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m Oars ar the Plant ( fair delightful Peace,
Uawarp'J ty Party Rafe to lire like Brother."
ADVERT ISER. ; '
'rx-.--r- -': "X, ' - ' - ;. . .. . v ;,'.
NO
RTH
GA
ROLTNA
WEEKLY
. " : " . " . ' - ' -"t r 7 f..'; . r ?v
; . DEBATE
Oa tlie Villto explain an Act. to prevent any
1
pcrfon who now does, or may hereafter
old any othce, appointment, or autneruy
under 'tne federal govern ma nt, irom
-W 1 1 A
hpWins. any office tindet this State.
IV 13 K JLiLACKLEDCS
B lac kledcs obfcrvcd,
1VX
that trielaw which this bill
wai propofed to amend, includes
petfions exercthng alt omces unaer
the United Sta es. Some doubts
hao been enteriined, whether, un
der! this exprelHon aft) the AiTeffors
lately appointeti under the law for
valuing lands, houfes, &c, were
f included, ahd he knew that fome
. --. 1 r 1 : j . n.
iuii;s naa Decn commcutcu agaiiiu
. Juftices of the Peace who had accep
ted of this appointment, for haying,
contrary to law, exercifed offices
under the United States and the
State at the lame time, ; though they
had never had an idea that they in
fringed any law of the State in ac
cepting of t)iis temporary employ
ment, for a certain nujr.ber of days.
Ke wa$ aware, howeVer, that the,
law flrictiy cqnflrued, would ren
der perfens thus a&ing, liable- to
its penalties. He hoped, therefore,
that this bill, which went to pre
veht iu operation in thi& particu
lar 'cafe, would pals, ! .
Mr. Fisher laid, it ftruck him
as ft range, "that gentlemen fhould
bring forward 'a bill to explain a
law; which is perfeftly; clear iri it
felfr 1 1 is clear, fa id he j if a man
holding an ofBce under the State,
afts under a Federal j Law, he is
liable to a penalty of 160I. and now:
it is fee a that this law.is likely to
f operate, an i attempt is; made to ref-
lie was of opimonthat a perfon
- vrho acccpte.d? of employment un
derithe United States; for the fake
of profit, ought to give Up hisouice
junder the State, lie was fatisfied
'there ar men in his part of the
country, whojwpuld ; come under
this law, and whom he (hould be
'forry to injure ; but, if tht y will
aft thus, they muft take tlK; confe
jquence. It would be thought very
ftrange, if an officer of the Militia
ihould accept of a com mi (lion in
the-Army of the United States,, and
afterwards return ami claim again
-his office in the Militia. He hoped,
I theiefpre, this bill would not pafs ;
than which, he would rather the
law itfelf was repealed. He moved
that this bill lie oyer till the next
General Aflembly.
, The queflion on poflponement
was negatived, i
Mr. Grist faid,if he could vote
forLthis bill con uftently with the
oath which he took on taking his
feat, he would do fo; but, as it
was clear to him, that the perfons
meant to be relieved by this bill.
hadj become liable to the penalties of
thejlaw, to pais it' would be toyais
a rfeti-ofpefltve law ; which they
were forbidden to do by the Conftir
tution, ' :; ' . '
1 Mr. Porter fhould'voje for this
I bill, without apy fcruples of the
Jtind lull mentioned. He cdnhder-
V d a Judiceof Peace as a conftituti-
ortaiomccr, who could not be bro
ken, unlefs for mifbehaviour, ab.
fence, or inability t whereas this
I law fays they hall be broken, withl
out giving tnem a trial by jury, or.
anowing tnem the lame , privileges
vith other citizens. When the of-
fire; of fuch perfons under the Ge
neral Government ceafes. he tho't
thev ou?ht 'tO receive a train Kir-
"employment under the State; He
tbciieved many perfpnslwho had ac
cepted of the ofBcetof lAITenor; had
almbfl been con drained to do fo. i',
" Mrl Fi t z believed many Ju dices
of ihe iPcaceihadlicctfcd of the
apppintment-offfbr,; without
thinking they were doihwrbnr.nor
. - v- j . v . :o
Interfere ' in
Ihe ,bufinefsin the mariiierpfbpofe
py this bill. - he Uvy; !pal?c
e
Veajs ago, .upon"'tHftna'clpJbatl
fhefe. double, appomehtsMiTiiffht
ppomttnents imi
create an improper: ihftueriieeraii
Upon the other : and it m-rsfhiK
fome perfons already! Wt thiMmro
per influen ce. It has been faid by
a gentleman frmltnerfc
Jddice of Pcaee Holds j hisogjce
during life. Be iYfo,his bill does
not propofe toftake la wa!y the ofce
No Judice of Peace caw be comDcl
fed to' accept of any Employment
jvoma ne iay they lfd dpheiwrohg
butjhe was clearly off opi'nioh' it
would not be n 2h t ttoi i
under the United States: but if,
knowing it to be contrary , to the
aws of his country for him to hold
the two offices, he accepts" an ap
pointment under the United States,
ought Certainly to render null
his - State appointment. This bill
goes 'fulrtherf and fays that all Ju di
ces of Peace and other ofheers, ihall
be exempt from all penalties which
they may have incurred from atting
as Atieiiors. mis would have a
rctrofpective operation, by cxortct
rating men from a penal'y to which
hey are become fubiett, and of
courfe be doing'that which the Le-
glflaturc has no right to do, To
pHs fuch a law would alfo be to ef?
tablifh a bad precedent : it would
be to fay, Officers may aft in a dou
ble capacity, and on application to
he legillature, they will be relieved
from thepenalties to whicn the law
lubjacls them.
Mr. BtACKLEDGE faid, gentle
men were miitaken, when- they
fpake of this law having a retrof
peclive operation, It would have
no other effeft than to ire-appoint
Gentlemen to their offices .under
the State, who had a&ed temporarily
unaer tne United states, and to re-
leafe them from penalties not fued
lor;thole which are already fued
forv would riot be sfFe&ed by this
law. . .
Mr, Alexander obferved. that
the Gentleman juft fat down, had
completely anlwered the objections
raifed to this bill as to its retrofpec-
tive operation. He propofed' to
take afhort vievv of the queflion on
cbnftitutional ground. It mud be
allowed, he faid, by all, that a law
palled contrary to the Conditution,
is a Void law. He then adverted
to the law which this bill was pror
pofed to amend, ancj compared it
witH the claufe of the CondUution
which fays, thats Tudices fliall not
be removed from ofHce- by the Ge
neraiyviicmbly, unleisfor mifpeha
viour, :Abfenc, or inability," 'and
declared them in oppolition to each
other- for, obferved he, it vouid
be trilling to fay, that an appoint
ment under the Federal Govern
ment made a man lefs capable than
before for doing the duties of a Juf
tice of Peace ; nor could fuch.an ac
ceptance be deemed a mifbehaviour
in his office. He argued from the
laws pafied on this fabjcQ:, that the
Legiilature mud themfelves have
been of opinion, that they could
not dived Judices of Peace of their
office, by prohji-iting them from
holding Federal and State offices at
the fame time, and by making a pe
nalty the confequence, if they did
f;a By the word rejigning the
State office, on accepting a Federal
appointment, was only meant, he
fuppofed, a fufpenfion of .it during
the time that a perfon held an ofi
.fice under ihe United States 5 if it
meant any thing more, the law
would , be unconditional, and
confcciucntjy illegal. .
Mr. Hay faid, whoever knew
him, knew that he was as jealous as
any man of an improper exercifc of
power ; and he was clearly of opi
nion, that perions who accept -of
. rr. 1 r .
onjees unaer the conltitution, ac
cept of them under fuch regulations
as lucceedmg laws ihall (thereafter
prefcribe.
The prefent queftion, he faid,
was a quedion of policy. Shall it
be determined, that when fuch of
our citizens as are celebrated for
wifdom and fidelity, fhail be ap
pbinied;leiilaton9 or any other of
iCers under the United States, and
mall return home, tho' they are betr
iter informed, and fitter to ferve the
Statr than when theyt accepted of
the Federal appointment, they halt
be mcapableofagain ferving the
State ?; He Hoped not. The other
objcQ; refpeaed Affelfors, under a
latejaw;of thenidSjat who,
5 admitted, were generally, per
fons amongd the bed informed and
thempfb: worthy' bf lit ud; iri ahe
iwmunuy, , wno nad v accepted or
appointment.iwithbut-khowinff
hiiad yiplatxdjahyexidinglaw;
a 6i4Jyc .JuitiAvere :,bugit:' 'againd.
t hefe; men,vi a n d . Wi thout ciuatiye
1 jater fe ter'tiV al;rrable;"they
rj6;uldbe';6
ifvi penaftiesjof the lawhichuh
bad policy, t fi n ce Hi j.s.prbbabfe t ha t
if olSer perfons kzid app&nteil itipa faelktcf1D; & -d retreat cf the.rmi j&A
to the offices, who were lefs; capa
ble of difcharging their Iduties im-j
proper and uqjud valuations of pro
perty might have been made, arid,
of courfe, unequal taxes have been
laid, ,f I
Mr. H, denied that this would be
a retrofpefltive law ; it ought rather
to be confidercd as a law of pardon
and oblivioii ; and whjen- it was
feen that men convifted of the mod
flagrant 6fences againd Society are
pardoned, he truded, that men who
had done important fervice to the
country, Kut.whohad inadvertently
erred, -would not be I rigoroufly
dealt with,
It had been faid, that! the State
offices of all perfons who! had accep
ted of the bffice of AfTefibr, imme
diately became void. And fhall we
fay. that all the als of Judices of
Peace and others, 'lince they became
Affeflbrs, are null and void ? To
do this, would be to create a confu
fion, of 'which Gentlemen feem
not to be fufficiently aware ; and
fince it vas the bufmefsiof the Le
gifjature to pfeferve and, redore or
der, and n t to produce confufion
in the affairs of the State, he hoped
the prelent bill would pafs. - It had
been faid, that penalties had already
attached irpon thefrr perfons. This
he denied ; ihe penalties' would not
attach, until thefe gentlemen were
profecuted, and th;billtwas mten
ded to fave them . from thele profe
cut ions. " 1
Mr. Fitz obfervtd, that he had
faid that this bill, if paffed , would
have an" ex . pod fafto j operation,
which was denied by the Gentle
man lad j iip.. It is true, faid he,
that actions already : commenced,
will not be afFccied ; but.it alfo fays,
that no pehalty (hall be recoverable
where luits have not bedn brought,
which inidicatetf clearly that the pe
nalties have been incurred; arid
fuch perfons as are fued Will fufler;,
and others will not. With refneft
to the conditutionality of the law
which this bill propofed to amend,
he had no doubt on the" fubieci.
The Ldgiflature had Certainly a
right tornaike fuch regulations with
refpeft to; the conduct of judices
of Peace as1 'hey think proper.
Mr, Benton faid, if this bill
were paffed, the difquatifying law
ought to be repealed altogether ; o
therwjfe it will appear to operate
upon one part of our citizens, and
not upon an other. He in da need
the cafe of Colonel Hunt of Gran
ville. If. this law paffed, he and
all other perfons fimilarly circum
danced. ought to be reindated in
their offices. 1 ' -
Mr. fCf Jokes was in favour of
the bil!f He thought its reirofpec
tive operation" was guarded againd,
by the exception of fuits already
commenced. Judices of Peace had
frequently, filled the office of Affef
for $ to make all their acis void fince
their Appointment, would produce
bad confequences, and fuits would
be innumerable.
Mr. Hay faid, that Colonel
Hunt's cale was different! from tiiofe
contemplated by this bill, becaufc
he received his appointment imme
diately from the Prefiderit of the U
nited States. ' I
I I Mr:.:Ck-6 R'did '.;not ijnderdand
Gentlemen who " came forward and
declared thjis bill not to be retrofpec-
tive j ir it, were, not. he did not
know what a retrofpective law was.
He took a retrofpettive law to be, a
law operating uborn f6me!thing done
previous to tne palling of that law
rand cerainiy, it. this bill goes to
authorize and ratify-the traniactipns
brtiidices.ofj Peajce who have accep
ted of Federal ofSces' it i is of that
naturei ; But Gentlemen fay this
bill is merely to reltore; thele ju!r
ticcs to thfeir former ftandings, , He
faid, . therefwais no occafipjarfor this,
fihe, by reading the law, it wonlci
be foun d they are not difq ual i fted
It 1 hadjl been faid, that!,the law $if
qualifying' perfoqs from holding
tncie ;cpfubje appointments of the
Stte ifid .'Jn'dffate 'has ah un-r
cftituticinaUaw f'foj it xoutrj
Vofi:tfpcl6(;tbev-6crfon8' in! quedion
If the objefib was merely to redore
theJuftice whojiad .thus -afted, to
heiricesifhe thought it unnei
fCBanrtf .finie;iie I found" nothing
uiuiu wuiwwvuc man uic appoint -mfMaglltrates;,
It reauired
jiuiuuig,uiuic;tnain a ,reconiTnendar
trift; and furely this would be a 1
more eafy way of reinltating thele
Gen t lemen in their '5 offices, j than
by pa fling a law for that purpofeV
Mr. Laoey laid, lo nr as this
bill refpeas Judices of; Peace who
have acted in this capaCity,Uince
they have been appointed lAfleffors,"
he was in favour of it; mucn time
had been taken up in (hewing that
this bill would, or would not, torm
a retrofpeftive law. j A retrofpec-
tive law, Mr: LfZcey ODiervea, was
clearly defined by the 24th article
of our bill of aights j where it Js
faid, 4 that retrofpettive laws, pu
nifhing facts committed before the
exidence of fuch laws, and by
them only declared 4 criminal, are
oppreffive, unjud, atid incompati
ble with liberty, But this; does
not fay any thing againd repeal
ing or fufpending j the penalties
of any law. Thisbill does not pro-
pofe to make any act a crime, which
was not fo when, the act was com
mitted; and this houfe can certainly
repeal or fulpend the operation of a
penal law ; it is frequently done.
The two things, he faid, were per
feaiy didinft. 0
Mr. MARTivhad no objeftion to
the bill, fo far as it relates to Judices
of Peace ; but it extends o all other
officers, Military as well -as Civil,
whiph might create much difficulty ;
for, faid he, fuppofe a Militia Offi
cer, fhould be appointed an Officer
in the troops of the United States;
and after his place had been fuppli
ed, he fhpula, after a time, relin-
quifh his fervice in the army, and
come back and demand his former
fituation in the Militia, would it
ever be fuhmitted to ? It could not
be expected that it would.
Mr. Alehanper obferved, that
the bill did not go to reindate tbefe
otneers, out merely to taxe away
the penalty to which they had fub-
jected. them lei ves.
The quedion on the paflage of
the bill was then puti and it was
rejected 56 to 46.
ENGLAND.
From the London Gatelter OB. 9
Downing-ftreet, Oft. 1 g.
DISPATCHES, of which the
following are copy and extract,
have been received from Lieutenant
Colonel Ramfay, and Lieutenant
Colonel H. Clinton, by Lord Gren
ville, hjs Majedy's Principal Secre
tary of State for the Foreign )e
partment. . L '
Copy of a Difpatoh from Lieutenant
Colonel Ramjay to Lord Grenville,
dated
Head. quarters, Schaflfhaufen, Sep. '30.
MY LORD, '
It it is with extreme regret I in
form your Lordfhip, that an attack
has been made on the Allied Army,
the rcfult of which has been favora
ble to the enemy. The combined
operations of the Alhes, of Which
your Lordflfip is already informed,
were intended to have taken ppce
on the 26th and 27th ; and fix batta
lions of the I army, commanded by
General ICorfakotf, wei eN detached
to Unach on the 2th, for the pur
pofe of increafirig the force dedmed
to act in that quarter. The enemy,
who was,- no doubt, apprized of
this circumltance, attached the
Ruffian Army on the 25th, at a ve
ry early hour in the mbrni nz V a
brifk attack of the rriufquetry was
heard. on our lert, in the neighbour
hood of "WaUifliofen, accompanied
by a cannonae on pur right, wljicn
appeared to proceed from the neighr
bourhood of Baden. .The attack on
our left 'Was intended .merely for
tne purpoie or drawing the attenti
on from the true point ; and the
enemy paffed the Limmar in great
force, fin the . neighbourhood of
Weinengeny between Zurich arid
Bladen; v. By thiis mahceuvrc, they
broke the line1, in that quarter,- cut
off from the army the eipht battali-
ons under-tjie Somtnand bf Gene
rals Markuf and D.urafof,r who were,
podeU between Weinengeti and the
Rhine v and, after leaving a corps
for the purpofe of obfervincrand at-f
tacking them, theyafecnued "the
jiimattQwarasrzuncnt r 1
r U A regiment of dragoons being, ,in
confequence - of vthc detachments
tnat jiaa Deen lent away, and tne
the part where thepaffazewas effec
ted, the enemy advanced, and atri-
ved in the neighbourhood 01 cm
rich, before they experienced any j
refidanciebf cpnfequtnce: thbpjaitt
in ' front of Zurich, between the
tiiriimat anjd the ; - heights, whjcb,
running parallel ; to the Liramat,
form a continuation or the Albiso
the North-We(l, being dcupied at
the fame timeby a line of their in
fantry and cavalry whoi witha very
numerous train of Artillery,! attack-"
ed with great vigour the troops in
fl-ont of Zurich, and prevented
thir cletachirigao their inghtj the
point-on which the great ctrbrts ox
the eneray were directed; At a late
hour in the forenoon fome reinforce-
mcnts arrived on this fide: of -hc
Limmat j but the enemy were alrea
dy maders of fome of the ' principal
heights which command tne -f town;1
and hotwithdandine;, the bravery
difplayed by the Rufliarisv in their
repeated attacks, the fuperiority in
point of force and pclition.on the
fide of the French, rendered it ira
poflible for them to regain that '
which had been lolt.. At luniet the
French had made themlcives matters :
of Zurich-berg, "ancU nearly fur-r .
rounded the town, 1 - .
The attack on the pofition . of '
General Hotze had rather terminated
in favour of the Audrians, but Ge
neral Hotze was unfortunately kik
led at the beginning of the action
and General JPetrarfch, Who fuc-
ceededto the command of the array-
having refolved, in confequence of
the lols he had luitained, to avoid
the attack which he expected, next
morning, retreated in f he night
from yznach. Xheutuatipn of ihe
Ruffian army was rendered dill
more critical, and it became abfo-
lutely neceffary tb abandon Zurich,
and the pofition in that ne ghbpur-
hood without delay, un the sbth,
in the morning, the retreat took
place, and the whole arrived, . ia
the courfe of that night, in tho
neighbourhood of Eglilau and Schaf
haufen, without experiencing any
lofs of confequence -during theip
march.
We have to regret the lofs of be
tween two and three thou fa nd men!
killed, wounded, and miffing; and
ten pieces of cannon have, with a
part of the baggage, fallen into the -hands
of- the 1 enemy, A nearly
equal number , of French cannoa
were taken by the Ruffians, but the
want of .horfes, which: prevented -them
taking away their, own, was
the caufe of their being, alfo obliged
to leave, thele,; The army under
the pommand of Gen.erf 4JKbri'akbf
is at prefent poded with its right
to Eglifau, and its left tq : tjie lake
of Condance ; V i
By . a letter juft received front
Field-Ma rfhal Suwarrow, it apT
pears that he ha taken the Mount
St. Gothard, and is at prefent .adr'
vancing along towards Altdbrf and
dpnweitz. .7"
I have the honor to be,
RAMSAY,
Extract of a difpatch from Lieut,
Col. Ram fay, to Lord Grenville,
daLed . j ' - '. ' ;
; v' Ieadiqvarters, Schaflfhatfejj, ,
'V'"' 'J' ' Sept, 30, i 799,
Your Lordfhip has already, no
JOHN
doubt, rcceivd;account5, jtirough 1
France, of the calamities-::fwliich:
have befallen us in this countrv. 1
in which ouf lodes; have mod pro T
babfy been exaggerated to a gfeat !
degree. Aware pf this,j IWpiiid
if pofiible; havefent your; lior dihipt
an earlier account; butitvas Itn-. I
pofube for me to, give;Vi;torlreft?
ftatetnent of. things, whicH Waf
much vorfe to appearance hen the i
army fir IV an i ved here, than at pre
lent. ftf,-;.iv- 'yfic rri'-rk;
uci mi rcirancn nas reireatCd. ,-,'
from edirterent pofition
pric& and Rheinech, 1 where it t iii
fuppofed he iias atreadyj 'inekks-'
PKinr, rmriA fWJo C C.i.'.. L . .!',(.
land may be con fide red at cotnpietely?
evacuated for thejprefert j t' is.th
more unfortunate,-as ihe;uccefle
of Ficld-Marfhal 3uwafroV wbujd
ha ve- rendered the fucjcekDfhe
proiefted operation 'almbftcertainl
if we had fortunately been. able Cio '-i;
rexam our pqinipru f-At prelent the ? , 1
Field RlkrQialtttalSon ,
dered very cniicalif itylnouca I
4
1
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4
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