F m the Baltimore Daily Advertiser.
Mr. Editor,
Some of the proceedings of t he Grand
Jury of th's county having excited the [
general attention for some days past, •
they tUink it nfceflary, for the fxtisiac- >
tiou of 'Our fellow citizens, to publish j
the following preferments, m !e by
them, together with the Chief Juilice's
reply to and remarks on the fafrie, that £
a just estimate my be formed of their •
conduit.
It is not to be prefutfled, that Grand j
Jurymen are civilians, nor evert deeply
versed in the laws or constitution ; but '
with piidr and ple-fure we remark that j
fev\* amo.tg us are so ignorant of either, J
aa not to know that every individual has j
by naUua! law, a right to complain of j
fell grievances ; and finely no one can, |
or at leali ought, to fay that a Grand j
Jr.'y does not pofTefs the fame right—
find we conceive it matters not where
thegrievar.ee originates, whether among
ourfelvcS, in the Executive of tiie state,
or even of the United States.—lf we
fee! it, w« can and ought to complain,
,;nd feck for rcdrefs in a constitutional
manner.
We deny being adtuated by any thing
felfifh or peifonal-in these presentments;
they have long been a subject of general
complaint, except the firft ; and even
in piefenting that", we did not take it
up hastily; nine days having elapsed
from the existence of the offence, (as
we did j and It ill do conceive it to be)
ahd the presentment only made when we
thought the Giand Jury was about to
be dijfttvarged. We <vJfjp irilclaim having
had tile molt distant intention of refledt
ing on the AJjociate Judges of the Ge
neral Court ; nor can we conceive how
anv part of U ur piefeutment can be tor
tured into such conftruition—and final
ly, we submit to the Supreme Tri
bunal of the public, our whole con
duit in this bufiriefs.
Baltimore, 22d August, 1794.
PRESENTMENT of tlx GRAND
yunr.
August Term, 1794.
The grand inquest for the body of
Baltimore county, do, upon theii oaths,
present hs grievances—-
I ft. The insult offered to them in
ft pen court, by the Chief Judge, in cen
suring thfijaherifF "for having summon
ed so bad a Jury." Jullice to our fel
low-citizens requires that we should fo
ieinnly protest against such arrogance of
office.—Tt> pals it unnoticed, although
immaterial to our own individual justifi
cation, might be considered hereafter
by Judges equally vindictive and tyran
nical, as a until the frequen
cy of the offence, would tnake men of
feeling and reputation, extremely averse
to the difebarging of this important du
ty.
2d. The arrangement in the judicial
department* which constitutes the fame
person Chief Judge of the General
Court, and Chief Judge of the Criminal
Courtfor Baltimore county, in violation
of the 30th article of our Bill of Rights,
which declares, " that no Chancellor or
Judge to hold any other office
civil or military, or receive perquisites
of any kind," and of the £2d article,
which declates, " that no person ought
to hold, at ttte fame time, more than
one office of profit." In conleqfaence
of this arrangement, the benefit of ap
peal is greatly diminished, and may in
certain cafe 3 be nearly destroyed.—A
Chief Judge mult, from hisftation, and
tnayj from peculiar circumstances, at
tain a powful afcendeney over his bre
thren upon the bench should he happen
to be tenacious of his opinions, felf-im
portant, and felf-fufficient, as the paffi-
Ons of the man must ever tincture the
proceedings of the officer, he will not
fail to life every mean in his power, for
prejudicing the AfTociate Judges in fa
vor of his adjudications in the court be
low, although personally withdrawn—
for the appearance of common decency
forbids', that the Magiltrate who pre
cided when the sentence appealed from
was passed, should also preside when the
appeal was heard—still the influence of
liis previous management may remain to
bh'nd, to bias, and mislead. The ar
rangement is faulty in another view—
By appointing a certain number of
Judges to hold courts, though the pre
sence of all be not eflential, it is never
theless neceflary and delirab'e ; various
occurrences may prevent a full court at
different times : when this does happen,
it is accounted an inconvenience, and
disadvantage incident to tlip nature of
things and incapable of remedy ; but it
is extremely incongruous a'nd absurd, by
a deliberate system to create the incon
venience and disadvantage in all causes,
brought by appeal from the Inferior to
the Superior Court.
These grievances appearing to our ap
prehensions Imely great, of dangerous
tendency and deltru&ive operation,
we tht grauu jury aforefaid, do upon
our oath present Samuel Chafe, Esq.
for abuie of >power, in daring to cen
■ sure the Sheriff for not summoning a
; Jury to his approbation. We present
; t!ie Executive of the (late of Mary
j land, for appointing Samuel Chafe,
{ Chief Justice of tlie General Court, to i
the office of Judge, for the Court of.
Oyer and Terminer and General Goal;
i Delivery, for Baltimore county—and ;
[ we alio present the said Samuel Chafe, i
! for acceptingof those two appointments, J
! in violation of the 30th and 32 el arti-!
i cles of the Hill of Rights. j
! IV. M'Creery, Foreman, Hans CreeQy, j
! 'f.A. Buchanan, Cumb. Dugan, •
S John Rofs, Jofixa Miles »
' Andrew Robinfcn, /I'm. Van Wyck i
\ Henry Wit/on, Robert Stewart
j Robert Porter, J.ManiAirring '
j L. tajfauli, Wii/ium Hall.
THE CHIEF JUDGE'S REPLY.
Gentlemen of the Grand 'Jury,
On yesterday you delivered to the
court, a paper in which you present as
GRIEVANCES,
I ft. The insult offered to the Jury in
open court, by the Chief Justice, in
censuring the -Sheriff for having sum
moned so bad a Jury.
2d. The arrangement in the judicial
department, which constitutes the fame
person Chief Judge of the General
Court, and Chief Judge of the Crimi
nal Court for Baltimore county, in vio
lation of the 30th and 3 2d articles of
the Bill of Rights. 111 this paper you
present me for abuse of power, in dar
ing to censure the Sheriff, for not-firm
moning a jury to my approbation ; and
you present the Executive of the
state of Maryland, for appointing me
(being Chief Jpftice of the General
Court) tothe office of Chief Judge
for the Court of Oyer and Terminer
and' General Gaol Delivery, for Bait i
moie county; and you also present me
for accepting of these two appoint
ments, in violation of the 30th and 32d
article* of the Bill of Rights.
You have, gentlertien, by law, a
power to present all crimes and offences
againfl the laws, committed within the
county ; but you usurp power when
you present any offence net committed in
tl is county ; and you also usurp power
when you present any conduit of a
| private citizen, or of a Judge, and
' much more of the Executive of this
state as a grievance. If any person has
. committed a breach of the laws, it is
your duty to present it, but mifcondu£t
of a judge in his office, though con
. trary to law, unless he a its at the fame
" time corruptly, is not within your ju
rifdidtion. The mifconduft of the Ex
ecutive of this state in appointments to
office, is also not within your jurifdic
[ didtion, and it is a manifeft infringe
■ ment of the constitution and laws of
[ this state, for you to interpose, and to
1 pass your opinion on the conduit of a
Judge,, unless flowing from corruption;
, or any conduct of the executive. These
fubjeets are not entrusted to you by our
; couftitution, or laws. If you were ac
-1 quainted with the constitution under
, which you live, you would know
that the House of Delegates is the only
1 legal tribunal, in this government, to
■ enquire into grievances. You present
as an insult to yourselves, " that in open
1 court I eenfured the Sheriff for having
summoned so bad a jury," and you pro.
| test against it as an arrogance of office.
. You. - calling my censure of the Sheriff
. (exprefTed in any terms) an insult on
1 your body, will not make it so, and
. your assertion that my censure flowed
. from arrogance of office will not piove
: me to pofTes such a difpoGtion of mind.
I Gentlemen, I shall not conceal what
r passed between me and the Sheriff.
On reading thepannelof the Grand
. Jury, I observed to the Sheriff that a
. more indifferent Grand Jury had not
f been returned for two years; that it
. was his duty to return a pannel of the
! best and most capable men in the coun
: ty for the Grand Jury; that if I was
f Sole judge I should fine him. I also
j observed to the Sheriff, that he had re
. turned a gentleman who had encou
. raged the late riots. The Sheriff de
f elated that he did not know it. I ap
. peal to my afTociates whether I have
stated the facts.
s If lam corredt your informant is mis
t taken, but, gentlemen, " If I had cenfur
eil the Sheriff for having summoned so bad
' a Jury yet this is the firft initance of a
presentment, by any Grand Jury, for an
f insult to any one ; and it would seem that
t delicacy would point out the impropriety
Y of judging in their own cafe. But, gentle
men, the court in virtue of their office of
Judges, have a power not only to censure,
' but to find a Sheriff for not returning such
0 a pannel of a Graiid or Petit Jurymen, as
they ap rove. As one of the court, I have
'- this power, and it is my duty to exercise
aa opinion, whther the Sheriff has return
ed the belt and noifc capable men in ie
county prefeivt Granc Jury*
By a. good juryis always meant.a Jury
knowledge ar, experience in the business
entrufied to tiem :by a bad J ur > 18 071 J
meant the w/nt offufficient knowledge and
expeit ncc. . , . , r
The powe-of the court is derived from
the commouaw, and is recognised in a
the laws tbatpiave paffedfor the el abLla
ment of ihi. court, except the lalt, in
which the chufe appears evidently to have
been omittei by neglect in mailing the
copy. Yon have also, gentlemen, pre
sented me for abuse of power, in daring
to cenfnre tl»i Sheriff for notfummoning a
Jury to mv approbation. If by law I
have a rigJj'. not only to censure but tojjne
tlie Sheriff for returning a Jury which I dii
approve ; .yow have greatly erred in judg
ment, by calling this legal exercifc of opini
on an abuse OF POWER. An aflertion
that power is abased, is au ad-mi {lion that
the power exists, but that it is exercised to
such an exepfs as to become an abuse of it.
If I have fche power, you are not the judg
es whether I have abused it, and notwith
fhniling your opinion it will remain unde
cided, whether I have abused my power
or not. A Judge in exercifwg his legal
difcrction is only answerable to God and
his confcicnce, and is above all human tri
bunals, unlefshe acts from corrupt motives.
I fhu.ll dare to do my duty as my judg
ment directs. Your indecency of language
and illiberal rerledlions, not only oil iny
felf but on the two other judges of thegener
al court, I fliall not notice, but only remark
that such conduit highly unbecomes the
candor, the temper, and moderation that
every Grand Jury ffiould afl'ume, even if
they did not pofTefs thole qualifications. —
You, gentlemen, have undertaken to pre
lent the Executive of this state for appoint
ing me, being Chief juflice of the Gene
ral Court to the office of the Chief Judge of
this court —By the constitution of this itate
(48th feition) ihe Governor and the Coun
cil are authorile appoint all Judges and
I and ri.cv f, 11 k! Ny oatTi to
vote for Jmtj ptrL-n as in their jndgment
and conscience they believe most fit and
belt »ualified for such office. By the con
llitutmn, therefore, the Governor and
Council areinade the judgesof the person
to be appointed Chief Justice of this court;
and this power has been exercised twice by
two different Executives in my appoint
(ikm ; but you set up your!elves as Judges
of theconititiii o.;iriity of the appointment,
and present tk : Governor and Council for
violating <the «::."itutioii—by thL conduit
you have set yc ii lves up above (he Ex
ecutive, and p 'vkimed to censure the con
duit of your fnperiors. Party ha 6 already
and will probibly hereafter give this the
fame ConftruA-.oti y u have done to the
' Bill of Rights, but as you have no right to
I give any opinion upon the fubjeit, it will
j have no influence n the decision of the Ex
• ecutive. 'You gentlemen, have presented
I me for-' accepting the office of Chief-Judge
i of this court, as I am Chief-Judge of the
i Genera! Court. If my acceptance of the
I office is an offence, I Aral' readily submit
to the decision of the law, and for this
part of your prefentmenti gentlemen, I
take no offence —It was your duty if
you in your cortfcience considered it an of
fence —but it cannot escape observation
that no other Grand-Jury have been of the
fame opinion with you, and the prefer
ments seemed conneited with (but I will
not believe that it flowed from) a suppos
ed inftilt to yourfelve6.—You all know,
Gentlemen, that the Chancellor holds the
office of Judge of the Land-office, and that
too with the repeated approbation of our le
giflature;—You,willgentlemen,continue to
do your duty, and I shall persevere in mine,
and you may be assured that no mistaken
opinion of yours —or resentment against me
will prevent my having refpeit for you as
a Body.
Foreign Intelligence.
FROM HAMBURGH PAPERS.
THORN, June 14.
According to louae accounts, Cracow
has surrendered to the Prussians, and
4000 Polish troops were taken prisoners.
From a letter from Warsaw, June 24.
The citizens have requested from the
National Council, an account of the
battle of the 6th ; but did not obtain
it. This gives naturally reason to sup
pose that the lame has been against us.
The Ruffians are advancing from all
quarters, and thp confederate army is
retreating. Every one seems to lose
courage at these unfortunate incidents ;
and our molt spirited patriots begin to
have very fetious thoughts—Just now it
is reported, that 10,000 Ruffians under
Gen. Dcrfeldt have passed the River
Szug, and defeated the Polish army
near Dubieuka; it is even said, that
they are already at Lublin, about 36 or
46 miles the other fide the Weichfel—
They deceive the people by the molt re
diculous accounts, and try to keep them
spirits by tlte inoft barefaced wife
hoods, of advantages obtained, of re
sources, and foreign connections.
VIENNA, June 18.
The Prince of Kaunitz lies without
hope, and has already received the lalt
urfftion.
The accounts from the array in Italy
arc every day more favorable ; on the
frontiers of Lumbafdy they ate without
r
any apprehension and even at Tunc tliey
have recovered of their panic.
Count Kaunitz of the atmy in'the
Netherlands has given in his resignation.
General Mack set out on his return
from the Netherlands, two days before
the Emperor
In Turin upwards of 2000 persons
have been arretted as being concerned in
the la.fl conspiracy. Four battalions of
infantry and two of cavalry* of the Im
perialists are there already, and more
are expected.
GENOA, June 14.
On the arrival of a veflel from Baflia
an extraordinary council of Hate was
called, which fat from 2 o'clock till 9
o'clock next morning. We have since
heard, that the Corficans have formally
declared war again (I our Republic, and
have charged us with not keeping the
treaties, but adting contrary to them.
This declaration of war is said to be
signed by the famous Paoli, as the Com
mander in Chief of the Coriican marine
and land foices. This news has occafi
oped here a great deal of confirmation;
and forebodes the molt melancholy con
sequences for our commerce, to which
add, that the English keeps our ports
blocked up. Iu the mean while prepa
rations are made to defend our two ri
vers.*
LIEGE, June 25.
Letters which deserve credit, mention
that the French National Convention
have demanded 25,000 men, from the
army of the North, in order to march
into the interior of France. This
accounts seem to be some confirmation
of the reports that the_ royalists had
gorrxd-ftsmc advantages in .La^Vfndee.
VIENNA, June 18.
According to a general report, a
great plot has been discovered in Trieft,
the object of which was nothing less
than the deltruftion of the harbour. ,
The conspirators are said to be mostly !
Italians Dr Greeks ; who have been >
purchased with great sums of money by j
French emiffariesfor that horrid purpose. i
A great number of persons of different I
classes have been aLeady an efted, and
on this occasion such an immense quan
tity of powder has been found in the
lower hold of a foreign veflel, as would
have been fufficient to blow up not only
all the veflels in the harbour, but the
city itfelt
WARSAW, June 21.
Kofciufko notwithstanding his d#feat, 1
speaks in a very high tone. In a cir
cular letter whirl, the iuprcTiif council
have issued on the 12th, by his orders,
it is said that the Poles will proceed
1 now no longer on the defenfiive, but
mean to aft offenfitely, and Kofciufko
i promises therein Liberty to all the Prus
sians and Ruffian prisoners, provid
, ed the inftirgents can penetrate into 1
■ these provinces, and provided likewise
that these foreign provinces are fond of
Palonion Liberty. The insurgents can
' not maintain their ground against the
| Ruffians, tho' they fight with great ob
. ftinacy and rage. General Zajoszeck
i gave an instance thereof on the Bth,
near Chelm.
ROME, June 14.
Several fufpe&ed persons have been
arretted here again ; and a Piedmontefe
has been sent to the Anogel Castle,
daily new signs of Jacobin influence are
discovered. Posterity will hardly be
' lieve it that Mendicant Monks _and ma-
I ny fccular Priests of the lower order
. were fcme of the main springs of the
proposed Revolution in the Italian
States ; according to the French fafhion,
' in their confeffionals they preached to
; the people infidelity, and contempt of
' Religion and of Government; but for
- timvtely for the States all has been dif
• covered.
1 "
J [Tranflatcd foi the General Adver
ti'fer.}
»
HAMBURGH, July 2.
The French have sent the magistracy
. of Ypres to the Austrian camp.
r The centre of our army is at Cateau
. in the Cambrefis.
July 5.
The progress which the French fiave
" made in Flanders as well as on the Sam
-1 bre, has induced the Minister Plenipo
" tentiary of the Netherlands, Count
• Metternich, to write to the Belgian
Hates on the 23d ult.- requcfting them
to cause a general arming, owing to the
deplorable situation of affairs Which ex
t poses the whole country.
t It is feared the Prussians expedted
from the Rhine will not speedily ar
r Hvc.
: The flight of the inhabitants from
t Flanders and the Austrian Netherlands
hns continued for some time and rww
proceeds with encreafed activity. They
aie also removing the valuables into Hol
land with vail expedition.
Since the progref* of the French in
the Netherlands, the patriots in differ
ent cities appear of a mind to make
some stir ; in the present state of the ar
mies any open attempt at infiirre&ion
might be attended with difagrtrcable cir.
cumtlances.
The cause of the flow progrefs v of
the French into Piedmont has been
want of provisions.
BRUSSELS, June 26.
The troops ordered to evacuate Va
lenciense?, Conde, Quefnoy and Larv
drecies have orders to join the army on
the Sambre with all expedition.
As soon as 2000 Auftrians had ar
rived at Turin the execution of the con
spirators began.
TREVES, Jupc 25.
Every thing is in motion here on ac
count of the intelligence, that the
French have advanced in three columns
formed a camp of 20,000 men near
,Longwi. The Frcnch are reinforcing
these parts daily from the army of the
Rhine, whence their soldiers arrive ia
waggons.
Upon this intelligence the few troops
we had here went off to Merzig. We
have lent a courier to General Melas
who commands in the Luxembourg and
is now at Arlon to come here with his
corps. CountJCalkreuth has his head
quarters at Oitweiller.
On the Vistula, June 26.
Th*Poiifti -Lieut, tien. JafihTßT, hasif
fued a proclamation to the people of
Lithuani a which contains the follow
ing sentiment.
" Citizens,
" The earth on which we live cannot
!be taken from us by the enemy. They
; may burn your thatched dwellings and
' rob you of your goods j but soon will
' the booty you will get from the enemy
| enable you to build more comfortable
I hovifes, and you may live more happily
when the land is freed by your valour.
Then, citizens, let us attack the enemy
in their own country and treat them as
; they have treated us ; (howing however
j mercy to those who hkve not injured
] you, revenging your wrong-s on those
. who have fought your ruin by the mod
I unwarrantable excesses. Let us be con. •
i fident ill our ftTcirgth > 4jat that
, ftruiigth mull be exerted and our cirnrrtry
! calls upon us for a desperate effort."
' The Ruffian Gen. Derfelt has taken
Lublin, Kofciulko has called in all his
small corps to the main body, to render
his plan of defence more certain.
PARIS, June 23.
David has been directed by the con
vention to give a description of a new
national drels. 1
It is generally believed, that the Swe
dilh dress will be nearly his model, —
that it will conliil in a tight pantaloon,
(hort waist coat and Spamih cloak.
The order which had been given that
the poll-horses throughout the Repub
lic (hould only be used by deputies sent
on public bufmefs, besides carrying the
mails has been repealed.
Of the 17,000 men detached from
the ariny of the North last year to quell
the insurgents in La Vendee not more
than 500 now remain.
The cavalry and artillery of the roy
alists are as well equipped as any regular
troops. The former regiment of Roy
al Allemand and the huffat regiment of
Emigrants are among them. Santerre
in his retreat from Saumur has let can
non fall into their hands.
From Jersey and Guernsey the royal
ists receive provisions and ammunition,
they are landed during the night or un
der cover of fogs.
Robert Lindet one of the membei s
of the committee of fafety is indefati
gable in the discharge of his duty.
The members of the convention iu
general have very little to do,- but give
to what is propoied by the
committee of fafety, they art always to
be found in the play houses and fueh
places.
Cambon who had proposed a per
sonal tax in lieu ot some other is now
himfelf out of conceit with the plan &
is quiet owing to the bad reception it
met tvith.
The popular commifilon continues its
searches and a great many people are dai
ly confined ; few are seen to return hav- .
ing once been in their hands.
The municipality of Clufe, in the
department of Montblanc have sent to
the commune of Paris, is a present 7y
hundred weight of cheese, which has
been distributed among the oti/.erfe iji
pieces of a quarter of a pound.
The journeymen of feveisl mechanic