Norfolk gazette and publick ledger — Norfolk [Va.], 1810-04-06 00:00:00, page 3

wV’-kF
iiitwtta
• fliiSP
a«Mi£pitin, ig
of 1_ {
"~%*f Great Bri
creating four new eoln
, j.Wrtit Florid* ami Gre
nada, apri prescribing the imunds of each, and fttr
thefrNManDg that nil th« Ijnrfs Icv. rr, the Alla
timhit and St. ftfarjr's should bcunoesrd to Georgia.
The tame proclamation cootuined a clause reserv
ing, voder the dominion an i protection of the c rown,
for the a^e of the Indians, all the Loris on the west
ern waters, and fohidding a settlement on them, or
a purchase of them from the Indians. The lands
conveyed to (be plaintiff lie on the western waters.
That, in November 1763, a commission was is
sued to the Governour oi Georgia, ill which lire
boundaries of that province are described as extend
ing westward to the. Mississippi. A commission
describing boundaries of the same extent, was after
wards granted in 17 6t.
That a war broke oat between Great Britain and
her colonies, .which .terminated in a Meaty of peace
acknowledging them as sovereign and independent
States.
ltmt. • April 1787, a convention was entered
into between the states of South Carolina and Geor
gia fettling tbe boundary line between them.
The jury after waids describe the situation of the
lands mentioned in the plaintiff’s declaration, in
such manner that their laying within the limits of
Georgia, as defined in the proclamation „( 1795, in
iheJjjyaty of peace and the convention between that
.Stale and South Carolina, has uol been questioned.
The counsel for the plaintiffs rest their argument
•n a single proposition. They contend that the re
servation for the use of the Imfiitos, contained in
the proclamation of 1753, excepts the lands on the
•western waters from the colonies within whose
Imuudi they would otherwise have been, and that
-they were acquired by the revolutionary war. All
.acquisitions during tbe war, it is contend' d, were
made by the joint arms, for th? joint benefit of the
.United States, and not for the benefit of any parti
cular state.
Tbeicourt does not understand the procl amation
-as it is understood by tbe < ounsel for the plaintiffs.
The reservation for the ose of the Indians appeals
to be a temporary arrangement suspending, for a
tune, the settlement t)f the roimtiy reserved, and
the powers of the/oval governor within the territo
ry reserved, but is not conceived to amount to an
alteration of the boundaries of the colony. If the
language of the pioclaoMtiiKt he, in itself, doubtful,
the- commissions subsequent thereto, which wtr«
given to the governors of Georgia, entirely remove
tbe doubt.
The question, whether the vacant lands within
the United States became a joint property, or be
' longed to the separate States, was a momentous
question which, ai *•«•' lime, threatened to shake
the American confederacy to its foundation. This
Important and dangerous contest has been compro
mised, and tbe compromise is not now to be dis
turbed.
It is the opinion of the court that the particular
land stated in the declaration appears from this spe
ci&l verdict, to lit* within the state of Georgia, and
fhat the state nf Georgia had power to grant it.
Some difficulty was produced !<y the language of
- the covenant and of the pleadings. It has been
doubted whether » state can be seized in fee of binds
subject to the Indian title, and whether a decision,
that they were seized in fee, might hot be construed
to amount to a decision that tlieir grantee might
tnuiptsrin an ejectment for them, notwithstanding
that title.
The majority of the court is of opinion that the
psture of the Indian title, which i.-i certainly to be
Inspected by all courts uolil it he legitimately ex.
, tinguished, is nut such as to he ohs>d<iiely repug
nant to Seizin io fee on the part of tbe stale—Jtnfg
0unt affirmtd witk tosh.
Congress of the United States.
HOUSE OF REPRESENTATIVES.
Thursday* Mart h C9.
BANK OP THli UNITED STATES.
Btr. Taylor said it would i>e recollected that sere
.-raUrojeet* oa the subject of the B.nk of the United
KtaBshad been offered daring the present session,
tome to this house, and one to the senate, in the form
ofjt bin now laid on the tables of die members_
Some days ago (said Mr. T.) one of the plans for
constituting or raising a bank of tlie United StHtes
.which htd been committed to a committee of the whole
house, was by the original proper remorrd from
the committee of the whole house and referred to a
•elect committee. He said lie believed it all impor
tant to the nation that the project which should he
the most advantageoos should be presented to the de
cision of the house ; other projects were now per
haps ina train for being offered in detail—and it
would probably be found that the renewal of the
charter of the Bank of the United States would be
the most advantageous course—he would not now
express an opinion one way or the oilier, but rose
far the purpose of advocating fur play by giving the
houses choice cf plans. With that view, and to
give all the proposed plans an equal chance, lie
moved that the committee of the whole should be
discharged from tlie further consideration of the re.
port of the committee of the memorial on the stock
holders ef the Bank of the U. States, and to refer it
to a select committee with a view to report a bill.
The question on discharging the committee of the
Whole from the report was carried without a division.
On the question to refer the report to a select com
mittee,
Mr. Love supported the motion, because he felt
S convinced the noose would with difficulty *'
ever
if the discussion com
come to a decision on a plan,
ad-on a resolution, and
was afterwards to be
italon a bill.
repeat
—.l. Bassett was opposed to the reference. He
Mr1.
• thought the iir.use ought to try the question on prin
“uipie before they entered into any details.
ST' Bfr. Tayfer said his oniy object was fair piay. The
p aenate would with their bin anticipate the house;
And though their plan might not be ilearned the best,
the rerndar troops had before now defeated the mili
tia ammight again. He only asked the same indul
ji . ' ■■is""*, us umy »uu hic same uiuui
icelshad “1‘ J *— «**
•Jgence is had been accorded to the preposition of the
fttCBtlcman from Virginia (Mr. Love) ««»d,ym ago.
P* Mr.' Gholson thought this reference would ope
rate as a delay ; for if a discussion of any bill on
the sabjact of « Bank was pressed, the hoose would
be told the subject was yet before a committee and
ghatthrX aught tw wait for ka repnrr.
Mr. Quincy itiu in favour of a commitment.
Mn jLove said he had moved the reference of his
proposition to a select committee becausue tie brliev
* tt Woutf bq£raciK*U» » repeat • tjiA which
■f®
%
'stitaftHit (ti&ci
poilttnn, «inS whic
the detail* <*f t bill,
not apply to *
litibn fur a nation 4
bank, tor till its features went presented in detail, the
objections to it could not be known.
Mi « Pitkin was fur commitment. He wished to
see Uie conditions o» which the charter was to be
continued. He did not say what all the conditions
should be, but one must be, in his opinion, that the
individuals should pay a handsome sum into the pCb
bck treasury i that the United States should have
the benefit of the renewal, and that it should not lie
pot into the pockets of individuals. His vhte might
be governed by the. sum to be gtven, and therefore
he wished to see the plan in detail.
Mr. Gold expatiated an the inconvenience which
would result from a double discussion, first on a re
solution and then on a brtl. He did not conceive with
Mr. I.ove, that the question would be on a simple re
newal of the present charter of the bonk of the U
nited States, but that an extensive revision and mo
dification of the former system was contemplated.
It was indispensible that the subject should be pre
sented as much in detail a» possible. The house
would not at all commit itself by voting for this mo
tion.
Mr. Uana said he hud rather that the whole ques
tion as respected both propositions should hive been
agitated in committee of the whole. If those whose
business it Was to administer the aff. ivs of the go
vernment said that the business of the government
could be conducted without a hank, and that they
Would undertake to do without it, tflr. D. said he was
willing to Jet the whole go. He thought there was
an incongruity in having the subject of hanks referred
to two distinct committees, as they would probably
be continually carrying on war on the frontiers of
each others provinces.
Mr. Macon said it was but fair to give both pro
jects the same course. He had no fear of collision
between the two committees. He recollected indeed
once a contest between the military and naval com
mittees, to which of the two the gun boats belonged ;
but the same subject was often before two different
committees without producing difficulty j as for in
stance, the two convoy bills were reported during
this session by different committees. It was perfect
ly fair he thought, to refer to one committee the
question whether the rharter of the bank of the
United states should be renewed, and to another the
question whether a bank should be established on al
together a new plan.
The metion for reference to a select committee
was carried.
Friday, March 30.
REDUCTION OF THE ARMY, &e.
Mr, Randolph said he had some time ago submit
ted to the house a motion proposing a reduction of
die military and naval establishments of the United
States, which was referred to a committee of the
whole house to whom was referred the bill imposing
additional duties. He said he had been given to un
derstandby the chairman of the committee of ways
and means that it was lus intention to callup the hill, !
anil consequently his (Mr. R’s) motion along with
it on Saturday last. But he perceived that gentle
man (Mr. Eppes) had not since attended in his place,
his absence, hepresumed, resulted from indisposition.
Mr. R. said he thought it his duty to give notice to the
house that if it was not called up sooner, lie should
move the house to go into committee on liis proposi
tion on Monday next. He mentioned that day,because
he said he did trust t-hat in the interim the house
would decide finally on the bill, the title of which he
Could not recollect, but which, if not out of order,
lie would call Macon's Bill.
Saturday. March SI
On motion pf Mr. M.idon,
Resolved, That the Secretary of the Treasury be
directed to lay before this house a statement of the
gross annual a mount of expenditure, in relation to
the military and naval establishments since the year
17«9 to the eud of the year 1809.
COMMERCIAL BILL.
On metion of Mr, Macon, the house resumed the
consideration of the amendments of the senate to the
commercial bill.
And the question on adherence was taken without
debate, as follows:
YEAS—Messrs. W. Alston, Anderson,Sard, Bas
sett, Boyd, J. Brown, R. Brown, Butler, Calhoun,
Clay, Clnptoh, Cobh, Cochran, Co*, Craw
ford, Dawson, Desha, Findley, Fisk, Franklin, Gan
nett, Gardner, Gholson, Goodwyn, Helms, Holland,
Howard, llnfty, Johnson, Jones, Love, Lyle, Macon,
M’Kee, M'Kim, Miller, Montgomery, N. R. Mo6re,
Morrow, Mumford, Nelson, Newbuid, Newton, Ni
cholson, J. Porter, P. B. Porter, Rea, of Pen. Rhea,
of Ten, Richards, Roane, Root, Sage, Sammons, Sou
rer, Seybert, Shaw, Sniilie, G. Smith, S. Smith,
Southard, Stanford, Tracy, Turner,VVhitehnl, Winn,
Witherspoon—66.
NAYS—Messrs. L. I. Alston, Bibb, Blaisdell,
Breckenridge, W, Chamberlin, Chittenden, Cook,
Dana, Davenport, Ely, Emott, Garland, Goldsbo
rough, Gold, Gray, Hale, Haven, Heister, Hubbard,
K. Jackson, Jenkins, Kennedy, Key, Knickerbocker,
1 Lewis, Livermore, Livingston, Lyon, Marion, Mat
! thews, M’Bride, Mil nor, T. Moore, Moseley, Pear
son, Picknran, Pitkin, Potter, Quincy, Randolph,
Sheffey, Smelt, Stanley, Stephenson, Sturgts,
Swoope, Taggart, Talmadgc, Taylor, Troup, IJp
ham, Van Dyke, Van Horne, Van Rennselaer,\Ve«k
\ ly, Wheaton, Whitman, Wilson—38.
So the haute determined to adhere) and this
I viarmly-contested hiUi^Jtnaihj rrjet'ed.
NON-INTERCOURSE.
liiiiucuMicfjr surer ure uecnian oi uws queswon—
Mr. Randolph rose. He said that seldom had a
question excited so much sensation which was of in
trinsically less importance than that just now decided,
and perhaps it might lie deemed that the proposition
which he was now about to offer was nut of itself de
serving of higher consideration. He said he (vould
state Ins ideas as succinctly as possible, because his
present object was despatch. We have (said he) an
act subsisting which for brevity's sake I call the non
intercourse law. This act has been reprobated and
reviled by every man of political description in this
house and out of it, from one end of the continent to
the other—and yet, air, strange as it may appear,
Congress has been in session uear five months, »nd
tin* law h» relation to which every one seems to con
cur (indeed vie with each other) in its reprobation,
still remains npon oar statute books* To answer
what end, I beseech you, sir i Is it a sort Of a scare
crow set up to frighten the great belligerents of Eu
rope—or is it a foy, a rattle, a bare play thing to a
, muse the great children in our political work)} On
whatsoever measures the nation may ultimately re
1 solve, be it peace, be it War, be it (if there be such
I a tiling) an intermediate state between these two,
there fs no difference of opinion as to the deleterious
operation of this unfortunate law—I ought perhaps to
call it (brluniUe; Cor although k was introduced in
to the house without a single friend, although n»
was found to lift up bis voice in k| defence, it note
i I dtr.’\famean** »*fea#s4 the*
ns i
BMtet present themselves to evqry man of common'
1 observation and comawo sense—the argument* by
ihfitv ' mlw( rnmniAn a*nc» - ' " ' •«
I Vhielt the propriety ofa speMy decision of thfe
question' w entered. ff uny member of thehase
I *iil figure to Irirpwif the fair am) bot/ajlde American
; merchant, whose ship hi* been lying at the wharf
i greater part of the wimer with a cargo perisha
| bie »h its nature, say flax-seed, which if not export
ed now become* utterly worthless, he wiU conceive
the situation of those whom f Wish to relieve, flow
our resources are to he enlarged, or Urn belligerents
to be acted on Iry our produce perishing here 1 can
not conceive—-I mean the produce of the fair and
hmajide trader—for the other description of men
we know all send their produce when and where they
please. We have had official information near five
months ago that the law i* wholly inoperative, ex
cept as to men of high character for probity and ho
nour, who cannot gain their own content to violate
the law. I tlierefore move
“ That the act Interdicting commercial inter
course, kc. fce. ought to be immediately repealed.”
The house agreed to Consider the resolution—
Yeas 69, Nays S3.
wir. Montgomery said he had jdst now voted for
adherance to the disagreement of the house to the
senate's amendments, because he did couceive that
:t repeal of the non-intercourse without something be
ing substituted was positive unequivocal submission
to the edicts of Prance wnd Great Britain. He had
been gratified at the result of that vote, »s h had
still kept open the question for a repeal of the non
intercourse. He was one of those opposed to a re
peal of the non-intercourse without a substitute. He
■aid he thought congress could not separate at the
present session without repealing the non-lutcr
course and doing something to maintain,support and
defend the rights of our country. At a former \*ea
sion the house had resolved that they could not sub
mit to the British or French decrees without a sur
render iif the rigiits, honour and independence of the
natirni. Nothing had occurred to change the rela
tive situation of the United States as to those de
c, fes- Holding these opinions Mr*M. said he con
sidered it his duty to move the fallowing amendment
tu which he said he had no hesitation in saying as his
belie! that no gentleman who regarded the rights or
honour of his country could object:
“ Add that provision ought to be made by law to
maintain and defend the lights, honour and indepen
dence of the United States sgaiust the edicts of
France and Great Britain.”
On motion of Mr. Srnilie, the house now adjourn
ed, 65 to 53. *
IN SENATE.—Monday, March 56.
The senate having resumed the consideration of
the bill appropriating a sum of money for proem imr
munitions of war— 0
The section as first offered by Mr. Pope, havinc
been objected to by some oo the ground that the ex
pressions relative to the navy were too general and
comprehensive, Mr. Pope withdrew it and offered
the Following as a substitute :
Sec. 4. And be it further enacted, That for sup
plying clothing for the marine corps [and for fur
nishing the navy cf the United States for the tear
one thousand eight hundred nnd eleven, with sail
duck, cordage and hemp, and other articles of the
fabric of hemp und flax requisite for its use,1 tlieie
be and is hereby appropriated a sum of money not
exceeding dollars, to be paid out of any
monies in the treasury not otherwise appropriated :
and the same or so much thereof as may be nectssa. y
tor he object, as well as all other monies which shall
lie hereafter appropriated, shall be applied to pro
curtDg the necessary clothing for the marine corps,
and furnishing the navy of the U. States as aforesaid,
under the ducctiun of the secretary of the navy, by
publishing proposals and making contracts for sup.
plying the aforesaid clothing, and naval Supplies a
foresaid, or any part thereof, m the same manner
as proposals are now published and contracts ate now
made, for supplying provisions for the army of the
United States, giving preference in all cases of such
proposals to fabrics and articles of the manufacture
and growth of the United States, where the same can
be done without material detriment to the service
thereof.
Mr. Lloyd moved to strike out all that par* of *1
above which is braced
There were*
For the motion, Messrs. Bradley, Crawford, Ge
man, Gilman* Goodrich, Hillhouse, Llovd, Pickerin
Turner—9.
Against the morion, Messrs. Anderson, Bavnr
Campbell, Champlin, Clay, Condit, Franklin, Ga
lard, Giles, Gregg, Horsey, L (Hubert, Leib, Ms
theivsnn, Meigs, Pope, Robinson, Smith of M
Smith of New York, Sumter. Twt, Wbite*ide-*-S
And the original motion of Mr. Pope having bet
agreed to, the senate adjourned.
•» 1
Gazette Marine Memoranda
ARRIVED,
Brig Portia, Quartes-, 16 days from Havanna- Su
gar, Molasses, Honey, Logwood, and Hides, VV'liso
& Cunningham.
Scli'r J»ne, Freeman, 3 day* from New-York.
Sch’r Constellation, Fisher, * days from FhilSde]
phm.
Sch'r Industry, Harris, 4 days from Beverley.
Sch r Hi: i a all Kitiee, Mortem, 5 tfnyg from WaI
dobOfough, Spars, to the Master
For Salt, Freight, or L'huttrf,
The Schooner INDUSTRY,
__i Jot>i» Harris, mailer,
Will carry 520 barrels, now ready for the reception
of a cargo. Apply to the master od board at Camp
bell’s wharf
For Salt on buatd,
A few barrels SUGAR, first quality.
April 6. 3
lauding
This Bay on our Wharf, the Cargo of the Brig £rtn,
at Jollmtt:
U1 hogsheads >
i6 tierce* (Muscovado SUGARS,
*83 £2* ) of inequality,
i hairs Coffee, 407 Hide*, 879 wt. Braxelefto.
for Sale by -
C. & F. Whittle,
April ft.
*F/?S leave to inform the KhtoMfflPI
and,other*. who trove, the eore *rrt dimm
Ywng L^iies, in the dtSerfet
pf<ce, who wish to have iTtenj^dodal
fid V that she seonM%<k« W^Wrof*Ten 1
d»*8, to Ftonrd by the Yr»r or Quarter, on
terms. She has token a xnr'<} H»<use in !
in a healthy »nri airy «tttiati»n£ Tho»v
have their children accommodated* w
Cock
A MAIN will be fought at
scriber’s Tavern, in Hampton, to- «
VI edncsdny the 2.1th in stunt, for 9V i
battle, and 250 dollar* the odd,
John B,.
April 6. tf -
—... • y- '' ^
Valuable Projm ty for Sale, m ‘
On Tuesday the 8th day of Mi
will be Sold before the' Rxchahgfe ^ ‘
at XI o’Clock, l*y order of rttb
Thomas Newton, deceased^*rtd the*]
the estate of WilHam PennoeV, v
The LOT adjoining the Exc
Coffee-House, being 04/ert on the Mam-streeffii
running down to Wide Water-street;" ttovfel^nf
courte four fronts ; It i* leased to Mr; John Wer*
ran for 200 dollar* per annual, about
yet to run. „
iPi#
Also ty order of the Trtnfetf aforemid,
A piece of LAND containing ■*
acre*, nnd ha3 a small Hi-use on
known by the name of Wilkin*’, inbt* l
Point, and the Creek dividing it frnni Ci>
landing it well stored with Mullets, and „*
full view of James River and Hampton Roftd.
1 ALSO,
Thirty Acres of WOOD LA!
joining the former described Tract,,
to die rOnd leading to Pomphret,
A LOT on Loyal's Whar£.
One half of the Tract of LAND, 0^.
Deep Creek, generally known by the naint “ "f 3~ "
cr’s Mills ; there is a very good stf-esin
which has been increased Sy a mad made the <
Company, and.it is supposed h supply of wit
be obtained from thence to work tire vtaf- tfal-i
ALSO,
17 Shares in the
Terms made kuowii at the time add Diace ‘
id*
Oil Tuesday the 10th instant,
o'clock, will be Sold at Auction, at the W»;
llng-House of Mas. JaNneT pATTktt '
ceased, *
All Hcf Personal ESTaT
Consisting of a variety of HOUSEHGl
KITCHEN FURNITURE, and two I
SLAV ES, one an excellent Cook, about
age, the other a voidable House Servai
year* of age, and an excellent MILCH
The £
April 4,
' ....... -•.■■A A, .I., - ..Mi
On Thursday the 19th of Ap.
At xu o'clock, mine Solff
At Mr. Matt Qlenn's Tavern, Sign of
Queen,
155 Acres of LAND, lvirtgOn
ell’s Poiftt—It commands a dne view of H
Road, and all the vessels which pEss up ail
Elizabeth river. There >3 a small House
Plantation occupied by Mr. Curt who wtii
place to those desirous of tie wing ^
41 the tame time and place mil l* &
Several LOTS lyingoh Deep
at the mouth of the Diirnal Swamp Cro*!,
1.2, 4, A, 6, 7, and S, sgreenble to ‘
wliicli may be seen «t my Office The—
ry will be sold upoh a credit of $, 9, »
T. Blanc
Marrh Id, ‘ •*' R
VIRGINIA BANK S
IVANTtiD TO':fUiiCHAm'«k
VIRGINIA BANK STOCK
For which Ouh will be given. IfipHthltiir
made t» the SrtMTAET of the MaeimK I*
ASC* CoM*A«t. ••
JOHN GRANBERTtfftfc
6/ct •/ lb Intttaut U» .
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