Norfolk gazette and publick ledger — Norfolk [Va.], 1810-04-09 00:00:00, page 2

if*; W* undent end, that* letter froiti GennVal Arm
''iifMniiigim l(ie$errct«ry of Sute, d<t(4 Jhsauary
s|pftii**,’I«*a by tic - Fame, Wri vwl ei
• Norfolk, which that f*ur afl.irs with the
vJiVunfh government hed at that now assumed a
• worefevoorable aspect. General Armstrong h»<i
•erderedthe John Adam* to repair to koglmid, to
. r-ieiiirt Mr, Pinkney's dispatches, and to ratuin t"
France far fiwul. Fenwick, who would be charged
with French dispatches Nat. Ini.
After what we have published respecting tha in
* teUigrnre brought by the Fame, captain Stone, it
, caflftov be expected that we will permit the preced
. nigatticie to pest without notice.
It bas been our practice, heretofore, to receive
: aneh articWPwhen coming in the shape which this
is presented, with a considerable degree of confidence
in their correctness; but in this rase we do not he
sitate to declare our total dialielief. It is so direct
ly opposedtd some facts, which come within our
own knowledge, end others which w« derive from
' information in which we have aright to place the
ntmoet confidence, that we cannot permit otirsrlv-s
f« be imposed upon, even by the semi-official shape
6, which is assumed. As tfie National Intelligencer has
Stated the date of Mr. Armstrong’s letter to the Se
crelery of State, it is presumable that the infer
niattoo ia fcoin an official source—It is not for us to
: ’Say what Mr. Armstrong has written, whether he
, , . -a ’ w
fecefyee bis government, or the government at
£ tempts to deceive the people, but we do say that
it was not the opinion of Americans in official ehu
taeter m France, when captain Stone left that
y itint there was any hope of at conrunodati- I
the French pmeniment, nr (to use the
dqaiCpc*! language of tbu paragraph w e have qunt>
td) “ that odr affairs with the French government
“ had it that time assumed a more favourable as
“ pert.” Whet wire the circumstances that in
dared this, expectation ? Were any of nnr vessels
cestoid, or was it in the,power of Mr. Armstrong
to piastre
the release of Ins feilow-ritizens from
Frehrb prisons, where they were Jed on bread and
•a^/rr f These indeed would have bc<n substantial
evidences of a more “ favourable aspert.”
In nor paper of Monday lust we noticed the m«n
Mr in tshicii our countrymen und their property
•ere treated in France, and which so far from being
' exaggerat'd,we are assured by those wb» were eye
witnesses, that it is hut a feint outline of the horrid
picture of cruelty and rapariousness. We repent
Uihat we have before stated, that from the inhuman
treatment which the American seamen receive in
' Fiance, they are often ron^cAW to enter on beard
of theFrench pnvuteers, aud moreover that tliis
cinomsUore is known to our minister, through
Mr. Wardle the Consul General, and sometimes by
memorials addressed tiirecuy to the minister.
It matr not bs irrelevant to observe that occasi
onally the crews art not imprisoned. Those who
ore raptured under the Beilin Decree, that is form
ni ng from, or attempting to go tA any British port,
experience the most rigorous treatment; those
>raptur«d under the Milan decree, that is for having
f b«*n visited by a British emitter, are treated with
!«** rigour. In every rase we are assniod that the
British prisoners, officers and men, are treated with
ff°fe respect and humanity than t^j* Americans;
fcfcd ibis is i» obvious, that oar unfortunate coun
trymen haVfebrggcd to be treated as prisoners ol
«w> and not like cttlptitt, tied with cords, and
marched to prison, through the streets of a popti
, lows city.
' * We H»k whatWthe information which gen. Arm
strong b» furnished rtpnn the interesting subject
which bat been just noticed | What information we
*»k, i»» beep furoLbed respecting the proceedings
l|Utivt in American property, which is smt into
the French ports f We are informed, and there ran
mistake in tbit infer malum, that the moment
|bt ifnmi, the American matter and his
40 k^"r*«' sometimes to prison, and
not. Tlit captors instamly strip the
WWtfaiid unlade the cargo, and deposit it in some
jditce unknown to the American master or eny of
pr cjew,*nii. then commence the law
proceedings, which in no case yet have been brought
PftaFywmflftlS conclusion,*
^trosyong^iiew that “ rnr atr.nr* with
til* frenckgoecruiiicnt had assumed 4 more favour
j|ii *** "^tninly did not afford tjij* infor
(nation toTiis countrymen generally.
manuer
-iff wiucb the Fame was restored (jf we m-iy bo. *1
to*«d tons* that term) has teen already stated, and
drt tipwl that.except by a compromise there are
no tape* of getting an; p.irt of Ujepfdperty in the
hattds oftbe French; Vh4 nature and extent of the
jdt>.BWrWtlfc It la obvious .Will vary according to
surely if our affairs with Kruere
i*v.*nrable aspect, no AiLtr.can
doubt, as to tb« wan re and *e
Wpr^rtyiu St. SsWiaos,.
of Janaary
jr " i ipmj Jy‘,i‘; y ' ^ ■'•* *1®*^
Wa#r* daeply Concerned for the state »f affairs in
Spain, as given in tin* dry* paper, (he truth of
which** far as the mtelfigenre gore, there is no
reason to doubt. But we do not infer from this,
that Spain is tultdutd. Whenever the French army
moves in force, it will conquer, end command sub
mission, but where it lV not present, the authority
of the king supported by French arms, is not re
spected. We have nut forgotten the history ol om
own revolution, and the imposing effects which tin
situation of tie B'itish armies often produced in that
country, & which extended to the government ilsell
At one and the same lime the Iliitisti armies ocrop
«d the capitals of the four Southe rn States, and the
only American force that deserved the name of an
army, was that order gen. Green, greatly inferior m
regular force to the smallest of the Briiiau armies ;
yet with that urmy aided by the militia (the people)
he recovered the state of North Carolina, and the
greater part of South Carolina. Unless the Spani
ards are disposed to surrender Cadiz, the French
cannot take ii, while the British have a naval supe
riority in that port ; we do not calculate upon its
being besieged in lorm, but il it should, it will be «
theatre up«m which the rival nations of France and
Great Britain will have ample nouns of measuring
their sword?. The Cortes of Spam, were to assem
ble on the first of March, it was therefore sound po
licy in the Frenfh commanders to press matters
with the utmost vigour, befure that body should as
semble in otd-r to produce a correspondent effect
upon t.i deli bet trions.
Died—On Monday owning 1,-st, at Ins residence
in Nansemmid, Doctor Burch Godwin, in the
31st year of his ago. In the death of this gentle
man society has sustained a real loss — his sterling
integrity and uniform correctness will long be re
membered by an extensive acquaintance—he was
a tender husband, an ud'miouate parent, kind
neighbour, and sincere friend.
What is the mutter at the Custom-Houfkf—It is
report*d that in consequence of the prolute appli
cation ot the “ sin plus lunds oft he United Stales
to tli" constructing of toads and canals, and the cs
tallisbilieiil of pmdii k schools! there is no mo
ney left to pay debentures, and that payment is ac
tually refused at the Custom-House. Any infor
mation upon this subject, and upon the nature, and
extent, and local situation of t' e internal improve
ments winch have bet ii thus etiected by means of
the surplusses ot our revenue will be very accepta
ble. V. S. Gai.
In reply to a paragraph which appeared in the
Gazette of the L olled Slates ot last I riday evening,
we m e authorised to stale, that the suspension in
the payment of debentures wind* has taken plar# at
the custom bouse of this port, is merely of a tem
porary nil are, and has been occasioned by the
gieat and unexpected demands for drawhsi ks aris
ing ou goods (the duties whereupon having previ
ously been paid) become payable in til teen days tf
ter exportation.
The inability of the collector at this inom^ut to
! pay the debentures which are doe, does not proceed
from a deficiency in the public k funds, there being
an adt qoate amount for that purpose in the bank of
the United States, hot having been transferred by
him In thu credit of the United States, is now be
yond his eontmol. lie has Hpplied, however, to
the secretsry of the treasury, for permission to
draw on the- bank of the Doled States, for a sum
equivalent to the demands upon the office, and will
doubtless obtain it in a lew days—It may further
be added, that the duties which will become due in
u short lime, will be amply sufficient tu meet the
engagements of the office.—Aurora.
The way cur Money is spent.
Fn the account of the reretpls and expenditures
of the United States for the year 1808, as stated in
pursuance of the standing order ol the house of re
pies ntalives, and lately printed in folio, there are
various entries under the head of Diplomatic De
part w< nt, Two of them arein these terms —
“ 1808. To Nathan Hairy, hearer ot despatch
es to Fr mee—
July IS. Warrant No. 33.5. § 2,500
To Peter Woodward, being a balance doe
for the freight of the schooner Hope, Na
than Haley's compensation as hearer of
despatches to France, and his own com
pensation for travelling from New-York
to the 4e»t of government—
Nov. 3. Warrant No 6-k», 1,700”
Tlwse rntries are to he found on the 5*>th page ot
the printed statement, and the evidence n»w before
thrpablirk leads to several enquiries. Tbe Nathan
Haley mentioned in the aforesaid account of “ Re
ceipts nnd Expenditures,” is the same Nathan
Haley, who partially ran away with the ship
Hsre, and who is “ reported to have passed thro’
Connecticut, in a style of concealment, towards
the city of Washington, during tbe reign of Presi
dent Jefferson.” Thrre is no reason to doubt, that
the conduct of Haley, respecting the ship Ilure, was
perfectly Well known tn Mr. Jefferson, when he
appointed him the hearer of despatches fo our mi
nister in France, iu consequence of which appoint
ment, he tereived the compensation above mention
ed. The time had not then arrived, when “ our
late excellent chief magistrate,” thought proper to
ask—*• is he honest?”—Mir.
SUPREME COURT. -
FLETCHER) . * ”
i.v ' > , JOHNSON, J.
. pECK )
In litis rase, I
i litis rase, I entertain, ou lifo points. u«|
dUR r»u| from Utatwhir b hua been delivtradj
;v
declare that U state d*e*W
evokmgitk dwo gf&iis- M
IMi
mk
, v-.-.v *
*tw^ i«^i«U>are tin Abridge
lii powers M tiir.s« whifjLWili nl.fttd•it. ¥»'•■
U reftainly correct; but the
rerwiD exteni this . ^ ^
distinction he* between power and interest,'’tl7rTrigh|
of jurisdiction and the rigbf of soil.
The right «•' jurisdiction is essentially connected
*"» °f r»*hrr identified with, tie national sovereign
ly* iu port with it is to commit a specie* of po
litic al suicide. In fact, h power to produce itsown
iitoihilntion it an ahsuriiiiy in terms. It is a pow
er as utteily imommumcahie to a political us to a
ii iiur.it pci mod. lint it is not so with thg interests
or properly of a nation. Its possessions national
ly are in no wise necessary to its political exist
ence ; they are entirely •Tridental, and may be
parted with in every re&peci similarly to those of
.ic.individuals who -coinj ose the romi'iiouity. When
legislature have once conveyed ilieir interest or
property in any suiject to the iiidlviiluul, ttiey have
h.si all conlroul over it—have nothing to a> t upon
—it has passed Irani them—is vested in the indivi
dual—becomes intimately (.leaded with his exist
ence, a« essentially so ns the blood that circulate*
through his system. Hie gnwrumtiit may indeed
demand ol him UieiSuf or the other, nat because
tliey are not his, but because whatever is his is his
country’s.
As to the idea, that the grants of a legislature
muy he void because the legislature are corrupt, it
appears to me to he subject to insuperable ditfkul
tKs. I be acts ol the supreme power of a countiv
must Le consiueied pure for the same reason that all
sovereign acts must tie considered just—because
there is no power that.can declare them otherwise.
I he absurdity in this case would have been stnk
nigly perceived, could the parly who passed the act
ot cession have got again into power and declared
themselves pure, and the iuleimediate Icgislatuie
corrupt.
Tb* security of a people againrt the misconduct
of their ruin a most lie in the frequent recur; ence to
first pr.nnples tend the impostion of adequate con
stitutional restrictions. Nor would it he difficult,
with the same view, tor laws to he framed which
would bring the conduct m individuals under the
review of .ideqo.it- tricnuls, anti make them suf
ter onder the consequences of tiieir own immoral
conduct.
I have thrown out these idea*, that I mav have
it distinctly understood, that my opinion on tins
point is not founded on the provision in the ion, ti
tu.i n of the United Steles relative to laws impair
ing the obligation of cuntraris. It IS much to he
regretted that words ot less tquivoral signification
had not oeeu adopted in that article of the ronstd u
tion. There is reason to believe, from the letters
ol 1’uhlius, « hieb are well known to be entitled to
the highest respect, that the object of the conven
tion iv is to afford a general protection to individual
rights against the acts of the state legishltUi cs.—
Whether the words “ acts impairing the obligation
of contracts, can he construed to have the same
force as must have been given to the words, •* obli
gation aud tjf'rct of contractsis the difficulty in
tny mind.
There can he no solid objection to adopting the
technical definition ol the word, “ contract," given
by BUrkstone. 1 he etymology, the rlaslral signi
fication and the civil law idea of li e word will all
support it. But the difficulty arises on the word,
" obligation," which certainly imports an existing
moral of physical net essity. Now a grant or con
veyance hy no means necessarily implies the conti
nuance of an obligation beyond the moment of exe
cuting it. It is, most generally, hut tiie cnnsoifna
tion of a contract, is functus officio the mom. nt it
is executed, and continues aftervvaids to be nothing
mure than the evidence that a certain act was done. ;
I enter with great hesitation upon this question, j
because it nnffilves a subject of the greatest diiica
cy und much difficulty. The states and the Uirted
Slates are conluiuatty legislating on the subj-c l of
contracts, prescribing the mode o! authentication,
the time within which soils shall be prosecuted for
them, in many cares affecting existing cnntra< ls by
the laws which they pass, and declaring them to
cense or lose their effect lor want ol rim,, Iiance, in
the parties, with such statutory provisions. All
these arts appear to he within the most correct li
mits of legislative pawers and most beneficially ex
ercised, and certainly could not have h en intended
to he affected by this constitutional provision ; yet
wni.'fe to draw (lie line, or bow to define or limit
the worsts, “ oUigalinn of contracts,” v. ill be found
a subject of extreme difficulty.
To give it the general effert of a restriction of
the state powers in favour of private rights is cer
tainly going very fur beyond the obvious airl neces
sary import of the words, and would operate to re
strict the states ill the exercise of that right which
every community must exercise of possessing itself
of the property of the individual, when necessary
lor pui'iic uses, a right whir h a magnanimous and
just government will never exercise without amply
indemnitying the individual, end which perhaps a
mounts lit nothing more than a power to oblige
him to sell and convey, when the public necessities
require it,
The other point, <ro which I dissent from the o
pinion of the court, is relative to the judgment
which ought lu be given on the first count. Upon
that count we ere railed upon substantially to de
cide, “ that the state of Georgia, at the time of
passmg the art of cession, were legally seized, iu fee,
the soil (then reded) subject only to the extinguish
ment of part of the Indian title.” That is, that the
state of Georgia was seized of on estate in fee-sim
ple in the lands ui question, subject to another es
tate, we know not what, nor whether it may not
•wallow op the whole estate derided to cxist.io
Geoigia. It wputd seem that the oicre vagueness
and uncertainty of this covenant w.-iuld be a suffici
ent objection to deriding in favour of it, bin to me
it appears that the facts in the race are sufficient to
support.the opinion that tHe stale of Georgia had
not «fee simple in the land in question,
This it a question of tuurh delicacy, and more
fitted for n diplomatic^ or legislative.than a judi
cial inquiry. But lain called upon to m«ke a, de
cision and 1 most drake it epbu technical priuci
-pled.' 1‘' Y V' ; ' r
The question is whether it can be correctly predi
aartMfd of M|Sl interest or estate which the state of
■pjrgtn l^hcte lauds, “ that ills stats was
seised thereof fet W
To me it spp#ir* lhanBe interests of Georgia in
tkaa a mere
l«i>*%«d<jrMi aeoreminito icnu^y^li - -a
Mund seised lojntt*. f
T!«. cerfeelb*** of this opinion witldtfftalfcpM
* ^o»; view *>T tht stateofdw Indian nation!** This
vr.«l be found to he very **riout. Si>.t,eh«,e loul
15 W»Htgmsi>*d their thKHral Cre, and sdbtnKted
themselves to tbs Uw.trftfc* Miter; otfcipri haVe' by*
treaty, acknowledged .(bat they liold their n. a local
rtusteuce at the uill of lb* state within which they
reside; other* retain a Willed sovereignty aid the
ai.soluie proprietorship of IheiwiSoil. The latter, is
the rate u! the tribes to the west of Georgia. Wv
legislate upon the conduct of strangers or otijens
witlioi their limits, but innumerable tiheties fbrhicd
with them acknowledge them to be an independent
people, and the uniform practice of acknowledging
tlieir right of soil, by pore hating from them and re- '
straining all persons front encioaching upon their
territory, makes it unnecessary to insist upon their
rigt.i cl soil. Cun, then, one nation be laid to be
st ilted of a fee simple in l ands, the right of, .Soil u£
wneh is in another nation ? It is awkward to up.
ply the let htiirui idea of a fee simple to the inte
rests of a nation; hut I must consider an ubsututa
right to soil us an estate to them and? thnir heirs.'
A :t e simple estate may be held in reversion, hut
our law will not admit the ide>. of its being limited
alter a fee simple. In fact, if the Indian nations
he the ubsolnte proprietors of their soil no other na
tion can be said to have the same interest in it.
What, tlon, prartirollj, is the interest of tire status
in the soil of the Indians within their boundaries k. '
Unaffected by, particular treaties, it rs nothing more-'
than was assumed at the first settlement ol this
country, to wit, a right of conquest or of purchase,
exclusively of all competitors within certain defin
ed limits. All the restrictions upon the right of
soil in the Indians, amount only to au exclusion of
an competitors iiom theu markets. and tbe liinita
lion upon their sovereignty amuuuts to the right of
coveruing every person within their limits except
themselves, If the interest in Georgia was nothing
more than a pre-emptive right, how could that ha
called a fee simple, which was nothing more than a
power to acquire a fee simple by purchase, when tl'a
proprietors should he pleased to sell f And if this
ever was any thing more than a mere possibility, it"
terlatuly was reduced to that state when the stata
of Georgia ceded to the United States, by the coa
stitutmn, both the power ol pre-emption and of raw*
qm.sl, riKtsnnj tor itself, only a resulting right de
pendent on a purchase or conquest to he .mads by
the United Si> les.
1 uav • been very unwilling to proceed to the de
cision of this cause i.t all. It appears -to met*
hear strung evidence, upon the face of it, of being
<* mere IrigBed ease. It is nur duty to decide on tb»
rights, but not on the speculations of parties. My
ron.'hb nee, however, in the respectable gentl-men
who have teen engaged for the parties, has induced
me to abandon my sciuplesiu the belief that they
would never consent to impose a mere feigned case
upon this court.
Fr m the F •stun Centinel.
English editous vs. English epitoes.
The nudities of the London paragraphfsts on
American affairs have frequently been quoted as
orthodoxy in politics, when they happen to agree
with the administration crudities here. Whoever
will altentivt ly peio:e a series ol London papers, will
find them ies as wild, and their information as rir
lumscribed, as the papers of any other country.—^
As an “ offset” for the lexis of the “ Times,” so of
ten quoted, we give the following article from thy
Luncon “ Political Register,” of Jan. 6, 1810:
The Ameri-au Question Considered.
“ Why should lie treat t*
Sin,
One of the American newspapers, under the im
mediate lufiucnre and direction of the government
of that country, after applauding the rondort of Mr.
Madison in refusing to receive any further commu
nication from Air. Jackson, has the following para
graph “ If a treaty were formed with Grelfli
Britain, w hat pledge w ill the give to os for its faith?
ful observance ? Will she deliver us up the islsnd
of Jamaica end Canada as a pledge for their faith
ful intentions? Will she give up to us fifty sail 0f
the line .for sale keeping, for its due peiformance ;
or will she reduce hei navy to its pristine insignifi
cance ? No, she will not. Thtn why should vra
treat ?
Without mafe d« any comments upon the modest
nature of ihe propotitiohs here suggested. Ifchall
confine myself loth* question put; and offer a few
reasons, which present ti etnselveg to inv mind, why
America should treat with G. Britain. * -
She should treat, Lemuse the system of policy
which she hall lately pursued, of suspending her
commerce, the great source of her ri venue, has ex
hausted her treasury,' and Consequently left her with*
out the means of carrying on war. ' *
She should treat, that sire may not he driven tt
the desperate neei siity of attempting to raise a re
venue by internal taxation ; u system at all time*
highly unpopular in America, and in the present
state of that country, while her merchants hr*
without commerce, and her landholders without
a maiket for their produce, not only obnoxious hilt
impracticable.
She should treat, that she may regain that rntri
nwee which she formerly enjoyed ; which gavebet
the carrying trade of ahnrst all the world, ando
pened arypnbounded circulation to $be produce of
her soil.
Sire should treat, lest she should open the eyes of
Great Britain, and lit her See that she is indepen*
dent of America, either to talcs oil her manufcrturlL
or to supply her West India lohmies. u -
$he should treat, (hat she may share in Ihoew
advantages which the oppro*i< hinjpep,Trh of tb*in
dcpendence of South America now offer* to rom
mi rrial nations; hut in whieli, if 3he pursues her
present inimical line of conduct both towards Spain
euti C*. Britain, she cannot hope to participate.
She should treat, lest the resentments of a sutt'f*
ing and abustdueople should tie rousid, aaJPfevef
tarn a governiltfbt-w hieh sacrifices iheii AnophifS* «
and their interests, to »ninv*u rate p: ej> «f»>-«a^amsit *?
G. Britain, and a slavish subserviency ti» if'
franc*. . -
But this question applies in both ; ftdV*
may also a*lir ** why should . mhtf
. readily tak*uj> this side of toe. putting
it negativelyj; and giving Ttmtmtl*• wfcV Wc should
ioqt treat.-;.,y ; t. 7= ; **
r* We.shm.U90t E-ec«i s« \<tuv>HlMi
| that she *£! a«t-tm^*i*U-. t#
>'