The enquirer — Richmond, Va., 1810-01-16 00:00:00, page 3

- As Ion* as a free government exists In this
r nn.ttry. me p le will canvass the arts of
t »e;r fepreset ...ives with boldness. It is
lit that it should be so; and this inestima
ble privilege is cheaply purchased, by tide
rating the most wanton abuses of the free
dom of speech. Yet there are occasions
■when a patriot will hesitate to expose the
errors of lus own country. Wnen it is en
gaged In a perilous controversy with a to
reign power, from which it has received
great and acknowledged injuries, he will
nor seek out for new subjects of discord,
which have *no tendency to redress her
wrongs. As this discovery, therefore, of
Mr. Dana has no bearing on the dispute with
Great Britain, and was calculated only to
produce schism among ourselves, its author
deserves the reprehension of the public.
Those who recollect the events of a few
years past, must be struck with astonish
ment, when they hear Mr. Madison accus
ed by the federalists of too much precipitan
cy, in embracing a proposal of peace with
Great Britain ! A superficial observer would
imagine, that parties had changed places,
nnd were now retorting t^eir charges against
each other. From the best formation, of
parties, Mr. Madison and his friends have
been accused of a settled hostility to Great
11 ritain and a criminal attachment to her
great rival. How will the authors of this
charge solve the enigma, that he has over
look d all the usual forms of diplomacy, to
catch even the gleam of peace with Eng
landi If truth and candor are not extin
guished in their bosoms, they must retract
ime or other of these assertions ; they
must either admit that the President has
not been precipitate, or that he feels no a
Version to an accommodation with England.
Uutjriiis accusation of the President ap
pears still more udioc.u, when we contrast
it witli the language of the federalists at
the extra-session of Congress- The lirst
»<tep taken bv that party, was to propose a
vote of approbation of the conduct of the
l’resident in acceding to Mr. K’s overtures.
The real friends of Mr. Madison opposed
this motion us piemature, and calculated
only to give to our adversary dii improper
idea of the importance of her friendship to
ns. They urged, that the negotiation was
but in ati incipient sfa*e, ami it would be
i mproper for the legislature to interpose at
a lime when thev could not have a full view
of the subject. They apprehended it might
have a pernicious influence on the future
negotiation. But these objections disappear
ed oefore the eugcr eyes of the federalists
They denounced their opponents as the cue- j
juies ot peace; tneir caution was c.rlect en
j.tity to Great Britain; and their refusal to
i'9'r approbation, was construed into the
upp isirc sentiment. AUho* the agreement
"vas regarded by every republican as the
V.onsurn(nation of the whole syatein of our
measures ; altho’ it was Iv-iiled with the
jnost fervent joy; their prudent and well
regulated approbation, was drowned in the
noisy and clamoians applause of those who
Jelt at their hearts the deepest morlificatinit.
Hypocrisy always oversteps the modesty of
jiature. The great drift of this resolution
■was to cast an oblique censure on Mr.
Oefferson It was said, that the name terms
* "ght have been a!way« chained from. <7.!
-Iritain, had it not been for tlie hostility of
Mr. Jefferson. They endeavored to show,
that the agreement placed G. Biiialn on a
nuch better footing than the offer made by
Mr. 3eir:raoh the preceding summer. Mr.
Madison became the federal toast, and his
iVame was enrolled in the kalcndar of fede
ral saints. They copied the policy of Iian
Ji'b.tl, who spared the farm of Fabius to
tie tardy ills credit <* ith liis country.
Hut mark the sad reverse! In six months,
*i.v little months, the scene is woefully
changed! Mr. Madison is no longer the le
tieral idol ; be has become not merely the
« bject of dislike, but of the most acti\e per
secution. He is accused of having been pre
t tpitate in believing the accredited minis
ter of Great Hrltaih ; r.ltho* these same ac
cusers had endeavored to give wings to his
precipitancy. The agreement itself, which
•was before so reasonable, that it might have
lieeu obtained at any time, is now so disho
norable to G. Britain, that Mr. Madison
«> ight to have foreseen, that it would not be
ratified. The language of Mr. Smith, in
stecepting the reparation tendered by Mr.
I'.rskine for the attack on the Chesapeake,
■which was before the world lit the time tiie
federalists mug the air with their applause,
is now so insulting, that It rendered it im
possible for his Britannic majesty to acqui
esce in it. Six months ago. it was criminal
vi any man to doubt the propriety of a le
gislative expression of approbation of an ini
p erfect treaty, before the conespondence
■which led to it was known ; hoie it is crimi 1
ii 4 in the rresident, that lie did not hesitate ]
•to accede to an advantageous efiur made by j
the acknowledged minister of a toreign state* i
Mix months ago, it was fashionable u>prove !
that Mr. Madison always had been a ledo- I
ralisl ; now elaborate treatise1; tie written to]
Hliow, that he lias unifo< inly acted from I
hostility to Britain, and devotion to ]
1' ranee. 'i his is the short history of the ]
o ise, progress and decline of Mr. Madison’s
popularity with the iederalista. It began
avith hypocrisy, was continued with insi :i
4Hi3 applause, and ended with malignant
persecution. Thus we see the federal party
shaping their course according to the emer
gency of the times and keeping nothing
♦.teaddy in view, but the great object of adhe
ring to Great Britain.
1 have endeavored to show, that Mr. Da
na’s argument (admitting its truth,) nffivds
tiodefence of Mr. Jack sou; po justification
'•t Great Britain; and displays the liollrw
daith of the federal party in their conduct f
to th ir own gwernmrnt. T ie next number
v/i|| be devoted to the munis of the position
taken by f»Ir, D.vou.
AGRICOLA.
f-Z'; tiyz C»i;]tuici*
COURTS OF CHANCERY.
A writer in t'ds pvprr of th«* 2d instant* an
S'Tls. “ That the nM General Court was the on*
•* ly superior court of cliauceve Horn the re void*
" tu»u until about the yc.tr 1788, when it was tie
" viiled tr»m ».•■<■ ctuv.inoti l.w c- ’.rrt, and that
" (lie pruttiit Chanctiiors ImM ill*, it ofTn.es in
•' cone quence of u division t!»e court.*’
Is if nut Mrantfe, that sentiments of inis kind,
<rrrf aca'e ol su< importance slid fr.arte at this
rriita s, d.irinjf the silting of tbe legist.iture, who
vr.e a. out to act »>n this •ut ij »ct, siionld be made
Vith*«u tbe most rrtipwWois rejrard to fact ? No
et'iiiiitth * writer tlmujf it In- was na.kiutf a correct
•s • aicrnt iit 1 liav •• n > i.Ir.* of imp'ii'nin^'liis mo
tive. I on.'y • «y be ouy.it t«. have know i lite fact*
to be such 9* he ?t < e*l tbern. II lie had taken
lise trouble In e.astntn. .! Chancellor's It visa!,
, • .00 and 70 Jtc v. ou!d It ivr found, that tin
1 the Uct< kt of 1777 of tIiIrpisla
ife, the 1 yh mtirt 1 . (.. • n " rv was first e-ita
♦hi c%»i. liviUit} o, ti ice judges* any two ol
whom were to hold * coart, and during the same il
session the general court ws* established consist- I
inp of five members, any three of whom were to
constitute the court : That the jurisdictions were
»St to be united in the same persons, but that they
were and hav ^ in these courts of original juris
fiction bees kept separate and distinct from their i
inundations to this day : That no change has bet n i
,trade in the court of chancery, except in 1792,
to lessen the number of Chancellors from thiee
m one, contrary to the express letter of the
constitution,which speaksin the plural, “ Judges
in Chancery/* and in 1&Q2 they encreassd them
Lo their lormer number of tina-e, made three
ruurls appointing one Clianrellur to eacli court.
Uut in relation to mixing the jurisdictions, no ef
fort even was made until 1792, which produced
the decision of the general court in the case of
Hamper and Hawkins, which effort failed ami
the legislature did not insist. Most certainly the
facts are, that ho Chancellor lias yet been
invested with common law and criminal ju
risdiction or tether, nor has any judge of the
general court exercised the original functions of
i court of equity s nor ought he, as is believed by
the writer with due deference to the opinions of
others. * It is supposed to be in violation of the
spirit of the constitution ; and if it were not, that
the adoption of such a principle would be impo
litic and productive of inconvenience and confu
sion not to be easily calculated, especially under
the present arrangement of the courts. By the
Mth section of the constitution “ the t\Vo houses
'* ^Assembly shall, by joint ballot, appoint Judges
“ ot the supreme court of Appeals and General
“ Court, Judges in Chancery, Judges of Admi
ralty, !tc.” It is thought that cr. no question on
which doubts have hern entertained, car as high •
authorities be produced ; pioviug thM the juris
dictions ol the two courts ear.not be blended in
tile same individual The rule is not less univer
sal,than useful, that the construction given to any
instrument almost cotcmporancous withhs origin,
is pi ima f icie evidence of its correctness : How
** tills rule fortified, when those v.ho give the
construction actually drafted, the instmmedt L It
is believed that three out of lour of the members
of the legislature who passed the acts of 1777,
organising the high court of Chancery and Gene
ral Court wu e framers of the constitution. Not
mi idea appt ars to have been enter!ained by them,
that the original superior courts of common law
and equity should he united in the same persons,
dll llie contrary, every event and circumstance
concur in shewing that the framers of the consti
tution designed at that highly patriotic and cn
hgtHcn-d period that the jurisdictions should be
in separate hands.
V 'uu-r me acis or 17/r the highly amt justly
celebrated I'ciidlelon, Wythe and Nicholas wore
made Chancellors ; Lee, Carrington, Lyons and
Flemming' were appointed judges ot the General
Court. ; Messrs Waller, Curie and Cary were e
ic;tcd Judg/s id Adrnirality. Previous to this
had been passed three special temporary acts ap
pointing commissioners of Oyer and Terminer
lor the trial ofcriminals Is it possible that such
men as these and their associates, such as I*.
Hen v. Mason, R. II. Lee and others not less
iutcllifcjefit than patriotic, did not understand the
cui.suuHim as well m we do ? Might it not be
Lil ly p: esimieit that they understood it better ?
Wiiat we do our reives we may Le. presumed to
understand in iWo most ordinary occasions ; bet
ter in affairs of »uch magnitude. Can we be so
vr.ii as to suppose ourselves wiser than those sa
ges and worthies :—Men whose characters lor
genius, experience, infoi mat ion, deep penetrate
on and lor virtue shall l ist as long as lime.
These men who had nude atui {hushed the holy
work of our constitution and who were elected
out of the great and good a* that gloriuit* epoch
to ci try it into operation. So soon as it became
i>e< essary to organize i he. judicial depurtmeiit.vott
see Iheni broadly sepal ate the original jurisdic
tion o{ tue superior courts. They had seen and
sen ubiy felt ilie nianifuhi t vils resulting front a
malgam&fmg ihe muciions of the two eourts in
ttie olu Crucial Court, winch existed before the
revolution, and ho doom iirs gned t > obviate the
deiects ot such a system: It is thought, that such
authorily as is here cited for the construction of
the constitution might settle the question. ()
tner authorities of almost equal weight can be
tuged in support of this construction.- The re
monstrance of the court of A ppeals of the 29th of
April 17118, composed of judges Tcndlcton,
Wythe, Blair, Carrington, Lyons, Hemming-,
Tazwell, Cary, Henry and Thj l >r many of whom
had a large share in training our inestimable con
stitution. Among other important principles
they lay down the following : •• When public u
tiiily should demand an increase or diminution of
labor mu) duty, there should be an analagou* al
teration ofsuiarv with this restriction however,
that such regulation should not blend the duties
of die Judges of the General Court, Court of
Chancery, and Admiralty which the constitution
seems to require should be exorcised by distinct
persons;” and the legislature appear to have to
considered it in the arrangement of those courts.
— I have heard one or two members of that court,
•did not cordially concur in inis opinion : as to the
Let either w ay, 1 know not : It appears to be the
opinion of all the members. A:tho* the word
“ seems” is employed by Mr. Pendleton who w as
appo.ntt d to deliver the resolution of the whole
court, it is to oe rcinaiked * hat die opinion was
as conclusive »s ii it nad been given :n notch
stronger terms. It is Well known liist Mr. Ren
dition in his judicial character used the mildest
terms the hi .glisli language afforded. Neverthe
less the opinion i filial most intelligent court is
entid-'d to the sune binding authority. All the
iii-'inbc. & who composed this able Court wereo
mohg toe most ciilighlbiie.vl wings of the levolu
Tit? separation of the departments of Govern
ft cut wu-, witii them a most import.mt principle,
they cany it into tin* judiciary department—Tliev
carried t hr principle into the subdivisions of this I
epartmenl and believed tin t an union of the
Common 7.aw arid Chancery jurisdictions in the
saiiia man anting ai.iitt as judge, nrnt;bt l>e dange
rous to the p.opcrty, the litV, jowl even the liber
ty of tbs cit /..-n To place tov» much power in
tiie binds ot iii-.: in u» or one court is nut: ,>fe or
pnider,;, at <i the check that each court ha. on the
other by thu sclicr/r^ proposed is gone. The val
ue <>t ’his check as well as n.hers growing out of
the constitution, its framers and supporters well
Kiie w
On theronstitntionsli'v of t!ie union ofjiiris-;
diet >ons »' d the objections u> it winch have since {
multiplied ; i thinU" the case of Hamper and |
.Hawkins (it serves logli r.onsidcraiinti—— then
-I», re was only one Chancery Court, no." three!
a.e three, (it lie five judg* a who decided that j
case ; only three ate at present in judicial oiH' c :
two of the three ate decidedly of opinion that
such an union vv-utld be uncnimituiiinird
"Judge j* ••Con staling that a judge in Chan
cery and a j id,of the General Court were m
tended by the constitution to ba distinct inlivid
Uals”-—iiistmicn.e n (- lucid reasons cun he too. tl
in a report of that case
Judge Tucker (prcsifi nPT) :1 * diligent and a
Ide exatnin itton of the suv;.' -t concludes l»y siy
iig, *• that (hey might t icCt. ifv t‘» the district
Court of 1 itunfries is ,t in the opti. h>u of the Co tT.
n judge of dm tieherai Court cannOv constitution
\iiy exerewe the functions of a judge in Chance
,y n
Judge Plane, then iricl ini d to the either opi
nion, ii'itCiaiihs that !o* tratu I he left tire, “ to
decide iticrralifr tli« one y ■ > or (tie iiii.vr, should
it come judicid’j hefote liiiu” —but expressly
rUles, “ toat it w mlcl iie w.vr in the legisl.«tu;e
i<» kei p the officers separate ; for an union ol se
veral functions m on*- |*erson will put it out of Ids
[lower to lie perfect in citii. j mm ttie common
wcalto will he belter set um by dividing, than by
accumulating the public dti'.ies”-—with other re*
mark-* in support of his opinion. The two other
| udg'-s decided contra.
A, mu, the constitution pr H ides, that (he elec
tion *.snail ba tux <c b/ ; .in, bai. i, of
30th bom** ; on which elections on? ballot in the
ower house will have as much weight as one in
he Senate.
Ifyou puss a luw designating 1” men, who hap
pen lo hold gner.il coiirt commissions. thdll be
rhosen Chancellors even elected and commission
'd «s such ; in such elections the Senate will have
‘cpial weight with the lower house ; in palps
>le violation of t**e constitution, such Courts cer*
ainly in substance if not in form are essentially
egislative Court! : A gross biear.liof the con
ititution Provided these men would accept snob
lommissioni, they would yit l«x up their own inde
pendence! and with it the independence-of tlm
'tdiciul department. Ur what would be as bad,
hese two departments would combine to tram*
>le underfoot a s ;cred principle of the constitu*
ion. 11 fact you would most sorely by the p\s
'»<e ofsuch an act nuke your judges hv law and
lot by joint ballot of the General Assembly. The
:oiv,Motion distinctly operating at this time to
five in these elections in t! e popular branch_»
weight ovv V the Senate in the ratio of 9 to 1.
M'ter the passing ofsuch :• law, balloting would
>e a contemptible farce. A sincere Inver of the
sonstitiition, if lie were in the lobby at the time of
his scene, would Olnsh Jor the honor of Virginia
•ltd deeply feel for (lie annihilation of its constilii
.ion. A constitution which lias borne us safe
.lirotigh the most trying and tempestuous time*.
Break it in one instance, and you may break it
ih u thousand, llut |»- the passage of the propo
ltd law, or us substitute no breach is intended_
■•greed—but what would Le the cH’cct of a part
si the 4th section a reported bill which pro
rides *' That in case any of the judges to be ap
'* pointed by virtue of this act shall refuse to ac
'* oept sush appointment, the G ivernor with ad
“ vice of Council, si)all app* iunt a judge of an
11 adjacent district, to hold the courf in place of
“ the judge so refusing ; which judge so appoin
" tod shall continue in oilicc untill tlie meeting of
“ the legislature and shall receive the salary of
the judge so |refining to act a« aforesaid.” I
do ii i s'id if the Governor and Council can for
unv time electja judge except by the operation
til’ the constitution-winch only authorises it
in two cases, ir. the event of death; or resig
nation. in no event, to any judicial office that
had not been theretofore constitutionally made —
Can in any case one judge by the constitution re
ceive the snlai'ies ot two judges- ? Is it in his
power to discharge the duties of two fudges ?—
One judge might dis barge the dutiusoftlte ad
jacent district, and cl tim tlie recompcnce-•'f j
indeed any recompenee should be afforded -,o '
I itn, who would suill r himself to he made the
passive instrument ol utterly destroying that con
stitution which he had appealed to God he would
support. I cannot think such a man could be
found among our ju-Jges. Such a project lends lo
reijiiire of the Executive, the venerable Governor
Tyler and of the state Council to unite, in the
ruin of the best con.-'i*ution, human w it & vir
tne ever devised, l*«*ss such a (jtw and in this
insatiable spirit for change ; suppose that a ma
jority of tlie ballots of the two liotucs should not
tall on a nun injudicial office ? Suppose n tabs
wholly on men holding sucfi office; some may
be-refractory—they may imagine that being free
men, they injy accept or not as they please—
:•.«! however. willing .to oblige tlie legislature,
I v lieve liiat they cannot conscientiously exercise
botii jurisdiction* ; in either case (the last cx
tremely probable, aim out certain) w list becomes
of yonr system.' In a case recently determined
by the cotiit. of Chancery in Williamsburg, its
principle affirmed by the court oi Appeal-, the
impolicy and hostility in the judges to exercise
civil and criminal jurisdiction is to he found
even if the constitution allowed it. I am as f. r
as any from admiring English opinions or insti
tutiom-yet if they have any tiling to approve,
it is in their jurispiudenc®.
Except when that govv.iintent means to op
press, how studiously do they keep equitabu
and criminal jurisdiction separate! 1 am not
to be understood as holding tin. government in
any as an example for our’s—further than
reason shaft approve. Vet it must he admitted
that on this subject it has possessed great expe
rience and vast, intelligence.
Adopt the system proposed, and the superior
common law Courts, intermediate between the
county courts, and the court of appeals, become a
cypher, mere courts of delay. This will be the
fate of the Chancery courts. Better r.nnihilaic
both, and sate tlie expence. According to tills
process, in a few years you will have neither bar
or bench of any respect;, bihty. You will have no
nurseries to rear either the one or the other ;
except the small one inclosjd in the pale of tlie
court of appeals. Can you expect one in this
enclosure to a.cept your salary? Ijoctors dif
fer. The great hulfe of the bar may suppose
that tlie loaves and fishes are to be divid-<i.
The very recent change in the common law su
perior courts, and the one sought in tlie court of
chancery will throw the great profits of tne pro
lession on Shockoe Hill. Witness the recent
removal oflawyers to that hill. '1 lie press ol bu
siness in the court of appeals would be accu'.hu
undated—aiul there is not on earth a set of men,
lot their information and application be what
they may, who would be equal to keeping the
business in statu quo. In spile of long sitting &.
exertion it would increase
The situation of the business in the court of
Appeals, is tlie real source of complaint—the
measure proposed is eminently calculated to ren
der that situation still worse.
In a few years it would br impossible to say
when you might expect a decision in case ot
common difficulty. Surely not for want of in
telligence or assiduity in the members of the
court. If you would make, as you ought, one o
llior superior court of Chancery in tlie Northwes
tern part of tlie stale ; would not all the com
plaints except tl'.ose which grow out of the una
voidable delay in th****nor» of appeal.-* be quieted.
Iso it is thought by the writer. The immense
tract of rugged country over which Chancellor
Browne presides renders it just and indispensiblo
to the suitors of his court.
HONESTUS.
F.X i'RACT.
Washington, Jan. 1?, 1310.
I am not leas astonished than distres
sed at the course some of the prints are
taking, influenced, 1 presume, by intelligence
from this place, and through channels
known r./dyto themselves. “ It seems, that
“ a difference exists in the Cabinet between
•‘the persons who compose, it, upon the
•‘subject of our policy towards the. llelliger
“eirs ,” and this fact is supported by ictu s
fr^tn Washington. I have good reason to
believe, tnc Executive were unanimously of
opinion, the " Non-Intercourse’' was opera
ting injuriously to ourselves aione ; and tluit
every commocial regulation, which depend
ed on the respect due by the merchants to
the luiti t was utterly useless. This gave
rise to the bill of Air, Mafcon, which alio
Iishes tlie wiiole system, except that part
which cvn be executed ; toe exclusion of
M/ii/iM. 1 do not understand, tnat any calcu
lation of a coercive effect is entertained,
,'rom it* operation. Supplies will be receiv
and goods purchased, if a singlr* snip is
pei milled to leave the U. States, whatever
may be the t'stensible port of destination.—
Upon this point, there is no division. Upon
the sub/cct *>l firrfiarutioriM tor precaution
;,i,d utftfi'cuni.on, there is also unanimity. I
Jo not liel. tye thefe is the smallest doubt
upon this si'l'jtct. These form the leading
and prom in. tit features of deliberation at
present. At*- hat tiifie \he fircfiaration* f*r
war shall l»r ac ’ivehj used,and wli.tt course
shall be given («'/*« mean lime to the na
lional Enterprise, V n‘0<it >'kely to Caution
the Citizen of the .Vp*. tiding danger, a nl
most likely to bring on a result, which eaa
be seized wim most success by the govern
ment to unite the people, will now be touch
etl.
“ *******-The objections to War now
arise front the amount of property afloat, and
the facility with which the whole would be
intercepted by Great Hritrin. One oF the
effects produced by the arrangement, was to
suspend and derange the whole plan of tnea
sores, adopted in reference to actual war
. ■ —— he whole oi‘ the mi- 1
litia were disbanded; tne recruiting of the J
army stopped ; the naval preparations andi1
the fortifications reiaided.—In,fact, the pe I
riod of six Month* lost—common prudence, |
therefore, requires, that this error should \
be retrieved, before the Peace of the nation !
should be committed ! —What then shall be !
done in the interval ? Shall we retain the j
inoperative system of commercial restricti
ons, bereft of their power to wound the ene
my? Or-wh-ro
ever it will be received in opposition to ;
Edicts and Decrees which exist or may ex- I
ist to obstruct it ?
" Upon the first point, it is sufficient to '
observe, the Revenue is daily defrauded, the j
Law utterly contemned, and the Commerce I,
of the country passing into the hands 01 e.pe
culators and Foreigners to the ruin of the
honest and.respectable Merchant.— The se
cond presents a much more important view.
[Mere follow views, which for rra«onsbest
known to ourselves, we shall keep to our
selves.]
«. *****—por tilts- result, the vig irons
preparations which Congress, I hope, will
make, will enable us to sustain our rights,
and retrieve whatever lustre the national
character may have lost. One feature in this I
mode of employment to the public force, is
to caution the Merchants and keep their
property at home. War would be then less
injurious arid alarming. The country was }
never so well prepared to assert its rights, |
as it was at the repeal ot the Embargo—— !
That wasthe time to have resorted to force ;
the nation expected it, and was prepared I
to meet the" consequences. Difficult will it
be indeed, to replace the country in its stand
ing at home and abroad at that period ; a
fatal acquiescence has taught the minority
their strength, and has developed their u
tiliiy to foreign governments.—If tin* public
vessels should be employed to *******
****** the aid oF private vessels may
be enjoyed ; free from the objections, which
have heretofore been urged against them—
by acting under the autLori;y of the govern
ment, and uot the discretion of iudivt
duals, tne power or selecting tne enemy t«.r
the Doited States by one, man is destroyed.
—I have heard it objected to arming for our
trade, that war with England will ensue, in
asuiuch as she gives a construction to the
right of search, t 'a contraband of war, and
blockade, which, if admitted on the part of
the U. S would give her the means of cutting
it up entirely. Here then let usat once come
in contact with her. Let us bylaw under
take to fix those principles.-The
right of capturing ships, because they have
Consular Certificates and Letters" of Origin,
if resumed, 1 would certainly resist, and au
thorise their recapture, in cases of illegal
procedure. Would there exist a difference
among men in this country, it a contest |
should arise upon these principles? 1 thi..k ,
not.
“ As I am aware of the issue, I am dec.i- i
dedly in favor of preparations, adequate and
ample to lake vengeance on the nation, that
has treated us uniformly with contumely fic
insult. 1 would expel her from our vicinity, i
and draw anew ban ter to her influence and
baneful intrigues.
•• Upon the subject of division in the Ca
binet, and the madness of proclaiming dis
cord, when it does not reign—the attempt
to quarrel with Mr. Gallatin, to impute to
him every obnoxious measure, when he is
only responsible for co-operating with others,
is considered by many as unjust in the high
est degree ; and there are some suspicions
entertained, that intrigue is at work toexpel
from the Cabinet, a man, whose talents are*
d -ubted by none, and who retains theconfi.
deuce of a sufficient number of men to de
feat the intrigue, if it prove to be one.’*
:Xy‘ As to tiie firoject of resistance, allu
ded to in the letter from which the above is
an Extract, it is time enough for us publicly
to s/irak of it, when it shall make its afifiear
ance—as to Mr. G. we know nothing of
ourselves, to form an opinion on the subject.
COMMUNICATION.
Voting 1’avvs played in this Theatre for eight
nights—in the characters of Norval, Octavian
(in tiie Mountaineers), Hamlet, Holla, Frederick
(in Lover’s Vows), Selim (in Barharossa), lto
rneo, and Lotliair (in Adeljgitlm)—he was enti
tled to half the profits and a clear benefit besides
—ft 17 lu was the amount of his receipts during
this short period—10days.— What a blind God
dess is Fortune !—There is no disparagement in
tended to this youth—he has a fine genius, fine
potters wf conception, and in many scenes is a
most astonishing actor.—But here is a lad, just
springing into l.fe, without Hie laboured accom
plishments of years, reaping f*> 1700 in ten days
—while otir judges of Courts of Appeals, whose
heads are almost grey in the service of their
country, who have exhausted the midnight oil in
Study, and devoted entire days to their accom
plishment m tiicir profess on, 8c now unsealing the
fount tins of sacred justice to their countrymen,
arc about to receive, per hap*, only fh 2000 lor a te
dious year of public service.—Is u because men
c ire more lor their umuuenienia than for solid
substantialservices l
Court of Appeal* —The Smote proposed to ?.
mriul the Court of Appeal* Bill, bv unking the
salary of the jndgws ft 2500 On Saturday last,
t‘ie< House of lichgates disagreed to this a
ru'iidiUent. Yesterday a conference was held
oetwecn committee* of the two Houses to de
i lermine upon some arrangement. We under
j stand, tl;i*t both committees adhered to the pin
| positions of tfirir respective Houses—of course,
, no agreement was made. Toe lull will the IV
I tore bo lost, unless one of the Houses snail re
cede.
Nothing fins! has been done in the Execution
Bil(~it is yet before the House of Delegates.—
The Divorce Bill l.as bic.i rejected by the H
of D legates. The Chancer* bill has » ot been
(Denied on It is supposed to wail the fate of
the Cornl of Appeals Bill.
The celebrated Horse Sir Sol men has been
sold to Mr Badger of I’luUdciplua for Tlnee
Thousand Nine Hundred Dollar*'*.
Those who have witnessed the events of
the lust year, cannot fa«l to remark the coin
cideuce between the principles advocated in
certain presses and tiro secret views of the
British It seems as if those presses anti
toe olficial agents of that government were
all wheels moved by the same spring.
1c was during Iasi year, that Uoleman,
the Editor ot the New York Evening Post,
recommended to the people of America Mio
take p «te< tion u::der the ttntish cannon!”
Protection sgairtst th^msflves—uuner mat
cannon which firiteetrd them and their far
titers at Lexington, at Banket’s Hill, at
Charlestown, at New London, at brandy,
wine, at Wyoming, at Savannah, at tiandy
'took.at the Chesapeake 1 Protection against
the rebellion of Warren, of Hancock, df
Washington, of Montgomery !
This was about the very time that Mr.
banning demanded of our government, th it
h**y should allow the British navy to cap
ifle any vessel they might suppose was g>
ng to a port prohibited by our Ihws, or in
>tl»er words confess :ha we were not side to
govern ourselves, and that therefore w©
>hou.d put ourselves under the piuteciiou of
:he cannon of the British navy !
J ist he ore the arriv al of tlie ro neutral
R it bas*adnr. the Bait!more Federal Repub
lican, labored with constant assiduity, in im
press on the people, that Mr Erskine's in.
>tt actions w ere known to our govermneiit in
April last, and that our government had
teen guilty of dupeing the good nature of
Mr. Ei skmeto answer their ends.
Shortlt after the ambassador himself be
gan his operations ; and while he was care
less and iiid'lTerent of every other matter,
Pertinaciously adhered lot/mt, a id scrupled
not when it was contradicted, to give the lie
to the government, a..d declares that L*
wonld continue to do so.
These coincidents have an “ awful squiut
ing —Aurora.
It is s:iid thst the ti’penhsgen ambusssrlor re
moves to New-Yoik tins day • the old lories ot"
the revoiuli >n have f«-as - li him every day, and.
irank ;it the same table, “ The King'' and*4 Mr.
Maco’.'s resolutions.” There's not much vhigge
\v m Uiese tilings —Ihid.
F rtratt of a I'tter received in Baltimore, dated
J.ivcipool. A'bv Id
£CirhitiunicateJ for the Fed O,iz ]
“ Market* w hlimit material fltunu-i on since
our list. Speculators having nwde heavy pur.
r.h.ises at high prices, arc c«>ni,selled to .old up.
Tobacco hsi given w.iv a little, seeing that cir
cuitous voyages do no |nuch enhance ils price.—
Cotton, we presume, will support prices da 7tl
a 2s 8 1)
“ At least forty British ships already charter
ed for Amelia Island We wou\d not advise fur
ther shipments to Lisbon{ where many Ameri
cans have arrived) as cotton will have to pay the
whole duty (30 percent ) Iwicaller ; and as we
•leem llui poit very unsafe in every point of view.
44 Hcaiv slock ol Ash -a on hand, aud great
shipments expee'ed I'.um Canada
44 We feel it difficult to ad ise ary line of con
duct to our friends under present circumstance* ;
to those, however, w ho detc.im ne upon circui
tous shioments, wc would observe, that a great
proportion of the Ashes which were before ship
ped in that mode v.fi 'e damaged, owing to a
want of proper attention to the co perage of
them, and to the iialmal injury incident to tlie.
barrels from transhipment ; of this article the
present stock is very heavy, amt the expected im
portations fr>m Can ul.i it is supposed wdl be
considerable : it is indeed obvious, that those ui--.
tides which are least subject to injury anil decay
should be selected by sldppeis under the Nun
Intercourse Act.
“Among the October arrivals, at this port,
were, 2 from Philndelphix, 1 from New York, 1
from New-Orleaiis, 2 lioiu Boston, fee.”
MFTY DOLLARS Rif. WARD — Stolen;
L l'n in tin' house of Col AleX.’.ndei Quarrier,
'.i tlie Morning of Sunday the l4:h inst. a. Large
Slver vVateh, with a targe flat Pendant ami
liow, No. not recollected, with 3 Coals, (on®
Rk.ck, one London Brown broad? loti', tiie 3d
Virginia Cloth.) 6 Shirts, 2 Pair of Pantaloons, 4
Vest*; 4 Pair of Stockings, about 10 or 12 Cie
v.its, 2 Bandanas, 2 ten dollar Notes anJ one of
5 un tiiR Bank of Virginia, with scm* S.lvcr, 2
Red Morocco Pocket-Books, containing a num
ber of Bonds, notes and other papers, u bundle of
Lund Patents, and sundry oilier ai tick's not ne
cessary to be described.
The above Reward will be given for the Arti
cles with the Thiel, or one half for the Article#
only.—Any information to be left at this office.
JACOB BEESON,
it. iiARE.311 IRE.
Janunrr 16. 2t*I
RUNAWAY onthe 14lh mat. a Negro man
ramed EDMUNij, he sometimes call
himself Edmund Kox, has a yellowish cnmplex
iou, spare made, about twenty five years of age,
five feet two inches high, had on a drab coat
and pair of old shoe-boots, when spoken to, ra
ther slow in bis speech, lie can make shoes. I
purchased him at the Urbanna sale, of Airs. Eli
zabeth Steptoc. I expect be will attempt to p iss
for a tree man. I will give twenty d dkirs lo have
him »ccured in Richmond jui. «;> that I get him.
DAVID G. WILLIAM *.
I.unenhurgh,Jan.16 2
r—• p., AT CJllY POL, 1,
't' THE G*OI- FAST S A 1 LINS SHIP
SfgCt.v** A V EH I C A',
CAPTAIN TH iPP ;
Just i**.turned from her first voyage, burtlie i 400
t ins, is offered for freight or charter—For terms/
apply to Mr. Robert Poliak, Petersburg, or to the
subscribers.
POLLOK L TUEDWAY.
Manchester, Jabu^rylo 3-.
OLD M B l A N M1 LLsT
COLUMBIAN MILLS—CASH given for
FLOUR BAH REL STAFFS, HEAD
ING and UOOF FOLKS-Also, for Clean,
White CORN.
I*. II AX ALL St Co.
Richmond, J inusry 15. nlw
rJ-,0 BE SOLO on Saturday (he twcnty-se
A venth day of this cnrr« nt month, at the Llo
dwelling House of John Ileveniirgliam, deceased,
about four miles below ManeIn ater, in Chester
field county, all the I’lrsomai. E.st at* of the
said deceased, including five SLAVES, a great
variety of Medical, Law, Histor.rai and oiher
BOOKS—And also. Household AKitohen furni
ture, and other Articles. The s ile wli h> fyv
ready money. , BY THE EXECU iORS.
January 16. tds
"VT O l'ICE —Alt person* having chums against
la the estate of Robert C Paris*, dec’d. are
requested to bring them in progeny authenticated
that they may receive, yrncnl, and all persons
nub led to the saul estate arc retpiesied to
immediate payment, otherwise their bmV'|* wj|f
be put into the hands of an attorney to br,ng suit*
at Mat ch court.
JOHN FAHJSS md y
JAMES IilNF01*’u i AJm'r*.
H-nr SO, |l J7 16 * 1f2w
V 1,‘t'lN‘A _Jl" " • *rCoOrt, ISO*
V 1 he ComntoiTw<Vith,# ,UkIa|| MV
Clencgrn, 1 el -UP-n ,M sojourned case from
the Dtsti ict Lour', he! 4 „( M >rgsn Town,
I ne Court laro Lnanimousiy of opinion that
where an imb.otm'_iU or prescntmc nt is found by
a Grand Jury against any person far a misdemea
nor, to wtir,n tlic law h is affixed an infamous o;
corporat punishment, that the court before when*
such presentment or nul clinent is f.u, t<l, m /
in its discretion award a Capias in the fust m*
stance, and that upon indictments and pres ,)t
menu of an inferior nature, such Court outf
itter two Venire Facias’* have bun rcti.rr '»
not found, to reward a (J.pirs. *tai
It is therefore ordered, tl at It hr crrCf
the Morgan 1'own District Court, that is s'*^ f©
ought to-tie awarded m this case. *'*|>ia*
Published by oidrf cf court, Nov. M
1 XYTON DRLW, r , _
January 15. * ■'■ G, C.