Norfolk gazette and publick ledger — Norfolk [Va.], 1810-01-23 00:00:00, page 2

'MZTSEg
Tuesday
0 Th* report of tbejddroinift** 0 (ho boose of Ds
kgite* of this >tat« on the Fepnslyvania proposed
amendment (as it it ridiculously called) to i ha con
stitutian, having for its object nothing less than
|he annihilation of tba federal judiciary, wtllbe read
yrith satisfaction, hy evety real friend of rational
government. It gves ns infinite pleasure In fijid »
stand made in nor native state, against the wild pro
jects of ignorant or selfish innovators, in the garb
Of republican simplicity. An independent and en
lightened judiciary, is important to liberty and pros
perity, that we would cling to it as tba ark of our
political safety.
' It is astonishing to hear the outcry that it raised
about the capture of lb* ship Rebecca, of Haiti
tnore. The commerce of our country has already
been exposed to great injury from the rupidity of
some of our merchants in covering belligerent pro
perty, and forcing a trade with places, and under
circumstances, that the laws of nations cannot
Warrant. Th* Rebecca went from Batavia to Ja
pan, and was to return from Japan to Batavia.—
Now unless the Rebecca went under different rir
cumUjpces from any other ve«se! that has gone be
for* Wnt ws arc confident in affirming, thst the
bargb wee {ox the account of the Dutch East India
Company, that sha^jad a Dutch commander on
board; that she entered at Japan as a Dutch ship,
and that while there, she hoisted Dutch colours con
stantly, »n<f no other colours.
It was well ohserved hy Mr. John Randolph that
the geest deiTionlties toour commerce arose from our
cupidity; thatwhileemployed in transporting our
_:_I..*,, mm »vn*rirnred little or no illlcrroD
lion. We can prove from record thatlhe belligerent
spoliations npnn fifteen million* of property, en
sured m one office, have not amounted to two
tent. an«f for no other reason than because nineteen
parts In twenty of the amount was on vessels laden
with nor native productions, and their cargoes.
Our tenders will not pass withent notice the con
duct of the Ft«nch government towards American
commerce at Naples, in which there is more the
conduct of n peity jobber, thon the bold usurper;
bat the FonttmBfkkDrcrre >n Decree No. 4, fur
nishes addittonSPfenre of the respect which the
Corsican pavs to our inteiests and our rights. It is
against the United States principally, that this de
cree is directed. By it, our merchants are forbid
to transport their property from the dominions of
Denmark to Hamburg, both governments nominalIt/
independent' of France. The high road from To
»ingen to Hamburg, is forbidden, by him wbo prates
through bis partisans, about the high road on the
•cent),,M<1 " the liberty of the seas *
By tms decree the immense value in property,
which our merrhunls hold in colonial produce is
greatly depreciated, if means were not found to
evade the vigilance of the French custom-house of
ficers, would be reduced one half. So it it, that
the prppei ty which our merchants have acquired,
must not be landed on the continent of Europe.—
last Napoleon do ns he pleases with his own domi
nions, but whst right has he to forbid us to trade
with nations who are willing to trade with us ? Den
mark does not forbid us to go tu Tonningrn, nor
do*a the Senate of Hamburgh refuse permission to
purchase the goods our merchants send to Tonnin
gen, and other ports of Denmark ; then how can
th* French emperour inteifcref The truth is, that
‘Napoleon has determined that we shall hi c unt pat
ties in his system against Grrai-Britain, (by which
we maV lose much and gain nothing,) or be will
restrain and direct us according to his good plea
sure. And yet there are those, who call him the
asserter of maritime rights ! Ilsd he but the power
on llte: ocean that he has on the land, then indeed
^pe should understand what is meant by the “ liber
ty of the seas,” as Holland, Switzerland, and all
continental Guropa understand, is meant by nation
al-independence.
« Macon's Bill, is still before the House of
Representatives, where we are assared it will pass,
although every attempt will be made to prorrasti
Bate,the final question. In the senate it will be op
posed, and its fate in that house is very problemati
cal. The object of those who oppose the bill, is to
gain time,'until they can hear from England, to
know hoi* the dismissal of Mr. Jackson will be re
«eived in that country. This is exactly the course
Which the ruling party have been pursuing for
years. t$Xtar have no system of their ow n, but wait
dor the measures uf Other natrons, instead of laying
down a system of national policy, and adhering to
it, they embrace a system one session of congress
which they are compelled to abandon the next. If
ibe people were repreeented by men who understood
the interest# of the nation, w« should not be exposed
|o the contempt and ridicule of the world.' At this
moment tie have, ip appearance, two important
laws, the non-intercourse and oothimponation ;
botb.of tMrirk are generally e nnsidered at dead Jet
5 ^ ie well ascertained that those whose
ace the law* executed (to not believe those
in fdrre. Without taking any
i°yj
w/ those laws, we feel mortified
uHK
and glurioM right of rtfnu*
•MStd by wh*cannot make lawt to
answef ilwir intended object. W# deplore thalfta-,
tal delation, which prefart ignorance to wiadom,
the mischiefs of which we every day experience,
ipd may anticipate other evils of tl^l greater nag
nitudr.
[communicated,]
Died—In Nantemond County, on the Hih in
itial after a short illness, Mrs. Clotilda God
win. The death of this amiable lady will be la
mented by all who bad the pleasure of her arquain
tance.
VIRGINIA LEGISLATURE.
Extract from the Journal* of the Haute of De
legatet.
Thursday, Jan. 11.
Mr. Thompiou from the committee appointed
on the part of tins house to examine jointly with
a committee from the senate the trrasuiei’s ac
counts for the last year, made the billowing re
pm t :
The joint committee of both houses having, ac
cording to order, examined the treasurer’s -accounts, i
Irocn thejirit day of J tnuary to the 31st day ol Lie- j
cember, 180.0, inclusive, find that, at the last .set
tlement of hit accounts, on the 3 1st day of Decem
ber 1,808, there remained in the treasury a balnice
of one hundred furty one thousand, three hundred
and ninety-one dollars twenty rents ; since which
lime the treasurer has received, on publick account,
the following sums, ru :
On account of the revenue tax of
17*82 $ 500
1784 571 50
17.90 4()3 44
1797 *20
1800 34*» 44
1801 171 36
180.1 527 74
1805 1,6'99 29
180() 4,555 65
1807 *1.3.92 94
1808 25
1809 *41,308 91
From Clerks of courts, 20;217 58
D i. inspectors of tobacco, 13,9(i0 49
On account of the purchase of un
* appropriated land, 6l3 76
From sondiy persons for the redemp
tion of their land returned lor the
non-payment of liie taxes, 1,845 38
Front sundry persons on divsrs ac
counts. 1(1.056 AS
On account of militia fines, 3.778 35
From Penitential; agmts, 6.973 3f)
Du. the Register of the Laud-Office, 2.0/6 55
R.-nk of Virginia, 14,4>)0
Certificate tax of 1785, 6l 87
Making in the whole, with the said
balance remaining on the said
31st day of December 1808, tbe
sum "f jg 497,053 29
Tli« committee farther find, that the treasure! in
the period aforesaid has disbursed and admitted in
discount, according to law, the following sums,
vi*.
Expenses of the General Assembly*
S 56,718 67
Criminal prosecutions and guards,
24,133 10
OfTirers of government,
66,539 1 1
Do. of militia,
5,061 84
Interest on tbe puhlick debt,
5,42.9 23
Commissioners ol ibe revenue,
12.708 40
Contingent fund,
13,620 41
Manufactory of arms,
573 17
Making arms, including officers’ sa
laries,
55,831 42
Slaves executed and transported,
5,566 67
Richmond puhlick guard,
6,901 87
Pensioners,
4 203 90
Foundary and boring mill,
8,808 21
Penitentiary expenses, including offi
reis’ salaries,
16,752 87
District court clerks,
1,801 08
Publii k warehouses and inspectors'
salaries,
2,997 25
Expense of ^presentation to con
419 96
gress,
Militia fine fund,
2,728 57
Open.ng a road in the county of
Kenau ha,
7 99
Election ol President and Vice-Pre
sident,
94 51
Hormty on woolf scalps
781 H
Lutt’ilick Hospital
4,300
Circuit coort clerks
2,175 88
Waprunts not provided for
1,032 59
Surveyor of the falls of James River
76
Instalment of state shares in the Rank 30,000
operjai am ni assrmoiy
ly.auu 12
Certificates discounted
1,100 32
S 340,716’ 19
Leaving on the 31st day of December
1809, a balance in favor of lha
treasury of 146,337 10
And the committee having compared -the war
rants and receipts in the treasurer’s office, and leav
ing foand them to correspond with tha differ
ent entries in his books, have destroyed them ;
And the committee having also examined tha re
gister of public debts since the last settlement of
the treasurer’s accounts, find that he has renewed
certificates thereof from number 397 to number
422 inclusive, and find the interest thereon to have
been correctly calculated.
On motion, Ordered, That the said report and
account be laid upon the table.
Mr. Peyton, from tha rommiltaa to whom was
referred that part of the gnvernour’s communicati
on which relates to the amendment proposed by the
state of Pennsylvania to the constitution of the U
niled Stales, made the following repart:
Tha committee to whom was referred the com
munication of the governor af Pennsylvania, cov
ering certain resolutions of the legislature of that
state, proposing an amendment to the constitution
of tha United States, by tha appointment of ati
impartial tribunal to decidedisputes between the
State and federal judicial^, Wmt had ih« same under
their consideration, and arc*of Ipiiina that a tri
bunal is already provided by the consuietion of the
United States, to wit: the supreme court, nufre
euiiasntttihttaUhed from their habit* and duties, {
fr«m tb# mode *f their .stiff tioii, and from the
tenure of their offices,'to decide the disputes afore
s«1d, in an enlightened and impartial manner, than
any other tribunal which cnuid be created.
The members »f the supreme court are aelected
from those in the United States who are most ce
lebrated for virtue and legal learning, not at the
will of a single individual, but by the concurrent
wishes sf the president and senate of the United
States; they will therefore have no local prejudices
and partialities. 1 he duties they have to perforin
lead* them necessarily to the most enlarged and ac
curate acquaintance with the jurisdiction of the fe
deral and several state courts together, and with
the admirable symmetry of our government. The
tenure of their offices enables them to pronounce
the sound and correct opinions they may have form
ed, without fear, favour or partiality.
The amendment to the constitution proposed by
Pennsylvania seems to he founded upon the idea that
the led' r.tl judiciary will, from a lust *>( power,
enlarge their judiciary to the total annihilation sf
the jurisdiction the state courts, that they will
exercise thnr will instead of the law and the con
ttilutinn.
This argument if it proves any thing, would ope
rate more strongly against the tribunal proposed to
he created which pr unites so litllp, than against
the supreme court, whic h for the. reasons given be
fore, have every thing connected with their ap
pointment calrul-tted to ensure confidence. What
security have we, w> rt the proposed amendment a
dopted, that this iribiuv 1 would not substitute their
will and their plrafure in place of the lax * The ju
diciary are ti e weakest of the three departments
ot government, and least dangerous to the political
rights'of the constitution; ih-v hold neither the
purte n>>r the tuoril, and even to enforce their
urn judgments and decrees must uiuiiiHtely de
pend upon the executive arm. Should the fede
ml judiciary however, unmindful of their weakness,
pumindliil of the duty which they owe to them
seives and their country, become corrupt and Iran
slum nit: minis uj inrir juiisuictlon ; would me
proposed amendment oppose even a probable bar
rier insurh an improbable state of thiugs ?
The creation ol a tribunal such as is.proposed by
Pennsylvania, so far as we are envied to form an
idea of lllromtl.f description-iv.n in the resoluti
ons nl the legislature ol that state, would in the o
pimon ofyrtur ronniiiltee, tend r.ther to invite than
prevent a collision between the federal and slate
courls. It might also become in process of time,
a serious and dangerous embarrassment to the ope
rations of the general government :
Resolved therelore, That the legislature of this
state do disapprove of the amendment to the con
stitution of the United Slates proposed by the le
gislature of Pennsylvania.
Resolved also, lh.it bis excellency the governour
be, end is hereby requested to transmit forthwith
a copy of the foregoing preamble and resolutions
to each of the senators and representatives of this
state in congress, and to the executive of the seve
ral states in the union, with a request that the
same bs laid before the legislatures thereof.
The said resolutions being read a second time,
were, on motion, ordered to be referred to a com
mittee of the whole huuse on the state of the com
monwealth.
New York, January 12—13.
Federal Go’perr.pur.— A general and very nume
rous m< rung nt the citizens of Albany on the 5th
insl ml, for the pui pose of nominating a candidate
for tlie office ol governor of this state, at the ensu
mg general elertion. At this meeting, JONAS
PLATT, esq. of Oneida county, was proposed, and
recommended to be supported at the ensuing electi
on, for the goveinour ol the state ot New York.
Yesterday morning commodore Regers lelt the
Constitution lor Washington, on which occasion
thsglrig.ile tired a salute.
Captain Chauncey, and other gentlemen of the
navy preceded the commodore. It seems that all
the leading officers of the navy have been ordered
to the seat of government, where, it is said, a plan
s to he arranged lor the enforcement of measures a
bout In be adopted by government.
We learn by the brig Ilolk«r, that Brown the
late collector of New Oilcans, was with his 150,000
dollars, landed at Montego Bay, Jamaica. The
Felucca iii which he nude his escape, was, when
on her passage from Montego Bay to Falmouth,
captured by the vessel sent in pursuit of Blown, Bnd
brought back to New Orleans before the Holkar
sailed.
Further particulars respecting Brown :
The Felucca Kiogaton, in which Brown went off,
was taken by gun vessel No. 65, (commanded by
Mr. William Carter! a few hours alter she had
ltnded Brown al Montego Bay, Mr. Carter put a
prize master on board and sent her for this place
—she is bow at English Turn. Watson the cap
lain was taken onboard No.65,and promised to con
duct Mr. Carter to tba*spot where he landed Brown
and his money, and there is little doubt we shall
see him here in a tew days. D. PORTER.
LATEST FOREIGN NEWS.
From Spain.—The news of the battle near Mad
rid, and the setting firs to that city, as stated ye
sterday by an arrival fram Lisbon, is not confirmed
by the Concord, in a shorter passage from Cadiz.
Letters Iram Calcutta, of lire 20lh of September,
mention, that the rainy season bad set in with such
violence, that the Ganges had overflown and swept
off whole villages, and destroyed the crops of indigo
in several districts.
(COPY.)
Naples, Nbv. 12.
■Menrt. Mint urn and Champlain,
“ Gentle sits—We had the pleasure to address
yau our advices in August last, per. seb'r Kite, since
which no direct conveyance has till now, oflerrd for
the United States. Our most essential communi
cation at that time, was a resolve ol bis Neaapoli
tan majesty, dated 1st July, by which he gianted
free admission into the ports of his kingdom, to all
American vessels which should arrive with direct
clearances, with certificates of the origin of their
cargoes, and which thould no t be found to come un
der the Berlin and Milan decreet of the French em
peror. Wir hinted to you at the same time, that we
were apprehensive, that notwithstanding this reso
lution, the situation of this port woulu be more or
lass affected- by tire course of the negotiation be
tween the United Stole* and France, and we an
j now sorry to inlhrni you, that these our apyepben
stuns are gow verified. Sines the departure of the
■m
J<&***. we tiftve bad here the follow-in* America*
vessels : - * ^
Sfh’jr Hamilton, JBrown, from Tunis, with Java
coffee and sugar. • ■ '
Ship Hercules, Wett, from Sal*-m, with an assort
ed cargo of colonial prodocy
Thip Augusta, Moore, fresu HulUmor&Mb cocoa
and a little cofee. jf
Sel.'r Zephyr, Morpby, and brig Sophia, Caimaa.
from rums, with assorted cargoes.
These vessels presented oa their arrival their pa
pers, met with na obtsacle to their unloading, and
were proceeding in security in the stransactioa of
their business under sanction of the above resolution,
of his majesty, when unexpectidly a communication
was received trmn government at the custom house
to admit their cargoes, but not to suffer thsm to ba
expedited from thence till further orders, putting
them thus under provisional sequestration. 3
All possible reclamations having since been made
but without being able to obtain from the persons
in office a decisive answer or assurance as to ti>e
restitution of these cargoes, except that applicati
ons to re-export them have been attempted todear
out the vessels either in ballast or with return car
goes, which latter would in all probability Hava
been permitted, the government wishing tofacilitata
the exportation of the country. Bui it appears the
supercargo of the Augusta (Mr. Hammett, who has
been appointed to this consulate,) has in the mean
ume come forward and given bond for the value of
the vessel, whereby he has obtained at length a-par
nal permission for her to sail. The government
now desires to know, what other vessels wish to
depart on the same terms, tu which none of the o
ther supercargoes are as yet disposed to subject
themselves. This is the present situation of our
port as it regards your commerce. What tbt re
suit may eventually be it is impossible to foretell
lu ull probability it uill depend chiefly on vihat vou ’r
government uill arrange uita France. To judaw
irom hie official letter of M. de Champagny to gen
Armstrong, in date of the 2‘2d August, (to which
mme than usual publicity has been givjaj it would
appear that the emverour reishet tu rr/tBL — .r.
United States, an active part toward theTarrying in~
tv. ej}\ cMiis system against England. Your govern
ment will ol courie pursue that path which accurdn
with the honour and interest of the country. In
the mean time it seems that judgment i>n the many
American prize* which have been brought into th»
ports, suhjert to French influence, ha* heeu post
poned, and in fact tne brig Caroline and »eh’r Sha
dow, which we mentioned to you in our last uia
still wailing their fate.
Quintuple Alliance.
That the people ot the United States may be ap.
prised of the fatal consequenres that must inevita
bly flow from our becoming a party to this allianr*
(which is stated to he the object of the negotiation*
now going on in France and Russia, commenced by
Mr. Jefferson and continued by Mr. Madison)
publish the following -.ctract from the king of En®
land’s declaration, in answer to that of the emperon
ol Russia, m 1807. N.Y.Guz.
“ ll wlil never he endured by his majesty that a
ny government shall indemnify itself for the humilia
tion of subserviency to France, by the adaption of an
insulting and peremptory tone towards Great Britain.
Ihs majesty proclaims anqw th teprinciples of ma
ritime law ag-rinst which the armed neutrality under
the auspices of the empress C. tharine was original
ly directed, and against which the present hostili
ties ol Russia are denounced. Those principle*
have been recognized and acted upon in the best pe
riods of the history of Europe, and a-led upon 'by
no power with more strictness and severity than by
Russia herself, in the leignof the empress Catharine.
These principles it is the right and duty of his ma
jesty to maintain : and against every confederacy hia
majesty is determined under the blessi. gs of Daina
Providence to maintain them. They have at all
turn s contributed essentially to the support of ths
maritime power ol Great Britain; but they are be
come incalculably more valuible and important at
a period when the mrritima power of Great Britain
continues the sole remaining bulwark against the o
verwhelming usurpation of Fiance ; the only refugn
to which other nations may yet resort, in happier
times for assistance and protection.”
Lookout—It appears that the ship Rsbecca. be
longing in general Smith aud Buchannan, has been
raptared for being in the employ of the Dutch Ernst
India Company : carrying on a trade between Bata
via and Japan—a trade that it permitted to no a*,
lion but the Dutch, and to them only on tbe con
dition, that they who navigate the vessel shall on
their arrival at Japan trample an the Cross. Thia
ship it is said, sailed from Baltimore just in time to
escape Mr. Jefferson's embargo. She tailed under
American, but sbe was raptured under Dutch co
lours, and one of her owners it the patriot who
loudly exclaims against ibe prostitution of our flag,
N. Y. E. Post.
January 15.
Late from Spam.—The Whampoa left Cadi* the
9th of December. Capt. De Coven informs, that
a great battle bad lately been fungbt in Laman^it
nfftir Carolina, between a French division under
Ney, of about 20,000 men, and a Spanish army of
50,000. It is said the latter'were completely rout
ed. On tba Spanish army re assembling three days
after tbe battle, only about 40,000 could be mus
tered.
An executive government of six members, had
been formed at Seville ; tbe bisboplof Laodirea was
the president. A decree bad been passed for put
ting under arms, between 2 and 300,000 men.
One uf tbe passengers, wb* left Gibraltar on tha
first of December, informs that a reinforcement of
7000 men were expected theie from Lisbon, to gar
rison Cueta, ths islands of Minorca and Majorca,
andlvicba. It was also said, that in case o! ne
cessity, the Junta of Spain was to retire to Ceuta.
It was known at Gibraltar, that part of the Toulu*
squadron had been destroyed by admiral Colling
Pood; and that the other part had get hack ta
aulon.
Sir Alexander Ball, govtrnour of Malta, died ia
November last.
V\e learn from an intelfigeut passenger in the Ca
milla, .rdteLadie, that Gerona had ht last tallea
to the FreSeti, after having undergone a siege ia
which the iahabiu-nts experienced unparalled de
orjvtitinns, aruSttUcnisbiog lurtilude end enure**,
M»U«J by Stfegossa or any oilier piece. °
as reporter that the marqnis Romans bad