Newspapers / The Wilmington Gazette (Wilmington, … / March 17, 1803, edition 1 / Page 4
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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 larits t 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 dccifively fixed. 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 to vote, 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 --r, . 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 argu. 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 the tn 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 a tight. 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 ttujiiiiy. The fabjccl wat ihcn taken up in the houfe, and yeat aotT naji taken by 'he nime. - Houfe adjourned. ALMANACKS . for the year 103, For laic ac this Offl cc. BLANKS Cfvmrttui kind lt For laic at this Oflicc. CIIILICOTJIE, (State of Ohio.). V January 52 ELECTION REtURKS. - FOR GOVERNOR. Ross County. - - -. " : Return of the election from Ross , County. ' Edward Tiffin, ,.; . - 1020 Votes. Arthur St. Clair, ; : 31 Benjamin Ives Gilmanj 5 , Return Jonathan Meigs, 3 Adams County, ' Return of the Election from Adams County. ;'" 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 . llamilton'Cottnty. Return of the election from Hamilton county for Governor,. Senators and Representatives. For Governor. 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. Clermont County. Return of the election from Clcrmon'C County. For Governor. Edward Tiffin, Repub". unanimous, 403 For Senator. Buchanan. For Represent atives. Ellis and Roger Warreni their politics -not known, except Mr. War-' re'n",wlw,'we'b'elieveis'fcclcral.--'T-- Jefferson County. Return of the election from Jefferson - County.-; . . , , For Governor. Edward Tiffin, Repub. ' 800 No opposition. For Senators. James Prilchard, Repub. 429 elected Bazaliel Wtlls, Fed. 423 elected.- John Millipan, Repub. 414 Zenas Kimberly, Fed. 402 For Representatives. Mr. Humphrey, Rep. 440 elected Mr. M'Cuic, . Rep. Mr. Bear, Rep. Mr. Mccks, Fed. Mr. Real, Rep. Mr. Fdlicot, Fed. Mr. Beaty, Fed. 431 elected 456 elected 422 eUcted 406 404 398, 231 Mr. Boughman, Rei. 1 Hehr.jut County. Return of the election from Belmont County. For Governor. Edward Tiffin," .Rep. . 452 And a few scattering VotlsT For Senator. William Vance, Fed. 217 elected Ji'mes Alexander, 122 'James Smith, 134 For Representatives. 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, 18iJv 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,. UhCertam." " 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-." , PUBLIC AUCTION. 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 ih.'iit.ii accoi.i!--lv, CAKi.IM ON WALKIiiJ.Cik.. V. .:ini.rttr,f Mach o. T T 7 III-RKAS a t pin 11 '.in f W u 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 Certificate JOIIUUOTTS, c. icyt.KY, C. I). HOW AH I). 1 Wilmirj on, Kin 10. Tl.it It , not cci.iikt ith ti e
The Wilmington Gazette (Wilmington, N.C.)
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March 17, 1803, edition 1
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