Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-06-08


\ rs by the courtesy of nations: that this Is by
! the laws OF nations, and is only permitted, SO
far as 1t does not occasion "a prejudice To the
| rights OF the Othe: governments, or their
citizens. He adds, that, in this, we are 10
consult mutual convenience, aud the tacit
consent OF different people. He further says,
that IT is the Laws OF the state, and this tacit
consent, which gives effect In foreign laws,
without, however, am prejudice to It's sove-
reigDty, or the rights of its ciizeas, aud re-
gardng the mutual convenience of the go
vernments, that is the foundation OF these
rules. He says, that ii the law OF the place,
IS inconsistent with Our law, in these respects,
1t Is reasonable that "we observe our own
laws, and not the foreign lawsv: and that
these cases form exceptions, from the general
rule, IN favour of the lea loci, established by
the consent of nations. He idrther states,
as an Illustration of his doctrine, that il, in a
particular country, particular kinds of mer-
chandlse are prohibited ~ be sold there, a
contract made in another country, to sell them
there, Is coid.-This is, in principle, the very
case now before us.-fie further saws, how
ever, that the law of the place is imperious,
as TO crimes, punshments and pardons for
that crime committed in one country is Il
crime every where, and that the general con-
venience OF nations, Is consulted by this rule.
fonbianiue az taking up this passage,
yields to 1T, his unqualified appreciation. He
says, that to give binding force to a con-
tract, IN another country, it must not violate
the rights OF persons not parties TO it that
1t must not violate moral duty, or a right
derived TO a third person, under the law OF
the state,~ In which it is attempted to be en-
forced; for that in such case" az tall con
"Jfactu-magisjus noSt7,m, guam. jus alienum,
"Serremus" these principles emphati-
| caily apply to the case before us. The So
vereignty of Virginia must be maintained,
| and the morals OF her people must be pre-
served, by the power of her proper legisla-
turc- These great and important functions,
must not be yielded up by her to the petty
corporation of the city of Washington
Nothing contrary 10 this doctrine, is to be
inferred, from the admitted power men
toned by the supreme court, ofarresting in
any state, felons fleeing from justice, from
the district Of Columbia, or the forts and arse
mails of the United States. In such case. the
ler loci IS mileXible,and the crime committed
| IN the district, remains, a crime everywhere
The second clause of the second section, of ,hc
fourth article OF the constitution, on this sub
Ject, is only IN alfirmance of this principle of
the laws ofnatons. Even without such clause,
In the constitution, that principle would, pro-
badly, prevail The principles ofthe law ofna-
ions, need not be re-eaacted, i'm any country,
but for greater caution.-Nor is my general
principle at all impugncd, by the indulgence
granted to theter toci, in every country. in re-
lalon to contracts. That law, even in rela-
ton to contracts is, howeyer,a Jas we have seen,
| subject TO some restrictions. 1t must not,
even as to contracts, contrayene the sautary
regulations of other states. The exception
made, as to contracts, however, proves the
All itn al e,pf, To,
Jects. The exception made in that case
| proves the rule.
1t was toretold by the celebrated George
Mason, (mn), however, in the convention of
Virginia, that this power, in favour of the
ten miles square, was dangerous power,
and might he, unqucstionably extended, by
implications, to oUertaroc the rights of he
states" 1t has been 50 extended, and THAT.
by the most remote and understandable i'm
! pllcatlon. This has been done by the decis-
ION, which is now before US. That decision
has made this small district, fitgcrun.
| from whencc the most disastrous conseaucn-
ces will ensue. Fit is not, like that of Ar
chlmedes, competent to muve the earth, it is.
IN the hands of the federal Judges, at least
competent TO subvert ana destroy the stats.
governments.
ALGERNON SIDNEY.
Gl) 2 vol pa 49, C"'n,l Debates, pa SOC
Extract Of letter 10 a gentleman IN this Gin
from his friend at Ofdnge c. H., dated Sd
Of June.
The following occurrence has aroused
the people about here. Its publicity may be-
means of developing the mystery which
hangs around it. On the 9th of Nav, a
| horse was found dead in secret place. near
| the main road leading from north To south.
between Barnett's ford and Orange G.. H
From the road to the spot were observed the
tracks of two horses; from the spot the
track of but one-the skull was fractured i'm
two places. The horse was a brown bay.
without marks of gear, five years Old this
| spring. No person giving any account of
the horse, II is conIcctured the owner has
been murdered and his horse brought TO this
! place and killed in order to prevent search
nearer the scene OF action. | was ono o. a
party who made search in the country around
but no discovery has been made. II is feared
that Mr.. Gall has been the unfortunate VIC
tim in this case. Mr. Gall was negro pur-
chaser, from the state of Mississippi, BOUGHT
two negroes in this neighborhoOd about the
goth of April, paid for them, then determined
TO go To marshaps sale of negroes at Eau
QUEER o. III. the last of April, and left tlle ne
Sroes with the yeuder until his return, which
was to have been in few days Six weeks
have now elapsed, and although repeated
enquiries have been made after him, ne has
moi been heard Of a horse has been found
under similar circumstances between Win
chester and Martins5urg, another in the up
per part of Fau quier, and another i'm the
lower part of Fauquier. These occurrences
seem TO have been the result of something
Ike concerted plan of operations"