t'vr
1 v;
eould have noright to issue suelT orders ;
: and that having; attempted to controiil and
ill cute in matter$ ov er which the laws Bave
nbt invested him willpower, the orders
themselves could n6t be considered' merely
as- ah expressidn of the vill or opinion of an
. ' !-- j j..'" . .vLi L-.i-L'..ii.
jnaumorisca luuivmuai. . 4 nis oejog uoacr
stood it results 'that a cammander ciunot,'
: . by roTe ,yrtue oinis iiignityj dejmve nis
officer and troopsVitho"their ..asenibf
any- natural rjght he
lias not been empowered tq legislate 'Jt
, wilt not be denied then: A imagine"; that eve-
- rv man xias natural riencxo nis own nair.
vjdjhtfcil weoIly Ws prbpertjr by gift of
'. paturti as his hands, feet ears, eyes or teeth
; Of this natural appendage, indeed, on
an v 'other:'5 then m av set different vai lie
according' td their differeflt tastes of prua.
ment'j or Ideas of comfort St convenience.
to object on the" score ofatsieing a petty
cohiidcradohVTl would just suggest at this
laoment that a si milar order to the one now
in question for cutting "tKe hair, issued by
;Pyincfr!EdwamBntaiafw'ervlng in
to respect-an order it to be included
Canada, had the effect of Tproducing a mu
A 'tiny ampngjhis ; troops, which nearly oust
JiWhisTife.-ahd 1 -compelled his departure
tn r.nmina. ana vet no soimer concemcn
- in this imutinou$ disobedience -was ever
v brought to trial," exception who had made
without some Authority therefor, can there
be any argument ;wny t we snouia le con
the hair.;
tiop, ii or jor any act 6f priyaton whatever.
'or cropping the ears or slitting the oose,
1 for shaving the eye-brows or drawing out
Jthe teeth. If tnosefo whom the ferder is
addressed chQoae to iollqw : ts lashion (&
I am far from blaming others who may have
chosen to do so in this instince) heir as
't enttheiisupplies the force.of law, - But I
jrejpeat it agaift'that unless he whv ptoduce
his-power, the commander, cannot compel
obedience, without being guilty of an act of
despotic usurpation.' Among the soldiery
this cpuld only tend to discontent and tu-
v . jmiilt, for they will erer expect from ther
cecaphqt be cheerful and efficient' where
'.. nf Is not just or reasonable. Without cbr-
."rect principle ihtheone therewCanbe no re
gular subordination in the 'qiher-1 ra.nd.aU.
thjygh they should be arbitrarily placed be-
,y?nd the protection, of the laws, ihe fact
could ;not establish the-Bght howcVier it
mgbt.excite that abhorrence which an ho
- - orable mind evr; fetlslbrtJtanTlyTiB
whateyef shape it comes. : :
. lf -therefore, gentlemen, I have not at-
tended tq th4 order of the -50th of April,
1S01, if I hsrve oot cut off my hair either
- from some' fond whim or because unwilling
to be affronted under certain pe culiar cir
" cumstancej;with''eveG an appearance of de
gradation, , pi-perhaps because grown grey
with others of my brethren in arps I have
contracted some, attachment for this!,badge
of servie, & ami on that account now brot
tt triaK before you, however you might
think of ic as philosophers," as members of
this, court it is in your province to enquire
: whether the .order disobeyed was grounded
rth an ; aiilhor!f1 nrvw-- in tht mm m
e in chief, "without which indeed it ceases
to, pave the essential virtue ot irn order."
-.tthit"footirig;W,has- himself .placed it,"
"rithsjfee' has himself referred as a question
for your cognizance ih the cbrrespqndence
fcef.veeQ us previous to my arrest, here
a he spsaks of a tribunal to deter mine between
us, aud by o doing he has in act acknow
; ledged aif lIuveJbeen c'onten.IiDg for as the
. legal limitation of bis powers, and the ex
tent to wiwcn he is to be obeyed. I he or
der itself has been recited to you-;' It pur
ports to regulate" the uniform of the hairf of
wlnAx the general would give the xam
; ple" ;' ; Or? so serious an occasion, I am
tutuituuiuiuiuu, Kciinciiicii . jur nir iri
' a . ' . w
Cing purpose of observing how loose and J
uiv,uic, mu uuw niiurauiiie even ,tQ ijfr
own oJMcci 01 a unuorm cut ot the ha
nusf an order We,'that;VeferS as 'stahaard
to the general's. on crop, which few-per-
f; aons.Ippt under his- immediate command
. t -
?nf. R:it (tunnosftit til hav h-n m -U-ar.
tv'l . '.r'l 'i1'.',. . .1 . .. '. 1- iv '
: v htwuw m w icav room ir mistaice,
j suppose lLrcltevetl lrom that strange.uncer
:r"tain;ty, which is aivvays the Consequence of
;wandering beyond , a positive plesTribed
Vnle of actinn Iff tia vimnii ti'Vi.it nr
. not the comraaaerm chiei actually had
..j. - - . - w iiv, w 1 y vt
g wjwio rt wnairven ; Ana nere, mat
I maylnot seem nrecluded from contesting
.'.the DOint nOW t'V a nnsH-! inftnreiiirn lll'a
j. CTcruimiumii nis power in mis resnect
it may. first br proper to declare that in ap
i Phah for permission to weaf my hair after
' u 1 - . v 'j , w
hot my intention to makp. any such admis
sion jiMndeed you mustbe cotiyiifced frOm
: :"
tance 16 sUsltihiB 'Uaia'ct'teh't thV
armv.I felt no disposition to bring on a
-useless controversy at die time for' a right
which rthe general waw retdy to grant as a
privilege, 1 the only effect of which I. mw
would bev to 'dissatisfy others who the m
aelves cared very little about conforming to
:&ft mit ? : ' 'V : :;"
:'t i "What was that really r imjuced" hi m to
withdfawfiaty
in thji? line oranyc6mmande.?s duty $ to
Hgrant and revoke at pleasure, Jt is not for.
jncto
proper respect to jour common head, and I
will therefore presume that his reasons were'
the" most weighty; powerfuUnd interesting.
it is suiacieni uuii CJliUjjc iu m unuu,
nopfevibas act t)f mine had led to "the prK
ent investicauon,"rin which ho alternative
. is left ins but to defend myself by demand
ing where and how the general was author
ised to impose ah xrder such as that of the
SOth'oT 'April t8QX? 'Ts'he'authprized by
forge'of any thing in the terms of his com
mission ? No ! For therir gentlemen', we
miffht all be equally "authorized. ? Is he au
thorized by virtue of any general military
powers I I apprehend not, smce -to Con
gress.the Constitution allows,-'' 1 o mate;
rules for the government' and regulation of
the land and naval forces," -which ftdra
time to time they have made) since by the
same " instrument-" The President is
Commander rinvhief of the army,n and
tince from neither can there be produced a
the, whol course of the subsequent deuils,
that 1 always mean to deny,the power of it
should it become necessary to do' so. Bat
aerated 4jy a other motive than- a reluc.
provisions. In what way
the power riowclaimedt'of did the gene
ral mean to tell us, when his after order
of the 2d of August he asserts ithat"- the
cut of the hair is' as essential a part of mili
ury uniform as the. cut of the coat, the tu
tor of the facUigsV&cY' But even admitting
this,atid admittmg lor an instant an order
Tor 4 thc'cutf thaiP
the power to regulate '41: military unifor m'
I ask has the general in other arti cles a po w
er to regulate, our uniform ? his he ever at
tempted to exercise such a power in any
other case whatever ? and when it has been
his wish to introduce a change of dress in
any particular, to alter or improve any other
item or uniforn, has he ever tried it by any,
other mode than by a mere personal request
or recommendation ? or can there be found
in any. part of the orderly hook a command
from the general about " the cut of the coat
Or the color of the facings iM, 'If there canr
not, and if however anxious in sunflry o-lhetpointsxaryJiraddt
he has contented himself with a irurepri
vate expression of his wish or desire, it
must surety have been because he knew
himself that he liad no power to issue aiiy
Order whatever to thit effect: The general
must have known thii, because that power
belonged to and had been exclusively exer
cised by the President of the United States,
communicated through' ttrfiecretary of War;
As evidence of this I have now in my pos
session, what you mu have all seen, gen
tlemen, a complete set of rules of " uni
form for the army of the United States.,"
dated January the 9th 1799, and signedjjy
the setrotary of war 44 by commijif the
President." , 1 his paper tuny establishes
the fiat point, vwi SuppoBiog "the cut of
theTwir an" essential, part of military uni.
for m," and of course to be regulated by the
same pbwer71?et tlJe power docs not in any
wise appertain to the general, but has been
and is the property of a higher department :
ind it aho establishes anotiier point, con-1
j trary t6 the general's notion, ' that the5 cut
of the hairis notan . essential part ol mili
tary uniform, for in these rules not One
word is said and no direction whatever is
given about it, . - Indeed it is hard to con
ceive how that,;which is a part of. a man's
persbn,"should be classed as uniform with
the dress which is " merely a coverirrg for
his personG, liO W natural gift or right
should bf coursejbesjohjet to the same con
troul and OwJinasce a that which is mere-
h' artificial ? Or becaiisejthe proper authori
ty can direct what sort of a coat we ere to
wear, or. might direct that we should wear
ho coat at, all,' that, therefore notonly the
same! authority but even -im inferior impro
per 'authority can direct that we shall wear
no hair atailv or only so; much otitis suits
his taste ? . this I appryhedj- is no less re--pugnant,
tocohtmon .Sense.than it appears,
to have beeh-to the.gcnerars-own consci
ousness in issuing .the order." ' For why
employ arguments, as he did to recommend
if to favour ? whence the necessity of:pro
mhrfig' 4:the' general Would give the"tajtt-.''
pic" of sacrificirig his locks I Tahd wiiehefi
the use of subjoining that the 44 measure
had been sanctioud-in America' by the
first military characters of the British and
American army, - that it had beeu recom-.
mended by the ablest generals who have
lived, and had ben adopted . by the best
troops in the world whence,' I repeat,
4henecesstty statingaj
general , been conscious and aware -a the
time that he might persuade, but had no
authority to coramand .whb-r there is au
VRorilyo 'command j the s Jyl& is generally
f osi tire and imperiUvev for there is no oc
casion tor arguing wnen you can iqrcc -7
ljutwncre uis lcutnai. noming ihujc
be lawfully done than to recommend, then.
there may be need or observation sou ar-,-.
gument to gain a recommendation respect
In one oboerystion indeed, employed fdr
that purpose, by the general, he has remind
ed us o a fact, which may serve strongly
to eenfirra what, I have already advanced.
I mean where he remarks that. 44 the mea
sure has bee.h;sanctioned by the first milita
ry character, andrecommended by the
ablest generals who hayejiyed. True I. for
not only the first" military charcter, but the
first character who has ever livid, I belie ve
sanctioned a similar measure ; that is, if
I recollect right, our reverend Washington
at some period of the revolutionary war
once 44 recom mended" to the troops to have
"their hair cut,! dd not precisely remember
on what account, but we' may be sure it was
on a proper and expedient one. -3ut gene
ral Washington did not . pretend to -any
thing more -thau to- recommend j he did
no affect to issue any positive order for
TralnmaTure;f6rid erertrresTaTiyjotBi"
cer,. and assemble a court -martial . .to" try
him for 44 disobcdience.'Yet,wkh all due
deference, I presume it no disparagement
to believe that no man sorely ever had a
betteramderstanding of his own duty and
powers, that no man ever knew better how
i& perform the onr and exercise the other,;
and that in a right sense, of his' own true
dignity of character, he connot even at this
-time be, surpassed. ,.1 An irresistable infer
rence then arises, particularly considering
the urgency of that crisis, that the iramor-,
tal hero aniHionoured patriot, -whose soul
now rests in lieaven, -but -whose memory
will ever live, and whosefaithful judgment
will ever be respected, did not himself con
ceive that a commender had a -right to en:
join any order for that purpose, except
- such as was merely reco mnjtodatoryi A nd
it is in this feht at best, and in none more
strong, that we can now possibly consider
the order of the 30di of April, 1801. As
a rccommenaatory oraer inereiorcf it oe
eOmes one 'about which every officer was
at liberty to use his own discretion ; which
at pleasure he. might or tnightnot regard
according to his own feelings, the senti
ment and circumstances that peculiarly in
fluenced him; and for. a non-compliance
with which he is ' answerable only to him
self, but cannot possibly be punishable as for
disobedience, ' since- a refusalto pursue a
mere recommendation is neither in fact
nr in contemplation 1 of mUitary law any
disobedience at all. In" thls opinion you
must pardon me. gentlemen., for imagining
that the general. has too. much intelligence
not sincerely to agree with us., You must
pardon me for suggesting, that he has Ta
ther betrayed the same opinion' both in the
time and manner "of my arrest, and in the
formation of the additional . charges pre
sented against me. Two yea-s had elaps
ed since the date of his order, when he
thought fit to revive tle subject, and for
the first time' as it respected me to dictate
acquiescence; But as I did hot conceal
my detei minatiuu on this head, distrustful
pi obly of his authority to4 subdue that
detiination, or perhaps welUtndwing
tliHJtt: real! yJiad i nu such authority, there
might be the greater necessity to call in the
aid of other conipltints, ..and to hold over
me a fancied rod of terror speciously ap
plied as from a difficult, extensive and re
mote field of accountability, the combined
influence of which it might be calculated
would effect that obedience to the order in
view, which the want of legal validity in
the order itself had not been able to effect.
I do not impeach the justice of this policy,
and still less would 1 venture to reflect on
Its mover but I barely mention it to you
as a probable ' truth, rOm.which you are
eapablu of drawing your own deductions.
If such was the policy, however, gentlemen,
as it did ndt then Succeed on me, f olho'pe
'now after a careful scrutinv of my conduct
"arranged in the otherspecificationsi no rca
sonwillbe left why tt should succeed wJthjou
To that scrutyiyI willingly submit myself
not with fear arid trembling, gentlemen, be
cause so long in the habit of plain dealing
it would be out of all' character at. this
time of lifi to say that I tremble, when in
jatt I cannot but feel bold in mv own inno-
Tmcc-aiid cJaii,ient id my 6.n rectitude.
ctjiU c6nfcslJhat3
Gft Bargain of Real Eflate.:
-'7'7-rr';;' r.
' ;-,' .. For Salt in Cumberland County, ' .
umes more trying passed through my ca
reer of diity witlwut reproach, I had never
calculated 5nbeui reductd iiLthe. dbwtv
hill of. my days to the pVedicameot of this
ffiotnent,-redu'cedf gentlemenrto the mor
tifying conditiou of vbeing . obliged.- to an
swer, as for disobedience of order, in a trust,
Vhtreinjt is no arrogance to. say I know
myself rather entitled to. thanks for a cbr-:
rct and Successful discharge of duty with
-the most . complete obedience. But the
calculations ot man are vain, and the pride
of . his hope every where perishable 1-1 have
HO tight ito eipect all exethplidn" from the.
common lot of human disappoinjimeot..V -,
. Col Butler then proceeded on "Cie' id
and 3d .charges, and concluded.
A NEW Saw and Giift'M, uoo Acret
XX of L AND. of which' 30 or 40 Acres
it sceKeD;-1elow;'itoaerp6d' oce.ah4'
Pitched, -wluch can be 'ovhawe4it PIcafure.
Tberf it alfo J5 Ace of Twd faod cleaied
SDd under Ftuce cear th MiHbere tBfte ig
a gjodDweinag: Houfe and Out-Hofet, Gw
des, a hrgc Bate, Stalk and Cow HouftiTAr
njr Perfoo inclining - to pufebafe, way htv
Stock of Cattle and Hog, , Plantation aaij
Mill Tooli, Otcft, VVaggon anfl Cert,.. sl
200 Acre adjoining or ne tie above, onf
lAile from Fayetjeville,".. and pear JJlount'i
Creek. . .
150 Acrrt of Land near Tapfy Johnftoii'i,
ao Milca above Fayuenlie, ntar Capc Ftar
River. - - - j !-"- "; -: ";'V; -1 '.
IKFAyETTEVlLLE:--; -,- -
' 'to Acre of Land on Mumford Street, Le
inan Entry Vy, Daniel Ray ab 6 1-4 Acres
lately Johua Hadlcy'rr. f ?
V a-Actea, a Lot'on tbe Worih Side of Mum.
ford Stieeti ceSr Joho EliuV
- A" ?torCi W aTeboufct-and Lisff -tm-fiof
Street, at prefent occupied by the SubCcriLer.
TKereis a well rtnilKed Houfe withfoui P.ooros
Upftirs, a lare Cellar iiJer the Store,aud
two Warehotofcs. ''"..' '.",'"''-'.'
. A D welting Horjfe, large Warehoofc, SraJ
ble. Kitcra, Smoke HouCe, Garden, &e, with
every coavenieoce for a large Family, on the
Corner of Giliefpie ind Rvflc) Streets, up
lo a very lage and .'comntodtoua two jxtety
Duelling Houfe on faid Lot, now about half
tioilhcd. ' " ' . ' : . '''-;";' . ' '
' A Warehonfe and Lot in Cair-pb'ernn, rn
the Squaie near MrDavjV-DwelU)g Hcefe.
A JDwelHog JHoufe tnd'Hiuei Y hop oa
Bow Sueet on leafed Ground, a' prefect occu
pied by MeCVi. Goforh nnd Mufhoi'aed.
A large tA-o. Stoiy Honfe, Stone Cellar cd .
Lot, on Bow Sicet, a good Stoic &rd Stand
for Bofiaefs, fifsr Mr B-ker'i Tii, oUtipi
ed prefent by j. and S. WiUiaonV Merchants.
Cottoo MichJoei GiUt Mill nd Lot, rear
the Lodge, a'-compleat Dwf Hing Honfe near
faid Mill, ocenpfed by P. M'Anhur thi wtil'
be fold on the-l & Dy of May , at -public Sale,
at the Court Houfe, forready Mosey, if not
before difpoftd of at private Sale. -
. .. ; In New-Hanover County
' ' A Plantition of rHarrilbn' Creek, 16 milci
from Wilmington, 'B8f"gab!e for Craft of atiy
bite, to faid Place, where the Tide tlbi and
fljws about two Feet. '-640 Acres of good
land, ioO pf which ts 'excellent rice ground, a
fmail part of which is cleared and under ft nee,
and little inferior to any in the country for fer
'ittiiy'rnlietr is irdwclKt-Hagfe-.:' & fowe oat-"-Houfcd,
good Mill (est and tuuch.Saw Mill
Timber at hand, the range for Cattle St Hoggs
is 'caeeHent, the didaocc to the found 01. fei
(liore is about 5 "miles. I.-.-: ' , ,' , J
400. Acres pf prime Lod; 8 miles from Ale
above & 12 mHes from Wirmmgton, heir Top
fail inlet on the (Wood, commonly called Porter's
Neck, two fmail folds aie cleared on faid Land
and under tottrahle fence, fome fpall Houfes
thereon. This Land is of the very firft quality
for Cotton or Corp, the greater pan being good
Hamock Lar.d and capable of producing icy
kind of Gtato. The rang? Tor Cattle & Hogps
is very ,jood, plenty of -.xcellent Fifh andOrf
ters at the door, this ft a Wealthy and profitable
fummer retreat pleafant in every rcfpedqtii'.c
open to the Sea. . . .
In Bladen County ,
1 2S0 Acret of Land on Colly's Svp amp', fr
miles from A Alton Barn, and about'tiirce mi!a .
from Cape Fear river. This i well timbtred land
with Pine Light wood and Turpentir.e tress ia
abundance, fume of it i fit for cultivation.
Duplin County
aooo AcresofLand pear tie norlli4 tsft "
branch of Cape Fear river a few niites above
Rockfifc and on both fides of the road Itadiog
ftom Wilmingion to Duplin Court'Houfe, this
Land ia well timbered and good for Tar and
TurpeotiBe, aud Tome of it tolerable for cultiva
tion.. - --'
The term of payment will be" made eafy to
the purcbafcr. . Apply t Mr. Ewn Jone is
Wilmington, or to roe ip Fayetteyiile..
I will alfo fell by whokfalc or retail,a large &
general affortmet of Goods, aj my ftotchereon
very moderate termsj for Cafh or Cbuotry ho
duce.' ' . . '- ' ' ' 'v.
All perfona indebted to tnf ?o any tnafir.tr,
will pleafe come forward before the 1 ft of Janu
ary next and as ke payment,, olhcrw ife furits
will be comtueuced.: I V '-"'".- -
. DAVIDTAKD2RS0H.
Faytiitvtlki yh Mttrtb, ICaj, V
NOTICE.
I-Expea toleare thisState iVaiewaKt
l and probably for a long time. Havrnp afitl .
as geat lor Mr. GeratJ Banh n Wsterfof
aearly three yean, where ("the trar.ralioflji"ar
been very confiderable, I am dclirous and reutl i
that all perfort who have any tranfioes enit--tied
with nie in this bufinefs, flionrd immediately -come
forward and tdjufl their sccounts, fo that
in my abCrnce, there may be no csule for ecu
plaint relative to the 'faid traolailbns under n ? ..
All rerlons aavtnir anv rlii'mi oamit the
-rS.; e
care
concern, oKjHjfelf are reuefied ta icnJcr them
far . fettlemwt widiput delay . .
. - ;.;.v . ' THOMAS, FAKlStia;
' Walt tovnf,')lfqj 11, 1804. ; .
n-
I
ii
''.'f's '-' "
-v.
.At
x
' i,. ;