Fsost tat Au&ottA.
Fzom Washington, J ait. 27
The Judges uho met brim the
ptipU a fhort time ago in Philadel
phia, , thii day brought forth the
motife from the mountain a peti
tion was prefented from, judge
Baflet, William Tilghman- Judge
Griffiths, G. K.'Taylor, P. B.'
Kav. iude-e Bourne. Oliver WoU
cott, and a few o.ihers'whofe names
you will find in th? minutes in a day
of two on the futjecl of thir fa
The petitions were from each in
dividual, but literal .copies of each
other. They were prtfented by
Mr. Grifwold, The following is
a hafty fketch, of the laconic con
verfation which the fuBjecV produ
ced. . j
. Mr. Grifwold faid "the priaciple
of the petitions-wasiotallv diitinft
from that of the judiciary law re.
pealed laft feflion ; -..on that occafion
the queition was, aso . the, right to
repeal the law ahd abolifh tie pow
er of 'the judges ; the prefent went
to determine whether or not, eon
grefs could abolilh the oflicc
'during good behaviour or deny the
payment of the falary to judges
whofe tenure was during good be
haviour." He aliened the right of
the judges to petition in.coftnrton
with all .other citizens," and that if
they demanded it they-had a tiht
to be heard by couufel. It was not
his intention to embarrafs the houfc
by a precipitation of the quedion,
but would ofFer two resolutions
to the houfe ; the fuft of which
vvas that the houfe fhould define-by
law the powers that ought to be e:;.
eicifcd by the judges' appointed un
der th,e.-law of ; 3th Feb, 1 So 1 :
The other that a tribunal fhoufdbe
cliofen or formed for deciding on
1 --?c 'HO jiii1 ' 0 1 1 1 y of their tight
t') office or falaries. Theferefo-
lutions he conceived would afford
complete opportunities for a (iecj.
fiononthe merits of the petition
r's claims and rights, and a plan
misfit be devifed conformable to he
fecfc of the houfe by which he
COuI'lttJtionl norttim !,, i,l,t K.
----- j -.Mivug UIVUIU
Mr. hiclio!fon would not enter
into a difcuilion on this occafion,
becaufc the fubject had already c-
lw. - iiiuvii. 1 was . hi .me. Id 11
fc Hi on , a lo leave no 'room for ad.
i'I'i'mmiI t1!... . 1 1
" ib"1 "v. jviiiic'.iiau iiju
mentioned fomeflan which he fup--'
pofed would be adopted ; he did not
fee upon what grounds this plan
was to be formed, but as the gen
tleman ms.y poilibly have arranged
in his ow n mind Jtn,t plan, if "he
would con lefcend to define It, the
houfe might be better able than
they con d be at prefent to apply
themfclvrs to the f.itjecV.
Mr. Grifwold had not formed
any plan,-but he would fugpeil on-!,
that ai the rellorauon ot the pe
ti;iorcrs to cilice ly a revival of
Ihc law repealed lad felHon.
Mr. M.whunii excited, that this
Wat ttibc the plan it wis with this
p'fcfeimii.nt he had callcJ on gen
tlemen for an explanation ; and lu
percedeJ in his mind every further
argument, . he was now prepared
Mr. Randolph thought the law
of U:l fdlion hid rendered the In it
Itfduiio-t ui.necilaryit had com-
ph-ie ly Heftntd tlicrtcr' tf IhlTef
eufea.etii it I ad dcclatcd that their
t .i;c:t,)i,s had cc-fed, and that their
, rw.w w notliirg i,ffed the pe
, inioni aid the ohfervatiom h
el icit tlry were introduce 1 .in tica
tcd by their chagrin, what it was
Ibat had induced their petitis, ' it
1.1c cciuiionol potter which
1'iferaddcJ all definition. The
, -qucfliou Leing puton the firA re
I'dut,o it was loll 36 10 56. '
I he feconj refolution being read
Mr, KnVpv olferved that the
hnufc.M frequently deYiJcTigaiiiil
the pri KipJei it was brought (ot
waid in fJ, , t0 cm5rilC
,an xtt,five range, lie did not fte
tpn Hhat principle a newnibtinal
was tokeinditutedto deci le upon
more than thofc of iMUjr, Why
fl;H,a.,hcd.f,niu'cd juJgr, demand
vhat has mt been allowed ei tf.c
veteran u ho Ju.bJe J for the liber.
Jf of h,i cuuntryf Are we to
l.Hheoblitiunidue to thofe
hwKvei.very thing in, con.
ctde.o.chr,, .chofene,, t,.
tuna' i whi-hthe; were !o be
he JfSii'Mier 1 , In . thtTr own .(Tump.
were thrlart who fhould .Uand,
tt'lihifho.,Meipcrt f,,ch a
iMtporttioui induVoce. Thofe
who fuonart thofi netitionicanila
every thing that ii elTential. They
ficet. to annihilate the power tfut
what is verv extraordinary after
fuch an admiflion" lnlill that the au- i
tiiqrity which annuls the power
and the duty, cannot touch the fa
lary, which is only1 the price of the
duty ! He had no conception of an
officer rho had no duties arid could
perform no duties. To make the
meaning of the gerftleman intelli
gible it -would be inferred that of
fice and jjfalary" were fynonymous
terms. But if the power was ta
ken away why fliould the falary
emain. Tha petitioners tell us
heir object is is not private jtholu-
mem out puoucgaaa, admirable pa.,
riotifm, which conlills in recei
vine public money and doine nd
thing in return for if. Thefc dif- j
intereftel patriots who are thus i
willing to accept the public money:
and without any pretenfion to fer-
vice, appeared to him rather mitta-
Kciij in uieir conceptions ot wj.at
they have airerted, . for the .u Hion '
nas notning to do with public goon;, were concerned, are we to expcdl
iris altogether 'a private emolu-H that rthey will aft witW mor'u fyrn?
ment, without equivalent cr fer- I pathy.and jullice in the prefent cafe,
vice. x The motive for granting a ' It the getirl emer. wiilt that t'he fu
lalary dm ing good" behaviour, was " -preme court 'lhould decide . onvthc
to Icciireiheir independenre whi e
10 oHiwc. vuuKi u ue uiu mat it
. r . I. . 1 1
was iu iccure wieir tnuepenucuce,
when they had no office.
Mr. Dana offered fome
merits at length; at lead we prc
futned that they were argument,
but perhaps it was through our
own incapacity, that we could not
render the words coherent or app'i
cable and rather than tlo him injuf
lice wc have not attempted to re-
V o r t a t-1 e n&t h . -' - T h e -o n 1 v- n o i n t
we could catch, was that upon the i
Cjiiemon-ot paying the falary foli.
cited, it vould not be. cxpeded that
a. reference to the comptroller of
the treafury ough to decide the
right, as that officer beirg appoint
ed by the executive and removable
at plcjfure, could not be the pro- 1
per tribunal for the judges to' re- J
fort to : and therefore the tribunal I
ought to be fome one independent !
of fiuh coutroul, fptcial and .im- j
partial. - . 1
lU. Bacon took the que(lion re-
ally to be, whatever. was o(f en fibly '
orTcrt'd- whether the- lawr nf-latf j
feffion 'was or. was not conllitu-1
tional. What did that law do ? It '
abohlhed certain courts as former
Ugiflatures had 'done-before. Ir
was determined that cartain circuit
; ourts fhould ceafe and be abolilh.
ed, that law aboliihcd was rcllo
aed, by J;he prefent congrefs ; what
did the aboliihcd court con lilt (f ?
Judges j judei arc officers. The
courts being aboliihcd, were not the
judges aboliihcd ; and were not the
judges officers ! he fuppofed they
were. hen if fsmcers were abo
lilljed and no fcrvice is performed
why nay fa'aties? The ronllitu
liu.i fuiehls it, fur though ihey arc
declared ctr.itltd to their falaries,
if i ct inorfic? then they cannot.
Mi. Giifwuldj outdated that this
qiidSioa' had never been fettled.
That'll was c.T.cedcd they ud tin.
pmwr to ilifiiiifif, but denied they
h'd tlun p iwtr icidepiivc of fa'a
ties. 'I hcrt vtre he knew fun.e
dilfcuiue in law opiiiuns on the
potpt, and he faw no obj?clion that
could tie ma le in' iiuittfcring t!c
do ill on on the qiiciHuti to fyjnc o-
il.tr tiiliutu!. lie aVavs-thou' -ht
it a fair mode of prorcedng to re- i
fer rr.attm in dif. ute to d.iTctcnt '.
j wjf new and ihe occali n Ixtraor.
jdiniry, and he thought nii-ht,
I be lefffffd. With ufpeit to
i petf nal intercrt, . Uc judges, it
ouht tiot to be confidercd in that
liht j the peiitiureii ought to be
, held at ailing upon their ferfe
ol the connitution, mJ lluy would
not rclinquilli it.
Mr. 1 , Merrii fahl nothing a
boiit the precipitancy of the dcci
fiortlon the qurflinn- .
' Mr SmilieafUJ if t'u'i wi rot
the rtunmtn cafe of a particular
Jafi of men. At what iimc JiJ ,hc
Clergy ever dfciJc In favour of ihc
people upunainy quiaion'bctwccn
them 1 would
qudlion between military boJy !
nJ the body of the people to be
decided by the military ; he enter.1
tamej looelcvatcd an opinion of the
gentlemen of the law to conceive'
they would folicit falaiiei without
umce-inJecJ it wouU not be
luppofej that the
pemioned wouU eipel, .r icceive
fomtthm? foni-anJ at ihc; weie
iifmiiTed by law.it would.be wrong
in the houfe to hurt their feelings
by preffing falajries upon them. '-:
- Mr. j. k,. smtttijtateJ tnat tne
prphibitioti for. a reference was pot
a novel one. as th ihino had hrn
done bifore ; Congrefs had referred
the claims of certain military' men
to be decided by therfuprem court,
but though fome or" the judges had
refufed,Votheri had, acled ; why not
refer in this cafe t the fupreme
court as well as in tha ? Durtng
the ftiost time he fat in the houfe he
riever faw bufincfs fo precipitateil.
Mr. Nicholfon fii.d the gentle
man might talk about precipitancy
if the fubjet was a new one, but
Jie believed tiiere never was a quef
tion fo fully difcufTed. It had been
faid that a reference had been made
fome years ago to rhe. fupreme
court, but we wre alfo toid that
the court had lefufed to acl, how
are we to tell they would acl any
more on the srefent cafe. , If the
I judges refufed to acl on ihc rck-r-
futipjn our revolutionary battlc3
entp or cauies wiure men who
coni!iruionali:v of laws, let
I-1V w. &: weihail undtrll 11 l tht-in
.'Jet. 1 hum ii,o drj it in as it were in
j cidciital y in t,is way. For him-
leir ne woa.u neyer conlent to any
arrogauon of lucu power. If the
courts zt: determined to inierfi-r-
with t'ht: power of the LeiifUture
and clalh with its authority, ii will
then be time enough tor theleg-ila.
tureto adl Sc miintain their right: ;
and the people will be the tribunal
t Jc "v h i c b- bo t h w i 1 1 h a v e txi 'a p p e a L
... Mr.- Eullis Coiild nor difcoyer the
tliflinclio.j of a right to falary with
out. 'the equivalent., fervicei j he
Conceived the rulewf the conl'litution
too fimp'c and explicit to be mida-
ken, no fjlaty na fcrvice. By the
law of lall fulion the -cftke and the
confeqneut fcrvice were aboliihcd,
and the compVrtfation neceffiarily
followed. 1 here can be no hefira
tion on the run its of the prelcnt ap
plicationit is ot juliry-but it is
alfo evidently di li-ncd as a protcll
aga:;:lt tnr Lw hat has deprived
them of t-fuce ...j falary. hveiy
tfj-tc) has ben paid to if to which
it is entitled, ii lias been fairly and
libcully difculL-d. How a com
plaint could be m ide of precipitancy
10 was at ahfs ,to account for
when it was (o late as yellcrday
that l e faw the peli'ion ot an ad
miial who had rendered great fcrvi
ce s in our tvj.,'j".'on?!akeii up
without any dchate and "referred to
the committee of claims, of whi ch
the gentleman whocouipiainMjf pre
cipitancy i chairman. He fhould
as (ton illnt 10 the pajirer.Tcf
the falaries of the diJbaudcd army a
the falaries of the difbanded judges.
Mr. Dna a luiitttd that the dc
flrtidlion i i ;bs office was the dc
flitidion t-l tl.ecuirtj enfation tl.ia.
he alwajs deo ml ll.e right of tin
hoofc lodo ; I n ihc uiiue of tlu
otliee isil,. power, and duiii.g good
behaviour the juke's c Hi e is not
lufccj iible t f deJliuc;ioii. Tl.e a
mcunt i,f ihe piaycr l.ert is not fo
much for hkii v, is. for ihe i!tuf.oi.
on the qucllitn whether ;n the con
tell for :p;wer you have ot cr.
urded your atjhoiiiy and invsdd
Mr. Alifon moved an amcrdu'cM
lo the rtf.dutiou which rtrjiiiiv.l the
infer ln il 1.11 i.aim ot .11 the
petitioiurs as he wilhed iholc of the
J0dbc who had 110 1 oppokti lit?
repeal as ur.cot.fliiutiuiul, ihou'.d
jim be co'r.prihemUd i:i this lunl
acliou jhe moved to have infernd
hc pcti'ioi: of the prj'.nt Lrtini.a
eJt Ml.iih was earned.
Upon ihe gcoeialquellionforihe
pciitiontti, )ci 35, noes 57. .
Gen. Vain:. ni then moved that
'he prayer of the petitioner! t ught
not to be gramcJ, and that they
have leavc to wjtMraw their t eti
Uot.s, which was cahiiJ by alatge
The fabjccl wat ihcn taken up in
the houfe, and yeat aotT naji taken
by 'he nime. -
for the year 103,
For laic ac this Offl cc.
Cfvmrttui kind lt
For laic at this Oflicc.
CIIILICOTJIE, (State of Ohio.). V
- FOR GOVERNOR.
Ross County. - - -. "
: Return of the election from Ross ,
Edward Tiffin, ,.; . - 1020 Votes.
Arthur St. Clair, ; : 31
Benjamin Ives Gilmanj 5 ,
Return Jonathan Meigs, 3
Adams County, '
Return of the Election from Adams
Edward Tiffin, Rcpubi 160
Bazaliel Wells,' Fed. 3&(
ES : Fairfield Countj.
Return of the election from F&irfleld
. . '" " County.
Edward Tiffin, Repub. 286
Bazaliel Wells, Fed. 89
Return of the election from Hamilton
county for Governor,. Senators and
Edward Tiffin, Repub. 1387
Benjamin I. Gilman, Fed. 241
For Senators, all Republicans elec
ted, viz. . -John
Paul, Jeremiah Morrow,
Francis Dunlavy and Daniel Symms.
For Representatives, all Republicans
elected, viz. y
Thomas Brown, John Bigger, Wm
j James, John' Dunn, Eplnaim Kibby,
j Thomas M'arhnd, Robert M'Clure,
! and Wm.' Maxwell.
James Snvitli elected sheriff, and Jo
seph Curpeiiier, coroner.
Return of the election from Clcrmon'C
Edward Tiffin, Repub". unanimous, 403
For Represent atives.
Ellis and Roger Warreni their
politics -not known, except Mr. War-'
Return of the election from Jefferson
- County.-; . .
, , For Governor.
Edward Tiffin, Repub. ' 800
James Prilchard, Repub. 429 elected
Bazaliel Wtlls, Fed. 423 elected.-
John Millipan, Repub. 414
Zenas Kimberly, Fed. 402
Mr. Humphrey, Rep.
Mr. M'Cuic, . Rep.
Mr. Bear, Rep.
Mr. Mccks, Fed.
Mr. Real, Rep.
Mr. Fdlicot, Fed.
Mr. Beaty, Fed.
Mr. Boughman, Rei.
1 Hehr.jut County.
Return of the election from Belmont
Edward Tiffin," .Rep. . 452
And a few scattering VotlsT
William Vance, Fed. 217 elected
Ji'mes Alexander, 122
'James Smith, 134
Elijah Woods, Fed. 304 elected i
JonephShaip, Rep. 130 ttccUd
Josiah Hatcher, 179
Andrew Marshal,'. 162
Daniel M-Elheran, 132
Jacob Cr.hmon, is'electcd ShctifT,
and Motes Moorehead, coroner.
'I hc rt turns of the election from
the counties of, Washington k Ttutu
bull, have not yet been nceiud.
PORTSMOUTH, NT- II. 1M-
111. PL' Ei 1C AS I SM and 1 HEt.lJoM. '
NOMINATIONS, : .
For the Governnu nt of New-llamp-fcbirc,
For Governor the tmly honoura
ble John Lamouok. '
Senator Col. Ct.rMrxT Stciikii.
Counsellor I.tvt IUuTl.v.1 t,ivj.
One; Utorc the If.i dv Vtrmni
our Oakt" the fcons d"ftecdtni, and
cneniicsof pullie oppression and
tetnatic tyranny and oppofition to the
liot happy an I free Miunimctit 011
caith, arc all called ou lo Kivclhtir
inv'orativc supfort to the mild and
patriotic Rovemmrnt of the United
State, and bafllc the innidunut view
and damp the already chillini; hojei
of it desperate fan ion. Once more to
t nforce the ctmohlin truth, that
amid her liitcr itatts, lur go
vernment and lawt,
New-llampil.irc aland to rindicatc
her cancel .
"PETERSBURG, March 1.
From H'dhirigtin, V.. 18. j
r.eiolutiotit introduced by Mr. Ko'
ofihcicnatc on thc lfth tdt. rtv
Ifectinft New-Orleans. 1
?na.W, That li e United Statra
have an Ind'uputjlle ripht In ihe free
raticalionof the riwr Almiftkt.i m!
to a convcuient place of deposit for
their produce and merchandize in the
liland of Ncw-Oi leans.
That the late infraction of eth
their nnrpieuionaUe right, it an ag
fftrasion hostile to their honor and in-tcrtf.
dipmity or safety orthis union, to
a right so important by' a tenure s,.
I hat it materially concerns suclvof t!..
...v.. .wan viiiii.ii.-i j ciwell on t!'.--western
waters; and U. csacRIul U
the union, strength and nrntrnitv n'
I tnese states, that they obtain corn-
1 lilf-te sirfiriftr i'.. it . 'j
. . -,v I . 1' I
, rr ....... ,u, 1UJ jjq peacea-
uiv cujoymem oi sitdrt tlifeir absolut-
T , . -
I hat the I'resident be authorised to
take immediate possession of such '
place or places, in the said Uland, tr
the adjacent tenitories, as Le may
deem fitand convenient, for the pur
poses aforesaid ; and to adopt Mich ci
ther measures for obtaining that com
plete security, asio'him, in his wisdot'n.
shall seem ru-et,. -
That he be authorised to call
into actual serv ice, any number of tl.e
militia of the states of South-Carolina,
j Georgia, Ohio, Kentucky, Tennessee,
or of the Missisippi Territory, vhich
I he may think 'proper, not exceeding
I filty thousand, ?.nd to en.nlcv ti.nu
together with the" miliary aiiii t).:v. .
force of the union, fer eliecting the.
Objects above mentioned. ' . t'
That the sum of" five millions areo
lars be appropriated to the carry in;
into effect the foregoing resolutions
and that the whoeorany purt of tin t
sum" be paid or M'pj.'licd on warrants
drawn in pur-Jiiai:c'.e..r Mich diivctK..:
as the I'resi.lci!! t:i.., !'io;u tim.- :
time, think proper tu . ic to t'v. v.
cr;tary of the. treasury-." ,
On the iZth hfijt.f, will Itf-Ad io
the lighrjl bidu 'cr.
THAT valuable Lot of Ground
oh the fonth fide of Market-
flrcet, VVtlrnington, 55 feet on the
flrtct and running --ba'ck C6 fret
with a ' rood flone'Tonnda'ticm ;
front, ami adjoining A." Hall's nctv
T.M. .....r- .1 - ... .
uulk uwuic wnn me privilege or
trie ealt wall tkcreor, 35 lcctlccptV.at
least 50 feet. high, with a toothing
left for the benefit of the prcyrietor
of faid lou
The terms of falewilf be or.c
half ca.sh and ihefrerr,aitider payab'e
in 6 months,' the purchal'er giving
bond'with approved fecurity.
LEVY & CARROL.
March 3, 1803.
uimcu taccs or America,
Didria Court of Cape Fear..
T T T h e r ea s , Benjamin Woods.
11. .1.1 o.
V Y &iq.- Attorney of the Ui.i
tu Mates, for faid Dillrid, has fi.
td frJlibtl in this Court, fetthtj
forth that the proper" Oflictr cl the
port cf Wilmington, haih feixed as
foirc:trd:o i', United States, Four
Esj-s of Coficc iiiipu,.-! i,,; fai,j
pon ol VVi,i,,ori( ,rt tl)C
P stfejr . J hu.C t u no i f iraflc
fromlorant Day, Jamaica, ton!
"Jry to law ; and iii faid liLtl
faying that Ll Collee may re
main forfeited to the U. State?.
And his hunor li e Judge hnviii ' a .
pointed ihc 5.hday of April
10 J"' a'"'. determine ihe faid jt,
ft 'Imii jjtoi:, iiuthc Dirict s.
. i hce . therefore, are to j;ivc. ro
'Uetoall whom it n.avVoi.cein, to
.ppcar at the limean.i p!2ce at0rc
iJ, rofhew dufe why ,h- oUVir
't l-i-l l.b.l Iliauld i.ot he vun td,
od a decree of condemn. ti ,11 u-adtf
CAKi.IM ON WALKIiiJ.Cik..
V. .:ini.rttr,f Mach o.
T T 7 III-RKAS a t pin 11
ii.kruou hj t ecu illutJ I t, i'i
I LMiiU Court of oi.- L oej lUi'tt, Lt
j'he Uiflrhl of N"'h-(v-lioi,
, ;ioS(.r. Gins funr.trijr cl Wilmu.m
( ion, but lur f N'w York, m;ii'ui,t,
t and be hnvif ihc frupon' Icen d.-rmci
. id aptjg d a l'rkrupt, ii Lruty ic.
quired iuiutindr lu'mlclf u ihc Cent.
' nulfiriirii hi ihe fai l ctrrmilhon r itrmf,
on'Sa'u'djy ihe h iniliM, t( ttn
u'cltt. k in lie forenoon oa rrijy ( ti C
j-iflefAp'd, alien o'llocll tin off .
norn, i-d oii .MoiJjr the 18 W f f At nl
,'a iOi-'c!ock in ihc fuitooon at ihe r (Tire
Cor;iip?; houfe oHU. J'.fl.ja Potti j &
wake a lull d.fcovtrv a .d d fcL Lt ..t
l'ffi4!e andilfrni; hco L r.rieibe
cir Jiion are rrqutfled 14 cims pttpt.
t..l 1 ' .-- .t ' I V. 1.1 1
' ;u f rp mrir uto'; ana a- ir,e u.
cnfd rne"iirjj to thufe an aldf-ee pr
iirnnti of ih fild Pi-kf p Htt
d fT.ft. -At ihe llll feme hs f.;
BinkfUpi U require 4 m (tnQ hit run,;,
raiion, and itc tttiw t i afTtnl
10 of ddTf ri Irt.m ih '!one f St
C. I). HOW AH I).
1 Wilmirj on, Kin 10.
Tl.it It , not cci.iikt ith ti e