Constitutional Whig. [volume], March 18, 1831, Image 2

About Constitutional Whig. [volume] (Richmond, Va.) 1824-1832

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srijc &owfltuutionai aSxws.
The Havre packet ship Francis 1st, sailed'Feb.
3d. No King had a» yet b-‘on elected lor the new
throne of Belgium. The aliuira of Poland presented
nothing worthy of particular notice.
The following note has been transmitted to the
15 Irian government.
“Sm—I hasten to reply to your letter of the 24th.
—The King’s Council, which assembled to-day, were
unanimous upon the necessity ofdeclaring to the Pro
visional Government, that the French Government
would regard the choice of the Duke do Leuchten
berg to Jill the throne of Belgium, as an act of hos
tility towards France; in case the Congress, not
withstanding this declaration, should proceed to such
election, you will quite Brussels immediately.
Accept, &.C
(Signed) “HORACE SEBASTIANl.
Paris, Jan. 23, 1331 ”
It was reported that negociations had been opened
fir the pacification of Poland. The Augsburg Ga
zette publishes a letter from Craebw giving an ac
count of an insurrection in that citv in favor of the
J’nUlS,
Gen. Ivlicki. a ski’ful eoldier but an old man, takes
the pine*' ot Clopieki.
POLAND.—The Hamburg Correspondent states,
unde.r date of Berlin, Janorny 23d, that the Dicta
tor Chiopicki 1> ft the Dictatorship because lie insis
ted on oegneiattug witli the Emperor for a rcouucil
ration, while some of the members ot the Diet oppo
sed it. The Augsburg G i/.cttc contains a letter from
t he Poli-di frontiers, of J.m. IGth, vvhicli asserts that
a reconciliation with Russia is now impossible.
“The Emperor neither can nor will extend the
amnesty to the ringleaders themselves Under date
of Warsaw, Jan. 20th. it is mentioned that tlie Rus
si an government hud seized the funds of the Bank of
Warsaw, which were at Odessa, and arrcstcihan agent
sent thither to withdraw them.
A monk from the Palatinate of Plnsfc,had arrived
at Warsaw, and appeared armed with u lance, sahre,
pistols and cross and was enthusiastically received.
J1 is example has been followed by twelve monks of
St.B rnr.rd. In the Palitinateof Cracow,the pea
santry, armed with scythes, are commanded by
Monks.
The following is cn extract of a nrivate letter dated
Frontiers of I’oland, Jan. Q7th:—•■The Crand Duke
Constuninc has removed his head quarters to Sevis—
locz, nti.ro distant f-om the Polish frontiers than those
I e lortneily occupied 'Rhe storm has not yet hurst.
The frost facihtu’cs the transport of the heavy nr*i]
lerv end ammunition ol* war upon slcdtyes, out the
snow impedes the mar h of t o; troops of the line, a!
t hough brandy is distributed to them in abundance.
II is ihe general opinion upon the frontiers that the
Emperor Nicholas will use every means of recoi|ciii
n'ion before he draws the sword, it appears certain
?iiat. many Frenchmen have found their ivay into
Roland, in disguise, but they have no money, and
the French government has not yet done any thing
to afford uid to the Roles. The enthu.iastn of the
Roles seems to increase every day. This is proved,
ct least by the patriotic gifts, and the zeal with which
tiicy fly to arms The same spirit prevails in all the
provinces of ancient Poland, as well as at Cracow.
Young inen, in spite of the measures of the local au
thorities, nass the frontiers almost dailv, to min
their countrymen in arms
Private accounts of tlie 16:h inst. from Cracow,
say:
‘ Since the commencement of the Revolution, ex
treme fermentn ion prevailed at Cracow. This town
I.us now joined the Pole*; the people have deposed
the Semite and members of it who sought, to fly have
been arrested. The eo‘luism.-m tn favor of the inde
pet;d* nee of Poland u carried to the highest pitch_
All the families in easy cireumutHnccB are selling their
plate, to send the jrr-idurt to Warsaw. 'Rhe use of
silver sp tons is considered disgracr fcl, and none bm
wooden ones are now us d ”
SUPREME COURT OF THE U. S.
AloNr.Av, l iih March, IH3I.
JJu' (^herukcc »'\<ilion vs 1 fie Stale nf (*cnrgiu—'Hie at
gontent in this case, commenced on Saturday Iasi, by Mr Sit
gsant, on die pan of ihe Cherokee Nation, nas followed up
this day l.y Mr Wirt.
Mr Wirt in the commencement of hi? argument, r’ated the
nature of the present motion, which lie said was addressed m
the original jurisdiction of the thipreiue Court in the name of
the Cherokee Nation of Indians, praying for process ol set)
pcena, agaiusi ihe Snie of Georgia, and for an injunction
against that Slate, her nftir-.ers and agents, to re,tram them
tioui rJtnmsmg ti.e law s of Georgia within the Chetmkce Ter
ritory, on the ginnnil that Ihe specific laws which go lo inlrodoce
ibe civil and ciinunal code of Georgia into the Indian Teni
tory, are noil and void, as being rvpognan* to the Constitution,
laws and Treaties of the United States.
He next proceeded to argue that the f our? possessed juris
diction ol the subject — that this jnn-dictinn depended solely
on tin; (. ouvtiioiinn of die f umed Statcj, and did not proceed
•min Con-re s—that Congress could confer no uew jnrisdic
lion on the Supreme Court, nor could it take any from it whi- ii
i; puiSr-.-od The Canstitutiou bad established the Supreme
Court, and had defined its jnrisdirt;on, and in what ettst-s
drat jiirisdiecon whs original and exclusive lie then cited
tne.M Art of ihe Constitution, by ihe 1st section of which
the whole Judicial power of die United Stales is deposited
in one Snpieme < win. sort such inferior courts as ( ongress
fhnll lioni ume l<> Mine establish; and the 2d sec. which Ties
I'ribcs the Judicial power of die Court—as relates to the sub.
j -i t niatti i of rontrovci&v over which its jurisdiction is to ex
tend, mid the r.liaracter of the suite that may r oute before it.
And from dial r;,r- of the same which declarer, ib.it the
Judicial pow er shall extern! to all rases in law anl equity ari
sing u..drr the <'ons'io.uoii—die laws ol the United States
und-treaties m.itfc, or which shall be made under their aulhorin/
lie contended iha» the j'rcsrnt was a case which plainly came
under the cognizance of the court
Air Wirt then went nn to shmv that the Cherokee Nation
a foreign state, ncitl); r owing allegiance to the ^United
.‘'late?, to Geotgia, to any state in the union, or 10 any other
power That from time immemorial the Cherokee.* had been
a sovereign and independent proplc—that they bad been ac
knowledge! as Mich from the time of the first seniors under tiro
charter of George II ii, 17J2, to the present day. hy the vari
mis treaties that had been made with them at different periods,
aud that as such the State of Georgia could have no jurisdic
tion within their territory. That although within what wa=
called the limits of Georgia, they w ere a foreign State, and m
proof of this, he. instanced the towns and provinces at one pe.
riorl posfesred hyt.ngland in the heart ol France. But that
in the ease of the Chcrokecs, they were not only a foreign na
lion, but an independent one—the sole and exclusive masters
of all the soil within their territotv, which tliev had not ceded
hy their own free will, and could he governed, of right, by no
other laws but such a* they them*elves thought proper to cr
dam. Mr. Win in the course of his argument quoted the
several treaties- cited various cases and decisions in point,
and after addressing the Court on the •object from eleven *\
clock »isl half pa.I two, concluded his highly forcible, and cIo.
qtirnt appeal in n pemratinn of deep feeling and pathos,
and in which the sympathies of his auditory were c.runpletriv
enlisted, hv expressing Itis confidence that (lie Court would
grant the tnjonction required, as the last stay and hope of an
i.nlorionale and much injured people
The Court was con si lerably crowded throughout the day;
some .of the Cherokee delegation were present —one of whom'
of very intelligent and 'espe-aiblr. appearance, shed tears
copiously during Mr Wirt’s address. No one, when ws left
had appealed on the part of Georgia—.A*it Jour.
Macon, (Gpo ) March
T.sntV! Ahmih.—It is reported, on authority of a gentleman
lately horn the southeastern part of Alabama, tbal the inhrd.i
(atilrof 1’ike county, m that State, di-s.uisfi.-d at the length
of road they have had to wagon their cotton lo the C ha taboo
chee opposite Fort Gaines, determined to remedy the difficulty
hy cutting from the eastern hue of their county a road i.f
twenty five miles, direct through the Creek territorv. to a pop
olotis Indmn village cm the banks of the < h uai.o< cnee, 'flir
ty five miles below Columbus) and there 1 iv off a i.mn * They
went lo work Accordingly, and had proceeded with thrii mad
to a rtont brook within three miles of the vill,tge, when their
operations were arrested by the Creeks The cutters vnit
back to I’ike county, and. having obtained there an armed
force, relumed to the Indian lands, opened the road to the
river, and laid off the village into a town The Indians p.m
said to be highly exasperated, intend to apply to the General
Government for mdress, and declare that they will, in the
meanwhile, destroy any buildings which the Alabamians may
erect on the site of their village .Such is the report, and as
such we give it. Ttltgrnyh
Thf. Georgia Indians.—A Mr Nathan Bra
dy, jr. of Stewart County, Ga. n very rrspecfablc
man, loft this house on tiso 10th ull. fur Troup conn- 1
ly, ami after riding soms 20 miles alonjr the river,
towards Columbus, he stopped lo let his horse drink
at a creek call'd I lit chela, and while there was
f!lol ttith r. rifte fcrfl of o large size, which entered
I back of the lcll ehuuidur, past ed under tiic collar
' hour, cutting ilic wind pipe, and came out on the
right Fide ot Ills neck. He held to hid horse and
; rode three miles i<> the nearest house, where he
, died in two days after. The Savannah Georgian
'says that the shut is supposed to have been fired
J by un Indian, and that Mr B is the third person
; that has been recently killed, at or near the same
| spot.
Indian Medals.—Three thou and dollars were in
i'setted in the appropriation bill, on the motion of Mr
j McDuffie, to procure medals for Indians, in the cur
t rent year—but nine hundred dollars paid f«>r the same
1 purpose, three or four years ago, tilled a large space
in the silly report of the famous “committee on Re
trenchment”—the printing of which probably cost
tiure than was saved by their long labors; if, indeed,
|tkc saving of one cent was effected by them. We
rather think that the whole resulted in “making a
book.” Allis' Register.
New IIami-siure Flection —We have re'urns
from about 7/> town* in Now Hampshire, which give
nearly the same results as last year, when the Jack
1 son candidate for (I u ernor was elected by about
! icon majority. The expectation of the Clay party,
, therefore,so far as regards the “granite State,” ha vc,
! wc should judg.*, been disappointed. As the Kditor
of the Courier says—“there is not a loop to haima
hope upon."—Dos. Clnx
Charleston, March 12.
Shipwreck and loss ok Like.—The schooner
; Happy Return, Lockwood, left this port yeuerday
tor Norfolk. About half past 6 o’clock, last evening,
; when about twelve miles north of Barnagant Shoals,
a violent snow squall came on, which capsized the
schooner. Captain Lockwood was drowned: it is sup
posed that ho was struck by the boom. The crew were
taken off by a Barnagant schooner, and have arrived
in this city. One of the crew requ-sts us to state,
that the sehr. Cornoha. was in company when the
accident occurred, but she did r.ot offer any assistance.
Savannah, March 9.
At a special Court of Admiralty now sitting, a decree was
given yesterday by Judge Cuyler, in tl.e case ol K. II Welman
; and other?, libellants against the British Barque New Prospect
j and cargo, found abandoned at tea in August last, and hrouglit
j into this port by the pilot boat Georgia The award is one filth
of tire appraised value ($08,920) of vessel and cargo, amount
j mg to $13,78 l, from winch the expenses are to be deducted,
| leaving the salvors $10,816. Of this sum the owners of the pj.
j lot hnat icceive $8,516, and lire balance is divided among the
I individuals oil board (Id in all) at the time, to sums of from
$1000 to$200 each. The New Prospect was bound finm Ja
I maica to London, and alter the severe gale of August, was
abandoned try the captain and crew, who were taken off hv
; a vessel hound to Charleston. Mie had a cargo of .Sugar and
j Bum, and in December last, afer being repaired, proceeded
j on her voyage trj London.— (Jcorgina.
The selectmen ofttloimester. Mass, have publish
ed tli-* donations receiv -«1 tor the sntVer.Ta hv.fho
lire last summer; t i» *y arn«tini to 311*110
stiles a vessel load of produce from Wiscasset, cloth,
bread, &c.
The t.ill providing for the prosecution of the •vo.ks of inter
nal improvement now in progress in tVtmsyivannt, lias al
, receive:! the sanction of both brauclws til tne ,!;,»« legis
latuie, and only ivauts the signature of i!;e ttoverimr 10 tiecooie
a law It appropriates $60o.(M0 to the * ail mad fiom I hila
i de'phia to t ohiml.i.i: $116,170 to the canal lioni < tiltnnhia lo
| Middletown, $125,0(10 to the western turnpikes; $700,003 to
(the canal or slackw t I»t navirpiiton hetweeu 1 lootingrlou and
; Molhtiayslimi*, and the rail road across the Alirghany inoiiii
tain; $200,000 to,the extension on the West Braude *100,000 to
the North Branch; $o5,OU0 lo the l.ewisburg cross cot, to he
paid out of die West Branch approptiatioi.; $100,000 to the
Big Boav,., ami $60,000 lo the French creek. ’
M uii,e, March 5.
j o TEAM I'-'AT Al OP tt.E, — \V ** ragrr-t t.o |i*uru that
j this splendid bunt wna totally tlrsttovnii hv tiro nu
1 Thursday m-Tmng last, between 1 and 5 n’ch cl; —
j S.ie was t akiiig indent ten at Wiggiu’n Lranditiir, wh< n
,t' c tir<? was discovered; it was probably comunimca
j'ed irons tin* fi.rop.ca to tlie deck, and 'hence to the
• ftOUnn in tin: In.Id. There were C10 hales on hoard.
} about 500 of which were d-str«.ycd.—The boat was
| scuttled, but ti e buoyancy of Jior cmjo prevented
| bar oinking’ The passengers, 33 it; number, a!! os
.cap.-tl with their bngane. Cept. Young, who reached
I here in the Amazon, uieJ trr.ni wlu-m wo lea ml fin's?
j particulars. lost his entire irdrobo, trunk-, &c.
! I he Mobile belongs to our ••iiterj-r.s'og leilt.w ci?i
• 7.cns. Messrs Tmt ne & Gazzam; sfuAvas built the
i last summer on the i-’ost appiovrd plan, and was otic
j of tho finest b .'«Ls ihat navigated our waters.
I i't*vr-r;iI rnson of small pox have rccent’v occuncd
1 in Boston. ‘ . ‘
The Enquirer has read Mr Tyler’s speech with
“mingled feelings,” and Iikrs the principle which it
lays down,but nut the manner of i s application: that
1 ld> 111 other words, he believes t lie President, [for he
j uic.sts upon it tout "A Jackson 1 is not su much of a
| cypher as people take linn to be) has violated the Con
j stitution by organizing the Turkish Mission with
: out the consent of the Senate, but ho thinks Mr
Tyler has used harsh language in tell ng him :m,ami
that, his “manner is unfortunatr—and not so fnendiv
as it might have bceu”—Mr Ritchie thinks -the Ad
ministration has errod (gentle word') in the course
which it pursued ’; but not a note is heard of that
h.ud denunciation which Mr Adams incurred, for
j merely asserting as his opinion, that hehad'the
right to do that, which, under cir< i mi tancr s of
tenfold aggravation, the present Administration has
J actually doua. j\>, %qrcnar.
I “Tim Friend*of il;a Administration arc awake io
Virginia. £Jo specious pretexts will now blind their
j vision: No ltndtiiou* artifices will betray them into
i mischief. Did thy slightest delusion remain, the
Manifesto belttc u* would purge away the film. Wc
ii)i;.-d avoid division*; Virginia will support the cause
of A. Jackson—but a* to the selection of his success
or, rhe will trust io the wisdom of futurity. Who
will bind himsclfat this moment to the car of Mr Van
Huron, or John C. Calhoun, or any other man? Who
will now !-ay what he will do in this matter, som**
four ycar3 lienee—when rircums'onres my he ma
terially ai'ered——nod ihe characters of nmnarc bet
ter developed They may lough a! us, and say “You
aro a fence msui—Whnt! not declare which of ibe
■T spirants you will support? Are y..u afraid to comm.t
yourself? Are you wiiittr.tr toseo which is to b-> (iie
strongest sub ? Wc can abide the Jamdi—and even
the sneers of our opponents We know what they
| ure worth—and wo car.d e.-pise tlienrtilir.es. But. hf,
| man who regards the interests nf his country, will
now recklessly commit hitnself tolhe b innors *,fthe
white or the red rose, before they are fairly de ployed
in the field. Wo ought io go for the gcat interests nf
! the country, not for the petty view*of individuals—to
1 rave tno Constitution, if wt» cun, and not to serve
I tlm personal ambition of n candidate. Men are mu
\ lJbJy, bjt pr.iu iplos arc eternal ”
We are under no necessity to inform the intelligent
reader, whence wc extract the above—lie will recog
nize in it immediately the Genius of the Kriquiror_It
pnvors sornew hat of armed neutrality, for the present
at least. Wc are not surprised the [inquirer ghou'd
have tnk*n alarm nt. the discovery t hat Mr Calhoun
has?»ri fr.cnds in Virginia to Van Huron’s one.— It
riot too lute tor Mr Ritchie to choose the sfronm-r
side m the approaching war of the succession. ~Iu
the mean time, until “the characters of men are bet
tor developed,” hr nets wisely in keeping up the cla
mor for the nominal head of the Government. Wit
nessing daily the realization of hi* prophetic declara
tion about the “curse.’’ wc reverence Mr R as a peer,
and should rely upon his oracular assertion that “Vir
ginia will support tlm cause of A. Jackson.” were it
not that nil the Calhoun men seem to think that by
electing Gen Jackson ogain, they would ensure the
stircrpFion of Van Burcn.
“Men arc mutable''—sad truism! fully illustrated.<
in tinrs past and preaen*. by Mr Ritchie himself i
Principle!) arc eternal"—-they arc so dcob’lg??.
| bui aulicrenco to them by Mr Ultclue, depends upon |
! circumstances—Messrs Tazewell ami 'I’ylor acted ■
j up io this motto, utul incurred th? dinpleisiirt* of tlie
[ Enquirer. /’of. Jlrtnar.
Fiom tin* Political Arena.
Tite Knquirer will not award any credit to our Se
nators, nor w ill it suffer opposition Kditors to praise
them. ‘-The very men,” quoth it, “who vindicated
Mr. Adams’ course in the Panama Mission are now the
most vociferous, if not the sincerest, panegyrists of
these gentlemen.” We wt-re not in the Political Are
na when tlie merits of the Panama Mission were
discussed, and are guilty of no inconsistency in
expressing our admiration at the noble stand,
taken by the Virginia Senators We well recollect,
however, the cogent arguments with which the Kn
quirer abounded, to prove that Mr. Adams was wrong
' in the assertion of a constitutional right to originate
i missions—and that four out of the five cabinet minit
i ters of Gen. Jackson, then in the Senate, zealously
; supported Mr Branch’d resolution. But what Mr.
j Adams, perhaps unnecessarily, asserted his right to
, do, Gen. Jackson has actually done. The one erred
in an abstract opinion, the other has committed the
! overt act. If Mr. Adams was guilty of flagrant viola*
: lion of the constitution, by expressing au opinion, wliat
measure of guilt shall we assign to the present Ad-;
ministration lor carrying the same opinion into cxecu-.
| lion? Of a verity “men are mutable.”
But admitting that Kditors, who now are “thepane- j
i gyrists of these gentlemen” did support Mr. Adams ,
; in his views. Admitting that they considered Mr. 1
i Tazewell’s oppugnation to the then Administration, to |
j be factious, the result of party feeling, anti that his
i arguments were unsound and his positions untenable.
Why should they not adnure that Roman dignity and
j independence which prompted him to array himself
j against the very Administration, which he had assisted
; to bring into power, when lie saw it following a course
! which he had denounced in its predecessor? Must
! they be insensible to the beauty, so rare at present, of
a perfectly consistent political course? For ourselves
j —without expressing an opinion on the constitutional
I question—T. e are free to confess, that tlie ground oc
| cupied by our distinguished Senators is a green spot
| in the desert, upon which our eyes love to rest.
We will, therefore, as an occasion offers—and we
j hope others will do the same—laud the consistency,
j the adherence to principle, the independence—worthy
of the better days of tlie Republic—which Tazewell
! and Tyler have displayed. And we entreat tlie Kn
| quirer not to take it so much to heart. Praise of these
| virtues ’13 not always covert satire on it's course.
I I'lior.'iicv —We undertake to make a prophecy ami leave to
time to determine whether it will lie vilified. L I those who
i note passing events maik the issue
We predict that—
Alajor Harry will visit Ktuturky in tin month of June to
j e.Tplain ceitain •*innocent mistakes," and therein’ endeavor
j to do away the unfavorable impressions which a certain “re
) poit" is expected to make i:p.m die elections in tiiat State in
i August lie will so arrange matters as to '»i there in lime
| lo traverse the whole Suite, make stump speeches, ami shew
i 'he necessity of re-eleniug t»en Jackson in order to preserve
J the country (»' c. *‘/A» republican p.tr'v") fiom perdition. All
| this will have nothing to tin with “the correction of those j
! abuses that have brought the pationage of the Federal Govern
! incut into comTci wuii the freedom of elections.’’ It lie sue
I RBPtfs in saving the -*i tie he may save Irs office, hut if Kentucky
j is lost he may ln-k in In- ree riilL'ii.
I We predict that—
Major Lewis, die “if Auditor, will visit Tennessee in June
or July, to prevent, it pri'Miile, the re eleetion of Coi Crorkett.
^ hear nolltirig final the Adiiiii:isiration^>ressos ai out a
I tailing (.aliinet." t ne term Inis tpo.vn odious lo then —
“It was your bull that gored my ox," sa.d .he Farmer, * Oh* that
alters the case," said the ItO.vvyer.
We Ir-ivs* other predictions to offer, hut we prefer administer
iog broken doses —[Col Cos.
Commodore Lewis W.irriogtou has been appointed to the
command of the Maw Yard and Siation at Philadelphia, m
the place of Commodore Haiubridge It was inmored some
lime bao , that ('nut. H had returned a letter which the 4th
Auditor had addressed to him, with the remark that he held
i his commission from the President of the United States, and
therefore did not leel himself hound to obey any order einana
;ting from a subordinate cBir.er of the Treasury Can it he,
dial the veracious and gmiefnl <Hi Auditor has had any hand
' 1,1 dns business, and that it a jiunishmcnt for Com. U’s am!a
j oily in contemning She. orders of the Secretary of the Mavy tie
\fncln.'-li,
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i ‘ jjf
FRIDAY MORNING. MARCH l«, 1831._
CT Yesterday in the House of D legates, the Pe
. lOfcbarg and Staunton rail road Lilli, relumed from
, fiio Senu’e with tie* amendments indicated in our
paper i>t yesterday morning, were considered—giving
ri.-c a3 vvai foreseen, to a good deal of beat, and dis
turbing the harmony of the [louse.
The House of Delegates h»»ve seldom been more
unanimous than in the feeling of disapprobation man
; ir‘stc,! towards these amendments. Gentlemen most
i "andy attached to the doctrines of limited construe
! tion—Messrs Brod-nx, McFarland, Gilmer, Morris,
j Booker, Miller of Powhatan, and Preston, denounc -d
tlie amendment as out of place, as an invasion of the
r glit of opinion, and in its clmct upon the harmony
I of the House, upon the business of the country, and
■ ii[ion tlie doctrines themselves, thus inappropriately
! a a- rled. every way unfortunate, jl'lms attacked on
i hands, the auiendm^tit was vo.cd out by a great
; in:*ji>r:ly^
It any thing ever could s nke the people of Vir
ginia in their political faith, and disgust them with
principles which they have ever consistently main
tained. it would certainly be the injudicious mt-oting
of them on all occasions, in season, and out.
Mr Campbell of Brooke, took the correct view of
j this amendment of the Senute, when lie represented
it as nn invasion of the freedom of opinion—as n
political dose, which the applicants for the charter
I were required to swallow, before the right wat- grant
|ed them winch they asked. What right had the
! ocmne of V irginia to say to tlie people of Staunton,
| r*ial lJuy should nit apply to the General Govern
: inent for subscription to trie Stock of their rail road?
I I lie Senate think the General Government have no
; Constitutional power to subscribe; but is this opinion
of the Senate, to fetter the people of Staunton—to
! deprive them of their right to nn opinion upon Con
stitutional question.:—to deprive them of n right cx
| cruised constantly by the People of the United States,
|10 poheit the assistance of the General Government
j in Uie pros.-cutiuii of public enter prizes?
| X*Vc hope the people of Staunton will take the hint
\ hVa hope limy will go to the General Government
and say: *• Vcar after year, you lavish large sums to
improve other parts of the United Slates: Virginia,
who contributes so much to the Treasury of the Uni
ted States, has received none of you: favors: we arc
opposed to your exercising that power: we do not
think it Constitutional: but as you will exercise it,
in despite of us, we claim to partake of the benefit
m common with tho rest of the People of the United j
States.' 'i’.iis m'giit uot bi* the language ol Cut ism,' 1
blit it would be tlie language of Common Sense) 1
Thk Staunton Rail Koau.—Thi« bill is a see- 1
oud time before tlie House of Delegates, having been 1
returned from the Senate, with two amendments_ ■
one of which \tc have noticed elsewhere—aud a ecc. i
end, prohibiting the extension of the rail road west- 1
wardly from Staunton. 1
This last amendment was made under the appro- <
honsion, that to continue the rail war west wardly l
from Staunton, might possibly prove detrimental to j1
Lhe Janies River Interests, by inducing the trade of;!
Western Virginia to flow along tho rail road and ;
down the Valley, instead of finding a vent through I'
tiic James River :
We arc located on James River; what lit le inter- | i
none•i
an* mom persuaded of the advantages to result from j*
the James River Improvement, or devoted to its ac- •
Cotnplishment: Notwithstanding these considerations, »
this proposition is abhorrent to every idea we enter 1
tain of equal rights, and equal justice. Shall the |!
Valley be forced to trade with James River? Shall ■ ■
Western Virginia he deprived of the facilit ies of com j i
munication Iter situation requires, lest forsooth, her '
trade tniglit descend the Valley ins cad of James !
Riv. r? Shall nature herself be forced, in order to i
encourage m improvement which has already been
so liberally supposed? Such is the proposition in
plain English. If a rail road wire made wes’wardly
from Staunton, the commerce of Western Virginia,
might seek another market down the Valley: We
wish it to come this way: and to force it this wav, we
will deny the people of that country the privilege of
improving their country with their own means, and
in their own way.’
A doctrine of more unadulterated tyranny than this,
never obtained in 1 jrkey. In order to encourage
the J :mcs Bpwr Improvement, the mxt step ought
to be to require every men haul of Western Virgm
i >» >o buy his goods in Richmond, under penalty fur I
disobedience. We trust there is enough of the old 1
Republican Spirit lefl in the House of Delegates, to !
blow this proposition—not less at war with equality,
than it is wi‘h the true principles of political econo j
mv,—“Sky high."
_
dt:li n q u en t l a n ds
W <• understand ihat tli:* Senate on yesterday went t
into Commitee ot the \\ hole, (ocn. Iiade in the j
C’iiair.) on the bill concerning the delinquency and:
lorfeiiure of lands far the nou payment of taxes_j
Af-crsome conversation between several gentlemen.'
Mr. Morgan i itbnvod Ins intention to strike out j
several sections. Mr Mason concisely explained j
several of too sections proposed to be stricken out,
and the laws on the subject of lh* lands propi sed i<
be operated on by the bill. After which, Mr. Mcr
gan submitted his motion to strike out the 2d, 3d, and
17th sections. Ho took a very general view of the
various acts which had been proposed within a few
yeirs psst to quiet the laud titles in the wes
tern part of the State, and mentioned thqj:curse he
iiad pursued. Ho contended '.hat the sections he
proposed to strike out were unconstitutional, and
that so far from their quieting the till* s, us it was
supposed by the friends of those sections, they would
produce much litigation, and do no good- That as
the bill came from the House of Delegates, the
expense of making out, publishing, and recording the i
lists of delinquent lands, v/ouid cost the Common j
wealth from §30,Out) to §60,000 He referred to the
report of the Auditor, who admitted that these hits
might cost from £15.000 to $20,000, or even more —
The lists for Ins district would cost nnr.- than §2,000
He complained of the plan proposed in the b 11 for
conveying the Commonwealth's trio to the actual
settlers. The p’nn proposed, requires the settler
who shall claim the C minion wealth's title, to hi in •; a i
3nit against the President and Directors of if?'
Literary Ivund- This, he contended, was r.ot ncecs- j
sary, aud that the hill ought to be amended so as to
vest the title at once in the settler, without the inter
veution of a decree of a Court of Chancery. That J
the settlers, under the provisions of the hi!!, might all I
be brought to the Court of Appeals.
Mr. Morgan said ho was hi favor of some!
of the section* of the bill which would have j
a prospective operation, and he thought that ;
the bill, by b-ing amended so a - !o operate on laod,ij
hereafter to be relumed delinquent, vruutd bv v« rv
valuable: But ho was of opinion that an act to for
feit the lands which are now merely delinquent. aid
on which the taxes constitute a In n, would he ex
jtost /aclo, and unconstitutional lie read s- vcral
suthori:i-’s in proof of the positions he took.
Aher Mr. M. cone uded hi* remarks,
Mr. McComns. of Logan, moved to amend the 2d
section, so as to authorize a redemption of land., r,
turned before lti.il. until Lite ii st ol November next.'
Lome remarks were made on this mot ion by Messrs.;
McWhorter, Mason, Morgan, and McComas, when 1
Mr. Chinn moved the first of January, which was :
agreed to: and th*j comm;i:cc rr .;e, and had Irure i
to sit again.
L was remarked by some of the gentlemen who!
took part, that the debate would probably continue
for several days The questions raised on this bill
, seem to elicit much interest Indeed it is a subject !
i of deep interest to the State, nnd particularly to the
western pait; .;;d we are glad to see that a full in
| veatigat on ol :he powers of the Legislature, to quiet
! the land titles of the west, will probably take place, j
1 his seems to be desired on nil sides, bv eastern, ns
well as western gentlemen, so far ns we have hoard.'
The subject i* « delicate one, and ought to he acted i
on with great deliberation.
For the Whir.
To the Legislature of Virginia.
It year session be not too near its dose, I would !
ask leave to call your attention to two subjects, I
which, I humbly ilfmk. deserve the consideration of i
your body; and from thn evils of which f.li** people of:
the stale need the protection of their legislature. I
allude, in the first place, to the practice, 'hfougliout !
the 6tate, of securing debts by Deeds of Trust, on!
land or other property—and, in the second, to the
equally general practice of Deed writing by ihnsc
wb# have no acquaintance with the Iaw3 operating I
upon the subjects of the instruments they pretend to !
write. By the first, many very worthy citizens of!
the commonwealth have been reduced from indep«n- i
dence to poverty. By the latter, the titles to lands*
aro rendered insecure—litigation is incrcased4_an(j f
many have been deprived of that, to which they V
vere, in strict justice, entitled. Some will, perhaps
ay that the people already have the remedy for
liese evils in their own hands; a refusal to execute a
Jeed of Trust on the one hand, and an application to
i learned and skillful conveyancer on the other. The
'lain fact, however, that Deeds of Trust for eecur
ng debts are daily executed; and that individuals,
vlio do not understand the form they attempt to fol
ow, and much less how to vary that form according
0 the law and circumstances of each case, are con
tantly applied to to write deeds of conveyance, is
onclusive, that the legislature should interpose to
eheve ihe people of the mischiefs, which they bring
ipon themselves by, perhaps, a desire to accommo^
!nte or to keep from being sued, on the one hand;
mil on the other, by ignorance and a desire to save
1 d. liar or two, which is, generally, the difference
ictween the fee of the individual who has qualified
um-elf* for the business, and that of some clerk or
us deputy or other person, who would have it be
loved they are well versed in all tlm intricate law in
elation to conveyancing, without, in many cases
iver having rend a page on the subject. y ’
l would not be understood to m-an that Deeds of
I'rusi should b" abolished altogether; for 1 have no
loubt of their utility in some respects. The cases in
vhich they are useful will readily present them
iclves to your minds. I would say, however, that
hose who execute D'ods of T<ust ro secure the
jnyinent of purchase money or debts generullv,
itiouhl be ullowed a reasonable time to redeem their
iroportv. 1 would say, that all Trusts of lands
should bo put on a footing with mortgages; ora less
i-rtu for redemption, might, probably be reasonably
flowed—say ten or fifteen years; and in Trusts of
icrsonal property, that the time fin redemption should
lot exceed five years. The necessity for some pro
motion to those who are led into debt, on account of
:he>c visible effects, principally by the merchandis
ng part of the community, must be apparent to every
reflecting man. How often do we see an individual
untreated to purchase goods or credit, and, after he
lias been induced thus to purchase for some time, an
unexpected demand is made for the amount of his
lRcount. and if the money is not immediately paid, a
Deed of Trust is required on the whole or the greater
part of his property—the value of which is frequent
ly, ten or twenty times the amount of the debt, which
it is conveyed to secure. This deed ia executed with
a promise, generally, from the creditor, that, with
such security, the debtor can have his own time to
pay the debt. Such a promise satisfies the debtor_
lie thinks li scredi or is now secure, and will not push
him—he is lulled into entire composure on the sub
ject, and is thus induced to make no exertion to meet
i lie impending storm, winch only awaits the nod of
the creditor t0 burst upon his head and lei>ve him a
beggar. The lime, manner, and place of sale of the
property being generally left to the discretion of the
creditor, he selects his opportunity, and pounces
upon his debtor, with a ten, twenty, or thirty days
.mowing us nine iirac as possible to make
arrangements to prevent the sale of the property, or
to look OUT for a purchaser, who will give a fair price
fir r; and frequently selects an out-of tlie-way epot,
some distance from the property, as the place of sale*
The consequence is, ihat the creditor is, in many
eases, the only bidder, and he gets the property, in
a <mc instances, for less than the amount nf his debt
and the unfortunate debtor is thus reduced to poverty
without the possibility of helping himself. 3
If such evils arise (torn ilie collection of debts by Deeds of
Trust—and for evidence that they do, I have only to appeal to
your own observation—should not a suitable remedy be ap
plied, and tltis strong inducement to the merchants of the Slate
to credit their neighbors at once removed? Cast your eyes to
your respective counties and district?, and ask yourselves if
many merchants have not become the owners of a lar"e port:an
of land in the neighborhood of their stores; and this, too with
out any tiling like an adequate consideration. In my humble
opinion, there is no provision of any of our laws, of which I
am aware, that tends more to centre the wealth and indepen
dence of the worthy yeomanry of the State, in the hands of a
few traders and dealers, than the law authorizing the securing
and collecting of debts in this manner. We have thrown aside
the law, which gave to the eldest son the whole of the land of
his father, in order that wealth might be more equally distribu
ted; but we have retained ihis featuie of the English law* in
relation to Trusts, which virtually counteracts°tlie repea’l of
the law ol primogeniture, and, indeed, has a worse effect than
that law could have had; for it puts into the hands of a single
individual, in many instance?, the wealth of whole neighbour
hoods, and reduces many industrious aud worthy farmers and
their families to want.
Let individuals, wito are thus induced to execute Deeds of
Trust to secure debts, he allowed a reasonable time to redeem
their property, and jon will find fewer debts contracted Mer
chants well be less disposed to credit out their goods if this
vmy profitable and expeditious mode of collecting debts is re
moved It may. perhaps, be said, that suits would be moro
resorted to for collection This would he the case, if at all t<»
a very limited extent, as the number of debts would be verv
much lessened Collection by suit, however, affords the debtor
a better opportunity of obtaining a fair price for his properv
should he not be able to pay the amount 0f the judgment and
prevent its sale. As I before remarked, when an individual
executes a Deed of I rust on hts property to secure a debt he
thinks his creditor is perfectly satisfied, and makes no effort to
remove the incumbrance, till the hour for indulgence has pass
. f1“" ‘r1 * 6',’t >,e instituted against him and his eyes are
immediately opened; and he makes every effort to be prepared
Tor ilie judgment and rave hie property. Should lie not be ab’e
to save hi- property, however, it is sold in the most public man
u?r, by a public officer, after a notice of such sale at the Dre
ceding comt. r
i.u u.ccvi».i»mR uom any ami every individual beinE
allowed lo set himself op as conveyancer, without the least
knowledge of the laws operating upon the subjects thus attemn.
led to be properly co iveyed, let me refer to yourselves for the
illegal, informal, and inoperative Deeds of Conveyance <fcc
that have come under your view in your several counties and
instricts Why is it required, that no individual shall he allow
ed in practise law in the couns of the commonwealth, without
having been previously pronounced qualified to do so bv tba
Juuges of the Stale? Krcause .bn 1,ligation ol the country
should be properly conducted, and incompetent persons should
he prevented, as far as practicable, from imposing themselves
upon those individuals, who are so unfortunate as to he invol
ved in law suits. Is it of less importance that the praciicc of
law m relation to land titles, should be in the hands of men
who have prepared themselves for it, by a long course of study
and hrea pronounced so qualified by the Judges of the Coni
mo.iwealth Is u not. indeed, of the utmost importance that
the conveying of the tides to our lands should be in the hand,
of th .se who are acquainted with that most difficult branch of
our laws, and not left to the mercy ol every clerk, ur deputy
rle.k, or other individual in the State, who may attempt to fol
low an inapplicable form 1 o remedy this evil, as far as pos
sible, I would suggest that every individual, presenting a Deed
or ( oiiveyauce. Ac. for record, he required to sav upon oath,
loat such instrument was written eilher by ooc of the parties
or by some licensed lawyer. Wills, from the necessity of the
case, must be excepted. It is to bo regretted, however that
some means cannot he adopted to ensure, as far as ciicumstan
rc* wdl admit, tbe execution of will, according to the renui
mesof law, and thereby prevent the frequent litigation that
arisesinpon them That member of the Legislature, who will
have these •objects brought before them, will be dob,* on inej
tiinab.e service to the State A CONSTITUENT
HOUSE OF 7)12 LEGATES.
n,. „ , March 17.
TdPSrnaie have pc- ! the bi.L-f, Concernin'*
1 e ick n Savage; 2, A.r.OD.Iing an act incorporatin''
a Company to cons’riictn turnpike road from Harper’a
F- rry to some point at or near Smithfield in Jeffcr
son, passed February I «30; Amending the acts in
corporating the North Anna, South Anna, and Pa
intinkey River Companies; 4, Authorisin'* a Lottery
to build a b-idgo across Rapid Ann River below Gcr
manna Mill*.
Mr Miller of Powhatan rose to make somo re
marks personal to himself. When the resolution was
introduced for compensating the Governor for his
rx-ofiico services ns Presid-nt of th* (wo funds, he
ki.I Hupp»rf.’(l it by argument and by his vote. When
the bil! canto before the Howe, -ho gentleman from
1 rincess Anne. (Mr Shield) moved to postpone if.
and m support of the motion, addressed some oper
ations to the House, which he was not so fortunate
03 distinctly fo hear. His attention had since been
called to a roporl of those remarks in the Enquirer,
where the gentleman (Mr Shield) is icprescnJed as
saying that the bill - nstd.oualy- sought to increase
the Governors salary, the attempt to do so directly
havmg (ailed. Mr Miller here read the report of
Mr Shield s remarks, and called upon that eentleman
to say. If he n*ed it, and using it intended to apply
that term to him?
Mr Shield disclaimed the intention to reflect noon
the motives or conduct of any member. He did
not believe having made the remarks hastily) that
ho used the word insidiously in the debate—buW\:r