The Wilmington Gazette from Wilmington, North Carolina • Page 4

who fuonart thofi netitionicanila iifmiiTed by law.it would.be wrong CIIILICOTJIE, (State of dipmity or safety orthis union, to Fsost tat Fzom Washington, ait. 27 The Judges uho met brim the ptipU a fhort time ago in Philadelphia, thii day brought forth the motife from the mountain a peti-tion was prefented from, judge Baflet, William Tilghman- Judge Griffiths, G. P. Kav. iude-e Bourne.

Oliver WoU --r, every thing that ii elTential. They ficet. to annihilate the power tfut what is verv extraordinary after fuch an admiflion" lnlill that the au- i tiiqrity which annuls the power and the duty, cannot touch the falary, which is only1 the price of the duty He had no conception of an officer rho had no duties arid could perform no duties. To make the meaning of the gerftleman intelligible it -would be inferred that office and jjfalary" were fynonymous terms. But if the power was taken away why fliould the falary emain.

Tha petitioners tell us heir object is is not private jtholu- mem out puoucgaaa, admirable riotifm, which conlills in recei-vine public money and doine nd thing in return for if. Thefc dif- intereftel patriots who are thus i willing to accept the public money: and without any pretenfion to fer- vice, appeared to him rather mitta- Kciij in uieir conceptions ot wj.at they have airerted, for the Hion I nas notning to do with public were concerned, are we to expcdl iris altogether 'a private emolu-H that rthey will aft witW mor'u fyrn? ment, without equivalent cr fer- I pathy.and jullice in the prefent cafe, vice. The motive for granting a It the getirl emer. wiilt that t'he fu-lalary dm ing good" behaviour, was -preme court 'lhould decide onvthc a right so important by' a tenure UhCertam." I hat it materially concerns suclvof viiiii.ii.-i ciwell on waters; and U. csacRIul U-the union, strength and nrntrnitv n' tnese states, that they obtain corn- lilf-te sirfiriftr it 'j I 1' I rr 1UJ jjq peacea- uiv cujoymem oi sitdrt tlifeir absolut- I hat the I'resident be authorised to take immediate possession of such place or places, in the said Uland, tr the adjacent tenitories, as Le may deem fitand convenient, for the purposes aforesaid and to adopt Mich cither measures for obtaining that complete security, asio'him, in his wisdot'n.

shall seem That he be authorised to call into actual serv ice, any number of tl.e militia of the states of South-Carolina, Georgia, Ohio, Kentucky, Tennessee, or of the Missisippi Territory, vhich he may think 'proper, not exceeding filty thousand, to en.nlcv ti.nu together with the" miliary aiiii force of the union, fer eliecting the. Objects above mentioned. t' That the sum of" five millions areolars be appropriated to the carry in; into effect the foregoing resolutions and that the whoeorany purt of tin sum" be paid or on warrants drawn in Mich as the time, think proper tu ic to t'v. v. of the.

treasury-." PUBLIC AUCTION. On the iZth hfijt.f, will Itf-Ad io the lighrjl bidu 'cr. THAT valuable Lot of Ground oh the fonth fide of Market- flrcet, VVtlrnington, 55 feet on the flrtct and running --ba'ck C6 fret with a rood flone'Tonnda'ticm front, ami adjoining Hall's nctv T.M. .1 uulk uwuic wnn me privilege or trie ealt wall tkcreor, 35 lcctlccptV.at least 50 feet. high, with a toothing left for the benefit of the prcyrietor of faid lou The terms of falewilf be or.c half ca.sh and payab'e in 6 the purchal'er giving bond'with approved fecurity.

LEVY CARROL. March 3, 1803. uimcu taccs or America, Didria Court of Cape ea Benjamin Woods. 11. .1.1 o.

Attorney of the Ui.i-tu Mates, for faid Dillrid, has fi. td frJlibtl in this Court, fetthtj forth that the proper" Oflictr cl the port cf Wilmington, haih feixed as i', United States, Four Esj-s of Coficc pon ol tl)C stfejr hu.C no i iraflc fromlorant Day, Jamaica, ton! "Jry to law and iii faid liLtl faying that Ll Collee may remain forfeited to the U. his hunor li Judge hnviii a pointed ihc 5.hday of April 10 determine ihe faid jt, ft 'Imii iiuthc Dirict s. i hce therefore, are to ro-'Uetoall whom it n.avVoi.cein, to at the limean.i at0rc iJ, rofhew dufe why oUVir 't l-i-l l.b.l Iliauld i.ot he vun td, od a decree of condemn. ti ,11 u-adtf accoi.i!--lv, CAKi.IM ON WALKIiiJ.Cik..

V. Mach o. 7 III-RKAS a pin 11 ii.kruou hj ecu illutJ I i'i I LMiiU Court of oej lUi'tt, Lt j'he Uiflrhl of Gins funr.trijr cl Wilmu.m ion, but lur N'w York, and be hnvif ihc frupon' Icen id aptjg a l'rkrupt, ii Lruty ic. quired iuiutindr lu'mlclf ihc Cent. nulfiriirii hi ihe fai ctrrmilhon itrmf, on'Sa'u'djy ihe iniliM, t( ttn u'cltt.

in lie forenoon oa rrijy ti j-iflefAp'd, alien o'llocll tin off norn, i-d oii the 18 At nl in ihc fuitooon at ihe (Tire houfe oHU. Potti wake a lull d.fcovtrv a fcL Lt andilfrni; hco r.rieibe cir Jiion are rrqutfled 14 cims pttpt. 1 I V. 1.1 1 in the houfe to hurt their feelings by preffing falajries upon them. Mr.

j. smtttijtateJ tnat tne prphibitioti for. a reference was pot a novel one. as th ihino had hrn done bifore Congrefs had referred the claims of certain military' men to be decided by therfuprem court, but though fome or" the judges had had, acled why not refer in this cafe the fupreme court as well as in tha Durtng the ftiost time he fat in the houfe he riever faw bufincfs fo precipitateil. Mr.

Nicholfon fii.d the gentleman might talk about precipitancy-if the fubjet was a new one, but Jie believed tiiere never was a quef-tion fo fully difcufTed. It had been faid that a reference had been made fome years ago to rhe. fupreme court, but we wre alfo toid that the court had lefufed to acl, how are we to tell they would acl any more on the srefent cafe. If the judges refufed to acl on ihc rck-r- futipjn our revolutionary battlc3 entp or cauies wiure men who of laws, let the tn I-1V w. weihail undtrll 11 tht-in 1 hum drj it in as it were in cidciital in way.

For him- leir ne woa.u neyer conlent to any arrogauon of lucu power. If the courts zt: determined to inierfi-r- with t'ht: power of the LeiifUture and clalh with its authority, ii will then be time enough tor theleg-ila. tureto adl Sc miintain their right: and the people will be the tribunal Jc i b- bo i 1 1 a txi 'a a Eullis Coiild nor difcoyer the tliflinclio.j of a right to falary with-out. 'the fervicei he Conceived the rulewf the conl'litution too fimp'c and explicit to be mida- ken, no fjlaty na fcrvice. By the law of lall fulion the -cftke and the confeqneut fcrvice were aboliihcd, and the compVrtfation neceffiarily followed.

1 here can be no hefira-tion on the run its of the prelcnt applicationit is ot juliry-but it is alfo evidently di li-ncd as a protcll tnr Lw hat has deprived them of t-fuce falary. hveiy tfj-tc) has ben paid to if to which it is entitled, ii lias been fairly and libcully difculL-d. How a complaint could be ide of precipitancy 10 was at ahfs account for when it was (o late as yellcrday that faw the peli'ion ot an ad-miial who had rendered great fcrvice in our up without any dchate and "referred to the committee of claims, of whi ch the gentleman whocouipiainMjf precipitancy i chairman. He fhould as (ton illnt 10 the pajirer.Tcf the falaries of the diJbaudcd army a the falaries of the difbanded judges. Mr.

Dna a luiitttd that the dc flrtidlion i i office was the dc-flitidion t-l tl.ecuirtj enfation tl.ia. he alwajs deo ml ll.e right of tin hoofc lodo I ihc uiiue of tlu otliee power, and duiii.g good behaviour the juke's Hi is not lufccj iible Tl.e a-mcunt ihe piaycr l.ert is not fo much for hkii is. for ihe on the qucllitn whether the con-tell for you have ot cr. urded your atjhoiiiy and invsdd a tight. Mr.

Alifon moved an amcrdu'cM lo the rtf.dutiou which rtrjiiiiv.l the infer ln il 1.11 i.aim ot .11 the petitioiurs as he wilhed iholc of the J0dbc who had 110 1 oppokti lit? repeal as ur.cot.fliiutiuiul, jim be this lunl-acliou jhe moved to have infernd hc pcti'ioi: of the Lrtini.a-eJt Ml.iih was earned. Upon ihe gcoeialquellionforihe pciitiontti, )ci 35, noes 57. Gen. ni then moved that 'he prayer of the petitioner! ught not to be gramcJ, and that they have leavc to wjtMraw their which was cahiiJ by alatge ttujiiiiy. The fabjccl wat ihcn taken up in the houfe, and yeat aotT naji taken by 'he nime.

Houfe adjourned. ALMANACKS for the year 103, For laic ac this Offl cc. January 52 ELECTION REtURKS. FOR GOVERNOR. Ross County.

Return of the election from Ross County. Edward Tiffin, 1020 Votes. Arthur St. Clair, 31 Benjamin Ives Gilmanj 5 Return Jonathan Meigs, 3 Adams County, Return of the Election from Adams County. Edward Tiffin, Rcpubi 160 Bazaliel Fed.

ES Fairfield Countj. Return of the election from County. Edward Tiffin, Repub. 286 Bazaliel Wells, Fed. 89 llamilton'Cottnty.

Return of the election from Hamilton county for Senators and Representatives. For Governor. Edward Tiffin, Repub. 1387 Benjamin I. Gilman, Fed.

241 For Senators, all Republicans elec ted, viz. -John Paul, Jeremiah Morrow, Francis Dunlavy and Daniel Symms. For Representatives, all Republicans elected, viz. Thomas Brown, John Bigger, Wm James, John' Dunn, Eplnaim Kibby, Thomas M'arhnd, Robert M'Clure, and Maxwell. James Snvitli elected sheriff, and Joseph Curpeiiier, coroner.

Clermont County. Return of the election from Clcrmon'C County. For Governor. Edward Tiffin, unanimous, 403 For Senator. Buchanan.

For Represent atives. Ellis and Roger Warreni their politics -not known, except Mr. War-' Jefferson County. Return of the election from Jefferson For Governor. Edward Tiffin, Repub.

800 No opposition. For Senators. James Prilchard, Repub. 429 elected Bazaliel Wtlls, Fed. 423 John Millipan, Repub.

414 Zenas Kimberly, Fed. 402 For Representatives. Mr. Humphrey, Rep. 440 elected Mr.

M'Cuic, Rep. Mr. Bear, Rep. Mr. Mccks, Fed.

Mr. Real, Rep. Mr. Fdlicot, Fed. Mr.

Beaty, Fed. 431 elected 456 elected 422 eUcted 406 404 398, 231 Mr. Boughman, Rei. 1 Hehr.jut County. Return of the election from Belmont County.

For Governor. Edward Tiffin," 452 And a few scattering VotlsT For Senator. William Vance, Fed. 217 elected Ji'mes Alexander, 122 'James Smith, 134 For Representatives. Elijah Woods, Fed.

304 elected i JonephShaip, Rep. 130 ttccUd Josiah Hatcher, 179 Andrew 162 Daniel M-Elheran, 132 Jacob Cr.hmon, is'electcd ShctifT, and Motes Moorehead, coroner. 'I hc rt turns of the election from the counties of, Washington Ttutu-bull, have not yet been nceiud. PORTSMOUTH, NT- II. 1M- 111.

PL' Ei 1C AS I SM and 1 HEt.lJoM. NOMINATIONS, For the Governnu nt of New-llamp-fcbirc, 18iJv For Governor the tmly honourable John Lamouok. Senator Col. Ct.rMrxT Stciikii. Counsellor I.tvt IUuTl.v.1 One; Utorc the If.i dv Vtrmni our Oakt" the fcons and cneniicsof pullie oppression and tetnatic tyranny and oppofition to the liot happy an I free Miunimctit 011 caith, arc all called ou lo Kivclhtir inv'orativc supfort to the mild and patriotic Rovemmrnt of the United State, and bafllc the innidunut view and damp the already chillini; hojei of it desperate fan ion.

Once more to nforce the ctmohlin truth, that amid her liitcr itatts, lur government and lawt, aland to rindicatc her cancel "PETERSBURG, March 1. From H'dhirigtin, 18. r.eiolutiotit introduced by Mr. Ko' ofihcicnatc on thc lfth tdt. rtv-Ifectinft New-Orleans.

1 That li United Statra have an Ind'uputjlle ripht In ihe free raticalionof the riwr Almiftkt.i to a convcuient place of deposit for their produce and merchandize in the liland of Ncw-Oi leans. That the late infraction of eth their nnrpieuionaUe right, it an ag-fftrasion hostile to their honor and I 1 I I cott, and a few o.ihers'whofe names you will find in th? minutes in a day of two on the futjecl of thir fa larits The petitions were from each individual, but literal of each other. They were prtfented by Mr. Grifwold, The following is a hafty fketch, of the laconic con-verfation which the fuBjecV produced. Mr.

Grifwold faid "the priaciple of the petitions-wasiotallv diitinft from that of the judiciary law re. pealed laft feflion that occafion the queition was, aso the, right to repeal the law ahd abolifh tie power of 'the judges the prefent went to determine whether or not, eon-grefs could abolilh the oflicc 'during good behaviour or deny the payment of the falary to judges-whofe tenure was during good behaviour." He aliened the right of the judges to petition in.coftnrton with all citizens," and that if they demanded it they-had a tiht to be heard by couufel. It was not his intention to embarrafs the houfc by a precipitation of the quedion, but would ofFer two resolutions to the houfe the fuft of which vvas that the houfe fhould define-by law the powers that ought to be eicifcd by the judges' appointed under of 3th Feb, 1 So 1 The other that a tribunal fhoufdbe cliofen or formed for deciding on 1 'HO jiii1 0 1 1 1 of their tight t') office or falaries. Theferefo- lutions he conceived would afford complete opportunities for a (iecj. fiononthe merits of the petition-r's claims and rights, and a plan misfit be devifed conformable to he fecfc of the houfe by which he COuI'lttJtionl norttim K.

UIVUIU dccifively fixed. Mr. would not enter into a difcuilion on this occafion, becaufc the fubject had already c- lw. iiiuvii. 1 was hi Id 11 fc Hi on a lo leave no 'room for ad.

i'I'i'mmiI 1 1 iiju mentioned fomeflan which he fup--' pofed would be adopted he did not fee upon what grounds this plan was to be formed, but as the gentleman ms.y poilibly have arranged in his ow mind plan, if "he would con lefcend to define It, the houfe might be better able than they con be at prefent to apply themfclvrs to the f.itjecV. Mr. Grifwold had not formed any he would fugpeil that ai the rellorauon ot the to cilice ly a revival of Ihc law repealed lad felHon. Mr. M.whunii excited, that this Wat ttibc the plan it wis with this he had callcJ on gentlemen for an explanation and lu-percedeJ in his mind every further argument, he was now prepared to vote, Mr.

Randolph thought the law of fdlion hid rendered the In it Itfduiio-t ui.necilaryit had com- ph-ie ly Heftntd tlicrtcr' tf IhlTef eufea.etii it I ad dcclatcd that their had cc-fed, and that their rw.w notliirg the pe-, inioni aid the ohfervatiom el icit tlry were introduce 1 tica-tcd by their chagrin, what it was Ibat had induced their petitis, it 1.1c cciuiionol potter which 1'iferaddcJ all definition. The -qucfliou Leing puton the firA it was loll 36 10 56. I he feconj refolution being read Mr, KnVpv olferved that the hnufc.M frequently deYiJcTigaiiiil the pri KipJei it was brought (ot-waid in fJ, t0 cm5rilC range, lie did not fte tpn Hhat principle a newnibtinal was tokeinditutedto deci le upon more than thofc of iMUjr, Why juJgr, demand vhat has mt been allowed ei tf.c veteran ho Ju.bJe for the liber. Jf of cuuntryf Are we to l.Hheoblitiunidue to thofe hwKvei.very thing in, con. ctde.o.chr,, tuna' i whi-hthe; were be he JfSii'Mier 1 In thtTr own were thrlart who fhould a iMtporttioui induVoce.

Thofe to Icciireiheir independenre whi 10 oHiwc. vuuKi ue uiu mat it I. 1 1 was iu iccure wieir tnuepenucuce, when they had no office. Mr. Dana offered fome argu.

merits at length; at lead we prc-futned that they were argument, but perhaps it was through our own incapacity, that we could not render the words coherent or app'i-cable and rather than tlo him injuf-lice wc have not attempted to re- a t-1 -o 1 v- i we could catch, was that upon the i Cjiiemon-ot paying the falary foli. cited, it vould not be. cxpeded that a. reference to the comptroller of the treafury ough to decide the right, as that officer beirg appointed by the executive and removable at plcjfure, could not be the pro- 1 per tribunal for the judges to' re- fort to and therefore the tribunal I ought to be fome one independent of fiuh coutroul, fptcial and partial. 1 lU.

Bacon took the que(lion re- ally to be, whatever. was o(f en fibly orTcrt'd- whether the- lawr nf-latf feffion 'was or. was not conllitu-1 tional. What did that law do It abohlhed certain courts as former Ugiflatures had 'done-before. Ir was determined that cartain circuit ourts fhould ceafe and be abolilh.

ed, that law aboliihcd was rcllo-aed, by prefent congrefs what did the aboliihcd court con lilt (f Judges judei arc officers. The courts being aboliihcd, were not the judges aboliihcd and were not the judges officers he fuppofed they were. hen if fsmcers were abo-lilljed and no fcrvice is performed why nay fa'aties? The fuiehls it, fur though ihey arc declared ctr.itltd to their falaries, if i ct inorfic? then they cannot. Mi. Giifwuldj outdated that this qiidSioa' had never been fettled.

That'll was c.T.cedcd they ud tin. pmwr to ilifiiiifif, but denied they h'd tlun iwtr icidepiivc of fa'a-ties. 'I hcrt vtre he knew fun.e dilfcuiue in law opiiiuns on the potpt, and he faw no that could tie ma le in' iiuittfcring do ill on on the qiiciHuti to fyjnc o- il.tr lie aVavs-thou' -ht it a fair mode of prorcedng to re- i fer rr.attm in dif. ute to d.iTctcnt wjf new and ihe occali Ixtraor. jdiniry, and he thought nii-ht, I be lefffffd.

With ufpeit to i petf nal intercrt, Uc judges, it ouht tiot to be confidercd in that liht the peiitiureii ought to be held at ailing upon their ferfe ol the connitution, mJ lluy would not rclinquilli it. Mr. 1 Merrii fahl nothing a-boiit the precipitancy of the dcci-fiortlon the qurflinn- Mr SmilieafUJ if t'u'i wi rot the rtunmtn cafe of a particular Jafi of men. At what iimc JiJ Clergy ever dfciJc In favour of ihc people upunainy quiaion'bctwccn them 1 would qudlion between military boJy nJ the body of the people to be decided by the military he enter.1 tamej looelcvatcd an opinion of the gentlemen of the law to conceive' they would folicit falaiiei without umce-inJecJ it wouU not be luppofej that the pemioned wouU eipel, icceive rp mrir uto'; ana a- u. cnfd to thufe an aldf-ee pr iirnnti of ih fild Pi-kf Htt fT.ft.

-At ihe llll feme hs BinkfUpi require 4 (tnQ hit raiion, and itc tttiw i afTtnl 10 of ddTf ri Irt.m ih St Certificate JOIIUUOTTS, c. icyt.KY, C. I). HOW AH I). 1 Wilmirj on, Kin 10.

BLANKS Cfvmrttui kind lt For laic at this Oflicc. fomtthm? foni-anJ at ihc; weie Tl.it It not cci.iikt ith ti.