davidaulloa/AmericanStories huggingface dataset:
Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-01-14

~''o, "o q HIdttcI OF Quty, per-
Torrance of the acts we cou6de to them !:
but we give them the power, and until
they refuie to exercife it, we have no caufe
to- complain.
He did not believe this proyiio necena-
ny. Butes1p Come gentlemen thought it was
neccdary, he would vote fer it.
MIR. Bird declared himielf Gill of op;ni-
on, that the delegation Of judicial power
to the fate courts was unconstitutional.
his is denied by the gentleman from Ma
ryland. The argument he makes uie of
itands thus He denies the unconilitution-
atty of the transfer, becaufe we have prsc-
tiled 1t; therefore we have the power.
Is this correct resfoning? Does the prac
tice ola particular thing demonttrate it to
be right?
The extreme difficulty Of fre:ching out
judicial power In federal tribunals, which
was alledged, was not quefion Of right
but of expci;ency. If it were qaeAion
of right, then mutt the queficn Of right,
as hyperion, fuperfede the minor queition
ofexPedieney.
Some gentlemen feemed to think, that
as ioon as Congrefs pats particular law
there exits right and duty in the fate
courts to execute it. But our own prac
tice defroys this idea for all our laws
on the fubjeet 07ualy Igiv< COVER to the
fate courts; the expreHion is, they nay
bave 'jurifdieicn In certain cafes.
1t had been aiked, whether the laws of
the i. States did not bind the fate Judges.
He anfwered, that they bound them as CT
tizens, but not as judges. Even the gen
tleman from South-Carolina admits that
there is no obligation inpoied upon them
to act. This furnifhed a Grong argument
of the inconiiaency of gentlemen, as tie
judges were neither bound to execute our
laws, nor punifhable fo1 emitting to execute
them.
Further, the infitusion of judiciary
co-extenfve with the other branches of
the government, was enential to the due
administration Of all juf plans Of civil
policy. On the judiciary depended the
fair administration of jufice. 1t was an
organ Of efential ufe and necefity. 1t
ihould be attached to the fyaem of which
1t formed part, independently Of all o.
ther fyfems. AS well might the organ
of one human body expect to derive fup-
port from the organ ofanother difconnee-
cd body, as the. federal Judiciary expect to
gain fupport from fate tribunals. So
thought the trainers Of the contribution;
and cotemporaneous commentator on it
has declared that judiciary co-extenGye
with the Legislature is 70 natural as not to
require argument to.fupport it.
Mr.. Bird then went over the fame
ground with that taken by him in FORM
er debate, to which we refer the reader.
He concluded by declaring that until
the point was better cleared of conftituti-
onal objections, all arguments Of inexpe-
diency --ore. pee
Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-01-14

/, MIR MOTT faid, the fmplc quea;on was
whether the Congress Of the u. States lad
! or had not the conftisutional right oftrani.
ferring to the fate judiciaries the power
OF trying cauics arifng under the conifitu.
ton or laws Of the United States. In
d'.cufiing this queeion he fhou.d not con-
fider the consequences refulting from the
deciiion, for although the consequences
might be as his colleague (Mr. Harper)
had represented that the judiciary ofthe
United States mutt be made co-extenfve
with the fate jndiciaries, if this power
was not admitted, yet if 70 the co1lifitu-
ton was written, 70 it mutt be underffccd.
The contribution could not be bent as con-
venience might require. The decihoa
therefore mutt be made by the ina,umenr
itfelf.
Inc contituticn pscvidcd:;Ilat the Judi
cial power of the United States f,,ould be
vetted In one fupreme court and fuch irfe-
rior courts IS the ccngrefs might from time
to time ordain and eitsbliih; and alto thar
they lhould hold their Offices during good
behaviour, &c.-Mr. N. faid the claufe in
the contribution requiring inferior courts
was equally imperative with that requiring
fuPre1ne court, with this difference only
that thej fupreme court was limited to one
but the details of the inferior courts were
left to congreE. The cxprefion, ;ufe,or
esurfs was technicle exprefion, as well
underftood by every lawyer as any in our
law books-It meant court pofeGed Of
subordinate powers within the fame judith
airy fyaem, ard neceHarily implied iii-
Perior court capable of confronting an IN
due exercife of tllofe powefs the
fate Legislatures might with much prcp-i-
ETY. beealled inferior TO the federal iesiGa-
ture, or the executive of any fate be called
a fubordisate officer of the PreGdent of the
United Slas, as the Fate cour.s could be
ccni!dtred inferior courts of the United
States..
The word. in the contribution were
g fuch inferior courts as Cosgreis may
ordain and eitablifh :" and it was not
fuficient to fay that by giving power to
try caufes arifng under the contribution,
&c. you gro ad boz made them courts Of
the United States; for there was an ef-
fential difference between ordainine and
eftablhhing courts and transferring power
to courts already ordained and effabliihed.
The obvious meaning Of the contribution
was that the judicial power Of the United
States fhould be confded to courts eta
bliihed and organized by their own GO
vernmcnt. Befdes, MIR. Mott obfcrved,
Il was required that the judges fhouldhold
their Offices during good behaviour -
but this was not the cafe in the feveral
fates; III fome, he faid, they held their
commifions for limited time in others
during the pleafure of the Legislature, and
in others they could not hold them after
certain period Of life.
There was another objection, he faid,
to this mode Of appointing officers Of the
Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-01-14
FIRST NOTICE.
Whereas a ConrninlOn 81
On THURSDAY,
Amoup uk;ck are

pVllCICdS d communion OF
Bankruptcy is awarded and itlued forth
sgalnit E!itha Ca!ien Dick of the town of
Alexandria, and he being declared bank
iuPt IS hereby required to furrender him
ielf to the comrnifiioners in the faid COM
milton named, or the ma ;or part of them,
on the seventeenth day of this month, at
Twelve o'clock in tie forenoon, at the
Warrington tavern, in Alexandria, and
make toll diicoyery and difclofore of his
eitate and effects; when and where the
Creditors of the faid Elifha Cullen Dick,
sl'h e. in his ferarate capacity or as one Of
tae late hou1e of James Meaie M'Rea, and
company, may attend, prepared to prove
uelr debts-At the fecond citing Of the
commissioners, the laid bankrupt is to go
.aalougn his iecond examination; and at
sae nr lifting the laid bankrupt is requir-
~. % nnilh his examination, and the Gre
I G.r aioreiaid to chooie sf1igrees, of which
.su;equent fitting due notice will be given
u the Creditors are to anent or diiIent
. no,a the allowance of his certificate. All
e e. indebted 10 tie faid bankrupt, or
m,.0 nave any of his effects, are not to
~ o. deliver the fame, but to whom the
po,;oa u ilaall appoint, but to give
HENRY MOORE,
Clerk to the Commi1ion.
-lennafy g, 1901. IT
al, ~ Q TICE.
.s,,.e p Pc having claims
p;s . tue eita.e Of the late THoMas
WA Is En- are requeRed to bring them for
a,d s ~, ~ or before the .frft Of March next.
,eous sols ifdtbtedto him are RESPECTFULLY
'eque''ed to make payment,ro
I.,. oARAH PORTER, Adm'x,
lz)se
Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-01-17
LONDON, December Z,
PRICE OF Flour.

GRAvRs-END, November II.
ARRIVED,
Sampfon, Adamfon, New York Co.
lumbus, --, do. RiGng Sun, jack
fon, Bottom; Aurora, Collect, Charlei-
ton; Atlanta, Scale, Virginia.
Deah-Arrived, Fair American, Da-
Wis, Virginia; Hampton, Lee, Baltimore;
CLde-Arrived, Mary, Mills, SaSa'
nnah; Pallas, Bowdoin, Charlefton.
Cork-Prudence, Berry, Philadelpha'
Hambuvg- Wolcers, New-Yofk;-
William and John, Baltimore.
Ship Atlantic, Hutchnigs, OF and ia
Philadelphia from Amferdam, went alhols
in the gale of the 9th, and got oft WIN
lois of her MATS.
Ship Harmony Wickham of this p0''
Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-01-17
Very late and IMPORTANT.
THURSDAY, January IS, 1901.
NEW YORK, January IL.

On Saturday evening arrived at this port,
the Britih packet Duke of Clarence,
in IS days from Falmouth, with Lon
don papers to the sd Of December, a file
ofwhich is received at the Office of the
Mercantile Advertiser.
Thefe papers afford intelligence Of the
hrf political Importance. AS one bold
effort towards a maritime confederacy
OF the powers of the North, for the
purpofe of refhfing the principle of
what has been ufually denominated the
right Of fearch," Paul l, Of Rutia,
Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-01-17
RUSSIA.

In the Britifh Houfe of Commons, on
the LIT December, Mr.. Sheridan exprefTed
hlmielf thus of the difpute with Rufia:
Without giving any opinion upon
that difpute; without faying whether any
guarantee could be given with refpea to
ihips under convoy Of neutral powers, l
have no hefitation in Eating, that if the
privilege, we contend for be that under
Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-01-17
pie from opprefive taxes, and that will
produce the effect.

the effect
THURSDAY, January IS, 1901.
MIR. Otis, as chairman of the committee
appointed to enquire into the Gate of the
Treafury, in conformity with the requeA
Of the late Secretary, informed the houIe
taat the committee expected tobe prepared
to report in two Or three days. In ma
king the inveaigation, the conmittec had
not confidercd it as incumbent on them to
enter into an examination Of all thofe long
details which had already been under the
eye of the houfe. They had however
carefully examined tho(e tatemcnts which
had not been infinitely exhibited to the
houfe; and, indeed had made every enqui-
ry that in their opinion was nccef1ary to
a correct understanding of the fate of the
treafury. AS, however, the committee,
in the enquiry made, had been left alroa
entirelyto their own diieretion, and might,
perhaps, have failed to take all thcfe views
that members, might deGre, he was inf3ruef-
ed by the committee, at the inRance of the
Secretary and Comptroller Of the Treafl-
ry, to .invite-any members, who were de-
irous OF having any particular information
to ftate their requeit, which might be at
tanned by propoing lpecifc inRructions to
the committee, who would mott cheerful
ly cooperate IN the furtherance Of their
object.
Mr.. Otis pyefented a long letter from
the Secretary of the Navy, prcienting a
comprehensive view of the naval depart
| ment, which was ordered to be printed
without being read.
Mr.. Otis prefented a petition praying
the interpoGtion of Congrefs in aFording
r~eliefto the holders of certain descriptions
OF paper money, Whole reference he moved
| to the committee of Claims.
The reference was oppoied by Menrs.
Macon, and Grifwold, ON the ground of.
the prayer of the petition having been al
ready decided upon.
Onthe queflion, the reference wassloR
by alIloit. an unanimous vote.
1t was then refolved that the PRAYER of
the petition cannot be granted.
The houie then went into a committee
| OF the whole on the report Of the commit
tee o fways and means, on a motion made
by Mr.. Cooper to repeal the act for
the valuation Of lands and dwelling hou-
les &c.
On this fubjca fome debate enfued,
which terminated in the reference to the
committee OF ways and means, an enqui-
ry into the expediency Of repeating the
aet.
A motion was made to 90 into a com
mittee OF the whole on the report of the
committee Of revival and unlimited bufuefs
recommending a continuation of the Sc
DITIoN Law, which was rejected.
Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-01-17

has laid a general embargo on all Britih
venels, in his dominions, and in fome
i~nffances has imprifoned the captains of
iuch vefels without aHigning a motive
for his conduct ; and the government
Of @. Britain has given the neceiIary
orders for making vigorous reprifals.
The king of Pru0ia manifehs his difpoG-
tions to coalsfce with Paul, on the
grand Object for which the latter is con
tending, and has feized upon Cruxha.
ven IA fmall fea-port at the mouth Of
Etbe) with view, it is thought of fa-
cilitating his defgns upon Hamburg,
and of ~annexing thefe two places to His
w dominions-thereby acquiring for
himfelf fome conlequence in the mari
time balance Of power.
It is conjectured too, that the emperor Of
Rulia is no without views of terrific
rial aggrandifement at the expence of
Turky. The throne OF Sultan Sel:rl
trembles TO its foundation. The French
are eiablihed in Egypt; the army Of
the rebellious PatIawan Oglon is in
mighty force; the emperor Paul has
made a specious re4u,iition fer indcinni-
ties, as a cover for fomc preneditated
de6gn; and either Of thele powers, or
perhaps the whole corjointly, nnay,raite
a convulfion that faall completely revo-
lutionize the Ottoman empire.
From Buonaparte's address % the French
nation (which haIl be given in ca.
next may be gathered the fentiu,ents
Of the government on the convention
lately concluded with the u. States.
From this paper it appears, alto, that
in confequence of fo.ne ~miflnderftard-
ings at the Ccngre{s Of Luneyil'e, fari-
Gus approximations are entertained that
the negotiations Will DC broken off, ana
that holilities will lpeed;ly recon
memo between France and Au.tria. In
deed, it was rcmoured that the Eng
lilh government were III ponelion q
the fact Of hollilities having actually
taken place; but this remained unccn-
frmed on the I'd Of December. To
provide againa fuch an emergency,
which both parties expected would IN
avoidabiy happen, Buonaparte hello
himfelf in readiness to take the field,
part Of his baggagehaving been fent on
to the army from Paris and, On the
other hand, Aufria was uniting all her
energies to give them afuitable reccp-
ton.
Whit thefe momentous concerns are agi-
tating the European continent, Great
Britain lin addition to her uiual routine
Of buiinefs) is engaged in making prepa-
rations for refi}ing the northern conEc-
deracy /; in fitting out another expediti-
on to Holland in favor Of the hadthold-
err; and in providing a remedy for the
general fcarcity whichprevails through
out the Kingdom. On the latter fub-
jeet, a committc Of the houfe Of COM
mons has prefented an interefing report,
which, with number of other valuable
articles from our file of London papers,
will appear in the Mercantile Adyetifer
Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-01-17

F~ormyfelf, faid MIR. C.Ipay little re-
gard 70 that wifdom that rifles up in day
to that wifdom which has fprung up fince
the third of pecembr. Our Old princi-
pies 1 co1hder as good ones, and I am
Till for them.
:Hethen moved to Rrike out the whole
i~eetion, with a'view of introducing an a.
mendment for apportioning the ~lalaries of
the judges to their duties and expenfes.
Mr.. Harper faid gentlemen had COM
.mitted n egregious miftake; they had
-;tonfounded diRriet with circuit courts
n the lait of which the expences of the
Judge were to predetermined by the diaance
he had travelled, and not by the number
ofluits he had tried.
Gentlemen were nafaken In their no.
tions about the degree of bufnefs in the
federal courts. The very gentleman from
Kentucky(Mr. Davis had on a former oe-
CATION fated the exiAence, he knew not
OF how many hundred fuits in the diG-ica
court OF that fate. There was not a
doubt Of their being in the weftern coun-
try great litigation about titles to lands,
and a lively jealoufy of the fate courts a.
mong claimants who lived at a diNancc.
The preient diitriet judge of Maryland,
notwithstanding the poleiiion of a hand
fome private fortune, had been obliged to
retire from Baltimore, and live on his farm.
And yet his travelling cxpences were tri-
fling compared with thofe Of the circuit
judges, who have to perform FIVE times as
much travelling as the fate judges
When you deduct ali travelling expenfes,
you will reduce the ~ialarics below I,sco
dollars.
MIR. S. Smith. The gentleman from
South Carolina is incorrect in his fate
ment Of facts. With refpeH to the diff.
tria judge Of Maryland he believed las
he had the information from the Judge
himfslf) chat he had retired of choice to
an elegant country feat, which he, purr-
chafed.two years ago, before he was APP
pointed Judge, with a view ofsrefiding on
Mr.. H. Lee was in favour of adequate
and liberal congratulations to the members
OF the judiciary, fuch~ compensation attract
ed to thofe offices talents, integrity and
reputation, which cemened and frength-
ened the union. He did not undertland
thofe Continents of %jealoufy that were 70
often exprefed. We are too apt to view
cur federal government as a foreign one.
Ihefe prejudices were unworthy of Ame-
ricans. AS a citizen of Virginia, who
was a member of the union, he beheld the
federal government withfentiments of fill
al affection as the protectrefs of all the
hates.
He did not fuppofe that a part Of the
whole could be expected or ought to rem
der compenlations as liberal as the whole
itielf.
NIr. Davis i'll reply to the gentleman
from South Carolina tMr. Harper) ac-
knowledged that he had on a former occa-
fon fated the exifence of a good deal Of
bufinefs in the difriH court of Kentucky.
Then there was but one iudee with q ri
Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-01-17

which our naval grcatnefs has oro,..
which IS at once the boat, the eloTv O"n,
the i~ecurity of England; which has Una
recognized in all treaties, and wb;oh ::
part OF the maritime law Of Eurone rs
| repeat, it be that privilege, I havs
hehtarion in laying, that it is the cb,r.o'
OF our exiitence, the banner under which,
we ihoald all rally; it's the Aae, wh;os '
initiating the example Of CUR gallant CO.
men, z~e BozM nail to the maH of n.
fion, and 60 AoDvu zvitb tie eye1sI ..,M.-
than fyike it,"
In the Houfe of Commons. 10th ia
Mr.. Nicholas fuggelsed the proprietv Of
OBTAINING Ruiian fubjeas, and feiz;na
Ruiian property in England, as a fscur;,s
tor Britih property detained and feized i
Rufia. He aid he did not with to mata
any iPecific motion upon the fnbiea. but
merely to fugget the propriety Of the
meafure TO his majeay's miniiers.
The chief conful, on the I'D Noven
Der, preiented the legilatiye BODY an i'm
Portant paper, entitled, "State ofhe Re-
1a5Ae." This paper is highly important.
It holds out the hope of the ponibility Of
the conferences going on at Luneyiue.
notwithstanding the armiHice having been
declared at an erd-a meafure faled 70
have been merely of a precautionary ma
'ure. But 1t feems equally plain, that if
they 60 Oh, it will be for the purpote Of
Operate negotiations; and when, flaws a
london paper, what we compare the hra
lcrful ttstes refpeaing Ruaia, with the
conduct OF Pau, in laying an embargo on
Lngliih lhips in his ports: itfeems proba-
Die that Britain is determined to carry en-
the war, not merely againft her preGcut
toes but a8aini1 all the ncthern powers al
10. The Coniul, in fpeaking Of America,
Jays, " A Convention, founded upon
common intereG, and the moG perfect re-
ciprocity, will renew the ties by which
the Rates of America were bound to
France. The ties %GH laH for ever, be.
caufe there is no unequal condition to alter
their force and purity.-The French n-
ticn does not deire any executive privilege
nor partial favor!"-He further fays,
that " the north hall hake off the ty-
ranny which opprenes its commerce and
its leas."
December Z.
Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-02-14

OF ill1S news - 10 ~ ~ 49,
" Whereas many idle and bufy headed
people do forge and divuige fate ruinors
and reports !, be it therefore enacted, &c.
that what perfon or Perfons 70 ever, ihall
forge or divulgc falie rumour, or reports,
,en1;ng to tie trouble of the country, he
hallbe, by the next juisice of the peace,
{ent for, and bound over to the next county
court where, if he produce not his author,
he mall be fined two thouiand ponds OF
tobacco Tor lef, if the court think proper
to eHsn III ard beGdes give bond for his
behavior, if t appear to the court that he
did raliciouGy publifh or invent it." BY
another act Ct The fame fate paHed in 1855
entitled (" An aet puniiliirg certain Offences
and veiting the governor with certainpow-
ers, III TIE th;rdsettion thereof 1t is enact
ed that every rerion who fl,all attempt
to e!;ablifh fuch government, (neaning a
diyiGon Of Virginia, and the etablithment
Of another fare thereby by any other
means, than with the afent OF the legila-
ture OF this commonwealth, ard in puriu-
s,ce OF ioch attempts, fhall JOIN with en-
other ~riln or pcr1ons i'll any overt act for
promoting fuch attempts, or who thall, b
7yyiting oyn4ryedIb<a&ing, cndcavor,oin in
iigate tie people of this commonwealth,
TIC ,rcti 0, eilahiiih fuch government, with
cut iuch alent as aforeiaid, lhall be ad-
Judged guilty Of high crime or m;fde-
mea,.or, End on conviction il1all be fubjea
TO fuoh pans and penalties, not extending
to life or member, as the court before
whom tie convieiionfha be ,fhaii adjudge.
Such, fir, are the leginative acts, ard fuch
the bill Of rights OF the fate of Virginia.
psibsls tie gentlemen III oppchtion may
yield to tlefs high authorities, when realon
and srgun,e:l, have ceaitd to operate. There
is no man who will contend, that If the fe-
dition aet be a violation of the amendment
CT the contribution, thele feveral acts Of the
Virginia ailcmbly are not equally infracti-
OTIS Of Their bill Of rights. But it is my.
opinion, that in the formation of theie
laws, neither the ore nor the other have
tra!hcerded the limits CT their REFLECTIVE
Charters. But 'hefe acts cfVirginia prove,
as Tar as any Legislative Interpretation can
prove, that by the term liberty Of the preis,
snot to be underifood an entire exempt
On from ali retpcrGbility Tor nanderous and
aOeiious publications, and perfectly con-
nrn the idea annexed TO it by the friends
TO the at in GueRion. If, however, it
may be found that tEefe authorities have
no intireroe On our opponents, let me re-
tort to the opinions OF certain great and
Pfon.nent characters, who concentrate,
Iefnaps more than any others, the conf
a Is! and attachment Of the citizens of
virginia and to whole political opinions,
On all other locations, thefe gentlemen
nave yielded a ready obedience. Soon af-
a ssl the declaration Of independence, the
0 1''s :" Virginia, finding it neceGary to
, ,s her laws 70 as to adapt them to
-. .'S new political iituation which flle had
aauned, appointed committee with pie
o oa4y powers to that effect ). amongR thefe
6NhtlSInen wore fl,o ,1~ac,~. T.
Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-02-14
ITO be eoutixxed.
NORFOLK, February :.

The fchooner Succels, capt. Brown,
captured by the U. S. frigate Cheiapeakc,
for carrying on an illicit commerce, arriv
ed here ON Thuriday from Charlea..on, un-
der the charge OF lieut.. Smith. There
are 81 naves at prefent on board. The
renlainde-, together with the captain, are
detained en- board the fr:gate.