The enquirer — Richmond, Va., 1805-12-13 00:00:00, page 3

£1^ inquirer.
a .\:i:.\yj \ j), wJJ ' drc^mberT"“
J*hc following fkotch of a debate io the Houfc
f" Delegates, '.a no farther intcrelting, than as
it may 1?) :J Ibme fight upon one branch of our
o>vn iuJf.Mtm-c, and aa it may indirrttly bear
upon the queftioii of arbitration lately agitated
ia fmw of cur filler (latca. paitfcularly in Pen
fylvanial
JURISDICTION OF CO(TXTT MAGIS
TRATES.
Hovfeof Delegates, Monday, December 9.
Report cf the Com r.itlee for Courts of Ju/fice.
Jt.f.fatJ,.Thtt it is the opinion of this committee,
fhar the petition of fupdry inhabitant#of the court/
of flarrif.m, jtrayinjc that Io much of the a 11* of Af
feribly, n« authoriTe# the recovery ofdebt# hr petition
and lu it mms, may be repealed, and that the jurTf
di.-ron of Juftice# of Peace mar be extended to thole
caf-s where the caufrs ofsdtioa Hull nut exceed twen-i
ty dollars, ia rcafunable. '
Mr. R. ibertfon was oppofid to extending t!ie
j irisiliit'on of Angle m.igiftrates. They were a
body of officers over whom the people have not
a fufficieut ertntrmif. Confideriag their inde
pendent condition, their powers were already |
rxtenfive enough. Tn trials before (ingle ma-1
g'"tri»es, the people might be irremediihly op
prefled* beea'ife the forms of proceeding, a id ;
the ryles of evidence, were not the (Tune as they ;
ate in a.iOMJd of .ju ft ice. There was no hand j
which could be ftretched out to controul the !
abufe of the pp.we.r of Magillrates. Legin.itorsj
and mod other officers, may be forced to do j
wh it is right, but this clafs of men exhibited a :
fintful ir exception. And was it not the firft j
p inciple of a republic, to give men as fezu
powers as polTible, and to put the bed polfi'nlej
check upon the abufe of tbofe which were gi-,
ven?-But, there U another reafon againft'
this extended jurisdiiftiou. The poor people, j
who were not repret'ented in that houfe, would !
be peculiarly placed under the oppreflivc ope-!
v it ion of this law. It was as. important to!
them, though their {peculations and dealings
were' limited to very fmnll turns to have ti r.c .
allowed to them for making provifion to pay!
th£ir debts, is it was to the rich nabobs of the
country. But fbouid they he thrown under the j
jurifdhftion ofafingle magilliAtc,.their laftcnw or ;
bed; tlie laft pittance which they had in the'
world, might l>e r iviihed from them within the j
fnort (pace of a fortnight. And oug! t not juf-!
ti«V to be dirtfiboted equally among the people?
-In nifinuafio i mar go forth (continued
Mr. li.'jthat i" is the iitii:fl of lawyers to k-ep •
as much bafiuefi as pofiiMe within the courts,;
fi'iee they would k-JJom be e nployed b.-tpre a
(ingle uwif '.flr.te. mid they would confrq.uen'b'
b•• deprived of their cuftomary fees. But for
his own oart, he Ihoidd defpifi fuch an tritium-i
tioo. He could 4rub« • (late, that th e «os
fcarculy a.t iwveo hi his county, who rece-v<-d i
nr»re.th:va -tfi or'20-dollars- per mourn, on lu'ts-j
iiiftit.utfd for the recovery of h. f-na'l him - . ;
r.Tr. Har-ip had not r xprCt- l this e ir:v dif-i
cuffion i'rhc pnffient fuhjoit : hrwniivlec'1 ti- ■
ken hy Tirprile ; hrtr Mould ‘•- have p’-ru ivd j
to exprefs any oain'oi, untm it, had it not t-weu i
our, on which'he had frequently refined.— I
Unp irnilar as the adifftion might hr, he w;*n!
himfelf lawyer. If had been his fate to attend !
the proceedings of courts ot juttice, a«d t-» wit- !
nef.i the v’ourfj which the 0''cfent mode, bv ot- '
Ii*ion an.d fudi'n ms. ufmlly tak>*s. H- could 1
venture to dr. \ .re, from tV reft!’*s of his own I
limited exp.ri.are, tint if there hid been \ ‘
. in::ii anxious to retard the rights of the poorer j
daffies o the pr.ipU, thepotirfe hy petition an 1 (
1 rnnvm.s \vpnld have bren.the very on-.* which !
l.c .vatfl.l have adopted. There is not an ex-!
pr*. S.ia ic Ih.wEnglilh lirtguijje, which c»o ade
O ntely defimhe the opprftH&is- of the *, wner
c fen-of the cirri mtftv 'r , n this dilatory pro
cef;. . flisexperk-itge !ia 1 in truth been widely
d k-rtat fi im tit of the guit!e*mn win* lift
ft- .ke. lie h id '•r ; ftilrd'm two county court*,
an 1 in one of then, (he a'luded to the cnu*rtv
court of 'I mrt ■ i) *hr migi't-rates wav* remark
able fo. t eir IVc V.io i to bufiit -f , an 1 h<- could
ventur- to fiy, tbit petitions hid rern iiw-d up
«•:> tin- docket for ve trs without trid, ffi mrt
after coiiid, »v! .houth after m i th, th'* poor
man attl :d ' fi.tings, reduced each ti*r. • hy
nr a- . ' ir»; ueiits, t: continually djtlipving a for
th ■ pittance of I i:j money. ,Tf onthlr
is vv.iui'd go thi oil rli tlg.ir ;*'..r hufi-iefs ;
tacir p rob ah of will' >■ . but t1. petition -and
fnmnriqni do-k t wa . y*ryari thly poftpxjned till
the Jil. W-iu d so not fore fee the s:mffqii'*rice?
A debt which d’d not originally exceed t.“idols,
mi ; ! >y the aid ofliArir’s, clerk's ami Ibe
r<< fees, at k-ngf’i run up to a fim if fuch
digoitv i« to re ;u:re the intervention of a furth
comiog bond : upon this a motion is made ;
ne w fees are -alt in, ai d the total amount be
en'rirsihus intolerably c>pprclTive. It bid been
tilted,-be believed,by Colquehoun in ids police
of the mutmoolis, in regird to the filing for
fmi!I debts, tint In recovering jf\. moft com
monly- : tor. Was fpeut.
As ‘td ti e reproaches which the genlleman
had call upon t^c b >dy of rmgidtfifec, his opini
on was a*fo differ nt. IT.* did not Isclieve, that
there , exBtid aby pinf i of men ex ft rained
throughout, who could exhibit greater integri
fy of dura der, charnefs of judgment, and
f ni idncfi of information, than this refpe‘table
(> »dy. They were appointed l»y the executive,
at>er due enquiry into theif conduct, and after
previon i nominal t-m* from their ben-’h. And it
tt'ts a f ifl, worthy of hei»g recorded, that the
dreiftof t of n fet of men, who were unacquaint
ed with the quibbling of the law, and with the
hla K letter, wr*e more -frequently affirmed
l>y!he Court of Appeals, than even thole of
the (Viter d Court. He could not, therefore,
coft'-eivr tnat the filtered* of the poorer cjrtffcs
nt t'te community c >ui<i be pi.iccu in hiu'ic wui
thy hands.
Mr, It. JIurrifon ohfervrd, that hi' had b«xn a
fttagidrate for 1 > years j hut that hehadnrvrr
felt that propeftfity to abnfr hi» own power, ;
Which the gentleman-from Oinwidditf hid foe*
Joiuentiv deprevafed. • By an indifferent oh*
fi-rver, who hr.irtt thi* trefltlemab, it might be
fuopofed that Hie preflmrpetition had been of
fer* tf By the mnyiflrateii themfelves.• ft was fo
far, h 'Wgt'er, from their filtered, to have their
ji:rif.l»5tlon extended, that if cmild h;(ve no o
toer i>T- 51 than to irtefeafe their trouble.
Mr. Hole rlfun had not expelled that this
rj tc't!an wnujd have been taken up to-day, Sc
it waa.therefore probable tit it he had not deli
v rc-1 Id.nfelf with ad that slifliiiclm la which he
cottM have wifbed, !|; lamented that the few
n y nmeins an I ohferv ltioos whioli he had tffed
had been Io n'lirlt u-i.t <ken bv gentlemen. It
was far from his Intention to ft'* nati/.e the nu
gillrirtc*.
VIr. 14 mrir. * N if vVas it mine, Sir, to Big?
tnalf/v tint gvrtUman,
Mr. Ito.H rtf< n. If 'mgidratrs it5l pmprrlyy
if is naVne n ma'.er of court, IV than of e.ompul
|ioi». Bi t t tji* msrn part, lie was not fafijHed,
that any of t*. ig itl of the propfit BtoHid re»t
upon this capricious principle. TT<* wanted a
eontrool *to font* them to the r>Hfervaoce of
their dories. It is not fo much hecoife they
done amifs, as that rli*-y ni.iv do amifs,
that lie was oppofed to an rxtenfion of their
oowers.—Whatever gentlemen may fiv to the
contrary, it was a fa3 that ;ufli<*e is meted out
to the poorer claOes of the people, Sy a very
difTere.it rule from that which ad mini tiers it for
the rich. If ft was right that the poor fliouM
Jx ma le to pay a fmill fu:n in a few dies, w.n
it not right to make the rfeh mv ! ir*e Aims in
the fime time ? Were not d illari of ,v« much
■ value to tne poor, as pounds to the rich ? The
magnitude if the debt 'makes n 1 diffeivnee in i
the jollier of the principle. If it h- prop*-:, t.»
limit the period f >r re- orefio'.* fmaller debt*, '
a'hy not «-xt* nd the fa ie rule to larger on,**?'
| Mr-R. oHfciyed, that a certain period ,was ne
cefTa-y in h'otb theft* cafes, t > enable the de St
or to fpeculate and difpbfe of his property to
tl^eheft ad vantage; <Sc would beoceuliarlynp
pretlive upon the prior, if they alone were to be i
fhut jiut trP'ii this indulgence'. It wouUbbe fid!
more fo, as they are mi' neprefented ill this
H'tufe. We, ,(*aid Mr. R.) reptile it th** rich.'
|* Petitions and fhnrnnoiifis .ire not tried.” Ttrs
'■* no. argument. The magiftratea may call in,
rhe petition docket. Why thch do They not >
\\ hy diould they wait fir the lawyers to do ir ?
They may t all it up at le ill puce a month, ex- i
cept it the Quarterly Courts.
rlr. Il irtfic would make one ohfervation on- ;
lvju reply. I he argument of the gentleman *
from Diuwiddie w.ib predicated upon the dif- i
tindtioii, which would exift bet wees the richer !
'k poorer clafTes of t he People. Tor his own put,
he was incapable of difeerning it. Should the
prefent rtlolution pafs into a Inxv, would not
a wealthy man be fa hi cel to be dragged by a I
warrant before a majr'ftrate ? It had been hist
lot to bring petition* agiinft an extremely wc*.xl
thy man. Under the prefent law, cafes niav
frequently occur, where a rich m«tV fo harraf
fes the poor, that the latter U atfuaily com
pel jedto abandon hits claim. If it afrends to
a dignity fuoicientlygreat tohe carried into a!
court of equity, then is the oppreAldn of the I
po;»»* not to be concealed or palliated.
Mr. Henning dated, that the prefent rncafnre
had been more than once fucccfsfu! in thofe
walls \ and more than once had it been nega
tived in the fenate. It was no wonder thfre
f°re that the people fhonid (till continue to
petition. There were two points, which had
not been a* yet touched upon, id: That a
petition is often an invitation to the debtor to
run away- He removes with his eft’rvd* in the
open day, and carries with him all the hopes
of the creditor. 2-d : That the middle and
wrfhern parts of the ft.ee frand on differin'
grounds from the others. 'There, the parties are
obliged to travel to them cour's with a I the rx
pynces of witneffes 5c~. and it was no wonder
therefore that the creditor fometimes ahandon
e ! his claim altogether. He laid that no com
plaints exul.d under the pref-nt law ; why then
anticipate Injuries from the extend an of the law ?
Hr hoped the hill would Se fodered to nr grefs;
it might probably r-eriw fuch modifications,
as to recon. ile a|l pirns.
M>-. Hob-rtbni moved that the words “ h<
rea enable” brilriel.en out and “be rq -tft c«.l ’ *
iubH’tofrd in tiieir placr.
-Mr. F.ove reprtf-n'ed * he anxiety of bits cou
di(uentB tn have tome alteration made in the
exOtt.v; law. Tf f'n«re ivas any dm as to the
ndv.ant ores, which i'. m r/ produce to the poor
er clafles ; if there was ,ny fear <>f their fufTcr
ing opprcllion ; fore I y Mu-fe diffic.ulties inigh'
be remov'd hv modelling the bill upon a proper
pian. Sii ely the ingenuity of the legillature
'V|H '* *t yet e than fled, The law as it at prefent
ftands, bear in fact harder upon the poor than
rich. Though the former are cadet! upon bv I
fhc latter, yet it is to be recollected (hat the I it- •
ter arc alfo called upon by the former. Though •
the poor owe fitnll ilebts, thev have fmall debts I
owing to them. Unlefs (he p.cfmt law is al-I
tered, it twill frequently happen as it haftalrei- j
dy done, that many trifling claims wilt he aban- j
denied from (lit . xpri.ee of recovering them. j
Mr. Smyth would not have interfered in the j
prefent difouffion, had not his conftituents ex-j
preified conii lerahle anxiety about amending th |
I m .—As to riie ffrfl objection, which had been !
brought forth, that the pr. fmt amendment j
would increafe the powers of a body of mm I
wh.fe powers were already too great, he could
not admit its force. There was a modgfor con
troli-ig the arbitrary ib.ifc of t ie power of a
mayifiratc, and whatever might ha<e been the
good fortune of the gentleman from Dinwiddle,
with regard to the virtue or imounity of magif
1 rate •, it had been hisdif.igrceable! otto have wit- \
netfrd tin. rev. rfe. He had himftlf fcvn a magif-i
trate puniihed by a fine for mifbehaviout. The
idea ought not to go out, that they were above
confront. Our laws had already pointed out
a profecution upon indictment or information
as the means of redrefs.— As to the I'ceond ob
jection, it waa fufceptiblc of as eafv a refutati
on. Small debts are equally doc from as well
as to free holder j. To them therefore the ad
vantage anting from this mcafure will be no
greater, than what will go to the poorer claf
fes ; Si by tljart will the oppreffion be equal
ly felt. Debts of this dignity (added Mr. 8.)
are equally due to the poor as well as to the
rich. Where jiillicc is of fuilioient importance
to jollify the eX)>ence, it is r g!.t that it rtioilld
be incurred ; where it is not, the expence
ought to be faved.—lie could date to the
houfe a particular cafe of petition a .d fum
■nons, Where the cods had rifeii totiot Icfs than
300 dolls.
Mr. Clarke (of Campbell) afVcd, where was
the propriety of adopting this me iftjir on the
petition of no more than !> or s comities. This
meafure had been fame years agitated in the
houfe. It h id been as it were recommended
to tfie option of the people ; and yet not more
than 2 or :5 counties bad come, forward in its
fupport. Would it then be right for the houfe
legillating for the whole of the ftate, to ac
quiefee in the will of f.i f.r.all a part of 'it l w'n.at
could he fay to bis co.iftftuents if they were
lo put incfi aipicRitul to lipn : The prefump
t.on therefore is,that except two or three coun
ties, the balance of the people i* i» favour of
the prelcnt iaw. lad the pre/cr»t meafure pafs,
rrtttft not the parties before a nngh; m igiflrate
have the right of appeal > A court of 4 or .a
magiftfatef may and do now corrctSl their own
judgments, by the HTuing <»f an iujurtction.
Cm then a (ingle Magi ft rate be expelled to go
right, and ought there not to be a right of ,ap
peal? Where lie pi.niti fed (faid Mr. C.) there
r. ere no delays more than lor 12 nor oftener
than G months, in going through the petiti m
docket. There, vo perfou is aggrieved by the
prefect law.
Mr. Mill obferved that the prefect law
brought too proverbs ii'itd his view, that ** what
was one man’s bulinefs, was no man’s bufinet i” I
Hud that “. wliat may he itoue at any titr.c, i s
done at no time.” Tlii* is the cafe with fuits
referred tofhe county courts. Bccaufe they
ivy be tried at any time, they arc tried at no
itfne. .The;Dockets arc never gone through.
In lome counties where he pia.'lifed, for in*
ftain e,it was not completed more than thrice
in | f, yv .i s j 4>« his own, not m nt th in once in
2 or '■* years, it was no irgumelit to fay, that
the pciili jus bad not tonic trort* a.'t parts ot
' till* ft.tte ; her hT ; • ,f cafe many evil# wont!
cxirt kviiliiwi a rciueijy, II theft i*.u no pe’i
tim, time would I*. no rid rr fa.—It w.v on*
right to fay, that the prefent menl'ure would fall
more opprc.Ttvcly upan the poorer cLtffes : be
cauV the poor arc •'tore generally defendant#,
and the rich pbiiotitfs; -Merchant* on wind
ing no their hnitorft.-, orbmking tip t’neir part
nrrfVp*, always crowd the petition Do-'ket
wiMt their fuit*. A ml the reafon why the fi»it»
miv ‘bear hard is, the accumulation of the debt
from the addition of the fees.—Mr.H. referred
to nrecedeuts from our lifter Itates. He had
praiflifc.l ';t a ftate. where the jurifdittion of the
mapiftrateat that time extended to £. t«d; and
(in :e it has been extended to £. «Jo. B it under
the former regulation, not one in a hundred had
appealed, though they had the right; and un
der the orefciit, he had heard of no complaints.
Hehop.d th it the houfe would adopt this mea
fure, as it would ftinw that lawyers are not fo
much hla.Ted by their own interefts, as they
have been generally fold to he; and beeaufe it
may thus lead to greater conciliation between
them and the other members of the commonly.
Mr. Byrd fuggefted that his emftituents were
fo warmly attached to the prefrat meafnre, that
they |* ,d even covered a petition in favor of it
with ;» or 4 hnndretl ftibfcriScr-t. He him
felf had prattited upwards of fix vears in three
county courts. In one of thrm the petition
docket had not been attacked in all that
time; in another of them, the petition dock
et had not been touched more than three times,
ami the third court bail never taken up the pe
tition docket, except-a veryfc;v tinn-a. The
petition dockets in thole court* have not
been at all changed fince that period. Does
unt the prefent law then call loudly for refor
mation ? Is not this ebmpittc delay of jnftiec
equivalent to its denial ? It Ib a fatt tit.1t a
note for 15 or 20 Dollars is not worth more than
half tlie price. Mr. Byrd (hid that the lawyers
coaGdrrcd it lliamcfu! to bring a fuit before -t
magiftr.ites, that might be entity and fhttsf.ttto
rily ti icd lieforc one. He could mention one
cafe, in which the cofts of a fuit on petition &
luminous had amounted to y.5 dolls, and ano
ther for 12 dolls, the cofts of which had a
mounttd in 3 years to 60 dolls. The gentle
m m from Campbell had fnid that he fhould vote
again ft this amendment, beeaufe he was not in
ftrutted. He (h'nuld recollett however, that
we were Iegiflating for the whole ftate, & not
for a part of it. Let the prefent meafure p.ifs,
'^1 ud Mi. B ) and Juftice wiil tbrn he with kj
what it is now with him. It is true there is no
general iuftruttion by the people ; but it is alfo
true, there was no recommendation by the Le
gifla! urc to col left the fenl’e of the people, and
none from one county to another.
Mr. Laidley and Mr. Sharp expreiTed the
willies of their refpettivc ronftituent# ; when a
member moved to take th*- Ay< saiul Noes.
Againft the amendment 105
For it 35
The queltion was then taken on the original !
repoit of the < ommitee of Courts of Juftice,
aiul the refolution was carried by a large majoii
Ordered that the committee of Courts of
Juftice do bring in a BUI purfuaut to the laid
rtfoLiiion.
N.. nvt *. can perufethe preceding flcetch, without
h'*ing drink with the obvious contrariety which ex- i
ifr» between tne ufiit.il ftate of the judicature in the I
d. lit rent counties. Kn fo.ue nf them, the petition *
docket is Rated to he free from tinbarra/Tnumt; in o
thers it is crowded with die unlinuhed labour of pre
ceding years. "I-here is none too, who Joes not per
ceive, that this contrariety is important not at a rm-re \
matter of theory, bur as being the foundation of dif
erent nieufure* of policy. From the ftrfl, it i. infer
red that there is no neccflity lor altering the exirting |
laws ; from die latt, that .t is ahinlmrly proper to t.iae i
theft; petition* out of riie county courts, and fuhimt
thrwi to the juriftlidl ion of a ftnglr magiftral*. Does
i*o: filth a fatt as this fliew the rttrenu; utility which
would refult front a general review and uuderll anding'
of our judiciary fyftein ? Let then the Leg flamre !
inftrtini h .■ Cieiks of each county-court to draw out a •
gcner-J ikctch of the Rate ol their refpettive dockets,
rot only as they at prefent ire, hut aw they have bei-n
•for feveral years pa ft ; and diftriku’eH into Inch heads 1
as may exhibit the various clalTrs of suits, both crimi- '
ujI and civil, and civil fuits f„r greater or (mailer
fums. Let tile lame plan be even earned up 10 the
i»ii}.erit.r LptiFls. ——It was by fnrh documents
lk tiiefe that the Prefident- of the United States I
laid open fo completely, a view of the dif
ferent federal courts, and fo fuccefsftilly allifted Con- :
'/refs ir. if* deliberations upon the great qu eft ion of,
new-model ling their jndiciary fyftein. If fuch a '
ichedule 2s we have here, recommended, produces no !
‘•'her benefit, i: will at leaft hive the effeift of fhed- ’
ilnrg coiifiderahle light, upon our former andourpre
frm plan; of criminal jurifprudence. The number of !
crimes which have been perpetrated under each, may,
in tonic degree at leaft contribute t > Jhevv their com
pa rati ve cwilcqueuccs*
i
Durn* the fitting or tlw Legislature on Tucfday,
Mr. Milbr (of Powhatan) observed that our relati
ons with fome of i* - countries of Europe, had at
this time alTinned a gloomy and portentous al'pedl. I
1 hey nail made depredations upon our commerce, |
inroads upon our territory, and infixed numerous & |
fevere injuries upon our unoffending countrymen.
The Prefrdewt in h« late tnefihge to Congrefs, had
recommended the adoption of fomc eiTeJldal nn-afures
for remedying and preventing tliefe aggrelfion* upon 1
our rights. Other meil'wcs, however, might be ru
forted t.-> for evincing, if not the force, at leuft the fpi
rit, of the nation. It behove* us; it behaves all the
people of the United States, to rnarfhJI round the
ltandard of the governnn.it end to convey to thr
world the un'haken confidence which they feel in
tJ»e wifdom and firmnef* of tlm adm.niftratiom and
the.r determination to fupport tbe?n in every m'afure
v/hich may he required by the immediate intvrefts ol
tr.ir country. He therefore lubtnrffed to the houfe,'
the lollowing preamble and rvltdufion :
At this important crifis in the affairs of their emto
try, the Legill itrtre of Virginia feel jt to be a duty
they owe to their condiments, from among whom
they have fo lately emanated, and whole wi’ihes and
opinions they therefore diftindly underlland, to e*
prefi the following feminisms, 1'hey have feen with
admiration and plcuftirg i:i the intcrcourfe of the r,re
fent "f 4« ——... r . r. ♦
tw..c ui» j^wiaiiiticui ui in* uiiirca
States, with foreign nation), that iufl, rational and li
beral policy which thould ever charadl erife the a<5U
of a government rolling on the w'di and maintaining
the eight* and mteretlsof a fre* and enlightened peo
ple. With r*al mortification hive they dtfcovrreil
that from all nations tlm fame correa and dignified
conduct may he looked for in vain. . They have per
ceived with indignation the injuries, which power
and ambition Inakitiy ilie ntnft erroneous calculations
on the ftreilgth and policy of the U. Htate*, have in
Hi,-led on the fair commerce and immutable rights of
onr fellow-citr/en«. Wjth ullenifnment they have
feen the mod rational principles in the laws of nation*,
difregnr led and contravened by government* preirnd
<»g to a 11 on that liberal and enlarged jtifUce whtch
it behove* every enlightened nation to purfue. They
have beheld with corroding Lnf.it ions, Spain evading
the mofl equitable cuntiaCl* on frivoleu*pretexts, and
dt , lining lo» to enter idte a fair adjeftment of our
differences. They hive Instiled with dill more un
pleafant feelings, that ion jmj luve figen made by the
regular officers and foldieri of >:*it t-r yrmnietit into
j p-.cn of Orie ms and the Miflimpni, which ha J lnfn
1i delivered up fo us, arid th: t. riuf cirtvca* have h^*>i
fei/trd a»sd onr property jiurdered j
Rtp tbtr ti t th! f ^fstur, »/ I'itgbu,
1 brvt tbr ligbrfi tc»JiJtn(r i i the «to.V.*,, vfr*re eiuf fiym
' *f- °fC'"izrtJ\, A* P> /It ft »/ lit UvWl aril
I * j - fa 'iylmttv*, utiJ/i .1 they ar, y(1,fy -,y ti,y
We are proud to perceive that the Leg’flatttre
of Virginia are about to exprefs their fentiments
with refpee'l to our foreign relations. We con
fidently hope that the fame' lau'.table' policy
will pervade the union. It is now time that
the people flmuld strife in the majefiy of their
Strength, and tlioidd convince foreign nations,
that there is not one man among ns who will
not goforth to refill their agvrelTions. Let
ns put on a military array : Let our r«iolut'ion:;
breathe an unyielding . ]et m fnake'e
verv ttecelfary preparation for encountering
holfilitirv, and there can he no doubt, that
Spain,-tho' fapported and ftimuUted by her
ally France, may rrfpedt otirftretig'h ami do
juflice to our demands. Under •a mooarchiea
government, the people- may fpeak ft» vain ; their
language is no index for afoeitunlng the ref>»
luti »n of the government; hut in a republic,
let the people fpeak ; their voice is the oracle n?
the government, their fpirii is the terror of
foreign countrick.
The Si nate adjourned tail Monday, to meet
again on Tuefday next.
Wepnblifh the lengthy Law Report which
appears on the lsft page, of this paprr, for th
purpofr of explaining the grounds which are or
may hr taken, tor adop ing one of the nn,
principle* “ interpolated into the law of Nati
ons.”
A gentleman inthisrity has rrrrb-.l a letter
fr°n> his friend in Walhington, in whigh it is fta
t: d, •ha*' Fourteen fitin-Boats arc to be P 'ion;
ed at New-Ot leans, under the command of
Captain Shaw.
ifirs
FOR T11E ENQUIRER,
MARSHALL vs. CONRAt). '
' This mofl important and celebrated cafe, has
lately Keen reported, at length, in thtr columns
j <>f the F.nquirer. To that report it it, anxioufiy
; wi rtied to turn the attention of our countrymen;
drat lead fuch of them as wiih totfpv danger
at a di dance, and who believe that trivial forms’
may produce precedents, to hear out the inoft
'enormous and nefarious confequcnces. -
j Our countrymen will judge therefrom, wl«c
thri fince the above dec'dion, our citizens in the !
Northern Neek can clnim an exemption from '
the payment of quit-rents on their lands, by a-I
nyfti-onger tenure, than the moderation of Mr.
Fairfax, or th>fe fpecu/atars who have pm-cha
fed, or may purchafc, his rights. Tlirir alarm
and anxiety on t‘ i, ful.jeJV will not he lelfem-d,
; when they find, that one of ourmoft diAinguifl:
i ed judges, has infinuated his opinion to be, that !
dll thofe quit-rents arc recover ible, under the!
! treaty of peace ! (See Tu-ker’s Hlack. 2 Vol. j
' pa. 42.) 1
£>J,f to’Ja " in a . v »' r
mjnred W| /, /rj, «* molUh par ty can do the Other tUe m'.ft
form.M ' . . s
Referred to the committee ufthe whole on the ft ate
of the commonwealth. *
Mr. ti. Harrifo!) moved that tjtcfe rcfohitions be
taken up on Monday next.
Mr. Harwell hoped th .f" fome more ditfnnt dsy
would be mentioned T hough nomau could entertain
.» higher refpedt than himfelf fur the vittOetsad wit
ilo.n of tne nlSctr, who cow prefided over our afjirs,
he Ihouldftitl be extremely unwilling to commit himfelf
by any prematurr approbation of the mwfurcs of the
admintftrarrt«i. Asrh<; Frclident in his late MeC.tgc
to congrefs had promiled to m*k- a further commit*
ntcation on out ru'jtioa with Spun, he thought that
| the l.cgdltturJ ought not to c«ue to any final n-t.lu
t tiou on this lubjecl umili this.cotumunicuiioa had been
laid before the nation
The f|>eaUer.obferved that as this refnSuHbn had I
been rtferre J to the eammitl-e of tt,e -whole on the pat* '<
of the in-nmoo'oealth, it Was ouf of order to P.t upon any
particular day for calling them up. It was in the
power «>l any member to call them up for difcuflion at
any time
Ordered^ That l> 50 copies of rhe foregoing preamble
and refoiution, he printed for the ufe of the' oicav *
hers.
That ground of rl urn. has been always fore-!
fern and deprecated, by our heft, an l wiftft
patriots. It was referved, however, f. r the
Court of Apnea's to find out, and e/]aUifb. a
nr*iv ground of tit*«r $ and that is, that Lord .
Fairfax was n'ofolsite owner of tire foil when he j
granted if out, .and that thus the rents referved I
on nhfofute grants of his wafte lands, were
tfround-rents, and not quit-rents ! 1 fay this p -
fition waseflnhlr/hed, by the judgment of the
Court of Appeals, in the cafe before us, for no
thing is more clear, than that no fpeeifi.; appro
priation of the lot in nueftion, had ever been
made by Lord Fairfix to his own uft ; and if
this p dition hr eftablilbed, are not n’l the quit
rents i:i the Northern Neck equally recovera
ble ?
As then there are two grounds, thus firftion
ed by high authority, on which a claim to the
quit-rents may he let up, I repeat, do we not
hold the fame, at the mercy of Mr. Fairfax ?
or perhaps, from his fear that a rebellion would ,
be excised, were he to come forward, until he |
was fortified by a precedent from the Court of.
Appeals, given in the firft inftanre, upon aj
foialler icale ? A perufil of that report will 1
fhew, that the Court did not, and eo.-ld not, be
tween the then parties, decide the f-veral quit
re nts to he irrsrover.tbfe. Two judges indeed
laid fomctmng faofelv on that fobjeft : The pre- j
filing judge was filent on the fohfcft, and the*
difTentin/ judge difrlaimed n difference between [
the two rents. When to thefe, thru-lore, is '
added, the opinion of the refiowitry judge, be. |
fore mentioned, that nl! the quit-rents are rceo- ’
verable, may wc not confidently afk whether
the dccifion in queftion may not, hereafter, be
ufed as a precedent ? '
An anonymous writer in the Argus of the
80th u!f. attempts, however, to fupport thisde-1
cifion hy the private opinions of two other
judges, who r.re not named, and who are ftran
gers to the cafe, except from common rrport.
If authorities of this kind are to be refitted to,
lit is confidently l»elievcd, that a great majority
of the judges of Virginia, would diffent ft om
the dccifion givrn by the three jndge9 of the
Court of Appeals. Such is knowti to he then,
pinion of the able and ri fpc .rf able judge Rrook ,
and is believed to be the opinion of the venera
ble judge Tyler ••—The opinions of other* are
unknown to thk writer hen-of. Difcarding,
howev« r, the private opinions of judges, the
iudgnrrnt of the learned and refpeftable judge
Nclfon tlow reverfrd, comes in aid of ti e dif
fering judges, and thus m ikes two otit of five
of thofe juilgis who hive heard and decided the
CJMife*
Tint what if judge Rdnne were atone in the
Court of AppeaL? V/as hr not fo, in the fa
moui cafe of Tomlin fori vs, Dillard ? jrml <|i,j
not the (senerat Alf-mbly, perhaps una- - oonf
'y, fupport his opinion by puffing a declaratory
law on the fn'>j< ft of that dccifion ? Nsv. has
not the Court of Appealsilb lf, b»u|y fibbed
to review and rctonfider that deeffiefn* in raf t
now depending before them ? If judge fcoanc
, were atone in this rafir, was he not hr* In tMfe
Xartbvmixtl.rJCa.r ‘J Ccurt, l ‘Ml’ Xov. 14*027
JN CFANCSRr. '
Ltrov 0(Ue, * Conipl't.
againll
Richard Moore, John Dcvis, 7 '
and William I'earfoo.. J f* ■
f Defendant, Richard Xfonre, not hivinv vn
. J, tered It is appearance, and visenlicui it y accord
ing to the adl of Afiemhly,aiid the rule of iLu court;
and it appearing t<, the fatidailioti of the court, that
he is not an inhabitant of this Hate, "on the motion of
the complainant hy hiscooufel: It is I-creed and or
dered, that tnela’d defendant appear here on the lir'k
day of March court next, a->d aolwer the bill of tie
complainant, and that a cbpy of this order he forth
with intenseI in fume public newlpaner, pubiifhed' n
the city of Richmond, for two momlm fuc^cirivuiy,
and another copy polled at the front door ..f J
Court houfe nfthis coun: y. And t is fun tier {.Her.
-d, that the defendants, Davis and Pe .i.'<U - puy
away, convey or fecrete any money „r p-op u ...
may have belonging to the faiil Richard .V-itm’. ;,ut
rh.it they retain the Tame in their hands, fab-cut to the
future order of the court.
A Copy,
FI.EM. BATES, c. n\ c.
December 12. (th 2m)
Notihutnhrrhind Cck ttj Cc-.,tt 12/i 2\av. 1805.
IX CHAXCvR,r.
Janies V. Bad & Spencer Ball, Comri’ts.
a ;.m:ll
AV . i-., B. l ravers and Hcnrv? r.
Travers- ' £ j)' ‘
■*' J HE Defendant,.William B Travers, nofhuvbijf ,
- entered hi§ uppiarat.ee, an l g:*en fecuritv ar
tording to tlie a-51 of Affvmbiy, at.: the rule of this *
c-urt, and it appearing to the fatisfa&u.r, ,.fr|.e fOKrt>
tjiat he i? not an inhabitant of this lla-e ; t,n »h,. mo
tion of the complainants by 'heir counfel, it i? decreed
and ordufed that the faid defendants appear here on
the nr(l day of March court next, and aiilwrr th- bill
of the Comrlainantsand rhnt a ropv nfrhis order be
forthwith inf-i ted in feme public newfiiaoer p-d.'idied
in the city of Richmond, for two months fucceffively,
and another c&pv polled at tl e fr m» door of - he Court
houfp, of this county. And it U further ordered, that
the defendant Henry, do rot pay a.vav. ce.r.vey of
fecrete isny money or property he mav have belong
ing to the laid William B. Triers; but that he rc
i tain tlx- fame in his hands,fuhjedl to the future otder
[ of the court.
A Copy,
FI PM. BATES, c. m. c.
December 12. (th 2 nu)
fuhfcrlher begs leave fo pfefuct hk. thanks
Jl to the public; f..r the n-adinefs with which
rliu|y have purchafed hi* pamplilet. and the hplpt*
taliiy mauifnfted toward? tijm.—.Ho r* r.o\V in R ch
ntonrt, wh-fe he hope? to experience the Cam- luncort
j and gerierofity, particularly from thf .pjemhers o' -he
Affemhiv, who he trull* will h- forenmfl in affixing
; an needy foldier, who has been blind lor more
i than twenty year*.
j JACOB PAYNE.
\ December 12.
HOIIrrON’S newly invented PATENT ME*
PALI.1C HONF.. may he had at Mr. G> n*
; Oreeuhoa’s llore, oppofire the Haul- Tavern. Tha
I utility of this machine for letting U.ixors and othrr
inliniments which reqirr- a fi e edge, renders it an
ohjedf Worthy the attention of every individual who
may have occafion for its ufr.
j December 12. - * yf.
*na £f°M3it,MP.!d,.(to the getier il JVisf;n(tiun of
the r.'mOni iiy,) hi onTni..'rVtxcvnelr; *Vi ~* *
•nentof fheCunt? If nit* j *,?ge /•>W. i«b, r\
t'lofe Calls. to confront *!,«. .* >£4«toot hy of • *,e
venerulU PatJLfau, JS»OM he'!):* Ppw ,;,.i down,
t!.c Ittifd Opt.liolM •<?>? . judges Wttp f j : apt
ua.Eed, ant! who have neither read *he c.„ t jf
nor Heard -an jtrguirtcnt of the can!- ?
i3:it it is intir.t: ited by the *f;jrr|‘:id .n->ry .
r»hu# writer, that rhaf jud/e mt^at have beta
influenced by “pobtie.il contid'-TW' tiv,” ia
f;»r.r.!n« th? opitron fltoref.iid. While this j:dU
nustion is Ixdreved to tv*.« completec-qidtt.il
.of bihrt, ‘fron’eewr yr *w k'rfcf tf, undtu• inHuenst*
| we n-efume to fay. that the-only-.iiifwer he wilt
♦bign to give thereto, in, by nMerrinif.t-., bin ge
neral character, and p. hUo.tuytw in that < ale,
•*’ pobbllied at lance i.i the E qnir'-r. Even
this can only lx- extortfed fro n him., by the high
cdiifider.itirrn in which he holds, the go.xi opini
on of his fcJk>v(r*citi £i.us.
\dr h nnteJ immediately at this offlcty a Jliuli
Cj'r.ti'>Jiter.
FORTY DOLLARS REWARD.
"P AN.'M'AY on the ninercen.Ij d>.y of i\A >y LA
V JF.SdEK, a likely negro man n> arly svhite, ami
upon a flight cwmn itinn wniif.-l mf* a* ft?-h. He L
about fix 'eet high, rather (lender leg* for hi* height,
is about twenty five years old, by trade a Cooper,
at which bufinefsbe » very exprr? ; he is a v -rv in
genious handy fellow, and call turn his hand to aim >ft
any thing, I exited lie will pafsbv the name of fcf
fee Cottrell, a* he ha» frequently a (Tinted that name.
H's clothing 1 know tit ;h ng of, but knowing he ha*
a variety, if would he uDWTePary to undertake to
defcrihe biso’refs. ( tv,II give th.c above reward, if
delivered to me in New-Kent County, or twen*y dol
lar! to have him fecured in any jail fo rhat I get him
again.
TURNER CHRISTIAN,
New-Kenf, December 12. (rlwp.)
NF/TL M‘COULL
HAS received, bv the late arrival* from London
and I .iverpool, his ulu.il limply of FALL U*
WfNTF.R goods.
Oflober 32. tf.
TO NON-RESIDENTS OF KENTUCKY.
r pHF Slip,SCR 1HF.R living in the ne!gKb(trh«.p.i
A of Frankfort, Kentucky, having undertaken ta
©ay the taxes of a number of gentlemen redding in
Virginia and ejfewfwre, on their lands in this (late,
and finding that the remitting of money to him for
that purnoie is attended with great difficulties, rrlk
and trouble, prunnfrs it to thofe gentlemen and any
other* who may find it 3n acen*vrmodation to them,
the following plan, to wit I 'I hat they fhali drpofit
their money in either of the bank* of Richmond, Alex
andria, George Town nr Baltimore, op or before the
firfl day of May annually, and nmhortfe fnme perfoii
at thofe feveral bank* to ad rife him by poft of the a
mount, and to wliofe credit it (halt he applied, ari
impotver him to dra-.v for the film, payable on fight.
The land* of non-refrdetits are advert ifed about the
firfl of July, which is an expence of twenty five cm-*
on each tradl. The fubfcrrbeT’s draft «ill comrrand
the ca(h in this (late, and as itinn as hi* hills arc ho
noured at any of the abovementiont d bank*. he will
advance if* money in Kentucky, deducing ftven r.iul
a iialf ptrctnt ccv.nmiflton for hi* trouble, ip attend
ing to and executing the bufir -f?.. He will inrh.fa
duplicate receipt* to thofe bat l;s in which the money
isdepofifed, or toth« proprit ’or* of the land*, kerp
. i.tg the original in hi* Own poffi (Ton. to co'frSt a iy
i error* which miv ocrur in the auditor* office of Krr*
. tweky. To thofe genth ov n who may wrift m pa*-*
their taxes in this Way, and who have not a p-rfona!
a. q iaiutar.ee with the fuhfi riVe, he heaslesv*. to r
fer th< t© to the kfot>. John Hi tclttnridge, the Hon.
Matihew Walt.ru, H<’q-»itv*, nm\. m cotigtcfis S„
tity of Waflihmtnn, or to Cb n. fohn Ft. flr.n c.f M<«. *
pomeryt minty, t<n«i Col. James f't> k--'ridge of V t*
j tetorrf roomy, Virginia, as to the confidence which
I Ituy be rwpofed in hint.
\ NATHANIEL I’ART