Virginia Argus — Richmond, Va., 1810-02-06 00:00:00, page 1

• , . VIRGINIA ARGU S.
' - . ■—■ ■■■ ■ l_j-————— _^ _ _
y\I»Tir YEAR.]__ A FAEE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE. j No 17"'J 1
___*■«> f.IJ1TllmSUIJi'. P££ AS\S PS, Jaaioa, P«,«» TJ raE Co<4h«uti.
9 IZL °',:'rS P"’r AJ°nC'- _ TUESDAY FEE R U ART ~ [ts Unu
Preamble and Resolutions
On the Proposition of Pennsylvania to Amend the Constitution of the United States.
,J'fLF;.C'7m5'V' IO "a8 ref‘;rrt:d V communication of the Governor of Pennsylvania, covering certain resolu
tmns ol the -eg,-Stature of that state, proposing an amendment to the constitution of the United States, bv the appointment
ofpm ..optimal tribunal to decide disputes between the State and Federal Judiciary, have had the same under their consid
eration, a,,., are ol opinion that a tribunal is already provided by the con.titution ol the United States to wit ■ the surname
court, more eminently qua tited from their h tints and duties, from the mode of their selection, and from the tenure of
t.u,r o.hces, to decide the dtsputes aforesaidun an enlightened and impartial manner than any other tribunal which could
The members of the supreme court are selected from those in the United States, who are most celebrated for virtue
J, . 'earning, not at the wnl ol a single individual, but by the concurrent wishes of the President and Senate of thu
Upited States, they will therefore have no local prejudices and partialities. - /
*‘K- h‘JVc t!> PL‘rt°r™»lcatl l^e,n necessarily to the fnost enlarged and accurate acquaintance with the Juris
diction of the fcueral and several state courts together, and with the admirable symetrv of our government. The tenure
.^Ltheir oihces enables them to pronounce the sound and correct opinions they may hive formed, without fear favor or
partiality. . ~ * * *
The amendment to the constitution proposed by Pennsylvania, seems to he founded upon the idea, that the federal iu
dic.a. v will, from a lust of power enlarge their jurisdiction to the total annihilation of the jurisdiction of the state courts
taut they will exercise their will% instead ot the Lav and the con stitution.
1 hU argument, if it proves any thing, would operate more strongly against the tribunal proposed to be created, which
promises go little, tnau against die supreme court, which, far the re isons given before, have every thin- connected with
their appointment calculated tb ensure confidence— vVhat security have we, were the proposed amendment adopted that
thistnbun-il v.ould not substitute their will and their pleasure in place of the law ? P > *
lue judiciary are the weakest ol the three department ol government, an-1 least dangerous to the political rights of
the constitution i they hold neit.ier the fiune nor the siMrh, and even to enforce their own judgments and decrees
must u innately depend-upon the executive arm. Should the federal judiciary, however, unmindftil of their weakness'
unannuUd ol the duly wn.ch they owe to themselves and their country, become corrunt, and transcend the limits of their
jurisdiction ; would the proposed amendment oppose even a probable barrier in such an improbable state of things 1
1 he creation cl a tribunal, such as is proposed l>y Pennsylvania, so far as we are enabled to form an idea of it from the
description givcu in d.s resolution, of the Leg,si ure o; thu state, would, i , He opinion of your committee, tend r,
ther to invite than prevent a collision between the lederal and state courts. It might alao become, in process of time a
serious and dangerous embarrassment ou trie operations of the general government. *
#«,heJ thereforr, '1 hat the Legislature of this State, do disapprove of the amendment to die constitution of the United
otatea, proposed by the Legislature of Pennsylvania.
Rested also, 1hat his excellency the Governor lie, and he is hereby requested, to transmit forthwith a copy of the
foregoing pi Lambic and resolutions, to each o. the Senators and Ilepresentatives of this state in Congress, and to the Exe
cqtu e ot the several states in the Union, with a request that the same be laid before the Legislatures thereof
January 23d, 1810—Agreed to unanimously by the House of Delegates.
January 26:h, 1810—Agreed to by die Senate unanimously.
R03ERT TAYLOR, s. s.
Js: BARBOUR, s. h. d.
Virginia Legislature.
House of Delegates.
WEDNESDAY, JANUARY 31st, 1810.
A. motion was made that the House should come to the following resolutions!
Resolved, That the Senators of this state in the congress ot the United States be instructed, and the representatives
requested, to use tiieir best eilorts to procure a further continuance of “ An act to extend the time for locating Vir
ginia military land warrants, lor returning surveys thereon to the olfice of the Secretary of the Department of War
and appropriating lauds lor the use of schools in me Virginia military reservation, in lieu cf those heretofore appro
priated,” approved the 2d of March, 1807.
Resolved, That the Senators of this state, in the congress of the United States, be instructed, and the represent
lives be requested to use their best eftoris to obtain the passage of a law by congress, appropri ling such waste and un
appropiatcd lands as may be thought proper lor the purpose of satisfying bounties due from the state of Virginia to
her olheevs and soldiers ot the state line, and marines ; the fund appropriated for that purpose having passed'to* the
state ot Kentucky since the first of May, 17i)2~and there being scilUi number of claims of the above description
uwatulicd; and which the state of Virginia has disabled herself from satisfying, by her donations of lands to congress.
Resolved, J hat his Excellency the Governor of this <rtate be requested ^to transmit copies of the foregoing resolu
tions to the Senators and Representatives of this state, in the congress of the United States. ® ®
On motion, Ordered, That the said resolutions be laid upon the table.
The following resolution (which was heretofore laid upon the table 1 wm taken nn>
Government, by interdicting all communication with the said Francis James Jackson, has acted with a due regard to
tile character an 1 dignity ol the government, and lor the interests of the people of th • United States 6
The said resolution was, by the consent of the House, withdrawn by the member who had moved the same and the
following submitted in lieu thereof: - 1
'T'u..__r • _i__ i_• .« . .
--nv.u.cwc-, ..^v.H^ given rise 10 numerous relations essential to the harmony and
wtercourse of those societies, it becomes a subject in which all have an interest, that such relations and the rights they
^involve, be clearly distinguished and carefully observed. The usage of nations, founded upon principles of justice
laid upon experience of mutual advantage, has furnished a guide which should govern in the reciprocal deportment of
Communities, their agents and members. By that rule are defined and fixed many and important rights and good of
fices, to secure which, formal conventions are deemed superfluous. By that rule, the safety ahd immunities of iccre
dited national servants are sanctified ; respect and credit to assurances between nations either in peace or war insured •
and by the same standard too are settled, those decorums, that respect and conciliatory temperance which is enjoined
on foreign ministers towards the governments near which they are placed. When all or any of those requisitions ire
•lighted or openly oppos d, the peace of nations is necessarily disturbed, or put at hazard; and mankind as their
common interest is thereby assailed, should unite in their reprobation of that government or agent, striking thus u
the civilization of the world, attempting its reversion to rudeness and barbarism. That people or government which in
partrCidar becomes the subject of such conduct, is indeed most powerfully addressed ; and scarcely can any determin
ation, h nvever extreme, b« denominated extravagant, whose purpose is opposition to the great indignity thereby offer
fd. For our day and our country it seems to have been reserved to have witnessed offences against the rules abo-e
laid down ns «actioned by general and invetera e assent, such as have few examples in modern annals 1 he
rec< ui correspondence between our Secretary of State and his Britannic majesty’s late minister, F. J. Jackson it
well .is the subse quent act of that minister, has exhibited on his part a temper and deportment which* from ever/C
frien 1 of national honor and independence, demands an unqualified condemnation; from ourselves as the party imm/
diat.dy injured, the most indignant and determined resentment. K 7
K» solved therefore, That F. J. Jackson, by declaring in his letter of October 11th, 1809, to the Secretary of Stair
that the arrange merit with his predecessor, Mr. Lrskine, was concluded under circumstances which necessarily insur
ed its di-.avowal, was guilty of au imputation upon the government of the United States of a nature highly indeco
xous and disrespectful. °
U solved. That after an assurance from the Secretary of State that any want of power in Mr. Erskine to ne"o
(eiate such arrangement was unknown to our government; and that a knowledge or belief of inadequate powers wo'il 1
f>ave prevented ail negotiation with him—The reimputation to such a knowledge to our government by F. 1. Jar’
ton was still more insolent and unwarrantable. 7 * *'
Resolved, • hat the President of the United States, by inhibiting all communication with F. J. Jackson and in a k
ing W'i recall, has arte 1 at once with a becoming sense of the dignity and character of the government and with a due
appreciation of the interests and happiness of the people.
Resolved, Th at Francis J. Jackson, by a publication purporting to be a circular to the British commercial agent
I within the United States, h i insidiously attempted to divide our people from their government, by mitigatin ' his
] own outrageous cond-i t, and by misrepresenting the spirited, yet moderate deportment of the executive ; and that 1 c
has ti unseen led the U giti nftte privdeges of a foreign minister, who iy'warranted in urging the merits or his pr.-ww ~i
tiotis through the recognized organ ol the government only. • 1
„ Resolved, That should the correct
resolution of the President in refusing
to communicate with her minister, be
met by open hostility from Great-Bri
tarn, the people of this commonwealth
are ready to support the Federal Go
vernment in vindicating and maintain
ing its dignity and independence.
On motion, Ordered, That the said
preamble and resolutions be referred tc;
Messrs. Daniel, Preston, Cabell, R.
otanard, Stevenson, Brent (of Staf
ford) Mallory, Stith, Johnson (of Isle
iof Wight) Archer (ol Norfolk boro’j
1 Peyton, Wooding, Otey, Walker (ol
Mecklenburg) and Archer (of Powha
tan.)
LEGISLATURE OF VIRGINIA.
ACTS OF A PUBLIC NATURE,
Paaaed at the Present Session,
[Abridged from the Originals for the
Argus.)
I- An act concerning cr^ificales.
BC7* This act authorises the auditor to
iisue one or mere new certificates in lieu
ol an old one held by a sta e cr« di or ; «c
to take in small certificates and consol .
date them not exceeding the otig nal a
mr.unt. It ahoex e ids the time for draw,
ing interest on ceit‘fica!es directed to be
ngstered under the a6l tf the 28th ol
January, 1802, and wh ch were not depo
si ed wi :h the .r^asiiTcr within thr pei od
dufted by that aft, until the first day of
Juf'uary, I8il.
2. An aft concerning Pilo s.
K71* Every mis er ol a coasting vessel,
'ailing under a coasting license, ar d wan.
ling a pilot, must hoist a signal at his
foremast, or fore.lopmust head ; upon
which it shall be the duty of any pilot
acting under the authority of this com.
uaonweal h to take charge of such ves
sel. Every such pilot shall beatvitled to
double the fees r.lkwcd far conduft nK
\mericaa vessels sa ling to or from loil
eign por.s. Bur n - grea'er charge shah
he made for c®nduc\;ng coasting vessel*
utwurd bound, than is now paid on fes.»
<sL fcr»u d to foreign ports. [To com.
mence from tht 1st day of March next.]
3. An aft au.homing coutvy cuur.s to
ell’.w a reward for k.llinj- trotves.
fcfj* Thts aft * ves uuthon y i0 sucl.
county cour s as may dee.n it expedient,
(with .ha r.finr.uimira rif « m .
•he aiding magi-4ia.es,) to allow reward,
lor killing wolves, i > tiidr county, not ex.
ceeding >2 dollars; lobe paid, as oihc<
|C.oun.y charges- livery claimant shal
produce a cir.ifi ate from a jus ice, reci
ling h^ name, the number of scaip-t, ei
thet of old wolves, or such as in his opi.
nion do not exceed six months, the timt
and place when and whctc k ited, and that
oat's or affi ma ion, or sufficient prom
hcrccl has been made before him. The
datmant must pr.uluGe the witoie skin ol
he head ulihe wolf, and take before ti e
;u tice. the follow g oath : •* 1^ fc
‘ do swear that the scaip or scalps (as the
case may i»e) by me now produced, na>
4 or were taken from a wolf or wU!ves
“ caught a cl k !!ed by m; in the said
rc county of so htip me God.”
Fhc court shalt not allow any reward
without surh certificate. The jus ice shall
cause the ears to be cut off in his p,e.
-.ence, and shall grant no certificate for
a scalp without ears.
4. An a£l to amend the several laws re
gula ;ng the inspection of flour.
I*-7* 1 hi9 law gives the owner of flour
'he same power of appealing from the
judgment ol an inspector, as to the de.
gree of fineness of the flour, as is granted
by t:.e lOdi tefciion of the aid of 1792.
(I Rev. C-de pa. 229) whe;e it is con
dunned by the inspector. When thi d.r
cision of the ir.speelor is reversed, lie slia I
pay three cents on each barrel of flour ;
and when it is affirmed, the own. r, or h s
agtn‘, snail pay three c it's »o the per.
sons app in-ed :o review it Any person
appo'm ed ei viewer an I refusing to a£\,
shall forfeit five dolla s, recove able be
f r.‘ a ma^is.ia c by any one w!io wtl,
.* r» ^Ci'.e. Alter the fi.nt d »y of S.-p
temb.-r nut , th re shall b-? but one in
sftcW ol flour f'.ir the town f Peter burg
co b. ap,»o nud by I lie court of lius.
r rv
5 Ao »6l making pr vision for the
sd ol : ublic property in c<ttu n districts.
^7* Th? cbjcCl ol this I w is to su
t:o zc the sa o> but'-ding* which wire
fretted a th; jolt t expense o;' the c .un
it* and Corporations eon.; s ; g ad strifcl,
w iil tl e law es’a di?h'ng d »lr:Cl court,
wps in Opcr, t tin! t :ch Hi jot s, COUIl Lo.iS
ch, And clerk.' <. (T ees. . •
€. An ail to bopj teas D • I
t7 Any j .* • on v (n s!i. .1 hereaf ei
vr’.ll.d y » d ntd eioudy, ot by frivioti
tgrcan'r”', f< a dotl nr single c >mb«
i i«h t-iir c ;g‘i.e, i 'strt nv n; crweapon
j he p.bJiJ ror.-fCj j“i« f « f w h e i iui ;h
l c- .1 c it a b o t; fc*s j a'i), i- i tu doinf
***1 1 ~ »'«Ta
shall kill his an.agonist, or any o her r| -r.
son or persons, or infl c* such wound as
that the person injuied snail d.c Uicc ,t'
with n three monilti there stler such ofT.- r.
der» ^*,s tt'ders, abettors and counsellors,
on conviction, bs deemed guiliy of mar*
de-» and suffer death.
Ifany person shall challenge another
o fight a duel, with any ‘weapon or in a*
ny manner whatsoever, the piobablt issue
of which may or night be ihu ceu.h ,f
hit ch.l’e ger or challenged or it any
person shull accept a challenge, nr tig i a
duel, Hi ab .se, such person shall b^ in.
capab e of holding or bring eedled o any
posi of p oli , trust, or emolument c.vil or
military under the government of thft
commonweal.h.
A.’ier tiict passirg of this ac‘.7ev*.y per*
son who sh.*J| be appoin r.d to ally ftice
or place civil or mill.ary under tins tom*
monweal h, shall, in addt.ioii to iheoa.h
now pi escribed by law;, t ,kc'lit following.
I do to.em.ly swear or aifi in ;as tin*
case may be) that I have not been en.
gaged n a du !_, by &c.nliog or acc- ptiug
a challe ge to fight a duri, or by light.
ing a duel, 01 in ai y otiie, mamtet,invi I t.
noil of the adt enti led ” An hc o sup.*
press duelling” since the pa a.-.* o: r.Vc
acta nor will I be so concern.d ante 1/ ar
indirectly in such duei during my cumin,
uance in office. So help m, God ’*
The judges of the circuit ..nd the cAintv
courts at their quarterly sessions are tn|o ..l
cd to give expressly j„ cu.irge to th:: jury*
til the laws in force to suppress duelling, t*.
to ch »rgs them to present nil persons ton*
cerned m carry .ng, studiug o,- accepting a
challenge ; arul, on praeonneu if
c« urt has jurisdiction of the uikaci, it shall
proceed to trial in the ordiam y way j .t irg
the p-«sentment shall either be certified ay
order of court to such court as has jurist!,c
lion, or shall be considered in law a suih
cient authority for a magistrate t„
Ins warrant against the accused wnerc a:i
examining court is necessary.
When anyju hp or magistrate has - joJ
cause to suspect that any petson or pti*suns
are about to be eugagtu in a dut., he j.. ,y
issue his warrant to bring the pa.t c- .^1
tore him—and, if he shall tlumt. pnva. u,
take of them a recognizance to »•;, 11
peace^ he shall insert in the condition
that the party or parties shad urn duo
the time ler whicu they wire ocumi d.
uectly or mJirectly tie concci u.a r, ,iu. i
e.ther with the person sjopccci b or «ny
other person wilhm the time hm.led. ty t.ie
recognizance. 3
If any ptniM or porno,:* itl ord-r to e
lude the operation of this U , s;.al, leave
the state, they shall be deemed as Ku,|-v
and subject to the hit.- p. haiees . 3 u ^ *
offence had bceu caai.uut.a within tins
commonwealth. ^
Ifany person shall leave the state w;,h
i in intention of giving or r< r.M
! tenge to fight a uuei, or of uHifljn ;i
ung in giving or receiving nue^^liemV’
, and a duel shall actually oe luii^ ict wiici '•
oy the deatn of any person sijurt 4i. i>-2e«.
!*“d the person so leaving the s:..x- 3 ;
| remain tuereout so as to prevent ti.s n ..
prehension for tne pu, po.»u oi truu a,* if
'*>’ person shall ri^it a jUel m s£,t;s
or aid or anett.verci.i^ wr.treny-any »K l s. a
[shah oe killed^ and men fl.e u, o another
istate avoid hu trial, in tytuer c• it
shall u« tlie du.y of tne executive, ajultney
are directed to adopt and pursue al,V' ,|
[steps to cause any suon oil’, trier to ,t ,f.
! prehenedd 8c brought to trial, in the cou; 1
ty wueie tiie offence was committed, when
!the duel snail nave been tuaglp. m l JU
s-aie, and wnea foujut without, tiien m
-that county where, «.i ihe.opim.n oi tne
executive the evidenceag.ishl&t tne offender
i can be best obtained auu produced upun it s
trial.' k
i. shall be the du y of the attornics for
the coininon wealth, tor the county co ires
to give information to the executive, wnen
tviH’ a ci.se snail arsve m tneir c.uni.-s
which will r uder tne interpnsui.tn oi me
executive n cessary : and me said uuor.
mes,either iti the first quarterly term,
ter the coioincurceuient ot mis act, or at
the time of accepting uie.r offices, wiitre
they shall herealter be appointed h il
take the fc!. .wing oath. “ 1 do solcm.il/
“swear or alfiru. (.,3 tlie case ,n iy be,
“ *h;4t i 'v“1 f‘» the best of my judgment ex .
'* ccule l«c duty imposed (hi we by p,e
“ act in suppress duelling. i,j he.p mu
• b a 1
A.I words which from their usual con
strucuon and common acciput.on *.c c n2
sidwred as insults, and lead m v ole.-ce ami
ureacii ot il.u peace, »h .|| hereaf er be ac
tiomble, and no plea, ex. a,. ion or d«.
murrer shall be sustained n. a„y C( ,(.t
within this c »m.r. mwcaltli^ to picckilc a
ju y tioin passing thereon,* who are her*;,
by declared to be the sote judge* of the
damages sustained) Pr vid.-d m a lbs
emits may grant new lr ab ns Im-. o; ..
[ 1 o coin iience from tne 1st ui Aur.i
nexi j 1
7. An act authorising the super'or courts
of law and c urtso ch me rv mi m. • um,
of certiorari tn certain envei, ,mi ,„r other
pin poses. J/* Whenever any r.,Hinfy court
shall u .reasonably n g.ect or d«lay tule«
c dc aoy mih in law or equity, which n w
is, or heir .tier shall be tb pending in such
Court, upon application of either cl tlie
[inrtres no free uied Irom justice, t*K* jud«
» ol the superior courts cl law, and tno
jcdgCt of the riiHiic ry courts, are an h ,r .
I't.J and d iected *o issue writs of ceru.>«
to., to remove such causes be hire i he.n, in
ituc »1 n- “muner a* m cases o? p uu.ihif