Norfolk gazette and publick ledger — Norfolk [Va.], 1805-02-04 00:00:00, page 2

THE PUBLItK LEDGER.
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to s&kw
THE VERY ACE AND BODt Ot THE TIME,
f JUS FORK amp pressure.
m ■ ■ I I-■* I
MONDAY EVENING, FEBRUARY A, 1805.
We hive been favoured by Cafumin Benthal of the
Brig Flora, 48 days from Liverpool, and by several
commercial friends, with the London Morning Chro
nicle, and the different Liverpool papers from the
?6th November to the 10th of last month ; various
extracts from which appear in this day’s Ledger.
From every thing we can discover War against
Spain must have been declared by Great-Britain, in
a few days after the sailing of the Flora. Had Spain
been left to herself, at liberty to consult her own in
terests and wishes, she would have been preserved
from this increase of the calamities which press so
■ heavily upon her; she would have avoided a contest
in which she hazards an immense stake without any
prospect of advantage. - The oppressive supremacy
* of France has, however, driven her into a war which
is not less unpopular among her own subjects than it
is popular among the subjects of her enemy. While
in Spain all ia distraction and turmoil, while her peo
ple are groaning under the most humiliating oppres
sion, her commercial cities ravaged by disease, and
her ministers loaded with hatred and execration; in
England all is tranquillity and hope, trade and manu
factures flourish, and the ministry possess the fullest
confidence of the people; a confidence justly increas
ed by their late decisive conduct.—In Liverpool the
• people were busily employed in fitting out privateers,
in expectation of receiving commissions to cruize
against the Dorn in a few days.
In t ranee every other sensation seems to be absorb
ed in those which arc excited by the approaching
coronation of Buonaparte ; which was fixed for the
second of December. His holiness the Pope, as
our readers will observe, had arrived at Font air.
bleau (35 miles s. K. of Paris). It is useless for us to
offer the reflections which have been excited by this
abominable prostration of what has hitherto been
considered in the eyes of mankind as sacred and ve
nerable.—It will not escape the attention ot our rea
ders that Buonaparte has found it expedient to as
semble at Paris, for this special occasion, an addi
tional force of 30,000 men ; as he will, no doubt, say,
in order to give greater dignity to the ceremony ; but
it is not difficult to conjecture that it is with the hope
of deriving greater security while they perform it.
In vain his power, in vain his pomp and greatness ;
His guilty thoughts, those tyrants of the soul,
Steal in unseen, and stab him in his triumphs.
A remnant of loyalty, gallantry, and honour,
'might burst forth on an occasion so degrading to the
French nation. Thirty thousand additional and wcll
sclected myrmidons, were well calculated to tran
gvUUte the passions of his opponents, and to recon
tile them to a measure which seems intended to com
plete the ruin of their own hopes, and the liberties of
their country.
We are sorry to remark the irresolute conduct of
The Pokte, with respect to the point in dispute
with France. We are, however, rather disposed to
.think that the object is to procrastinate any definitive
measure, until Russia shall have positively commit
ted herself. Upon this latter power must finally de
pend the event of a continental war.
Of the scarcity cf corn in Great-Brttain we know
net what opinion to form. The accounts are socou
tradictory that any opinion must be merely conjectu
ral. We, however, apprehend that the scarcity ex
ceeds what is stated in the publick prints—Graiu of
every kind was on the decline.
We are sorry, amongst the other evils which op
press the once happy Dukedom of Tuscany, to no
tice the prevalence of a Putrid Fever in Leghorn,
the only commercial port in the king of Etruria's
dominions. At what time this distemper first disco.
Tered itself we are not enabled to state. The papers
of the 6th sav that it had in some degree abated its fu
ry, and that it had not extended to Pisa or Lucca,
nor even into the neighbourhofxl of Leghorn.
' Sir George Ruinbold had arrived in London, at
the last date.
Imfieaihment.—This is the day appointed by the
Senate to receive the answer, and commence the tri
al of Judge Chaae. We have an additional reason
fbr bdievingthat the term of his services has arriv.
ed. Almanac ku are to be regarded as the sure and
infallible prognosticators of all the great events
which are to take place during the year; otherwise
they would be of no use whatever. In the Almanack,
calculated and published by Mess. Jordans of this
• town, for the year 1805, we observe that the name
of Samuel Chase has been firo/ihetically oipitted,
when giving a list of the Su/ireme Judiciary! !! It
ir. isf be admitted, by the friends of the Judge, to be
rather alarming that the Start should have thus po-j
sitivcly declared against him 1!!
. A REWARD
For the Discovert or a Picr-Pockf.t.
Among the different methods of swindling a man !
•ut of his money, one has lately become pretty ge
neral 5 that of directing letters to Editors of News
papers, either on business in which they are In no
manner concerned, or covering some low-minded
and cowardly insult. Wishing to discourage any re
petion of such offences in future, so far a. they affect
us. We now promise to pay a Generous Reward
to any person who shall discover to ns the writer of
a letter dated <( /Jtiladd/Ma, January IHits", signed
“ Common Sense", superscribed “ Mr. The svriter
iheKJoumal the public\frgern, bearing (he Phila
delphia post-mark January 25, and enclosing a part
,, •( Belt's Gazette of lie 24th uliimo, which ;
cost us sixty cents.—The writer, both by hjs Eng.
Jish and the character rf hit hrad-writing, is a
FaxSCE-stoundrel, we'had almost said, for his con-*
forbids us from considering him us a French- ;
matt, mudk'Um ki a Vrcudi-gentJetka*. Wien we
tpiow him, we day perhaps (to use his own neat
style) make mm “ pitiful for hinudj"—It is possible
that a little castigation may instruct him that he has
t een rather unhappy in his choice of a subject to jest
upon.
We request fltie, ft elf (as it appears that he is at
least a reader of that paper) to republish this no
tice ; and to add tliat'w* have, by this mail, teturn
ed the precious epistle s# this Piek-Potket (we hope
he will be gratified by tha appellation) to the post
ufBce Philadelphia; with a request that any one
who desires it may have an opportunity to examine
the hand writing.
The Editor* of the Pubtck Ledger.
N. B. We have frequently been obliged to pay post
age fnr letters by no means interestingto us s to those
who writ* from honest views it will suffice merely to
say, that no letters, except those of private corres
pondents, will be taken from the post-office unless the
postage has be<.. paid ; to rogue*, such as the above
whose sole object is to fkh from us a little money’
this information may perhaps be some disappoint
ment.
Colonel Burr, the Vice-President of the United
States, and Governour Bloomfield of New-Jersey,
were in Philadelphia on the 24th ultimo. Our read
ers will recollect a hint that a petition from certain
Senator* of the United States, had gone forward in
favour of Mr. Burr—This meeting of these two
Great men must not be supposed to have been con
certed ; but may be called a very lucky chance !!!
The Honourable James A. Bayard, from Dela
ware, took "his seat in the Senate of the United States
on the 15th inst.
A report was in circulation, arising by mistake at
New-York, that the British Frigate La Revoluti
onaire was on shore on Long-Island—The New
York papers of the 26th ult. contradict the report,
and say that the vessel thought to be the frigate was
a lsfrge Spanish polacca.
The following revolution was a few day» fiast of
fered in the House rf rc/iresentives of i he United
States.—
Resolved, That the Committee of Commerce and
Manufactures be instructed to enquire,- if any, and
what further provision be necessary for the protec
tion of the commerce and seamen of the United
States; and toenquire whether any foreign country has
made akvi.ate regulation's with a view to mo
nopolise any branch of the American carrying trade,
to the exclusive lienefit of such foreign country, or
which in their operation may be injurious to the
agricultural or commercial interest of the United
States. And also to enquire into the expediency of
prohibiting the exportation from the United States,
of all goods and merchandize whatever hi foreign
ships hound ta any port with which the vessels of
the United States are not allowed communication, or
where a free and unrestrained tr ’.de is not permit
ted in the productions of the United States ; and that
the committee be authorised to report by bill or u
therwise.
Married on Thursday last Mr. Jaxrs Vaughan,
of this bcrcugh, to Miss Hogg ard, of Princess
Anne.
Congressional &rgfgter»
Second Session or the Eighth
CONGRESS QF THE UNITED STATES.
Commenced at Washington, November 5, 1804.
HOUSE QF REPRESENTATIVES.
Monday, January 7.
Debate on receding the Ui.strict of Columbia.
^Co. mmol iro:il our last )
Mn. Epprs.—With the gentleman from Pennsyl
vania (Mr. Smilie) considered the question of reced
ing the territory of Columbia as entirely separate
and distinct from -i question to i enuivc the scat of go
vernment. Hu did not understand the particular
connexion between the two questions. He believed
that the seat of govci iinicnt would he us permanently
fixed here, if the jurisdiction of Congress extended
only over the soil covered by itspubiick buildings,
as if it embraced any given number of square miles.
All that the national legislature wants here, is ac
commodation. Assembled at this place for purposes
of general legislation, the exercise of a local-sovereign
ty over a few square miles is neither beneficial to the
nation nor interesting to Congress. The right of
legislating for persons around us whose local interests
we do not feel, or understand, cannot attach to this
spot the representatives of the nation. The exer
cise of this power by Congress cannot attach to tins
spot the nation itself. The publick convenience and
interest fixed our government within this territory—
the publick convenience and interest can alone con
tinue it here. The permanent scat of our govern
ment depends not on the extent of our powers over
the country around us, but on me will of the nation.
Whatever might be the feelings cf other gentlemen
on this subject, he had no hesitation ir» declaring, that
! although he was in favour of receding the territory of
Columbia, he should never feel himself authorised as
a representative of Virginia, to vote for a removal
of the seat of government.
In the observations he should make on this subject
he was willing to pursue the course taken by the gen
tlemenjfrom Maryland (Mr. Dennis), who had set
out with declaring, that he considered receding the
territory, as unconstitutional, and impoiick. He
would examine those twh questions, and first the
constitutional right of Congress to recede the terri
tory. If the words of the constitution were, that
Congress a/wr//exercise exclusive legislation over the
territory, there would be no douht but that like every
other part of the constitution they must be obeyed.—
Whatever inconvenience might attend the exercise
of this power by Congress, if by the words of the con
stitution it was positively enjoined as a duty, we could
not shrink from its performance. The words of the
-constitution are, that Congress “ shnH have power
to exercise exclusive legislation in all case* whatso
ever, over such district of eonntry, i*t-exceeding
ten miles square, as may bv cestioh df particular
States become the seat of the governmffttof the U-j
mted States. ” What do we understand tf 'tke words!
shall have power to exercise ? Not that .Congress j
shall; but that Congresn may, exercise eamaive le
gislation over this district, precisely as she may ex
ercise any other of her delegated powers. By the
first dame of the eighth section of the first artkle of j
the constitution, Congress shall have power to lay and
collect taxes, by -another clause,‘to borrow money,
and by other clauses yarious other powers, which
certeinly may, or maj not be-' exorcised, without a J
violation. /of the constitutionug for example, if
Congress washover to.lay a tax; was never to bor
Mw money; >vas never to lay an excise, or to pass'
an uniform law on the Subject of bankruptcy ; it could
\ nut be contended that the constitution was violated
because she did not owreise these powers;—yet in
all these cases the language of the constitution is,
•* Congress shall have power.” Nor did he suppose,
If Congress were never to exercise exclusive legisla
ting over this territory, it could be contended, the
constitution was violated; because this power, like
alt Others given under the differer.t clauses of the
eighth section, may, or may not, be exercised; as
the publtck exigencies shall require. None of the
clauses are mandatory. The national legislature is
in cvery.case left to determine whether the publick
good requires the exercise cf a particular power.—
If then Congress may net er exercise this power; arid
not violate the constitution; it follows, that the ac
thal exercise of exclusive legislation over this terri
tory, is not an essential part of the constitution, but
that this clause, like all others in the eighth section,
is a mere grant of power. If then this clause which
gives to Congress exclusive legislation over this ter
ritory, is only a grant of power, the use she may
constitutionally make of the power, depends on the
extent of the grant; and we may fairly enquire, whe
ther power over this territory is conferred on Con
gress, in terms so unlimited as to authorise its trans
fer to any other person or persons.
In order to decide this question, it wi.I he neces
sary to ascertain; what is the power conferred on
Congress over this district, by the terms exclusive
legislation, in all cases whatsoever. Is it the same
limited sovereignty, which she possesses over other
territories of the United States, which have not be
come Statesf Or is it an absolute sovereignty? In
countries where no written compacts or charters ex
ist between the people, and those who goveiit, sove
reignty is defined, to be the “ power of making laws.”
A right to dictate the rti'e of action in all cases sub
ject to ns controul is certainly a complete sovereign
ty. In this country, in the individual States, the so
vereignty resides in the people, and the legislative
power extends only, to certain specified objects, fix
ed by their constitutions. Under the general govern
ment also, the legislative power of Congress, so far
as it respects the confederated States, extends only,
to certain specified objects, fixed by the constitution,
and all powers, not expressly given, are reserved
by the States or the people. In speaking therefore
of the legislative power of a State, or of Congress so
far as it relates to the United States, we me.m no
thing more, than the power of malting such laws as
are authorised by the constitutions of the different
States, or of the United States. He supposed how
ever, that the terms “ exclusive legislation,” con
tained in the article, which gave to Congress juris
diction over this territory, had a very different mean
ing from the mere power of making laws. They did,
in his opinion, vest in Congress absolute sovereignty
over the district. He had no doubt but that the
words were selected for that purpose. An absolute
sovereignty, is the power to pass Jaws, without any
limitation, as to the exercise of that power. Let any
gentleman attend to the clause which gives to Con
gress jurisdiction over this district of country—Con
gress shall have power, to exercise exclusive legis
lation in all cases whatsoever. What is the limita
tion to this power? Is there any but the rectitude of
Car gross' Have the people of this territory any
charter of right? if they have, where is it to be
found ? Can they claim the constitution of the Unit
ed States as their charter of rights? They are not
parties to that compact. If they are at all parties to
that compact, it must be, as citizens of Maryland,
and Virginia. Whatever rights, as a portion of the
States cf Maryland, and Virginia, they might have
acquired, by being citizens of those States, at the
time the constitution of the United States was adopt
ed, were certainly lost, by the acts of cession of Ma
ryland, and Virginia. Hy that transfer they lost
their chartered rights under the State constitutions
of Maryland, and Virginia, and also the rights they
had acquired under the constitution of t’ue United
States as portions cf the States of Maryland, and
Virginia, at the time of its adoption. By tire acts of
cession, their right of property only, is secured ;
their political rights vested in Congress. And the
pe.'ple of this territory, have as good a right to claim
as their charter, the StatteanstiuiticnsofMarylar.il,
and Virginia, as they would have to claim the con
stitution of the United States. Their rights under
the constitution of the United States, were acquired
us citizens of Maryland, and Virginia, and their
rights .is citizens of those States arc lost. It is not
therefore in the constitution of the Uniaed States, we
arc to look for the limitation of the power of Con
gress as it respects this district. Is it in the people
of this district we are to look for this limitation ? Hava;
they any share in our election ? Are we in any shape
responsible to them ?—Are they represented on this
floor? Dj they pretend to claim, or exercise, any
political l ights ? If then nn absolute power to legislate
without coatroul, is an absolute sovereignty, and
there is no controul, either by charter, or in the peo
ple of this territory over the powet; of Congress, as
it respects this district, itfollows irresiiibly, however
galling it may be to the people of the district, that
as complete sovereignty over them as human lan
guage can give, is vested in Congress. That her
w ill is the law of the distiict of Columbia, and that
the political privileges of these people depend solely
on the moral rectitude of the national lee isle tore_
This doctrine is strengthened by the opinion which h..s
always been entertained, that the fi nu.cn> of the con
stitution intended to vest Congress with absolute
power within this district. And indeed lie had often
heard that one of the most conspicuous friends to this
monster in the constitution, declared, that liberty
ought not to exist within the ten miles square, that
one great officer, and one great prison, was the only
government which ought to be established within this
devoted territory. If, as he had attempted to shew,
an absolute sovereignty over the territory was vested
in Congress, it followed as a necessary consequence
that it might be transferred. The United States had
sanctioned the principle of transfer where the sove
reignty was complete, because they had acquired a
valuable territory under such a transfer.
But there was another point of view in which
this question might be placed. It was generally ad
mitted that under the terms “ exclusive legislation,"
Congress had power to exercise, or provide for the
exercise^ of legislative, executive and judiciary pow
ers, within this district. Some ofherpowers she mult
necessarily delegate because she cannot herself exer
cise them. If she can transfer a portion of her sove
reignty, she might, be presumed, establish a govern
ment tor the territory, and vest in it legislative, ex
ecutive, and judiciary powers. If Congress has a
right to establish a government for the territory, in
whom does the constitution require her to vest her
powers. She nSny vest them in one or more persons,
or in one or more corporations. There is no limita
tion on the exercise of this right if Congress posses
ses it at all. If she cae transfer her powers over this
territory to a government within the ten miles square,
what prevents her transferring these jiowers to a go
[ vemment without the ten miles square. Has not
Congress the same right to transfer her sovereignty
over the part of the territory bordering on Maryland
to that State, and her sovereignty over the part of
the territory Ixmleri.’ig cn Virginia to that State,
that she would have to transfer the same powers to a
government within the district.' The same clause
which gives her exclusive legislation is' the only
limiatirin an her power. Uy establishing a govern
merit for the district,Congrexs-weufd btf d! vested of
her exclusive legislation. By atransfer to Maryland,
and \ irgiuht, Congress wvuldhe invested of (ter ex
clusive legislation : Iso. The extent of the power
exercised in the tw«> cases is substantially the same
There was anotoer point of view in which this
question might be placed. This ten miles square Is
a portion of territory within the United States. It is
admitted that the people of this territory possess no
portion of the sovdeign power. The scveie'^n
power over this district then is either absolutely i»
Congress or Congress possesses a portion of the so
vereignty, and the residue is in the people of die in
dividual States or in the States. If Congress possess
ed the entire sovereignty, she might transfer as ho
had shewn. ^ If Congress possessed only a limited no
vel eignty wlvliin th*a district, it roust he derived iroin
the lid clause of the III. section of the 4th article c f
the constitution which declares “ that Congress shi'l
have jiower to dispose of and make all needful rule,
and regulations respecting the territory ami other
property belonging to the United States. Or in o
ther words Congress possesses the same power otcr
this territory which she has over other poi turns of
territory which possess population without being
States. In the exercise of her ordinary territorial
power. Congress during the last session, attached the
territory of upper Louisiana tn Indiana. If Congress
had a right to attach that territory to Indiana, why
may she not transfer this terr itory, divide it as she
did the territory of Louisiana, and attach a part to
Maryland, and a part to \ irginia, with the consent
of these States.
If the view he had taken cf the power nf Congress
over tills district was a correct one, it would nut
necessary to say much on the expediency of a mea
sure interesting to the people «f the district, to thu
people ol United States, and to the national ItgisL
ture. 1 he people of the district in returning to tin*
bosom of the respective sovereignties from which
. liHve been torn, will be again restored to the
rights of freemen. Instead of a miserable dependence
on the will of Congress, their i ights will stand on the
firm basis of a written charter* Their industry be
placed under the fostering c are of men elected annu
allvb) themselves possessing their feelings and inte
rests. 1 hey will quickly experience, the difference be
tween that legislation, which flowsfronq a cold sense of
duty without respot.- ibility, and the active and zeal
ous exertion excited bv a common interest and kept
up by proper responsibility, to tlount the beneficial
encctsof such a change to die people of this territo
ry, would be to call in question the great principles
of representative government. It is true that a gen
tleman from Maryland, has told- uu, that the right?
0, a people are sufficiently secure, if those who go
vern them have uo interest in injuring them. And
omt the advantage of a legislative body of their own,
might be questioned because too much legislation
was worse than none. The people of America ha-e
ever deemed the right of electing those who govern
thorn essentia! to freedom. The time he hoped, would
never arrive in this country, when this important
privilege snail cea-e to be valued. He should not
attempt todemonstate a first principle. If the gen
tleman from Mart laud had any doubts us to the bles
sing of self-government to a people, lie would re
commend to him a perusal of the history of Ameri
can iiulepciidnicc, in which he will find the patrict
whose shade he has invoked, devoting the beat peri
od of his life to toil and danger for the establishment
oi that principle. But we are told that the people
of tnis distiict deprecate a change, and prefer poli
tical slavery, to a full participation of American
rights. Do wc believe this to be a fact ? If it was n
fact it was to his mind a conclusive one in favour of
receding the territory. If this people have already
so far degenerated as to attach no value to the bles
sings of sell government, and prefer living destitute
of political rights, they are already instruments for
tj. rants. It is time for them to take a new lesson in
t.iepights of man. Let us restore them to a situati
on in which if they cannot acquire the feelings of
American citizens, their detestable principles may
not injuie the great mass of the community. Ills'
did not however believe that this was the sentiment
nf a majority of the people of this district. He did
not lieiiet e it was the fair sentiment of any portion of
the people in any port of the United states. He hat
no doubt if the question was fairly put to the great
ni-iss of any community, had you rather have your
person-, verr property, and rights, protected by
men elected by yourselves, or live dependent on men
in whose election you have no voice, over whose
power you have r.o controul ? that the anewer would
in every instance be in favour of po—ning these im
portant pi iviieges. What had been viewed as the
sentiment of the district, he considered only, as the
opinion of a fcwland-lords, who having embraced
the erroneous idea, that receding this teritory, would
eftect the value <~f their property, had misled and
enlisted on their side the people against they- sub
stantial interests. By what process of rensoringthis
people had been induced to believe that enlarging
their political rights would lessen the value of their
property, he did not know. It was U species of lo
gick he wished not to understand—as one of the re
presentatives of the United States he should consider
hi nisell bound to extend tothem those privileges which
every American ought to possess. He had always,
been taught ta believe that the privileges attached to
property constituted an important part of its value.
That in enlarging human t ight in a district of coun
ter, you enlarge also the means of human happiness
i a,a. give additional value to the property of the ci
tizen.
i he people of the United States will be freed from
the expense of legislating for this district. The
time destined for national purposes will be employed
tor the good of the nation, and not in local legislation
f t a territory, ’vh. se internal rcgulaticr.s must h»
time require more h ws, than all the general interests
ofthe union.They sVill restore to the rank of Ameri
can citizens a portion rf people doomed under me
inentary errour to political degradation. Their sys
tem of protection and rights wiil become uniform
throughout the United States, and our people be it
lit veil from an example, odious to freedom and dair
gurous to liberty, cf a political society existing in our
country destitute of jiolitical rights.
As it respects the National legislature he had al
ways thought this exclusive jurisdiction while it de
volved on them great additional labour, was not cal
cinated to afford them any additional security so free
dom in their deliberations. The legislative body of
a free country must stand on the broad basis of pub
lick opinion. In the faithful discharge of their du
ties ; they require not the hand of power to - protect
their deliberations.—An honest and enlightened le
gislature pursuing faithfully the pubiick interest, will
find in the attachment of a grateful people, that
safety which Would !>e in vain sought, in powers de
rived from parchment. Deserving the confidence,
and possessing th^: support of the nation, the nation,
allegislature can command respect in anv situation.
Let them forfeit that confidence, and if their juris
diction, absolute and uncontrouled, embraced the
whole continent instead of this ten miles square, the
frown of an indignant people would reach them. It
is not bv surrounding ycur capital with men destitute
of political rights that you ran exclude the voice of
freemen.. The sanctity of parchment power, used
as an rngine of r'p,,rpssjon js I1P^ hnown in this coun
ty* The virtue of the legislature is its only shield.
It is that alone which insures the support cf the na
tion. With the confidence of the nation we possess
its sword and it* purse',’ and can command the res
pect due te the representatives cf a free people.