Virginia Argus — Richmond, Va., 1810-12-07 00:00:00, page 2

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^WT'v-v :*:■ ■ ■=■= (
tivate a more chaste elocution, and the t
former a mere concise manner of de. a
livering thi i: opinions.—For a proof of j *
these remarks, I will beg leave to ad. t
dv.ee a ctse also*—See Henirig ftnd ' j
IMunft rd’b Heports, vcl. 4»h, page 82, |
E us tar, v?. Wallace, in which casta f-j
. ‘ to the Dumi er of 33, are quoted ;a «.he , j
argument* oi Counsel.—See al*o, a <
still inore enormous budget of casts!i
cited in Smith and Wifcj vs. Chapman, i
1 H. tc M. 247.—-^1 hfr* Is a true case l
, maria_Is not this a waste of time
for which no apology can tie found t
Some gentlemen refer to decision’s
cf the inferior Courts of England, and
yet I am told, to mention a case which
has hern decided in any of our Dis
trict Courts, would be,a subject of rid
icule, it would want that genuine ster.
ling constituent of being a British d&.
vision. Under these circumstances
■ can America he fairly said to be ind*
p< ndrnt of England ?
It is much to be lamented that in
the commencement of our self-gov
rrnnient, we had not have selected a
c<>de,founded on the ancient common
law maxims ^principles as far as they
• applied to our government.—This was
cti thinly.the object of the convention
which adopted the-common law ; for
it is so express*—Yet are we going
on, !o king foV the law by decide^ ca
ses which often cider—Whereas we
should lock for the]pr/?jc//>/e*and max
i«:s, to gee if those decisions were
c< r*ect; for if this is necessary, we cer
tainly should not attempt to prove the
axic nr by t! e prop! sition, but the ve
rv reve»»c :—we snouiu prove tne |
prop* sitich by the axiom—So would
old Euclid have dene.—if a la'w is I
said to bt unconstitutional, should V/e
’ apply lor ar.y man’s opinion, or go to
the letter of the constitution for its so
li.ti n ? I think (he laitrr would be the
choice—Surely then whtre a cause is
to be ck urmited on common Mjw prin
ciples, ought v/e not to seek out for
those principles by which it is to be
gc.\eti.etl ?—Why cannot those max
in s and principles which form the
* * tcinnibQ law, be selected for our pur
‘ pose iitid made the rules of decision
in cases where they apply ? As to the
written or statute law, no J dge can
be fairly said to be independent or free
who goes to a. British Judge to see
how his Lordship has been pleased to
d-ritle in a Itke case—burtly the
J dgta do not recollect that those
•who made the law understood ir, and
n- v-r expected that t!v< « who were to
expound it possessed less wisdom.—
-This course tf legal procedure is too
s: rvile ami humiliating for au Ameri
can ciiiien.
But a r.ction is taken up that Judges
ami Eawvtrs are wise and profound
in pio, * r :ou to the'length of Speech
es urui rutr.her of cases that are m-de
ami refeired to—whereas without r'ea
dii g one volume through* case upon
care may be heaped so a* to make a
iot'g anti able argument, as ik is called,
with very little strength of m od or
• acuteness of reasoning. I well re
incmbi r actlebr&tcd cause which was
tried in the Gemral Cour, when ma
ny cases were qm ted from Du nford
b d East, and when a gentlcm ,n high
in the profession pinch :metl aloud
that the Court was bound by such cu- 1
9■ * ; that our rights, liberty and lives
re,ted on thttn—but presently an op
posing case was adduced from East in
contradiction to himself and his hrm i
—hut th2t professor replied* he was 1
ftu or. fledg’d Reporter—Now y hat I e- I
tomes of our rights and liberties in I
auen a situation ?—But a Judge then <
Billing, very properly replied, hat they t
st'oe'd iu>t «;j on the whim and caprice ]
of Lettish Judg- a* tba: tire h.:d 1 mg i
since emancipat'd ourselves from tne 1
•hackles thi-y. imposed, an i pre-dr;-- •
red to Blend upon our own Bui c| r
Rights, Coi.siiui ion and Laws ; prin- l
ciplas t<»o sacred to be shipwrecked t
on the British Ocean of Uncertainty.
Aif to the supposed difficulty arr.i c
fcdxior of rtviaing ihe Common Ltv,
it is i ll a bubble—vV ho c*>ul 1 have r
, suppose) tha« ait:r a free r ] ublicen f
Government bad been established and c
so many law* that hung upon the an- b
r'unf system Were done away, viz t p
the low of primogeniture, the lattroi i
deset ot«, survivorship &c, Srr. wiihthe
c* niplrte change of the Criminal Code, u
•so n uch would he left as to rend* r it p
impossible for a lew wise and willing
mth to accomplish the end preposed ? c<
After old Coke and Lit ku.ii s all rj
have been stripped of their antiquated u
dress, what great matter would uc left c<
for its tc dt< L*-Shall we forever admin* n<
ister our tree republican Governor* n ■ m
on the principles of a rigid and high |j
ton’d monarchy t—l almost blush lor H,
my country when I think of these n,
thing i.
Let a s’ranger go in'o our Courts, t*
nod be would aim os btf ve him elf **h
in the Court ,of K ngMi n . Can
<he JirJi icU dvptrtiurui be Irtc from i,.
U.cir clmics, bui by a revisal of the oi
u oA D
'omraon Law under Legislative Au- t
aority ? It ir.av be asked, where can 1
Committee of Kevisors be found |
rhose talents would be equal to the ,
ask?—This is a nrortifyiftg question 1
ndeed—but I answer, that among the '
nany wise and experienced Judges and l
Lawyers (some of whom have retired ,
rom the labors of their profession) !
wo or three may be found whom na
ture has'blessed with sufficient talents
o accomplish the work in a reasona
jle time, and with virtue and patriot
sm to insure its performance in a
manner auspicious, to the best inter
ests of their country.—Let us not,
therefore, sit down in despair under
a mistaken impression that this load
ofCommon'Law Authorities cannot
be shetken olF, but resolutely attack it
as we did the statutory despotism, and
no doubt but our endeavors will be.
crowned with success.
As to th j County Coitrt system eve
ry experienced and reflecting man
must see add ltd the incompeicncy of
those (whose daily Evocations prevent
any acquisitions in legal knowledge)
to discharge the -jmpoftrmt trust repo
sed in them of deciding between man
and nvih on their most iimportuntlc
gal and equitable, rights. Suppose it
should be utctssary, as it often is, that
instructions should be moved for to
the Jury as to the evidence adduced,
or a po.ut of law arising out of the
facts of a cause ; what respect will an
intelligent Jury pay to the «. when they
are sensible that, but a little time be
fore, the Justices were only Jurynlen
and could not be made law Judges by a
i.icic nai.ajjuon or mem Iromthe Ju
T)-:oom to the Bench ? They would
in Such a case (which ofteu has hap
pened) act for themselves, well know
ing that the blind cannot lead the blind.
—Besides, it is not just to call for so
much public duty from the Magis.
trates without any compensation ex
cept that precarious one arising out
of the office of Sheriff, which may be
obtained perhaps crnce in the course
of one's life ! At present a Judge
rides into every county in the«tate, let
his jurisdiction therefore be extended
to cases generally, and limit the Coun
ty Court jurisdiction to local matters
and to cases of small importance, bring
ing back the out of doors authority of
a single Magistrate to what it former
lv wae—At any rae let the Superior
Courts have concu:;feut jurisdiction,
and leave it to every man’s option to
go into either Court he may please.
I by no means mean to detract from
the merit of the County Courts. They
are a valuable branch of our govern
ment, and deserve, in general, much
of their country—but those citizens
who feel the high office of dispensing
law and justice, cerainly should he
better qualified for so great a trust, &
it is no reflection even on those who
are liberally endowed by na ure or by
a superior education to say, that they
may not be judges of law.
There sentiments I submit to my
country with all due deference; they
are such as I expressed in the legis
lature 28 years ago, and I never have
heard a reason advanced which made
me doubt for a moment the propriety
:>f them.
Having thus far indulged in a few
general remarks, I notv submit the ac..
:ounts and statements of the Armory^
Penitentiary and Publid Ware-hom-e’
or the reception of tobacco and flrur’
n which it is hoped no cause will be
fa tin d for censure, making some al
lowance or the infancy ol thr imtitu
ions in this country, & the difficulty
if flhf rh#» rr\ ru t r. L» i! 1 f.. 1 • I
O - w-Mi UOk3 111
he various brandies of business ap
pertaining to two of them. It is be.
itved a co-siderable improvement 1
las taken place in the inanufacturitu
*! the small irn.s, both as to sightli i
!CSs and quality, and the number will
>e te n oi the p es *nt year’s labor to !
e, of Mu„k is 3,435, besides Pistols, (
jv .rus.ffc . aaci-ofCntmon92pie. |
rbe Penitentiary is progressing s
carer to pvrf ction : L’» clear pro. 4
r,» on amount of sales since the first [
: December, 1S09, will be found to j
e ’8'30."f 88 cents j the stock at 1
resent on hand being IS 30,278 48 1
erts. r
I ke Warehouse for the reception of j,
ibacro and flour, yields this >ear a i
reft: of fc 1825 30. d
The'X tea* urer’s and Auditor’s ac. 11
Mints will form a subject for a subse- !•’
tter.t communication. As these sub-1*
cts will undergo investigation by a I]
immittes of your own body, much h
cd not be said concerning them by J(
e { I shall therefore bring yonratten
on to the following communication* dl
id subjects in the order tney are *
nnbtrccl. bi
1. Copies r.f t ht* e *rvera] comrnunrca. al
n* from the of G-'-rgia, - b di9_
provliig n re*olu;ion ot the General a<
«( n. > v <H V-rgniia, proposing a it amend. 111
■r*t to t e constitution ol the U. Stater, 'n
wluiK **toe b*-i)<4ior« m the Congress *c
Ike U, &, may be removed from office by t*
he vote of a ma}«,ri-y of tUc whole number
t tue member* of the resprctive State Le
i&latures, by which ihe said Stnators have
»een, or may be appointed ;”-»Disappro_
r,og of a resolution of the Stale ot l'ennsyl*
ranta, proposing an amendment to the consti
ution of the U.Stales, by wh<ch “ an im_
rartial tribunal may be established to de_
ermine disputes between the General and J
■hate Gnverntnen’* — And disapproving
>f a resolution of the State ot Massachu.
tells, proposing an amendment ot the Con.
dilution of the United S ales, by which
"no law shall be enacted lor laving an em
bargo or for prohibiting corn no roe for a
longer period than until the expiration ot
thlr'y diys from the commencement ot the
session of Congress next succeeding that
session in which such law shall hare been
tn acted/’
2. Copies of communications from the
States of New-HUmpshire, Delaware and
Pennsylvania, disapproving oi a resolution
of the Stale of Massachusetts, proposing un
amendment to the constitution ot the Uai.
ted State*, as rtc ted in the Utter cumtnu.
uication from the State of Georgia.
3. A copy of a communication from the
State of Kentucky, disapproving of a rtso.
luiidh of the State of Pensylvsnia, propo.
sing ah amendment to the Ccus'tuition oi
the United States, a» recited in the second
communication from Georgia*
'4, And a copy of a communication from
the Slate of New.Jersey, disapproving ot
the several propositions for the amendment
f.’f the Constitution of the United States, as
recited in the communications from Geor.
gia. .
_5\ A ®ppy °f a letter from William W.
Henmg, Esquire, resigning his appointment
as a membey of the Privy Council or Coun
cil of Stkte, t And,
1 have to ’anhouhee the Heath of John
H^atb, Esq. late a member also of that
branch of the government.
,,76r A C0Py of a letter fr<5m Mr. Isaac
Webster, requesting the use of the water
oelow the Armory for the purpose of erect
ing machinery to prepare Plaister of Pans
as a manure.
k1I-,i.copy°f« .letter from the Honora
ble William B. Giles, covering a Report of
a committee of the Senate of the United
Respecting land bounties due to the
'"r* &n<* *?°ltliers of the Virginia line on
otate Establishment, for their services dtia
i ring the revocation.
m' , A/°Py of the annual return of the
militia for the year 1809, inclosed m a let
|ter from the deputy Adjutant General, ad
dressed to the Speaker of the House of De
legates, and accompanied by a copy of a
letter received by me from that officer in
August last. Tnese papers will be found
to contain information Respecting the arcs
distributed to the miiitiiv, worthy the at
tention of the General Assembly ; and as
, ■unber iilubtration ot tsut subject, i
enclose copies of a letter from Ayleti Wal
ler, Esquire, the Commandant ol tne 16th
Regiment, composed of the militia of Spo:t
sylvama, and of a letter from Alexauder
Doyle, Esquire, a Captain in the 13m Re
giment, m the county of Shenandoah, wmch
are forcibly impressive of the necessity ot
some step toward a remedy of so serious
an evil. It is ascertained that since the
arrangement of the miiitia unuer the pre
sent organization, no less than 502 niusl
ketts, fee, and 98 rifles have been issued to
tne 16 h Regiment, of which no notice is
taken in the mst regimental return, in
addition to the papers already mentioned
as being contained in this number, there
w»ll be found a statement of the arms issu
ed to the Regiments of infantry respective
ly ; and also of all the arms of every de
scription now on hand at the Armory*
While the subj’ect of the militia general
ly is under consideration, it may not be im
pertinent to remark, that the 23rd section
of the act, parsed the 28th of January, 1804
is in such general terms as to induce a be-’
lief, that all crimes, of whatsoever nature,
committed by aff officer, are cognizable by
a Court Marshal; and as an instance of
the prevalence of th s opinion, in March
last, an officer was arrcsieu in the county
ol Campbell and tried by a Court Marshal,
on a charge ot having fraudulently sold a
negro. It is suggested that, as a remedy
for this evil, the sectio i aforesaid be so a
mended as to confine the arrest of officers
to the causes specified m the 36th section
sf the said act, and to such other causes
as may be specially designated, so as not
to infringe the constitution, which declares,
“that lht militnrv e«i»ll •• • -11 _.. '
subordinate to the civil power."
The report of the death of the Adjutant
[Jenrral, as sated in the letter addressed to
r'oa by his deputy, has not been officially
tnncunced to noe. 1
I now lastly beg leave to draw your at.
ention to the present condition of the Ca.
iitol and Gcwerirur's houso The form .r
s more particularly n your view, and will,
rom examination, be found to want repairs.
»ome spprupriminns will be necessary f.r
hat purpose, as it is better to afford sup
dies in time, than suffer the huildirgtodc.
:ay so as to fore* an Application of funds
it a future day to much greater extent. I
ilso submit to your cr»n side ration the pro.
irieiy of enclosing the public square with
irick or Slone, to prevent the gradual ap.
iroaches which are making by every ram
r> undermine the building. The eypenre
till not be great, and ought not to be an
hstacle in the way of so desirable ei, ob.
tct. Certainly our increased population
nd wealth, can accomplish what w^sdone
i our inlancy, when wc w*re a Colony un.
er regal dominion. The Governor’s ter.e
lent is going fsst to destruction, having
ren originally badly built, and is tco small
ir a family. The patch work which has
dorn in it for twenty years has cost great
r more th«n a good durable Ur ck i.’mld.
>g would have done. The ground ad.
ining down to (he ravlnr, with the dwcl. 1
ng and garden, together wi>h the lot be. |
seen Mr Kaad<>ipii s and Mr S outhgate’s
id one near the shop of Heniy J. Jlosher’ '
ould furnish the^ieans to erect a neat 1
ntdirg m a nu^r#ratired limt^ and <
ford a nurplus purchase o^a few <
.res of land, lo^^npemible for a good ! (
commodation, 'Inc present liiuation is |
toltrable for a private family, theie be. [
S not a foot ofg'Titi.oi that is ..otexp-aed "
ihre« wreeia, ins das a cluster of dirty «
Dements ini'Dtdlately in front of the «<
f
house, with their windows opening into the
euclo>ure. *•
It will not, I am sure, be conce ived that
I have either interest or pride in pressing
this subject, any further than what I feel
as a citizen, and therefore hope to be ex.‘
cused for the liberty I take in these sug
gestions.
I am, with every sentiment of respect
and esteem,
Your very obedient Servant,
JOHN TYLER.
I
New York, Nov. 28.
Translated for the New-York Evening Post.
Lisbon, Oct. 29.
Extract of a Dispatch from Martha) General
Lord Wellington to hi* Excellency Don Mi
guel Pereira R rj.ii, ,
Most IUus>mou8 and Excellent Sir,
—I’hcendhav continue to occupy the
same positions (in front of this army)
which I sated to your excellency iq
my former dispatch of the 20th in*t.
that th- y thtn occupied. I have how
ever detached acme troojfe towards
S »ntarem, General Loisou having on
the 23d marched to that placehvun the
division under hi9 command j and it
appears by address from the officer
commanding at Ahrantes, dated on the
24th inst.. that an enemy*!* corps of in
fantry and cavalry entered Thomar on
that day.
The accounts which I have receiv»
ed from the prisoners and deserters,
who have been brought to this ar
my, all agree in confirming the state
ments of the difficulties and miseries
which the enenry suffer by reason of
the great scarcity of provisions of eve
ry kind.
xnry aiao state mat me enemv were
collecting and preparing materials to
construct a bridge over the River Ta.
gus, but though we have a good view
of that fiver, of the diffc rent points, of
the position which the army occupies,
and have officers and several ind.vidu
als employed!on the. left bank of the
river for the purpose of observing the
motions oi the enemy, I have not hi
therto been able to di-*cover the place
where they are at werk, nor bver what
nart of the River they can place the
Bridge, should they 'succeed in con
strutting it.
The enemy at the same time appear
very desirous to ob:ain or c licet boats,
and for that purpose they endeavored
on the 24th inst. to di lodge a party 01
militia|fYorn Cnamusca, by firing oh
them Atn artiberv in order to obtain
possea^n of so lie boat*, which wt.te
near that place, but the a tempt did
not succeed—Towards Ramaihal and
Obidos, the excursi us o, the ei.emy%
detachments are limited and confined
to such a degree that in realit\ they
t*re in possession of no more ground
than that on.which their arm) is post
ed*
By the last dispatches from G-n.
Silceira, dated on the 17th inst. it ap
pears that every thing remained quiet
on the northern frontier, nor had that
Geni then f%ard ortreceived any intel
ligence of the marts of troops in Cas
tile* l I
I he partisans had become more
boil and enterprising than formerly,
j and had formed a junction in the vici
nity of Vallidolid in the beginning of
the month of October to the number
of 15()0, for the purpose of taking a
convoy oF money, a-ising from the con
tributions which the euemy had im
posed upon the country; but their de
sign failed.
Viy last news from Cadiz is to the
tnat
I have the honor tb be with esteem
and particular consideration, your ex
cellency’s most obedient servant,
WELLINGTON.
Head quarters at Pcro Negro, 27th
Oct. 1810.
His excellency Don Miguel Pereira
Forjaz.
October 30*
The enemy continue to front our
line, with the exception of Loison’s
division, which has advanced towards
Thomarj their object is probably to
reconnoitre, and to pro< ore provisions,
of which the army of Massena is in
great n ed«—»'lo supply the almost en
tire want of flour, they make use of
corn in the following manner_They j
boil it in the grain, or pounded as well '
as they can, and when boiled until it is I
softened, they make a kind of cake, I
which, even without salt,& without lea-j
vening it,they throw ibtoihe fire,or in- !
lo ovtnv, as may be mttt convenient &
then eat it. Miserable mode ofsub
usttng ! The cattle which could not
ivholly be taken away, although the
arge droves which pastured on the
>anks of the Tagus were sent to the
on?hward, are now consumed, an l!
here is in this respect an extreme sca;- ’
i y. The iohabttanis of the central
inuntry situated between the two roads !
•f the Tagus, and the sea coast, <!id’ i
ot put their cattle within the l;nr, p-rJ ,
aps because.they erioneousiy aupp j <
d that the enemy would not advanc* 11
i far as the Sierra de Monte Junto 1 i
but their quantity was n t gr* at, and
the enemy** army consumed wh..t;hcrc
was in the first 15 days of their stay in
our vicinity*
A part of our troops, which left Co
imbra, filtered Ob id us} and in t.»4«
quarter and on the side of Ramuinui,
whither some British cavalry have
gone, it is impossible for the enemy to"
niakeexcu sions, or procure provisions.
In a word they are reduced to subsist *
on what is afforjed by the lands along
the Tagus, fr. fli Villa Franca (o j^»o
mar.
It is for this reason that the enemy
have attempted several times to pass to'
the southward of the I'agus.but always
wi.hout success.
Extract of a letter Irom Lisbon^ dated
October 50.
Otir political situation is very cri
tical, as the enemy are b«jc 6 leagues
irom tiB. Strong hopes are neverthe
less entertained tlujt he cannot pene
trate further. - A'fu:le is momently
expected, which will lor a time decide
the late ol Portugal. In all the affairs
cf ou‘.-post/* and skirmishing,' the Earl
of Busucco, (late Lord Wellington)
has so *ar decidedly gained the advau
Cage, and inspired the people with great
confidence ol his ability to keep the en
emy at bay.
FROM THE BOSTON PATRIOT.
The elementary principle! oi our'righti on the
Oce&n.
Ylflira foLr«-^ - ...if •
--- «auw time survey or
the parent country to perceive that un
til She thorough!) change* uer pre-enc
system we mu-.t look in v.in ebher
to her theory orpratiice ior the correct
principles of our maratim* lights.
Let us thm take a ground that n i
therh; gland nor her a vocates, howi
ever perdnnciotHj. frill ever dare o
pemy to dispute. Let us take for
granted, th.ui as ind pendent Ameri
car'*> we arc under uo obligation to
go to Cock i’.i to- enquire of the
king s tf ll-gathercx, (nicknamed his
deuuiyju <r oi admiralty,; what are
he .eru.s of passing he conimo . high
way of nations, wkfchhis modest naster
t;wn tu*'sV»kc. Let sir
VV.Liam Sc .tt s «oOsc Ace be instruc
ted by h,a in j, sty’s orders in coun
cil, till u become a« enlightened and
correct as Its cabiiitf keepns .:t Sr
'cartTW u Bm- iet honest Ameri
ans. il they yu»- to remain so, seek
surer guides in their own reason and
invesfig;-tion*
The first principles of oiir maritime
rights are extremely simple and obvi
ous to those who are not disposed to
ore gw the use of eif undemanding
in c vility o those imposing Sophists,
v.iose inheres, u is deceive th*m.
I he God of nature has . made th*
ocean incapable o! pern.a itnt and ex.
elusive occupaiion. j he winds sbcl
the waves declare tfl*man, that his re.
sidence aapon it n d)t be transient. It
is ordained to be tfce common high
way of n »ti»ns, equally fr. e to all, as
t -e bountiful elements that bear us o
ver its surface.
This is a leading principle, founded
m .tie immutable law cf nature, and
recognized by the great writers of
every age and every civilized nation,
whether Christian or heathen—whether
philosophers, civilians, or po-ts.
Another principle growing out of
t .is and the nature *of municipal gev
«jua«y clear and umver
s-^ly au muted—that the vessels of
every nation, whether of wr.r, and
commissioned as such, or merchant
nu n with their accustomed papers
uar within their walls the sovereignty
of the nations to which they belong.
hrom rht.se elementary principles of
the law of nature and nations, are de
rived those rules of right and maxima
of corritv, which regulate the inter
course of civilfeed nations on the high
seas—which Ifalte the ocean a gran l
republic, whose subject are all nations,
and whose just and liberal laws ex end
their protection to all the tenants io
command of its equal rights,"
So analogous are the right* of the
common domain of the ocean to those
of a free highway by |an(J, that one
may be aptly and familiarly illustra
ted by the other. The principal dif
fmer.ee is—the former is governed by
thu universal law of nature and nati
ons, nil mankind being its subjects,
who choose to avail themselves of its
occupancy } tl.e fctteV is regulated by
?f; municipal lauw^Jt^the country to
which it belongs.
Kvefy one h™ a right to pass and
re pass the common highway, and in M
that mode which he fm s most for his ^
convenience. Hat none s.re permitte e
° appropriate auy port,on of it to their
iwn permanent and exclusive use.
fl at portion ot the highway, which
•1C traveller transiently otcupu * i,^-_
be air pu-pnsrs of Spe« diog hisjourJ^
ty, becoin«*» for the time being, elcla
lively his own } and all are bound t >
capect his r:j;ht.