The recorder. [volume], March 19, 1803, Image 4

About The recorder. [volume] (Richmond, Va.) 1802-1803

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Ttw 5 with the deep;;,l :‘;?rpi;7.C Tcv, 1
i.i is* Is xa miner ot.Jt ;••.»>.••rd.ty, we
found the following pur graph :
“ it has been infinuated in a r.?wf
:t pup of this city, that the editor of
{t tic1 Fxi ainer was in favor of tin
,C'.;niniOii hw ddetrine, which prohi
“ bitch the truth to F given in evi
f* dence und'o* an mdu runt ror libel. |
Nothing can oe more Wahl chart this 1
tl Targe. He neither is vv, nor was
“ hr ever an advocate or that doctrine'.
“ He has alwa ys fpoken of it \ ' ;'?>•;;/ of
££ tibkorrencey both in convi rfation and
££ prragraphs. He his never o af d ro
:t think, that the date iogiflaturc.. ought
:c to perform its funeral rites * and
££ to this end, he intended dining
'f the laid feflion of the general aif -. n
£* bly, to have fugged? 1 the paflage of
te a law, but iudiipoiition liipprciied
*f his defign.”
We are very glad to Far this ac
knowledgement. The whole ten >r of
the pi-.'ce referred to announced ri\at
Mr. Jones appn ved of the common law
doctrine as to lib'S. The quota.ions
that appear in the- lleeorT r of VVcdnef
day,the 9th inll. arid of Saturday la ft, will
plead pardon for our rniltahc. Mr. J ones
undoubtedly knows his own cpi i >ns
better than we do. Fie knows what
it was that he wifhed to f. y ; and wt ac
cept with chearfuln-Ts of hi incei prera
tion. We acquit him of all the ?• uMach
annexed to the defence of f> diabolical
a doctrine. But if Mr. [ oes will fhew
his piece to an hundred iuq.a rial peo
ple, ninety nine of them, c mi upz",ircis,
will unuen and it in the lame fable as we
did.
Having removed this rt AdOi of per
fenaiitv, and, as wc hope, to cite F> uni.
ner’s fatishicYon, we proceed to feme
tiling nome ferious. 'Id.e lLx.i r .ntu fr.vs
that he has always fpoken or rim doc
“ trine :k terms of abhorrence-, both i n con -
u vtriiuion ann paragraphs.” Very .veil
Ot courfe, he fpeaks in the fame terms
of An.- role Spencer, and j.is proiecu
tion. For, if?, maxim of law i„, in it
ieli, goodly t-alf and fog: if icai, che at*
t imy genera., the jutlg and jury, arc.
aifo culpable.- When t ie republican^
c-m burned ihe fedition law, they iike
wife condemned die attorney generals -
and others, that acted upon ic. The
ie~, iiinir.sr m i;i do : seJatnC tl om. lie ucii .
it tut it. i s pew# to do ofberwjfi, He I
coiSonns «- rienic, ns a poif>n. He
mid rOiidcirm the . t ,r, tvi o aives if
r . 7 O
rs a cure. ihe 1 xaminer wiihes th.e
maxim to be both dca.. and bit lied.
1 he tr.minion is not v lent to the
wilh that Ambrofe Spencer and all hi;,
abettors were executed, and hung In
chains. Ii hell is governs 1 V. a, »V ta.
oi laws, the F rIF of the n moll ; • th-.r
truth cannot be git . m y: ev *.i the
midlt o ail this abhorrent: of the com
mon law maxim, it is d »ular to - a •
one whilper of' enfure upon cheprnj..
cuuon v.f Crof veil • to be inn d"in the
Examiner’s performance. From t-r'.t
to lad, his. oh;.-■ t is not he condor, n.i
i vs!, but the. defence of _>, '■:,cc, \s con
duit. 1 Ur lay; a at “ the t rofceution is
“ o err € Lily conducted, on the belt
“ eilabhiheu pri iciples ihe c m onion
law.” Xheie a:c he; very word-,
d ic y i rc alfuredly die! mgu ig< ofdc/en \
< iv proceeds to complain that, in udto
fy all this, <{ not only the attorney ge
<c oeral is bejcctmdrded, but the whole
“ republican party polluted with the
<e fouleft abnfe.” If you abhor perjury,
mud you not abhor the man rhat F. fi -
fworn ? You deted the principle upon
which Spencer a£ts. You have, there
fore, no choice but to deted .spacer hhn
filf.
i'foe Examiner adds that, u v/i»h the
; mold egregious folly .r.J liupi:!.;/,
f too, or with the mofi cji .i u ,] \\
t€ tituuon of candour, the. rcputdirm
c jv.ity is charge ! with in onljitcm . in
putting thele proftoucions on foot,
; ti.cir execration oi t'm (edi
tion ’mP Ail this, and mere is
niucii m o r • o f i t> . ■. ou:; , • n ,,hi i .p?e
wefencf: of Ppr-ncef, and oi thofe that
■ v-ith him. ii' c >':’ia to del y r
*ruti< , arid the texaniirirf may tcii u , 11
. c; n, with what i*’•/:]!cucy c fends
p&tett ol a i cue, , , hhota
,1<j . ceciir* upon which they/rr/.
The Examiner fays that he had enter
t?ined the ddign of fuggetling to the
k’ft a'TemlV.y the ptijja^e if a la w, which
was to perform the f.nicrd rites of this
coinmoo law maxim. We never hea-d
of its exercife m this Hate ; and Gcrvas
Scoirs, perhaps-, or Cyrus Grhhn ex
ceptrti, we do r.v»t believe that \ lr»gi
nia contains a nngle judge of any clafs,
that would bi-chafe nimieif to all eterni
ty, by the fandlion of iuch a d ctrine. ’
But, m. a il ■- vents, it is proper thatciic peo
ple fhouki be put upon ihtir gti rd. The
man, who is capable either oi promot
ing or conniving at fuch Hark naked
tyrai mv, defends not to be trolled as a
common cunft ible. He deferves only
| to be hunted down, as die uinmon
! enemy of mankind, and the eternal out
j c ift of his maker.
Tiielc Hilts arc railed with a view to
vindicate the character of our bcl >vcd
preiident. If Mr. jHferfbn dilap
prOves o" die maxim, he will lop the
profeeluion. Put die caie that ton are
robbed on the highway. The 1 up poled
offender is dragged into court, and,
witheut being heard in his defence, he
is transmitted to the gallows. Whether
he !' gudty, or innocent, it it char that
cue p; iecutor and the court arc greater
j Ciimi ■■!-» dian him. If the pc An rob
! fu ; can :l >p the execution, and forbears
j t > do ! a, lie is nothing better than a
’ mu <.i r . r. Apply tins fupp-j'Jtion to
j the ca r of Crol'w li. A'diirediy, Mr.
i Jc ei !an, tor :,is own fane, v.-ui make
I bpencer cul<- a bail t 1
r ~ > m i [j e e iv a m :e r a g a 1 k .
A g;-iring mftance or [V!r. Calleri- |
I*- ** drrv» v.ant <;i veracity is riven in die j
t£*kt f Recorder,” relative to Mr. Broc
“ l- A'bro’igh. He affered, amongtf: ether
, “ things not worthy of withe, die M-,
£_ Bivo.-rer.hrough accomp .mod Mr. Hay ;
£’ unu .v*r, •vie'Re.e co judge Roan’s, m
cc the oi nrii of Jamzry.”
In lau viturday’s pa* ci*, v.c orrefte d
; the miitake as to citizen Crois-cycs.
> lie atmek' of Air. Jones ihe ws that the
•- •hof th paragraph is correct; othcr
wife rh‘ anfwcr of judge Roan would
likewife have hten denied. Mr. J^n.-s
i; vaks of other things noi worthy of no
| At a. j Ids is a Very convenient and
1 '-a • I way id get rid of judge Roan’s j
re; n bur ion, of ids remark "that Hay
and xVi tcme Could neither be rep ublicans,
nor iawyers.
*
ROM THE CK A R M CTOfST CC VitlBR.
Toil: Editor.
SIR,
; ^ k roni a pnnte ’• report of a trial which
■ i *c'id VvHij you \ •• i oerccivc that iVlr.
\ I la-', of whom hr, tumble mention has
* - ' 11adein rhe r.» omunicati > 1 ot vour
n .e.'it C >rregidor, publilhed
! v v' ■l-n bi Fuclday and Saturday
nas .Amin in-rodur td himfcH ot
X ;bnc nay. cc, by an applicaii,>n to the
. mi,, oi » ini:sags, to •.hlc.lv. . him a ni
1 his iecurity frotp .heir recognizance, in
■ ■ fed
: r .c.n tj accept Ins iverd ciml honor, i lie
j t1 •'': if diuy bou.v', refilled yj comply
j v.id, bis reqne.it j for which, b is ormn
b *rh it;v d the law immediate
iy become, as the cor.fr i tut ion, and its
makers and iupporcera have already
been, the object of democratic caiurnnv.
it is remarkable th'at'Mr. Callender hav
ing det lined to anlwer a cjutltion put to
him in court by Mr. Hay, added, ‘*7
K>,: -'can anjwer ready, and one which will
r.ot he aery peajing to hi.it9 cut IJhould
rather ran." On which Mr. Hay
yaaed Mjlfiing on the qaefiion. It fbould
iye.u as it £vi . Huyks hopes, like Pad
dy s leg:;,were ri r.nl. gdway with him -t
with thole Hopes we trud thairhe pc .pic
y .'lnoi, any more ti m die court 0f »
H'.i...ugs, keep pace. Umkr their in
j li .o ri< j, he was a little too precipitate
: k.M his own credit, as a j.. ter, a citi
j zen, or a man. vYe ere nolyel revolu
! n:,iliz^- buc good o! 1 \nviiyet remain
j HJWfpc.ded ! i [ jnor wdl net yet pals
| for fecurky, in con-ns of juft cc ! The
x efs i. yet c>tic of the reach o* the demo
cpitic hiv.fion ; and t;ic bludgeon, the
| pift If and the noignard, eve not yet,
! diank God ! to or the privileged r.rbi
f ters ol he m/e, an iiberric- oi Ameri
cans.
Z.
F&O.M THR Vir.t/INI/\ C A7ETTIT.
To T. RQDNET, Ettp
Dover, near Wilmington,
mr,
I BE 1 TRVP it is easier, even at this
day to decide, who is net rhe writer
of the celebrated letter s under the fi'gna
ture of Jimius, than who is. I too, as
well as you, have had many converfa
tions with 'General Lee concerning the
author oftheie faid letters. Without in
tending to qutition the veracity of your
aflertion, namely, <c that he acknow -
ledged to you, that he was the author
ot them,” I mean to deny thefatt -. he
told me himfelfhe was w^/the author,
by veiling me, that Gerrard Hamilton
(diftirtguilhed by the appellation or rm
gle fpccch Hamilton) ivas.
i have related the anecdote, in twenty
years, to in <. ft of my acq ua i t a nets, when -
ever the converfaiion happened to turn
on this topic.
" 1 was one morning break fading
££ with lord Thanet,” laid he, “ and
•£ afterwards rode with him r.o Hyde
t£ Park, Juft as we were getting on, or '■
“ alter we had got on our horles, lie !
££ obit rved to me,Lee ! I have ciifcover- 1
“ ed who is the author of Junius. A \
tc few days ago, at this very ipotj Gtr
££ raid Hamilton faid, when we were
“ converling on and criticiiing the pu’o
££ lie political characters of our country,
* My lord, take it from me, honor ana
f< buHeJly are no longer tickets of Cidmif
“ /ton at the court of St. James’s.” In a
1f tew days after this marked obferva
“ Lion, I f<iw iii Junius* the very words.
tc A man o[’boner has no ticket of admif
<c ftcu Az Sc. James’s.” “i was con- |
“ vinceei,” added lord Thane:, “from '
“ that day, that Hamilton was the au
“ thor.” “And ibwasl,” laid general
Lee.” By queftioning allercion to
yon, we do no injury tc his manes , for, j
if he were the author, by difclofing this !
ci cuiriltancc, he forfeited his word to
t:Je public. In his dedication he pledges
himfelf never to reveal it. “ If I am a
vmn man, iriy gratification lies within a
narrow circle. 1 am the foie depolkary
of my own fecret, and it (hall pebih
w ith me.” Mr. Burwcll of Richmond
nc.ii d general i_cc rcldtc ctic above ilory,
as [ have liaied it. You Icein confirmed
in the opinion of general Lee’s beino
the.author, not only from his affertion,
but from the dilemma into which yon
brought him. “General Lee replied, to
his certain knowledge lord Chatham was
not the author; that no man, not even I
Woodfall, knew; That the fecret jVftb ]
ed with himfelf, and forever would re
main with him. 1 rep;icd, “No, general
Lee, if you certainly know what you j
have affirmed, it can no longer remain }
foltly with him , for, certainly, no one j
could know what you have affirmed j
bur the author himfelf.” A y man, not
under the oblig ation cr ?.u oach i:i a
court of law, might have Lid, ici the
licentiouliiefs of general >nvenation,
tnar he certainly knelt) lord Chatham was
nc-t :.ie author. 1 lay fo now 51 am cer
tain he was not, and here is my authori
ty • “ But unfortunately for this coun
try, Mr. Grenville wn at any rate to be
di It relied, becaule he w-as mini Iter j and i
bit. Pitt and lord Cambden were to be
tue patrons of America, becaufe they
were in oppofn.ion. Their declaration
gave fpirit and argument to the colonies ■,
*' id whhe, perhaps, they meant no more
than the ruin of a min Her, they in effect
divided one half of the cm ire from the j
other.” f
\!o man fo truly and feVerely critieifes
himlrlr, even in rhe cabinet; never in
tue profs. Lee might fafely fay lord
Cli.ith ,m was certainly not the author.
Woodfall always declared, as i have
been informed, that he knew not who
was the author; and upon the authority
of Junius, laid it never would be known.
“ He .vas the depoficary of his own fe
<f cret, and it fnoul l p'-rifli with him.”
Upon this declaration, if was common
ly laid, that no man, noteven Woodfall
nimfeU knew; that rhe fee ret rtfteti with
iiimleif, and would remain with him
•or ever. So much for tuc dilemma.
The Jljte of general Lee is' very dhi
ent from J;jn us, except wftere he mam
KOI if.
'' Vide 6Rib Letter on the bailment of I
Eye.
{ Eirjt L-"er, p. ;* ] - -T.crEn Ed:
’7*5
||
fcftly aims at imitating him. General
Lee's is a crouded ttyfe, ftropg, rirtrvous,
bold. Mis ideas flowed fo quick, chat
he could not arrange, nor direct them ;
he had them not under command *. hence
his writing is replete with parentheies.
Junius could call up his ideas at plea
hire, had them in chafte order, and ne
ver fun; red them fo extravagate. In
his writings you will ice fewer parenthe
Ic-S, than in ai.noll any writer in our
language, except Swift. His 'tyle has
no lOofenefs ; it is always.
Teres atqne rotundas,
General Lee was both a man of abilities
and oi acquirements; but hk acquire
ments were different from rhofe of the
writer of Junius; and his abilities, tho’
confcflVd, hoi equal to fuch a talk,
TheJentiments (political ones I m an)
of theJe two men were variant, jiinhis
j ridicules the diftinktion between i girl. -
t*qn and taxation, and denies their !opar~
ability. He confidered the legillacive
power of die mother countrv, the right
oi parliament, in ihorr, as fup re me ;
but agreed with Mr; Burke in the i n po
licy of ever exerciling it. General \ ,ee
denied the power and right or parJia
merr to rax the colonics, and all his
writings, and arguments in corn
tv.-n, went to this extent. Junius was
weil ’'•cried in parliamentary kandug, as
liis letters, concerning tiie dechi m .f
the no’J t- or commons on tne hi ;k >:
election, evince. Gen. 1 .ee i w :io
tiling more of parliamentary affairs or
hiftory, than what he coileAed from
reading the debates, and was more \< -
norant of parliamentary learning chan
any nun of his general knowledge and
opportunity ! ever knew ■, particularly
the cafe of Middiefex, I remember, he
divl riot underffand, had never ffcucii.?d it,
nor ever read the ableft argmrie.it bv
Ruifhead, under the infnefrion of Sir
Fletcher Norton, the cafe of the Mid
dlefex election confidercd,” before I
lent it to him, and f.iid he thought. ir
I was Unanfvverable. As to law, it v .5 the
daily obje6l of his cenfure and ridicule.
I doubt whether he ever read even
Biackltpne’s Commentaries. I Leak
from knowledge when 1 fiy, learned as
he Was, a fcholar, a man of Belle Ltc
tre, an hiitomn, he was per feebly un
acquainted with law. Could he have
| written, or any man who h>d not ftudi
cd the law, the fixty eighth letter to
; loid Mansfield on tl\e bailment of Eyre :
I I can venture to affirm, except in that
letter, he never heard of ‘ being taken
with the manor,” and would Loner
nave written in the ilyle of Stcadiim-r
Verfus Stiles, than in the learned argumen
tative manner o» Junius in chL elaborate
coi lpofhinn. I conclude then, that gen.
Le., notvyii Hauding uis ailcriion, from
the ar.ee<iule's.c re i; tc J to me; from his
Jyle of writing ; from :iisJentimeats, an 1
i.um his learning and general acquire
ments, was not tile author of Junius. I
perfwade rnyfell, that 1 have offered to
you by Sifcuffion no offence ; if I have,
it is not my intention. I rather think
we both have the fame end in view, the
develwpement cf truth, andon our arrival
at it, on this or any other occafion, we
fhould feei ib/miar gratification.
Quid ’Veru n, atuue decent euro, et rogo,
et omnis in hocJura.
I have the honor to be, with every
consideration of refpect,
■ >ii,
Tour moil obedient and
moft humble lervartt,
RALPH WORMELEY.
Role gill, 2-d March, 180.L
VIRGINIA. "
J T ^ , surt continued and held for Halifax
yi County,cn Wednifday the 24day of 'No
vember 1802.
IfUac- Coles, fenr, Plaintiff, J
i AO AI r j
' Stephen iffgs and v T"
T imes Snead, Defendantr. Mancery
l HE defendant Bi^gs, not having entered
r.i> appea ar.ee and given fccurity according
to the act ot afienibly and the rules erf this
epu rt, and !t appearing to rhe fat’sfacVion of
the court j that he is not an inhabitant of this
councrv, On the motion of the plaintiff by
hi> coiinfcl, it it, ordered that the la»d defen
dant do appear .ere on the fourth Monday in
March nexr, anJ anfwcr the bill of the plain
tilf, and hat a copy of this order be forthwith
infert d in fome newspaper of the city cl
Richmond for two months fucccflively, and
potted at f'tc front door of the court hou.'e of
this rountv. A ''npy—-Teft
»krryman careen. »*. »t. r.