Republican ledger, and Portsmouth price current — Portsmouth, N.H., 1803-07-05 00:00:00, page 2

Sec. io. And be it farther enabled, That
if any debtor who Ihall have been relieved
under this a&, (hall be arretted or imprison
ed on any process sued out on any judgment
or decree, obtained against him for any debt,
damages, or colts contracted, owing or grow
ing due before his difeharge as afore
faid, the court before whom such process
shall be returned or returnable, or any
judge thereof, Ihall difeharge such debtor ,
and if any such debtor Ihall be arretted or
imprisoned on any process for the recover,
of any debt, damages or costs contradled,
owing or growing due before his difeharge
as aforefaid, the court before whom such
process Ihall be returned, or returnable, or
any judge thereof, tlrall difeharge such debtor
out ofcultody, on his common appearance
being entered,without special bail: Provided,
and it is the true intent and meaning of this
a &, that no difeharge whatever under this
a6t Ihall be construed or taken as a difeharge
of any other perfou from any debt, contract
or engagement of any kind or nature soever.
Sec. 11. And be it further enabled, Thal
when the ading judge fhail as above pre
scribed, give to the marlhal an order for the
difeharge of a debtor, it ihall be the duty of
the said judge to lodge with the clerk of the
county in which the difeharge thill take
place, a certificate in the following words,
viz. “ I do hereby certify, that I have thi
day ordered the marshal of the dftricl of
Columbia, to difeharge from imprisonment
A. B. an insolvent debtor, agreeably to the
aa of the Congress of the United States, en #
titled, " Au act for the relief of insolvent
debtors within the difbict of Columbia,"
which said certificate 111 ill be recorded by the
said clerk, and a copy thereof under seal,
shall be received in evidence, in any court of
law in the United States.
Sec. 12. And be it farther enured, That
if any judge before whom the operation of
this adt in any particular case Ihall have been
commenced, Ihall die, refigu his office or
become difquahfied, the proceedings may be
completed by any other judge of the said
court, in the fame manner as if they had
been originally commenced before him.
See. 13. And be it farther enabled, That
the application of the debtor, the appoint
ment of a trustee, the deed from the debtor
to the trustee, the fevcral claims exhibited to
the trustee aod the amount of sales of the
debtor's property ihall be transmitted to and
recorded by the clerk of the county in which
the debtor was confined at the time of his
application ; copies of which, under fcal,
shall be received as evidence in any court of
law in the United states, and the clerk ihall
receive the fauie fees as are fixed by law for
the like ferviecs in other cases, to be paid by
the trottee out of the firft proceeds of the
debtor's estate that may come into his hands.
Sec. 14. And be it further enabled, That
no difchaige of an insolvent debtor under
this ad shall have a greater effect in any
particular date than if such debtor had been
Uncharged under the insolvent debtor's law
of any other date. &
Sec. 15. And be it further enabled, 1 hat
ilie circuit court of the diftrid of Columbia,
ihall by a general order to be entered on the
record the said court, fix the daily allow
ance for the support and maintenance of
priforers in execution for debt or damages in
every judge charged ^iih the execution of
this aft, may in the refpedive cases which
may be brought before him,allow the truttce
a commission not exceeding eight per cent
um for Iris trouble, on the amount of debits
paid by him ; and if any complaint shall be
made to the said jud^e of the mitcondua of
any truttce by any creditor, or by the debtor,
the said judge may call such trullec before
them, and enquire into the cause of com
plaint, and may make such rides and orders
as he may think proper for the accomplish
ment of the object of the trod, and may in
his diferetion remove such trulice and ap
point another in his place.
S-ct. 9. /Ind be it further enabled, That
the anting judge may by order limit and ap
point a time tor creditors to bring in and ex
hibit their claims to the truflec ; and if the
faij truflee Should think proper to contett
any'claim exhibited againß the debtor,it shall
be iris duty to report the fame to the judge
having cognizance of the case, who may ex
amine the creditor and debtor upon oath
respecting the fame, and may Submit to a
jury, such iflues as Shall be proper to fettle
ihe'points in contest, or may appoint twoin
different persons to aft as arbitrators between
the parties, with a power, if they differ, to
chufe an umpire, and a decision thus made
shall be final between the parties ; and the
laid justice may order any part of the debtor's
estate to be set apart, and retained for the
eventual fatisfaflion of any contested claim,
or to be brought again into distribution ; and
if any creditor to whom a debt is due, Shall
collude with a debtor to gain an undue pre
ference, or for the concealment of any part
of the debtor's eSlate or erfed or Shall con
trive or concert any acknow lodgement of the
debtor by parol, or in writing, to give falfe
color to his claim, such creditor Shall lose the
whole of his debt.
From the National Intelligencer.
No. 11.
A Refutation of the Charges againfl the present
Ad/ninifration, that their views and
measures are hojlile to the
Eaflern States.
AFTER this preliminary view, let us
defeend to the fpecific grounds of difeontent.
It is contended from time to time, as belt
answers the purposes of party, that the Con
stitution itfelf gives an undue afeendency to
the fouthetn states. That by entitling those
dates which contain Slaves to be represented
not only in the ratio of ine white population,
but also in that of three fifths of their slaves,
weight is given in the councils of the union
to the Southern States greatly beyond their
proportion. It is unavoidable here not to
remark the inconsistency with which this
imputation on the federal constitution is
made by those who on alt other occasions,
especially when they have any thing to gain
by it, boafl art exclusive motion to the in
drument, extol it as the proudest offspring
of human wisdom and denounce thole who
quedioned its perfection. Let it be recol
ledled too that this feature is fundamental ;
that it determines the basis of representation,
which is the foundation on which the whole
fuperltruaure is ereCted.
It is not, however, our wish to retire
from this difeuffion under these general re
marks. Let the quedion be put, does the
conditution give the Southern dates an over
proportion of political weight in the nation
al councils?
Tiie government of the united dates is
composed of a chief magistrate, ct a Senate
composed of 34 members and of a house of
representatives confiding of 140 members ;
all elected in different ways.
The abstract principle will not be denied
that the true and the only just basis of repre
sentation is numbers. Property of no des
cription Should be represented diftinCt from
the individual who holds it. Os course the
representation of Slaves as property, and in
no other light can they be represented, hav
ing no moral political existence, is inadmis
sible. All freemen ought to participate e
qually in their political rights ; and the day
will come when every conflicting principle
will vanish from the face of the earth. The
contrary principle, investing wealth with
exclusive and immoderate political power,
has covered the earth with slaves ; this prin
ciple will people k with freemen.
Notwithstanding the truth of these re
marks, property has hitherto in many of the
States been constantly represented ; and this
too in some of the cafiern States, where the
chief magistrate and the Senatorial branch of
the legiflattire are elected by citizens pofleff
ing a much more considerable quantum of
property than is poffelled by the electors of
the popular branch.
If this is fair in the state governments it
is as fair in the general government ; nor
Should those who approve it in the one, con
demn it in the other.
But taking the numbers of whites in each
State as the true basis of representation, let
civil suits, which allowance the said court
may, by a like general order, increase or di
minish from time to time, as circurn stances
may require. And no perlon taken in execu
tion for debt or damages in a civil suit, shall
be detained in prison therefor, unless the
creditor, bis agent or attorney, shall after de
mand thereof by the Marshal, pay or give
such Security, as he may require, to pay such
daily allowance, and the prison fees : Pro
vided, that a release from prison for want of
such payment or security, Shall not difeharge
the debt ; but the body of the debtor Shall
never be again taken in execution therefor.
Sec. 16. And be it further enabled, That
the said court may catife to be marked and
hid out, reasonable bounds of the prisons in
the said district, to be recorded in the said
court , and froth time to time, may renew,
enlarge, or diminish the fame. And every
prisoner not committed for treason or felony,
giving such security to keep within the said
bounds, as any judge of the said court Shall
approve, shall have liberty to walk therein,
out of the prison, for the preservation of his
health ; and keeping continually within the
said bounds, Shall be adjudged in law a true
prisoner.
See. 17. And be it further enabled, That
the provisions of this act Shall not be con
llrued to extend to any debtor who is or Shall
be imprisoned at the suit of the United States,
nor to alter, Icßcn, or impair the right of the
United States, to be lirll fatisfied out of the
etiates of persons indebted to them ; nor to
any debtor who has not reside in the diftrid
of Columbia one year next preceding his
said application.
NATHI. MACON,
Speaker of the House of Representatives.
STEPHEN R. BRADLEY,
Prefdent of the Senate pro tempore.
March 3, 1803.
Approved,
TH : JEFFERSON.
In addition to this are other corifidera
tions of great weight, all of which Shew the
eastern States to be gainers. Those States
have what may be called a fixed population
compared to that of the Southern States.
To the former, the land being chiefly occu
pied, there is little immigration, while from
them to the southern states there is a large
emigration. Hence under every census,
until its expiration, there is a regular com
parative gain made each year by the eaStern
over the Southern states; the representatives
appointed at each census remaining the Same
notwithstanding the greatest increase of num
bers.
This consideration operates with augmen
ted force on the Senate. To whatever
population the larger States may attain
thereafter their representation in the Senate
cannot be increased ; theequality or repres
entation in that body being immutable.
All other parts of the ; constitution may
be altered. Thiscan never be changed.
From this view it follows that all clamour
raised against the Southern States, and in par
ticular against Virginia is groundsels, io lai
as they are reproached for availing them
selves of their Slaves as a basis of representa
tion. If they have done so, it was but 10
counteract the operation of those principles
under which the Piefident and Senate were
chosen, which manifested so wide a de
parture from equality in one direction, that
it became neceilarytocheck it by a corres
pondent departure in a contrary dirtblior.
PUBLIUS.
Latest Foreign.
+<*<€,,<,4,^'* > ' <
PETERSBURGH, MARCH 23,1803.
THE clouds of vaiTalage which have always
bung over Russia are faft ditfipating before the
rays of that fun which shines so resplendently tn
Alexander, our Emperor,—lnftances are nu
merous ; we Ihall only add, that Ukases have
just emanated from him, determining that the
Nobles ihall perform a certain number ofyears
in the army :— And decreeing freedom to the
peaLnts in the whole empire. Until this decree,
they were liable to be fold, with an cllate, as
the cattle, and utensils thereon.
——o
STOCKHOLM, MARCH 29, ISOS.
The secretary of the Court, Charles Boheman,
whose arrest was mentioned some time back, ap
pears, by the papers found in his polieffion and
now acknowledged by himfelf to have been the
chief inftrumenc in a very extensive and danger
ous plan ; all the parts of which, however, are
not yet difeovered. He was Member, it seems,
of a secret Society or Order which took its rife in
the South of Germany, but spreading so rapidly
as to draw too much attention, it was found
convenient to change the name and places cf
meeting. The view of the order seems chiefly
political ; they pretend to unlimited power over
Adopt numbers as the corrta principle
of representation, and Virginia would be
entitled to four, & North Carolina to three
Senators ; and the fourth Southern States of
Maryland, Virginia, North Carolina and
Snoh Carolina would be entitled to eleven
Senators.
Apply the fame principle to the four east
ern States of New Hamplhire, Rhode I [land,
Mallachufcus and Connecticut, and they
would be entitled to only eight Sena
tors.
By the principle adopted to the constitu
tion, it therefore, appears that the four Sou
thern States lose three Senators.
Let us now examine what these fame
States gain in the House of Representatives
by the representation of their Slaves.
Maryland gains 1 Representative
Virginia 6
North Carolina 2
South Carolina 2
11
Thus it appears that these slates gain 11
Repiefentatives, and lose 3 Senators and a
certain portion of political weight in the
election of a President.
As observed, there are in the Senate 34
members, and in the House of Representa
tives 140 members : each Senator, in politi
cal weight, then, is equal to something more
than four Reprefentives. It is, therefore,
evident that these Rates sustain a loss in
this view, independent of the others that
have been taken. For three Senators the,
lose they' ought to acquire at least twelve
Representatives ; whereas they gain only e
leven. Besides which there is a materi
al less in the election of the chief magis
trate.
Us fee how it operates in the folurion of the
present question.
In the election of chief magistrate the
larger Rates invariably lose a proportion of
power in as much as the fame addition of
electors is made to the number of represen
tatives to which each State is entitled. The
larger the state is in tier white population
the greater the loft. Virginia mult there
fore incur this left, in the greateU degree.
In the election of Senators each State is
entitled to the fame number, viz. two ; not
withstanding the disparity of their popula
tion.
Private Letters from Turkey state, that the
Grand Signior intends undertaking a journey
to his Asiatic Provinces. It this intelligence
be true, we may infer that the Ottoman Gov
ernment begins to adopt a system, which ap
proaches more and more to that of the other
European Powers. Such a Journey cannot fail
to produce the most beneficial effects, in uniting,
as it were, into one common centre, this vaSt
Empire, various parts of which would fain de
tach themselves. Every thing is to be hoped
for from the wisdom of the persons that at
present compose the Turkish Ministry, and
above all the difpofiucns of the supreme Chief.
At the fame moment that the Porte places her-
Self in her proper portion, with reflect to exter
nal relations, as well political as commercial ;
She will not dcubtlefs, negled the means of per
iedioning the Administration of the Interior,
the Strengthening of the chain which unites all
her fubjeds in one common Society, and which
attaches them to the government ; and in fine,
to crulh the germs of Rebellion which so fre
quently manifeft themselves. The absolute sub
mission of Egypt will not in a small degree
contribute to this happy effeft, if the Porte holds
firm the reins of Government of this Country,
and keeps on a per manent footing, a refpe&able
Body of Troops, She will not be under the least
apprehensions from the Beys. It is reported
that the Beys have not entirely delivered up
the whole of their Mamelukes ; but that on
the contrary a great part accompanied them
to Upper Egypt, but in admitting this to be
faa, it is ealy to perceive that Egypt well gov
erned and defended, has nothing to fear from
the hands of individuals, whole principal force
confined in the connexions which they main
tained in the interior.
BOSTON, JUNE 23.
From Cape-Francois.
Cape. Bailey has arrived at New-Bedford,in 22 days.
A body cl brigands (about qcco) had a treaty ; and feme
cf them were in town daily difyetiug of produce. Many
are yet heftHe, however, and the outpefts tske prisoners
daily ; and they, are ih general immediately giten to
the blood bounds.
JUNE 29.
Fire at Fort Independence.
Yellerday loreuoon a tire broke out ipibe large
building improved as a Laboratory, at Fort Inde
pendence ; which with its contents of military ap
paraios, Lores, tools.&c.u ere principally deltroy
ed.-—We underhand this loss was occaioned by
tie accidental explosion of a rocket, which one
of the artificers «as making. 1c is fnppofed the
rjmnnr encom tert d force piece of iron, which
communicated file to the composition ; and caused
the explcficin of about eighteen pounds of pow der
which inllantly tuft ofed the building, and Scatter
ed the flames in every pert of it. In a room adjoin
ing that in which the fire firft took, were Seven
calks of powder, which force fokliers at the in mi
rent rilk of their lit es fnaicked from theflames ; —
though one of them was unheeded. The couker
nation of the garrison at this event was great ; —
And the women and children were boated to
Governoi's IfEml. The people of Dcrchetter,w ent
with their engines to the aflillance of the garritop.
1 he artificers, v e learn, were employed in pre
paring fire-works for the celebration of the ap
proaching anniverf: ry of Indepcndenee ; and one
of them i c so Severely burnt that his life is despair
ed of. Tie building destroyed formerly used
tor the State prison.
o
Asiatic Nonchalance.
Capt. Gilman of the fliip Manchester, of Phila
delphia, arrived at New-York from Canton, in
forms that just before he failed, John Tuck Grand
Hoopoo of Canton, (Chief officer of the Cnfl°o>s)
was poisoned by order of the Emperor of China,
who sent three Mandareens from Pekin for the
pmpefe. The fit ft gave him a poisonous pinch of
Innff, the fecoud a pill ; and before the third was
administered, be was a corpse. This is the mode
in which he was punished for squeezing the
poor. He tock the poison with as much c<ni
placfucv as one friend would take a pinch of fkuf
front the box of another.
all govern rr.cr.ts ; and all the members arefcern
to drift leciely ard to implicit ctedierce t<, un
known Chieis. B chcrc . n , fyabwXby
birth, having ,been many years settled in Den
mark, where lie has cftates, the Ki rn -h as or
dered him to be delivered up r o rhe 'Difh
Govern ent. A Royal Proclamation Lu bcen
published ch this cccalron, requiring all perfers
who are at the head of Orders or Arfeciaticus
of any kind, to deliver to the Magiftiw c! , a cc ,p v
ct the term of the oath, and a written detail
"ri ?kjed of their Society, under pain of
dilution of the Older. These documents to
be laid before the King, and after being revii.
ed by him to be returned, and fcive as a vuide
tor the conduct of the Order. The Civil Gov
einor oi Stockholm, and the Chief Magistrate in
country places to have free admission at all
times, by virture ot their office, without being
received into die Cider. They have alio a
right to be made acquainted with every thing
th^t paths in me Cider, no decree excepted.
Ihey are however, bound to observe the fame
lefiecy as the Members, except in regard to
!,'",!'"'' °^ce makes it necedary to dilcover.
l^he vice Mafor.s, who arc under tiie immediate
''°''"° n °' 'he King, are alone excepted Irons
this inspection.- 0
, Paris, m,y 9.
At Livonia, and in the interior ot Rudia,
great quantities ot timber, and various other
articles, uecetlary tor the conftruaion of veifels,
are purcbafir g tor the account of Fiance.
Letters from Stockholm stare, that there is
every reason to hope that the differences be
tween that government ' and Russia will be
amicably adjured. The assembling cf troops
in Milliard is discontinued, and a perfeft har
mony is said to be retimed between the two
Courts.
Latest by the Mails.