davidaulloa/AmericanStories huggingface dataset:
Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-03-12

years, the governor of the North .weao..
territory has heen!in the practice Of rece;v
ing tour dollars on marriage licences ~
one guinea on tavern!licences. Laws hav s
alio been there pafed, allowing to .he
Judges tees on procels and official "a.
and compensation for travelling expences :.
one Of which was among the laws d;Gsn
proved by the before mentioned refolnt;dr
OF the Houfe Of Representatives, which
was dlfagreed to by the Senate; the Other
PurPorts on the face thereof, to have been
adopted. from the. New York and Pennfvl
vania codes. Both of thoie laws were
Patied by governor Sargent, when lecrata
ry and acting as governor of the terr;tory
The act of Congrefs, authorilinq the
eitabllihnent ola government in the M;C
'.iilppl territory, provides that the officers
therein fhall receive the fame compensation
tor their fervices, to be paid in the fame
manner as is by law eltatlilhei for 1;miI,r
officers in the territory north-weh Of ,ha
river Ohio, ard the powers, duties and
emoluments Of fuperintendant of Indian
affairs for the foushern department, to be
united with thofe Of governor.
To the governor of the North. weaera
territory for difcharging the duties of that
office and thoie offuperintendant of Indian
affairs, is allowed an annual ialary of two
thouiand dollars, and to each of the iudpes
eight hundred dollars.
AS the governor and Judges of the ter
rltorlal governments are officers of the
United States, with annual falaries fixed
by the laws of Congress, their exaefing
and receiving fees, as before fated, cannot
be otherwiie conidered than as an abufe
which ought to be corrected.
Although the committee find caufe to
notice as irregularities in governor Sar-
gents administration, the making laws not
derived from the codes Of the original
itates, and alto his receiving fees for GER
tain official acts, yet it appears fatisfatto-
rily to them, from the circumstances under
which they took place, that thoie irregu-
larities originated from incorrect and mif-
conceived opinions efpe6ting the extent
of his powers, and not from impure or cr-
mlnal intentions.
They therefore RESPECTFULLY fubmi, to
the confederation Of the houie, the follow
ing refolution
Re/olved, That there does not appear
caufe for further proceedings on the mat
tiers Of complaint for INSTRUMENTATION,
againft Winthrop Sargent, as governor Of
the MiGifippi territory.
Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-03-12

United, States laid before the two houies
of Congress, copy Of luch laws of the
territory of the United States north wet
of the river Ohio, as had been paned from
July to December, 1892, incluGve: That
on the 2 1T day Of April, 1894, they were
by order of the Houie Of Representatives
referred to fpecial committee, who on
the 18th day of May, 1894, among other
things reported, that on examination of
the faid laws they found many of the pro-
vliions cont aimed in them Objectionable,
but that they conceived it would be i'm
material for them to detail the particular
objections, as one applying to the whole
OF iaid laws afforded in their opinion iuf-
hcient le.fon for difapproving them. That
thoie laws appeared to have been pailed
by the 1ecretary and judges, on the idea
that they were poaeaed generally Of legif.
latlve power, and have not in whole or
in part been adopted from laws of the orr
ginai ftates-that;on the 1zth of February.
1895, an engroAed refolution, in the form
OF a concurrent relolueion of the two
houies, difapproving all thofe laws, except
one, was agreed to by tie Houie of Re
Prefentatives and fent to the Senate. Tn
the Senate, on report of fpecial commit.
tee, the reiolation was agreed to. The
CONFEDERATION Of thoie particular laws does
not al pear to have been reiamed.
In letter of governor Sargent's to the
iecretary of fate, dated Miaifippi terrific
f!y; January IS, 1899, he writes: 6 The
judges arrival gives US to leginate-it
was mott eaential, and we will fet about
It without delay, though with much re-
gret on my part at the want Of the laws
OF he feveral itates, as we mutt be COM
PEELED to form our code from the volumes
OF the Northwestern territory, which I
by no means can be induced to believe
very good baGs.''
And in another letter of the 1sth of
March, 1899, he writes to the lecretary
OF tate: s have already advifed you of
the arrival ofjudge Tiltcn, and in COME
quence, we are at length legiAating, but
deititute OF the laws of the leveral }ates
we necefiarily make inaead of adopting
them-the right to do which has hereto,
tore been queition. Very difident of
my own law knowledge, | fell extremely
anxious for the prefence of Judge Nc.
CURE, who am taught to believe is
great profeiiional character
Third. Of unlawful exaeion Of fees
for official acts.
The fees alluded to, are for paHports
granted to perfons travelling from the Milf
ilfiIppi territory to other parts of the u.
States, through the Indian country, and
on marriage and tavern licences.
Governor Sargent acknowledges his hav-
ing received fees Of the above defcription
he utilities the practice on the principle
OF thofe acts being extra from the duties
OF the governors office, and alto of pre-
iident OF the Northwestern territory,
known, as he PERFUMES, for long time,
TO the general government.
"A law OF the MihiGppi territory, init
tulcd law ia reo,,1ate t,verce ~ 80
Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-03-12

mitted to the general government, in one
iolitary initance only, were diiapproved;
thus eyidencing their perfect coincidence
IN fensiment with us upon this very I'M
Portant fubjed. AS further proof of
their will and pleafure that we ihould
make laws, they have enacted nearly
In the words following that the laws of
the territory that have been or hereafter
may be enacted by the governor and
Judges, &c. and again, that the 60
vernon and Judges fall be authorized to
repeal their laws by them made, when
ever the fame may be found to be i'm
proper
With refpee to the practice which go
vernon Sargent al.edges, obtained with the
governor and Judges of the North wcHern
territory on this point, your committee
are informed that at their firh meeting in
1888, difference of 1entiment arofc be-
tween the governor and judges on this fub-
Jeet ; they alierting, and he denying the
power OF the Legislature to make laws not
derived from the codes Of the Rates. AT
ter protecting againR their aHumption of
that power, the governor YIELDED to the
opinion of the judges. The fubiea was
again reilmed in 1895, when the governor
publiihed his correfpondence with the
Jrdges, ihewing his difapprobation of the
Prii pie Of making laws; on their part
the then Judges alto publilhed the reaions
and grounds of their opinion and conduct
Ii making laws. The gov rnor again
YIELDED to that opinion and from time to
time, till the fecond grade. of government
was eaabliihed, the Legislature enacted
laws not derived from the codes of the
fates.
The laws of that territory being volu-
minous, complete iet whereof IS to be
had, tor examination only, in the Office of
the iecretary of fate, your committee
have not been able from, their own infpec-
ton to alcertain how far TIE practice of
making laws obtained, or how coneantly
it was adhered to in fucceaive periods Is
the Judges have fucceeded 20 each other.
They find that feveral Of the laws paned
before the year 1875, were not taken from
the itatutes of either Of the hates. Mr..
Wagner. clerk in the Office of the ecre-
tary of fate, who at the requea of the
committee, has examined the laws Of the
territory IN reference to this point, certi-
fles, that he has examined the laws of
the N. Wefern territory from the CON-
mencenent of its legilation, to the frft
OF Auguf, 1892, but it does not appear
from the face Of them, which, or what
part Of them have been adopted from the
codes OF the original itates, or have been
originally made by the Legislature of that
territory" How far, therefore, they have
been mere adoptions from thofe codes can
only be efablifhed by comparison. That
is not the cafe with refpeA to the printed
laws of the territory publifhed iince MAY,
1895, inwhich they are invariably ftated
in their titles to be printed laws, except
in the inRance Of repeating laws; to pats
which, the governor and judges were ex-
presily authorized by the act of Conerefs
Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-03-12


BE- organized, the powers an duties Of
other civil officers lhall be re lated and
defined by the fad anembly b + all ma
gierates aid other civil officers Bot here
IN otherwife directed, fhall duril the con-
tlnuance of the temporary government,
be appointed by the governor. For the
prevention Of crimes and injuries, the laws
to be adobted or made ihallhave force in
all parts of the difritt; and for the execu-
ton of procefs, criminal and civil, the 60
vcrnor ihall make proper divifions thereof:
Aana he ihall proceed from time to time, as
ecIrcumhances may require to lay out the
parts Of the diltria in which the Indian IT,
| Ties ihaH have been extinguilhed, into
ecounties andtownthips /; fubjeet, however,
to fuch alterations at may hereafter be
made BY the legiilature.''
Your committee are Of opinion that the
Legislative power Of the governor and
judges, by virtue of the abovementioned
ordinance, is rettri6ted to the adopting o1c
lazvs from the codes Ct the original fafes,
and cannot extend to the adobtmg and
6 eNa6fi1g e lasos not derived fran tbe1e
codes.
1t sp7ears to your committee, that the
governor and Judges of the Mnlinippi ter
ritory miiconceived the nature and extent
!. OF their authority in this particular. Juh-
y ly to appreciate their motives, it is enen-
tial to fate the principles on which they
have acted. By them the ordinance ap-
pears to have been underfood as vefing in
the governor and judges plenary, legila-
tive authority. Governor Sargent juifi-
fes its exerciie on the ground Of conAruc-
rion, ard Of the principle being avowed
and acted on by rhe governor and Judges
IN making la7os sinthe North Weilcrn ter
ritory; and being implicitly, if not direct
y fanttloned by Congreis. In his letter
Of the r5th of June, 1900, to the fecre-
tary of fate, he oblerves, {" Upon the
iubjetf Of ali3g Or adopting laaos, I have
wrote you largely heretofore. 1t is not
necciiafy to repeat my own opinions ma
ny letters in your Office evince my ankle
ty to have -poasfed the codes Of the origi-
tai Hates. We began by legilating, how
ever with the laws of the North Weaern
territory--they had been fubjea TO the
difapprobation of the honorable congrefs
and daring not to doubt their attention,
we believed them good. We have uni
tormly continued, however, to declare
our willingness to receive and refpeA au-
thenticated information for the quiet and
lntereits OF this people," In another let
ter OF the z5th Of Auguf, 1900, to the
iccretary OF fate, already communicated
to the houfe, he obierves, I" the honora-
BILE Mr.. Davis feems to have been at much
trouble to efablifh what the governor and
judges are very willing to admit, that
they have laws AS fecretary of the
North-Wefern territory, and vefed with
the powers of the governor, fully con.
currpd W1fh <ba .,.J<.ao 49,
Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-03-04
longreG Of the United States.
HOUSE OF REPRESENTATIVES,.
Tuesday, February 3,
DISTRICT or COLUMBIA.
(ContiuueL.J

(Coutixxed.
MIR. Nicholas hoped if the houfe pretend
ed to aaune the jurifdiction at all, it
would give government to the people
adapted to their happiness, and not form for
them contribution merely to difplays the.
Powerof congreis over them. He was
not little furprized at the gentleman al
lowing himfelf to ufe argumcntsto extend
to this, that becaufe congrefs were fet over
thefe people to aaunle an abfolute power,
he would not give them all the advantages
OF their subordinate Legislature. Mot at
furedly ifthe people had frequent elections
there would be 70 much the lefs necenity
tor memorials complaining to congrefs of
any grievance under which they might Ia,
Dor, from the acts Of their legilature. If
the government were to be the ultimate
Judges as to the propriety of the laws paled
and there could exit poGibility ofgriev
Gus laws being Palied, and as thofs laws,
however grievous, mutt remain in force
until congress repealed them, what, Mr..
N. aked, could more efetfually prove the
nccefity of frequent elections, than by a
juf appreciation Of the characters elected,
there might be more fafety in aiIurances of
wholcforno laws. He oppofed it as the in
PRODUCTION of an injurious principle, Whit
no pohible good could proceed from it, but
an infraetion Of the common fufrages Of
thefe people mutt prove injurious to them.
He contended that there could be no pofi
bic ground for animilating this govern
.ment to the government Of the United
States.
AS to the invitations which his col
league MIR. Leg talked about, to excite
the wealthy and learned to emigrate, MIR.
Nicholas could only fay that he knew not
the men, and therefore could not pretend
to leg;0ate for them; nor would he ever
be inclined to faerihce principle enential
to our government Of equality Of rights
for any fuppofcd attainments, or the ac-
quiGtion of few more pounds in our coun
try. 1t was not by giving up the right
of elections, but by other means the mott
efeeual invitations could be thrown out to
thofe people; means by which they, in
common with other foreigners, could
participate in the blefings Of the coun-
try.
MIR. ]. G. Thomas could not for a mo-
mcnt give up principle, Which he con-
ceived went TO the def1ruction of the bill.
The objects of the bill were two fold.
Firff, it was affirming the juriiditiion-
And fecondly, it prefcribed form Of CO.
vernment fot the difrief. As TO the az
fumption of the jurifdietion, he believed
there could be no heftation. But as 70
the government Of the diaria, though
Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-03-04

It was very probable that many nanufac.
turers and commercial men would fix their
reiidence here, who though they might
roiieis comfortable property, it mighs be
none of it in land.
Mr.. Harper iaid this proportion would
introduce novel and dangerous principle
In this dittrift, which had never in his know.
ledge been propofed, and he hoped never
would be adopted universal outrage. In
one part of this difriet, the fate govern
ment effablifhed as qualification to vote,
the pohei1ion Of land; in the other, the poi-
iciiion OF a certain quota Of property but
by this ii was left entirely open, 70 thatthe
perion was not fave and had arrived 70
II years of age.
Mr.. Claiborne would approve ofthis
principle, even if it were novel, but it was
not 10; 1t was the practice OF feveral fate.
IN the Union. In iome Rates, freeholder-
fhip is neceaary, in fome the pofleHion Of
certain property--in this ittate COL. In
fome fases houfeholdcr(hip at a certain
rent. In fome the payment of taxes only.
In fome, he believed Kentucky, TenneGee
and Vermont, cititizenfhip alone gave the
right of fufrage. He could not conceive
how it could endanger the welfare and prof.
perity of this city, to vote for the more
numerous branch of the Legislature to be
voted for by the people at large. AS to
the landed interef, it could be fecured in
the fenate. He thought thefe principles
worthy ofe prefervation, to .iecure TO the
people their general rights.
MIR. Kitchel hoped the amendment
would prevail, but he wiihed to introduce
fomething in the place friken out like
theie words "being afreeholder, or worth
5ol." but he oppofed univerial fi.fFrage, for
certainly there were iome characters who
ought not to be admitted to the poll. AS
the ioufe was legiflating for this dinrict,
he hoped it would be inclined to give them
ion,ething worth receiving. AS there was
fupreme confronting power in the houfe
over the. proceedings Of this government,
he wifhed to 60 as far as could be done
with iafety. From the bea profpects Of
the population, it was prefumable that there
would be at leaf one half the people of
wealth and worth, who were not freehold
ers, and fhould they not vote! Surely NO
reafon could be produced to prevent them.
MIR. Nicholfon, as a representative of
the fate of Maryland could not avoid ex-
Prehing his opinion, he faid, upon fnb-
jeet 70 highly intereeing to part of the
people of that fate, who were diveAed by
the afumption of juriidietion of fome of
therights which they held under their for
mer government. They were diveaed Of
the right of voting for either branch Of
their fate Legislature or of the horic Of
representatives to the general government.
There ought to be, in his opinion, fome
weighty reafons urged why they hould NOT
be pofcGed with other rights as great, in
the election Of their local Legislature. In
Maryland every man worth 3ol. has Z
/, right to vote. But the bill On the table
Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-03-04

there were different opinions, he coni;dercd
himfelf as representative of the union,
ju titled in taking for a model the conffitu-
ton, by which that government had Aou-
rlihtd, and not the model of either Vir-
ginia or MARYLAND. What, he aiked, could
more properly evince their attachment for
this infant government, than adopting, as
tar as circumstances would admit, thoie
principles which had been 10 long, and 10
we'll proved The government Of the uni
on, he faid, by the contribution, could
govern them by fpecial acts, but to fave
the time of tie houie and to give the peo-
pie more immediate choice of their re-
prelentatives, the proviiions of the bill
were certainly more valuable. BeGdes a
local Legislature could more difcover the
wants of the people with whom they were
beit acquainted, and apply necenary re-
needles.
MIR. Davis, after making iome OFFER
vations on the defultcry manner in which
this fubjea had been debated, obferved,
that only one queifion lay before tn: COM
mittee; was it, or was it rot, proper 70
follow the policy of the feveral ftates in
the time for which they chute their repre-
fentatives? IF it was thought proper to
follow their practice, three periods pre-
tented thsmfelves. One was that of r.
1iland, where the Legislature was choien
every fix months; another was that of
South Carolina, where they were choien
but once in two years the other was the
practice Of the other fourteen Aqtes who
elected annually. AS this was territory
of the United States, he thought it far
the mott confident to follow the latter
mode, and by it, the mode adopted by
the contribution. This would give mott
fanetion to that inffrument and mott le-
curity as had been oblerved to the govern
ment.
The queaion was taken to frike out
two years and infert one, as the revolving
periodof the election, and nesatived, SO
to 4S.
The qualification of,ele6ors to the le-
giilature is made as follows:
" Every white male citizen Of the Unit
ed States, refdent within the difriet
twelve months, and within the precinct
where he fhall offer to vote one month i'm
mcdiately preceding the election, aged III
years, being fs/sd If an efafe far life, o, a
greafe, eqate in ten Ae,ss efAand 7vitbia The
5.dyYyie7, or a LAT, or bart eta lot Of land
1vitbu city ar fozox uvitbiu THE dJf,ia,
40Ab a a1velzixg'bos/s'fhereox tbe./naerfriai
resfexfs oftbe1ouudafim qobe,sofI IL feet
.Iqua,e, or equalt TO that qaantiy, and mn
kG The fi.ze /baHbave eome tobimly ds/e<nt,
de4ye o, mayyiage, bopmg been peDsOSd
hx msafks and no ofbe, te,/o0s. ihall be
qualified toxotc for members Of the houfe
of representatives"
/" The words in nahfs from " being" to
!" ter/ou," incluGve, Mr.. Claibourne
moved to ftrike out. He could Zee no reafon
for depriving all the diariet, except the
landed intercA, Oftheir rights Of outrage,
Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-03-04

Publsc Sale.
On FRIDAY
.AIo o'eleek, uviN. be /old al tie Yendxe
Store,
Rum in hhds.
Gin in pipes,
Brandy in cafks,
Teneriffe and Catalonia Wines in pipes
and oaks,
Brown fugar in hlds. and bis.
Loaf and Lump Sugar in lots,
Hyfon Tea in chefs,
RaiGns in oaks,
Soap and Candies in boxes,
Tobacco in kegs,
Nails in oaks.
Ayo, a 9xantity Of
ID K Y G. @ O. d S,
CoxGRmg s
lsifh linens, checks and Ifripes,
4.bales Of Sacking,
Cloths, WEIGH plains,
Book and jaconet mullins,
Ribbons,
Ready made clothes,
Hardware, &c.
And a number Of other articles.
PHILIP G. MRSTELLER,
AAl7i,neer.
March 2.
Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-01-14
Congress of the United States.
HOUSE OF REPREsENrAr1vRs.

n
WEDNESDAY, January 7.
The houfe again reiolved itfelf into
committee of the whole on the JuDIciA-
RY BILL, Mr.. Morris in the chair.
A cotindera5le number of amendments
were offered by MIR. Harper, and approx
ed.
MIR. Dennis moved an addition to one
OF the tcetions, In the fern of a proviio,
declaring that nothing contained in the act
ihould be 70 confirmed as to repeal 70 much
OF an act for fecuring duties on fills, &c.
as VETS in the courts OF the feveral ffates a
Juriidietion In certain cafes therein menti-
oned.
He made this motion, not with any re-
ference to his own decifon, but to try the
ienie of the committee on the contribution
aiity of the power thus delegated which
on former day, had been conteited by a
gentleman from New ork (Mr. Bird.
He had himfelf no doubt of the conititu
tionality of the power. Under our pre-
tent iyitem OF government, as we'll as under
the confederation, it had been exerciled in
analogeu, cafes. The old congrefs had
expressly yeitcd in the fate courts the ju
rifdiction over admiralty cafes.
The contribution has empowered con-
grefs to efabIifh judicatories, which might
be made the fole organs Of decifon in GER
tain fpecined cafes but it had not prefcrib-
cd that they Rculd al/eLutey be the rxclx-
Fsve or2ans. IIe recolleeted that in the
convention OF Virginia, that ratified the
Standardization, the advocates of it urg-
ed, as an argument for its adoption, that
though cougreis had the right of eiablifh-
ing independent judicatories, it was not
probable that they would extenfvely ex-
ercife the right; but that they would de-
volve judicial powers on the fate tribu-
mails. ~
AS to the expediency Of delcgating ju
dicial powers to the fate courts, it prelcnt-
ed a more difficult enquiry. 1t was GER
tainly kind Of clumfy affair. Under all
other governments the judicial authority
was at leaff co-extenGve with the legila-
tive; and in many governments it went
beyond it in decihon On cafes under the
law of nations.
Beiides MIR. Dennis difcerned no way of
compelling fate Judges to perform their
duty; and there appeared to be peculiar
hardfhips in obliging courts and juries fup-
ported by particular counties to perform
f derar duties.
MIR. Harper had as little doubt of the
confitutionality as he had of the expendi
ency Of this delegation of power. At pre-
ferit we are not under the neceAity ofefta,
blilhing a judicial fyfem as extenfiye as
the powers of congrefs. five were con-
additionally obliged to do this, we Mould
be compelled to cover the whole ground,
and to inaitute great number Of new
courts