Gazette of the United-States. (New-York [N.Y.]) 1789-1793, September 02, 1789, Page 163, Image 3

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    f I the weigut of tiie whole community. A government
"V h av make, but not enforce laws, cannot lad long, nor do
hood By this power too, the people are gainers. The ad
mUCnLinn of iuftice is the very performance of the social bargain
"he nart of government. It is the rtward of their toils—the
"" • alent for what they surrender. They have to plartt, to water.
e(^ UIV ire the tree, and this is the fruit of it. The argument there
to man j s ft rf) ng againit the motion, for while it weakens
vernme'rtt it defrauds the people. We live in a time of in
t on - but until miracles (ball become more common than or
jo'3 v events, and surprize us less than the usual course of nature.
I(3think 'it a wonderful felicity of invention to propose the
dient of hiring out our judicial power, and employing courts
eXP amenable to our laws, indead of indituting them ourselves as
Iheconftitution requires. We might as'properly negociate and
fl"»n over our legidative as our judicial power ; and it is not more
ft"!n"e to get the laws made for this body than after their palTage
""(them inteipreted and executed by those, whom we do not
10 "onit and cannot controul. The field of debate is wide. Th'
for'confideration has been so ample, and that remaining for
j'bate is lo short, that I will not enter fully into it. The gentle
"an from South-Carolina (Mr. Smith) has very ably proved the
m spec Jicncy of the motion. I will confine myfelt to another
point and'' ' can edablilh it, it will narrow the difcuflion.
Xhe branches of the judicial power of the United States, are, the
dmiralty jurifdlftion, the criminal jurifdi&ion, cognizance of
'crtain common Jaw caul'cs, and of such as may be given by the
Statutes of Congress. The Conftitution,and the laws made in pur
suance of it, are the supreme law of the land. They prescribe a
nileof a&ionfor individuals. If it is disputed whether an a£t
done is right or wrong, reference mud be had to this rule ; anc
het'ner the attion is compared with the rule of action ma State or
federal court, it is equally out of the power of the judges to fay
that is wrong, and wrong right :If a man is retrained or
bis liberty and sues in a State court, the defendant lliews, that he
was a marlhal and served a precept according to a law of the Uni
ted States, he mud be cleared ; otherwise the law of the Unitec
Sates would not be the supreme law of the land. But there is a
{übftantial difference between the jurifditlion of the court, andtti'
juiesof decision.
Inthe latter cafe, the court has only to enquire into the facts and
tbc rales of action prescribed to individuals : In the former, the)
donol enquire how, but what they may try. The jurifdiflion o
the court is the depofitum of a trud. The supreme power in a ftati
is the fountain ofjudice. Such dreams are derived from this foun
tains the courts, as the legislature may positively enaO. The
jud/es as servants of the public, can do that only for which they
are employed. The conditution has provided how this trust (hall
fee defeated. The judges mud be named by their christian and
lir names, commidioned during good behavior, and have salaries
Caufesof exclusive federal cognizance cannot be th. d otherwise,
nor can the judicial power of the United States be otherwise excr
citcd. The date courts are not fujipofed to be deprived, by the
cenftitution, of the jurifdiftion which they cxercifed before over
many causes which maybe tried now in the national courts. The
fears will have their choice of courts. But who (hall try a
crime .against a law of the United States, or a new created action ?
Here a 'urifcH&ion is made de novo. A trull is to be exercised, and
this can be done only byperfons appointed as judges inthe man
ner before mentioned : The will of the society is exprefTed and
isdifobeved, and who (hall interpret and enforce that will, bul
the persons inveded with authority from the fame society ? The
Statt judges arc to judge according to the law of the State, and the
commonbw. The law of the United States is a rule to thcmbui
not an authority for them. It controuls their decisions, but can
not enlargetheir powers. Suppose an attion brought on a datutt
declaring a forfeiture equal to the whole of the gyods againd him
whofhall unlade without a permit: Before the law was made, no
courthad jurifdiftion. Can a State court fudain such an a£bon i
Theymayas properly assume admiralty jnrifdiftion, or fudain
actions for forfeitures of the British revenue a£ls. I mean no dif
rtfpeftto the State courts. In some of the States I knowthe judges
are highly worthy of trud ;they are fafeguards to government,and
ornaments of human nature. But whencc would they get the
power of trying the supposed aflion ? The States under whom
they ast, and to whom alone they are amenable never had any
such power to give, and this government never gave them any.
We may command individuals : But what right have we to re
quire the servants of the States to serve us. Nay, Sir, it is not on
ly true that they cannot decide this canfe, if we ncgleft to make
provision by creating proper tribunals for the decision, but they
will not beauthorifed to do it even if we pals an ast declaring that
they (hall be inverted with power : For they mud be individual
ly commidioned and falaricd to have it conditionally, and then
they will not have it as the States, judges. If we may empower
one State court, fuppnfe the supreme court, we may empower a 11,
or any, even the judiccs of the peace. This will appear more
nonfir us, if we consider the trial of crimes. A datute creates an
"fence. Shall any judice of the peace be directed to summon a
jurytotrv lor treason or piracy ? It is true the government will
noidireft a thing so wickedly absurd to be don 1 * But who
will believe government may lawfully do it ? It would be tedious
topurfucthis fubjeft, or even the ideas conncfled with it very far.
Thenature of the fubjeft renders it difficult to be oven perspicuous
withont being prolix. My with is to edablilh this conclusion,
that offences againd datutes of the United States, and ac tions the
cognizance whereof is created de novo, are exclusively of federal
jwifdiftion ; that no persons can ast as judges to try them, except
Masmay be commidioned agreeably to the conditutions. That
'or the trial of such offences and causes tribunals mud be
"fated. Thefewith the admiralty jurifdiftion which it is agreed
moll be provided for,conditute the principal powers of the d idrifl
[ o«tts If we mud pay judges, we may as well employ them.
The remnants of.'jurisdiction which may be taken away,are fcarce
•y worth transfering to the State courts,»nd may as well be exercis
ed by our own.
Several other gentlemen spake ; but thecommittee rose withoul
coming to a vote upon the motion, and the house adjourned.
(This debate to be continved.)
The encoded bill to suspend the operation of a clause in the
collection law was read a third time.
Mr. Bland informedthe house that the towns of Petersburg
a nd Richmond laboured under the fame difficulties, and had fi
mlar grievances to complainof, with the inhabitants of George
town and Alexandria—he moved therefore that this bill should
De re-committed for the purpofc of adding a clause to relieve those
Paces. It was accordingly voted that the bill be re-committed
s committee of the whole.
A memorial from Hoc.h Williamson, in behalf of the
'°™S intercft of North-Carolina, reprelenting the hardships
at date TufFers, by reason of the alien tonnage duty being levied
°pon their vessels in the dates under the new government.
this memorial with that from the commanders of the packets
ram Rhode-Island and Providence, were refered to a committee
01 'he whole house.
haif 10 comm,u ee appointed for the purpofc, reported that th(*y
I ~d the enrolled bill for regidering vefi'els, and to regu
ih»' !L coa^'n gtrade—and found the fame correct. The speaker
n a .ixcd his signature to the fame.
of the whole, upon the bill for cftablifhing ju
j n C r °j lts ~~Mr. Boudinot in the chair—the third fettion un
after"° n , , ra^0n * The debate was very long this day; and
f j u3 0 c ' oc k the motion for ftrikinir out the clause was negativ
" a large majority. Adjourned.
A mo (luge from the senate with a bill provid
ing for the punifliment of certain crimes. Also
the bill for allowing compensations to the mem
bers of the house and senate, and their repetit
ive officers ; in which the senate has concurred,
with amendments.
Upon motion, the report of the committee of
elections, on the eledion of members for the
(fate of New-Terfey, was taken up for a second
rhis brought on a variety of observations and
proportions ; but 110 determinate principle of
discussing the fubjedt being readily agreed to,
and several motions being made and withdrawn,
Mr. Vi n 1 n g proposed, in fubltance, the follow
ing resolution : viz- Resolved, That the fails
reported by the committee of eleiftions, and the
documents therein refered to, refpetfting the e
iedlion of the members from the state of New-
Jersey, are not fufficient to support the prayer
of the petition for fettihg aside said election.
Several members spake upon the proportion ;
but an adjournment L"ing called for prevented a
European Accounts, by the late arrivals.
The debates on the intended motion for the
abolition of the slave trade, promise to be of the
nioft interesting kind. The report of the Privy
Council, which has been printed for the use of
the members of the House of Commons, is the
molt voluminous ever seen, if we except the re
port some years ago on India affairs. It is a ve
ry large folio closely pi inted, and nearly one
fourth of it tables of calculations. The pains,
however, that has been taken, correspond with
the great importance of the fubje«ft—too impor
tant to be hurried by a niiftaken humanity, ex
cited by the recital of fa(fts either ill founded, or
long ago done away.
Hermanstandt, May 20. One of our spies
has had the address to procure a paflport from
Prince Moutor Jeni, by means thereof he had an
opportunity of traversing the whole of Wal
lacliia. According to his report there are 40,000
Turks and Tartars in the neighborhood of Grind,
onthelhore of Jalomiza.
Bud a, May 30. On the yth inft. three divi
sions of the Huflars of Graven arrived at the
camp between Carllladt and Thurn ; they were
the next dayfollowed by a battalion of Colonel de
Nadelty. The 9th, two other divisions of the
GrtEven Huflars joined the camp—the centinels
extend as far as Saluin and Rakovifa. There are
fifty pieces of cannon in the village of Schweza.
Frankfort, June 9. Themain body of the
Pruflian army is exceedingly numerous : Its
right wing coders Seliftria, audits left extends as
farasOrfova. It is estimated that the Turkish in
fantry amount to 169,000 men, and the cavalry
The grand Ottoman army assembled near
Widin, appears disposed to enter Wallachia,
Paris, June 25. The Nationalafiemblycon
tinue their fittings sometimes till three or four
in the morning.
Paris is full of alarms, joy,mifery and rejocings !
London, June 30. We may consider Bender
as now in the hands of the Ruffians. General
Kamineky, to whom the fiegeof it was commit
ed, has conduced it in such a manner, that it
was in his power to takepofleffion of it whenever
he pleased after the firft three weeks. But by a
lingular instance of felfdenial, he was resolved
to wait the arrival of Prince Potemkin, that he
might have the honour of completing the conquest
of this important fortrefs.
The Poles have a new cause of complaint a
gainst Russia. The Emprefshad promised them,
that no more of her troops should enter the terri
tory of the Republic ; and she even declined the
permission offered by the Diet to let 500 Ruifians
pass at a time through the territories of Poland,
lying between Russia and Turkey.
But notwithstanding this promise on the part of
the Empress, a whole army of Ruffians lately
marched through Polish Ukraine, to make head
against the Seraikier, who gives out that he is go
ing to cross the Danube to succour Bender, and
recover Ockzakow.
How this step of the Empress will be relished
by the Court of Berlin we know not; but we
fear that the consequence of this step will be felt
in Great Britain.
Extrafl of a letter from Abo, Sweden, May 29.
" Last night a courier palled through this
place 011 his way to Stockholm, from the frontiers
With the news of an adlion having taken place
between the Ruffians and the Swedes, in which
the former had 500 men killed on the spot, the
Swedes loft only 19. A bagage magazine belong
in"-to the Ruffians was burnt."
Saturday. Packet Jean Jacques, Lewis le Grand, Bourdeaux.
Bug Peggy, Mulboland, Bristol, 53 days.
Brig Bet fey, Sinclair, Hull, 49 days.
Sunday, Brig Princess Ann, Richardson, Aberdeen, 66 days.
Monday, Brig Commerce, Tyrie, Barcelona,
Tvefir'.. Schooncr Nancy, Tatem, St. Croix.
Monday 3-o'clock P. M. the Hon. Major Gen
eral Lincoln, the Hon. Cyrus Gain in,' and
Col. David Hump hre Ys,Comniiflioners Plenipo
tentiary from the United Stales for treating with
the southern nations of Indians, failed from this
city for Georgia.
Nontoweka a chief of the Cherokee nation is
a paflenger with the commiflioners.
Every movement in this business has been mark
ed with the nmlt decided promptitude and dis
patch. The billproviding lor the f'applies is short
and coinprehenlive.—as loon as it was compleat
ed the appointments were made. Two days con-
It ant and close application were given by the ,
President and Senate in conlering upon, and
arranging this important business.—Gen. Lin
coln received notice of his appointment on Tues
day evening of last week, and fat out the next
morning for this city—he arrived here late on
Saturday evening* and on Monday the commifli
oners failed. This is doing'bufinefs—thus is the
public service expedited, and the public money
saved by a wife, an indultrious, and patriotic Su
preme Executive.
The Most Hon. WilliamJFew, Senator of the
United States tookpaflage with the commiflion
ers for Georgia.
Of all the curfcs that can befall a free people
there is none pregnant with more fatal conse
quences than to have it become unpopular to sup
port the government and adminiitration which
the people have eltabliflied. Liberty, disgust
ed with so vile a principle, and finding no reft
for the sole of her foot among a restless fickle and
factious generation, takes her flight never to re
The old enemies of our federal honour and
happiness are reviving from that torpidity into
which they were chilled by the majesty of the
union, which led to the adoption of the new go
vernment. A few scouting ' parties have been
popping their short pieces at several minutiae of
Jie administration, jult by way of trial. Some
honest people have heard the distant whizzing,
and have supposed danger was near; but let
them be on their guard and prepare for more se
rious alarms. The overthrow of the constitution
is yet a darling object with many ; and if the ad
ministration can be enfeebled bv eflential restric
tions, or rendered odious by lies and defamation,
it will not be the fault ofJome persons, if we are
not dil'appointed of peace, law, freedom and
government, after all our exertions to feenre
them under the new constitution.
Extrail of a letter, from Frederickfburg, An git ft 29.
" Mrs. Washington, the Mother of our Pre
sident, died this afternoon."
From Norfolk, we learn that seven Sailors
have lately been apprehended there, charged
with having committed Piracy ! —The only Par
ticulars related, are—that they belonged to a
Veflel from Port-au-Prince bound to some Port
of America—rhat on their coming within Sight
of Land, they formed a Design to plunder the
Veflel, under a Supposition that there was a large
sum of Money on Board—that to effedi this, they
murdered the Captain, Mate, and Cook ; plunder
ed the Veflel of what Money they could find, funk
her, and came on Shore in the Boat. The Story
they related refpetfling the Veflel which they had
left, appearing rather suspicious, they were ap
prehended, and one of thein turned Evidence
against the rest—so that there is no Doubt of their
having commited the above inhuman acft.
A Li J I of His Most Christian Majesty's Ships now
lying at the Mouth of York River.
Ships' Names. Guns. Commanders.
L'llluftre, 74 Le Vicomte de Penteves
Gien, Chef d'Efcadre.
La Leopard, 74 Marquis de la Galilfionier.
L'Andromaclie, 40 M. Sufannot.
LaSenfible, 40 M. de Brache.
L'Aftive, 32 M. de Traverfac.
The above Squadron was to fail for Boston on
Thursday last.
" One mud sometimes bear the reproach of felfifhnefs, in order
to pay a debt, or to keep out of it : The cohtempt which attends
avarice, and the tendency of the present age to charity, and expen
sive living, render this difficult—Hence young persons are apt to
go to greater expence than they know they ought, and commit
one error, in order to avoid the imputation of another.
" Diftin£uifh between apparent and real approbation—between
that which is ill, and that which is well founded—between a tem
porary and a permanent one.
" The (hew of wealth and liberality procures apparent approba
tion : Outward refpeft and flattery, are the reward of ostentatious
entertainments, but indicate no solid refpeft : The wife disapprove
of excels in appearance, and fit uneasy at a feaft which they know
has cost more than the giver can afford.
" A reputation founded on conduct which we ourselves know
to be wrong, yields little fatisfa&ion but one that is well founded,
is always accompanied with felf-approbation : If it should be de
nied for a time, the consciousness of meriting it, and the hope of
justice, will more than ballance its temporaiy suspension.
" At death, a man'seharatter is fixed : Some have been account
d felfifh and contra&ed as long as they lived, and it appeared at
last that their object was not to hoard, -but to render to all their
due. " This should teach us to beware of imputing avarice to
those who in all probability are only laboring to be just.
" A person who tranfgrefles the bounds of economy to obtain
a character, loses it at death.—Acts of bencvolence with other
men's money, will leave a stigma upon the memory, which a sense
of injury will perpetuate from generation to generation."