The enquirer — Richmond, Va., 1810-01-02 00:00:00, page 3

An engro <■: { Sill *• am homing the sale of
the Church pl-tca in the p irisli t*f Southwark
in the courtly >t Surry,” was rend a tilin
time, anti passe l. ,
An enjovsed bdl “ circerniug Junes
Rose,” w.u rend a third time, ami passed.
An engrossed bill "placing John Harper
on the pen do i lis:,” was read a third time,
and a blank therein tilled up, and passed.
An engrossed hill “ cncreasing the inspec
tors’ salaries at Mackwater Ware house, in
the coun v of C.i nphell,” was read a third
time, au 1 a blank therein filled no; and the
question :i ing put on the passagetif the said i
bill, it pas,eel in the negative.
Mr. At » g,m (of O.iio) from the commit
tee of Hr'positions ntul Grievances, made
the following report:
The C nnmittce of Prop isitions and Grie
vances h tve, according to order, had under
their consideration smidrv petitions to them
referred, and iutvc come to the following]
resolutions thereupon:
1. Resolved, as .tie opinion or this commit-1
tee, Tn at the petition of anndi v inhabitants '
of the c > i ities of Harrison and Lee, praying,
that ah art may p ass allowing a rewtuxi for
killing wolves within the said counties, is
reasonable.
2. Resolved, as the opinion of this com
mittee, that so much of the petition of sun
dry inhabitants of the county of Mononga i t,'
praying mat all that portion of the said coun-!
ty contained within the following hounds, to I
wit: beg oil. g on the North west war illy ban!: i
ol Cheat river, in the centre of Laurel hill,!
and running with the top « f said hill to the I
Pennsylvania line, and wit * die same to the!
Maryland line, and with said line, to the j
Randolph c untv line, and with said line as i
far as to include one equal half < f die conn-!
ty, thence .vilh srn.li line a» shall be thought j
litst for both counties, to the beginning, may I
form one distinct c uniy, is reasonable.
3 Re*' \td, »*s tiie opinion of this com
mittee o t s.i much i f tilt said petition a*
prays be permuted to hold a district, elec- j
tion, . • . « iecrccl
T it. Ii."t and third resn’utions being read 1
a se••.oud ime, wereagtecd toby die 1 Inuse. j
—T le second resolution being read tt sc- j
coiid time, was, ui thequesth n put thereup- j
on, disagreed to by the il use.
Ordered, that a bill be brought in pursu
ant tithe firsi re ohuion, and that toe com- i
xnittae of i’rop.isitiniis and Grievances do j
prepare and bring in ihe same.
Mr. MFarlane. from »h ■ committee of
Claims, made the following report:
Tile commiltee of Clai.Asbave, according
to order, had tm ler their consideration se
veral petitions to them referred, ami have
come to the following i^solutions thereupon:
1 Resolved, as the opin’, in of this commit
tee That the petition oi John Drewry, jailor
of Norfolk c iunty, praying that the sum of
seventy -two dot! irs an;i eighty two cents the
amount of jail le»*s due him for keeping in
his jail a free Neg' o nvin named Job brim
ton, ali.’K Jeaz Kenuingtcn, committed to
his custody by a warrant from a justxe of the
peace of the said • ountv, on the 4th day of
April, 1808, and discharged upon a writ of
habeas corpus, by one of the judges of the
genera! court, on the 29 h day May last,
may be paid to him out ot the public trea
sury, he r» jeetc d.
2 Resolved, as the opinion cf this com
mittee, That so much of the petition cf Wil
liam P arsons mi l Thomas Hughs, as prays
that Francis Watkins, late sheriff of Mason
coa icy, may be allowed in his account with
the commonwealth, a cr. dit for the sum of
seventeen dol ars paid by him to the taid
William Parsons, as a compensation for view
ing und making out the route for a road di
rected to be opened by law, from Point Plea
sant to Clarksburg, is reasonable
3. Resolved, as the opinion of this com
m it tee, that such other parts of the said pe
tition as prays that William Cler.dinen,
aU.> late sheriff of the county of Mason, may
be allowed in his account with the common
wealth, a credit for the sum of 150 dollars,
paid to the petitioners, to wit: IT, dollars to
Thomas Hughs, as a compensation to hint
fnt aiding in viewing and marking out the
route for the aforesaid road, and 133 dollars
to William Par ons, in part of a compensa
tion lor his service in opening the said road,
which sums have wot been allowed the said
sheriffs by' the auditor, in consequence
the claims cl the petitioners not being
allowed by the court of the aforesaid
county in due 4im*, by' reason of tnr repent
ed failures of the commissioners lo report the
completion of the said road according to the
s iid contract, is reasonable.
4 Ktfsolved, as the opinion of the com
niutee, Time such other part of flu snid pe
tition a-j (>v.tys that the damage:, accruing on
1 iOS<>f a judgment rend? o,t in tlu» general
court against the .said William Clnndinen,
for fading to pay into the treasury, in due
ti oe, the re venue tax due f. oin Masot* cum
tv for the y'.tr 1805, which failure was pro
timed!)) the inability of the pc'itionersto
'fu'itish him with authenticated allowances I
of th'ir claims to that amount, from the'
cause before mentioned, to he admitted as j
a credit by the auditor, mav be, t y'eihe* |
with the interest calculated on the same !
sum, and the costs attending the said judg- j
mi nt, remitted to the said William Clendi- i
nen, is i essonahie.
5. Ilcsolved, as th® opinion of this com j
nui e, 1 hat the remainder of die said pe |
tiii u. praying that 'he p'.fition* ••. William I
'•'Orsons, nuty Vie ,m hnrized i > draw from
die tie lout) the sum of 838, th*- bdanre of
r- 'npt.i safi n due Iti'ti hir opening the of >rr
siid road, there being no an c m oftnx
es due, out nf whicii he call receive puy
niei' , isvas contemplated bv law, direct
in' vch road, to ue opened, • reasonable.
i !*e first les'lution being read a -ccond
tic,;., i motion wn« made to amend the same,
hv striking out at the end thereof the word
“1>c rejected,’ and inserting in lieu thereof
dm- words M is reasonable;” and the qusv
* tioi» being put upon agreeing to die s .ida
inendment, it passed in the negative—The
gvMiion being then put upon agreeing to j
the in- rlmioti as reported, i* was «g retd to'
by the house.—I lie remaining resolutions
being read a second time, w :re agreed toby
the house.
■ **•* -J »•».' or- m —w ■ i 0m ii y - w f - s - j
TTni.r. H?. SOf.I) to (»••» Id'.brst balder,-in
’ * It* ■ t nvn o* J’vpp ihann ». (f sm r countv >!
•n t • IH h nf Juntmn-, ill'.U, it 1-1-, ; put, I ,,,
next fur day, twelve ->r fifteen SI, AVK!r> Ii !
big to the estate nf M-*j ir fhoni,-.-* Wn’o.l, j.,Y
d* • M — / rating those si ,»> s r-e sevn-.il v J i -t i.
b .»*- ,-nr|irtuer«*. As muuv vTII he - ’.»! fir- *«;
' v h rratt th® 311 its of seven hundred r.otn I
* : l!'® *. siduw I f elve pionllm wdl ho jlh»w<,{ i\
o n e., fm gir iug bn.Hl wirii .•mri-oved t> cm
tv
" " r r>' nt®r*’ J'uui.v will tsold at the *.*ni
• • -u . ,|; re.
Tr T O' t A jitvf /
TrmUr it' ii .idmi ;/#'•■< ' ■ ,.C
i lio j. b f-.j
■*-*’ iTy ^ *N» v. . ,y
_ fCfje inquirer.
RICHMOND, JANUARY 2, 1810. -
FOR THE F.YQUIRKR.
The rupture of the negneiation with Mr.
Jackson, and the interdiction of future com
munications with that gentleman, have pla
ced our country in a situation, which must,
in the course of a few months, produce the
titost important consequences. The public
mind is now wholly occupied in reviewing
that transaction, and the people are sitting
as umpires between their own Executive and
a foreign minister. On their decision hangs,
in my judgment, the prosperity, the inde
pendence, and the union of these states.—
Should they resolve to support their own go
vernment, and the British cabinet should
resent as an insult, the dismission of their
minister, the consequence will be wif ;—an
event never to be wished; but an event
which ought not to be dreaded, when our
cause is just, and .tic people united. Hut if i
the public verdict shall pronounce that our j
Exec wive have been rush and precipitate ; i
that an atonement is due to Great Britain 1
for the injnri -us treatment of her minister, !
tin n is our situation, of all that can b<- eon I
ceivtd. the must humiliating and contempti
ble. The woild will know that the oificial :
organ through which foreign nations :*» e ad !
dressed, no longer possesses the confidence ■
of the people; England will de:>; sj the re- j
monstrances of * country in whose acts* here
isnoTaith in whose resentments there is i.o '
terror; and the constitution can harJly )in. i
Rer out the remaining three yeaks of tl.e ■
Presidential term The question n >w, in i
essentially ditT;reut from those which are
usually brought before the public. Jn tt;i
present case the government /iavr art/-,/ ;
they have takon a bold and decisive step: {
they cannot recede without being degraded
in the eyes of the world. Nm- is it a ques
tion which affects m. rely those individuals,
or that department from which tin* act pro
needed. It will be felt bv the nation itself!
in all its transactions wi>h foreign power*, »
nad the American name will become a com-’
mon bvc woril of insignificance and cun- !
tempt. Of whatever party an American!
may be, lie must shrink with horror from 1
consequences like these; ho must feel all |
ms nouesc pnue ronseu into action at the i
dea, of seeing the constituted authorities of
his country humbled at the feet ofa govern
meat, which even its apologists allow, has
heaped innumerable inuslts upon us;
J,et us pause for a moment, & contemplate
the posture in which we shall stand under
these circumstances. Hitherto we have hern
tiiecompl.lining party. The aggressions have
been all on the side of England; unless we
shall be charged vC’itJi the crivne of retnon
■ s'.rating against her injuries VY’e have even
been fastidious in the selection of our phra
ses, lest we should offend her by the force
1 our language. We have sprken of tin
paralleled wrongs, with a mildness and hu
utility which borders on meanness. The
; attack which was made on a national ship
| the murder ofoiir citizens, and thu plunder
j of our commerce, are not only unredressed,
hut aggravated by the most cnummetiniis
| demands Hut if the conduct of the Execu
; live is to be censured, the case will be re
versed Hr shall be called upon to repair
: the wrong done to England. A special en
I v'.y must be sent to make an apology for
the indiscretion of our government: an apo
logy too, fur an act which wa. done, not
| through inadvertence, but with the most
deliberate mind. 'I he English government
knows well how to exac t from others, a due
I observance ol all the forms of respect.—
| 1 hev will require a complete and unqnidifi
ed acknowledgment of our offence. If cur
! envoy g..es out armed with reservations and
I n.evious demands, he will be ordered out of
■the country; ik should thccase off.fr. Hose
I be quoted on them, they will treat it with as
much contempt as they have done that ol
F a:kland Island. Perhaps they may con
sent to make the dismission of their minis
ter an off sett ag'iin&i the attack on the Che
sapeake ; leaving it to he understood hnwc
vcr. that if, in future, their ministers shall
make gross charges vgainst our government,
wrapped up in all the circuity of diplomatic
phrase, we are not to be guilty of Hie rude
! i.esn or dismissing him. But whatever may
!>r the specific regulation adopted, the ne
i cp-;sary result will he, that the Executive
j must be disavowed. From that moment,
there is an < ad to all confidence in the gov
ernment. If tii,’ pride of our chief niagis
tr.ite should permit him to remain longer in
office, he will be an idle pageant; or should
he ics:gn under such circumstances, and
jpvc way to some more pliant character,
ti ere v.ill not remain spirit enough in the
counity, to murmur at the worst injuries
that hruisli injustice can inflict.
W iih :> full view of all these consequences
before their eyes, there are men among us,
who labor with indefatigable zeal. i» have
ttve conduct of our Executive disavowed by
Congress and the people. Tneir orators
exhaust their ingenuity; their editors tax
their readers, with the most elaborate argil
meats, to prove a point, whose truth or false
•to- d ought to be made to appear npnn the
M-uple perusal of a few sheets of paper. If
trey should succeed in attaining their object,
;hey c m only promise themselves the high
if'vanl of i r fleeting, that they have reduced
‘-heir country to rhe I »-.rest ebb of disgrace.
1‘- IS >' possible to prescribe limits t> die
influence i>l p».rty spirit, J»ut. in the present
riuf, tru’.n ii is gained a victory which tave
:>• I ids in her iot. When the correspondence
wi'li ?>Ir, J it sou was first published, we
heard on every sole ihe most unqualified
condemnation of his conduct. The gross
ness of his iuii’iuntinn was felt by eve. y A
merican as a personal insult offered to him
<elf With • ne exception of a few hireling
presses, the federal papers appears-! airier
'he standard rt their country. Ii the So
naienl the!’. .Spates, there were only four
dissenting int-mbt-s; and even th-.y paid a
reluctant h image to ti tills, bv the tacit ad
iriis'ion that 'hey v.t:e incompetent to an j
swer the In-ninou , spin.ud ar4 patriotic 1
eloquence Mr. tiiles As long as the I
timid was |- “t m i;., ov n unbiassed opera
tions, it readied the only c.-nclu ,1011 • 1 which
•air argunae >t could cmduc.t it. h t wiicu
fin.e had’Caused the effervescence if patri
n;ic. >msiin tty to subside : wh< n cunning uo
'dry tinirpv 1 1 In? place n! mmfv sense: when
d.-.appointed faction imrrdod around for
thus*- pretences, vvhirh coul 1 soothe its cun
fair:1 e with jut Convincing 1 s mulct s', ad- {
iug; . ie:i, hi shi a plan ■{ some c-istsis 1
'em v was d grated by the c • a cted vi-.d >n !
*t the pa't v in W i'>hlnjt'm ; it was found j
that tiie gVsernmen: had acted fr.»/i the)
b-i'C tnu;: v • kI n ungii.g this country in’o h 1
..ir wirh !e'lghind, and that they ought to ;
«tf aba ad out d by tbu American people.—
Those, unfortunately, who have ' rashlv
pronounced the honest dictate* of their
heart*, and left to themselves no locus fit-ni
tcnittx, are drivon to the awkward necessity
of acknowledging their allegiance to a few
m<:ti ot brtter head* and worse principle*
than themselves. The Shrphtrd’s whistle
has recalled the wanderers home. Even I
from the inscrutable recesses of judicial
wisdom, judgment has been pronounced a- 1
gainst the cause of America. I thank God, j
there is yet an appeal t > the people.
I shall continue these reductions as lei- I
zare may permit. I shall endeavor to exit* i
bit in the most glaring colors that insult winch ;
is so invisible to many, and to expose the j
fallacies which are resorted to in defence of
Air. Jackson.
AGRICOLA.
Ton the E»<j:;titKR.
COURTS OF CHANCERY.
It was foreseen by the petiti.jit>*rs, for a
division of the Chancery Courts, that every
o t would be used, to defeat this great pub- ^
lie convenience i it was foreseen, that a great |
majority ol the legislature would favor tkio !
measure, :ind that the opposition would nr>t j
venture open and direct hostility to it, Imt
would by various projects and rumors, at
tempt to perplex, confuse, and divide the
f' lcmls of the change, ami in that wav de
te-tit: this has been \eiificd; vaiions.ie
perts tiVe sp”e »<1 ; some s ty tit.it the I
judges of the general Court will refuse »o
execute the hiw ; That the plan petitioned
for is unconstitutional ; that the judges and
chancellors are of this opinion: that the
present chancellor* will most certainty re
tuse to carry into effect the proposed plan:
i.iiJ iitialiy, that the chancellors are above
' , * |‘U 11 •r 11 ir«i l.iVllim
l>r Hutched, fee <kc. All the-e reports are
without the least foundation. The judges of
the genet al court had a meeting in Kit hmond
at 'be last general court, and conferred to
gether upon this subject, and not one, his
intimated an intuit ion to rehtse to cxecue
the law touching the chancery courts, provi
‘led they are cow'iirs-tionrd as chancellors,
and not one ..i the j ,d ». s of that court has
intimated that the measure would lie nn
Coustiuitionul. ”1 qc Chancellors will not
refuse, whatever may lie said lotlie cinlru
ry, they w-il l>e benefited by the change,
'■ hich will be made, in strict conformity
A’itii the constitution. I should be glad to
see the judge who would resist the wishes of
his country, in so important a measure as
the one proposed ; he could not stand it long,
be hod better be dead, the linger of scorn
would point at him wherever he moved ; \e
tv no patriot, who would from selfish mo
tives set himself u;i in defiance of the I,t*
gisla1; re and the people, even if lie had the
p IV. er.
As to the salaries of the Chancellots. thev
may be raised ami may be uduced; the
salaries < f tin* judges were once 500/. per
annum, they were reduced to J00/—then
tai-edand so changed from time to time as
. justice required, v.l v. -vs taking care to make
them adequate ; now if they cannot be re
(lucttd, when tlic business of tlte court is
reduced, certainly they cannot heiaised;
a <l< Ctritu* the judges would tint like ; and
I aver that in my opinion, and in the c pi«d.
»ii of far abler men, the chancellors may be
rt duced to the same salary as is intended to
he given to the judges of the Genet al Court
as Chancellors, it is contemplated, that
three Chancellors shall be also made Judges
of tbt General Court, and placed in C r
cuits perfectly convenient to mem ; and mi
til that can be done they arc to receive their
present salaries. Now, what injury h inrernl
tJ them, or the Judges of the General Court?
ttrely none ; but on the contrary, an increase
of salary, and as to the Chancellors a de
crease of business aid ielicf ir.im their pte
sent confinement; But the Chancell i* s fmd
Judge* must not be alone considered, the
\fitcfilc, (heir inletes: ai d convenience, ought
also • o be taken into vie w.
Of all attempts to prejudice the proposed
measure, a piece in the Kmpiiror signed A.
O. is the most unc.md'd, V. <: iusc it s,.id
o be written Ly a person or nig i siaiat-rr;,
v.’un is known to It personally imsii!.- toanv
divis:on of the courts; it v.-ould have brea
well mr this wri er io have com: 1 re i whe
ther there was not seme improprirtv, m Sii
puouciy prejungmg me constitutsr»naIi:y of
the plan proposed; and whether for other
reasons, he ought not to refrain from inter
fering in the proceedings of the i. gisla
‘ure; remember hi* own doctrine, tlie Le
gislature and judiciary ought tube distinct
and independent of each o^her
This writer make* a great noise about
\ Mating the constitution by adopting the
plan petitioned for; talks about the inde
pendence of the judges ; that unless they
will ah come in and voluntarily resign their
somniissions, die Legislature cannot make j
any arrangement: Is this candid? As to!
die constitutional right of the Legislature to I
divide the Couit of Chancery, A (). will
not venture to deny it ; die oid (Viieial
Court was the only superior Court of Clian.
cerv from the revolution until about the year
1788, when it was drilled from the co n ,
mon law Court ; the present Chancellors
hold their oflir.es in consequence of a divisi
on of the Court, and if the Assembly could
divide it into three Courts, they may divide
it into three hundred. Is there anv intenti
on toinjm-.or remove any Judge or Cli »:»
cellor? Cerainly not—they are offered ad
ditional commissions and additional salaries ; I
can they complain? ?! >—llu*y ought not,!
and v.iii not refuse, to accept new appoint- I
meats with additional compensation; lo
wit, the Chancellors to he Judge* of the1
General Court and Chancellor of a Circuit, j
and the Judges of the General Court to be I
Chancellor of their Circuit.
But this plan of “ amalgamating” the |
Chancery and common law jurisdictions in
the same Judges, seems particularly to ex
cite the indignation of Air. A. O. he pr.»
noutices it absurd, riuicul ms, (xne mive and
uncoil-'itutional; and without any arguments
■ ir reasons to prove it, conclude* ilmt his
dictum is sulucicut authority, and finally
< insoles liimseif that this firrjw;trrous ft tan
must be, ar.d is given uf forever. Me is
veiy much mistaken. It is the best and
least expensive plan vat suggested, and it is
that which th«* people petition for, and with
ml due dofeience lo A. O. ] think some
regard is due to tli? wishes of t!ie people.—
In what is this plan absurd? The Chance
ry and common l.i*v jurisdiction*,were
fitted in the Judges <>t tli» General Court un
til about the year ifHH, the two jurixlicii
f.ns.n w united in our County Courts; in the
Court of Appeals mid in the PoderalC -urt,
an«l u > body calls this union, in those Coui t*.
absurd.
L is expected, that judge Brooke will he
put in the Ct.url ot appeals—if so, chanctl
ior Taylor can rtmim in Uichm »m| as lr n
twilof, and take Mi. ldi’oo.-u a piece in tue
gen-'ral couvt; the death of Mr. Prentice •
leaves a vacancy in that circuit, in which j
chancellor Tyler’* estate li«-n, and ofcouse- j
quenc.e, it would l»e agreeable to him to take
that place. Judge White is considered c mi
neatly qualified tor promotion to the couitof
appeal*, in such event. Judge Holmes is !
entitled to his circuit—and chancellor Brown j
can be put in place of Mr. H- lines, which is '
within 20 milesof Mr Brown’s present re-;
sidenee: If judge Stewart should he pre j
ierred t» White, Mr. Coal ter is e (titled to '
Stewart’s circuit, and Chancellor Brown (
must either go to Coaltcr’s circuit, or remain .
at Staunton as chancellor only.
*1 he calcul i’.ion* of Mr. A. O. are as in i
Correct as hi* arguments. No person will
siy, that the following calculation is not
more reason; hi*-.
K.xpence of the plan now before the As
sembly : * I
14 chancellors, 13 at 500S and i
one at 250:5 is S5TJ0 CO
Present expence of the chancery
courts:
3juc!ge«, ■ ne at 500$$, the other . |
two at 4,666 65
2 083 54
Two thousand and eighty-three dollars, i
additional expeuce, which can he easily
P*'d hv a revenue from the clerks. Soth t
thii great public benefit sun be obtained
without a rent of additional expence to the !
s’ste. i lie expencc of the piau proposed l> v
Mr. A. () most be greater.
The pre-r-ciit Chancellors, g 1,66(5 65,
Additional compensation* for ri:
ding circuits, for they will
claim it, 5CJS to two, and
3.53. 34 tothe other, 1 353 3 ^ •
To a fourth chancel! ->r in thr up
per c. untry. for it is impossible
that Mr. Brown cun ride the
cm coils ol that country, 2,000 00!
i ft 000 00 ;
Being 1 "003 mere than *he p’an petitioned l
\ for. i here wu'ild be u,% d.iu'it of dividing |
t he cli-mr-ry courts as petition? 1 f n*, if some J
j friends, n al or pretended, did not insist on
| carrying the courts to everv county : Tliis j
I cannot now lie dune—it i* better to com- j
| in; ncri by a court i:i each circuit, get them j
j organized, sec how thev operate, and after i
j wardsex’end «o every count). That would
j l»e most derivable to’be sure; hat let it be j
it iin-nil.er*■;!. that in two of tli? Western
ri cf.its, the judges reside below theltulge: !
N iw, it will be no inconvenience-to hot;! one '
chancery court in »i»»tr cicnit—either just •
before or after the common l iw circuits ; in i
a short period, perhaps t!u:r judges wtil .
rettim t; tvi, and reside in their circuits, nr re j
sign pone of which most certainly ought to
be done. 1 trust t'.ic friends o.' the people
will t o» divide upon this project: If they |
unite, its success is inevitable.
2. !
TO THE EDITOR OF THE F.Noj IRKH. J
SIR,
A resolution b-'mg now before • he Ia ffisht
tu:., .t o d • c to exclude ’he com. ionvt valth’n A t
t'triev- oi- the Superior Courts, and tin* rommon* '
| wci.it As Attorneys for the county cornu, permit I
I me t<> mate*; a it observations «>n 11 it? giound of
I •• c. r a . r.g ineligible by liie constitution.
1 lie 3d section of the constitution de. hires, '
i ‘ til «l t e Legislative, Lxt. utive and Jiuliciarv ,
i i) p rnri :ks al a i :>e to palate und ciistii.et, .sol
| Jut a ni.ei exerciic tin; power*pronei 1, belong, j
ing t«> tiie oilier ; nor <■ II nr.y fir'scr xereise
t e pov. t l’s of vs,re than o :e o‘ them ur the same |
t ’••»<*, C;X«Tp| ill at the J I.UlCSS of the County
c'urts tli.di ha eligible tocithci Hmi.c of the
A-v. inb'v ”
lly this el,oi9o i* is laid down ss &'fundamcutsl
principle, teat no '> >; 'r/iufcwr sliiil exer-:i.«e
power* b*dong‘o<r to two or more department*,
i with tint, t x-epdon only, and tli*.t i'i tie- case of
| t i • ju*ticcs of the peace. It is unnecessary here
to advert to die piMr ip!r» upon ivlfch those pro
| visions are fo m led, or tot reason of the excep
tion ; it sti.li vs, that it i:s i bunted ns a political
! axiom oi con.*«iii>; :.ii '.f Virginia, fit indeed in
II c cor..: it.itions .•( die other st *<*i as vv *11 as t he
! general eiremnit nt. Let me lh:nunqt • ; what
at e tin. I- <~t ..,u* of . r mmenxcalih's aitoney ?
■»<•*•» u.'vi.tt cxc.aitivc Irom tne very natur e of
the h.-e, x..'J .t has always been rsn'iibrcd a
pari f the i \ eu; ire power: the manner of the
.•ppoi<itr(i';iit cannot eiringc the nature the of
fice, or .i vr its l.i'in ions. Tiie common wealth's
attorney assists m advising and carrying into exe
cut < on the 1 w.< of the country, and therefore ;.t
the tunc tune c.mnot be a member of the Legis
lature. to nay lie txrcu.cb uiO law, to-nionow
.egisijus
lint more important objections arc still to be
found in the 14th section of the constitution,
which says, “ the two houaes of Assembly shall,
by joint hallo'., appoint judges &c Ike. :n: 11 ig .
tiler with all other* holding lucrative oj/icts and
al! ministers of the go»pel of every dost .imimion
be mcapihle, &c ”
Thai tin, office of commonwealth’s attorney
of a eounty c<mr , i: a lucrative office, no ie will
deny, but it is urged that reference must be
hud to the preceding part of the section last ci
i >1, an 1 that the office must not only be lucra
tive, but derived from tlm joint ballot of the two
houses. 'This construction would abandon the
substance for the s-sdow, and sacrifice princi
ple t » mere form ; ilifi office is derived indirect
ly front the Legislature, and the Legislature
m..y increase or dimmish the salary, and the of.
ficerisnot the less under its infhnnr.e because
ho does rot derive his appointnr*nt from the !
joint b i lot of the two houses. It is also said
that tb*- wilds “all persons holding lucrative
olii us,” must me n oiliccs of the s»me nature, of
those enumerated in the section. Suppose this
admitted, ihu ofh ■<*. of common wealth’s attorney
of j cut i.y court, i* certainly a branch of the
Attorney lienerat"* office. Put if thia confined
c.oii-*I'Uvt n ol’the sci t'on Was generally admit
ted, how Many lucrative olh.es, not of the!
kind enumerated, might be created in the pro
gr, of Legislation, and the oiiicsrs admi'fed
mu, either f’ >u-.c of assent* y, to the destruction
of the principle wii.ch toe trainers of t!ie con
stitution hive endeavored lo prest; te, through
out the whole instrument: viz. that no pet son
who h*d more than a common intere*", should •
!>** permit?**,! to I*<ff*i*ie least he should preler •
his putou'ar ini, r^t to general good. A late1
alteration li is iak» i place in the j idiciarv ol .
tin : state Which h*s increased t ir business of the j
superior.conns, &. diminished that of the county j
Oo'irM Hup|'.use a wish in l.'ie legislature to
return to the old distr t court ijt cm. Would
it >t tlit* co'tittiotiweslth’* attorney, t >r the county. !
frel a pa. :c it*r interest to return to" a stale of
things >vhi. h g iv<- him greater emolument, in j
cons, rpiencv nf a £ c.it« r service rendered ?
Mitcli more hi gi*l he urged as lo the distinct
interest f« I by the Attorney for the coir'uion
weallh, and tip* propri uy of k< eputg tin* ino
tiv.'s by which tlia Legcsl itor is actuated as pure
at possihltt.
Som** disti irtn»n is taken between attorney >
for the Conici.in* mlilt m in r Superior C ,uri a.,
.m i thecoun y att’*ri.v, for the Cti.nm i.nvf ilb.
Lot os comp ir*- Ineir < .«ras—Sol i me appoint* I
•y ibeir ii apcct'te co*i ta, m «.or<lii g i« «ii *c< i ■
liir 1. gikl ituts*, n ittier have cominis-i'ios, both
ilrtre a ii..it frofri I'm, and otic ( lie (ban u I
r in t attorney ) foi ru a lev,— liolii ivi -,*e io*»i •*•) I
loll tin: lf**muiy of t lie State—I oe County I
couilatvoi.it / receives by net ul autoibl) five
dollir* a f-*e in case* nf eteh-st*, tVhich can i»^
scon by refi-renee to flu- L» v on cs 'etU ; * >J
thin IVe is drawn from the Treasury in the. s-ure
maimer »s tbe fees of tin- *t<o'>t<*y jnr the rom
tnenwcaldi in the Su;**rior Courts—There , then
no difterenoc io principle lx:t\ve< n the t wo cases*
that can exclude one anil admit the other—They
both hold lucrative offices, derived front the
same body, neither have commus.ons, and tin*
dillereu* in vies of paying their salaries must he
totally uoimiturial
Hv s uno it is supposed that they are not p-o
perly officers—On referring t<«t!ic Util section >t
will he -found that the word ojfi e, is a t rin &ppfi.
t<l to a constable, who is sppuiim-d hv the county
court, and whose fee# are regulated by Uw.~
There is tit* d.iierettce between the two_'no*h
are appointed by the court, and in case of ea*
cheats, the t* cs of the commonwealth’* attorney
for the county court is regulated bylaw, and I
believe the law allows him a foe for tUemfiiig tins
coroner.
Finin' this view of the subject it irresistibly
f Hows, «•- vi i II from the sp;r:t as the letter of the
constitution, that their caves are similar, and ato
both excluded liom a scat in the Legislature.
P.
The Assembly of Noi ih-tj.uoVma have levied a
T ix o! one p r cent ‘ on all the Stork hel I, in
tach of the h in it nj A’ rj';er»i a id C ip' Ft ir, ei
ther by the Vale, or any individual or corporati*
on whatever**—to he pmd to the S»t. te Trc isnr. r,
on or bcf.'iv the 1st October, m each successive
yaar—l fie e banks are no longer to issue noti s,
under the-.not o> < t*e «!>d’^r—a- h ,ve actually
Mc<r'i a note ■>' erv'r — TV: Uiri.-’toi s, “ |, .| ».
after app/in'cd on the puit ol the State,” are,
eselijtf.tr, to i «\ !>*•lore the Gmci-al Assembly a
stat ment, “ whether a gre: ter amount of Note*’4
lias been issue!, *• at ■« ly tine \t thin the list
year, than is rutl.nrigcd bv its Charier’*— a
W irh ca« *, the B irk>. are toV forfeit toe Char
ter h »re*-.!.»:>• granted them **—A convet fist of
the n.unusof i' e President, Directors nut Sto -k
holdris« I: to ho I .id be I re ti:-: State Trcas.i er,
by the Stat* Docents, ott the 1stoi‘ M n in, ,ch
year, to be by him preset ved—the persons thm
returned are oil the xpa -lion, forfeiture or ithi r
<1 ■solution of th-ir Clt. r «-r, to he liub in
lit or imif i/r/.ii a :p icitin, in prop i t inn t j »KSui
sever.il ..itcresis, for the payment of the fi.II a
tnoimt ci .ill then' r.otss then in circulation, Isc.”
It in Raid in some of the prints, that the United
States will ! >sc hv Brown, nnt less than '•> 000
—-I'ur >11111 i.* i-tusid-rab'y exaggerated —A 1 in;r
from New Orbvius to < jj-: title in m of this City,
under date of N.ir. 2b *i. n*i m.t, that •• ie\y
men in society had been more respected j as a
son, husband, brother mid •diir.cr, no mm stoo l
l.igber in t.ie confidence of the puble The U.
5 at'* will Lae by him perhaps § 80,000, and
h.a viduai* nearly «> inn-h more. He is pursued
with great, a: icrtty. Vessels are sent after hint
i i ib directions, although lie left this place in a
Is 'll'-’i I'liln'.GJ, w tish !iu purchased 8t furnish*
td with Ametican papers. We have no uulma*
t.-ii-i ofUie port or country, to which lie has
Pm Tip Grim s, E. j formerly of this pi
6 now U >. A< torney lur the di-irict of Orleans,
h i b** .a aj.p in, d t'i the G emor, A t m icy for
•hat 1 erriioiy, Vice Mr. William Thompson.
'cJ- The lelt r l> 1 nv is * ns proof of tin good
diso si-i.)-! of till* Bri'ish government towards
,,s—'.nd theirrt*p:et for cut /'.mas —Ace iniir ,•
to this, t ieit ir. tin .*« descriptions of V -ss j»
th itm 'v c-vrr American produce to G B I.
British registered th ft 2 N ’.tit1si f dm r canj
whether </<>c>.r or circjito.lt, fruid-J' ,i
Hie li t r iw they carry from the interm -dia..•
port the. v ry > .m Cargo, that they took out from
tiie U. S. 3 Neutral C American J vessels (h orn m
icnne ba e ports) with licences. Thus, we are
fail r told by tin* British G overninent that they re*
rr ><* m hi optna nia, on iiu" own iessed., s ii eg-'
direct inert ihe U S. witb.xjt clearance, anti in the
very tooth of our laws. I , p ’t this an inticemciiC
t» violation ? Is this friendship ?—Enq.
“ A commercial house t f the first respect
ability sit London, write to their Mends in tins
city, undertime of the 9:h of Nov.—*• That
tiie British goveen'Tient woui l not permit the
importation' of American produce into E .g
i ind, Scotland, or Ireland in anv other than
British reg'Stcrcd ships, excepting nr such
vessels as had previously procured I'censes,
and such vessels as had loaded the i denti -
cal cargoes in the U S’ates ; their taring
stopped ut an iiuermedhste port wasr.otof a
nv consequence, provided they oronght to
England no other or greater qo iu’.itv of
goods than the same vessel took from the U.
•■states.”—A i. /'/rr. *4do.
On Ritualay Inst, Mr. S amuel Sheppard
sv -s re-eleca d Auditor of l*u",i"c Xccourus,
for this Commonwealth, far one year.— Yes
terday, Mr. Charles Blacgrove w.ts elect
ed Register of the Land Office.
On the secon 1 ballot, there were 96 votes
for Mr. C. B1acg**ovt., and 9i ior Mr. E.
C. Davis—scattering 1.
:t7J Views of the Correspondence, &c.
No. 3—on Thursday*
Dikd. at hii sent, in the c >un'y i>f .Albe
marle, John Walker, E-q of Be I voir—
of h long, accute and painful disc is*, wh’C.h
he bore with the greatest fortitude, yielding
up liis life with the greatest resignation.
—■ ».v j~-~.nu. i. r «r,, v t -- r ,dm
Rtrlimonb CJjeam*
On Weuilc #day Evening. January 3, 1810, will
be presented the celebrated Flay of
TOWN & COUNTRY,
on,
WHICH DO YOU LIKE BE97.
T« which will be added (for the 21 time h^re.)
a grand Mrlo Drama, as perform'* 1 with toe
grea'est sio-cess at the various Theatres on l ie
continent, '.ailed
THE FORTRESS.
WT Doori to be opened at 5, tht Curtain to rut
at a qualter pint fi o'clnik.
subscriber having obt lined license, in
A tends immediately to commence and pro.
c*-i ute tlie practice of I,aw in the superior and
inferior courtii of Prince W illixm and two or
more of the adjacent counties Communication#
addressed to him at Dumfries, Will be thankful
ly received and assiduously attended to —He ha*
.«lso been rommis rmril as Notary 1 ..>hc fur
I’r.i.ce William county.
JAMES E. HEATH.
January 1. w2w*j
r | *0 1m* sold nt Gloucester Courthouse o s
A. furday, toe fih d«v of January nr\t, FIF
TY VALUABLE NF.OdOKS, belonging to
the vxtate nl the lite J >!,u S .• swell dec’ll, ’akeb
to talisL i xeeiition* ui mv Jmi'J of Warren Ash*
fy's «».t"be Slid estate : this property will o.r
l unly he sx'di n that <l .y, unless hsd wcsl/ier, if
so, on the Monday toll., .'i?'g
i H HAT L, U.3.
Jnr
NATt LU.tWELL.
January *t. **