The Wheeling repository — Wheeling, Va. [W. Va.], 1808-03-10 00:00:00, page 4

Then; is ever danger in acting oh thd »
’phrenzy of the moment, and consider .
ing it the judgment of the nation* jf
•we were to receive as indications the
public judgment) violent, but temp orarv
impressions, the result ot case and
fleeting circumstances, we shy ald be e
ver at sea. What should we say of the
public judgment at this tim >c ? That it
has most strangely veeredt about.
In 1794, the federal jtv.fges were accu
sed of introducing ar' htrarv construc
tive treason. Durinr - a shameful rebel
lion, the officers of government had been
driven out of the country, their persons
assaulted, their officers plundered and
burnt, and their functions suspended.
A brigade had assembled in arms, un
• der its officers and other leaders ; and
the public mail was taken. The judges
decided, that if men conspire to oppose
by force the execution cf a general sta
tute, arul if in pursuance of such conspi
racy, they assemble in force, and proceed
to apply that force t o any unlawful pur
pose connected ivith their main design,
this is treason. By the party calling
themselves republican, this decision was
denounced every where, from Georgia
to Maine. It was declared to be con
structive treason ; and that levying war
could only exist in meeting and oppos
ing the regular or militia forces of the
government. A federal judge has lately
decided, that if in pursuance of a trea
sonable conspiracy to overturn the go
vernment, men assemble in force, and in
a condition to act, they are guilty of trea
son by levying Tear, without any ap
plication of that force to an unlawful
fur pose. W hat is now the republican
judgment ? Why, that this latter opinion
most shamefully limits the ground, so
that traitors may escape. A conspiracy
to commit treason, is treason by levying
war, it we rely on temporary impres
sions made on the public mind. Have
we not seen a powerful party contend
ing that the iury, in Callender’s case,
Tied a right t pronounce the law under
which he was indicted unconstitutional?
And do \v e not now hear the same party 1
denouncing this power in a judge ; and
are they not labouring to confide it solely
to the legislature who pass a law, to
judge of its constitutionality? It is-not
only in the populace we behold these
whimsical conceits. Chase was accused
and impeached, for awarding a capias,
on an indictment, returnable in term
time, and ruling the party to trial for a
misdemeanor unless he could shew cause
of continuance* In a work now in the
hands ot evt^-ry gentleman, this resolu
tion ot ju.dge Chase is condemned, as
being at variance with the usual prac
tice of this state, by a judge who has
followed the same practice.
These ordinary fluctuations in public
opinion, I only mention to sh-.w to what
extremes men are sometimes carried by
party spirit, and that there are times
when a reasonable man is bound to dis
trust his own judgment and forbear to
act, unless acting by an immediate duty.
Such is the present time ; and I hope
this body will resist its untoward ten
dencies and cheris i .he institutions of
our country.
i'lr. Sheffy made along and luminous
argument against the resolution. After
tin*, close of Mr. Sheffy’s speech, Mr.
Nelson moved an amendment, which
went to provide, that judges should be
remove-able on impeachment and con- *
v let ion of treason, for any high crime,
or misdemeanor, bribery, or incapacity;
and that a majority of the senate should
be sufficient to convict.
i his amendment went to defeat the
proposed power of removal by a vote of
both houses.
Wednesday^ January 20.
Mr. Nelson’s amendment was, at his
own desire, so amended as to require
the present constitutional majority.—
Mr. Nelson then supported his proposi
tion by a very able argument. It was
opposed by Messrs. Daniel, Sheffy, and
Doddridge ; and rejected, 14 to 5.
i he question recurring on the origi
nal resolution, it was rejected, 13 to 6.
■The ayes and nocs being called, were :
Ayes-Thomas Maclin, Iloulder
Hudgins, John Pegram, Robert G. Robb,
V illiam B. Hare, John P. Hunger ford#
Nays—William Daniel, MiU <* Sel
den, Daniel Smith, Nicholas Scbreil,
Isaac 15. Coles, I.ewis Wolf, Daniel
Sheffy, J'-hn C. Hunter, Philip Dou
dridge, Richard Brooke, John Dabney,
Robert Nelson, and Thomas M. Baily.
[In a former number of the Reposi
tory wc stated, upon the authority of o
thcr newspapers, that the resolution for
su! ji cling senators of the United States
to be removed at the pleasure of-their
respective state legislatures, wys r< jett
ed by the Senate cf Virginia* From
recent anth more authentic information,
it appears that the Senate agreed to the
resolution—ayes 11, noes 10.]
FINANCES OF VIRGINIA. ,
T lie revenues ol the Cominonweajtb-.
of Virginia arise from the following
sources.
1. A tax on lands, slaves, horses, or
dinary licences, riding carnages, lo.ts,
and houses in town, and licences to mer
chants, hawkers and pedlars, which is
specified in the revenue acts passeu at
each session.
2. From the surplus on tobacco ex
ported, alter deducting the expenccs au»
thorised by law.
3. from a tax on law process, ap
peals, 8*c. which is accounted for by*
clerks of courts.
4. From fees paid by the register of
the land office.
5. From the purchase of land war
rants, authorising a survey of unappro
priateu tana.
6. For the redemption of land forfei
ted to the Commonwealth lor the non
payment of taxes.
7. From fines, forfeitures and amerce
ments, including militia fines.
8. From the Penitentiary, for rent of
the jail and diet of prisoners committed.,
for offenees against the United States,
9. Front the State’s^ dividend on her
share of the capital stock of the Bank,
of Virginia.
10. From the James River Company,
From the Treasurer’s statement, it
appears that the balance in the treasury
oil the 30th September, 1806, was tj.iV
ium of 8 122,463 62
That the receipts during
the year ending the 30th of
September, 1807, amount*
cd to 341,330 39
8463,794 »
And that the disburse
ments during the year end
ing the 30th Sept. 1807,
amounted to 8 326,254 13
Balance in the treasury
on the 30th Sept. 1807, 8 137,539 88
Taxes for the present year.
On lands for every 8 lOO value, ac*
cording Jo the equalizing Taw, 48 cer ts.
On slaves above 12 years,- xcept
exempted, by the courts, 44 ccnta.