NEW SERIES. No. 14-VOL. VII.] BALTIMORE, DEC. 2, 1820. [No. 14-VOL. XIX. WHOLE No, 482 THE PAST-THE PRESENT-FOR THE FUTURE. EDITED AND PUBLISHED BY H. NILES, AT §5 PER ANNUM, PAYABLE IN ADVANCE, Things postponed are not always forgotten, and several articles which are lying over shall be inserted as soon as opportunity presents itself. In regard to a certain matter, we may observe, that it is sometimes difficult to prove what is almost uni-dual in the countries named, are not to be relied versally accepted to be true; and that accident, followed up by enquiry, may dispel a mystification which unremitted zeal to establish a fact has failed to accomplish. we are to extol the advantages which the United States possess, but articles like the preceding are only calculated to make foreigners laugh at us. The amounts stated to be paid by each indivion in all cases-but it is the comment that astonishes us: "Our admirable system of political economy," by which the people of the United States do not pay any thing to the support of the general government, because its resources are from "commercial CONGRESS. The proceedings as yet are not of revenue and not from direct taxes!" Who pays the much interest, except as shewing some of the pro- "commercial revenue?" The consumers. Who are bable topics which will be discussed--nor is it pro- the consumers? The people of the United States. bable that any thing important will be transacted Would there be any revenue if there were no coriuntil after the constitution of Missouri is decided sumers? Certainly not. Articles are taxed and upon. In the mean time, we shall have the report consumed and paid for by a people, and yet, byu of the secretary of the treasury, on the state of our wonderful "political economy," this people do not money matters, which will set the committee of pay any tax.-Indirect taxation is no tax at all!--ways and means to work; and the committee of ma- The United States must have more than twenty nufactures will probably have resolved on the millions of dollars annually-and the people must course which they will pursue at this session. Ma- make up the amount at the rate of more than two ny memorials for and against an increase of the du-dollars per head, including the slave population; ties on goods imported, have already been referred and if a person in the country, because there is not to the last named committee-among them, that of a "direct tax," avoids his share of it, another must the "convention of delegates, representing the merchants, and others, interested in commerce," recently assembled at Philadelphia, which we intend to REGISTER, MAIL ROBBERS. It seems that robbers of the mail are almost universally taken. Indeed, the public is so deeply interested in its safety, that nearly every man feels bound to lend his aid to detect the robbers of it. We notice the arrest of a person who carried the mail between Aldie and Leesburg, Va. who had in his possession a letter evidently taken from it; and the detection at New York, of another who robbed the mail near Coosawatchie, S. C. in February last. unjustly pay it for him. I do not pay half as much tax as I did a few years ago, and will pay less-- but this I know very well, that government gets at least fifty dollars a year from me, for articles consumed in my family. FOREIGN NEWs. By a late arrival at New York, we have a continuation of the proceedings on the trial of the British queen; on whose behalf many witnessess have appeared and many more seem to be in readiness for examination-a brief notice of all which will be found among our foreign articles. The testimony offered in favor of this woman, is given by highly respectable persons-people well known and responsible to public opinion for what they have said the reverse, in every respect, of : TAXES. A Virginia paper contains what is those who bore witness against her. These, her called "a correct statement of what each individual confidential adherents,never saw any improprietics inhabitant pays to the despotic governments of in her conduct, as alleged by her accusers-and it Europe, towards paying the public debt or ex- is impossible to believe that the improprieties statpenditures] in each monarchy"..."In England $10; Holland, 530; France, 375; Spain, 3 30, Germany, 3 10; Russia, 3; Denmark, 2 66; Portugal, 2 50; Prussia, 2 45; Sardinia; 2 20; Austria, 2 10; Papal, Sweden, Tuscany, Turkey, 1 75; Sicily, 1 50; Swizerland, 1 00." And then has the following re Barks. ed could have happened without their knowledge: for, if the Italians could be believed, she was continually-by day and by night, on the public roads and at every stopping place, toying with her pre sumed paramour, in the most indecent and indecorous manner-lost even to the sense of shame that has effect in a common brothel. Bergami is made "Add to the above the probable sums assessed out to be a person of a very respectable character on each individual for parish schools, paupers,unassuming and modest, and conducting himself tythes, and the support of corporations, and it will at all times as became his station of a servant. This almost stagger belief. Compare the above with the mass of testimony will be difficult to get over; and, state governments of the United States, and you will let the decision of the house of lords be what it have just cause to admire our admirable system of poli- may, ninety-nine out of an hundred will believe tical economy. The expense of state governments, that there was a most foul conspiracy against her, with some little variation, costs each individual at the bottom of which was the husband, who should about thirty cents, besides the support of corpora have protected her honor. The result is earnesttions and poor rates. This is ALL each individual hasly expected, because many think it must needs be to pay, as the United States draw their resources from commercial revenue and not from direct taxation." We should not have noticed this thing but because it has appeared in one or two respectable papers-cut out with the scissors and inserted without examination. No one is more willing than YOL, XIX.14. productive of important events;-but to get a full picture of royalty, we are almost willing to hope that her counsel may recriminate, and shew, what has been the conduct of the king!!! The London Evening Traveller, of the 9th Oct. however, int mates, that an advance on the price of the fands New-Jersey South-Carolina 14 Georgia 12 Rhode Island 11 Mississippi District Columbia 10 Indiana 76632217 Vermont 9 Michigan North-Carolina 8 Alabama Kentucky 8 Louisiana 228 Of the above, there were admitted in 1814 13 1817 33 10 1818 1815 1816 10 1819 85 77 228 dollars. The total expenditure for ground and buildings for light-houses, has been only 447,334 dollars, an amount much smaller than we had supposed. For the keeping and supplying light houses, the expenditure for the thirty years has been 1,559,531 dollars; for beacons and buoys, 267,783 dollars-making the total cost of the light-house establishment, from the adoption of the constitu. tion, 2,272,649 dollars.-Nat. Int. PUBLIC LANDS. Huntsville, (Alabama) Oct. 21. The public lands offered for sale on the second Monday in this month, have been generally disposed of at the government price. Some few tracts we understand, went as high as 5 or 6 dollars per acre. The wisdom of the late alteration in the mode of selling land, from credit to cash, is manifested in the sales now pending. The hardness of the times and the extreme difficulty of getting land office money, which is now 15 per cent. above the currency of the country, no doubt depress the price of lands; but those few tracts dis posed of have been purchased at about one fourth the price they would have brought two years since. We feel satisfied from this experiment, that not. withstanding the flattering prospects to the agri culturist and the improved price of cotton, if the lands in the big bend of Tennessee were again to be offered for sale in the course of the ensuing year, they would not bring more than about one fourth the sum for which they were originally sold. This section of country has already been disposed of for something more than $8,000,000, one fourth of which bas been paid, and the other three fourths, or $6,000,000, are still due by the citizens to the government. This enormous balance, in addition to what has already been advanced, will never be paid.-The purchasers must either lose the first in. stalment of more than $2,000,000, or the govern. ment must pass some alleviating act. Mayor's office, Philadelphia, November 23, 1820. From recent discoveries and frequent information received within the last twelve or fifteen years, the mayor of Philadelphia thinks it his duty to apprize his fellow citizens within the U. States, that there has been, for at least that period, a number of foreigners, of good address, but of base and depraved principles, who have visited our country with forged credentials, counterfeit recommendations, and spurious statements of alleged losses. These sons of deception have traversed the country in almost every direction, exhibiting their false documents, for the purpose of obtaining money for the ostensible object of redeeming some of their near relatives from Algerine slavery, SURVEYS OF THE COAST, &c. We noticed, the others to rebuild churches destroyed by fire or other day, a document transmitted to the senate earthquakes, to assist distressed villagers, whose all from the treasury, in pursuance of a resolution had been swept away by some sad catastrophe, or which passed that body at the last session. Co-to remunerate for losses lately sustained by pirates temporaneously with this report, in pursuance of on the ocean. Thousands of dollars have been a like resolution of the senate, there was also collected in this way from the charitable and hu transmitted a statement of the money which has mane, who, little suspecting that the whole was a been annually appropriated and paid, since the base fabrication, gotup and supported by forgery and year 1789, for surveying the sea-coast, bays, inlets, fraud, and the proceeds solely applied to and diharbors, and shoals; for erecting, keeping in repair,vided amongst a large gang of those confederated and supplying light-houses, beacons, and buoys, villains. From a source that can be relied on, they and for the purchase of ground for light-houses; have a rendezvous in this city, from which they isdistinguishing the places where they have been sue on their depredatory excursions, and after beerected, and the sums annually expended for keeping absent from three to twelve months, and some ing and supplying the same, from the 4th of March, times longer, they return with their spoil. 1789, to 31st December, 1819. For survey of the It is believed by some persons who are acquaintcoast, &c. the total expenditure has been 142,620 led with the system, that from six to eighteen thou to the general court. This objection alone may quash the proceeding. sand dollars have been carried to Europe by several of the different individuals who have been engaged in these dishonest schemes. But we suspect, in the second place, that a more This exhibit is published in order to put the un-solemn objection exists against this jurisdiction of wary on their guard, and to caution them against the supreme court in dragging one of the United placing any confidence in documents that may be States to its bar. According to the 2d section of handed to them clothed with all the apparent for- of 3d art. of the federal constitution, "The judicial mality of consular certificates, seals and signatures, power shall extend to all cases, in law and equity, as well as the names of other highly respectable arising under this constitution, the laws of the U. characters, as it is fully believed, that scarcely in States, and treaties made, or which shall be made, a single instance are they genuine or been honestly under their authority; to all cases affecting ambasobtained. sadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states, between a state and citizens of another state; between citizens of the same state claiming lands under grants of different states, and between a state or the citizen thereof, and foreign states, citizens or subjects." The undersigned has just been creditably in formed, that within a short time past, ten additional recruits to the corps have arrived at this port from Europe, and after being furnished in this city with forged documents, (for, by the bye, they are all, it is believed, manufactured here,) they started to the westward, in company with twelve or fourteen other men, who have been engaged in the above practice for some time past. It is to be hoped that the magistrates and other civil officers, where they make their appearance, will apprehend them, and, if judicial measures are adopted, there is little doubt but that they will soon disclose the whole plan. ROBERT WHARTON, Mayor. National Lottery Startled by a decision made by the supreme court under this clause of the constitution, the legislature of Virginia, as early as the 3d December, 1793, came to the following resolution: Resolved, that a state cannot under the constitu tion of the United States, be made a defendant at the suit of any individual or individuals-and that the decision of the supreme federal court, that a state may be placed in that situation, is incom pataRichmond, Va. Oct. 27. We stated in a late num-ble with, and dangerous to, the sovereignty and inber, that the chief justice of the United States had dependence of the individual states, as the same allowed a writ of error, and that thus the far famed tends to a genera consolidation of these confede. lottery case would go to the supreme court of the rated republics. U. States. We now understand, that the following singular summons has been served within the last two days by the federal marshal of this district, upon the governor of Virginia. The United States of America, ss, to the commonwealth of Virginia-GREETING: Resolved unanimously, That the senators representing this state in the senate of the United States, be, and they are hereby instructed, and the repre. sentatives requested, to unite their utmost and earliest exertions with the senators and representatives from other states, coinciding in sentiment with this state, to obtain such amendments in the constitution of the United States, as will remove or explain any clause or article of the said constitution, which can be construed to imply or justify a decision, that a state is compellable to answer in any suit by an individual or individuals or any court of the United States: and that the governor is hereby requested to communicate the foregoing resolve to the supreme executive of the several states, to be submitted to the consideration of their respective legislatures. You are hereby cited and admonished to be and appear at a supreme court of the United States, to be holden at Washington on the first Monday in February next, pursuant to a writ of error filed in the clerk's office of the quarterly session court of the borough of Norfolk, in a cause wherein Philip 1. Cohen, and Mendes I. Cohen, are plaintiffs in error, and the said commonwealth of Virginia as defendant, to show cause, if any there be, why the judgment rendered against the said Philip J. Cohen and Mendes I. Cohen, as in the said writ of error, mentioned, should not be corrected, and why During the session of 1793-4. Congress prospeedy justice should not be done to the parties in posed an amendment to the constitution, which was that behalf. Patified by a sufficient number of the states, and Witness, the honorable John Marshal, chief jus-now forms the 11th amendment-it is in these tice of the said supreme court, this 17th day of Ocwords:-"The judicial power of the United States tober, 1820. JOHN MARSHAL, shall not be construed to extend to any suit in law or Chief justice of the United States. equity, commenced or prosecuted against one of The governor laid the copy of this summons be- the United States by citizens of another state, or fore the council of state-who advised that he by citizens or subjects of any foreign state." should consult with two gentlemen of the bar, both The suability of a state by her own citizens in the men of much distinction and employ them to ap-courts of the United States, does not exist, because pear on behalf of the state, before the supreme it is not recognized by the federal constitution. court. We presume the state will protest, in the first instance, against the jurisdiction of the court itself. We are advised, in fact, that there are at least three points, on which this case may fail. Now, therefore, there is strong reason to believe, that the case before us is in the very teeth of the constitution. If so, this summons to the cominonwealth of Virginia is irregular, and must be dismissed. The Sd ground on which this case may be quashed is because of the absurd principle on which the claim to exempt these lottery tickets from state taxation must rest-the opinion of the five lawyers In the first place, we suspect that the borough court of Norfolk is not the highest court of law in which a decision in the cause could be had, under the 25th section of the judicial act of congress-to the contrary notwithstanding. but that a writ of error might be granted from the We state these facts to inform and arouse the borough court, to the superior court of law for the people-arise, or "the Philistines will be upon county, and afterwards from that superior court you." [Enquirer. Whale Fishery. The following is a list of the ships now employed in the whale fishery, by the people of the island of Nantucket. Ships names. Ts Commanders. Atlas'. Atlantie 249 Robert M. Joy Peruvian Prince George Paragon Rambler Ruby Roxana South America Thomas Tarquin . 320 Barzillai Coffu 287 David Cottle 309 Wm. Perkins 204, Laban Cottle 301) Micajah Gardner Owners. Jethro Mitchell Jethro Mitchell Obed Mitchell & Sons J. Starbuck & Co. O. Mitchell & Sons Two Brothers New-York-Convention. In council of revision, Nov. 20, 1820. Resolved, That it appears improper to the council, that the bill, entitled "an act recommending a convention of the people of this state," should become a law of this state. 1. Because the bill recommends to the citizens of this state, to choose by ballot, on the second Tuesday of February next, delegates to meet in convention, for the purpose of making such alterations in the constitution of this state, as they may deem proper, without having first taken the sense of the people whether such a convention, for such a general and unlimited revisal and alteration of the constitution, be, in their judgment, necessary and expedient. There can be no doubt of the great and funda- ́ mental truth, that all free governments are founded on the authority of the people, and that they have, at all times, an indefeasible right to alter or reform the same, as to their wisdom shall seem meet. The constitution is the will of the people, expressed in their originat character, and intended for the permanent protection and happiness of them and their posterity; and it is perfectly consonant to the republican theory, and to the declared sense and practice of this country, that it cannot be altered or changed, in any degree, without the expression of the same original will. It is worthy, therefore, of great consideration, and may well he doubted, whether it belongs to the ordinary legislature, chosen only to make laws, in pursuance of the provisions of the existing constitution, to call a convention in the first instance, to revise, alter, and perhaps remodel, the whole fabric of the government, and before they have received a legitimate and full expression of the will of the people, that sucia changes should be made. The difficulty of acceding to such a measure of reform, without the previous approbation of the constituents of the government, presses with peculiar force, and with painful anxiety, upon the council of revision, which was instituted for the express purpose of guarding the constitution against the passage of laws "inconsistent with its spirit." The constitution of this state has been in operation upwards of forty years, and we have but one precedent on this subject, and that is the case of the convention of 1801. But it is to be observed, that the convention in that year was called for two specific objects only, and with no other power or authority whatsoever. One of these objects, was mere. ly to determine the true construction of one of its articles, and was not intended to alter or amend it: and the other was to reduce and limit the number of the senators and members of assembly. The last was the single alteration proposed, and perhaps even with respect to that point, it would have been more advisable, that the previous sense of the people should have been taken. But there is no analo gy between this single and cautious case, and the When we consider the numerous other vessels measure recommended by the present bill, which engaged in the coasting and other commercial is not confined to any specific object of alteration trale of the island; the small number of inhabitants or revisal, but submits the whole constitutiona! it contains, and that the island itself is but a speck charter, with all its powers and provisions, howupon the bordering waters of our republic; and ever venerable they may have become by time, and moreover, that almost the whole of their shipping valuable by experience, to unlimited revisal. The was captured or destroyed so recently as the last council have no evidence before them, nor does war; we are struck with admiration at the invinci- any legitimate and authentic evidence exist, that ble hardihood and industry of this little active, en- the people of this state think it either wise or exte prising and friendly community, whose harpoons pedient, that the entire constitution should be rehave penetrated with success every nook and cor-vised and probed, and perhaps disturbed to its ner of every ocean. schooners. [Degrand's Report. foundation. The council, therefore, think it the most wise and safe course, and most accordant with the performance of the great trust committed to the representative powers under the constitution, that the question of a general revision of it, should be submitted to the people in the first instance, to determine whether a convention ought to be convened. legitimate authority. And it is worthy of considera tion, and gives additional force to the expediency and fitness of a previous reference to the people, that time will be thereby given for more mature deliberation upon questions arising upon the constitution, which are always momentous in their na ture, and ealculated to affect, not the present generation alone, but their distant posterity, and when The declared sense of the American people the legislature may probably bave it in their power throughout the United States, on this very point, to avail themselves of a more just and accurate apcannot but be received with great respect and re-portionment of the representation in the convenverence, and it appears to be the almost universal tion, among the several counties in this state. will expressed in their constitutional charters, that Ordered, That the secretary deliver the bill, toconventions to alter the constitution, shall not be gether with a copy of the objections aforesaid, to called at the instance of the legislature, without the the honorable the assembly. previous sanction of the people by whom those conJ. V. N. YATES, Sec'ry. stitutions were ordained. Legislature of Georgia, EXECUTIVE DEPARTMENT, GA. Fellow-citizens of the senate The constitution of Massachusetts was established in 1780, and contains the earliest provision on this subject. It provided, that in the year 1795, the sense of the people should be taken on the necessity or expediency of revising the constitution, and that if two thirds of the votes of the people were and house of representatives: in favor of such revision and amendment, the legis- When we view the oppression at this day among lature should provide for calling a convention. The the people of other nations, and call to mind the convention now sitting in that state, was called in circumstances under which you have been convenconsequence of a previous submission of such a ed, we have abundant cause to offer our humble and question to the people. The constitution of South grateful thanks to the Supreme Ruler of the uniCarolina was ordained in 1790, and in that it is de-verse for the many blessings we enjoy, and devoutclared, that no convention should be called unlessly to implore from him a continuation of his graby the concurrence of two thirds of both branches cious indulgence and providential care over our of the legislature. And the constitution of Georgia, country. established in 1798, contains the same provision; The extravagant pretensions entertained by mathus shewing that though the people be not pre-ny of the ruling powers of Europe, respecting their viously consulted on the question, yet a more than "legitimacy" and "divine rights," and the violence ordinary caution and check upon such a measure exercised in support of these delusions, should was indispensable. The constitution of Delaware, teach us to estimate the true value of those great of 1792, declares very emphatically, that no con- principles on which our government rests. They vention shall be called, but by the authority of the are well known to you all. The practical utility people, and that their sense shall be taken by a and beneficial effects of which are evinced and vote for or against a convention, and that if a ma-abundantly conspicuous in the happiness and prosjority of all the citizens shall have voted for a con-perity enjoyed, for nearly half a century, by the vention, the legislature shall make provision for people of the United States. Have we not then calling one. The same constitutional provision that every inducement of interest and patriotism to preno convention shall be called to alter or amend the serve, protect and cherish them with unalterable constitution, until the sense of the people by vote attachment? Among the means to be employed to shall have been previously taken, whether, in their this end, none will be found so effectual as the imopinion, there was a necessity or expediency for a portant subject of education, which has been prorevision of the constitution, has been successively perly placed under the immediate care of the adopted by the constitution of New-Hampshire, in legislature. I trust your wisdom and patriotism 1792; by the constitution of Tennessee, in 1796; by will aid in giving it a direction calculated to prothe constitution of Kentucky, in 1799; by the conduce the most desirable and beneficial results. stitution of Louisiana, in 1812; by the constitution In reviewing the events of the past year, none of Indiana, in 1816; by the constitution of Missis-will be found more deserving your attention and sippi, in 1817; and by the constitution of Illinois, liberality, than the destructive fire, which happenin 1818. ed in the city of Savannah in January last, and the It would, as the council apprehend, be impossi-sickness which has, with unusual mortality, preble to produce higher and more respectable au- vailed there since the mouth of August. In parti thority in favor of such a provision, and of its value cular the distresses of the poorer class of citizens, and safety. as represented, cannot fail to excite the most gene2. Because the bill contemplates an amended con-rous feelings in their behalf. Soon after the fire, stitution to be submitted to the people, to be adopt ed or rejected in toto, without prescribing any mode by which a discrimination may be made between such provisions as shall be deemed salutary, and such as shall be disapproved by the judgment of the people. If the people are competent to pass upon the entire amendments, of which there can be no doubt, they are equally competent to adopt such of them as they approve, and to reject such as they disapprove; and this undoubted right of the people, is the more important, if the convention is to be called in the first instance, without a previous consultation of the pure and original source of all an application was made to me by the city council of Savannah in behalf of their suffering fellow citizens, requesting that the legislature might be convened, to afford them relief. On reflection it was deemed inexpedient to comply with that request; but as some small relief to their immediate wants and pressing necessities, I advanced out of the contingent fund, the sum of ten thousand dollars, to be distributed among the sufferers, under the direc tion and control of the local authorities of the city. A letter from the honorable Thomas U. P. Charl. ton, mayor of the city of Savannah, a copy of which is herewith transmitted, will give you a more parti. |