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U November 21, 1777 Number 493r : O L IN A GAZETT E, With the lateft ADVICES, Foreign and Domestic. I. v;-r ,j.s. . . . . v : t h & ; T f) R V - , i - -1 ..... " i . I SEMPER PRO LIBERT ATE, ET BONQ PUBLICO; , . ! r - . . . . . JL JL JL JL A J. A jA..t.lkj?k.A.. - -vt ta r vt . ( -f " n hie nnni fhifTipn f J he rpner! lenie m mankind j tells me; ! letter rem Edmund Burki, cnt f tbt reprrent Mtives in .that, thofe 'offences which may poffibiyrife from miftakcH vir- pZLtnt ftr tie city 2?r, 7 John Fark W John Uue, arenot in the cU& of infimsu, anions. Lord Coke the raruameni r y y j ,ir.;. . nrar N nftKeRno Hi aw; conform to that general fenfe. wherd Harris, inquires, jfiertrrs or iai cujt v - "": i , il- i r.if u- u a i- . y3f . he fays, that ' thofejthings which are of the hihelt cnminah- r'Cr TtiutM I- h I r' " ty, may b of the leaft difgrace." iTheaAs prepares a fort of - ti WE the honour ot lending you tne iwoiaic acxi waicu "'"Hul-u "v;7""i'(H' rr Jn r-r":i T"6- " . - i rr-A .;.:.i. -i?fCtrnnW In America: ddm, and by flo means neceflary. for its fafety. I cannot enter Aj arc fimilar toailthcreft which have bsen mto it. If:Lojd Balmenno, 1 1 i the aft rebej ion,, had dnveu made on the fame fubjeft. They operate by the fame principle, and they are derived irom tn very lame po off the cattle of twenty clans J dalous and ;Jow juggle, utterly I ftiould have thouirht it a can- . t JrLiLL .. .it?. r r unwortny or ine maniineis or an !icV I think they complete the number of this fort of engltm judicature, to have tried him for felony as ftatuV to nine. It affordsUo matter for very pleating cows. j ,A ,J Jt J J. fU! reSccton to obfervc, .that our iuojects aiminnn.a our iwi ui- If I have the misfortune of diitenng witn lome oi;my icnow, ci'iicnslon this great and arduous fubjcai.it is no fmail confo-'-latioi to me that I do not differ, from ytu. With you I am per fcaiy united. We arc heartily agreed in our deteftation of a civil war We have ever cxpfeffed uhe rood unqualified difap probation of all the Heps hich have led to it. and of all thofe which tend to prolong it. And I have no doubt that we feel exiaiy the fame emotions of grief and mame on all its refera ble confequcncei ; 'whether they appear on the one fide or the other, in the ftiape of. victories or awcaw, i ' h,-F.nonni on the continent, or from the Enghfli in thefa iflands; of leginativo regulations, .which fubvert the liberties of or brethren, or which undermine oar own. - , : Of.the firft.of thefe'ftatutes (that for letters of mart) I (hall fay little. Exceptionable as it may be, and as I think it is m fjme particulars, it feems the natural, perhaps necelTary refult, of the meafureswe have taken, and the fituation we are in. The other (for a partial fufpenlion of the habeas corpus) ap pears to meof a much deeper malignityi. During jits progrefs. throaKh the Houfe of Commons it has been amended, fo as to ctprefs m6re diilinaiy, than at iirft it did, the avowed fenti ments of thofe ivho framed it; and the mam ground of my ex- . K.-.,r- it Ane exrjrefs. and does carry lnto ex- ecution; purpofes which' appear 10 me fo contradiaory to all the a ftealer of Befides, I rauft honeftly tell you, that I could not rote for, or countenance in any way a ftatute which ftigmatizes with the crirqf, of piracy, thofe, men, wnbm an al of Parliament h?d prey roufly put. out of the protpaion of 'the aw. When the le gifl.ature of thi i kingdom had.oi dered all theiri fliips and gods, ' for the. mere new created offence of exercifing trade,;to di vided as a fpo l among the fenmen of the navy-for the fame legiflature atte rwardsjto treatjthe neceffary reprifal of an unfjap py, Iprofcribed, inlerdiaed people, as the crime of piracy, feems hardi and incor gruouS'. Such a proceed urc would have appeared in any other legiflature than ours,- a ftrain of the moft infulting and unnatural, cruelty and injustice. xi ! ' i Jill . The fecond profeffed purpofe of the aft is to detain in En- 1 gland for trial thofe who mall commit high treafon in America. That you m iy be enabled to enter intd the true fplrit of th? prefent law, it is neceflary, - gentlemen! to apprife you, that there is an aa, made foTlong ago as the reign of Henry the $th before the exigence or thought of any englifli colonies jinime rica, for the trial in th kingdom of-treafon s committed out of the realm; Inftheiyear 1769, parliament, thought proper to ac quaint the crown with their conttruaion of that aa, in a formal addreis. wherein they intreated his Majcfty Itq caufe perfonsjj ' charged with high, treafon in America, to be brought into this kingdom -for; trial. ' By this . aja.'of Henry the 8th j ib conftrued and fo applied, almoft all that is fubltantial and beneficial in a trijl hv Jnrv'ii taten awav from thc Yubieft! in the colonici. , es wnicn afcP6i - v - . ; . t principle -not .only of;h. "nttuotu ;po n , "'yica to' condemn hit-i.h ; AerfoP is brought. tain, but even to thole orincipies or iiuuiicjuiw xv.. ..w ... , r,.. .A n,;M,n 4. K- i. rU' 1 ; f .r h!!r.tin!ruilhes in tho minds ofa cinh mtner in FS ,!.rr 1: HZ. lu people. It" feems to have in view two capital objects ; the firft, to c-.j-tJ:!...: .mfir. aa inner at it fhall think proper, (within the duration of the aa) thofe whom that aa is pleafcd to qualify by the name of pirates. TJiofe fo qualified I under (land, to be the commanders and mariners of foch privaceen i and mips of war, beloaging to the colonies, at in tn cnhaDDv contett may fall into the hands or the i . crown into a iunpeon on land, loaded with irons, jjnfurnifhed with means of calling , upon, or confronting evidence, where no lo r circumftan'cb that tends to detea perjury can poffibly bejudg- Af, :frh V1 np'rfnn mav be executed, accordine'to form, but he can never be tried according to jultice; I therefore toiild by no means reconcile M ':.!. - l- niyfelf to the .bill I kription of piracy, to a future trial and ignominious pumihment, S.-'i. . ralce.it neceffarv to execute vee- geance on them, under the colour of that odious and infamous ! ToTthis firft purpofe of the law I hayeo mall dirtike b 'caufe the aa does not (a. all laws and ! equitable tranfaawn. ought to doT fairly deicriDe us r , Inaal war upon us, in confequencc of the prefent trouble ; may be lebel. ; but to call , them and treat them as pirate,, is con. founding, not only the natural dettinOioi of thingsbut the or der of cfimes; which, whether by patting them t'1 part of the foale to the lower, . or from the ower to the higher, is never done without dangeroufly ""g.1' ofjurifprudence. . Though piracy may ibe, in the eve of th. law, alefs offence than treafon ; ; yet. botk are, . j.k k Ami forfeiture, ana tne lame pununea wnrv me umeuwuir r r " an' fpllow-crea-corruptioa of blood, I never would take from r ture v?hatever any -fort of advantage,, which he the r faf.tv from the pity of mankind, or to ht FY V-nMl f!inas: bv deradiiK his offence, Thev fend you ; which is cxprefsly provided to remove alUnconvem- fr' " f . i :r- -nJ.P h rnmma del. .ences irum tt vau..imvu - are therefore to De uetainea m . ; moft nnlnft and molt unconltitutional. iar from - n mnc mmi nmrni. duijvui.u w ..-t j - r , -11, . i removing the dirficuities which impede; the.executicn of fb mifi chievous a project, I would heap new difnculties upon ! it, jf It vere ia my poier. All the ancient, honeft juridical principles, and inltitutionj of England," are fo many clogs to check and. re tard the headlong courfe of violence and opprefljon. They were invented for this one good purpofe that what .was hot jjuil nnr h-nnvpment. Convinced; of this, f would leave ,kinr t found them. Tha old, cool-headed, general lawy is as good as aAy deviation dilated .by prefent heat. ;4r flffiable expedience pleaded to favour new fofpenfion of the liberty of the fubjea. If the Enghfli m the colonies can fopport the independency to which they have been unfortunately driven, I fuppofe nobody has fuch a .fanati cal zeal for the criminal jnflicc of Henry the 8tb, that he mil contehd for executions which muft be retaliated ten-fold oa hit own friends ; or has conceived foftrangc an idea: of Englifh dig nity, as to think the defeats in America cqmpenfated by th triumpns ac lyourn. xi, v kUU"'v ' rvTr" " ;i thi: nutation irom mat j uiuuium -77 - ' n . L when I cannot fof- duced to the obedience of the crown, there moft be, under that n ii
The North-Carolina Gazette [1768-1786] (New Bern, N.C.)
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Nov. 21, 1777, edition 1
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