|
F-cm the United State)}-Gazette, \
¦ ' ' ~ .
- , Giwi-rnor's Oi:rBCTj therefore impossible to be-
low at that time a proper attention upon
the swbji 0 ; so as to acquit myself equally
of the tespect wlr.c'ii I owe to legislative
pn iy with which
1 have nlVays'been anxious to perform the
duties of the exec ti- e office.
ne'e ' f opinion both irj public
and pii-.ao ¦ 'i '•¦ iu9 hatiiril tCj.mnr.klhd, and
an licne-st difference of opjjiion outfit never
Xa "'. prejudice or reproach
— WfVlSeve.r it lias been my misfortune to
differ from the opinion of the senate and the.
house of repr*-en.ra lives of Pennsylvania, I
ba"e not vi.itarud to arraign the purity of
their motives; although I may sometimes
have been tempted, on account of that
diff "e, ce, to question the correctness of my
own judgment. Upon every occasion, how-
eve', ai»9 particularly the present, I have
, hoped for a reciprocity of indulgence and
candor ; and when I exercise a consCtutional
right, to declare that I cannot approve the
resolution, lie assured, gentlemen, that 1
wish not, to pronounce a sentence of con
demnation upon others ; but merely to assign
reasons in vindication of myself. To you,
to our constituents; and to posterity, the
reasons of dissent are submitted ; not in a
v.nin spirit of cont adiction and controversy,
but as the dictates of conscience, after a Jong
life demoted to the science of government &
he.v.
Considering the resolution in its form ar.d-
in its operation^ it appears to my-mind to be
liable to many powerful objections.
1st. Because the prohioiti.in excludes the
luckje ainl tin-jury, as well as the counsellor
and the attorney, from resorting in court to
the accirstomi 1"sources Of legal information
Ee;y ¦''¦ 61 i Hi of a court m" justice ought
to be made according to toe / w of ih" land,
whether it is pronou ice,d upv>n the opinion
of the indsje, or by the verdict of a lury.—.
Jn crim'ii al, as well as civil cases, it is thedn-
ty of a i ury what is
1 rw pf th [and upo i the p >i its in issmk
I i civil case's', or jury often assume the
responsibility of deciding, and in c iniinal
Cases it is dways 'heir province to decide
both the lav. arid I he 'act. The ablest jui
h jwever, (t:, m the faliibili y of human un-
de r the imperfection of meni'iy)
Hi y-misconceive a point of law, sndde ly
s •.. the trial'of a'caiise ; and'the
in is1 i nrlligent jury vVill not in any case
pretefdjintuitively to peicei eand pronounce
what is t •¦ law-of the land
but instead of multiplying 'he means
(_as it would Seem reason.:! k to do) for as-
sisting th- memory of a jodge. or informing
the conscience of the jury upon occasions
the most >nteiesti,.g to the fame, the for
tune, or the life of a citizen, the resolution
forbids any advocate or other person, to
read within our courts a precedent however
venerable, Or an abjudication however ap-
posite, iirl'ss it has taken place in some
court of the United States. It is true that
oui advocates are not expressly forbidden to
nart'.te the precedents and adjudication of
foreign authors and tribunals, though they
are forbidden to read them. But when we
reflect upon the conflict of duties and opi-
nions, the diversity of dispositions and ta
lents which every important cauSe is calcu-
lated to display at the bar, a substitute n of
a recital for the perusal of a legal authority
¦will bo found to furnish a much less advan-
tageous medium of information to the judge
and to the jury, while it obviously must be
productive of more partiality, uncertainty
and delay in the administration of justice.
2d. Because the exception from the gene-
ral prohibition, by which precedents and
adjudications thai have taken place in any
court within the United Stales, are permit-
ted to be read in the courts of Pennsylva-
nia, is arbitrary and illusive. If the prece
dents and decisions of the courts of the in-
divi , a'1 d tlu'U dt-J States, were"
founded upon the same'eode of laws ; if
hey embraced 'all the ens s, that would a-
rise under, that code, and if they were re-
v-noted and reported, we,might, per-
haps, safely bs content with the resources
of domestic wisdom, and proudly §n
:eyes sgainst ;>HcMig!u ;of foreign -s-
Tf,-ho\vVver, no Such b.niforrbit| exists in
tfte syslenfc~of ¦'¦ iJe, no
such scope.of judicial investigation* and no
such publicity 'of "decision""; ait aroitrary-de
termination to reject all practical
fr^m (' r and experience of other
natiofi by the
civiliced world, more remarkable for its
prejuolic", than-for its policy. It is then an
obvious truth, that the members of the uni-
on differ from each other in the theory and
details of their judicial inst tutions ; and
the limited jurisdictions of the federal courts
operating principally, and only occasional
ly upon national subjects, can furnish If tie
by iiy of authority, or of information to
the municipal tribunals of the individual
states. The laws of property, inheritance
and dower, of process and practice, in civil
suits, and of crimes and punishments are,
essentially dissimilar*'; and thus, a permis-
sion 'o read in our courts, the precedents
and adjudications of other courts in the U-
nk«d Sta'es, is, in effect, tiie grant of a
barren right which there is no temptation to
enjoy, and rarely an opportunity to exer-
cise. But why, it may be fairly asked, con
fine our means of ihir. our sources
of information in matters of jurisprudence,
to the local boundaries'of the United States >
while the professors of every other science,
and the master of every art, may gather the
fruits of human geninjj and knowledge
throughout the world to enrich their studies
and to invigorate tin ir- judgments. The
physician, in the crisis of his patient's fate,
may resort to foreign aid* in order to over
c. ¦>n wha* is difficult, ojtto explain -what is
doubtful. The minister of the gospel can
select from every scln 1 ¦ i i very country
commentarie noon his holy text. And the
astronomer, navigator, merchant, farmer
and mechanic, are equally bncontrole tin the
use.of all they can obtain, whether at home
or abroad, to enlighten their minds ; to aug
ment their skill ; to facilitate the perform-
ance of their duties. Shall then (he know-
ledge necessary to the . ' ration of jus
tice bo permitted to enter our tribunals only
in oneditection, and at a single avenue:
And if there are not any American prece-
dents or adjudications to read (say even in
the trial of a capital cause) shall the advo-
cate be without an argument for his client —
the judge without a guide for his opinion ;
and the jure without instructions for their
verdict ; became Ly a legislative decree, no
other precedents or adjudications, however
coirect and cogent, can be tend in the courts
of Pennsylvania! I pray you,-gentlemen,
to estimate with your usual good sense and
candor, the consequences of such an inter-
diction : And I think you will perceive not
only the general mischief of the prohibi-
tion, bat the particular illusion of the ex-
ception, to its operation. For after all it is
proposed to accept a copy, though we
the original ; and to read for authority or il-
lustration, the precedents and adjudications
of American courts, founded, as is com-
monly the case, upon those very books
which we are forbidden to read, to under-
stand and apply for ourselves.
jul. Because the resolution would in ma-
ny ca'ts deprive, us of the be't and in some
o| tin.' onlv evidence of the law ol the land.
The law ol Penui /Ivania consists of various
branches. By our federal compact, th
stiiution, laws and treaties of the United
State, are supreme- The constitution and
la s of the stale, form the next branch in
dignity and owigation- And'under the an
th r.ty ol the constitution, and thelaw .t is
eipies'lydeelu. d in an act of the year 1777
parsed nil great legislative wibcJi m amidst
all the passions of the icvblati nary conflict
"that the common law, and such of toe
statute laws , f England as were 111 force in
the province, shad be in force and binding
on the inhabitants of this state," subject on-
ly to exceptions, which were proper to ren-
der the adoption consistent with the recent
independence, and the republican structure
of our government—But to these principal
branches of the laws of Pennsylvania,,
there ire incidents inseparably attached,
which in the exercise of the judicial power,
extend over an almost boundless field of ju-
risprudence.. To adjust some controversies,
the law of nations in peace or in war. must
apply the rule. On the business which oc-
cupies the orphans* and registers' courts we
are principally guided by the civilian ; by
that law which every nation in Europe has
borrowed in a gieater or less degree, from
ihe institutes of the ancient Roman empire,
without a symptom of fear, as for an act
dan, cons to their independence ; ..r a sense
of shame ior all act derogatory to their wisdom.
The law of merchants pervading the « hole
commercial world, is the standard of decision
upon questions - f navigation, trade ensnr-
ance and other iinuusierablc grounds of li-
tigation, produced by the spirit of mercan-
tile enterprize ; and the constitution and ope-
ration of any foreign contract that may be-
come the foundation of a civil suit in our
courts, must be conformable (not to the
municipial law ot Pennsylvania, but) to the
law of the country in which the contract
was made.
Upon this summary • f ths law of Penn-
sylvania, let it be admitted, that, for the
commentary as well as for the text of our
constitution & laws, American precedents
and adjudications, affoid the best evidence;
must it not 011 the principle of that admis-
sion, be equally clear, that the precedents
and adjudications of England is the best evi-
dence of that portion, of the common and-
la-.'.;s., c
New-
,rr for Ratti'mow; Hero, I
d, for Se'tubal : t I Port-
land, for Setnbal : brigs ¦
hebunfc, for Boston ; PerSeyeranee, '-ikies
of Boston,- for-Setitbal ; Alexander & Sally
Swae.e, of Newburyport for London-; Ca
te, Tubbs, of and del)
Left ships Passenger, Cop] and Coy
New York, uncertain ; Fii. ¦ isco, Of
and for Baltimore, do. ; Eleanor, Taylor, of
Providence, for Newyork, do. ; Perseverance,
fisher, of Columbia, detained : M
"SLANDER REPEALED.
It is well knjvvn 10 our leaders that, in
order to lay before them at the earliest pos-
sible hour an account of th> pr ceidi.gs ot"
toe national f.-.osk: ure.-wi made an arri-.ge-
nie nt (at considerable expericej that enables
us to anticip, te the other papers of tins ci-
ty one day. The expenc-rs of this new es-
tablishment are amply remunerated, by the
liberal auditions to oui list of' Subset ibers ;
and we acknowledge, with a becoming gra-
titude, that the pleasing return of monies
thus expended, enables us to declaie that a
prompt and just reciprocity of action leaves
a balance against the editor, which he can
only attempt to pay in hearty and unfeign-
ed thanks to his numerous patrons.
Proceeding in this Ime 01 pleasure and
of duty, the editor was not a lu fe sufptised
to hear a cavil against him, ot unfairness in.
his own or his stenographer's conduct to-
wards the •' Whig." It was jirr,
..suppressed the reply of Mr. H Nel-
son to Mr. Clay's strictures on the " W higi-"
We have since received the ' National 1ft-
telli, ei.cer." whose account exactly cone-
sponds with ours. To those aequo t.u J ui.b,
tin gentleman who reports the proceedings
of congress fortius Gazette, no defence of
his character is neu»s... y ; for the informa-
tion of others, we copy from the govtm-
ment papei the " reply" of Mr. Nelson.—
Below are the words,, according to Mr
Smith and although we highly respect tho
character of Mr. S. as a man, yet were his
account to differ from that given to us by
Mr. Magilire., We SVould not prize le*,.-. the
in corruptible integrity of the latter gentle-
man. It cannot be plea- ing to c-ur iiieiici to
do this public act of ..usnct ior liim ; his -
I merit asked no such -it lie
will pardon the liberty, a ci' tfcknowkdge
with us, ii e
', should not Old,) \ ,:u 1
OM THE INTEIUG!
'• Mr. Nelson justified ti;. ns he
,i l tally disclaimed au-y hit.
c.fa-
in their..
.1 the co .mil 1 ¦ lie Wtiig ;¦"
in' settle it; he had 1 >ay ;
. ¦ ,e- dispo .. 'in l.is
¦
On him "in ,.li", lie should have
h to do.".
Ii'th.. •' Whig";-will produce • - et
sp.-ech than lins 'isonon.this sub».
ect, we will publish,it
AN ACT,
orporate a lvire Insurance Company
.111 the city of Baltiii.-
V.'io.-'.ufa.s it is re|Me-eiiie(i fo ,l,n.',
ral Assembly, that the establishment ol an
institution in the city oLBaltjlriore, for iit-
gnring buildings and personal property of
cer.t.un descriptions from loss or my.
fire, would be of great public lilihtv, ivy al-
particularly in c -owns,
rding them ai
commercial transactions, facilitating'internal,
intercourse, and thereby ..cOHtribufins; to an
increase_ if the wealth ot society—Tj
fore, , .
II, Be it enacted by the,, Cener a
of Maryland, That the
said ccmp.iey shall consist •- .'
thotisatidd liars, in shares of fifty dollars
each, ;o.(lth.it sab. c'npl Oils L.r tlie same be
I in the several < u: t ¦ . state,,
and in the dies ... B timore and A .
.lis, -fo-r, the.seu'ral p;....por, ens
manner following, to wit : at Baltimore, tor
the city and county of Baltimore; fo
thousau ! shares, uirl-.".' ii
JamesCalh,ou/t, r1- ..•,, V-/d'o,.iii.
uk Prinj le, Adam
iy Payson, Michael Difii nd. rfiir. I -
Stonfftr, William'Norris, Andrew, El i
Joseph Biays, Hezekiah Waters and
in, or a majority of them.—At Atuia-
polis, for the city of Antiapolis and A
\rundel county, for tbree hundred and
Brunswick, detained ; brig Sally, Lay ton; Of shares, under thedirection of John Joh
Portsmouth, for Boston ; sloop Stork, Big-
gins, of and for Boston, uoceru-in. Dec. 9,
in Lit. 35, 35, long. 64, 1O. spoke shin Nancy,
Morton, of and for Newyork, from Liverpoi. 1.
out 27 days, as well, and supplied the Herald
with a quantity of coal:;.
Schr. Allegany, Scheer, from Bavanna.—
the 13th inst, in co. with schr. Con-
cordia, Patterson, far Philadelphia. Left
brigs Nancy, Bingham, of and for Philadel-
phia, in 6 days ; Clarissa Claiborne, do in 8
days ; Angel, Gamble, do. in Z days ; Eliza,
Gray, from Philadelphia, for N. York, in la
days ; schr. Parmer, Schoyeu, of Philadel-
phia for New Orleans, in 8 days ; brig Han-
nah, Ingram, from Boston, discharging;
schr. Speedwell, Bell, of and for Baltimore,
in 2 days ; schr. Betsy, Baine, from Boston,
discharging ; ship Vigilant, Tuck, from
Boston, ar:ived 3 days before; and brig
Dolphin, Merchant, of and for Boston, un-
certain. Off Florida, was boarded by a
British armed schooner examined and dis-
missed.
COFFEE,
120,000 lbs. of COFFBi'., entitled to draw
hack ; for siila by
ANUBEW BOYD,
No. 3, N. Culvert-street.
October il). ^H
Cherry Bounce.
Just received on Cor.
A quantity of Cherry Bounce,
In Banelt ¦/ a .superior quality and'fl ro<*, fit
fiir¥.imily'aH1/ ishie'li will be s.>ld c/:t. |
