Newspaper Page Text
the narrator can say in its favor is simply
this : it fell out in the hands of honorably
men nndwontctL who could not be suspected
of an intention to impose on the credulity of
their friends ; it referred to a circumstance
which the persons concerned had the least
reason in the world for raising a story about;
nud it was almost universally believed by the
cotemporrrrics of the principal personages,
and by the generation winch succeeded. It
\ras one of'the stock traditionary stories of
the mother of a distinguished modern novel
ist ; n lady whose rational good sense and
strength of mind were only equalled by the
irreproachable purity and benevolence of her
character.
“ It will aho, no doubt, be known to manv
of our readers, that the author of ‘ Wavcrly,
has wrought up the incident into a beautiful
Ilcnous tale, entitled “ My Aunt Margnret’s
Mirror,” which appears in the ‘ Keepsake,’
1829 ; affording another proof of the slight
foundations upon which Sir Wither Scott
rears his splendid superstructures of fable,
nnd from what shadowy hints of character he
occasionally works out his most noble and
most natural portraitures.”
THOUGHTS ON DOMESTIC EDU
CATION.
Under this title, Messrs.' Carter trad Ilen-
dec, of Boston, have published one of the very
best (assistants to parents, nnd particularly
to mothers, that we have ever seen. It is a
work, as is stated in the preface, “the result
of twenty years experience, in a family of
three sons nnd three daughters ” The au
thor’s remarks, on the education of children
arc clear, unaffected nnd judicious,—giving
evidence of no ordinary insight into the oper
ations of the Itumnn mind, and she treats of
the subjects which fall under her notice with
the air of attraction! philosopher, though with
out (he pertness of n bus bleu. Wc extinct
the following sensible observations on House
wiunrtv. [Boston Daily Advertiser.
" To that middling class of life, to which
these thoughts arc principally directed, there
is no female accomplishment more valuable
than housewifery. By that class is it sulli
eiently prized as an accomplishment I »r
wisely inculcated as a necessary branch of
education ? It is feared not. Few girls arc
regularly initiated into the various household
duties ; yet, to all girls, the knowledge of
them is essential, since, ns wives, daughters,
or sisters, all will probably have household
to superintend. IIow extensive the mischiefs
caused by ignorance of housewifery, wc every
day hear and sec painful instances. The
misery endured by the helpless untaught indi
vidual, iti feeling her ignorance, nnd seeing
the varied form of evil that ignorance produ
cts, must he most set ere. Lot not mothers
wilfully condemn their daughters to sorrow,
disgrace, and error, from which it is so easy
to rescue them.
The duties of housewifery being generally
ofnn active and desultory nature, nre usually
very agreeable in the performance to active
and variety loving young people. They
will, therefore, he cheerfully attempted and
parsuod, and wc shall enlarge the pleasures
of girls, by the snme encouragement with
which we prosecute their improvement
But (hero is one caution that must be un-
dcviotingly regarded. In pursuing the sit
perintendence of house keeping, girls must
net as the mild but respected directors of ser
vants, not as their nssneiato*. coafldantes,
and playmates. This rule can he easily en
forced. Children should be taught to regard
servants ns fellow-creatures, as beings like
themselves, prone to error, hut capable of
virtue. At the same time, tbey should be
taught that| whilst they may love nnd pity
those beneath them, it is always most wise
to choose their companions nnd friends, ns
much as possible, in their own rank -on
this principle, namely, that they may not learn
to domineer over mean associates, nor cringe
beneath great ones.
This premised, the first lesson of house-
. wilcry should he practised under the eye of
the mother. At fifteen years of age, a girl
will know enough of arithmetic to be ready
ttf accounts, and will have sufficient judg
ment to reason fairly on what she observes.—
At tliut age she may occasionally attend her
mother in her daily visits to the kitchen nnd
the larder. I.ot her behold the arrangement
of household business—the manner of giving
directions—the plan of furnishing supplies;
v —sliu will tints gradually imbibe a clear con-
: ccption of all such imittirs— she will under*
f stand the usefulness ufiuclhod—-Shcwill find
out the usual consumption of a family; she may
be taught, by example, to censure with mildness
« -—to listen to reasonable excuses—to be por-
• emptory in just orders ; to know what to ex
pect from the industry, and what to pardon
• to the frailty, of domestics.
To avoid a dangerous association with
' menials, it would be advisable to bound the
• exertions of the youthful linnskeeper to super-
■ intcndcncc. Unless urged by imperious ne
cessity, let not girls assist the labours of ser
vants. It is money badly saved to make
them perform any humble business, which,
for n lew shillings, could be performed by a
Iiiroliug. The mother had better do it herself
if she cannot afford a few shillings, nr dis
pense with smart clothing for herself or her
i child, to meet llio expense, or be present
when her child is so occupied.
I It is not from a sentiment of prido that this
point is so earnestly recommended, hut it is
iVom a desire to check the dissemination of
error. When u young lady and h. r maid
. are engaged -together in some occupation,
* they must enter into conversation ; now, of
^ what nature must thut conversation prove.*
| Flic maid would not understand the wisdom,
t aor relish the morality, of her polite associate,
; jut both maid and miss could understand,
< ,iud, wc four, both would relish the retailed
,icws of the day—anecdotes of neighbors
and petty scandal. By-this power of com-
*nunica.'.:oti both maid und miss arc contuni-
..uated. The menial is encouraged in habits
“'if espionage and scandal, urn! the mind of
11 he young lady i» irreparably vulgarised and
poisoned. 1; were better she should per*
** brin the u hole labor in the parlor pr her own
v Miami>er, than thul such u fearful risk should
‘-c ran by association with a servant.
*■. The management of the hreukfast und tea
'Affile, will induce some knowledge of perfor
ming the honours of the mistress of u house.
\ Accusiouully, the whole arrangement of the
^o’.ise may devolve on theyoung housekeeper.
t sixteen she may he invested in all the
■Vghts and duties of the household superin-
‘Jndcnee. The mother may sometimes in*
learn judiciously to exert those powers. M e
have seen girls of sixteen very judiciously
conduct household affuirs; and, when mis
takes occur, as occur they must to beginners,
ill all the offices and business of life, it is bet
ter they should occur under the paternal roof,
where partial relatives are prompt to excuse
nnd remedy ; tlmu in the first days of bridal
management, w hen the agitated mind is full
of the variety and novelty of its duties, and
new friends and new kindred arc less dispo
sed to pardon nnd correct.
FINANCIAL.
^ fere with advice, but let the whole respnn-
ility rest with the daughter, that thus, being
?«r»wp <>nbrrr>wn powers, she may early
From the Free Trade Advocate.
ON THE PRINCIPLES OF BANKING.
[CONCICDED.]
This leads us lo the question of what are the
legitimale operations of hanking ? Weonswcr,
the discounting of promissory notes or accep
tances at short periods, received by the holders,
for property sold nnd transferred. If none
olhers were discounted, the expansion of the
paper system would always be in proportion to
the expansion of business. When Ibis was ex
tended, so as to call for more currency, more
currency would be created ; and when this
was limited, so aa to require less currency, the
excess would bo absorbed by iho pnymenta
inndo back to the banks. In these operations,
the level of the currency would not he disturb
cd,KO ns to produce a depreciation; for although
■ here would at times be a greater quantity of
bank notes in existence than at other times, yet
this qunutity would he in exact proportion to
thn increased demnnd, arising from an increase
of transactions. Thus would the elasticity of
the hanking principle accommodate itself to
the state of commercial wants. Money would
always he procurable, when it was really want
ed. and it would never he so plenty ns lo depre
ciate the currency and invite lo over-trading.—
The holders of real pnper could ulways got it
discounted, and even those whoso sales of tner
clmndize to the country, should not put them
in possession of notes or acceptances, could
also, without any violation of the legitimate
principles of banking, gel accommodations in
anticipation of their capitals for the samo short
periods, by borrowed notes payable at maturity
without renewal.
From this view of the subject, it mny cosily
bn seen, tlint all the benefit, which tho putilic
derives from banks of circulation, arise from
their elasticity. So soon, therefore, as they ex
change theit promissory notes, payable on de
mnnd in paid nnd silver,—not for tho promisso
ry notes of individuals payable at short periods,
but for government storks, mortgages, foreign
trills of exchange intended to accumulate, and
promissory notes understood expressly or im
pliedly, to he renewable in whole or in part for
an indefinite term—they annihilate their clnslic
powera, and place themselves at the mercy of
the public. They arc linbla to be called upon
for the payment of their notes faster than tiicir
debtors are bound to pay them, ami instead of
fulfilling their engagements, promptly and in
pood faith, they nrc obliged to resort to expe-
pcdienu, to deter the holders of their notes
from demanding payment. It is true that thoso
w ho hold mortgages could dispose of them.
It is nlso true that those who hold hills of ex
change and government storks could sell them
in the market, and hv that means absorb the
redundancy of notes, the return of which for
payment renders necessary tiio contraction.—
ilot sales of bills und stocks to a great C-itcnl
might occasion a full In th*;- r market price, and
liras exhibit a Iqfs Gu the books of the bank,
arising from this species of speculation. It is
probably owing to this fear thut stocks are sold
with such reluctance. Although it is by the
purchase ofstocks mainly, that those cxcessivo
issues ure created, which depreciate the cur
rency, nnd render subsequent contraction no
cessury, yet we seldom eee this letter opera
tion performed by drawing la the excess, thro’
the same avenuext wmrtni was ■■■ uu«.
merchants nro mndo tho victims of a partial
system, and thoso for whose benefit banks
were originally established, are obliged to sub
mit to all the evils of a contraction, consequent
upon an expansion, which thoy had no agency
in producing. This is u truo picture ofuffairs
such ns they have been moro than once present
ed io us in the United Stales, and so long as
hanks arc allowed to inundate the country with
their paper hearing no interest, in exchange
for tho paper of the government bearing inter
est, so long shall we he liable to periodical con
\ tilsions, in credit nnd property.
In offering these remarks, wo do not mean to
say, that onr hanks, surli ns they oxis, ought
not to lend their capitals except in the way we
have pointed nut ns the only legitimate one.—
Wo know full well, that the whole commerce
of the United Hinton, internal and external,
does not require half the hanking capital which
is now in operation. Thoy aro therefore of
necessity compelled to loan a gron part of their
funds upon permanent securities, of which na*
turo we consider to ho runewahle accommoda
tion paper. But ns far ns they do this, they
act as loan officers, and not ns banks, and their
agency in the manors renders no services to the
community, which thn individual proprietors of
the bank capitals would uot equally render, by
loaning tho snme to the same public or privato
borrowers. If hanks did not exist, tho money
which now forms their capitals would ho capi
tals in the hand of individuals, and quite as
accessible to borrowers as it is now. There
would, however, he this difference. Loans
rould he obtained furlong periods at once, and
the borrowers would not ho called upon for
payment before tho termination of their cuter-
prizes, ns they now arc.
Rut many people think, that, in addition to
the loans which individuals could make, hanks
have tho power to create capital. Let us exam
ine this opinion, which Ims at least soino ap-
ptarance oflruth. What iscapitnl ? Tho cap
ital oi a community is that aggregate mass of
things possessing exchangeable value, which
nre destined to supply ilu< necessities, Iho com
forts, and the luxuries of tho people, or arc in
tended to ho employed in the production of
other things with such ultimate view. 11 unce,
lands, houses, provisions, clothing, merchan
dize, raw materials, ships, utensils, machinery,
and other such articles, including gold nnd sil
ver, nrc capital. If the farmer wishes to ex
tend his labours, the capital he needs, is land,
cuttle, stock, implements, seed, food, und rai
ment. Ifn manufacturer desires to enlurge
Ins operations, he requires buildings, machine
ry, raw materials,and subsistence for his work
men. If u merchant proposes to extend his
commerce, lm wants ships, cargoes, gold and
silver, and provisions for his crews. The inon
ey which is wautoii hv each of these operators,
lo deal with ms wnl) »s to psy ihe wages of thoso
w horn ho employs, is only the instrument by
which he and his labourers are enabled to pro
cure some of the articles nhovo enumerated, so
that it is inunifust that the power of any given
population to set additional industry into notivi
ty is limited by the amount of its' capital, n.<
above described. Now it is very evident, that
the mere emission ol hank notes adds nothin-
to the mass of capital, previously existing, il
creates neither lands, houses, ships, machinery,
raw materials, provisions, nor raiment, llow,
then, do the issues of banks over and above
their capitals, operate upon the community,
and produce that appearance of increasing
wealth in places where they have hecnestuh-
lishod ?
This is an important question, and if closely
examined, will lie found to lead to till answer,
calculated lo dispel much of tho delusion under
w hich the public labours, us to n supposed Ma
in 1 :power of production conferred urmn a num
ber of individuals, by an act of incorporation.
It if this. These issues facilitate the transfer
oftheexisting capital, of things possessing ex
changeable value, by putting the liorrower in
possession of the credit of the bank, which he is
induced to pay for at n stipulated premium per
annum, on aceount of the advantages which he
supposes he will enjoy, in deulmg with that
credit instead of hisovvn. Divested of all my
stery and superfluous language, this is the nn
bed character of such transactions. But ii mny
be asked, does not tho increased rapidity of tho I
circulation of property and commodities occa
sinned by this facility, tend lo the promotion of
public prosperity, nnd to tho production of ad
ditional property and commodities, faster than
would otherwise take place ? We reply, thul
pnst experience nnd rnnson both proclaim, that
the very reverse is the fact. By the operation of
such hank issues, the rredit of the banka is
placed at the disposal equally of all who bor
rowed from them. Consequently, the inex
perienced, the unskilful, tho incautious, aro
placod upon a level in their purchases, with the
experienced, the skilful, and the cautious. The
result of this equality is, that some men aro
able to buy, who before were not able, owing to
a deficiency of credit. More competitors ure
brought into market, nnd prices rise from iho
spirit ofsperululinn, which never fails to ho en
gendered by the facility of procuring the means
to speculate with. In addition to this rise
which takes place from the competition of new
dealers, another one takes place, owing to the
abundance of the paper which lias been thrown
amongst the community by the original borrow
ers. This rise goes on with every new emis
sion of the hanks, and appearing to the public
(which is not acquainted with the internal ar
rangements of banks, nnd even those being ig
norant of the operation of each other.) like in
incrense in value, spirt of speculation is excited
amongst all classes of tho community, nnd pur
chases made for no other reason, than that the
buyers suppose they can sell the next day at a
profit. Industrious persons ulmndou proilnc
tire employments to pursue speculation. Ex
travagnnee and luxury are increased, in proper
lion to tho increasing atinmlanco of money,
haeatiso as prices, rise, nil who have property
or commodities on hand think thoy are getting
richer every day. Merchants einlmik in more
extensive enterprizes. Manufacturers extend
their establishments. Farmers build houses
and ornament their farms. All these op-rn
tions give additional employment to tho labour
ing classes, nnd for n time exhibit the sem
hlanre of accumulating wealth Every new
sale of commodities and property on credit cre
ates now promissory notes, and these create n
new de unnd for discounts.
But there must finally he a limit to this debt
sion. The depreciation Inis become so great,
that eoin may he profitably exported. The
hanks are called upon to pay their notes, und
they in turn call upon their debtors, who nre
by this tnennstist nwnkened from their dreams
— money becomes scarce ; the operation which
the hanks require is merely that those with
whom they exchanged notes upon aneh une
qual terms, shall exchange hack again. But
with this demand tho merchant cannot com
bly, because lie has long since parted with his
hank uotos, nnd Ii na in their place n store full of
goods, which lie has been Induced io puralin
on account of the high prices created by the
issues of the hanks, hut which lie cannot now
soli without a loss tlint will render him hank
rupt Tho manufacturer pleads the stum' inn
hility, because the saino high prices iodo-e;
him to erect '-“luingg and machinery j which
ire cannot now dispose of n; any price, while
the furmer confesses, that the rise in Ihe price
of land, which he thought was a rise in value,
induced him to invest in unproductive improve
ments, tho notes which lie hud received from
tho bunks. At this winding up ofthe entnstro-
phe, it will he seen, that during the whole of
this operation, consumption had been incrons
ing, whilst production was diminishing — that
iho community was poorer in thn end, than
when it began—nnd that the whole of tho ap-
r ««Miuvx> wf |>fwUUU **>hh f»VhU»llOtJ|
while the curroncy was gradually imTunsm*
JUDICIAL.
such ns now exista, or may hereafter he const!-1 Northern Editors. But the time lias past
j u t*-(I in any incorporated r»?v, a sea port J when th«M*mir§e of any one man or set of meu
town and port of entry, may in* v» a»«*d with juris
diction, under such rules and regulations as
the Legislature may hereafter hy law direet .
It is hardly necessary to say that this exception
dnns not confer the power to villas** corporat
ions, nnd these being all the exceptions to that
i From the .ithr.nian
The following opinion of Judge Clayton, with
some few alterations, was given in June last,
and what is a little remarkable, about the snme
time Judge Cobb was, perhaps, making a simi _ , , a
lar decision, in the case of the city of Augusta I broa rant of the power to the Superior court,
-neither Judge having any knowledge thut no corporation can impose the punishment ol
7 c . ~ . J n <>n •> oiii'xin •,ivl..^u it Im fan 4 ’ *»mrnnrtilC(l
ths puint was before the othor.
in quantity, was like that appearance of wealth
and affluence which tho splendid thrift exhibits,
whilst running through his estate.
IVo have now ono more populnr error m
combat, and then we shall bring tho subject lo
n closo. If bnnks do not create absolute capi
tal, it may he said that they at least make „
plenty of what is called money. That thoy
make it plenty with those who first get their
paper, is undoubtedly truo, hut as soon as time
has teen afforded, for that rise in tho pi ice of
commodities nnd property, which is inseparable
from increased issues of paper, to take place, the
plenty disappears. It requires ul the new prices,
the whole existing quantity of currency io cir
culate the commodities which at thn old prices
were circulated by the original quantity, und a
scarcilyof money is just ns likoly to he felt un-
dor n depreciated currency, asunder a sound
one, os .toon as the expansion has censed by the
banks refusing to extend their discounts any fur
ther.
This, vvo think, is e iruu description of the
hanking system, and it is not lo lie wondered
at, thut some of the politicians of England,
where It has been presented in its worst dalhr-
mity, should begin to entertain doubts whether
thn evils attendant upon it, do not fur outweigh
nil the benefits which the community derives
from its oxistunca. For our own parts, vvo
have long been of that opinion, judging front
the manner in which it bus been administered
in tho United States within the Iasi fifteen years.
It must not he supposed tlint we have depicted
in the foregoing account, sail as it is, all ihe
consequences of a depreciated currency. Wo
have said nothing relative to its direct influence
in reducing tho value of nil fxed incomes,
whether they he derived from government
stocks, ground rents, loans, or mortgages, sain
ries or annuities, hy reducing the value of the
money in which they nre paid. We have stud
nothing respecting the power possessed hy the
bnnks of altering, at their pleasure, the money
valuo of ull the property in the country real as
well as personal, und of shaking to their cen
tre the very foundations of society. This Iasi
is n political point which vvo nro not prepared to
discuss, but we cannot leave tho subject with
out proposing one solemn question to the na
lion. Would the people ol this country deli
berately consent to place in the bonds of a cor
poration, or of any hundred corporations, the
power to alter at their plonusurc the standards
of weights and measures, and to say, that n
pound, a gallon, or a foot, should be one thing
to day, and another thing to-moriovv? And
yet by conferring upon banks the power to c\
paml and contract tho currency, at their li
Opinion upon the Ordinance of the town of
Salem, passed for the purpose of “ regulating
the Exhibition of Shows” in said town.
All corporations derive their power from the
Legislature, nnd that power must he strictly
pursued,—they may decline a part or the whole
of it, hut they cannot enlarge the power gran
ted. The Legislature never intends to, indeed,
they cannot, grant unconstitutional powers.—
Whenever, therefore, the power given is either
unconstitutional or transrnnded hy tho party to
whom it tH given, the net is illegal nnd void.—
What is thn power given to the town of Salem?
“Full power und authority to make such bye
laws anil regulations, nnd to inflict such pnius,
penalties and forfeitures, and do all other incur
portite acts us in their judgement shall ho most
conducive to the good order nnd government
ofthe sniil village of Salem : Provided, that
such bye-laws and regulations be not repug
mint to the laws ant! constitution of this state.”
Under this power ait ordinance has linen pns
sed, declaring “ that all Shows of Men, Anim
nls, nf things exhibited within tin- limits of ttin
corporation, shall he subjec t to u her nr fine,"
&e. And under this ordinance a limn hy the
name of Ih-ssentn Florus lias been token for
shewing himself as a dwarf in Ih said town of
Salem. Tile subject will lie considered, 1st,
under the right to Tux, and 2dly, under the right
to Fine
Kir*t. Tuxes have a legal well known defin
itian, they are never usrd for punishment*;
they are intended for revenue, Imposed equally
upon, anil exacted from the community where
they nre to lie employed, or upon such things
as sre brought within the community, which
an there liable to taxes and actually taxed. I
speak now of corporations within a state, If the
meaning ofthe word tax, as distinguished from
t he vvor I fine, which is n penalty always used to
prevent nr punish the commission of an net
which may ho injurious to the society bavin
(lower to impose it. This distinction must lie
preserved especially, in the power granted to
eorporations, or olse they might heroine a
source of intnlernhlp grievance, to the citizens.
I 1 ’ 'll v can tax either men nr property, wit with
in their limits, and different from the lax which
they impose upon themselves nnd tltetr own
property, who would lie safe ? If they can lax
n tnau for shewing himself, as a mere tax
revenue, who may happen to come within their
limits, they may tax him for any thing e|so:
it is impossible to draw the distinction. -
And if they can tax property carried there
which is not intended to remain ami be employ
ed there, and upon which there is not a similar
tax iqion like property within their jurisdiction
vvlin does not perceive (lint thn moment a ciii
zen, living out of nuo of these rorporation*
rides into it, ho is liable to im taxed, without
hi* consent, (for lie lias had nothing to do
making the law,) perhaps for llio more fact of
riding(because it is immaterial wlttit the act is
otic is ns liable to taxation n« another,) nud It;,,
horsa may *!'so uo ; n kon find subjected to a tux
10 I'.Vuntlce a revenue, tin: benefits of which lie
docs not share. Tho exercise of such a power
would enable corporations to support them
selves and their town regulations alone from
foreign (axes and without imposing n cent
upon themselves. This power the Legislature
does not give to corporations, and the citizens
are protected from its excreiso by that provis
ion which requires all corporate arts to he con
sistont with state laws. Wlt< n therefore a cit
izen who does not reside, or has not property
within a corporation, is taxed by that corpora
lion, it is contrary to law ; because helloes not
belong to llicir government j he does not fall
within then-powers ; ho lias no agency in the
law that demnndsthe tax, and ho is only liable
in common with thn other citizens, to the slat
for bin contributions. This is the, government
end the tine alnr.o which ho is hound to support.
The commissioners ofthe town of Salem, t here
fore, as a rcve.ime law could not pass the said
ordinance. But if thoy intended it ns a penally
to prevent the commission of nn act which
ihey, in “ their judgement,” thought proper for
“tho good order and government” of thoir v11
Inge, then it v. as uonoecBsnry to employ the
torm " lax," especially ns they had used ile
word./lne, which properly nnd legally belong-
to that object; and this brings us to the consul
oration of the 2d thing proposed, to wit: VVlint
jurisdictions have a right to Fine.
Thn word Fine, always implies a criminal
act, nnd is certainly used ns a penalty or nimsh-
menl for au act committed or omitted, in vio
lation ofsonte law. The right to punish un
questionably involves iho right to try tho of
fonco which incurs the ishment. Let us
now see where this jurisdiction belongs.
According to the 1st sect, of the 3-1 art. ofthe
Constitution of the state, “ the Stqiorinur Courts
shall have exclusive and final jurisdiction in all
criminal cases.”
Tins is the section ns it oi iginally came from
the hands ofthe framers ofthe Constitution.—
It was soon found hy various decisions of thr
Superior Court, on certain law* imposing tinea
for obstructing water courses,Iff. that certain
exceptions to ibis broad power were neeessary
and accordingly, in I81J, the following amend
meat was adopted, to wit: “ except as relates
to people of colour, and fines for the neglect of
duty, nnd for contempt of Court, for v Halation
against road laws, and for obstructing vvat
courses, which shall he vested in such judii
ture or tribunal, as shall be, or may have been
pointoil out by law,” These were the first
exceptions to the “ exclusive jurisdiction,” g
ven to the Superior Courts in "all ciiminal
cases," and which prove beyond all question
tlint before this amendment the power conten
ded for hy ilin town of Salem, could not
granted hy the I.egitlaiure, or else there would
have been no nerch.-tty fur thu amendment.—
Now let us sue whether tho power is granted
in tiny of those exceptions, ii is not in the one
that “ relates to the people of colour," nor for
“contempt uT Court,” for violations “ against
road laws," lor obstructing “ wati>r courses
then if it is not in the one relating to -fines for
neglect (j duty, it is no whore. Now ev ery one
most perceive, and Snell has been t lie construe
tion, that lilts friers ohviuusty to neglect vj die
ties imposed hy the state ( nv-, such
fine an a citizen, unless it he nn "incorporated
city, being a sea port town, and port of entry.
The t-oiiMi i t in ion being tlm supreme law ol the
slate, to which all othor laws within its sphere
must yield, I cannot feel, nay I ought not to
feel, any hesitation m saying the ordinance
aforesaid is inoperative.
A. 8. CLAYTON, Judge
Superior Court, Western Circuit. Georgia.
From the Charleston Mercury.
VIRGINIA.
Our renders nre uvvnre that Delegates to a
Convention huve recently been elected in Vir
ginia, for the purpose of framing a new Consti
tution for that Commonwealth. One would
supposo that the great work of re organizing
the government—and particularly of deciding
the important questions of free representation
ami the right nf suffrage-- would be sufficient
labor for that body, without distracting their
councils hy the inttoduction of topics, no way
connected with the political welfare of the peo
ple, and calculated only to produce discord,
confusion, and excitement, in the public mind
Hitch is the nature of fanaticism, however, that
it omits no opportunity to proinote'the uccotn
plislinicnt of its visionnry schemes, utterly re-
gardlesB of the evils which mny follow
in their train. We observe, accordingly, tliui
a plun lias been devised in Virginia of petition
ing thn Convention to provide for the gradual
aboli ion of slavery in that Slate. This plan,
it is said, originated in Augusta County, where
a memorial has been extensively eirtmlnteil ;
nnd where, according lo the Staunton Speetn
lor, there is “ much unanimity of sentiment” in
relation to the measure, “though some differ
of opinion exists ns regards the time of
agitating it.” This is one of the blessed effects
ofthe Colonization Society, of which Mr. Meii
c it it is t ho great organ and apostle. If the
Constitution of Virginia is to he re-organizeil
upon the principle of uholition, letter, infinitely
better, would it have been that no Convention
hud been called. We cannot believe, howe.vei,
that the people will sanction such a suicidal
scheme, or that the reflecting portion of the
Convention will treat it otherwise than ns tin
ridiculous outpouring of mistaken philanthropy
A subject of this kind could not be entertained
withnnt producing unspeakable excitement, not
only m Virginia, hut throughout the whole of
the slave holding States. Is there ntty good to
bo produced, that can compeuftnie the evil
which may follow from iie agitation of the
question? The abolitionists, wc arc persuaded,
never ran succeed tit carrying their point—hu
titey may, without intending it, give such n til
rec'ion to the minds nnd feelings of a certain
class, as may terminate in consequences which
would cause even fanaticism itself to curse its
fully We understand too well the “circam
stances" lo ivliirli the Richmond Enquirer al
ludes in tho paragraph below. We know nlso
tliut “ circuinstunees” of the snme kind hav
recently oceii-t-df! !h several other sections c
itie riotilll and West, Tile linrison, indeed, is
dark and low tring on every side. An 1 is tins
a time for the torch of fanaticism to he thrown?
Is this the time, when tho public mind is si
much disturbed, for the mlvocnles of uholition
to itarnss it inure hy pushing the accomplish
ment of their quixotic (dans? Ought not every
good citizen lo aid in restoring order, anil cul
tiling apprehension? And ought not those
who, from whatever motive, nre throwing fire
brands in ihe Southern Slates, to be derisively
frown down hy popular indignation
Whilst on his subject wo cannot refrain
from saying that we have observed with much
regret, that it is becoming common utnoug tho
Southern Journals to publish regularly and
minutely tho history of every outrage commit
ted hy a certain description of our population
Would it not he well (wc would respectfully
suggest) to discontinue the practice. \Ve hav
made it n rule novel-to copy such articles, and
We should he ght I never again to see them in any
Southern print They eon, al best, only gratify
nn idle curiosity, iho gratification of which may
he ptirchnsed far above its value.
The following is the paragraph from tho
itii-limood Enquirer above referred to:—
“ Why should wc moo* so delicate and oni
liArrnssing a question at this time? lias not
the Convention already difllcnltu s enough to
contend with ? The prinriplo oi' free repre
sentation, and the right of suffrage, are already
interesting enough to demand all the wisdom,
and discretion of the Convention to arrange l °
he general satisfaction. Why throw in tlit
can give direction to public opinion in this coun
try. Men, these tleys, examine for themselves,
ami if we nre not greatly mistaken, nre now in
ail quort.-rs of the union making such an inves
tigation into the policy of the “ American Sys
tem,” as will in a few -very few years, end in
the total disgrace of that selfish, sclieeming,
combining class of our population, and in the
shameful defeat of i hat great political charlatan
Henry Clay. We have great hopes of New-
Enelnnd, nfter all, for, how can they get along
without their Commerce. Massachusetts
abounds with too many educated men, long to
remain subject to the inconsistent unprincipled
party to which Messrs. Webster and Everett
belong. The writings nf these very gentlemen,
must destroy them and we see n feeling of dis
content and disgust rapidly- spreading over tlint
State in relation to the Ainetiean System anil
its present ndvoentes, the honest and consistent
Messrs. Webster and Everett.
From the U. S. Telegraph, July iO.f
Case nf Tobias Watkins.— At the opening of
the Court this morning, Mr. Key, oil the part of ~~
tho United States, replied to the argument de
livered yesterday hy the counsel for ihe prison
er. At 11 o’clock he concluded, when the Jury
retired, and in two hours returned with a ver
dict finding Dr. W. guilty of having received
$750 iu his official capacity and applied tho
same to his own use.
The counsel for the accused required that
the verdict should ho recorded, contending
that it was equivalent to a verdict of acquittal.
Mr. Swann and Mr. Key objected to this on
the ground, tjmt the verdict did not apply to
the matter of the indictment, and was insuffi
cient to pus* any judgment on. The court subse
quently sent for tho Jury, and informed them
hut they (the court) could not receive the vor-
licl. inasmuch as it did not find whether the
$750 wits the money of the United States, or tho
fraudulent intent by which it had been obtain
ed by Dr. Watkins. The Jury retired, nnd at
lour o'clock, returned with annineiuled verdict,
'ha' the prisoner was guilty of haring in his of-
fecial rapacity, obtained and 'applied lo his own
use. $750, money ofthe United States.
I’he petit jury was discharged till Monday,
hen, it is presumed, the trial ofthe individual
for the fraudulent obtninineut of the $300 will
come on.
An ancient, rich, nnd distinguished individual
used to say---! owe my wealth and elevation to
the neglect with which I used to he treated hy
the proud. It was a reel benefit to me, though
uot so intended. It awakened a zeal which
did its duty, and was crowned with success.---
I determined, if this neglect was owing to ujy
w unt of learning, I would ho studious mid ac
quire it—I determined, if it was owing to nty
poverty, 1 would accumulate property, if ex
treme vigilance, industry, prudence and self de
nial would do it (which will not tdways.) I de
terinined, if it wns owing to my niunucrs, I
would bo mure circumspect. 1 was anxious,
nlso, to show those who had so treated me, tliut
I was undeserving of such coldness 1 was
also warmed hy a desire that the proud should
see me on n level with, or elevated above them
selves. And was resolved, above all things,
never to lose the consolation of being conscious
of not tieserving the hauteur which was dis
place! over ure.
patrol
will and pleasure, the power is virtually givon tci ? n ‘* "!' !:!u al “ l ; ‘“ l 111 *bo rl B !| t >d the
them to alter the standard of value. :u , uiu ,i ' powers in corporate bodies
to punish otto is by line. It must ho nppar
tent lo all, that the neglect of law fill duly is
vary ililierem Irom the commission of an aci
prohibited not only hy a state law, hut by an
ordinance of an incorporate a village.
Bsstdes, powers are never suffered to he
drawn from doubtful expressions, and (lie
above is too vague to vest corporate bodies
with the right lo impose fines ut pleasure, nud
to divest the Superior Court of o jurisdiction
in the grant ol which there is nothing equivo
cal or obscure, especially its will presently be
seen ; this same power is expressly given to
certain corporations by a subsequent amend
ment of tho Constitution in 1818. li the fore
going expression gave the power to any .me
copul ation to impose tines lor neglect of duty,
it did to all, and there could bo no necessity for
this last amendment winch is us follows, “ and
except iu nil other minor offences committed
by free white persons, nnd which do not sub
ject the offender or offenders to loss of life,
limb or inenihei, or to confinement in the 1
SOUTH A3IERICA.
[From the .Yew Orleans Mercantile Adverti
ser, July 8.]
MEXICO.
We have hoon politely favored wiili exten
sive files of Mexican papers, of the Nbtioioso,
tltc Cororo, the Men«BBc.ro, nnd others to the
I7lh nf June. Among tho important papers
they contain, is the speech of President Gui-tn-
RKnn, to the Congress ofthe States, on tltp evo
id adjourning, in which lie commends them
highly for tho beneficial results that may he
anticipated from iln-ir labours, and for the dig
nified manner in which they acquitted them
selves throughout. There is also before us a
manifesto of General St. Anv, to tho Stntce,
which breathes a strong spirit for liberty, and
the duration ofthe constitution. He, in an ani
mated style, exhorts the Mexicans to seek per
fect tranquillity—to encourage industry and the
art* —and to educate their children, ns a safe
guard to their liberties. This publication of
tho genoral completely vindicates Ids reputa
tion from suspicions which have been hinted,
even charged on him, that ho aimed ut some
thing else than tire preservation of thoir repub
lican system Judging from what wo know of
the administration of President Guerrero, wo
think it much inclined, nnd calculated lo pro
mote the host interests of that county —tvicli is
at present more culm than could ho expected —
witliuut fears from internal dangers. It is
hoped ilium are in store for them many yours of
domestic quiet ntul tranquillity, to speed them
in thoir march lo the establishment of soino
permanent system of independence.
[Translated for the. Mercantile AJvcrtiserA
MEXICO.
Address <>f t|u President of Mexico, after tho
adjournment of the Congress.
Mkxic wns ! Your Congress has just closed
its yearly sessions, leaving the Constitution in
full vigor, nnd after having dnurand laws emi
nently favorable to tho preservation of public
order and nntionnl prosperity. You have aided
in the accomplishment of those great works hy
a conduct always in unison with tho laws, so-
rial order, nnd with constitutional liberty.
Fellow Citizens'. It is to you that I owe the
difficult charge winch I have undertaken for
the good of my country, nud I require of you
ho constant exertion of that patriotism which
— , oustaut ex - ,
other, and even more exciting subject, to rouse [,done' can unite us in pursuits calculated to givo
•ip all tin- feelings nnd prejudices of our Eastern ! stability 1“ those institutions which have cost
Brethren? Will not out- Western iii-iJhrcn
linn- difficulty enough in securing tlnur login
male rights und just demands, without stirring
lip such a question as this? Wluln we say
this, we agree with the Loudoun Ediior in hi*
deploring ofthe evil tie refers to. We regard
it ns a bane io our laud ; bin who is ignorant
of tin- difficulty of finding the antidote ? We,
however, forbearnt present. Th'S string can
scarcely he touched without jarring the body
polilte. Circumstances ure already hrfore. us,
happening even wiilnn tho present mouth,
which show the unfortunntn tendency of ag
rating such a subject, with the best intentions,
but without the most mature deliberation of
the means As friends of the Convention, cer
tainly, vvu would beg the Citizens of Augusta,
or any of the western rounties to forbear,
and pause upon this question.”
Tho Columbia Telescope also hits the follow
ing observations upon the subject: —
“ We publish to day n petition which is gel
ling up in Virginia by the Mercer Party to tho
Convention soon to meet in that Stale, praying
tile abolition of slavery. We were well aware
for some time pnst of trie apprehensions which
were felt in the lower and middle parts of Vir
ginia, in relation to ihe designs of this party,
and we regretted exceedingly for the ciiArae
ter of that respectable old Southern State, that
the Convention question hint ever been can ted.
For many year* past there has been h gradual
spreading of Northern feelings and opinion
over the north Eastern portion oT Virginia,
nnd taking its direction southward along tin-
great Valley of tiiat State. That tins party
will seize tlm occasion to rcvoiulioiiize Virgin
ia, can little ho doubted. Internal Improve
mem by the general government, protection of
National Industry (as their mode of robbery is
called)and tile destruction of slave property,
form till- great views of tin* Mercer party.—
the rcpiibKdNj many heroic sacrifices. A na
tion full of such noble resignation, and which
htiBsupported nil the vicissitudes of n protract
ed rev-dotion to obtain the object it had in view,
cannot fail to he convicted of tho necessity of
strengthening it* political existience, and t<7
tender eternal the glory it has acquired—ta
king ns its means, good fat'll, union, hatred of
nisinrd, the hue of labor, mid a profound res
pect for the laws of the Republic. Then thu
Mexican Eagle will rake its lofty flight to thu
highest summits of our mountains, and under
the protection of its wing, our united exertions
will enable u* all to consolidate forever tho nu-
gust liberty of Annlman.
Respectable Ministers of our sacred Roligi-
hcl. My heart fills with joy nnd gratitude when
I recollect that il was one of your order wlm
first raised the cry of Liberty : I feel tho liveli
est satisfaction in observing’thnt you preserve
in its purity n religion which derives infinite
support from the guarantee it receives from rite
morality of your actions, and yottr respectful
regard for the civil authority.
Citizen Soldiers'. Our country owes to you
her Independence and her liberty ; hut ns Ion"
a* your services shull ho required you will havm
done nothing ; she has the right to exact of
your heroism tho sacrifice even of your live*. —
You arc the very strength of the public, i,- u m
in that capacity that ( shall depend upon your
participation iu all such measures as mny be
come necessary for tlit; support of our Federal
Institutions.
Mexicans ! I atnconvincod that my duty ex
acts of me a perfect devotion to your interests,
without any return, for such was the solemn
oath which I took in 1810, when I first entered
into the ranks pif the patriots. In my present
situation my greatest pride must bo to acquire
nn honorable name, hy rendering myself de
serving ihe confidence you placed in me when
tentiarv ; in al! such cases, corporation Courts.'torally joVelied froin us whenever it'au'its'a few
Heretofore the wealth and influence of’Virgin-1 >0“ invested me with the uiithority of first ma-
ia has been below thn Mountains ; but raise the j H'>"f«te of the republic. My conscience has
question alarm the fears nf thn weak, and | nevoy reproached me w ith having deviated
thereby reduce the vulue of slaves and the Rpv ‘ r ~ 1
olution is complete. Lower Virginia -old Re
publican Virginia must give way to Western
\ irginia—and new principles and new doc
trim s will ho put afloat repugnant to thn fee
lings nnd dangerous to the property ofSouthern
peu|de. We renlly fear many good und true
men have been deluded into this Convention
measure, which sounds so magnanimous, but is
langprnns to every well organized govern
ment. Wnuhl to God, our forebodings may
prove delusive hut wlint hope huve wc when
wc eee such men us Mr. Madison nnd Mr. Mon
roe deserting their old republican ranks and
seeking honor from the enemy. Vain, vain
mao. a lew puffs, a few paragraphs from those
printing people of the North, have sm-li perstia
sive seductiveness, that our great men are
from those duties which so imperiously belong
to men in public life. You enunot doubt that
all my desires, all my solicitude, and all my la
bors, will have for their only object the felicity
ot the people. My government knows no other
party ilinti that of the Federation : happy will
I ho il i relire from the Presidency, or if I des
cend in in to the tomb blessed with tile benedic
tions ot the Mexican people.
VINCENT GUERRERO.
Mexico, May 23, 1829.
ItalTKAYED or Stolen from the subscriber
Stsm»¥m i sss!s»wia
no»d liU head (low 11 when irnvHUng. a letter directed to
I ost Ofhce will rer " - - -
Jlaticock county, Au?
TIIO. HUDSON.
