Virginia Argus — Richmond, Va., 1810-02-16 00:00:00, page 1

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[« 1-2 CcAU Single.-), y
JUA.W3 of VIRGINIA.
' _ *• •
AN ACT
To asietld thestfveral la *s concerning
tltc Inspection of Tuhaico. •
[Passed February 9th, 1810.]
it enacted by the General As
sembly, That wheresoever hereafter,
a Hogshead of Tobacco shall be refu
sed at any Warehouse, the owner there
ol shall not remove'but may dispose
of the same by sale to any person or
persons whosoever, and it shall be the
duty of the inspectors at every public
"Warehouse in this Commonwealth,to1
^ issue notes for every Hogshead of re
fused Tobacco, specifying on the face
oaf such note, the number, groas and
Matt weight, and that it is refused To
bacco, which ahnll in like manner be
m irked an> each cask,an l if a \y osr
fo a be detected in altering or changing
the face of such note, the person so
detected shall be dealt with in the
ea n r manner, as the law prescribes in
cases of forgery of Tobacco notes
Jiertt >fore, and it shall no: be lawful
fur :tnv Inspector to deliver anyllogs
head of refused Tobacco without the
mole accompany the ot Jer for such de
liver} : Provided however, nothing
contained in this act shall be aa con
strued, as to authorise inspectors of
Tobacco to become purchasers there
of.
And he it further enacted, That it
shall nor. be lawful for anv inspector of
Tobacco at any ‘public Warehouse in
this Commonwealth to deliver any
Il agahjL id of refused ToliaccOJ to any
person or persons other than a licenced
sternmer or manufacturer, who shall
he licenced in the county or corpora
tion court in which he may reside, and
shall be hound in u penalty not l^ss than
live thousand dollar s faithfully to com
ply with the provisions of this act,
mul also to have administered to hint
in open court the following oath 01
affirmation, viz :—" I -, i.i the pre
" settee of Almighty God. do solemnly
"svrtaror ?.15r:i>T»s the case may he)
" that ell relumedr'ljo'i'ic; o, which shall
" by me be received or aha'1 in any way
"cciTie into my possession, vi tiler as
" my own property or consigned to me
"by other persons’, shall no: pass out
"ot my possession directly or indirect-i
"ly until it first a half have been duly j
“ mspectcu and passed, as 19 provided!
‘‘for, in die ;<ct to amend the several
“lavs Gourcruieg lae inspection id
“ Tobacco.”
And he it A’irthtr emeted, That no
refunorl tobacco, which is received by
any s'.cmthei or manufacturer, shall
past out oi bis possession,until it shall
first have been duly inspected and p«s
«ed. If it he manufactured, it shall
be inspected as the 1 ivy l as hereto
fore provided for the inspection of to
bacco ; nod ii it be prepared, as leai
or atcimmd tobacco, it shall be prized
in hogsheads, #B'I inspected at any one
of 4he public warehouses, which, when
passed at such pubhc warehouse, shali
rhave imposed upon it the same duties,
and shall he entitled to the same ad
vantages as it would have been had it
liot been originally refused.
And be it further enacted, That il
any person or persons shall ship any*
refused tobacco, unless it shall be first
inspected and passed, as is provided
for in this act, he or they shall forfeit
and pay one dollar for every pound of
tobacco-so shipped, which shall be re
covered in any court of law, having o
riginal jurisdiction, in. this common
wealth ; and it shall he lawful for any
person to »u■* for the same, and if it be
a licensed s ent mer or tnanuhtCtUfer
thus offending, he sluil forfeit hii li
cence and the penalty annexed thereto,
»ml shall ever after \,t disqualified to
bold such licence; and the informer
*1»all b : entitled to one half of any mo
ney thus forfeited and recovered ; and
the balance to the commonwealth
gtl a':ts and parts of acts to the contra
ry m'*withstanding: Provided, howe
ver, that «i anytime th? owner oi such
itfmrd tobacco, his or thair agent,
shall be at liuertv to pick and reprizt
the came at lb« ir discrcti >n,
Ar.i be it further rnacted, That i:
nhall he the duty of evrry inspector o*
tobacco and < f eveiy civil officer fit
thi3 commonwealth to give informa,
lion cl every offence committed against
this act, which shall come within hii
/ vr their knowledge, to some attorney,
<»r prosecutor for the commonwealth,
who r du’y i* shall be, tusreupoii, tv
* ^ <5
i • • •
institute a prosecution fig limit the pei
| son or persons offending for the j,c«
Kilty cr penalties prescribed by thu
act. And whenever any prosecutioi/
instituted upon infornviuon of uov in
spector or other officer .shall, fall, the
coats of such prosecution shall be paid
by the treasurer out of the surplus mo
ney arising from the inspection of to
banco; and the auditor shall isiue a
warrant therefor in favor of the party
entitled, upon his exhibiting t« him "a
copy of the judgment of the court there*
for.
And be it further enacted. That the
Executive shall be, and are hereby an*
thorisid to appoint a fourth inspector,
at any warehouse within this comajan
vvealth, whenever in their opinion such
appointment shall become necessary.
The said inspector shall officiate as
such, whenever a sufficient number oi
the inspectors already appointed, shall
from sickness or other cauie, be inca
pable of aefing, an-i shall be paid out
ot the salaries of (he inspectors failing
t> net, in proportion to the time he
I shall officiate. Provided, hutywer,
that nothing in this act shall be so con
strued as to prevent any inspector or
inspectors of tobarco in any county
within this commonwealth, above the
lulls of the rivers, or other inspec
tion at which there is no licenc
«d stemmer or manufacturer, from de
livering such refused tobacco ta any per
son or persons, whatsoever, upon bio
or their giving to the said inspector oi
inspectors a receipt for the sfcme;
and moreover, executing a bond with
approved security to such inspector or
inspectors, in the penalty of one hun
dred dollars tor every hogshead of to
bacco so leceived, conditioned, that
the said hogshead or hogsheads of to
bacco, shall not be sent oar of this,
commonwealth by him, her or them,
is the case mu/ txr, but that the game
[shall he sold or disposed of to a been;
ed stemmer or manufacturer of tobac
co witidn this commonwealth, or that
the same shall be picked, repacked
and prized by the person or persons
so receiving the same, and_A£prin--«cg*
ried to some public inspection of
tobacco for re-inspection. This act
shall commence, and be iu force
from and after the passing thureof.
a?'? act
To continue in force lor a limited time,
act passed on the thirty first day
of January last, entitled u an act,
concerning executions, and for other
purposes.**
(Passed Jan. 3(>ih, 1310.)
BE it enacted by the General As
sembly, That the act passed the thir..
ty first day of Jan. last entitled “ an
act concerning executions arid for o
ther purposes,” be and the same is
'hereby declared to be and remain in
force until the thirty first day of May
n. xt and no longer .* Provided al way »,
[and be it further enacted, that nothing
therein contained shall operate to take
av*ay or impair any security given or
right vested, under the above recited
act, but that all of them be, and they
are hereby maintained and enforced ;
and that each and every remedy pro.
vided by the said act lor the prosecu
tion of such rights and securities shall
»e and they are hereby rendered per
petual.
And be it further enacted, That in
all cases where under the sixth section
[of the above recited act, bond shall
[have been given to stay proceedings
[ upon any deed of trust, such bond shall
Ine, by the trustee, obligee or assignee,
'his or her executors, or administrators
in whose possession such bond may
be, returned to the clerk’s office of
the superior or inferior court of that
county in which the deed of trust was
executed or recorded, and the tkrk ol
rhat court only shall have power to ig.
sti® execution upon such bonds.
This act shall commence and be in
force from and after the passing there
of.
AN ACT
Supplumcn’al to an act, entitled “an
act, to continue*ia force for a limit
ed time an i’Ct pasted on the thirty
first day of January last, entitled, hi<
act concerning executions and for «e
I iher purports.”
[Passe 1 February 9.h, 1810.)
W UKIIK AS, difficulty may arise
iu the construction or application olar
Jact, entUted “an act to continue ii
force for a limited time, an net, passed
on the thirty-first day. of January Inst,
entitled an act concefuia;; Execution 1
and for other purposes,” occasioned
by delay in its fiml piSsjng:
He it therefore enacted, by the Ge
neral Assembly, That the said act,
shall be so contrasted a; to apply to
m act passed on the 31st day of Ja
ounry, oue thousand eight hun
dred and ntnv, entitled an act, con
cerning executions an 1 for other pur.
poses, in the same manner that it pur
ports to apply to an act passed on the
thirty first day of January last, enti
tled “ an act concerning Executions Sc
for other purposes.”
And be it further enacted, That
where any bond has been, or shall Ixr
taken, by any sheriff, or other olficer,
by virtue of the said act, passed ou the
thirty first clay of January, one thou
««nJ eight hundred and nine, such of
ficer aHu.ll be liable to th : $ ime fine,
for not returning such bind to :he pro
par officer, or delivering it to the pir
ty cn;i:led to recive it, as directed by
law for pot returning a replevy bon 1.
And be it lurch .r enacted, Tnat on
all bonds entered intq by virtue of the
last recited act pur auant to anyjudg
ment rendered by a justice of the peace,
any magistrate of that county, where
such boad was executed, may award
• x icu'.ion thereon at anv time after the
thirty first d^y of May next.
And be it further enacted, That all
bonds taken by virtue of the act of As
sembly, p issed on the first dav of Fe
bruary, one thousand eight hundred
and eight, concerning executions for
the sale of property oa twelve months
credit, shall have the force of judg
ments and be proceeded on in t'v.
nsie manner as replevy bonds under
he said act, ft it shall and may be law
ful lor the Clerk* of ths respective
enures within this1 commonwealth,
■vhere such bond* may he lodged, to
i»*sue execution or executions thereon
aftW thj thirty first day of May next,
any thing in the said act.cont lined to
■die contrary no'.withstanding. And
all execution* issued on bonds taken
by virtue of an Act passed on the first
•day of February, eighteen hundred &
eight* entitled an act concerning the
iai: u; pi up ty uuucr c.\:uuuJiri dTiu
incumbrance's, and an Act entitled
‘ an act concerning executions and for
other purposes, passed on the thirty
first day of JamiarK eighteen hundred
ansi nine, the Clei*R3 or the Justices,
ns the case trtav Urt, shall endorse, 1 no
security to l e taken.*
This act shall commence and be in
force IVo.n and after the pcssing there*
y
FOR THE AUGUS.
(To THE rtllEtiDS CF THE1H CoUNTST
Reasons, not nrct&sary to be expiained,
have for soma time fni, induceed me tu
} publish my Opinion*, upon matters of a nub*
'lie nature under rnv own signa ure. They
istill exist, othervriie the following re
marks would have appeared under some
othr.r*
I hold it os uncontrovertible dofilrinc,
that in gi unions of public emergency, c.
v*i y citizen is bound by his social duty, to
luntarily torero* forward a id render such
service to In* conn ry, as inay be within
Ins power. To do to is also his right
a:*d his previlegc, ns well as duty ; and
d.e doty is irresi* ible, if it has fallen to his
lo:,to be ablets doth*'., which if ncglc£\.
n\ by him may no; be dons by ano.hcr.
In inch a case a dvrelidion of du y, i» so
closely coaoe&ed wih treason, that mo.
rality and pa*ro i im w.|| disdain aH d;s
hntlioiis which may be advanced by ca.j
id ‘ ry or sophistry.
This doty or privilege (as the reader
plcasts) I am now about to exercise in a
volunary and ctndid submission ol iny o
p nions to pubj.c notice in relation to
mi t:fi, at lir a tunc of the firs: conid;ra«
(ion.
Perhaps upon further reflection, or the
examination of wind others rn-iy say, I
•nay abindon what is now suggested anti
adopt the ideas of others / nor imletd
would I presume to say that my tu cgss.
.ions however they may be matuicd by
icfl.ct on, will l>; able lo withstand such
aigtmien’.t as in»y b: advanced by minds,
better endowed, from the aio.es of cape,
ntnee. bboutd it even be *o, still, by
leading the way, and thus exciting tcflec*
ct» in oihe.'s, 1 shall render a public
'1 he preservation of our government,
and perhaps of our libetuc*, depend upov
in uaton in all obj.cls of great nauucai
concern. A crisis now etists, which ri
not only bo uoio> in sentiments au
feelings, bat in efforts, and the public ex
igenty imperaivelr commands, that ever
cibzrn shad do hs day. Threatens
with we know not the hour when w
may b-wjpnnvoacd to oppose an invading
foe. We Teel, it is true, a consciousness it
nur physical force as well as patriotism
'o repel or destroy an invader, and it i
this consciouineiv which may perliap
•ull us into an ina&ive aecarity, which inaj
lead to iu .>• Let me ask} are \va pre
oared? If the question he answered b>
those who wera witness*; o! the scenes oi
! b- revolution, no; one will answer in
affirmative. Men of later times, consci.
*u, in their own worth and patriotism, re.
lying upon the justice of their cause and
he Mineral papula ion as well as the re.
■»ourcea fur war, will not anticipate tha:
danger, which perhaps is how ready te
>ur6t upon them. War is a science which
cannot be understood by the speculation;
o- the closet or th: harangues of the fu,
rum. Experience alone, derived from a
personal devotion to its duties, will qua ify
thoje who ofay engage, lor tht useful ser.
vice.
The situation of this country demon
stra e« 'hat same gene jd effVts ah o old
be m id«* to inspire e/eiy one, not only
w.ti pa rio.ic feelings,but with military
e U'm .iastn.
i Believing that evsry means, most like
ly 10 promote these objects, ought is
be uved, 1 have -u tcie taken to fecom.
nrend those things which have occurred
*o my m rid My opinions are not sub
n-tted as dogmts, but a« suggestions, a id
avitstioas to others, to compare th dr
tendencies and estimate their value, by
ne cal u lights of rcsso 1, Perhaps o her
suggestions may b; made, and thus the
i rcai ubje£\ for which these sentences are
written, wilt be attained.
Will uui every friend to the public wel
t.ie admit, that in times of peril and ala m,
when our na lonal security depends upon
the means of defence, that ever/ suggi3.
non, no matter how or by whom made
which has a tendency to tular^e the s.ock
ol k mwledge, t i increase th# lum >cr ol
ideas, ar.d to excite the true emotions o;
pa’.ric.isni, will deserve to be uxurained,
weighed and compared?
To fo* m an a in/ to suit the impending
danger, and to inspire it with a spirit ol
paddo.ibtn, military pride, god honor} to
render it efficient, and lo excite public
cHjffJencc, are considerations which du.
serve the serious reffecVoa of every legis.
lator, patriot and p)ti.ic #n.
The means heretofore used of raising
troop* by appouumm s made by the go.
vcrnrarm, and by recruiting patties, are
not calcola ed to produce lit os a desirable
obj“6l* just noticed. He who enter* into
service in the character of an officer, be*
tore he lu* learn*, how to pet form the du.
ties of a soldier, is not calculated, at once,
to* in spire a confidence in his conduct, or a
rcspetl for his person.
When a nation is bound to obey a mas.
ter, the ruler may divide and subdivide
his power at pleasure, and every officer in
his particular siation, becomes the re.
presemaiive of b:s master* Bui when the
nation is its own master, all poweis de
rived from other sources will becxainin.
ed with a jealous and invidious eye. In
imesuf peace, when the public feel lig is
not aroused by alarms, such appoint
| merits may be tolera ed ; nor will 1 deny
that for the ordinary purposes of ,<»
vernment, appointm .tits ofthis desci i,, ion
may be tolerated, because even though
the se ecVons shou.d fall upon unworthy
>bje£\*, an irrepliable injury is out i he.
ly to ensue. Uu when a whole nation 1-,
to be animated when ail that is dear to a
people is at hazard, the appointments
of those to whom the national defence is to
be commuted, should be drawn as yearly
as possible from (he boiom ol the nation.
Fame, honor, rsnli, should be the pri
z:% hr which every one, liOivever ob
*cuic, may enter the litis of competition.
The private soldier should net be chilled
with the reflection* that the laurels and
benefits due for his exploits, were destin
ed t iftivefasne and rank to a tinselled
favo't.e, wh * perhaps, might want every
| requisite to achieve an a£\ion of gaiiun
tr)*
To excite public and general entbu*i.
»sm, an etpiabty or rights and privilege*
nu’ii' to l>«s established, nor should ill:
r*n« of cjfixr ever be conferred on one
■vho knew not the duties and respected
the s-.ation and ci»arufcl«r of a st'dtsr.
Examples to illustrate end support these
ar^U'imi * maybe derived from thali-.
lory ol cveiy nation, when, in times of re
volu-ion, o' a general military exution,
hit nbk merit Iris outstript the pride ol
birth, finch was the ta»c in those con
vuliive times, which overthrew the mun
arc',if of England a id brought their King
(Co* lit the firs'.) to the scaffold* <)j.
own rcvolu ion was Iruilftil in examples n
a si.n iar nature—and to the same outt
ac inimpute the g giu'.tc m litu y w
cr ol Fran c
“I In that country, altho* *h£ fo-m of gpi
rernment is changed, almost all c.EF.cers
* are raised from the ranks. I: is even
\ computed that nine out of ten of the itus*
shalsand general*, of that invincible * iny>
have been private soldiers.
Do not there examples shew the bene*
1 fl's derived by a nation by giving reward*
and promotion to military merit ? Will not
the poor and obscure Virginian whose
humSlc cduca'ion has never taught bint
u» aspire Iv.yond the axe and the plow,
be roused, in (be Uoror of dang-r, to ri.
■ val or to surpass, the son of his rich
neighbour, whose education has fit.
ted him for the higher walks in life ?—
The«e questions are too welt answered by
‘the military ev.nt? of ancient as well as
i modern times, to require o'p.tmedl, or trt
ad-nit of ddubt or denial. I will-there foie
proceed, more fully, to illosUa-.o my ideas,
by submitting to public consideration,
sime suitable propositions, in the jorm
of a law. — — Let them be txautiacd
and smendtcl where necessary, wt.h the
(sole vi^v. to public welfare.
Should lh»* legislature separate before
,an/ eff-flUil steps shall be taken to suit
the present important crisis, these propo,,
sitioas will nevertheless t-nable those indi
viduals who may be dispes-d to form th«
. advance guard or the M’ion to derive from
them: such benefit as they may be capa
ble of imparting. It is for this purport
that they h.ve been degestsd and publish
ed b/ their fellow ci.izen,
HENRY BANK0-.
Propositions to form a Corps of Vol
unters of ten thousand men, to be
called the Advance Gaud of the Na
tion.
BE it enacted by the General Astetn
bhjy That there shril b. raised from
each regiment of militia, one company
of volunteers which shall be organiz
ed as foHours t
(Each comoany shill consist of at
least eighty five men including officeis.
They shall voluntarily enroll them
I selves with the captains of the respec
tive companies of militia to whi ch they
may belong, and bhall be convened at
some place convenient for military ex. • U
jercise. These volunteers, when thus
t convened shall be mustered at least six
|days, under the adjutant of the regi
rtienf, or other competent persons to be
asssisted alternately by such of the
I company as may be qualified for the
I respective duties. Upon the sixth d *ir
I ouau tuuua- uivii uiutci juj U4J1U; •
I The Lieutenants, Ensigns Sc:grants
Jand Corporals, all to be chosen from
their own body, the Captains either
from their own body or elsewhere, as
; they may prefer. They mav be thru
. discharged and return to their respec*
, live homes, and hold themselves in
, readiness for marching orders.
I When a company shall be thus or
ganized, notice shall be given to the
; Executive, who shall issue commissi
on* accordingly*
When two or more companies are
■ convened, the comm.tnd shall be regu
lated by the dates ofcth^ commissions.
! After a sufficient nurfibefr of compa
j nies contiguous to each dther, shall be
j organized, to form a Regimen', the
Executive sh.dt fix upon a time and
1 place where the captains, lieutenants,
and ensigns shall meet, and upon the
third day after meeting, thay shall
choose by ballot one lieutenant colonel
and two majors, either from their owa
body or elsewhere. 1
After four Regiments, contiguous |
to each other shall be thus organized
—the Executive shall appoint a time
and place, where the colonel®, majors \
and captains shall meet, and after re
maining three d«ya together, they shall
choose a brigadier general. And in 1
the same manner the brigadiers, colt - |l
nels and majors of two brigades, shall ! j
choose a major general -r all the superior
officers of ine same grade to take rank
according to their respective ages.
After the officers shall be thus cho
sen, each regiment shall be asscmbl. d
and shall encamp in a proper situatioh
for duty at least one f irtnight; during
that time, they shall be reviewed by thr '
brigadier and major generals to who c
brigades and divisions they will br- I
long. „ |
Promotions to be madein’each regi
ment to the rank of captain according
to seniority.
No otic after this corps shall be or
ganized shall obtain the rank of en- J
sign therein, who shall not first havo
entered as a private.
After a brigade shall be assembled,
there shall be formed therefrom at
.least four companies oi grenadiers, if
1 the size of the men will admit ol it,
• i j