Norfolk gazette and publick ledger — Norfolk [Va.], 1810-10-03 00:00:00, page 2

THE PUB LICK. LEDGER.
WE&XLSDAY EVENING, OCf. sTiil
7*
•Kr* understand that
a —w- - rf. tto*, late
eeree.'fte. afphe ''Eo^^r'W.-FjMilft baa reached
tbs drat of government, oOpr than that received
tfarbugktbe mtdiacn of the British pipers.
jsjt,*:**".y** «■;iMX'■ • ' * ' fNat. Intii.
'-v it;.: i-mate tiojir. *% V ’ ’
S' Wjs. «ns<iersUr>4 (bst « loa^lip been obtained by
o^efllirttfot frtm the bunk of^R United States, for
if50.000 dollarr—parscfant to an act of oMgreCs
'nattedd the last seasion, atflmrising the preMmnt id
Twrfnw a turn dot exceeding*,000,000. The mo
■ ncy borrowed is to bear an inUreat of 6 per «ent.
annum, «nd to be reimbursed on the 31st De
cember, I ttl—unless congress shall refuse m grant
• charter to the bank of the United States; to
■ Wbichyiee tbe sum loaned k| to be reimbursed with
in three months after the bank shall demand tbe
. - lSpintof’76.
^nfnjpwWntg pmer sheds important light a poo the
^l#****# ^! * the late armed oppnsi
r - .- ,, ,v_ of the execu
tion of Pennsylvania, to adecismf of the supreme
p court ofthe United States. If the explanation
& .J»fg «Jtnib'ited he not wide of the truth, other po
\^JjpW collisions more violent and protrastcd, will
r*pwesfler proved from the same quarter.
>•*
-[/crfe
* jjL$al Republican. *.t; t/ js »a ,/■ * < * - ' -
4: FROST TH£* tANCAATKIl JOURNAL.
Actoal Settler t.<—Having dismissed Olmstrad's
o «a»e for the present, I shall now proceed to take tip
giant of the actual settlers, and show that those ca
' sea haye.turb an affinity, and bearing on each other,
t'ldtth# perseverance in one, naturally draws after
it the perseverance in theother.
UW castiof the actual Settlers, the act of April
f'QirAjgii of the legislature of this common wealth,
tpider which they rlaifp, has received a construction
Irt oiirhighestjudirinry tribunal; that eonstryitinn
mm therefore Become as ‘
, . binding as any pan of ibe
supreme law of the land; It leaves no ducietion
v »||b the president of the United States, who is ex
pr<is$ly bound by statute, to carry into elfert the de
Sins made In conformity to that cnlTSTruiliori'.**'
rod!.the decision of the supreme coart of the
; United States. it appears that the warrants issued by
; this commonwealth before the 1st of January 1794,
in pursuance of the art before mentioned, for lands
ctyrng jinrih and west of the Ohio and Alleghany ri
weis and Canewsngo creek, vest a fee simple in the
warranty*. This construction was given to the
ift of Affrtl 3d, 1792. by the supreme court of the
J United States, in this case of Hydekooper, vs. Duug
lass-i-The deeflr in pursuance of this construction,
baa, at in the rase of Olmstead, been resitted by
firci, and /one of the deputy marshals’ assistants
mBfrdej.ed, in endeavoring to carry it into effect!—
ny0'it Will he proper to digress from the general
\ subject, for tho purpose of introducing a few obser
,, ▼sUnns, necessary to bear in mind, through the sob
•'Sequent part of this enquiry.
' ' AfUg$MjfyurdtK<rf the deputy marshal’s assist
' Wit, a person supposeff to be the perpetrator of the
crime,-waa taken up, and committed to prison; but
shortly after released from confinement, in c<nse
quence of Abner Lay cock becoming bail ior his ap
pearance. | Tbisaet nf Mr. ■Layeock, 10 some cases,
might be considered an net of Immunity ; but in this,
Ir'erea evidently one of necestity. Mr. Layrerk’a
sjltiding in that district, hi* pop'iTanty. and all the
djftisaqueofe he has ever had or will be clothed with,
|i*by hrusupportmg and advocating the claims of
1 the actual settlers • with the termination of that dig
pate, he falls back into that situation in society, from
vhteb ho accidental circumstance, arising out of an
utyaneoas.construction of a law drew him. ■ This
" hi* siloation, it is naturally to bn expected,
from the pliability of his moral and political princi
ples, that he will endeavor to save himsell, at the
Ti^joe of drawing this commonwealth into « civil
‘1W;*itjb th* .United States. •
H ra^y justly hi considered * very unfortunate
eireomsUnrs for this state, that the cut of the ac
■ Pri.Mltffn has been far a number of years, the high
Wad toyiopuUmy in the western pert of this com
. wron wealth, where designing, unprincipled men have
token advantage of the de]asion, and turned it to
their own aggrandisementthe deception having
taken rqiot, and both the deceived and the deceiver
Ming interested in rontinuing the delusion, it bt
eottlev the'hinre difficult to eradicate. The dnoht
fulcoiulrurtion oftbe law, might for a time have
justified in some degree, the trespasses ; but after a
daemon of the highest judicial tribunal in the na
tion, h*d fit the question at rest, the trespasses
®*tght tftjte eiwsed, *iHi»Vmverance in them
. ...tiffbecause that const ruction may,
•gfcefcri observed, be Considered as binding as the
land; and the President ot the United^
-Stone, '* Wundyo carry the decisions or decrees un
der that constitution into effecthe has no dis
f «*> an important part ton, of
• flil Wty• . f - # . •. i - .. .y-;.fy
Exclusive of mere political quarks, others have
gf*** ***rpk interested in. continuing the deception,
htnung whym may by reckoned the deputy survey
■ •ra. Sgpninted tar that part of the state, after the
»U.e l,UB*M of tbe administration of Mr.
* ■ Brw depojties, on taking possess!
*•«*• in that port of
* . e* K*nen,Hi toreeyed in puryusnre of won
; fonts issued before the coni fusion of the late Indian
• *»W «f, f•««*. their pecuniary expectation* much
disappointed : however, to render the effect of the
dtoppein’menus small as posaible, they held uo
r tbvide^that.•&# seuI«r»on those fads »j-k. Jl
daf the l#w bflore mentioned, hold the* inih»ir
r ih«m eurvCyedbgain, end mL
«fc«B in tinur own names, in
"# «*»«*«*din^ry speculator, by wKeh the aettlers
MRmabe sMrpwng f^ twice, thy present so
•raury W fhe land blfee a^ the prothonot,ry of
kVcoontyofCrowfeV^ore supposed to hew bad a
vesytonsraerabie sbbi^and at tho expense of lbs
eredulous, have render* themselves independent.
lb ^missed from'* office by Mr,
Brrouti% accoirrmodete with the origin.l warrant -
lipUefa,on to;s*l'cqmreble uriha• Wt w ^
u^blr. Snyder, a new j *aj?Vhopebnokt
\ K«4*S«U, &Wtha wvtl funded
ifjmp****I sftowd
efa.d.f - . i r'/tv’ >' 4[
: %*?
■hky
3
■‘■-w
MflArft «&dAMMlfCi Of OWfMMat SISC*-'
tiv«, occ^mped *b%m to MU luck ott thru former
; grttcd, obiter the foil persaasioai that the. judieiafy
•nl gflveroment of the United State*, wowld be bul
lied into* compliance witk ibetlJ^wisbea.
1 Assn entering wedge, totbeeontempls ted oppoti
ttonfo tbe derieioo of the supreme ciwt of tig U
| nlied States, tbe armed forra wui'brdkght .wriard
I against the constituted authorities of the nation,,
Un tba cue of Olmstead; which was no more
! than a secondary object, and tbe timilarify of tbe
easet justified the experiment, as success in one,
would insure it in tbs other .—Failing in tbe rate of
Olmstead, it was reasonable tb suppose, flat tbe
ygtbrr would be abandoned; but the stake was too
^rest. Tbe popularity, and standing of a few de
signing individuals, was deeply involved in the issue,
to abandon a project, which was, and bad been,
their stepping-stone to consequence.
From the Liverpool Courier, August 22.
Fkaxce.—YVe have inserted in another place, the
new commercial decree of Bonaparte, by which co
lonial and other produce, heretofore prohibited, are,
under certain restrictions, permitted to be imported
into r ranre.
On the rnnstrurtioni, intent, and Motives of this
decree, we perceive our cotemporaries to be much
at variance ; some consider it as a tacit abandon
ment of the restrictive system af Bonaparte, oth
ers as leaving that, system in full force, and as a
mounting to just nothing. We have given the sub
ject some consideration, but werannnt fully acqui
esce in either of these opinions. That it will go
to relieve our intercourse with the continent can be
but partially admitted after the scale of duties bas
been minutely examined. The wants of tbe conti
nent, say some, will create a demand, and tbe ta
riff is rated so high to supply the demand of the
French treasury. That the want* of the continent
are pressing enough we doubt not; butit is also to
be remembered, that tbe continent is sunk in po
verty, that industry cannot have been so long im
peded, the sources of national'wealth so seriously
Impaired, but that the power of obtaining luxuries
Unust hf lessened m proportion, and that when tbe
product of the land is rutting on the bands of the
holders, and when consequently the value of land
and tbe pi ice of labor has rapidly diminished, there
is no such superfluity of means as to enable the
people very extensively to purrbase the articles spe
cified in the decree.
N»r yel is tins decree to be considered as amount
ing to nothing. This is not tbe character of French
proceedings. They are never neutral, they produce
either much good or much mischief; they either
aim directly at some great object, or insidiously ar
dspt themselves to effect some great latent intenti
on. Of the latter character we conceive this new
decree will be found, and connected as it is with the
letter of gen. Armstrong, bearing date on tbe very
same day, it is surprising that the whole bas not
been discovered to be a trick to draw the bonds be
tween America and France closer, and to induce tbe
former to declare against England.
Let us for a moment look at the contents of this
letter. The embargo is praised, and the nnn-inter
course condemned. It was offensive to France be
cause it interdicted French vessels from entering the
harbours of the United States, and bis sequestrati
on of American properly ia justified as a measure of
reprisal—a matter of right. Well but this act is
revoked, and the ports of America are opened to
French commerce, and therefore “ in this new state
of things," says the French minister, “ i am autho
rised to declare to you. Sir, that the decrees of Ber
lin, and Milan are revoked, aad that from the 1st
Nov. they will cease to be in force, it being under
load that in consequence of this declaration the
English shall revoke their orders in council, and re
nounce their new principles of blockade, or that the
Ignited.States, conformably to the act you have just
communicated, shall cause their rights to be rrspert*
,*d by tbe English.” Then follows a fulsome declara
tion bow much the F.mperor “ love* tbe Ameri
cans, and that their properly and their commerce
enter into llie view* of bit policy/’ A style to dif
ferent from lh»t he usimlly assumes, so opposite to
true dignity, that it betrays the true object „f the
letter whicbjs to spirit up the Freurh party in A
oierics. This is the true intent of bis fawning pro
fessions. He confesses his inability to effect the ru
in of England, even with the aid of the whole conti
nent, and now in fact supplicates (be assistance of
America, and changes the growl of the tyger into
the obsequious grinning of the ape.
" 1 Let us now connect this letter with the decree. Sup
pose the Milan and Berlin decrees, and the British
government, out of fear lest the American non-inter
course arts should be revived against this country,
rescind their orders in coonril. France gains this ad
vantage, that she enjoys tbe commerce of America,
1 be American staples ars brought into France, and
a part at least of the produce aod industry of France
go to America. Thus France will paTtially relieve
herself from her present pressures, aud we accord
ingly find that tbe American staples are almost en
tirely left out of the list of imports, and no doubt
dcsigoedly. They will pot be saddled with those ex
orbitant duties. Tbe articles specified are tbe pro
duce chiefly of the British colonies or her allies.
’< By tbia scheme, too, the ground of tbe quarrel
between this country and America will be changed
and become more complex. France will evade tbe
charge of violating the rights of neutrals, by effect
ing her purpose by a municipal regulation. The
British orders in council will loose their justification
d* being (matures of necessity founded upon the un
just decrees ot France. America will tell us that
we have nothing to do with tbe munripal acts of
Francs, and thosit is attempted perhaps bp q concert
between both these powers, to reduce us to Ibis di
lemma, either to maintain our orders in • council
whan ihe show of justice is taken away from them,
op to suffer the commerce of the enemy to be reliev
ed, and to give op the power of retaliating oa him
ih* evils of the war. Tbe artifice is deep but it may
be met and turned. ' '' §k
'Nothing is said in this decree or letter respecting
the release of American ships apd cargoes under se
questration. Perhaps the sequestration is held over
UtB, heads of the Americans in terror cm. YVe arc
fsrwus ts leans (low the French party in America
w|ll manege tbat,t»a«lsrly piece «/ logic in the Jet
*et to gem Armstrong wheti it is srgati that be
cmise America, Ay her onn< intercourse act, forbade
tbe eiftty oTPreoch vessels into her harbors, tbe
Confiscation «f all Americao vessels sinrafy in tbe
harbors of France or her allies was ojast reprise!
> , V«WM, SsplsmWr 9. -S
^, raT FLORIDA. ' -, •
, On* rf tb* editors of Ibis paper has just retmted
from attending a meeting of tbe Weat Floridailoa^
Mention, which adjourned on tbe 29th ultimo, to
im*t again at St. John’s Mains, on tbe .first Mon.
day in 'November next. Before adjourning tbe go.
vernour had sanctioned all tbeir proceedings, which
was announced by the following proclamation— •
*' 3o the Inhabitant! of the jurudiction of Baton
W * Rouge. « •, '
“ His Excellency Charles Duhault, Delassus,
Colonel of Royal Armies, and Governor Civil and
Military of tbe Place and Jurisdiction of Baton
Rouge, with the representatives of the people of tbe
said jurisdiction, in Convention assembled, an
nounce that the measures proposed to be adopted for
the public safety, and for the better administration
of justice within the said jurisdiction, are Sanction
ed and established as ordinances) to have the force
and authority of law, within the a-veral districts of
this jurisdiction, until the same be submitted to the
Captain General of tbe Island of Cuba, and until bis
decuion thereon shall be known—the said ordinan
ces will be made known in each district, with all
possible dispatch, and in mean time all the good
people of tins jurisdiction are required toepreserve
good order, and avoid every movement which may
disturb the publick tranquility ; it being the ouly
wish of the Governor and the representatives, to
consult tbe best interests of the inhabitants. And
although it is not intended to mark with severity
the authors of the disorder, whirh has appeared in
several parts of the country for some time past, yet
all such persons as may be found offending in that
manner, alter this date, will be punished with the
severity which the law prescribes, and which tbeir
onrnres may deserve,
“ Rouge, Aug. 25, 1810.
“ Wm. Spiller, John Mills, Jos, Thomas, John
Morgan, John VV, Leonard, Benjamin O. Williams,
Edin'd Hawes, Philip Hickey, Manuel Lopez, Tho
mat Lilley, John H. Johnson, Wm. Barrow.
Carlos Dbhault Delassvs,
John Raea, Pri. of the Con."
The utmost harmony appeared to exist between
the governor and convention, and it was believed by
•be most enlightened part of the community, that
the new arrangement would have a salutary effect in
prtserving tranquility and promoting the prosperity
of the province. One wise measure is the autbori.
zing a printing office at Baton P-ouge, under tbs
sanction of the superior court.
Appointment! made by the Convention, and approved
by the Governor.
Robert Percy, of New Feliciana, Fulwar Skip*
with, of Baton Rouge, and Shepherd Brown, of St.
Helena, to be associate judges of the superior court.
Joseph E. Johnson, of New Fetiriana, sheriff—
and Andrew Steele of Baton Rouge, register of land
claims for this jurisdiction,
Gilbert Leonard of Baton Rouge, Bryan M’Der
mott, of New Feliciana, and Daniel Rainer of St.
Helena, to be civil commandants, each for tha dis
trict in which he resides.
Officer! of Militia, *
Philemon Thomas, colonel commandant of all
the militia of this jurisdiction; Isaac Johnson, ma
jor of cavalry.
1 at Regiment of Infantry.
Samuel Fulton, colonel; George Matbar, Jun.
Reuben Curtis, majors.
2 d Regiment.
William Spiller, colonel; JasephThomas, Abra
ham Speers, majors.
3<f Regiment.
Aquilla Whittaker, colonel; Robert M’Causland,
Robert Yoong, majors.
APPROVED.
Baton Rouge, August 2 S.
On Sunday the 26th ult. the convention of Flori
da gave the governoi a splendid dinner, which was
considered a dinner of union between the king and
the convention.
Oa Sunday last a duel wan fought near St. Fran
cisvilla, West Florida, between Francis Triplett and
James Turner, esquires, attornies at law, at Point
Coupee. The first fire Mr. Triplett received his
antagonist's ball directly through the heartf and ext
pired instantly. ,, ,
New York, Sepr. 26.
From landon papers bp the Remittance.
Schwerin, August 1.
' Our 0.urttc of to*day roulainsthe following e
dict:—“Whereas instances have shewn that the
North American flag is wrongfully made use of by
the English to import prohibited goods and elude
the well kuown vigilance pursued by the Imperial
French government, to preserve the illicit trade in
colonial produce, which for a considerable time has
not been shipped off from any port in North Ame
rica ; therefore we hereby direct that no American
ships shall henceforth be admitted in any port of
our dominions, and the miniater committees in Ros
tock and Weismgr are charged to watch over the
punctual execution of this order.
" FREDERICK FRANCIS^
" Dorbereau, July 29, 1810.”
Dunkirk, August 10.
The Ameriran vessels which bad been detained
here, are ordered to be released.
■ ». Paris, August 12.
IMPERIAL CUSTOMS.
An error of the press in the Decrees of the 5th
inst. mast be corrected as follows:—" Levant cot
ton, imported by sea, 400 fr. The same imported^
by land, through the office^ at Cologne, Goblents,
Ments, and Strasburgh, 200 fr.M
’• On Thursday last bis majesty was employed du
ring the greater part of the day at Trianon, in tran
sacting business with his ministers. , V
„ Amsterdam, August 6.
- The following notice has been published here
“ The Director of the Imperial Customs hastens to
acquaint the merchants, that a decree of the empe
ror and king, dated July 31, which has been just
communicated to him by his most serene highness
tha arch chancellor of theempire, duke of Placen
tia, contains sodHt modificaitiops and alterationa in
tha Tarif that have been already published,' which
are to be applied tothe colonial produce already in
Holland ; sod that the same decree regulates the
manner and periods of payment. He Lrls it to be
his doty to make pubhr this deriree, as well as tha.
tarif, to put-an Sod to ths impatienccuf the mar
rantik'tlasaca.* ; .K ,
. «»a*. 4Cw>tr*,..\-.
*«& -•'
** Uapoleurt, by Am «rect.df Gnd ud tha Consli
*
- y-iX. - 'V
tatiot, RmpseoroftfcwFfeacb, King of Italy, Prds
tcctor of th« Confederate* of tbe Rhine, Medial**
ofjfte Swiss Confederacy*Ac. &c. 6cc, We have
decrml, ifildodecree4afollows: ‘ >■
“ Art. ». The duty ef 50 per cent, to which td> .
lonial produce in ilolland-issubjert, fijr oar Imperial
Decree of the 91b July, 1810, is to he petti within
tbe first 15 days of September.' :
“Tbe payments may be Made Intends, with
sufficient security, taken for the amount ef a third
of the duty, at three, six ami nine' months.—Thor*
who are not disposed tolpail themselves oT thin .
delay, and who are willing to pay in advance,
will receive an abatement of one half per cent, pet
month. -
“ The duty of fifty per rent. on the value will *
be collected according to the schedule annexed,
to the present decree. They, however, who Witt
deliver in their declarations before the. fifteenth’of,>
August, will pay only forty per cent, instead of JSfT
ty ; that is to say, four fifths of tbe duty imposed
by tbe Tart/. ' ~r’ (
“ Such colonial produce as shall not he declared
before the 1st of September, the tf%ajS|xed by oi.f
decree of the 9th July, shall be seized^.,,.,...
h?t«w.
ted. Every proprietor or depositary,'erho'shall n |'
have made tbe prescribed declaration, shall he st|.«
ject to tbe payment over and above, o( a sum egujjt
to the value of the merchandize.*’
’ • %
M
IAIV JNTt. LUGENCI.
BANK CHECKS,
Court of Kino’s Bench—August 4,
Sc holty v$. Ram»bvtt&m.~—This whs an ir t!ol ^
brought Uy the plaintiff to recover from the defend
«nt the sumof^JOO, the monies of the plaintiff, rte
ceived by the defendant to the plaintiff’s use. * ’
It appeared that the plaintiff kept rash in the de
fendant s bouse, and that having on a particular d&jfc*
supposed that he would have occasion for a sum vti -
•£300, be wrote a check for that amount on the de-E ,
fendant. Finding afterwards however,that this suta
would not be required, he took l he check, tore it in four '
pieces, and threw it from him. In some way or oth-'
er, hut how, or by w
“&'n’ '
could n»t he discovered.
the pieces of the can
iMfied check had biggin picked up,
pasted together, presented to the defendants for payv
meat,actually paid by them,and theainount charged
against the plaintiff in his account with the defend
ants. 1 o recover the amount of this sum from tht.
defendants, as having been improperly paid by them,
was the present action brought.
■ Lord EUtnboruvgh thought the defendant bad nni
exercised a proper or reasonable degree of cautions
in paying a check of so suspicious aa appearance^
without due enquiry.
The Jury were uf tba sams opinion, and found I«i»
the plaiutiff.
>■
Wc/
Osoood r. Cronins*
This was an issue directed by the lord Chancet
lor, to try whether the plaintiff was entitled tik "
freight on a cargo of sugar and rice from the port of
Charleston, in the United States of America, to the.
port of London, under the following circumstances? ‘
The plaintiff and defendant are both cilieensof Ar
merica ; the first the captain of the ship Nepttine,
hnd the Utter a merchant in New-York. The de
fendant chartered a ship to proceed to Charleston, ‘‘
and take in a Cargo of sugar and rice, and from
thence to proceed either toTooningea, Amsterdam
"r Rotterdam. When the ship left the United
State*, neither of the parties were aware of the or
ders in council of this country, or the subsequent
decree of I ranee. The plaintiff, on being made ac
quainted with tbe nature of them, applied to the a
gents of tbe defendant in London foi thcii advice.’"
It was just after the bombardment of Copenhagen,.'
which made all tbe porta in the Bultick suspicious
of admitting vestdg fijpm England into tbeir bar- „
hours. The agents recommended him to wait, and
try to get a license from this government to go to ,
Rotterdam. After having delayed some time with- *
out being able to get a license, be was ordered by
the agents to proceed to Rotterdam. He took ad- ’
vice, and was firmly persuaded if be did^is ship
would be confiscated—a circular letter from the A-1'
mericau consul in Hamburgh confirming that opini—. j
on. lie was then advised to take advantage of thy
order in couonl, which directs that all neutral^
should touch at a British port, enter her cargo, and
pay duty before she proceeded to the harbours of tba
enemy; he according entered his cargo, and wrote '
to bis owners in America to know bow to proceed-.
For the safety of tbe cargo he deposited'tbe sugar
in the stores of the West India dock, and the rice in
that of the E^hdon docks. The moment the cargo ■
was landed, tbe agent* for the defendant served
plaintiff with notice to pioceed to Tonningen. and
on Jthe day following served him with a bill jp chan-,
eery to gel possession of the cargo, which >M' ^
nr*
dered to them by the lord chancellor, be directing
the present issue, for a jory to determine whethci
the plaintiff was or was not entitled to freight '
Lord EllenboTough observed, that it waeverj
clear that <he plaintiff was not entitled to freight, ai
tbe terms of the charter deed had not been fulfilled
by him ; it might be severe, but when two great
nations were at war, those who wish to accumulate
wealth by tbeir calamities must r
risk, and
should not complain that they su
a little by
for tbe defend
the nature of the warfare. Verd~
Phcerux hire Office
, No., 13, MARKET-SQUARE, NORFOLK.
•S.
INSURANCE UPON SHIPS. 7f
NOTICE is hereby given thet the following pr%>,
miums only, will henceforward be charged by ”
this eoinjnny for insurance from fire upon Ships, "
Vessels, and all Water Crafts,
also upon Cargo
on board, in the seaports ind rii
PnenllB.,
North-Carolina.
One nShth
. do.
Ten
: - 40.
. Eleven
Twelve
...- do.,;- ........
The above premium wiHbe charged for arf
sboi, sot exceeding 40,000 dollar* in oh* risk * bof
a aeparaie earn met in all cam be specked f«.lb*
•Mp and«nUkcargo. • a^v; •, -