The recorder (Richmond, Va.), 1803-01-05 00:00:00

THE RECORDER;
PRINTED BY HENRY PACE, & JAMES T. CALLENDER, RICHMOND, VIRGINIA; PUBLISHED EVERY WEDNESDAY MORNING. SUBSCRIPTION TWO DOLLARS PER ANNUM, IN ADVANCE.
WEDNESDAY, JANUARY 5, 1802.
TO THE PUBLIC.
MANY gentlemen residing in states north of this have addressed letters to us, to send them the Recorder; and requested we would name any person in Philadelphia or New York, where they could send their subscription money. We take this opportunity of informing the public, that Mr. Lewis, paper-maker, at Philadelphia, will receive any subscriptions sent for the Recorder, and Mr. Coleman, printer of the New York Herald, at New York.
TO SUBSCRIBERS.
THE subscribers to "The Recorder," are desired to recollect, that the payments for this paper should be regular and prompt. We shall not, at any future period of our editorial progress, be telling the public, in terms of declaration, that our subscribers are indebted to us in four, six, or ten thousand dollars. We pay a strict attention to our subscription list; and as soon as we can convince ourselves that a subscriber is disposed to fall behind in his payments, off he goes , without delay. Do you think that the editors of this paper are going to be such simpletons as to have a parcel of twelve, or fifteen hundred ragged, beggarly subscription accounts, dispersed all over the face of two, four, eight, or twelve dollars a head? Do you think that we know no little of common business, and of common sense, as to be giving credit for two or three years at a stretch, or even two months, to republican citizens, that remember to forget to pay the postage of their letters, wherein they solicit us to put down their names? Indeed, gentlemen, as the mayor of Coventry said to queen Elizabeth! They have got the wrong pig by the ear. You may depend upon it that no person exists upon the surface of this commonwealth, who shall ever be five dollars in debt to the Recorder, unless by the most peculiar and fatal combination of incidents. Does any man of business fancy that we are going to send money before hand, to Philadelphia, to pay for paper, to wait three months for its arrival, to pay every body in the house in advance, for working it off, and then, to be giving three years credit, with a law-suit at the end of it, to some worthy republican who resides five hundred miles to the westward of the Blue-Ridge? That is not the way, in which we design to do business. We shall have no advertisements ascertaining the simplicity of our having accounts, dispersed all over the state, to the amount of six, or eight, or twelve thousand dollars. Whenever a subscriber to The Recorder, knows himself to be behind hand, he must not differ with the post-master of the county; he must not think that he feels an apology of surprise, if the paper does not come next week; for, he may rest assured, that we shall pay the strictest attention to the state of payments and of defalcation; and, as we are obliged to pay for every thing in advance, our subscribers may rest assured that nobody shall be in our debt, if we can help it . NOTE. * We are satisfied that this will very seldom be the case. We have not more than one subscriber in forty, but what pays in advance, and assures us that he will continue to do so.
PORT WINE.
A FEW pipes and quarter casks of genuine old port wine are this day landed, and will be sold on moderate terms by ROBERT GAMBLE. Richmond, Nov. 21, 1802.
FISH.
A QUANTITY OF HERRINGS and SHAD, for Sale, By FRANCIS HYLAND. Richmond, Nov. 22, 1802. t. f.
THE Subscriber has lately removed to the Brick House, opposite to Crouch's Tavern, and near to Proffer and Moncure's Vendue Store.
He proposes to practise the Law in the High Court of Chancery, and District Courts, and in the County and City Courts, which are held in this city.
HENRY BANKS Richmond, August 24, 1802. tf.
TO BE HIRED,
For the ensuing Year, five valuable BLACKSMITHS.
TWO of them are equal to any of their colour in this state; one of them excels as a carriage smith. The hire to be paid quarter-yearly; bond with approved security of an inhabitant of Richmond will be required.
My house and lots in this city are still for sale; their situation is surpassed by few in the place. The house contains five bed-rooms, and three entertaining ones, two of which are 28 feet by 22. The terms may be known by applying to
LEWIS BURWELL. Richmond, Dec. 14, 1802.
50 DOLLARS REWARD.
RUN away from the Subscriber in this city, in May last, a Negro man, named
BAILOR.
A Black complexion, about Twenty-Six or Seven Years old, about Five Feet Seven or Eight. Formerly belonged to the estate of HOOKER and TOLSON; has worked at the Blacksmith's trade. Was purchased at Public Sale, last Spring.
Whoever discovers the said Negro, and delivers him to Jailor HINTON, City Jail, have the above reward by applying to William Fulcher.
THOMAS MOORE October 31st 182
WANTED, AS AN APPRENTICE
To the Printing Business. A Young Lad, from the Age of Thirteen to Fifteen Years. Enquire at this Office.
Nov. 17th 1802.
VALUABLE PROPERTY FOR SALE.
THE surviving partners of Mr. GEORGE NICOLSON, late of the city of Richmond, dec. and the acting executors of his last will and testament, will offer for sale, at public auction, on Wednesday, the 12th day of next month, the following valuable property of the late Rope Walk concern at Rocketts.
All that valuable piece of GROUND of nearly 16 acres, lying on James River, adjoining the city of Richmond, commonly called the Rope Walk Tenement. On this piece of ground are the following buildings: A Rope Walk of 150 fathom in length, 120 fathom of which is covered in; a Brick Lumber-House of four stories, and nearly 40 feet square; a Brick House (used as a lodging house for workmen) of two stories, 30 by 20 feet; a large Hemp-House of two stories; two small Dwelling-Houses, one of them 24 by 18 feet, the other 20 by 16 feet; a Stable and a Tarring House. Besides the improvements above mentioned, there is on this tenement, a valuable Wharf.
All the IMPLEMENTS for carrying on the Rope-making business (of which an inventory will be shown on the day of sale) will be sold with the tenement.
Two hundred acres of WOOD LAND, in Henrico county, about six miles below the city of Richmond.
Fifteen NEGRO MEN SLAVES and one WOMAN. Ten of the men slaves are valuable spinners, having been for several years employed in that business at the rope-walk; four are labourers, and one a waggoner. A WAGGON and four MULES.
For the rope-walk tenement, and for the two hundred acres of land, a credit of one, two, and three years will be allowed the purchasers. Bond and approved security will be required, to bear interest from the day of sale, if not punctually paid, and additional security by a deed of trust on the property will also be required.
For the slaves, and for the waggon and mules, twelve months credit will be allowed the purchasers giving bond and approved security, to bear interest from the day of sale, if not punctually paid. The sale will commence precisely at 11 o'clock, at the rope-walk.
JOHN CRINGAN, } Surviving WILLIAM ATCHISON, } partners. THOMAS NICOLSON, } Acting ex- ANDREW NICOLSON, } cutors. December 6th, 1802.
The acting Executors of George Nicolson, dec. will on the day and at the place above mentioned, offer for SALE, the following
VALUABLE PROPERTY.
All that TENEMENT in the city of Richmond lately occupied by their testator. The buildings on this tenement, are a large
convenient dwelling house of two stories, 48 by 30 feet; a brick kitchen and laundry of two stories, 30 by 20 feet, a smoke house, spring house, stable and coach house. The elevated and healthy situation of this tenement, and its commodious buildings, render it as comfortable and pleasant a situation for a private family, as any in this city.
Two unimproved LOTS OF GROUND of two acres each, lying near the tenement last above mentioned.
10,000 acres of LAND in Fayette county, in the state of Kentucky, on the north branch of Sandy river. This land was surveyed in 1785, and patented to James Gabbon, assignee of David Clayton and William Netherland, in August 1787.
2,000 acres of LAND in Nelson county, in the state of Kentucky on Rough creek. This tract was surveyed in April 1790, and patented to Robert Clark, jun. in 1792.
666 acres and 2-3 of an acre MILITARY LAND, on the waters of Anderson's creek, north west of the river Ohio. This tract was surveyed for Willis Wilson in June 1794, and patented in his name in May 1796.
A credit of one, two and three years will be allowed the purchasers; bond and approved security will be required to bear interest from the day of sale, if not punctually paid and, as an additional security for the purchase money of the tenement lately occupied by the subscribers testator, a deed of trust on that property will also be required.
On the 13th day of next Month, at the late dwelling house of George Nicolson, dec. will be hired until the first day of January 1803, all the HOUSE SERVANTS of the deceased, and several valuable SPINNERS, who have for several years been employed at the Rope Walk.
The subscribers will at any time before the 13th of next month, treat privately with any person inclined to purchase the tenement in Richmond lately occupied by their testator, which contains about 3 1-2 acres of ground.
THOMAS NICOLSON, } Acting ex- ANDREW NICOLSON, } cutors. Dec. 6th, 1802. (4t.)
LOST
ON Sunday evening, the 12th inst. a small plain gold WATCH CASE, if it should be offered for sale, please stop it, and apply to this printing office. Dec. 13th 1802.
FOR SALE.
By public vendue at STILLER'S Hotel, in the city of Washington, on Thursday the 12th day of January next, at twelve o'clock, the following tract of land.—Situate in Northumberland county, state of Virginia.—late the residence and property of PRESLEY THORNTON, esq. containing 2,500 acres, lying immediately on the river Potomac.—1700 acres of which are the most valuable kind of low grounds on the river, between 3 and 400 heavily timbered; the remainder is very high and extremely productive. The soil of this tract is equal to any in the state for the culture and corn, wheat, tobacco, timothy, and small grain of all kinds. On this tract are a large commodious two story Brick Mansion House, and two offices, a large brick stable, valuable barn, corn house, and many other out houses all in good repair. The orchards and garden contain a variety of valuable fruit trees, and the waters abound with excellent fish and oysters. It is situate about a day's sail from Alexandria, Baltimore, and Norfolk. There are two good mill sites for grist, or saw mills on this estate, and plenty of cedar and chestnut timber, exclusive of the heavy timber, which, if sawed up into scantling, will command a price, in the city of Washington, nearly equal to the value of the land. The terms of sale, will be one third cash, and the residue of the purchase money, in payments which will be made known at the time of sale.
RICHARD PETERS, jun. Dec. 8, 1802.
WANTED.
A situation, as an Assistant in a Store, A Person acquainted with plain open Accounts.
** No objection to attend a Bar of a Tavern. Richmond, Dec. 27th.
JAMES LYNCH,
HORSE SHOER, & FARRIER,
TAKES this mode of informing the public that he has removed from his shop near the COURT-HOUSE, to the CROSS-STREET, leading to Mr. COURT'S FERRY, where he intends to carry on every branch of the above business, with Blacksmith Work of every kind.
Richmond, Dec. 22d, 1802.
KENTUCKY LANDS FOR SALE.
To be sold at public auction, on Thursday the 10th day of December next, at 12 o'clock at the Eagle Tavern, in the city of Richmond.
5320 ACRES OF LAND.
In the state of Kentucky, belonging to the estate of the late Andrew Ronald, deceased.—viz.
2,880 acres, lying on Big Barren River; 1,000 acres on Green River, on the mouth of the Big Barren; 840 acres on the head branches of the South East fork of Skeggs Beaver Creek.
5320 acres, issued in four patents to Charles Danby, of Hanover County, the 1st. Oct. 1788, and purchased of him by the late Andrew Ronald—the whole recorded in the court of appeals, in the state of Kentucky, the 22d June, 1796, as by a certificate of Thomas Todd, esq. clerk of said court.
The terms of payment will be, one fourth of the purchase money to be paid in 6 months from the day of sale, one fourth payable in 12 months, one fourth in 18 months, and one fourth payable in two years, with bond and approved security—the bonds to bear interest from the date.
WILLIAM WISEHAM,
Executor to the estate of Andrew Ronald. Richmond, Nov. 12, 1802. (14t.)
FORTE-PIANO MAKER.
J. VETINERE,
OFFERS his service to the public for the repairing and tuning of Organs, Harpsichords, Forte Pianos, &c. He may be heard of by ladies and gentlemen wishing to employ him by enquiring at the Eagle Tavern, or at the Theatre.—Venetian Swells may be had, upon very reasonable terms.
Richmond, Dec. 15th 1802. (Vet.)
JUST PUBLISHED AND FOR SALE AT THIS OFFICE
PRICE TWO SHILLINGS AND THREE-PENCE
THE CONDUCT
OF MERIWETHER JONES, IN A SERIES OF LETTERS, ADDRESSED
TO THE PUBLIC;
By JAMES T. CALLENDER.
MANY gentlemen, when subscribing to this paper, have enquired for complete sets of the Recorder. These are not to be had. But this little publication will, in some measure, supply the want of them. Besides the seven letters to Jones, the last of which has run through every state, and every second newspaper in the union, the collection contains many other articles. Among these are, Defence of Aaron Burr—vs. Samuel Coleman, No. 1.—Defence of Timothy Pickering—A little more about republican economy—with a variety of small pieces.
A LITTLE MORE ABOUT DEMOCRATICAL ECONOMY.
FROM THE NORTH CAROLINA JOURNAL. Halifax December 6.
[It has always been the object of the Editor of the North Carolina Journal to avoid, if possible, personal disputes, and introduction of such unimportant personages as himself and his brother editors before the public. Of Mr. Gales, he believes he is not at present under the necessity of saying any thing. And as to that little Warrenton Foist, (one Dayton) who picks up his ears and barks, (he thinks fiercely for his master) he and his wretched production are alike unworthy of notice. The Editor passes them by with as much unconcern and contempt as a gentleman on horseback does his brocket when he is straining his little throat by the side of the road.
But to men and to their understandings the Editor will submit a few remarks. When the editor first settled in this state, there was not a demand for one newspaper out of twenty that are now subscribed for, and the other printing business was literally nothing; the editor almost wholly depended for a livelihood on the state business, for which the General Assembly agreed to allow him a salary of £500, which was more than would, under other circumstances, have been worth, but not more than sufficient at that time to induce the Editor to settle here and to enable him to live. Since that time, however, the situation of the

country is much changed, the demand for newspapers hath exceedingly increased, and other printing business become so considerable, as to induce several respectable printers to settle here: this being the case there seems to be now no necessity for giving more salary to the public printer than his services are worth. The practice of giving that extra salary, ought to cease with the necessity which gave rise to it. The editor will take the liberty of asking any honest man of common sense two or three plain questions.
If you wanted to get a piece of business of your own executed, and one man offered to do it for £600, and another for £400 would you not engage with him who offered to do it for the least?
If you employed any one as an agent to get that business done for you, would you not expect that he should engage with him who offered to undertake it for the least sum?
Are not the members of assembly your agents, and was it not their duty to have contracted with the man who proposed to do the public printing for the least sum of money?
The editor begs leave to make one further remark. — At the time that he, as public printer, was receiving encouragement from the fostering hand of the public, he thought it his duty to extend his encouragement to the infant, and only manufactory of paper in this state; and although the paper was not perhaps of an equal quality to that manufactured at other and better established manufactories in other states, yet the editor paid fully as much for it, and he trusts the native patriot, who, with as well to the infant manufactory of the state will deem the editor's conduct in that particular praise worthy and not censurable!
TO BE RENTED.
THAT large and convenient BRICK TENEMENT in this city, lately occupied by Mr. Robert Turner, as a Tavern and Boarding-House, situate on the corner of the Main-Street; and that leading to Col. Mose's Bridge. The central situation thereof cannot fail (if rented by a gentleman qualified for the purpose) to ensure a considerable number of respectable boarders; or, it is an eligible residence for a genteel private family. The premises may be entered, on the first day of March next, or immediately, as circumstances may suit; for terms apply to
ROBERT GAMBLE, Who has for sale a handsome assortment of CAR- PETS and CARPETING, and genuine PORT- WINE, in pipes and quarter casks.
The RECORDER.
RICHMOND.
JANUARY 24. 1802.
IN the Virginia Argus, and in the Examiner of last Saturday, some pieces have appeared, which might, under ordinary circumstances, appear to deserve, or demand an answer from the editors of the Recorder. It is not possible for the writer of this article, to make an answer, either to all, or to any one of these pieces. His reason is, that a gash on his forehead: that the contusions behind each of his temples, make it extremely improper for him to study or even to read. There is another, and a much stronger reason, why no answer can be given to any one of those pieces. This reason is, that the state of civil society has, for an interval, been suspended. That, in this instance, three of the magistrates of Henrico county have acted properly, we feel an absolute conviction. We feel that species of conviction, which, in China, issues from the end of a bamboo cane. We feel that species of conviction, which, in Turkey, is produced by the bastinado; which, in Russia, is produced by the knout; and which, under the old monarchy of France, was produced by the rack and torture. In a word, we feel that species of conviction, which is produced in Virginia by the bludgeon; by the exercise of Richmond republican principles.
But we acknowledge there exists an extinction of the laws of civilized society; and, as we are not ambitious of any immediate additional battles, we, as editors, do officially confess to be true, what, as individuals, we are convinced to be false.
As to the expence of public printing, it cannot be expected that we are at present to print another syllable about it. In Richmond, there is not, and there cannot be a difference of opinion about it. As soon as the dispersion of the present honorable assembly shall have renewed, or confirmed the existence of the constitution, and the laws of Virginia; as soon as we shall be convinced
that the law is superior to the bludgeon, we shall once more turn day-light, by proving that our affirmations were incontestible.
This day's "Recorder" consists of a variety of articles, that are entirely detached from any thought, or composition of our own. This paper has been patched together, in the common pair-of-citizens way, by clipping out of some other publication, any sort of piece that seemed tolerable. To various correspondents we need not make an acknowledgment for suspending the insertion of their favors. We may say to them, what an old English lawyer said to William the Third, when he landed in England, in 1688: — "Sergeant," says his majesty, "I am told that you have survived almost every lawyer in England." — "Yes, sire; and if you had not arrived, I should have SURVIVED THE LAW ITSELF."
This article is wrote upon Saturday, the 1st of January, 1803. It will be prepared for press this afternoon. Upon Monday, the 3d current, we expect to attend court, with the necessary and truly republican precaution of taking loaded pistols along with us. Of what may happen upon that day, it is impossible for us to speak with precision. Behold the first fruits of republican freedom of the press. At least, such is the case at Richmond.
IN last week's Recorder, there appeared a short statement of the arrestment of the editors of this paper. One of them gave security for his appearance on Monday, the 3d current; the other announced, that he would not give bail; that the considered his commitment as a much fitter object for an action of damages, than a bond of security; and that he would rather stay in prison, for five centuries, than give bail in such a cause, for the value of five cents. His commitment was the necessary consequence: and we have been, the more particular in this explanation, because, from all the printed accounts of this affair, already published, an inference might be drawn that he was not able to find bail.
In giving, with so much frankness, our opinion of the procedure, nothing is farther from our design, than to pass the slightest censure on the nature of the motives by which it was produced. We do not entertain the smallest suspicion of this sort. Of the four magistrates who sat upon the trial, Mr. Joseph Seldon dissented from the majority. With two of the other three gentlemen, the writer of this article has been in the habits of familiarity. There never, to his knowledge, existed a moment of personal pique between them. Of the third gentleman, he knows nothing but the name; but the office which he holds in society excites a probability that nothing is known of Mr. Price, unless what is respectable. We are thus explicit in the outset of the business, in order that we may be perfectly sure of extinguishing all forms of suspicion that personal resentment is entertained by the parties accused, against Mr. Storrs, Mr. Younghusband, or Mr. Price.
If we look into the history of acts of parliament, or statutes of Congress, it will be immediately perceived, that a law of importance very seldom passes till after an obstinate battle. The Alien act passed in the house of representatives by a majority of six and some of Madison's famous resolutions, by just such another. The trial by jury has very commonly turned upon as slender a point. At the present moment, the jail of Richmond exhibits a miserable and memorable instance of this truth. About three months ago, Peter Price was tried in this city for arson. Of twelve jurors, eight were positive to acquit him. Two were resolved to condemn, and two are said to have been doubtful. The law, with consummate absurdity, requires that ten intellectual beings should be exactly of the same opinion. The consequence of this doctrine is, that Mr. Price has been sent back to jail for six months. In April next, if his jury shall be divided a second time, he will be sent back to jail for a second six months. A successive division of jurors would keep him in jail to the end of his days, without the possibility of a trial at all. It would be very easy to quote, from English law-books, an hundred, or perhaps a thousand cases, that are quite as absurd and oppressive as that of Peter Price.
We go into this previous detail, without losing sight, for one moment, of the point to which we are advancing. In the course of the present case, a great deal has been laid upon both sides, concerning the infallible excellence of a trial by jury. It has been thought proper to give an opinion before-hand upon this celebrated point; because, with a very little management, it may be converted into the to-do of the American liberty of the press. We also give the case of Mr. Price as one of ten millions of decisive illustrations, that men of equal sense and honesty will very frequently differ in opinion. What reason is there for thinking, that eight men are more likely to be in the right than four men? Did not the experience of mankind show, that Columbus, the manner? that Harvey, the physician; that Newton, the astronomer; that Frederick the Great, successively acted in direct opposition to the judgment of all the rest of mankind. And are we to be told, that Columbus did not understand the principles of navigation; that Harvey did not understand anatomy; that Newton did not understand the principles of attraction, and the
motions of the planets? Are we, at this time of day, to be told that Frederick, did not understand the leveling of a rifle, and the discipline of a regiment of horse, better than any other field officer, that ever had existed? But if you had put Harvey into a jury box with eleven ordinary physicians, or to get still farther down, if Frederick had been squeezed into your infallible jury box, with eleven vulgar monarchs, the circulation of the blood, and the Prussian system of military tactics must have remained in oblivion.
With five thousand examples of this sort before us, can any lawyer seriously and soberly say, that the selection of a sheriff, or of a federal marshal, renders the opinion of a jury infallible? Or pray, what becomes of your infallibility, when, as in the instance of Peter Price, we have eight infallibles against two, infallibles; and two other gentlemen, who protest that they do not know whether they are handling or falling? It is desired to be as moderate as possible, but mark the consequence of this doctrine of the infallibility of juries! A man is often subjected to the verdict of twelve men, that know very little more about his case, than twelve of the meanest of the species. Do we affect to laugh at the reputed infallibility of the Pope; and is not the reputed infallibility of a jury a still more dangerous absurdity? The case of Mr. Price is but a drop in the Atlantic, of the absurdities that have issued by a trial by jury. We should be extremely puzzled upon being asked this simple question. Pray, sir, what would you put in the place of a trial by jury? Upon my conscience, we could not tell. But if we are of opinion, that the existing Roman Pontiff is infallible, this does not oblige us to find, for his holiness an infallible successor. An absurd conceit prevails, that human affairs can be rounded into perfection, you ought as well fancy that the human body could be rendered imperishable and immortal.
If members of a British parliament, and of an American Congress, are so very frequently at sixes and sevens about the enactment of a law, it cannot be wondered that four justices of the peace should be divided upon a question of a similar nature. We are sensible, that we have committed some prolixity of expression; but we have been at this expence of time and paper to preserve the personal characters of the magistrates from the slightest imputation. An action for wrongful imprisonment will immediately be commenced against them. It would, therefore, be considered as the grossest impropriety, to place an attack upon their characters in the van-guard of such a lawsuit. This forms one of our reasons for avoiding anything like an expression of resentment at the mode of conduct which was adopted by the justices. They acted upon principle. They acted for the best. If they did not understand the duties of their office; if their decision went to extinguish the first and last maxims, that hold society together, all this presents a very proper object for an action of false imprisonment; but a very unfair object for a page or accusation.
It was expected that this day's Recorder would contain a mass of reproach against Mr. Gervase Storrs, and his ingenious competitors for political distinction. A syllable of that nature shall not transpire in the present work. It would be quite as irregular to print a word concerning the insignificance of a political trial by jury. We are not prepared to affirm, but we are, in a very small measure, disposed to suspect that republican principles vied in a battle between two parties. The one, that gets uppermost, can always make any sort of juries that are fitted for its purpose. One of the principle objects of the existence of the Recorder was, to convince the good people of Virginia, that a political party is not to be trusted. Surgical experience has assured the writer of this article, that before you change government, you should change man. The exhibition of last fortnight must convince any man, who retains the possession of his reason, that, with some people, intellect and veracity are out of the question. The point of the story is this. Can you come behind your antagonist, and give him eight or ten blows across the head, across the breast, across the arm, and across the shin, before he has a moment of recollection to seize a demerit by the windpipe?
We shall endeavour to commence a brief, but regular detail, of the proceedings upon this case. Bad health, and other inevitable circumstances, have made it positively necessary to stop in this threshold of the narrative. We never saw anything before, which resembled this series of political proceedings. For the honor of the new world, we ardently wish, but we do not with confidence expect, that it may never have a parallel. In next paper we shall take up the commencement of these proceedings; and our subscribers shall be welcome to blame us, if any material circumstance is unknown to the public. The free and enlightened citizens of America, are requested to recollect, that, between hostile and inveterate parties, the trial by jury is not always worth a fiddlestick; that it is as easy to give a verdict for fifty thousand dollars of damages, as for fifty cents. The rational part of mankind are requested to recollect, that, in a very recent instance, republican principles have been resolved in Mr. Barnstead's store, by the cubic inches of a bludgeon; and that, it is mockery to speak about principles, when the real and only question is, which of two factions shall be uppermost. A regular narrative of the proceedings in this case will be commenced in our next.
MR. A. DAVIS.
I OBSERVE in your paper of the 28th inst. a statement of the proceedings of last Friday, at the Court-House, in which it is mentioned that I had been applied to by Mr. George Hay, for a warrant against James T. Callender, and had refused to grant it.
Mr. George Hay did apply to me for a warrant, or to use his own words, demanded it. I informed Mr. Hay that
it was a new case, and that I had my doubts whether such a warrant could legally be granted; that I must have time to consider the subject, and obtain the best legal opinion I could; that if I should be convinced that I ought to grant it, I certainly would do so. Mr. Hay then read the Act of Assembly in the Revised Code, page 100, and added that by that law, I was authorised to grant the warrant, but that if I had any doubt, Mr. M'Rae (who was then present) would give me his advice. Mr. M'Rae gave it as his opinion, that I had power to grant the warrant; however, as I was determined not to do an act which appeared to be of such consequence, before I had taken sufficient time to consider, and also to get the best advice I was capable of procuring, I told Mr. Hay that I would not grant the warrant until I had consulted the States' Attorney, Mr. William Marshall, who was, in my opinion, the most proper person for magistrates to apply to, when they were at a loss in points of law.
In less than half an hour after Mr. Hay left me, I called upon Mr. Marshall, and informed him of the application that had been made by Mr. Hay and also of the answer, I had given him. Mr. Marshall observed that he was not surprised that I required time to consider a subject of such importance; that it was a new case, and such as he never could have supposed would come before any magistrate in the United States; that he must himself take time to examine authorities on the subject, before he would give me his opinion, but that his present impression was, that it would be an illegal act.
After parting with Mr. Marshall, I called on Mr. George W. Smith, who has always given me his friendly advice upon application. I stated the case to Mr. Smith, and informed him of the answer I had given to Mr. Hay; he in a most friendly manner expressed his approbation of my conduct, and said that he had no hesitation in declaring that it was his opinion, that a warrant could not legally be granted, and advised me not to do it. I then applied to Mr. James Rind, who agreed exactly in opinion with Mr. Smith.
Before my return home I again applied to Mr. Marshall, his answer was, that he had considered the subject; and that his opinion was, that it would be an illegal act, and that I ought not to grant the warrant.
On my return home I was informed by my clerk, that Mr. Hay had called at the counting house and desired him to inform me, that I need not give myself any more trouble in the business, as he had obtained a warrant.
I have however, since that time consulted almost all the lawyers in Richmond, who have declared their opinions to correspond with those of the gentlemen mentioned above.
My motive for troubling the public is merely to state facts, which I have reason to believe are not properly understood.
JOHN FOSTER.
Richmond Dec. 30, 1802.
[FROM A LONDON PAPER.]
CURIOUS TRIAL.
AN action has lately been tried in the second term, 1802, at Bombay, before Sir William Syer, knt. recorder, &c. brought by Lieut. Castleton Maw, against Messrs. Learmonth, Raymond, &c. officers of the ship Scaleby Castle, for an assault. It appears, that in crossing the line, on the passage to Bombay, the usual ceremony performed by Neptune and his attendant deities took place, which consists of shaving and ducking all those who have not before crossed the line. This Lieut. Maw firmly resisted, and made many offers to give an equivalent either in money or spirits, to be excused from suffering such indignity. After making repeated offers to the men on condition of their not molesting him, and finding them contemptuously rejected, he shut himself up in his cabin, the door of which he barricaded with his trunks and boxes, the best way he was able, using the farther precaution

lowering his port, to prevent intrusions from without. After remaining some time in this state of imprisonment, without light or air, and that under the line, and during the hottest part of the day, the party, whose characters had all been cast beforehand, and with oaths and imprecations, insisted on immediate admission. This he resolutely refused to grant, but with the same breath again intreated them to take his money, and leave him unharmed; a proposal on his part which was strongly seconded by Mr. Patterson, the fourth mate of the ship, with the additional assurance that he, their officer, would be answerable for the plaintiff's supplying all of them with spirits, on the ship's arrival at Bombay. Neither to be won by intreaties, however, nor intimidated by threats, the gang immediately began to force open the door; but not succeeding in this so easily as they expected, they all with one accord went on deck, as it on purpose for farther orders and fresh instructions. Mr. Raymond, the third mate, accordingly, desired some of them to go below, and to take the door off the hinges; and suggested that others might make their way in at the port. While one party went down with the carpenter for the first of these purposes, a sailor of the name of Edwards, was let down the side of the ship, brandishing a naked cutlass in one hand, while he held a bludgeon in the other. By the assistance of the latter weapon, the plaintiff's port, which he was not sailor enough to fasten properly, was lifted up, and Edwards stretching the arm which held the cutlass into the cabin, made thrusts therewith in every direction, which Mr. Maw for some time parried with his sword; and though he could, at this period, with great ease, either have stabbed or shot his assailant, he abstained from doing him any injury. Indeed, the pistols with which he had armed himself, and which he now fired off, in hopes of protecting himself from further outrages, were loaded with powder only. No sooner, however, were they both discharged, than Edwards made a leap into the cabin, his associates at the same instant rushing in at the door. The whole armed gang now pressed round the plaintiff, and after wresting the sword from the only hand he had to hold one, tore and dragged him upon deck. There he clung some time to the post of the cuddy door, and seeing no hopes of protection, but the contrary, from the first and third mate who were upon deck, called out in the most anxious manner to the captain of the ship, who, from the unfortunate circumstance of the door of his apartment being shut at the moment, joined to the great noise which prevailed without, heard nothing, as he afterwards declared, of this appeal to his protection, which otherwise, there could be no doubt, from his disapprobation of the proceedings when informed of them, would not have been made in vain.
Such was now the agitation of the plaintiff's mind, that he actually made an attempt to escape from farther outrage, by throwing himself overboard, and would have affected his fatal purpose, if it had not been for the active humanity of his friend, Mr. Patterson. But neither the pain he had already undergone, nor his evidently preferring death itself to farther indignity, had the effect of procuring him any respite or release. He was torn from his hold, dragged along the quarter-deck, to the waste, and forcibly fix'd in the boat, half full of filthy water, which had been placed there for the business of the day. His eyes being bandaged with a dirty napkin, a noxious composition of tar and pitch was rubbed over his face, and taken off again by the means of a rusty hoop, serving the purpose of a razor. He was then pushed back with violence into the boat, and there held struggling for several seconds, with his head beneath the water. In consequence of this treatment, the plaintiff kept his bed the whole remaining part of the day; and next morning, finding his fores and bruises extremely painful, had recourse to the surgeon of the ship for assistance, who informed the court in what state
he found him. Mr. Dowdeswell, on the part of the defendants, considered the whole as a joke, and spoke in mitigation of damages. The recorder, as well as the jury, thought these jokes rather too severe; and the court awarded 400 rupees damages.
BY the late fire which unfortunately happened in this city, on Tuesday morning, the whole of the North row of that square was entirely destroyed, except the house and store of Mr. Vanett, which was situated on the Eastern corner of the row; but as the wind blew hard from the east, his house, though next to Mrs. Dill's, which was the house that first took fire, was saved from the flames. On the Sunday night following, Mr. Vanett's store was broke open, by the solid brick wall being knocked out, under the window, in the front of the street. The watch-box is at the back of Mr. Vanett's, and Mrs. Dill's houses. The watch knew nothing of the fire or the house breaking; it is to be hoped, that these distressing facts might be enquired into, by the police of Richmond. Mr. Vanett awakened by the shaking of the house, and disturbed the villains. Mr. and Mrs. Vanett, as well as the majority of the unfortunates who inhabited that row, are laborious, industrious persons.
PRESIDENT'S MESSAGE. WASHINGTON CITY, Dec. 15. This day at 12 o'clock, the following message was delivered to each house by Mr. Lewis, Secretary to the president: TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES.
WHEN we assemble together, fellow citizens, to consider the state of our beloved country, our just attentions are first drawn to those pleasing circumstances which mark the goodness of the Being from whose favor they flow and the large measure of thankfulness we owe for his bounty. Another year has come around, and finds us still blessed with peace and friendship abroad; law, order and religion at home, good affection and harmony with our Indian neighbours, and burthens lightened; yet our income sufficient for the public wants, and the produce of the year great beyond example. These, fellow citizens, are the circumstances under which we meet; and we remark with special satisfaction those which under the smiles of providence, result from the skill, industry and order of our citizens, managing their own affairs in their own way, and for their own use, unembarrassed by fiscal exactions.
On the restoring of peace in Europe that portion of the carrying trade, which had fallen to our share during the war, was abridged by the returning competition of the belligerent powers. This was to be expected and was just. But, in addition we find, in some parts of Europe, monopolizing discriminations, which, in the forms of duties, tend affectionately to prohibit the carrying thither our own produce in our own vessels. From existing amities and a spirit of justice, it is hoped that friendly discussion will produce a fair and adequate reciprocity. But should false calculations of interest defeat our hope, it rests with the legislature to decide whether they will meet inequalities abroad with countervailing inequalities at home or provide for the evil in any other way.
It is with satisfaction I lay before you an act of the British parliament anticipating this subject, so far as to authorise a mutual abolition of the duties and countervailing duties, permitted under the treaty of 1794. It shews on their part a spirit of justice and friendly accommodation, which it is our duty and our interest to cultivate with all nations. Whether this would produce a due equality in the navigation between the two countries, is a subject for our consideration.
Another circumstance which claims attention, as directly affecting the very source of our navigation, is the defect or the evasion of the law providing for the return of seamen, and particularly of those belonging to vessels sold abroad. Numbers of them, discharged in foreign ports, have been thrown on the hands of our Consuls, who to rescue them from the dangers into which their distresses might plunge them and save them, their country have found it necessary, in some cases, to return them at the public charge.
The cession of the Spanish province of Louisiana to France, which took place in the course of the late war, will, it is carried into effect, make a change in the aspect of our foreign relations, which will doubtless have just weight in any deliberations of the legislature connected with that subject.
There was not long since, to apprehend that the warfare in which we were engaged with Tripoli, might be taken up by some other of the Barbary powers. A reinforcement, therefore, was immediately ordered to the vessels already there. Subsequent information however has removed these apprehensions for the present. To secure our commerce in the sea, with the smallest force competent, we have supposed it best to watch strictly the harbour of Tripoli. Still however the shallowness of their coast, and the want of smaller vessels on our part, has permitted some cruisers to escape unobserved: and to one of these an American vessel unfortunately fell a prey. The captain, one American seaman, and two others of colour remain prisoners with them; unless exchanged under an agreement formerly made with the bashaw, to whom on the faith of that, some of his captive subjects had been restored.
The convention with the State of Georgia has been ratified by their legislature and a repurchase from the Creeks has been consequently made, of a part of the Tallefee county. In this purchase has been also comprehended a part of the lands within the fork of Oconee and Ocmulgee river. The particulars of the contract will be laid before Congress so soon as they shall be in a state for communication.
In order to remove every ground of difference possible with our Indian neighbours, I have proceeded in the work of settling with them, and marking the boundaries between us. That with the Choctaw nation is fixed in one part and will be brought through the whole within a short time. The country to which their title had been extinguished before the revolution is sufficient to receive a very respectable population, which Congress will probably see the expediency of encouraging, so soon as the limits shall be declared. We are to view this position as an outpost of the United States, surrounded by strong neighbours, and distant from its support. And how far that monopoly, which prevents population, should here be guarded against, and actual habitation made a condition of the continuance of title, will be for your consideration. A prompt settlement too of all existing rights and claims within this territory presents itself as a preliminary operation.
In that part of the Indiana territory which includes Vincennes, the lines settled with the neighbouring tribes fix the extinction of their title at a breadth of twenty four leagues from East to West, and about the same length parallel with and including the Wabash. They have also ceded a tract of four miles square, including the salt springs near the mouth of that river.
In the department of finance it is with pleasure I inform you that the receipts of external duties, for the last twelve months, have exceeded those of any former year, and that the ratio of increase has been also greater than usual. This has enabled us to answer all the regular exigencies of government, to pay from the treasury, within one year, upwards of eight millions of dollars—principal and interest, of the public debt, exclusive of upwards of one million paid by the sale of bank stock, and making
in the whole a reduction of nearly five millions and an half of principal, and to have now in the treasury four millions and an half dollars, which are in account of application to the further discharge of debt, and current demands. Experience too, so far authorizes us to believe, no extraordinary event supervenes, and the expenses which will be actually incurred, shall not be greater than were contemplated by Congress at their last session, that we shall not be disappointed in the expectations then formed. But nevertheless, as the effect of peace on the amount of debt, is not yet fully ascertained, it is the more necessary to practise every useful economy, and to incur no expenses, which may be avoided without prejudice.
The collection of the internal taxes, having been completed in some of the states, the officers employed in it are of course out of commission. In others they will be so shortly. But in a few, where the arrangements for the direct tax had been retarded, it will still be some time before the system is closed. It has not yet been thought necessary to employ the agent authorised by an act of the last session, for transacting business in Europe relative to debts and loans. Nor have we used the power conferred by the same act, of prolonging the foreign debt by re-loans and redeeming, instead thereof, an equal sum of the domestic debt. Should, however, the difficulties of remittance on so large a scale, render it necessary, at any time, the power shall be executed; and the money thus unemployed abroad, shall, in conformity with that act, be faithfully applied here in an equivalent extinction of domestic debt. Where effects so salutary result from the plan yet to have already functioned, when merely by avoiding false objects of expense, we are able without a direct tax, without internal taxes, and without borrowing, to make large and effectual payments towards the discharge of our public debt, and the emancipation of our posterity from that mortal canker, it is an encouragement, fellow citizens, of the highest order, to proceed as we have begun, in substituting economy for taxation, and in pursuing what is useful for a nation placed as we are, rather than what is practised by others under different circumstances. And whenever we are destined to meet events which shall call forth all the energies of our countrymen, we have the firmest reliance on those energies, and the comfort of leaving for calls like these, the extraordinary resources of loans and internal taxes. In the mean, time by payment of the principal of our debt, we are liberating, annually, portions of the internal taxes, and forming from them a growing fund, still further to lessen the necessity of recurring to extraordinary resources.
The usual account of receipts and expenditures for the last year, with an estimate of the expenses of the ensuing one, will be laid before you by the secretary of the treasury.
No change being deemed necessary in our military establishment, an estimate of its expenses for the ensuing year, on its present footing, as also of the sums to be employed in fortifications, and other objects within the department, has been prepared by the secretary at War, and will make a part of the general estimates which will be presented to you.
Considering, that our regular troops are employed for local purposes, and the militia is our general reliance for great and sudden emergencies, you will doubtless think that institution worthy of a review, and give those improvements of which you find it so susceptible.
Estimates for the naval department, prepared by the secretary of the navy for another year, will in like manner be communicated with the general estimates. A small force in the Mediterranean will still be necessary to restrain the Tripolitan cruisers, and the uncertain tenure of peace with some other of the Barbary powers, may eventually require that force to be augmented. The necessity of procuring some smaller vessels for that service will

raise the estimate; but the difference in their maintenance will soon make it a measure of economy.
Presuming it will be deemed expedient to expend annually a convenient sum towards providing the naval defence which our situation may require, I cannot but recommend that the first appropriations for that purpose, may go to the saving what we already possess. No case, no attentions, can preserve vessels from rapid decay, which lie in water and exposed to the sun. These decays require great and constant repairs, and will consume, if continued, a great portion of the monies destined to naval purposes. To avoid this waste of our resources, it is proposed to add to our navy yard here, a dock, within which, our present vessels may be laid up dry, and under cover from the sun. Under these circumstances, experience proves, that works of wood will remain scarcely at all affected by time. The great abundance of running water which this situation possesses, at heights far above the level of the tide, if employed as is practised for dock navigation, furnishes the means for raising and laying up our vessels on a dry and sheltered bed. And should the measure be found useful here, similar depots for laying up, as well as for building and repairing vessels, may hereafter be undertaken at other navy yards, offering the same means. The plans and estimates of the work, prepared by a person of skill and experience, will be presented to you without delay, and from these it will be seen, that scarcely more than has been the cost of one vessel is necessary to save the whole, and that the annual sum to be employed towards its completion may be adapted to the views of the legislature as to naval expenditure.
To cultivate peace, and maintain commerce and navigation in all their lawful enterprises; to foster our fisheries as nurseries of navigation, and for the nurture of man, and protect the manufactures adapted to our circumstances; to preserve the faith of the nation by an exact discharge of its debts and contracts; to expend the public money with the same care and economy we would practise with our own and impose on our citizens no unnecessary burthens; to keep in all things within the pale of our constitutional powers, and cherish the federal union, as the only rock of safety these fellow citizens, are the landmarks by which we are to guide ourselves in all our proceedings. By continuing to make these our rule of action, we shall render to our countrymen the true principles of our constitution, and promote an union of sentiment and of action, equally auspicious to their happiness and safety. On my part you may count on a cordial concurrence in every measure for the public good; and on all the information I possess which may enable you to discharge to advantage the high functions with which you are invested by your country.
THOMAS JEFFERSON;
December, 15, 1802.
AGRICULTURAL.
THE contempt in which the employment of tilling the ground is held by some people is the more strange, inasmuch as it not only feeds and supports the human family, but also, more than any other secular employment, distinguishes men from brutes. Several of the brute tribes are ingenious mechanics, while some of them are profoundly skilled in the arts and sciences. The Spider is a most curious spinner, and weaver, and from her it is not improbable, that some ingenious woman might have first taken the hint to learn and practise those useful arts. The Ant constructs subterraneous granaries; and has taught mankind to lay up food securely, in summer and autumn, against the season of winter. The Beaver has knowledge of architecture. He cuts down timber, and, being destitute of levers or waggon, conveys it to the proper place by water, and builds himself a convenient house. Savage man, perhaps learned of him to build his
hut.—The little Nautilus, that floats along upon the water by the help of a thin membrane, which she extends in the form of a sail, might, it is possible, have communicated to mankind the first idea of sailing, instead of rowing. Bees, Ants and Beavers, seem to understand the social compact, and the science of government. The Bee is an excellent geometrician. The cavities in her comb are constructed by the exactest rules of geometry, such as Newton himself would not have been able to improve upon. The Dog is a good logician, and knows how to make a good syllogism. Report says, that, when following the track of his master, if he comes to a place where the road divides into three branches, he has been seen to smell, first at one branch of the road, then at another, and finally to pursue the third branch, without smelling at it. This was as much as to say, "My master, I perceive, has not gone this road nor this; ergo, he must have gone in that." No learned academican could make a sounder syllogism than this is. Parrots vie with men and women in the art of speaking; and there are several classes of birds, that, in music, which is reckoned among the fine arts, equal, if not excel, even the Italians. Men have been in a great potter about finding longitude; and Mr. Harrison, while he immortalized his name, received twenty thousand pounds sterling of the British Parliament, for the invention and workmanship of a curious watch, that was intended to assist mariners in their longitudinal courses; yet geese and some other birds of passage, have known longitude from time immemorial. Without the help of Harrison's time piece, without a compass or quadrant, they make a voyage, sometimes, of more than a thousand miles; and seldom fail of finding the little island, or the rock in the ocean, which had been their wonted resting place. Monkeys, as well as men, have hands, and if they knew how, might become farmers. They are imitative creatures, and often mimic the actions of men; but though they live upon the fruits and vegetables of the earth, no monkey was ever known to become a planter, or to attempt any kind of agriculture.
This business belongs exclusively to man, who is lord of the lower creation. And as tilling the ground, more than any other worldly employment, distinguishes the human from the brutal nature, it also distinguishes the civilized from the savage man. It is not till men have attained to no inconsiderable degree of civilization, that they begin to cultivate the earth.
Whoever, therefore, despises the employments of agriculture, is a ninny, and deserves to be despised himself.
Balance.
FROM THE BALTIMORE GAZETTE.
When the strong coincidence in the principles and views of Tom Paine and Mr. Jefferson were pointed out in this gazette a few short weeks past, the inflamed zeal of their partisans urged them to take an essay of their influence upon this press; and had it existed as much upon their wills as on the independence of its editors, the Federal Gazette would be now no more. What then gave them so much offence, we believe some of them now view in a different light, and were it not childishly deemed a want of consistency by them, they would frankly avow it. They fully perceive that all that had been predicted before Paine's arrival, has since, to the shame of Mr. Jefferson, been completely verified. His flagrant and billingsgate attack, while seated at the elbow of the president, upon the hoary-headed and venerable Adams, now in retirement, justly, depicts to them the villainy of the one and the vindictive malice of the other. It will be vain for Mr. Jefferson to attempt to separate himself in the eye of the world from the ostensible author of this wanton and inhuman philippic in his paper. We say his paper, because to him only may be ascribed the origin of the official paper at
Washington. We shall not take into account the sycophantic servility of its editor, under the shew of intimacy with the president; or then close connexion which has been known to subsist between the latter and the calumniating infidel scribbler. What would the revilers of Mr. Adams have said; what would the world have said, had he taken to his table, caressed with the enthusiasm of Jefferson, and patronized with liberality, the editor of Porcupine's Gazette? But even this is not a parallel, and the pursuit is nugatory, if we strive to find in the annals of united folly and wickedness, its equal in malice, cruelty and crime.
The world shall not accuse us of partiality. Mr. Jefferson's two writers shall have fair play. Of Mr. Callender's writings, he has been pleased to say, that "they could not fail to have the best effect." He has probably said the same of Tom Paine's; at least he has "prayed" that the infidel might continue his useful labors, and receive his reward in the thankfulness of nations. That he may have an opportunity of deciding which will do the greatest good, a specimen of each is given him in this day's Gazette. In point of decency, it will be granted there is no great odds. Dare his banjo editors here do the same?
FROM THE GAZETTE OF THE UNITED STATES.
LAW INTELLIGENCE.
SUPREME COURT OF PENNSYLVANIA.
December Term, 1802.
COMMONWEALTH (vs.) BENJAMIN GIBBS
THIS was an indictment founded on the 17th section of the election law, which provides, that "if it be made to appear, to the satisfaction of the proper court, that at any election to be held under this act, any intimidation, threats, force, or violence have been used, or practiced, with design to influence unduly, or to overawe such election, or to restrain the freedom of choice; or if any officer of the election shall be threatened, or violence used to his person, or interrupted in the execution of his duty, every person who shall be guilty of such intimidation, threats, violence, or interruption, being convicted thereof, shall be fined and imprisoned for the same," &c.
The facts, as they appeared on the trial, were shortly these:—
On the day of election, in 1801, the defendant's father, who is an American by birth, very old and infirm, and entirely blind, offered his vote as an elector. Before, however, he was permitted to exercise this right Mr. Liberty Brown, one of the inspectors, required him to answer, on oath or affirmation, the following questions:
1. Did you at all times, during the late revolution, continue in allegiance to this state, or any other of the United States? 2. Did you join the British forces, or take an oath of allegiance to the king of Great Britain, and if so, at what period? 3. Have you ever been attained of high treason, and if you have, has the attainder been reversed, or have you been pardoned?
Old Mr. Gibbs, not having heard of any law authorizing these questions; and having voted for many years without their being proposed to him, enquired, by whom, and by what authority they were put. Mr. Brown gave his name, and said he belonged to a family which Mr. G. had very much wronged. Much inductive then passed on both sides, till at last Mr. BECKLY interfered, and insisted upon the questions being answered. Mr. G. finally consented to do so, and gave the negative to all of them. He then went away amidst the cry of traitor and tory, and at parting, the defendant, speaking to Beckly, told him he "was a damned infernal rascal, and that he would see him the next day."
Upon these facts it was acknowledged on both sides, that two questions were to be considered:
1. Did the officers of election, in proposing the questions, transgress their powers. 2. Was the language and conduct of the defendant, under the circumstances of the case, the offence contemplated by the act of assembly.
For the defendant it was contended by Messrs. Lewis and Ingelsoff, with great learning and eloquence, that the questions were illegal, tyrannical, and unconstitutional; unauthorized by any act of assembly, contrary to the fundamental principles of the common law; to the express provisions of the constitution, and to the plainest rules of natural justice. The act of assembly, in enumerating the qualifications of the voters, and in point-
ing out the mode of proving them, had denied to the officers of the election any discretionary powers. The individual who was invested with the qualifications mentioned in the law was not to be harassed with an examination into all the circumstances of his life, nor placed before an inquisitorial tribunal, in order to be forced into a disclosure of his crimes.
It was said, that the test laws having been abolished, all the questions except that relating to attainder, were totally irrelevant, and that, by various laws, even those who had received commissions from the king of Great Britain were restored to citizenship upon taking the oath of allegiance to this state; that it was then wisely intended to abolish the acrimonious distinctions to which the revolution had given birth, and why, it was asked, are these old and almost forgotten feuds revived. But it was most strongly and emphatically urged that whether the facts to which the questions related were relevant or not, yet that no right existed to compel the citizen to answer them.
The constitution guarantees to every man the right of refusing to criminate himself. The Lord Chancellor of Great Britain, in all the plenitude of his extraordinary powers, cannot compel any individual to subject himself even to a pecuniary penalty. Such a prerogative never was exercised even in England, except by the infamous Star Chamber, and there it was one of the immediate causes of the downfall of that odious tribunal. 3 Bl. 444.
Mr. Gibbs was, in this case, by a new and unheard-of inquisition, called on to accuse himself of treason, to confess himself a traitor on record; to acknowledge, that he was attainted for the highest crime that man can commit against society; that his life had been forfeited to the justice of his country; that he was disqualified as a witness, as a juror, for any office in the state, from bringing an action, from acquiring, from holding, and from transmitting his property.
It was denied that the treaty of peace had removed these incapacities; but if it had, it was confidently insisted on, that no man is bound to expose himself even to shame and reproach, and that no question is legal, by answering which the citizen may expose himself to infamy. Sey. Pr. R. C. 75. 3 Bl. Com. 363. Dougl. 572. Salk. 133. 4 St. Trials 747, &c. The helpless situation of old Mr. Gibbs; the unmerited outrage upon his character and feelings; the gross impropriety of Mr. Brown's allusion to his family feuds, on the day of election, and when acting as a public officer and on the most important of all occasions, were offered with great eloquence in extenuation of the warmth of the defendant, and in justification of his resentment. The rights of suffrage ought, indeed, it was said, to be jealously guarded; every species of intimidation, violence and corruption, to be sternly, readily and severely discountenanced; but most vigilantly ought the people to be directed to the conduct of the officers of the election. They were the depositaries of the people's rights; they ought to be fully informed of their duties; and their offences were most eminently pernicious, most extensive in their effects, and deplorable in their consequences.
If, then, the questions were illegal and arbitrary, Mr. Beckly was not in the execution of his duty when he proposed them, and the defendant was not within the operation of the law.
On the second point it was contended, that in order to constitute the offence contemplated by the act, it was necessary, that the defendant should have designed to influence, unduly, and overawe the election: that the whole transaction was sudden and unpremeditated; no such design appeared, or was carried into execution; that the threat evidently related to a future day, and that it never could be the intention of the legislature to impose so severe a punishment for a temporary ebullition of passion.
The court were of opinion with the defendant on both points. Chief Justice Shippen, who delivered the charge to the jury, said, that it was a principle founded upon natural justice, and firmly established by the laws of the land, that no man should be called on to criminate himself. So jealously had the legislature guarded this right, and so tender were they of suffering it in the slightest degree to be violated, or encroached on, that they had refused to authorize bills of discovery even in civil cases. The question proposed in this case, if answered affirmatively, would have created the various incapacities which had been stated by the counsel, and would have criminated the defendant.—Therefore, the whole court, he said, were of opinion, that the inspectors were wrong in proposing them.
He said, also, that the act must have intended to punish only those offences which were premeditated, and designed to influence the election. In the present case, the threat arose from a sudden affray, and did not appear to have been intended to have any effect on the proceedings of the judges or inspectors. On both grounds the defendant ought therefore to be acquitted.
NOTE.
* The arguments of counsel for the prosecution will be given in a future number.