(VOL. I.)
T HI
(NUMB. 23.)
A N D G E N E R 'A L A D V E R TI S E R.-'
Wanted to Hire,
By the Months or lotfge^ Term^ .
A
ot age.
N ACTIVE Negro B07, b«»
tween twelve and fourteen years'
Application to be made to the
PRINTERS.
Wanted,
AN Apprentice to the Cabinett
Making and Riding Chair bufi-
nefs. Apply to
^ JOHN NUTOT.
Wilmington, July 23. ai—23
TO BE SOLD CHEAP,
For Cafti or Produce,
q-^WO valuable PLANTATIONS
A at the "“White ’Marfli, Bladen
County, containipg 900 acres, the pro-
the
deceafed. For further particulars ap
ply to H, y. Richards, or
ARCHIBALD MACLAINE.
Wilmington, July 16,178 8. 20—
Notice^
W HEREAS, by^^^of the
honourable thj^^^^H^qui-
ty, in the fuit the^||||m^ng,
wherein Severin Erichfo^^TOmpIain-
ant and Samuel Vance, defendant—
It is ordered by and with the confent
of the parties, that the Matter in
faid Court do forthwith colleft and
recover the debts diie to Samuel Vance
or Samuel Vance.and Co. Nptice
IS hereby given to all perfo^ indebted
to faid concerns, that they call on the
Matter, and pay therefpeftive balance
by them due, on or before the firft of
September next, when all perfons fail
ing therein, will be fued without fur-*
ther notice.
Thomas DAvisfC.&M. E.
Wilmington, July 2, 1788. 18—
I S
L L A
A
A Comment AAV on thc^rft Chapter,
of the Law made, in the year one
thbufand |evei^ hu^i^ and eighty-
fix, with Observations political
and ufefuL
B V A
Wr iting Paper,
FOR SALE
By the Printers bereof^*^ *
MODERN COMMENTATOR.
(excluded,)
, Generai, Observations.
SUPPOSE in the aft which taker away an abatement iB ap-
pMls, by the death of either p...ty|' when the advantage of
pica hackaccrued prior to the e:;ifttnce of the above aft, and
th^udge give the claufean exaft lir^al conftruftion, by virtue
l£f^P ihort fentence contained thtreio, “ in ali courts what>
%|pr r* k U clear as the fun, -nat this conflrudion, like a
two edged fwddl, would do more ex.xution behind than before,
and dived the party of a right whitr. had accrued by virtue of a
precedentlaw. This Is a fpcciesof txpcHf&at laws#||iiicb the
conlUtution declares againd—a ft r - a.Tficntal which thtt '
is fo fond to make all taws correfp.. td with. Here it is like-
wife clear, that in whatever l>a.ge i j proceedings are ftruck by
that claufe, it mud move foiwuid . d not back j and if it fhoald
have no fubjeft-mattcr to operate i >ji»n in that dirtclion, in the
name ot Gjd, do not tom it back lAicfa would be as itieat an
.(vVy, as iiatuiat "woriu, lor the
fmaUer (Iream, when it becomes uiiited with the greater, to take
a contrary courfe. Again, if two are iudifted fever^lly for a
joint trefpafs, and thefird tried,found guilty, and the judge not
fijffer judgment to go againft him, becaufe the other might then
avail bimldf of his evidence ; becaufe there is a prefumptioii
againft his veracity (which by the by falls entirely within the
province of the jury) and becaufe the authorities fay, if the per- •
fon had been cleared, he might have been evidence. One would
imagine upon the principles oC reafon (upon which all
laws jure faid to be built) t^t if one has underwent the jddg-
ment of clergyable felony, and is good evidence a f»mri in a
fimple trefpafs j in this cafe the party lies under all the difad-
.yantag« of the law^and crudly wittoeM from its benefits.-— '
There is little odds betwixt this and mtxptfi Jaw f if the
fubjeft had known that he could not hav. bad all the privileges
of tlie law, he would not have been liable, and that is the pre-
fumprion in the other cafe.
In every crime, when judgement Is gone forth, the privities
of the fu^.u^ (unlefs exprefsly taken away) are ezaftly in the
eye of the ihme, as before he become liable.
Againtsn a trial frv the recovery cf a debt, as is mentioned
in a certain aft, for ttting away intereft under panicular circum.
ftances, if the judge ftiould prder tlie term of intereft to be ftnick c
off, without any kind of attention to the circumftances ; might i
he not u wc^.take away twelve years as well as fix. The fix -
years are of no kind of effeft by the aft, unleOi the circum-
ftances apply, and if a judge can difpofe with riie ciicumftances,
^he alfo may with the term ; but, perhaps a judge friay find it
in bis account, to make a number of fimilar de^ifions in this
^.cafe, that may be adduced as precedents when be comes to pay
off his bond-debts. This laft cafe appears rather a wildfup-
pofition, and conrequent|)r of Ijttle force j well, let it be fo.—^
As far aa.itis out of the line of probability, in the fame propor
tion wilT its weighj^e in the iiluftration ^foreus.
Thefe fuppofed cafes are defigned to illuftrate the abfurdily of
Wbat-d'ytrcmU-httnt placing the^preme power inthe joActal
branch, when we fee they mxj m fo far, when the road is pre-
vioufly marked by the legiflatve. The Farmer, (for 1 now re-
colieft the fignatum) appears to. have been execut^ the fore end
of this tafle much bettertban any other part j—the.nariative is very
pathetic—4he manner iA; which the bunches of briers woe
broken in upon—the profimation of certain pofitionsk-che old
apron feverally pendant, and the materials empiqyed for un
hitching the pitchy garb, are (1 fuppofe) all that can beextraft-
ed as pearls out of fuch a m^s of rubbilh. Hia mental prawefs
has as far inadMuatti. as the mufcular ftrength of La
Mancha's hero when^w ftormed the wind-mills. And upon
the ground that the cafes hold,^y^. are not competent to
the talk of direfting a boat craftAd with lumber, when in the
haven, how Ihould th^ iieer a Ihip freighted with jewels through
the pMhlefs ocean ? ^
To the legiflature it alone bdbngs to move forward uncon-
lUy fuperior fpfam, without a re^ponfibility
tever,-.no fnrthtf than found policy may frdta
'~,^and of thisthey are the foie and exclufive
the great fecret of acquiring andjireferving this
io^fiqieri^ty—attending the«trero£ the Plebeian mafs—•
foothlK t^f ^afifidnSf wbenfern^ted, and on the whole by
de(^ ^d plaiMfl^ulding me aggr^ate exertions^into a blefied
TiWO*
trouled in
in any yj
tiine
jud^.
‘^lorioi
fubfelflncyj'
aivtJys Ure to pay a neceflary dcfference
to the pop^ daft in the legillatare, as f have already (hewn
has been ddhe } which is fomething like (if we may be allowed
to iUuf^ce great things by. fmaU) the country-burn cramine
the lnlhmen with pumpkins, while they regaled themfsiveson
melons j the lattw eftimating the compliment by the fuperior
magnitute of their repaft. On fhe other hand the judicia
powers jue to follow at a reverential diftanre, interpreting the
law adding to the meaning and intent of their fuperiors. and
ifj^ujties occur, a folemii paufe is to take pUce, and thus
rodlaia.frU ftart^^ the mighty intervention of the legiflature.
For to toat ti^cdidcnt power it alone pertains to unflicarh the
fword oflegiflative omnipotence, and fever thofe gordian knots
that otherwife refufe to be untied.
The defign of this digreflioo, you may fee,«vas to evince the
certain aUovvanccs, and to difpel thofs interveninjc
tog^ ttat might otherwife have hung upon t!ie fubjed by the
Farm^s doftrme, both of which purpofes bring fully anfwoed.
we will ftrike into our road again. *
The only intendment of the aft, as I before faid, was to pro-
□ tore ubabitanu to eflhalice thofe territories,—the only founda
tion capable of fupporting a rcfpeftable fuperftrufture j for it is
to unmutablepofition in politics, tliat the riches of any country
ism proportion to the multitude, and equal di.ftribation of its
inhabitants. Now how tbe aft under view will have this effeft
srithout literally hurting the conftitution, or having any
kind of retrofpeftive operation, I will proceed to evince.
In the firft place, tbe general rumour of tlie appointment of
to army, for the proteftton both of the plase ani emigrants,
aibl the eleanog. of a ipad fit for tbe palfage both of wae-ons
and carts, which laft you kifow^ long been a capital cTbjee-
ti^n in tho^y of die more Wealthy, who would otherwife
eongrate ;^Me drcumftances will have a wonderful effeft,
and aithotf|h with refpeft to the read being cleared in the man-
nerfpe^ed 1^ the aft, there is a moral certainty it will not ba
doi\e«^l^riine, but yet the bare prcmulgaticn of the act will
ifilhiffiice^ matter with a confides aV'ie degree cf-e louforrs
Ad attAripbito tbqjjatter fort j as for the p.- ck lio ib !j's, who
genmlly^fwallow thi.ngs -s ti.ey would wi:^. ih_re U not the
leaft doubt, but they wlh be allured in grc»t multitudes, to
foch a lengbt th^ jTvetreat w.ll Ltc..*T)'* .mpr^fticable. and tit*y
ineviubiy comeui.aei every pcihbie njotivo todellrcy ihe Indi
an tribC}, when, ii the greater numocr ihculd perifli in th* cn-
terprize, and they can be very well fp .red after i!.ey have an-
JwercdthealfcVeend, bring generaiij an u„rtfin.-J gang, a^d
mimical to that fubferviency which wc wvu’d vlu, to br>»
. about; the aborigines and prefent claiaia .ts of t'cf- Jv ds*
touft be entirely extircated ; ard this is t!.e only way it e-i-
donc,(towil) by the above charaftcr under the perfoauo^f
that they are fighting for their own interefls; tor ever life thac
is loft and every drop of blood that is fpiit, adds to^the v lua
and worth of thofe lands. If the ermament Ihould bs cj fi>e-fei
on the way and drop into-the fett!emcnt« in fmoil deduftsd
and riuj^Jurk alx>ut in the more fecure part cf the
toimtty; yc^P^ in a great meafure will have tbe dtfired
toeft. It IS nie indeed it will raife our uxes. in feme meafure,
for if the calh anfing from the lands fet apart, for defraying th -
expencc,tpiove iofafficient (which you know in reality was never
^^ned^ to rrife a fanhing, every proprietor being prepared to
flielter himfelf under a caveat, which is a bldfed and providen
tial interierento to thofe v^e piofpeas are the greateft. in re
lieving them from a difgufting and enormous burtiten) the trea-
fury.muft be dinned as in other cafes, fo that every interefted
perfon, or not interefted, is making our fortunes to the Weft,
tod not a foul of them can fee it, if we cenduft wkh forefight
*”*|5*j^*** ^®'*n*y lie open to the animadverfioiis
of the difapiminted philofopher, the political theorift, and thu
proteus cleric, by (fay tb^) making laws tending to deftroy
that equality, which conftitutes republicanifm, and this is one
as it tends in its confequences to throw tso great a propoition
of property into the hands of a few, who in time may lord it at
plcafurc over the many, See. Well, admit It; and it wUl only
be laying, what has been etcmally, will be while human nature
is under tte prefent ceconomy; as far as hiftoiy or tradition
reaches into pofterior periods time, is no hing but one confir
mation another of this truth. If the whole human race
were * mathematical equality with refpeft to proper
ty, fiutlTOie gre^ variety and complicated digreflion which each
individual is poffefled of, a ray er part of the Divinity, this
equally could not cxift a Angle moment; therefore, whoever
would be for deprefling all to a level, would in faft be doing
nothing elfe^ than fighting againft the difpenfations of heaven.
Has not ability and addrefs, or the fuperior endowments which
human nature is capable of taking, generally direfted the cur
rent of events ? Witnefs, the cor.tcfts betwixt the Houfes cf
York tod Lancafter, as a fuperiour fliareof^^s divine imprefs,
fliiited from tbe one fide to tbe other; inuxaft tbe fame manner
wa the mode of fuccefSon to the crown frrtlcd. And an af-
fomblage ^ of endowments, meeting ii|. tbe mighty Cromwell,
enabled him toefieft, what even at rids flifttoceW time aftonllh-
es the philofopher and petrifies the politician. But fuch cha-
occur, and the one we have mentioned, remains
unequalled, and is- undoubtedly one of the greateft that has yet
come forward on the ftage of humanity ; from all which it is
clear, that we are doing what always has been done, and that
fro^ the nature of things, will necefilarily enfue and coofequent-
ly ifgiht.
Tho bulk of the people look upon it as an advant^re that the
lands totbe Weft, (whither the road is to be cut) Ihould be fet
tled with the prefent inhabitants of this ftate, never confideriog
that every perfon who emigrates leaves our debts fo much the
heavier, as he canics fouls and property with him, and confo-