Newspapers / The State Gazette of … / Oct. 27, 1788, edition 1 / Page 1
Part of The State Gazette of North-Carolina (New Bern, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
Til : a?-.'. ' fc. " ' 1 w : -r'4l . n 1'.; - ' . :E D E R T O.N: Printed by H O D G E fcr W I L L jS;' , Printers to the State, W whom Subfcrip- ' 4 whom Subfcrip- 1 tions for this paper sire taken in at 25s. per annum, and advertifementsof no more length than breac the fird week and 4s. forevery time 'afterwards 5 latgerjohes in proportion.- yoLv.ni. M O ' N D A Y; 'O c t 6 b e r 7,' 1788;-, U MB 147, ' : Mef. HODGE and WILLS, 1 IN Mr. Murphy's paper of Wednefday, the 9th of April, a perfon under-the tignutu're ol jiA-Jurymanl!-invokes-the attentiorr-of thr (public on the proceedings of the General A iembly refpeing Thomas Vaii 1 he begins1 with, marvels, and if I may be at liberty to ex prefs my fentiments on them, muli conclude as the great poet, "with forhe. little variation', that they have brought forth mice. Was there a caufe for' wbnder that the General Afiembly fliould have entered on the journals the grounds of their pioceedings, that it might redbund. to the fttisfaclibn of any perfon who was inqui iitive enough to read them ? -As to a memot i , al that liad nearly brought on an impeachment, It is equally Falfe with his. wonders ; nor do I recolleft a fitigle recital in it that was not fup ported by Undoubted, pvoof, nor a fmgle allu--lion that reflected the lea ft d i fcredit tohis Hb nbur Judge Sfenter Ytaiftake-"aontenng" the verdict and againft the intention cf the ju ry cannot be denied. A nd can it be poffible that anyman; t'who entertains a moral $r po litical fentiment, h6 is hot deluded by paffion, prejudice or ignorance, willundcVtake to al ledge that an" entry in any. proceedings' fhould be regarded, thougfrit'be pofuively falie and con trary to the intention and exprefs declaration of thole Whom the allcdge gave a lanilion for it? A belief of this Icind muft at once fuppofe that the ftrokebf a pen cr'whftake of a Clerk, ihotiU be validated in preference to the pofitive oaths of. the jury.- A perfon polfefled with an opinion of this laAi I hope will embrace'fome mode br convincing the world thattheir pro ceedings are infallible which will be an illu mination that they are at prcfent at a Ibis for. He fays that U.e interferente of the legiflature was illegal and uncohftitutional. Itcannot-be- Tuppoledlhat there yvas any member of. the le gifjatute who would not promote the intereftof his country, perhaps fooner thanMri Juryman. What an accumulated - ftock of-impudence 111'uft fuch an incendiary have ?--How ought fuch a prophetic and omnipotent bainaV- ab- fence be regretted in all matters of -doubt and niffitultv- -one whofe knowledge arid renins it fufficient to' preponderate a nation.' . But alas, the fault perhaps is on the fide of Providence : J.t . 1 . ft: 1 ' 1 n . ' uiougn it is poiiioie tnemiitaice wan more pro priety may be charged on -his fellow citizens, who have not penetration enough to confldef him competent to the diicharge of public tru ft, otherwife they eould not have derived them- public that whai he has unjed is falfe, and de- iigntd oply as an impofition, I will lefer.tbem to the XlXth fedion irTth'e conftitution-and Xlllth In'thTHill of rights, and then theyw ill nnd that the ueneral Atlembly have done no; thing, hut what they hadniifolute right tp by theftandard of our liberties : the cpnfti tution .v As to impeach in 2 in an improper fo- fumas he calls it) the records of a court of' pftice, he certainly at the time of this expref- Hjuxoum not nave pollelica his intellectual fa culties, for the court themfcWc let afide fuch entry from a full convi&idntharirwas wrong, and not having it in their unwrr fiffpn kniirc if.' &r the jury vveie difcharged toTeveffe it ;""du"iing jjfhi uh-fpnee (hey had been fubjeel to the cm. waccs f of- many difingenuous and bafe minds, in order to dilfuade-theni irorii diflentinc to'an entry whlclV they had done at the bar, before was put to paperrwhichrthey.hare depofed j and this faft is alfo ccrrobbratM hv the fiKf. rff, who counted them after retiring. After thefe facred truths, which many are acquainted with befide thbfiwha 'fare depofed,' would alk if ten thoiifand me were to fwear that they did not Kear' them, if it would or bought to make any'difterence as to the facl if it was true then, it muft be true now, and Will ever remain fTbC6 J8 L ?1 idea pnthis, point "thatTvidently appears , to thofe of the fmalleft capacityV tnat his Honour fudge Speneer was not to blame for a thing he sd id not heari and confeqVently the 'defendant not bound by the laws of the land for a tra'nfa&ibn that was at leaft grounded on a miftake, or accident, per haps at that time invifible; vAs to the depofi tions bing taken tt parte1, Orin i corner, it s a moft eggregibus falfehbod V they were . taken in open court the fa me term of th e trial , cb pies- of vyhieh', with iall the records relative thereto, were trah fmitted to the General Af femblyV and there acknowledged by the Clerk to be .'true ; there were fome taken out of 'court that related to the trial, . it being impoflible to have them all taken ih?cdurt by . reafon of its "was not timei . As to the gentlemen who coh ducled the bufinefs being in a hurry, if is as vtriie as the otlier allegations of Mr. Juryman Its- origin before ; itsZdeterjninatibh was nine days, aiid ,'theb therVrws' : but bliftehtihg Voice in the whole Hotifc. of Commons, and that was bVthe,mejliifluous'1-HV was then tranfmittedHo the Senate and the next day was concurred witli' byjiearly the whole hoxifei. riAs to. the iiiipropi ieties in the refolutiofi," I muA confefs thenoft i'uperficia) fcholar wonld have.dilfcerned it1, Without the alliltance of an Argus-'eyM Juryman $ nor was that piiblilhed a tre copy of the biiginal without the addition al drefs of the - xwho Ii fuppofe put it into the hands of the Printer. Krmit me, therefore MeC Printers, with as little iritru. iion on your paper as poflible, to give as com pendious a narration, and that itnetly confluent with truthi-ascan -be-dbhe- . The defendant, in November 1X86, was in xclittd in one bill which contained fw,o charges, thatjpf forging, and pUblifhing knowing i.t to lit forged j on this iflue the whole fubjeft de pended. The day afrer the bill of indictment was found, the defendant being as I fuppofe luureucu uciuc inougius 01 navmg- any cnarge of the kind; immediately caiiie to trial without having a fingleVitnefsj but refted his defence totally on the teftimony that might be given in ; hehalf of. the' ftare ih6 jury after- the . ufnai proceedings iame to the Wr and were counted 1y the Sheriff, and alked by the Glerk for theif verd it to whith they anfwered by their Tore- man, that the defcndant.wai.not guilty-of the- lorgeryi but was guilty or the publilhing j thefewere the exprels wordsj the jury meaning as they. have depofed, that the defendant had - paffed it to another -perfon "as it Ind pafTed thro' fcveral hands befoie the deftndajit had pafied iti and not confidering that the word guilt im plied a crime. ; The Judge by : hearing the word guilt mentioned, diftated to the Clerk to enter the verdict as guilty of publifhing the bill or note knowing it to. Be forgedthe jury hearing how the Judge dictated to the Clerk to entcr,the vrdicl, at this moment anfwered by j their toreman thatit :, a ;noti theiiv verdict or -meaning'."-They not receiving any anfwer from the Judge (he not hearing them) but be-. :ing fomewhal Confuled, and' thinking that' it was entering as, they intended it, and perhaps not underftanding the technical .words ofif cne defendant was required to give , ball, which Jnftantly-diftlflfed tothe -jury. how. the verdift was enlefed." " They then proclaimedjt tOjMr. -Iredell, ""who with great emotion and his tifual 'delicacy, earneftly 'infifted that the' Judge Ihould queftioh the jury as to the.fecond pait--of-the entryr to . whiclvltha-Judge- anfwertd4n -thefe pcfittVT words, "tfifafr he was alone on the' bench, and .would not wim to have any thing done that :nigW ; And I fifinly believe' that he :vas not at this moment aplrifed of the inextri? .cable, difficultieswhich that momentVegleci: .would draw on : for it wal im'poffible with any degree of propriety to refejrid that entry the next .Vlay by the fame jury. Aibraclice of thij caft would totally viciate the fofemnity of a tKal by jury, which is the only colour of liberty that we now poTcfs.-rlt is no&rious that his Ho nour Judge Aflie delivered If s opinion from the bench io November termy 1I787, that frbni tlie face of the edto atquitjhe'de rUMW'M vt..w t'-i':....ii..-.- Ji-ii -1.1 .- : -- . nui, 41 luai inirc iihu an cxpianauoil. .;- 4Th5; General' Au convinced that tjie pTofecutidn was conduced with a fjrit bf malignity 'Wforejgn-to the .purpofe of doing public jufti and could not deny 'pronouncing the defendant acquhted, and cers ai liey ;thoHt moft eligille A trial did lake placV which ho man will onyi and it could noj have eenxnullity nich tie Ju Jges them" relveji invjalidated new trial after an , acuittancUU;knon. in a criminal cafe by the laws of the land tie indifpenfible" rights of juiy; the dutoaudge as limit ed by lawiand the powers ofxfParliament or Afiembly, are called fonh on thilfubjecl aVthe firft ihftance fince te late revolutton which tru ly deferves the obfervation of th community. The hiftory of each, is extenftvandj hope that 1 ifhall hereafter be permitteditooffWr a fpr obfervations on the animadverfonlof Mr. lu- ryman, which 1 mean to 00 not Kvjthout pic- .1...: :. ..1..' . . .t .1 11 11 - . uutiug my uiuuniies, 4iuai me wpna niav le capable of forming a precife opinfehj without calling to riiy aid either falkhobdslbr Impoliti ons, which are truly as unbecoming as theyV are unneceffary pand it is to be lalhentedf that Mr. Juryman is not properly kno4n, that thi public mightbe able to ltamp fothe creditor-, difcredit as to, his real imjjbrtancejland not to ifkulk apparently undr the ground If a Judge or other perf nahd offer hisentimefits colour ed with blacknefs; inftead of mentioning his authorities whith might Command inpre repute and attention j and hot becaufe he his perhaps been treated with deferved difiefpecl;i1fet up hig . commenta In oppofition to the coijuuft of a country,, which if It had -treated hii't with as -little charity as he has beftqwed gratitude, he mdftjohg heforethis have iubmitted tl the dire -refort of Deroetuall v Co 1 fci ti n tr a Hi ften r. (mri that very fource, which he now has arrogance) ' . ' A M E M B E R:, . IP A. XTwt r TP T ' " - A J .WW A lj 111 C - II V A3. 11 11 WZm .1 i .... - A . PUTAIST in paths has as liftle bre- -A-- !-: : t... .r t. ... t r :.- .. L - .-. i j. 4L. UH. givca iu ins on-ivana iweunng, .as a commori proftitute, vhenfhe bridles vp,. acls -theprude and lectures on chaftity. lybuir feemipg fcom and fpurhai the Soldier aid Ci tizen'i is but a poor evafibn; It is true: it is dt"' clumfy performance jt charges heavily ftahd ;' forward, anfwer"! . give reputation .to your 182, who negatived the Iearhcd labour p'f .thc?'ii choiceft worthies "of our Empire.'V Produce to " public 'view your thoughts, your' wifdom . vour obiefliiing tn the cod h.inHpd usfrwin'th"" Federal Convention; or like the grave digger, " Hahiletixonfefs yourfejf : Or in ahi'anlvi--: t a. -l ,.,k'.li.ra wrr. ' w nuncii manner, maitc xuc uck apoiogy in youc power. - ,V- kr.. You are a member of the General AflTemWy have unbufthened yourfelf of the burthen ofy beincr a'Councilior of the ftate : call ibe-ether, -a embattle Vournayxmidons4iead-an'd ccmraand 4 4 -.. - them, redrfs, jf poftible, .your errors, bring :!-.-.-E t 1 v, 1; .. ....... .. i ,t :; d r . yV 1 ; Ml : V1 1 mm . - 4 - l 1
The State Gazette of North-Carolina (New Bern, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Oct. 27, 1788, edition 1
1
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75