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,. ;

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