jT-k v.'i-' ' " • . - [ ' . • ' 1 0 \ '* »•»j 4 : E V E if , [No. 22 of Vol. V* (S. C.) l>ec. ,6 1 • Citizens MatklandSc M'lver, WHEN an iwJiTkltiftt recoivtn ai mvrj froma fa of men, whjrtie thole men are a&injf 4HkJer the doafe „ vtßce m not, ihe pcact and happi„ e r 8 0 tnat individual is diflurbed, and his goo, name, more commouly, fuffers ; n opinion of the people at lart>e, than tha it fliould he defended. But when th individual is attacked by a powerful body hi* liberty taken from him, and I,is ast, <"*. nay, Ins thoughts, are fcrtrtimzed under specious pretence* of public fafoty it is then, no longer 3 piivate injury ; i becomes one>«« - , nature. Citi «ns, it is from hVi.' lb M , through tlx channel of your pap«j . I seek to p,oduc< to my fellow chisei,?, „ 0 t of this ftatc only, but of the whole Um'ted States, ? relation of an arbitrary ast, which aU tltmigh fetmingly aimed at me, yet ftrikcfc at the very bafu of the political linertyofmy country. In giving this relation, «< //$„//nothing extenuate—mr Jet down aught in make." On Saturday night the 7th instant, If was accnlled in my yard by a pcrfn,, who i €Bme in at my £r a te, with th? uft-rtl com ptjmei.t .i:!t know what he c?'ne Upor\ I declnved my ignorance. He conti'Ke i Ih'h preface, by faying, he pre fuoi'-it I i,,ii(( l.ave !*eard the opinions and ("nni-izn which have been on "•y r !> 'lie country foine few wetks back." T rc ulljg; tfiofc rr 'ijTTs ~ ~ "which he s'hnied to had reached m\ while in the country, and precipitated n>y return to ChaiJelton, to fie* rrv enemits. He then produced his com tnijfion, which was a bench warrant, signed by Thomas Waliea, and E. H. Bay, (two of the afTociate judge?) 10 take iny body in custody, for attempt ing to levy ttoops from among tbf citi zens of this Hate, and under commillions of the FieiiLh republic. This warrant was grounded on a representation of a committee who were appointed by tire house of reprefrntatives now fitting at Columbia, fettirig forth, " That diver® pcrfone, citiaens of this Ihte, have wick- «dlyattempted, under afitreignfuilhoriry, to levy an armed forcc within state, iviih out the pemiiflion and contlary to Uic expreis prohibition of the govemnte.rct of* the United States." This wanir.t a cted against my body only. I fnbmitied . it was d<>ati»ed with the eutOTrhv thole v> the people had to execute the laws ; and howe^er/ ttnocent I might be, it was the i" r t 11 P o 9d citizen to submit, T 1 " fequtl, how- ever, proved that < I " re was intended, and the taking of "hn Drayton, Timo thy Ford, and Green Hunt, wliich decides forth, " That William Tsete, Drayton, John Ham- Robert Tate, Jacob Roberta Brown, and Richard Speake, have fe- veratly been concerned and employtd in enrolling the citizens of this (late, and rxciting them to arm themselves in the fcrvice of the French republic ; and to inarch out of this Jlate, under officers ap- pointed and commissioned by theminifter plenipotentiaiy of the French republic, and that the said W. T. S. D. See. pus- of I N G fefs certain informations of and in the premises, as well as divers papers or re cords, relative thereto, which arc ncctf fary and proper to be obtained and brought before the committee, in order to enable them more fully to discharge the I trujl and duly commit fed to them, as afore, said, Bcc. y> Confequcnrly, cos. W. Hampton was not only aiuhoriTtd to take the above persons into cnflody, but immediately, notwithstanding evuifes, neglects or refnfals, to compel them to appear before the committee atCnhimbia. And moreover, to ft arch for all papers, tecords, memorandums or writings in any wife t elating to, or touching the pre mises, _ which may be in the cnitody of the said S. 1). VV . T. See. (and repeats) " and all papers so found, forthwith, to gether with the persons aforefaid, to bring before the said committee, at the place aforefaid." Concluding with re quiring and enjoining all citizens of this (late, upon thereunto required, to be aiding and aflifting—as they Jhali an fiver the contrary at their peril. Citizens of America, after perilling the above, attend to the following : Hie warrant from the committee, de claring that divers persons are levying tvoops, or an armed force', in this Hate, without permifßon, and contrary to ike government, of the United Slates, and thereby declaring it to be illegal, is aft nig under the proclamation of the Preii dent of the United States, dated the loth of April, 1793, enjoining the ci tizens of thefc states to obfetve an exail neutrality refpe&ing the belligerent powers. Die 3d faction of the 2d article o! the con(liiution defines the power of the Piefident, refpx;£ting extraordinary occalions, and such mealures as arc ex pedient to be taken, in which the law of has been St fit, lie may rtretrrt mend ; but it does not empower him to cieate a new law, however expedient it maybe. In the jd fcaioti, the ill ar ticle, declares what treason agaiult the United States Ihalj c onli(l i. e. the levying war againll them, or in adhering to their enemies, giving them aid and comfort. Ihe 2d clause of the 6tb *r titfle declares, that this coofti tuti«n and the laws of the United States, which lhil! be made in thereof, or which flrall be made u-der'thc authority of the United Sta* s » fhaJ! be the fu. preme law of land. The 6th clause in the amepJuent to the conilitution dcclarts, iAe ''ght of the people to be Itcurey'n rfieir persons, houses, papers andeft^ 5 ' a ? a, nll HD'fafoiiable searches and r,/l,r «. 'hall «ot be violated : and p warrants ftaW-.ffue hut on probable supported by oath or affirmation, and particularly p/„ cet io be fZtl DS £ ni thi "2' '0 be The immediai» 1 r 1 .1 j 1 following clause, viz. the 7th, declares, that no pe.r>,.. n.,™ held to anfvrer for a capital, or other wise infamous crime, unless on a present ment or indi&ment by a grand jury, ex cept in cales arillng in the land or naval fotces, or in the militia, when in a&ual service, in the time of war or public dan- The constitution of the United States is the laiu of the land, and on attentively perusing it, I cannot find a clause which, in a mod diflant manner, car, beconftru- Ed, even by the formidable holt of law- yers who compole the committee, so as to make it treason in any American's en- tering into the service of the French re- public, while that people are not enga ged in a war against America : for the 3d feftion and the lft article clearly, wfthout a poflibility of the words being explained away, or extorted to any other meaning, fays, " Treason against the United States, (hall consist only in levying war againlt them, or in adhering to their enemies, giving them aid and comfc* !" The warrant by which I have been treated as aJlave has not accufcd me of j; many of the 4d in ;a ttate of ' ' U and tiir.ore, catcc belonging tf: 1> 1 fcampfon, ifh ~; . '* j t i board his I'r—.ted at :ud various themldves ,„ the iervice Kt to Lis JitpmHc, and to mwch out ( j, j n der officers appointed and'ci ~/J by the minister of the French-, i n Dot* this ast coniliiute treason ? of cai °f the land it cannot; but by theWo is, itrthe eyes of those who think fan is infallibility in others as well ?» the Pop(*. B„t let us refer to the f ?.to oinntll ience >r infallibility, he may dtt-cwer defefls n tic conltitu'itin yet in this cafe | )c can ouJ>, or either of ikem. ly then, no article of the law of the Whi'bUt my joining the armies of ce, I was at liberty fa to do, not- Ending the proclamation of the rc dent : for he had no power to re- Ira i my political liberty. But when )(I T '*fa ar misused, as, uponthe flight- Jrounds, to attack the freedom and fieTfi and property' of ihc clf s fill time to examine the government •ve lve under ; as a fretman I will do it, andas a just man 1 will neither lcilen nor m Inept efent. t am accused, among others, of being cocerned in levying and arming the cit iz4s to march out of the (la e, and to entir the service of the French Republic ; am the accusation has been supported witn the oath of one : it goes on with de- that the armament, under myfclf, is intended against some of the Spauilb iflaidt belonging to the King of Spain— No mention of levying war againU this ftatr, or any other of the union. I have said that col. Hampton took my body into custody, under the bench warrant on Saturday the 7th inft. and when he was to ast underthecommittee's warrant, his urbanity prompted him toi ?ropofe my fending for an intimateiand, onfidential friend, who fhoujd fearOT my papers fortreafonablecorrefpondence. I declined at firft, but on the c3Tonel's faying it would be, in every stage of the business, more fatisfaftory to him, capt. T. Hall, and act/ or f pe.r u „ a atttnd ; n J went m search of him, kn M cane about 1 1 o'clock at night/ ¥ after a search took place, wh*»c ny* pers lay expoled, or where d/"f. rS ' trunks and boxes were found, v 7 we e not fecuied by locks. Ai»» in public service. w l,o. w ! s countrywasinvadedbyßritidi t " 1 . ,r, y» ,n :or.fequence of the rank he . army of these United St?' ?I . e P'" _ deit of c»irtffpondencics A P" v ate life Tor forty years back, : but ' e n pofieflinn of many p# ,crs - _ * ' le ' luur if two o'clock in t* morning came ; h«progrefs made fu>all. 1 law he difficulty attep l " t^ e mdcavored to reU rn tbe civility and po itenefs with wVich the fhc-riff acted, by >ropofing feali to be placed on the lockt in 1 drawers of my deflt, and pledgrnii nj honor that I would not in anywif irc information to any one, or feciet my papers, and that a bed fkonld be pi< lared for the Ihctiff, that whsn da' Tuesday, January 7, j lanJ Fial wit) ( .\T'n" ym and naV- iidng drmiriehd bV *>r& fifth i.f the members prefect. i'hofe who voted in the afiifmative m*;' Theot'ohjs Bailey, Abraham Baldwin, John Beatty, T hos. Bltfurit, Thos. I'. Carucs, Gabriel ChriiHe, Abniiiam Clarke. I aac Coles, Win. Jolinfou Dawfort, lieti ry Dearborn, Geo. Dent, Wm. I'indley, W. B. Giles, Christ. Greenup, Andrew Wm. Barry Grove, Carter B. Harrifon, John Heath, Danl. Heifter, Wm. Irvine, RichJ. B. Lee, Matthew Locke, Natlm. Macon, James Madison, jefeph M'Dowell, Aic*- ,\\jru-s r.,-.- .... 3 ' J AW 'g-ht lcturned the search IhoM be con tiam.bcr for tlvc remainder < f the, wight. This being agreed to, Mr. Haft, as •'f'k of the ft-fliuri, placcd the official on tlir df(k and diawers, and at ism' 'Hock left my houfeand fclfin t!ie p t'- elfion and care of the flierifF. At t-n ) clock Sunday morning caj>t. Haii re timed the search. Having th,u|u>^ ecured bv lock*, he then broke the frals It had placed on my dt/fc, and demand fd my keys : theft I perenprv m'l\ refufer! odeliver, or serving that, if they <(>■■■ iffice, th ( v might force my locks, but I vas deft riiniied not to pn>diice a key.—- Accordingly my locks w«re forced, my )apers examined with th' eve us fc->:if i- IV, and not a paper nor a fcH'.euce cunld « found that could tend to support the - '*rge wh;ch had occasioned tl.is want. / "ta\;k upon the privileges and imir.Ui.Ui.a >f a titizen. T have already set f rth in the wards of warrant fotn fhr committee of ,h* honfe, :he chat errs which were laid me. 1 have fern: utatlfly exanrtned thr law of he land, and the law of this (U-e, and laVe, together with my accusations, pla ced them before my fellow citiz • .. . to the conftituttoa of il.ij Ihte, the 9th art. declare?/ "No ft tetiun of the llutc shall he taken, nr ttnonfoned, or difieized ~f his f,.»e hold, hbem'en or privileges, or outlawed, orext.cd, or in any manner destroyed, or deprived of bis life, libers 0, propet ty, lH by the judgment of )<•* pi era, or By thejaw of the Uj )<>n fllr n'drnce of o>" r7 ""- "'ho has not tleiht/ bTI si f""" °S W im ncia out as a trairor to my cn' ind treated with ail the rigour jerfecutions under the mofl arbijl® 'eminent. Upon the evidenf'*' a>vsof the land, and the pis 88 jf this (late, the act imputf 1 er6 - ireafonable, is not merit/* 1 " 0 a Fore that a3 cannot be cr :ritnc, becanfe no e xiltii" rllo " n,< '^ t one". But allowing ■frrelid-ut's ;o mijpri/icn, by adrri^" ivc ' o! ' J ' :v < irocfamaJinno have b* n 'he law was in eftabi;filing to co«|pL the silent, yet the ftJnary evidence whichiwch, that nothing the aggrefWu'of a despot was vr .11 • short of the ( ting. Aereafter attempt to call Shall tA of liberty, when neither Ameridfir locks, or other Ceenvity, chara/f'etofore held sacred, can pto howcitizen from tlie rigorous search teft'-chamber warrant ? Snppofe, tor 1 Ament, I waa seen at the head of one KHifand, or even ten thousand me t, all itizens, and all equally free to go wheie hey plcaC.d, as I supposed myfelf to be ll one time, and that we were jud ftep pincr out of the limits of this ilate. pt<>- grtfiing to a conntiy, 110 matter whether in or out of the limits of the United Staus : eould it be conftrtied again!! the laws of this country, when the preamble to every constitution puffed in America declares that nil men are free ? I am no free to commit murder ; lam not ft ee t< m?ke depredations upon any in.'> vu'• t:- of the United States : but ctrtainly am free to quit tliefe states Mia /pl'ij to go ivhtre /pfeetf, or 1 o 1 mote a iiavt to tytanny now,than i wus twcn.y years a^o. Ci V. / ? C. If then tliis political freedom is poflef fed by the citizens of America, art! it has been declared to be their inherent right by the general voirt nf: the prepk, wh.it alfumption of power must it be, when a set of individuals (hill attempt to invade or in anv shape diminifhlbat vijrht. Americans, it becomes your cause rame immediately than mine ; every indignity which I have been made to fiifK-r, I have t