.v m
I XVI II
X 'V I II:
Published weekiy'by Aiisuxo- j7jti, atTEaEK BrditAi a Yiar',-t ?,
. THURSDAY, JUNE 16, .1803."
TVou 7 No. ?3i
r
I
WASHINGTON, May 20.
" " ; ' r- '
i ' JUDGI CHASK'S CHARGE,
On the first Monday Hn this month, ;
, the circuit court of the Vnited States
mras held at Baltimore by Judge Chase
and Judge Winchester. Judge Chase,
as is lisflal, 'delivered, a charge Jo the
Grand Jury, composed of citizensfrom'
different counties of Maryland, a large
, majority of whora though nominated
by a republican marshal, arid drawn
from a republican 'stale, was decided
ly federal. This charge may be prb
inounced the most extraordinary that
Vthe violence of federalism, has.- yet
- nrodueed."',antl exhibits huml;tainb' e-
- vidence bf the 'unfortunate effects- of
' disappointedanfit'ron.; , It is to here
grettedthat it bs- riot been officially'
'published, as it is almost impossible,
.without presenting it entire, to give
an adequate idea of its contents, and ;
. as it would then have been out of the i
jowcr bf party 'spi' ' to deny its ecu
racy. The following summary state
ment of' it has been ready for the press
for more than twd weeks ; but has
been withheld until this time, in the
,hope that the whole charge would ap
.pear. It is pnly necessary further to
premise, that ,it was taken by a per
son present and that the public -may
rely that it does not contain a senti
ment that was not avowed by the
judge,, though . ft may omit many re
, marks that were made by . him.- In
' some emphatic sentences, the words
are pearly such as he used ; though,
Vor the most pkrt, greater regard has
been paid to the Ideas than the lan
guage, . ;v-;--y:--.-v
, After a definition of the offences
.eognizable by the grand jury, Judge
Chase said he hoped he should be
jpardoned for making a few additional
observations. He had, he remarked,
been uniformly attached to a free re
publican government, and had actively
participated in our revolutionary strug
gle to obtain It. He still remained I
warmly attached to the principles of
government then established. bmce J
uct period, however, certain 'opinions :
had sprung up which threatened with '
Vuin the fair fabric then raised. It 1
had been contended that all men had
equal rights derived from nature, of ,
wliich society could not rightfully de
prive them. This he denied. He ;
. could conceive of no rights, in a
(State of nature, which was in, fact-enJ
. tircly a creature of the imagination, '
as there V as no condition of man in
wich he was not, under some modi-1
Ccation, subject to a particular leader ,
er a particular, aperies t.f government.
jTrueJiberty did hot, to his opinion,
tonsist.in the -possession of cc.ial
rights, but:. in tho protection by the .
hw of the person and property of Cf
very member of society, however va
Tims the grade in society hefilUd.
Nor did Ur.onsWtjn Uie form bf go
vernment In any country. A monar
chy might he frrr, and a republican
slavery. Wherever the law protect
ed the person and property of every
TnTin, there liberty existed, whatever
the government was. Such, said he !
is our present situation, nut inuch I
fear that soon, very soon, pur situ ation
win be changed. The great bulwark
of an tndcpendvnt judiciary has beh
Broken uown nv the lec-ulature of the
ynitcd States,, and a v.ound infiicted
upon the liberties of jhe ptople, which
nothing but their gdd seme can cure.
Judgs Chiis? here wtnlintb an as
acrtiori of the.rlglt of the Judiciary
lo decide on the ccnuiiutionuliiy cf
fawO . .
f . Uethenr.i!rcrtedtotherroceedln(t.
f the legislature of MarjlnU U
i Jn,mnicnM t'we w'udom and patri-
tt&m cf these who had framed jhe
onstilulionofthat state Th it teU-
dom and patriotism bad rocr con-
ctivtd liberty to t'Rtlit in every msn
fonsciMnrcftusl pihticsi rurhtt. lp
crure propertrUie r.ht of tiinragc
nd been limaedr 1 he contention
lud not imagined, according to the
lie w doctrine, taut prorty would be
bistprottcttd by thoe who had them
selves no property. The threat ram.
part estalliilatl in the limtiation of
suffrage was now demolUhcd by the
principle of unhrrml sufTragc engruf.
ted in the rencitution.. In addiiion
to tbi4, iW'Kition wss now sub.
fnitlrd, l,oe ruifif ation depended
pcn the next I'sc'uhtturr, sml wlkb
if ratified, would dtitroy the indrntn.
dence and rrspertsbilny of the judi
ciary, srvl maVe the adminktrstu n of
Clarv, snl make the admlr.Utratien
,lit drprndenturon Irrigative dit
1 legiMaitvettii
tretior,. If this sljill, In sdditton to
' 'disbfl univf nl sufl.;
3 V
nothing will remain that will fee. Wrth
proteMing. , Instead of beingruled by
a regular and respettable government,
we slull be governed by an ignorant
mobocracy. When' he 'reflected on
the ruinous effects. of these measures,
he could not but blush at the degene
racy of sons who destroyed : the-fair
fabric raised by the patriotism of their
fathers. t -
" '' .V.
To do justice :to this ejitradrdifiary
pev'formance would require an-exten.
sive commentary. :. " . .
It is necessary to tall upon the rea
der to hold in- recollection - the fact,
that it U the charge, of the . judge bf
the UStates," delivered in hh official
capae't, & in the discharge" df h's of
ficial duty. Its propriety, ought, there
fore, to he "principally tested by its
conformity to that duty. - It is vei'y
passible(,.foivaprivat.,xitizen.to say or
do many, things without reproach,
which a iud:re cannot saV of do with
out a large .share of it. 'The oath of
a justice of .the .supreme "court will
shew what his duty is. It is as fol
lows , ' ' -
f I co s'olerhly sweavbt' af
firm, tiitl j will administer fosiict with
out respect to persons, and do equal -right,
to the poor and to 'the rich, and
that I will faithfully and impartially
discharge and perform .all the duties
incumbent on me. as ' ., , accord
ing td( the best bf my abilities and un
WehtamtkTiagrfeably to thtfotutitUtiqn
and laws of the Cnittd States. So help
me God." ;
.This oath imposes im obligation, to
''administer justice, agrCcably t&tht eou
itifutimand laws vf the United States ,
It limits his pdwer to the adminis
tration of justice ; this is its sum ; be
yotsd it he shall fiot go and it deter
mines the manner .in-which justice
shall he administered. It shallbe " a
greeably to the constitution and law's
jo the U. States." and in no other
ihanner, u . - .
r Let any tran th'Ta rcad th'e' fore
going statement, and whether the
political sentiments aveved 'by .the
judge can .with the least pretension t$A
common sense, uc calleu the admitu
tration of justice. The admmistra- j
tion of justice is .well understood. It (
consists not in political disquiiitio'iis j
however correct. Much lc sj does it
.consist' in inj.vot reproaches cast tip
en the federal government,'' upon its '
rulers and laws, upon the t?te govern- j
mails, their rulers and laws y and up
on the fundamental and characteristic j
principles oJ the nation itself. i
Much less can. it be. said that such '
tentiments. avowed "from the bench,'
constitutes the administration of jus-
twe cfreecNy to the constitution and
hwrfthe United States." , - .
' That constitution and those laws
command a judge of the United State
to regard and respect the comt'tutions
and laws of the several states, where
they do not interfere with the consti
tution or laws of the United States. ;
The constitution declares that' the
United Sts ahall guarantee, to e
very s'V.e in this union a. rrpublican
form of government." A'nd the 34th
section ol the jncidiary law enacts
" that the laws of the several states.
except where the eonititution, trea.
. ties or .statutes of the United States
latcs
haH otherwise require or provide,
sha.t be regarded as rules otdcciston
In trials at common law in the court j
of the United Stales in cases v here
they apply." ' ,
Maryland hasnow a rrputlicisH form
of government which, it is. thus made
the constitutional duty tithe govern-
! m.nt nf T'..ti-d statf. r.f luch
U judges tVm a part, to guarantee,
j a mUrial pafl of that form bf govern
1 mint consists Jn a prescribed mod
' vt chaneir.K lu In that war it hi
been chanfcrd J and it is igainit tlcse !
J changes, til of hich render it more j
, rrpubhaan ihsn it prtuoukly wat, ihVl
Judge Chase inttIt. In a certain,
nay a prob.dile event, the .judge siyt
thrc will be tfjihing in per constitu.
tion worth prtienlt g. Such denun
ciatiyn is not ettrs-judkitU but it in
direct Vtohiicn df that obligation,
which m making the eonititution end
laws of the United States his Kuidf,
embraced so mm h of the constitution
aad laws of Maryland supplied to cii.
cs before hlnn and which' ware nst
ecntrry to the federal constitution
snd laws. Whit would be ihid of, $
fcilml icVe who boldlr nronoUntcd
bflhe federal totutiiuUn, there was
ofiAI.'m in It worth nrtaprtinv. wti
hit very oath s-i ouce constituted hi
m
l( guardian ) Tl esirnicondfmnstlon
bestowed, VS':h;A dtCtftUuJi
milar ferrai to a stat consiHution ;
for one is but 'a rafhilcation of the
other, so far sis relates to his official
duty. ; t i ; ' '
- Nothing has been .yet said of, the ,
rholiwejs of Judge-Chase. ' God " only
certainly knows his motives. . Still e
yery intelligent man will form an opi-
iflon'of ' thos, motive-s which probably'
influenced him. Could iey be pure
motives ? Look to the effects his' de.
c'laraliohs were calculate! to produce.
In his contemplation, if uroductive of
any effect whatever,- tljcy must have
been considered as lltely to clicnnte
the citizens from both the govern
; ments of the uniDfi and t!at bf ?vla'f y
land ; to t prod-ace- a sentiment -of dis-
satisfaction V. to augient party violence-'-and
to enkindte a diafbrganis
ing spirit. t Are these the legitimate
fruits cf an impartial 'administration'
of justice I' Do they evince8 a; J6ve ot
order, ;bf tnttfi, . of benevelence, xjf
patriotism, of any thing honorable, in
public, orhmiable in private life ? ' ;
:' Judge Chase' says he was a KpuBi
lican during the 'ffcyftlutlon, and still
is a republican. - Frofn this we may
Infer that his sentiments arc the same
now that they then were. By. his own
avowal let him be . tried. What did
we contend for during the revolution ?
Vor political liberty. In what does
.political liberty, consist? In the right
of self governraent.s And yet Mr.
Chase asserts that a nation 'may be
free where this .rijjbt is net'en joyed by
the people, lliis ..Jhen"U the repub
licanism of Jude CltaSc ; b.ut it is
the (lespotism of a genuine rcpubli
cao."; -t---- j
New opinions, arc-Hid to haze sprung
up i and the possession of equal rights
even in a State of nature is denied
8c laughed at a a chimera gf the fnrfcy.
JLifrertj is d&ikreVZ not-io convst in
.eqial right::, but in the protection of per
son and properly by tfvv Here the
learned judge ;nisiakes cause for ef
fect, (food !a vs flow from lihbity,
"and not Tibet ty.frorrvgood laws. The
best laws will scon degenerate, und
become so many inUrumentB of irp-
I yccssion-unlfss the, nation possesses
uie I'igm ot nmeii-img r.ranr.iuluij
them,, aiid ot controling those who
administer them. T ;f - i ' '
r Liberty dors ml corftst in the firtt cf
government tny country. A nrcnar
chy may h free, cm? a republic in slave
ry, llrre we, at length, behold the
eleven foot, llysuch 'performances
as this the public mind is to, be pre
pared for monarchy.
Whenever the laws protect the prrsun
and prvpert? of n erf man THUF. LI
UVM FY "EXISTS, WIIATEVlitt
THE GOVKUNMENT , JS. This
is'the liberty cf Judge Chr.e. lie ir,
indifTcrent tthe government, so that
the laws ti g'ood. Hev'c again is' a
jumping rf cause and effect. ' Who
maUi the laws? The government.
Aud yct'ilis a matter- of,no t:onse
qwence. w'nt the cw.xrnment is. As
well nught wc tfnrm the Sufi of o
importance so lonir as we enjoy in
light and heat, to which we afe in
debted for all that sustain existence.
This remrtrk is very absurd. But
it merits attention, not so much for its
absurdity, as ftr its evidence of root,
ed attachment tojnonarchy. The re.
maining remarks of the .jnds;e need
no commentary. They detuunce
with indiscriminate indecorum, "the
measures of Congress and of Miry- j
land. There no mind that will not
fully nudcrttahd thtir meaning,. and
duly appreciate tbe motive! in whir h
thcr o. iirinate. Such, citizens of the
United States, ifthe.offtpriag of a
Supreme Court of the United Slitet,
a mernberof that venerable and sacred
bench, conktitufed by you the guar
dians of ycur rights and liWttics ? '
. .Yjt. InnUiftrctr.
Msjr 5
AtU mptsare makirtg, in the face of
all fact and truth, to iropiess the na
tion w'tfh the idea that the late ejec
tions exhibit an increase of federalism j
whereas thrv rrtlly prorrits great de
cJrrJfion.V I'tcis still, place the truth
of thh tvrtion bcyttl'l qutslion. -1
'I he elections representatives
in Congrei, it .will be allowed, ire
those .whirhf In genrml,-.f.riu the
bet ttitcrion ,U pollic-Kntiment.
ht ,i?s, then 'omptrt the rrUlhe
strer.gtl. of Jtpubliosos and ftderwl-
UU tcOrfrj the Jut and the tniu
U elcJ;drr the Jul and the k
f
hid ry)jvi'Txi one ftd
lj M tP-'PCi U IiS
two
' Massachusetts had in the last Con
gress six republican, and eight federal
members ; in , the ensuing Congress
she will have seven republican, and
ten federal members.
New-Hampshire had in the last Con
gress four federal 4 members in the
" ensiling. Cdngress, "telie will have five
i federal members.- 1 , ;
p'.: Cennecticut had1nthe last ' Con
gress seven federal members in the
ensuing Congress she will have seven
federal members. '.
New-York bad in the last Congress
seven republican, at)d three federal
menbers.; in the ensuing Congress
she will have twelve republican, and
five federal members. - V " ' ,
v Pennsylvania had in the last Con
gress ten republican, and throe fede
ral members ; .in the ensuing Conres
she will have eighteen republican
members. r , . " ,
' J Vermont had in the last 'Congress
bne republican, and one federal mem
ber in the ensuing Gofipcss she wiU
have three republic ah, and one federal
member. : . ' ' 5 '; V.-,:jv.-v,:-''';
, Delaware had in the last Congress
'-trie; frderal. member sha will hWve
la. the. ensuing Congress one, republi
can member.. . ''';';"' ;
Virginia had in the Inst Congress
eighteen republican, and three federal
members she wilHiave i the next
Cngress eighteen republican, St four
federal members. ' 1 ; i'
South-Curo1ift'ac had in the last Con
gress," ithre'e republic aff'luid three fe
deral member's ; bhc will have jn the
ensuing Cotrgiss six republican, and
two federal members.---! . -' c
Georiria had in' thtf last conercss
two ref albican members ; she will
have in tine ensuing congress, four
republican members. "' ,' . . . K !
These are "all the states m! winch
(Elections have, been' held. Let these
reiults be exhibited in a tube, aud the
whole ill stand thus :" ', "
". l.atl antr. Xett flnnv.
RliOiie-lsland.
-- o- a
I
1
3
0
Massachusetts,
Newrllampshire,
Connecticut,
New-Yorki
Pennsylvania,
Delaware,
Vermont,
Virginia,
South-Carolirji,
Georgia,
'6
0
6
7
10
a
I
18
3
2
8
4
r
3
3
1
1
1
3
0
7
6
'is
18
3
13
6
4
1Q
i
7
s
0
0
I
4
2
a
4tf 32 71 31
Sr.h is tlie aggregate reudt of the
elections in thee staU. Ilwill be"
rcco'ilccted tint the number of rcp:e-
1
eenta'ivcs tinner the new census is in
creased from 105 to NO. f
I'or 4S,, which the-rc;viblicans had"
ia the list congress, t!w y have now 1 K
Wftile for 22, which the federalicis
had in the last congress, .they have
now SI. ' . .
It follows, that rhile the federa'isti
have gained. 2 members, the republi
cans have gj'incd 23,
The relative gain therefore of ye
piiblicamsm over federalism, stands
as2Jto2. V ,
' To hare pmcrred, thjsr relative
rtreagth,' in the next congress, .the re
ptiblicans should have from tlvfi above
srntes d3,'andthe federalists 42 mem
bers. '
. InsfaJ of which -the 'republicans
hive f I, and the federalists 34 ttiem-bers.-
t -! - ,."
' The former, thcvrlWe, have gain
ed at the rate of thirteen perr-ht ; and
the latter lost at ihc rite oflwcniy
percent, t:; ,
After this j lain ttatentent of facts,
federalism may taunt it triumphs as it
pleaet. The mori h boasts the iiMre
it will lc disgraced j as enquiry will
tatrtby be excited U thettnth known,
w hich, while it shews their misrepre
sentations, will also dememtrs'e the
depression of their ffrcfs. It ittrue,
that In Virginia s fi w ft-drril nKmlw r
have been elected. But bf w hat means
have they succeeded f'Not by. i fSr
and full cpretionof t!ie j-ublic will,
but by the superior lnduvry of the
fdcrU nndidatc and his (s lends, and
by the false security of the. republl
CRns.'n the rtpuMkansof that state
it wat not deemed of grci! Importanre
that all their represenutbes ilmlj V
rVpublicsns. It wss alrra-iy sicertuT
ed that arrest msjoiitf in rongrtss
Wis already secured. This produced
a certain decree of IndilTcrence, of
which frdemUim svs'ihd itnlf. Lery
man f f tnmnwn sense knows that
1 his will often be, as it often has lecn,
the esse with the minority. Confiding
too securely In thnr strrnRth, they
will sihU'R oceatimitt drfratt. fmm
koDerior stratagem and astifitv f
' theTr opponents". Bot put this corsl-dei-atlon
aside, 'grant the' fedemlist
full credit for the acquisition of unfair
; as well as fair rrwftis, .'.what Hthcj.r si-,
tuatson? More depressed than it ever
was before. They have less strength
in our councils," and less confidence
-with 'thepeople, tlian atany antecedent
penou ot their existence. -.- -;
. , ;v:vAti Intelligencer
" ' SAVANNAH,. May 30. V .
We learn that the .ttrtsng,' easterly. .
winds with which ve have been trou
bled a few weeks past,destroyed'mucK v
'of the cotton in the lower country,
sea islands, so as generally oc&asiofi
a second planting. j ;fTliis w.c believe is .
the first time for soihe years that the
'circumstance bas occurred ,.td such, -""dcgre,
but , considerable efl'ects of
'thiswitrd are not' "unusual, balancing .
the otherwise earlier seaspn which the
'lbwe'countrv exneVlences.and render
If the cultivation ni. the black seed or sea
island cotton, as it is usually called, as
likely to succeed in the back country;,
where the season is 'somewhat later
but. more . sure.,1 . ;This circfumstanto
bf climate was some time ago obsefV.
ved tnd recorded in a publicutibn oK
the cultivation of cotton, attributed to. ,
ouf present goyct'hor, Mr. Milledge,
who was among the first to introduce
this valuable staple, as a crop, 'and bt-,
his' experiments and observations, ha!a -perhaps
coutiibuted .equal to any otheV
individual, to extend the advantage
'and promote 't'e wealth of his native
state by this profitable culture. His
words are t ...''-;, -."";
- ' There is little or no advantage i
he seasons,' as it respects the, cottoA
plant, between the low and up cbunt'ry.
In spring; it appears iF any thing the
up country has the at'Vur 117 It suf
fers no injury from the violent, lash
ing easterly", winds that commence ii
the low country about the latter end of
March, and often continue through tho
greater part of April ; that wind stp
dom fails to blight t' and at, times,' tbj- ;
tally" destroys the plant, so as to octav
ion rcplafitine late in Ant-il. ' Tn the .
fall of the ycar,'vcgctati6n Is preserved
i longe'r inlhe ld,r countrf than it N in
1 the upper,'from Uevapbu:s in the'Jow
! country, ana particularly near the sef.
utHi biicucr ci;ciaiion. iiui lorjwo
years past 1799 the lotf country hni
derived ho advantage fiom that cir-,,
cwnslrfiTccthe frost has attacked theirl
with abriipt vioK ice, So as iu .appearv;
ance to stew even the large pod, thj
shell not being'hardehed by the gra.
dual approsch'of cold, and destroy it
altogether; In Ihe lip country, micll.
pods ihc hard frosts open and cotton It
gathered from'them.' . 1 14
- Coutd the cultivation of the blacV. '
seed tottntccomc extensive in the.
back country, wc ncctl not hame thr
inimci se, the incalculable advsntagtt
which would be derived from iu The
sea blarid cotton now sVlU for il crnts
the green seed does not exceed IJ. ; v
1 1 That almost all parts in Gcorgls rc
in higher JiliUfljlhi-n Augusta, would
produce the blarkseydfotton, isprcti
ty vcll established, since - for years j
Mr. Milledge has eultivstedit as a cmji
bn his plantation near Augusta, rn?
finds little or no difference in auslitJ
andhardlraur as torrice e'uhcr htre
or in I'-u.iM", with that raised 011 en'
near the teaiilandt Scverfil planter i
in South C'aiolina, pearly sslih npa
thJi place have, we are told, followed
hit example w ith the same success. '
It is only a fcw years that the cup
tivation of cotton 4hapre vailed at all f
that it ii yet opvn l improvenunls
must le etidci.t s and turtle no c-to iu
fil , . a , . I
jerconldbe made, lhan exchanging
.the long Mtple for the short., Mr.'
Milledge U the firtt succsiful eVpcr:
. wehtcr on the l.latk seed in the '
1 country, and should Uscultiistion be '
I tome more cencrat, it world be at oJ
tl.tr essential iertire rendered l.ii
rouhtry, botltas a pUnter and a pub- -lie
servant. ; V , ' , I
't would rcrommehj 'to j-tnth
men of observation ard leisure, to'
make tome ctpcriincnti on jMsgtoun.r
in different parts of tliststt. It U
scare sly nerestary to rtnsark, thatvn
less the black aeed is kept ertlrc!y v:-'
I arnte from the efeen rrl, in inurc.r
kmd will be plolutcd, dii.wnli toj-ir
from the reth ferre btr tt ,h ettsr In.
edtolhf teJ, "nl vlir t, proHl 1'
would soon be w.t inthsl nut t,nj,c"
n'ulto thr climate.' V '
OOtMJdiOrtrtOOOOC
1 I "WlSMTOPr.NT
TliE lloufe 1 J,nw IHelr., c.,fj
nr 1 f l'f r 1 srl I)o(l-(tf e"
it ttlilf fie rfe1, f I r,f
tljnt. JAM Lb CAUSON.