Virginia Argus (Richmond, Va.), 1802-08-11 00:00:00

The VIRGINIA ARGUS
[Vol. X.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No. 304.]
RICHMOND:—PRINTED (ON WEDNESDAYS AND SATURDAYS) BY SAMUEL PLEASANTS, JUNIOR, PRINTER OF THE LAWS OF THE UNITED STATES.
[FOUR DOLLARS PER ANNUM—PAID IN ADVANCE.]
WEDNESDAY, AUGUST 11, 1802.
[12 1-2 CENTS SINGLE.]
Notice.
A DEED granted in April, 1801, by Gavin Corbin, Esq. and his lady, to the subscribers, for a tract of land in Hanover, called Spring-Garden, not having been duly recorded, through the non-attendance of the witnesses, and the said Corbin now refusing to renew the same, for certain alleged reasons, with which I will not trouble the public; I find myself compelled to give this public notice, that I possess an absolute fee simple title to the said land, for a valuable consideration, and that I have resided on and improved the same, for more than sixteen months last past.
And being very desirous to complete the contract on my part, as soon as the said Corbin shall perform it on his, by granting a complete assurance for the said land, and securing me against an actual incumbrance affecting the same, and others, if any; I do hereby invite and request all persons whatsoever, having any claims chargeable on the said land, to make them known to me, on or before the last day of the ensuing month, (August,) on pain of being confronted with this advertisement, at a future day.
SPENCER POANE. Hanover County, Spring-Garden, July 30th, 1802. (w1418)
New Light, OR THERMO LAMP EXHIBITION.
The Subscriber most respectfully informs the Ladies and Gentlemen of Richmond, Manchester and their vicinities, that
ANOTHER EXHIBITION Of the above important discovery will commence on Friday evening the 6th inst. at the Hay-Market Garden, and continue Saturday, Monday and Tuesday evening.
Particulars are expressed in Hand-bills.—Tickets may be had of Capt. Richardson, Goldsmith, and at the Book-stores of Mr. Prichard and Mr. Pleasants—also, at all the principal taverns, price 1 dollar, to admit a Lady and Gentleman twice.
BENJAMIN HENREY.
Richmond, 2nd August, 1802. N. B. THE ABOVE EXHIBITION will be conducted under the inspection of a committee of gentlemen who will publish their opinion on the utility of said discovery.
The subscriber informs his friends that he intends transacting
Commission Business.
On all consignments committed to his care, great attention shall be paid to give satisfaction, and reasonable advances made if required. Produce and goods stored and delivered on the shortest notice by
BARTLETT STILL. Richmond, 1st July, 1802. (w141)
N. B. CASH given for WHEAT.
Notice.
ALL persons having claims against the late firm of AUSTIN and ANDERSON (either on note or open account) are earnestly requested to make them known to the Subscriber on or before the 22nd instant.
WM. AUSTIN. Richmond, 8th July, 1802.
Wm. & J. H. Poulter
HAVING every reason to believe that they are possessed of the GENUINE matter of
COW-POCK,
Inform that they are now prepared to inoculate for that disease.
Should any gentleman wish to prove their security by Vaccination, from the contagion of Small Pox, by subsequent inoculation for the latter, they can be accommodated with a House for the purpose.
If, however, any should prefer to be inoculated for the Small-Pox, they may apply. [u]
Dissolution of Partnership.
THE PARTNERSHIP OF
AUSTIN & ANDERSON,
IS this day dissolved by mutual consent.—The books and papers are in the hands of WILLIAM AUSTIN.—All persons indebted to the concern, will make payment to him, who alone is authorised to close the business. All those having claims against the concern, will make application to him for payment.
William Austin. Armistead Anderson Richmond, 3rd May, 1802.
BY Virtue of a decree of the court of
the United States, for the fourth circuit in the Eastern Virginia District, bearing date the 10th day of December, 1801, wherein John Tyndall Ware, executor of William Jones, dec. who was surviving partner of Farrell and Jones, is plaintiff, vs. William Dandridge and Jane Dandridge, executor and executrix of Nathaniel West Dandridge, dec. William Mason, John Johnson and Robert Anderson, surviving trustees of the said Nathaniel West Dandridge, deceased, John Dandridge, Robert Dandridge and Nathaniel Dandridge, sons of the said Nathaniel West Dandridge, Patrick Henry and Dorothea his wife, Philip Payne and Elizabeth his wife, John Spotswood Moore and Ann Katharine his wife, Woodson Payne and Mary his wife, and Archer Payne, the said Dorothea, Elizabeth, Ann Katharine and Mary, daughters of the said Nathaniel West Dandridge, deceased, and devisees in his will, and Dandridge, of Alexander Spotswood Dandridge, defendants.
WILL BE SOLD,
To the highest bidder, for ready money, at the dwelling-house of Mr. William Pulliam, in Hanover county, on the 11th day of September next, the negroes mentioned in the deed on which the above mentioned decree is founded, if delivered.
FOUR THOUSAND
Acres of Land,
Lying on Allen's Creek, in the parish of Saint Martin's, in the said county of Hanover—Also
FOURTEEN HUNDRED AND EIGHTEEN ACRES,
Lying on Turkey Creek in the parish and county aforesaid—or so much thereof as shall be sufficient to raise the sum of one hundred and fifteen dollars and sixty eight cents, with interest thereon to be computed after the rate of five per centum per annum, from the sixteenth day of February, one thousand seven hundred and seventy five, till payment, and costs of suit and expenses attending the sale.
BEN. MOSBY, D. M. For JOSEPH SCOTT, M. R. V. D.
June 25, 1802. [td]
100 Dollars Reward.
RAN-AWAY from the subscribers, at Capt. Wm. Meredith's Tavern, Cumberland county, (Virginia) on the 24th inst. two likely negro fellows, (to wit,)
BILLY,
Purchased of Capt. Miller, Saint Mary's county, (Maryland) about the 20th May last, and probably may wish to make his escape back; he is about six feet two inches high, 31 years old, rather of a yellowish complexion, a large nose, but very flat and low between the eyes, long hair which he generally keeps combed back, a little bow-legged, bold countenance, and generally very polite—He is an exceeding good dancer and has a very good turn to mimick, both of which amusements he is very apt to indulge himself in when noticed by white persons. He wore away a blue sailor's jacket, striped cotton overalls, a linen shirt and a pair of coarse shoes.
The other named
RALPH,
Purchased of Mr. Joshua Millard, of the above mentioned state and county, near Leonard Town; he is about five feet ten inches high, remarkably well made, about 23 years old, thick lips, the upper of which turns up very much when he smiles, he is very polite in his address and plays exceedingly well on the violin; his clothes were when he went away, a sailor's short striped coat, a brown cloth shirt, linen overalls, white cloth waistcoat and breeches. They are both artful and cunning and no doubt will change their names and endeavour to get on board some vessel, or go into some of the northern states, in case they should not return to the place where they were purchased.—All masters of vessels are hereby forewarned harbouring said run-aways, or taking them out of the state at their peril. The above reward, with reasonable expenses, will be paid to any person apprehending, and securing them in any jail in this state, and giving six weeks notice in the Virginia Argus, of the place where they are lodged, or FIFTY DOLLARS for either of them.
ROBERT WALTON. JOHN HUGHES. 24th June, 1802. [jom]
A FEW COPIES OF
St. LEON,
A Tale of the 16th Century, By W. GOOWIN.
For sale at S. Pleasants' book-store April 6, 1802
Valuable Property
FOR SALE.
For the benefit of the Distributees of
the Estate of the late Mr. John Tabb,
Will be sold,
SEVERAL VALUABLE
Houses and Lots,
In the Town of Manchester.
Any person disposed to purchase are requested to apply to Mr. Benjamin Hather and Mr. Henry L. Bice, of that town, who are fully authorised to sell the whole or any part of the property upon such terms as they shall conceive most for the interest of the distributees.
William B. Giles. Amelia, July 14th 1802.
THE FRIENDS OF
MR. DAVID BUCHANAN, of London, are informed, that he will receive consignments, on which, if required, the subscribers will make advances in Sterling or current money.
The British ship ADVENTURER, now loading at City-Point for London, will receive to his address 200 hogsheads Tobacco, if immediate application be made to ROBERT & ALLAN POLLOCK & Co Richmond, or to
BUCHANAN & POLLOCK. Petersburg, 14th June, 1802. [4]
BY order of a Board of the Directors
of the Manchester Turnpike Company, I hereby notify the Share-holders, of the said company, that they are requested to meet at Mr. Brooks's Tavern in Manchester, the 30th day of August next, to supply a vacancy in the Directory.
DANIEL BEASLEY, Secretary July 26, 1802. [10]
THE term for which the subscriber
were connected in business having
expired on the 30th June last.
THE PARTNERSHIP OF
Johnston & Richardson
WAS ON THAT DAY DISSOLVED.
Those indebted to, or having claims on them will apply for settlement to EDWARD JOHNSTON, who will hereafter transact business on his own account.
EDWARD JOHNSTON. THOMAS RICHARDSON. Norfolk, July 12, 1802. [5w]
Land for Sale.
The subscriber wishes to sell
The Tract of Land
Whereon he resides, containing 1250 acres, lying just below Louisa courthouse, on the most public road to Richmond, and about 50 miles from that place, extending several miles along the road, and runs within less than half a mile of the south-house. There is a large dwelling house, a store house, and convenient out houses, several orchards, besides a large young or chard of the best fruit trees, and about twenty acres of good timothy meadow. The land lies well, clear of stone, is well watered, commands a fine range for cattle, is well adapted for the culture of grain, and a part of it good tobacco land. There has been cleared about 200 acres, none of which is worn out. There are several lots well manured. To the publican it would be a valuable stand. I would sell the whole, or a part, to suit purchasers. The payments may be made very easy.—For terms apply to
CHARLES VANCEY.
TO RENT,
A Commodious House,
Near the market and adjoining the tenement now in the occupancy of Mr. Arlett Buckner—it is well calculated for a private family, with a good Kitchen and small Garden—Terms may be known on application to
JAMES KLEND. 13th July, 1802. (H)
JUST PUBLISHED AND FOR SALE BY THE
PRINTER HEREOF,
Mr. Giles's Speech
ON THE
JUDICIARY BILL.
WHERE ALSO MAY BE HAD
BOWLETT'S
Tables of Discount
OR
INTEREST.
THE FOLLOWING
S C H E M E
OF A
LOTTERY,
Is to raise the sum of Two thousand dollars, for the purpose of repairing the buildings of
WASHINGTON HENRY ACADEMY.
THIS Seminary was once second to none in the State, except William and Mary; and its healthiness of situation and coniguity to Richmond, renders its re-establishment an object of great importance to the citizens of that place. In hour's ride in any emergency may obtain the best medical aid, and place children immediately under the care and management of their parents.
The prizes in this Lottery are certainly not so large as to attract in any very great degree the mercenary; while they afford, from the few blanks to a prize, a fair chance for profitable returns to those who may purchase tickets. It is the proposition of an institution so valuable to society, which ought to command the liberality of the public in general, but in an eminent degree those who reside near the place, and are consequently more immediately interested. It is presumed that if the importance of reviving this Academy, was justly appreciated, the citizens of the adjacent counties would of themselves immediately purchase all the Tickets.
 1 prize of 500 500  2 do. of 300 600  5 do. of 100 500  10 do. of 50 500  50 do. of 20 1000  300 do. of 10 3000  1000 do. of 7 7000 
2,800 tickets at 5 dollars } 14,000. not quite two blanks to a prize.
It is proposed by the above scheme, to raise 2000 dollars, by discount upon prizes done; which, at 15 per cent, will be the sum desired.
TICKETS
Are sold by the trustees, Thomas Finley Esqmd. Randolph, N. Jones, Wm. Pelliard, Servas Storis, John Benbrooks, Jno. A. Richardson, Samuel Scherer, Roger Gregory, Jr. W. Truchant, Thos. Steele, Benj. Pollard, Henry Timberlake, Benj. Oliver, Jr. Jno. D. Blair—and the money received from time to time, is directed to be deposited in the treasury, for the use of the successful adventurers, or of the purchasers of such tickets respectively, if any accident should require a reimbursement. (2m)
To the Public.
THE subscriber intends leaving this state for some time; the public are therefore notified, that Mr. MATHEW CREATHAM, of Chesterfield, is appointed my attorney in fact, and will transact all my business during my absence.
DANIEL GORDON. Manchester, July 20th, 1802. [ff]
STRAYED OR STOLEN,
From Mr. Ellison's pasture, about ten days ago,
Two Horses,
One of them a bob tail bay horse, four feet eight inches high; the other a light chestnut sorrel, about four feet nine inches high, and a lengthy mode horse, five years old. There is no white on either of the horses except some white hairs on the bay horse's shoulders. I will give 5 dollars to any person who will deliver them to Mr. T. White, in Richmond.
WILLIAM HALSEY. July 29th, 1802. [ff]
THE PARTNERSHIP OF
CAMPBELL & CLARK
WAS dissolved by mutual consent on the 8th instant. Those who have claims against that concern will please apply for payment to SAMUEL CLARK; and those indebted, are desired to make payment to him.
ARCHIBALD CAMPBELL.
SAMUEL CLARK.
SAMUEL CLARK
WILL carry on business in the House formerly occupied by Campbell & Clark. He has on hand a good assortment of DRY GOODS, and is in expectation of his customary supplies, which he will dispose of on moderate terms for Cash, or improved Notes, or County Produce. Richmond, July 27, 1802. [6w]
JOHN ARCHER ROBERTSON,
THROUGH the medium of this paper, informs the public that he has removed to this city to reside, and intends to practice law in the following courts, viz. the court of Appeals, High court of Chancery, for Richmond district, District court for the same, Federal circuit and district courts, the county courts of Henrico, Chesterfield and Amelia, and the Hustings court of Richmond: A strict and steady attention to all business confided to him, is promised, and collections made, when required, on the usual commission.
His attendance on the above courts will be regular, and his efforts unremitted to give every satisfaction.
Conveyancing executed in a fair hand and the most technical forms, at a short notice.
Letters of general credit of recommendation and responsibility for a due execution of official duties, from gentlemen of great respectability and pecuniary resources, can be exhibited if required. Richmond, July 29, 1802. (2e)
For Sale,
One of the most refined, handsome and valuable situations in the city of Richmond.
Formerly the residence of Mr. Joseph Payne—highly improved by Mr. Fenwick, of whom the subscriber purchased it during the last winter. It is attached to it at least four acres of land, well enclosed, highly improved, and now in red clover. The tenement has a valuable garden, abounding with vegetables and fruit trees.
The subscriber has just erected a new building on one of the lots, calculated to hold a carriage, four horses, four cows and all the grain and provender necessary for their support. The dwelling house is of a new, convenient and airy construction, having four good rooms and a passage on the lower, and three upon the upper floor—with a kitchen, laundry, store and lodging rooms for a number of servants, under the same roof.
The property may be purchased for less than its value—on two or three years credit.
J. FLEMING. Richmond, August 1st, 1802. [14]
Land for Sale.
THE tract of land, known by the name of Riverview, late the property of Orway Byrd, is offered for sale, on a credit of five years, on the purchaser's security, by a deed of trust on the land, together with a bond and good personal security, the payment of the principal at the time appointed, and the quarterly payment of legal interest from the date of the contract. This valuable plantation lies on James River in the county of Charles City, 25 miles from Petersburg, and 30 from Richmond; is therefore very convenient to trade, and has an excellent fishery.—The tract contains 800 acres by an old survey; a considerable part is wood-land, and very well timbered; the cleared grounds are well adapted to the cultivation of Corn, Wheat, and Oats, and there is a valuable Apple-Orchard, of good bearing trees, situated on the River. The dwelling-house, which is elegant, and in good repair, (having four rooms and a large passage on the first floor, and four rooms and a passage on the second floor, besides a store, which is spacious, and answers the purpose of a store-room,) stands near the River, with the advantage of a fine prospect, and a pleasant situation. There are several convenient out houses, and a Mill, sufficient to grind for a few families, on a stream, not far from the dwelling-house.—The Mill at present needs some repairs, which may be made at a small expense. Mr. Patrick Henderson, residing at Shurly, is authorized by me to receive proposals for a purchase, and to execute a deed to the purchaser in my name. This land is sold in pursuance of the last Will and Testament of Orway Byrd, deceased, and the title is unquestionably good.
ANNA BYRD, Adm ne , with the Will annexed of Orway Byrd, deceased. Mecklenburg, July 30, 1802. [ff]
WANTED TO HIRE,
IMMEDIATELY,
Fifty Negro Men;
To work on the Manchester Turnpike road. Apply to Mr. Daniel Beasley, of Manchester, or to the subscriber in Powhatan.
JAMES CLARKE. May 5, 1802. (6w)
Writing Paper and
Quills,
For Sale at this Printing Office.

HISTORY OF THE LAST SESSION OF CONGRESS. [CONTINUED.] INTERNAL TAXES.
On the 30th of December Mr. Davis moved the appointment of a committee to enquire into the expediency of repealing the acts imposing duties on stills and distilled spirits, on refined sugars, on sales at auction, and on pleasurable carriages.
Mr. Davis said his object in making this motion, was that the house should accomplish that directly, which had been this session attempted in so circuitous a way, as to embarrass and delay its proceedings. He saw no reason for going into a committee of the whole, in order to arrive at decisions that might better be made directly by the house itself.
On this motion a debate of considerable length ensued, in which, on the one side the reference to a select committee, and on the other a reference to a committee of the whole house, was advocated. No decision was had, and of course the motion of Mr. Davis was ordered to lie on the table.
Notwithstanding the marked indisposition of the house to adopt the resolution proposed by Mr. Davis, Mr. Bayard virtually renewed it, by moving that the committee of ways and means should be instructed to enquire into the expediency of repealing the laws laying duties on stills and distilled spirits, on refined sugar, on sales at auction, on pleasurable carriages, on stamps, and on the postage of letters.
This motion was supported by Messrs. Bayard, Rutledge, Griswold and Dana.
They expressed their opinion that it was full time to put a subject, which affected the vital principles of the revenue, in a train for decision: that the propriety of the repeal would depend upon the reductions made on a comprehensive view of our finances, which could only be taken by the committee of ways and means, to whom was committed generally whatever related to revenue; that, however delightful a reduction of public burthens might be, it was not ascertained that the government was prepared to take this leap; that a great question, first to be decided, was whether the impositions earliest removed should be subjects of internal taxation, or imported articles, and particularly the duty on salt; that in order to form a correct decision on the subject, a reference ought to be made to the committee of ways and means, who would report to the house the necessary information.
Mr. Macon supported the motion on ground somewhat different, and entirely derived from the propriety of giving the earliest attention to a subject of so much importance.
The motion was opposed by Messrs. Bacon, Luns, Smilie, Varum and Randolph.
They contended that the reasons urged in favor of the motion were conclusive against its adoption; that it was manifest that this was not the proper time for considering the subject, for that until the reductions that were to be made in the ordinary expenditures of the government were ascertained, it was impossible to decide with correctness how far a reduction or abolition of taxes would be expedient. No such decision had yet been made on the reduction of the army, the navy, or any other specific object; and that under such circumstances, it would be both rash and premature to precipitate a decision. It was, therefore, moved, that the committee, into which the house had resolved itself, should rise, to avoid a decision.
On this last motion the committee divided—Ayes 29—Noes 48.
When the reference to the committee was carried, and immediately confirmed in the house without a division.
During this debate, it was remarked by Messrs. Bayard, and Rutledge, that a difference of opinion appeared to exist between the President and the secretary of the Treasury on the repeal of the laws respecting the Internal Revenue: as was evident from the report of the latter, who in his calculations, reckoned on their continuance.
To this it was replied by Messrs. Macon and Varnum, that the inference was forced and unjust; inasmuch as the secretary of the treasury in his view of the United States, acting in his ministerial character, had taken the revenue laws of the United States as they stood, and predicted his calculations upon their continuance; that to have acted otherwise, and assumed their repeal as the basis of his observations, would have been a departure from propriety, and would no doubt, have been denominated arrogant and assuming. It was evident, therefore, that this circumstance proved no diversity of sentiment, as the recommendation of the President was involved in his constitutional discretion to advise the adoption of any measure, while the report of the secretary arose from a sense of his official duty as an executive officer, having no such discretion.
The success of the above motion arose from the unanimous vote of the federal, and the divided vote of the republican side of the house. By a part of the latter, it was considered as intended to make an impression that the committee of ways and means, before whom the whole field of revenue lay open, had not been sufficiently prompt in the discharge of their duty; and from this consideration, mingled
with a conviction of its perfect utility, it was chiefly opposed; while on the other hand, a part of the republican members in their impatience to accomplish an object so desirable as they considered the repeal of the internal taxes, seized an occasion, which they supposed would accelerate it.
Thus opened the campaign respecting the abolition of the internal revenues. It will be remarked, that the federal side of the house, during the whole of the discussion which ensued, conscious of the inferiority of their strength, and of their insufficiency to resist directly the measure of abolition, met it by a succession of incidental motions, subversive of unity of view, and calculated to involve the real merits of the subject in perpetually varying obscurity by connecting with it topics not in the least allied. With what views, these steps were taken, it might be uncharitable to decide; but their effect was through the whole progress of preliminary discussion to produce ex parte consideration, furnishing the opponents of the measure with an opportunity of bringing forward a great variety of topics urged in a style, calculated as they believed, to make some popular impression; while the friends of the repeal, anxious to exhibit an unembarrassed view of the subject, to save time, and to avoid all useless invocation of irrelevant topics, declined to notice, or but cursorily animadverted on them as they occurred.
The second incidental step taken, to frustrate the repeal of the Internal taxes, was a proposition made by Mr. Bayard on the 12th of January, to refer to the committee of Ways and Means the consideration of the expediency of reducing the duty on salt.
This proposition was strenuously urged by the federal, and resisted by the republican side of the house, who moved the previous question, which, after a debate that occupied the entire day, was carried—Yeas 49—Nays 41.
The third incidental effort to frustrate the repeal of the Internal taxes was made on the 22d of January; when Mr. Rutledge moved that the committee of Ways and Means be instructed to enquire into the expediency of reducing the duties on brown sugar, coffee, and bohea tea.
This motion produced a debate which occupied the remainder of the sitting, during which the previous question was moved.
Those who supported the reference were, Messrs. Rutledge, Dana, Griswold, Bayard, Goddard, Dennis, and T. Morris. Those who opposed it were, Messrs. S. Smith, Claiborne, Smith, Southard, Giles, Elmer, Nicholson, and Davis.
In support of the motion, it was said that as the prosperous situation of the country justified a reduction of the taxes, it became important to select, as fit objects of reduction, those impositions which were the most unequal and oppressive; that of this nature were the duties on brown sugar, bohea tea, and coffee, which were exorbitantly high; that the duty on sugar amounted to 50 per cent on its value; that on tea was as high; and that on coffee to 40 per cent; that these duties fell with peculiar severity upon the poor; that they were specific duties, predicated on war prices, which would undoubtedly fall, and with the declension of which the duties should also fall; that their reduction would be the only means of preserving their proportion to the duties laid ad valorem ; that it was proper that these considerations should be submitted to the committee of Ways and Means who, having thus the whole subject of revenue before them, would be enabled to determine the most proper articles on which a reduction of duties could be made, whether relative to the internal revenue, or our external trade.
Those who opposed the reference declined entering into a discussion of the merits of the motion, which they declared premature and useless, and alleged that the house had already referred the whole business of revenue internal as well as external to the committee of Ways and Means; to prove which the following extract from the journal was read.
"Resolved, That the committee of commerce and manufactures be directed to report whether any and what alterations are necessary in the laws imposing duties on the tonnage of ships or vessels, and on goods, wares, and merchandise, imported into the U. States."
"Resolved, That said resolution be referred to the committee of ways and means."
They urged that such a reference could only tend to embarrass the operations of the committee of ways and means. When the report of that committee was made, it would be seasonable to offer any proposition, whose merits would then be duly weighed. Such propositions as the present only tended to retard business. Its object was to defeat a repeal of the internal taxes, it ought to be resisted: as those taxes, from their oppressive operation, should be first removed; being odious in their nature, enormously expensive in the collection, and grounded on a system of espionage hateful to a free people; under them, instead of every man's house being his castle, it was thrown open to the lowest revenue officer; and their effect was to swell executive patronage, by creating a host of officers who took their political tone from those on whom they were dependent, and diffused their sentiments throughout the nation.
On the previous question being taken, as follows: "Shall the main question be put?" It was carried in the negative—Yeas 45—Nays 49.
The fourth incidental effort to impede or frustrate the repeal of the internal tax was made on the 25th of January by
Mr. Thomas Morris, who moved, that the Secretary of the Treasury be directed to exhibit a statement of the duties which have been paid on stamps by each state in the union, distinguishing the amount of the said duties paid by the commercial cities within each of the states.
This motion, under the impression that it was intended for the purpose of delay, was rejected without debate.
The fifth incidental effort to embarrass the repeal of the internal taxes was made on the same day, by Mr. Bayard, who moved, that the Secretary of the Treasury be required to lay before the House a statement in detail of the expenses incurred in the collection of the internal revenues of the United States; distinguishing, where the same may be practicable, the expenses attending the collection in each branch of the said revenue; and also, such an estimate of the reduction of said expenses, which may conveniently be made.
This motion was supported by Messrs. Bayard, T. Morris, Griswold, Huger, Rutledge, and Goddard;—who declared that it was not their object by any partial mode of procedure, to gain an advantage on the public opinion, though they were well aware that those who viewed their measures with a jaundiced eye ascribed such motives; they declared it to be their wish to go hand in hand with the administration in reducing the public burthens so far as the situation of the country would justify; a bill had passed the house in relation to the army, which contemplated a large saving, and other retrenchments were expected in the navy, and in the civil list, by which the legislature would be enabled greatly to diminish the public burthens. But the important question was, what taxes should be first abolished or reduced. A leading objection made to the internal revenue arose from the expenses of collection. To determine what those were in detail, as applied to each branch of the revenue, was the object of the motion, that the house might decide whether some items might not be retained while others were lopped off; which might be recommended by the different expense of collection attached to the several items; for instance, though the aggregate expense appeared to be 20 per cent, it was believed that that on stamps did not exceed 5 or 6 per cent.
Mr. Randolph desired the clerk to read an extract from the report of the secretary of the treasury, then before the House.
The clerk accordingly read it, as follows:—
"It will appear by the same statement, [M] that whilst the expenses of collection on merchandise and tonnage which are delayed out of the revenue, do not exceed 4 per cent; those on the permanent internal duties, amount to almost 20 per cent. This, however, is an inconvenience which on account of the great number of the individuals on whom the duties are raised, and of their dispersed situation throughout the whole extent of the United States, must, more or less attach to the system of internal taxation, so long as the wants of government shall not require any considerable extension, and the total amount of revenue shall remain inconsiderable."
No other notice being taken by the republican side of the house, on the motion or arguments urged in its support, its friends assumed a lofty tone of indignation at the contemptuous silence. They declared themselves embarrassed by this new mode of transacting business, in violation of the ordinary procedure of legislative bodies, in which, if propositions were made, disagreeable to the majority, it had been the uniform practice to assign the reasons for their rejection; they thanked God, that though they had not the benefit of hearing gentlemen on the other side express their opinions, they still enjoyed the liberty of delivering their own sentiments. They asked, what business they had to do there, if the information they desired was refused? Did gentlemen mean to drive them from that floor, and were they ready to say that their services were no longer wanted? If such conduct were pursued, they declared that they would not only be justified in no longer keeping their seats; but the nation would expect it from them.
The republican side of the House, determined themselves to avoid a useless waste of time, while they listened with patience to the arguments and sarcasms of their opponents, remained inexorable to their purpose; and the question being taken, Mr. Bayard's motion was lost—Yeas 37—Nays 57.
The sixth incidental effort to embarrass the repeal of the internal taxes was made, on the same day, by Mr. Rutledge, who once more called up his resolution, which had been some days previously set aside by the previous question, for instructing the committee of ways and means, to enquire into the expediency of reducing the duties on bohea tea, brown sugar and coffee.
This motion was enforced by Messrs. Rutledge, Griswold and Huger without a word of reply from the republican side of the House. This called up Mr. Dana, who pronounced a long ironical eulogium on silence, and who having sat down, and the question being loudly called for, Dr. Eustis begged the speaker to state it as listening to the gentlemen from Connecticut, he had really forgotten it.
The question was then taken on Mr. Rutledge's motion by Yeas and Nays, and lost—Yeas 34—Nays 58.
The seventh incidental attempt to embarrass the repeal of the internal taxes was made, the same day, by Mr. Bayard, who called up again his motion to refer to the
committee of Ways and Means an enquiry into the expediency of reducing the tax upon salt.
The hour being late, the question was taken on this motion, without debate, and lost—Yeas 32—Nays 67.
The evident diminution of the vote of the minority on these incidental questions, as they were successively offered, should have taught the leaders of that minority to forbear from making any further incidental opposition. The object of all these repeated motions being the same, it became manifest even to superficial observation, that they were presented in these constantly varying hues with no other view than that of evading the rules of the House, which inhibit a repetition of the same vote during the session. The scene appeared disrespectful to the nation, who had a right to expect from its representatives a demeanor dignified and decorous, and correspondent to the importance of the duties with which they were clothed.
CONGRESS. HOUSE OF REPRESENTATIVES. FRIDAY, February 19, 1802. DEBATE.
On the bill received from the Senate, entitled "An Act to repeal certain acts respecting the organization of the courts of the United States."
(Mr. Bayard in continuation.)
Let us next consider, sir, the present state of the circuit courts.
There are six courts, which sit in twenty two districts, each court visits at least three districts, some four. The courts are now composed of three judges of equal power and dignity. Standing on equal ground their opinions will be independent and firm. Their number is the best for consultation, and they are exempt from the inconvenience of an equal division of opinion. But what I value most, and what was designed to remedy the great defect of the former system, is the identity which the court maintains. Each district has now always the same court. Each district will hereafter have a system of practice and uniformity of decision. The judges of each circuit will now study, and learn and retain the laws and practice of their respective districts. It never was intended, nor is it practicable that the same rule of property or of proceeding should prevail from New-Hampshire to Georgia. The old courts were enjoined to obey the laws of the respective states. Those laws fluctuate with the will of the state legislatures, and no other uniformity could ever be expected, but in the construction of the constitution and statutes of the United States. This uniformity is still preserved by the control of the supreme court over the courts of the circuits. Under the present establishment, a rational system of jurisprudence will arise. The practice and local laws of the different districts may vary, but in the same district they will be uniform. The practice of each district will suggest improvements to the others, the progressive adoption of which will in time assimilate the systems of the several districts.
It is unnecessary, Mr. Chairman, for me to say any thing in relation to the district courts. Their former jurisdiction was not varied by the law of the last session.
It has been my endeavour, sir, to give a correct idea of the defects of the former judicial plan, and of the remedies for those defects introduced by the law now designed to be repealed. I do not pretend to say that the present system is perfect, I contend only that it is better than the old. If, sir, instead of destroying, gentlemen will undertake to improve the present plan, I will not only applaud their motives, but will assist in their labor. We ask only that our system may be tried. Let the sentence of experience be pronounced upon it. Let us hear the national voice after it has been felt. They will then be better able to judge its merits. In practice it has not yet been complained of; and as it is designed for the benefit of the people, how can their friends justify the act of taking it from them before they have manifested their disposition to part with it?
How, sir, am I to account for the extreme anxiety to get rid of this establishment. Does it proceed from that spirit which since power has been given to it, has so unrelentingly persecuted men in office who belonged to a certain sect? I hope there will be a little patience; these judges are old and infirm men; they will die, they must die; wait but a short time, their places will be vacant; they will be filled by the disciples of the new school, and gentlemen will not have to answer for the political murder which is now meditated.
I shall take the liberty now, sir, of paying some attention to the objections which have been expressed against the late establishment. An early exception, which in the course of the debate, has been abandoned by most gentlemen, and little relied on by any one, is the additional expense. The gentleman from Virginia stated the expense of the present establishment at 137,000 dollars.—On this head the material question is, not what is the expense of the whole establishment, but what will be saved by the repealing law on the table. I do not estimate the saving at more than 28,500 dollars. You save nothing but the salaries of 15 judges of 2000 dollars each. From this amount is to be deducted the salary of a judge of the supreme court, which is 3500 dollars. Abolishing the present system will not vary the incidental expenses of the circuit courts. You save a circuit court whose judicial
of expenses will be equal to those of the court you destroy. The increased salaries of the district judges of Kentucky and Tennessee must remain. It is not proposed to abolish their offices, and the admissions upon the other side allow that the salaries cannot be reduced.
If there were no other objection, the present bill could not pass without amendment, because it reduces the salaries of those judges, which is a plain undeniable infraction of the constitution. But, sir, it is not a fair way of treating the subject to speak of the aggregate expense. The great enquiry is, whether the judges are necessary, and whether the salaries allowed to them are reasonable? Admitting the utility of the judges, I think no gentleman will contend, that the compensation is extravagant.
We are told of the expense attending the federal judiciary. Can gentlemen tell more of a government under which justice is more cheaply administered, add together the salaries of all your judges and the amount but little exceeds the emoluments of the Chancellor of England. As certain the expenses of state justice, and the proportion of each state of the expense of federal justice, and you will find that the former is five times greater than the latter. Do gentlemen expect that a system expanded over the whole nation is to cost no more than the establishment of a single state? Let it be remembered, sir, that the judiciary is an integral and co-ordinate part with the highest branches of the government.—No government can long exist without an efficient judiciary. It is the judiciary which applies the law and enables the executive to carry it into effect. Leave your laws to the judiciaries of the states to execute, and my word for it in ten years you have neither law nor constitution. Is your judiciary so costly that you will not support it? Why then lay out so much money upon the other branches of your government? I beg that it will be recollected that if your judiciary cost you thousands of dollars, your legislature cost you hundreds of thousands, and your executive millions.
An objection has been derived from the paucity of causes in the federal courts, and the objection has been magnified by the allegation, that the number had been annually decreasing. The facts admitted, I draw a very different inference from my opponents. In my opinion they furnish the strongest proof of the defects of the former establishment, and of the necessity of a reform. I have no doubt, nay, I know it to be a fact that many seniors were diverted from those tribunals by the fluctuations to which they were subject. Allow me however, to take some notice of the facts. They are founded upon the presidential document No. 8. Taking the facts as there stated, they allow upwards of 50 suits annually for each court, when it is considered that these causes must each have exceeded the value of 500 dollars, and that they were generally litigated cases, I do not conceive, that there is much ground to affirm, that the courts were without business. But, sir, I must be excused for saying, I pay little respect to this document. It has been shown by others in several points to be erroneous, and from my own knowledge, I know it to be incorrect. What right had the President to call upon the clerks to furnish him with a list of the suits which had been brought or were depending in their respective courts? Had this been directed by Congress, or was their any money appropriated to pay the expense? Is there any law which made it the duty of the clerks to obey the order of the executive? Are the clerks responsible for the refusing the lists or for making false or defective returns? Do we know any thing about the authenticity of the certificates made by the clerks? And are we not now aiming a mortal blow at one branch of the government, upon the credit, and at the instigation of another and a rival department? Yes, sir, I say at the instigation of the President, for I consider this business wholly as a Presidential measure. This document, and his message shew that it originated with him; I consider it as now prosecuted by him, and I believe that he has the power to arrest its progress, or to accomplish its completion. I repeat that it is his measure. I hold him responsible for it; and I trust in God that the time will come when he will be called upon to answer for it as his act. And I trust the time will arrive, when he will hear us speaking upon the subject more effectually.
It has been stated as the reproach, sir, of the bill of the last session, that it was made by a party at the moment when they were sensible, that their power was expiring and passing into other hands. It is enough for me, that the full and legitimate power existed. The remnant was plenty and efficient. And it was our duty to employ it according to our judgments and consciences for the good of the country. We thought the bill a salutary measure, and there was no obligation upon us to leave it as a work for our successors. Nay, sir, I have no hesitation in avowing, that I had no confidence in the persons who were to follow us. And I was the more anxious while we had the means to accomplish a work which I believed they would not do, and which I sincerely thought, would contribute to the safety of the nation, by giving strength and support to the constitution through the storm to which it was likely to be exposed. The fears, which then felt, have not been dispelled, but multiplied by what I have since seen. I know nothing which is to be allowed to stand. I observe the institutions of the government falling around me, and where the work of destruction is to end God alone knows.