Newspapers / The Raleigh Minerva (Raleigh, … / Jan. 13, 1806, edition 1 / Page 1
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v aj V7 O T HE '5. r pa r U Ik if iV Two it A HALF lit" It. PCX P TWO BOLLS. FB ANN. L . 1 r - t PUBLISHED (weekly) IlT WILLIAM BQYLAN CTWOBOLLi. Pit. ANW. Paya' ff it Akontr. .- Vol 1 .: 10'1 RALEIGH, ( Ar. C) MONDAY, JANUARY 33, 4 80S. ttw5JV'!i'' www" iimiium Circuit Court of the United States', N 0 K.TH CAROLIN A DIS llUCT. iORGE XVm. COVENTRY, Trustee, Josiah Collins.' , ) . This causf, which has excited so mch interest io the state, "."..end which, we noticed in bur Jt, was brought to .recover & trie; of land lyig within the d strict of jhe EtriGrtn vilie, and is a parcel of h.t' territory which was chartered to Lord Cme et by .K.itgCr. II. The plaintiff deduced by craat, trin date ia 1744.. Tbf proprietory claim, de rived from Cir. II, had been surrendered ta the crown, and a Rrarrttaken for the sito Urtds naS$c ; and whether the gr..nt contdned. prerogatives or enfy thrusiubapfvif ance to a fee siaiple appeared to be the. question witS the ,Cur and ajthit poinjjiung the decision of the auae7 ',' 5elj7InTungnp, this suTt, was merely to try t!ie princi jJe ; aad should the plamtff u'ttmately succeed fee jw I! claim ainhe lands within his d '.trier not g anted of CCCT-JT - ca 07 the Ute .arl UraOTilIc or his ancestors. Upon the close of the arguments fridge Vsttf. addreffed the Jury and remarked,; that the meanest l feKnnd a fair and rtnpattiat -trfal pt.hU'."W that it was pcfiiliarif the dury at the Court artd'F ir to divest themselves, as much as possible, ofiiBi4J wninrr rrom iavour or prejuaice tnat it wji jJlf ticularly necessaryjn the case before them, to fuard a;:aim;t such an influence, "as popular clamour had been loud, and sentiments of lfie raerirs of the cauie preconceived. He therefore ad vised them not to cor sider the national chtracter of the pirties, but to feat them as entirely unknown to them, or to consi der rhem perfectly equ 0 in pjint of favour. 7 Mrthen informed the Jury that they pSssc?sed the Tight of -finding either a general or special verdict That the latter wa a finding of the mere facrs and re ferring the law thereon to the Court ; and that the former was to compound their verdict of the law and facts; He observed that though it were hi wish as ?n nMiyi iu u, mat in determination ot tn-s court opinion my' possibly be, ill was formed by the beft lights cf my mind ; and i haVe.ar least the consolation offeelmi ihat ii is an uor ctit tine'' 1 hfiijjit pt. the n!ain(iffdt stood on the twelfth of Febr u t y 1 i 7 TS?ftett$id eni t d i hihe a r g u ment, oecause it appeared i- oe stuff actor uy provea : mi: it was contended that he hadince been, divested of his title fr one of the follpwih catast-s : uc. That his title vvasfeslfd in the state by the ef fect of the revolution ofJJiiKof Kighte' , sd. I hit it was confiscated. d. That the piaiiulf was disabled by alienage t hold lands. i ; . 4th. J hatheyasbaTredby (he ftatcte of limitations If in the grant trttaTclag Cjecrge the 3d to John Xrd Carteret, therff is any transfer of sovereignty of the tfovernment, ritperff, or temtorul nfrrs ot the lands in question jfthen the plainf oerrainly wa divested by ttic 1 reatyii Peas, to say nothtnfjot -the" of this tta:e. If therfe was neither overejmy nor Aim . such ohr was saveil b?me Balof Kischts, however it might be affected afttiVardk ' Jf is ithportriijlisre1 fore to know, it any ands.'haj Royal inimuniues were bestowed upon itdCarttfet(a,fteards ljd Gran. vilfe; bfthe jrranf -;..'vhl ihil knowledge will Lead us After granting and con6rn4 the -land and. n-vn! privileges ami Dp.mftenanceafio me.urantee,the ciause rut s thus, fi together vi'h?ll and singular the l;Ke and as -ample rights, privitges rouu..u liperties, iinmunties, and '-oichi,K. tyi ' within the said one eighth part of the w-.rkprovincs or terri tories 6 divided, set Ou' andlkTited the ?aid J lm Lord Carteret r.s aforesaid, in as ample mawierand form auh-ii-l John. .LcrdJCsrterct, toother wi'h the si-.id Duke of flsaufo: t, Uc.' (r.aming lheiev;-ral I ,r,r&6 proprietrjrs) any orjeifter r,i them could have held, used or c 0 joyed the' siby vines of thes?id letters patent. C:c. cJrepr, everthels, out of thh grant the pov:rs of nmking'lavvs, c?.jlinj;.oi holding of A'scmbhes, cfaitmB oi.iiKtice, appoir.ung Car. a, then 1 have no hesitation -irnsayiaffi hat" Ks right vas preserved by the saving rbuie in the 25 section. 1 his opinion, however, i declare wirh much deference and respect for the deep learning and solid j'lninent ot a gentleman, eminent in the iaw, who, t I lindetstand j has ruled the contraiy : bvjt as his opi nions have not a binding force upon this court, snd . as I cannot adopt them without an entire surtender of my own opinion, I have no alterna tive. No reason or argument is required to furport the? position I have laid down ; the voids of the provo are simple and comprehensire-not in- -capable (as it appears to me) of misconstruction ; and hy the generality of the expressions, the subjects nl Great 15ntain8elUMheitiEeiitfertJQa certainly included, I o restrain, the f tnerality of theseeypressions, by ether 5atts of the cocatttuiion and by the supposed intent of the Convention, col letted from extraneous circumstances.: has bev the labour and stv;dy of .many ; tut none have succeeded to ray satistact jonr 1 n -tnisra-wiuiu jAc-as nunc i should undergo a revision, so thir the aw m u be JufiK ur .fu-'lt-c;vp .T i " S I C Z settled ; yet he would undertake to advise the .ting title pf honour,. making P " tt r.r haveiw, ilftdtfaVpeciaf veMxt me7c cr t TZl fa3 aronUn mm for carrying a the cAuDthe Su .kinaud erecting cemwieh ad ' fCo thm too, that the. principal . reason for a special .fatin$-cmesv ware ,U.;V - jji-v: -4 , ,u verdict wanting in thh case: he wis rfoV .PJ IvSf cb-e the law to them as he understood it, an J that the mi it;. making war k probability, as that which he should -deliver..-on-a. special verdict ; but that they. might take whichever course they tbonat proper, whether by (i iJiiv; a special verdict; or by finding a genera! verdict, con cining or not concurring with the opinion of the He then said, thit the charge which he was about ; to give them, he had prepared in the lorm of an opi nionr" tn-ordcr-i nt the trtmnscl-Trrightrtiiiderstand; distine'ly the reasons for that opinion jic then de livered the following In CHARGE: deciding a cause of much importance, even be tween individual whose rights alone are to be aif vcled, it is.to be supposed that the Court must posses grea solicitude, lest, by a misguided judgment it may do a wrong to one ot the parties, for which it may re'ent when it is too late. - How much more mast be the concern of the Court in the-present .case, where on the one hand, nolNonly an individuiVroty Ik gready irijured, but the national honor que&tiorvd ; and 0:1 the other hand, the rights of thousands depend upon the decision. ' -. -;- In any case of such general concern and,public ex pectation, Ishould ponder, th mth the case should be eear y I shouM hesitate, though iny mind doubt ed not i and 1 should distrust my own ju Ig-nent, though ! had confidence in its powers. Embarrassing, fherefore, was.the case now under judgment, which bad created a contrariety of o pinion am ng the most learned in the hw," and had shadowed my owrfinteb Jects with much doubt and difficulty. f his weigj)f and difHcuby was greatly- increased too, by the hiss of thatjpjdance and support which ! fondly expected, and, but for the peculiar situation in which he was placed, I shoal? tiave derived from thepfiiet Justice -BuL.hard;andnpleasant as the task was, t he, im pulse of, duty bore'-down all d:ulty ; and by the .Jigrff of the -cunseLp thought I- perceived the truth ol ibe Came in liteg-atioit. . : - ofdcinv:. u&incr, ortxercir.gany otiuir merero;;a liveltV pre-eminences rights, -juri -dictiVrts and au thorities, of, belonging or relating tohe administra lion of the governnient of the said one tighth p.irt -f sad provinces, Sec to have aud,to hold the jaid cme eighth part, &c. snd all otKeMhe nuaftfc, fnmchi, powers privileges, &c. except as before excepted." 1 hese1 except 10ns are numerous anu toniprencn cessary as it would be tedious to to through all 1 he . negative. reasoning against this restraining principle; but r AVill endeavour to give the true consrmoKaj o this section at it- regards the present plaintiff. :'i . t believe that the pontiff possessed royalties under ; the grantffom George id. fyfi thert fair to suppose that the Convention "enienaid the same ofjiipn. Indeed ihe grant itself was imrjlied-naticeof thoiact; -it was a public and notorious thing, of which the Convention must be presumed to have knowledge. They. moreover had express notice ; for as eaily is the year 1748, the rjrant was recognized by an Act 61 Assembly. In this point of view, Jet us sec if the plaintiff's title I is aitecteii uy me oiu cu jviku:s. i c uuijuiwu'n of North Carolina, like tbofe of other starts m the Union, autresthe entire sovereignty; oftlie state, j and places in the hand? ot tne collective oooy ot the people meaning the cinzens thereof. ' It declares 1 that all po'itical power is vested iCand derived from Lrhe people only- t hat the ptfe of this State ougijt to have the sole and exclusive uynt or re'Utatingine internal government anfKilic'e thereof that no man is entitled to ; exclusive or separate emolumer.ts or privilw from theommimiry,.but in consideration of public sei vices and, that the property of the in a i tee covernmcnt, being one of the essential rights . oj the collective body of the pp!e j therefor e all the ; territories &c. are the right and property of the pec j)ie .btUmsm he hdei Jthein msovertignty. Wow,' tfiis con$tkutlon must operate .tfp6n-ile pre sent case in me oi the following way : m. It must strip the phdiMifl's n'rht of all its tegaha, and teivc the mere fee timplc preserved by the prpviso ; wmciri rMm&finiigiTse whole riht, by leaving itJiutaed. Cr 3rd!y, It works a total destrvuitrontof the rigbJ.- i ' ' 'i hat the plainiifTs royalties -J'avc been sever ed from the lreehold, so as to continue the naked fee firnple inhiml admit : but that it ffl done Icahnot believe. It would not have been an ordinary .thing, therefore, ifit had been intended, it should have been . 1 ii v? ihuti hev ateat JaiUiothing more t ban ex ceptioh so c x pressed- rJaeoyaiUcs.iviLreei?gta!li:djWW id trt rrnihbehr5fl tbp .i-marhvn3it4 nf the n lamtilx's title: .and a man 1 "not to.be divested of privileges appurtenant to unless be be Nor is uch a Kintr'.ii rirerooatives: tor it wqu'd nave oeen -iaie to . . . . .1 i L.I J I... -. I icfrt rnonc rr-nr rtatrt irvtaitif witnan excepuon as uwu as lairecuoiu vy any pm- muv u- 'f't"t,rt rVtv thar an excenfion which ! also Tuivrkted of the freehold- ltselt.; I C KIJIili (luoui 1 - j - r . : . 1 1 . r - ,, t..i .. . . . 1. - 1. I ' ii.,th thn tnmf nt til. Kill r r lis 3 constituent parr, is cquivareMt r.-.e mn-ger.i u consi r uci 1011 cujim 1 cui- ym tJ r V. is not an eav hing to enumerate all the prerogatives Rights, wmcn manes no pamai ccpnvaiifu, out and rcpa! dignitiesiof a rrKiarcb, whese power 1 to dlstroys the riht completely, unless it be supposed most purposes imdefinedif airmen instrument : (o he included in the proviso ; and to fuppose imt m nor at anv rate can it be supposed that thc,siicitorithe present case, would leave the plainufl s title 'ota,y -. j r..ii s .5.. i... If I a-ttf riot informed upon the furject ths'a'ijt. is roy own : tor allthat was necessary to b Waid m argtu 'ment on either side,', was dimply expressed by the vftnsetat ihe baf rexpressed too, in terms forcible; in'methcddear;.3din imagination ,.'.bi,)ld.-iAntf it Is to this .instructive argument that I owe much for the information I possess upon, the subject. Wii h this advantage, I have made it my business, a it was my duty, to assay the varioui poinrs on which the -ciUse migbt posfiljly '-turn.' and to analyze to the ut most of my abilities, the true matter of the case. In : doing this, 1 have followed ihe order adopted by the counsel ;'" but as my opinion will only be delivered on ' rif nf fbi" nrinte rnrl Tri tUi mic I sbnli vprv rnn- ' " - " v- v r ' "IV. W fit 1 1 IV, vl l.lp, J whn'drfwihi.t'erantuaiinld ara Jell wuwieratfon.-V The exceptions may potably comprehend all t:.e ?rrct prerogativeof the crown ;vbut they certainly do not include all the fcrita pTeTogatives.y A Tea of the latter, and such as snpear not td beincluded in the exceptions. I vill hereundertakeo enume rate. No cost's can becovered against the King his debt snail De preierrea Derorc mat a suujcli where the tMe oHheKing and a common person " -- M 1 ti L . f-.A - r 1 V . concur, the King s title snai oe prcierpa , 110 tusiros can be "tuadeli pon the twtng s poraessions ; - no entry will bar the King; in his pleading, Jl'cneed 'not plead iitwjictedi consequently be wcutd retain his royalties. Then,' whether his right is wholly preserved or whol ly destroyed by the Bill of Rights ; t or rather whe ther he is included in the proviso, is. the qfueition. i tbinkhe is nut included in the proviso ; but that his rightis totally destroyed, in drawing this cone u Mon. I take it for granted, as-! think 1 have fnewn, that the plaintiffdid derive, at least .jidfomat preroga fives from the King, by the grant of 1-44; and tne r, in my opinion, are sufficient to answer the defendant's Can 1 1 be suppcsed r har t he f eople tcmR to an irrA Par liamenT. as a subject w bound to dd ; he . t . , j . . l : j t .is-potgounu to join in ucmuirei 10 cviuctc, ujiu imc CourrTmay direct the jury to firjdhe matter specially ; he iexempt from taxes ; ne never can ne a minor ; if ariverfO far as there is a flux of the sea, leaves its channel, that channel belong? to the King; he is not bound by an act ol rarliament, unless he oc nameq therein by special and particliiar words nullum tcmpu-t , 'ccurrir'trp.ir&nd Ttianyrother regafif of like import: Nqjv let us consider the j$aintifF (vho deduces his title from Lord Carteref ypcne5Sffdth6se royalties -' a parcel of the grant, an i see if he was- affected by the Revelation or the Ditt of Rights.- - .. r ". 'i'he declaratjfedbBltigh the Unljcd States were not the 'feww consequence; of the Revolution, any. more than the Constitution 'of this state was : then, t cannot perceive the -least1 colour- for the supposition that the 'plaintiff' was di verted by .the mere eifect of the Revolution, utiles; it be upon the grduhdof alienage, of which some no tice will be taken in .sjrbper,p!ace.'-2"'l" 7 i .;''.-. The Bill of Rights m Nortji-Carolina, which. is part nfTthe Constitution of the state, how presents itself. Duroose. themselves the entiTejSoveieiKDty ot thehtate ar.d.cle clarcd the territory thereof to be 0ni rlht and pio perty ; and ytt intended to. perrnit an aHcn, invested with regalimtriunitics, to hold a large portion of that territory, .without . exhressinc such permission in 1 It the convention who formed this inrrrument consi dered theF.arl Granville as a mere individual or sub ject, disrobed of all the- royal dignities andfranchises- tjidy touch upon the others. Full cf error as this which (he possesesd under-the Letters Patent hoini plain terms ? Or that they declared tic property uf the Foil in a free government to be one of the ert.ttai rights of the collective body ; and yet meant that a great share of that soil should be htld and parcelled -Out by this royal substitute, without expressly grant ing this particular favor ? Or can it be believVd, after " the declarrtion that no man or set of men are entitled to exclusive or separate emolunients or frivie? from the community,' but in consideration of public srrvi ce& that an alien shall hold lands, and have attached r 1 ",n tpniirr. manv fmriortant exclusive. nrivileees and prd-eminences ? Shall the plauviff by hi? royal fran- i f i' . 1 .11 : Aa ,1 i lr.M i4n t I lv tr V a lftnAW ' s"h 1 cmeiaKC an ucitum iuut wni'i lija ui-uimji , 1 w the exclusion of the state ?. Shall it be, said that a man . : shall hold lands exempt from.the operation of a s'a tute, un'ess he be named thereir by express s'ords ?. . 'Shall these lands belptdtected by the state, and yet ex empt from taxation r and shall they be granted by the plaintiff in feesa ving an annual tribute with the right of escheat ? In firie cn ltTaidat thjsJs such an individual as was meant inthe proviso, when, unlike other subjects anddividuals,'; no laches cajqr'be.im' puted him no time can run against him f- J7V he concluded in our next." ; . i 1 .. - '.'- .: :.. ' . ... .t -
The Raleigh Minerva (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Jan. 13, 1806, edition 1
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