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Vftrn impe«rfc, mi alive to tV * *et«ial
f"-«s *" them, amp'<‘ provision
)nd |.cm made !>v I <w, f.tr giving them, mo
ther mode*. Hit' full benefit «ff the judicial
*,avTer» of the Unitrd States, hi commencing
or transferring their r.acres, so ns to have
their rights submitted In the Judiciary ol the
Union. Not so, as to third persons—for no
possible reason can he assigned, why their
Interests, or right*, should he compmmilted,
because others chose to sue, or could not a-
void suing, in the State Tribunal.
So also, with regard to suits pending ; the
pride of opi»ton, mutual jealousies, or more
probably /mirepresentation or misconcep
tion, miglr have been productive of heart
barninv, but what his a judge to do with
the iiJnleotal questions which arise in So-
cietwnrom the clashing of individual fnter-
f. s t j_t!ie jarring and collision of rjghts that
Jc never been (nought under his review,
fistrue, a* has been urged, that these parties
Port'd have sought redress in the State Courts.
And I verily believe, from my knowledge
Of the characters who fiil that Bench, that
they would have foond justitc as faithfully
administered there, as it is any where. But
Who can control them in their choice ? 1 all
it *vhim, caprice, prcj'idicfc, or what tvcNivil!,
it the Constitution and laws give them the
option, they are accountable to no one for
the motive’s which govern their election.—
(jour- adjudged Cases have been cited, as
Serving to sustain or elucidate the argutnenl
against this motion. in the case of M Kim
vs. Voorhues, (7 Crattch, 479) the Courts of
the United States compelled their officer!? to
proceed to issue and execute a Writ of Ha-
!btrt facias Possessionem, upon a judgment
uecovered in the Circuit Court of Kentucky,
in opposition to an injunction issuing under
SKate Authority, and served upon the olfi-
ccrsofthe Court oftheUnited Slates. And
it is contended that the State Courts must
possess the same power, and will he ready,
under the precedent set by the United States
Courts, to assort it. How Courts will act
inwards their own nflicers, must ever re^t in
their own discretion. In the present rase,
no process is prayed for againBt the officers
of the Court, and when served upon a Plain-
tifT, he knows the responsibility under whieh
he requires of the Officers to proceed. The
case of M'Kim vs. Voorlules, was one in
■which the. Court could not have acted other
wise than it did. The object there was, to
elude M’Kim’s right to sue in the Courts of
the United States, by making the Clerk,
Who was a citizen of the State, a co-de
fendant, or to deprive the former of the be
nefit of his Judgment, by this mode of pre
venting the Writ of Possession from issuing
for the land he had recovered. To have suf
fered the justice of the country to lie thus
baffled and defeated, would have rendered
nny court contemptible. But the Constitu
tion of the United States, has w isely impos
ed an oath on the State Authorities to main
tain it, that the obligation of this sacred ap
peal may reach its support to those cases in
Which no other safeguard can be interposed.
I feel no nnprehehslon that any collision
will arise, which may not be put aside by
moderation and lenity, mutually exercised.
The Case of Diggs and Keith vs. Wolcott
(7 Cr. 179) was one literally within the pro
visions of the Act. It was between tile same
parties, and the Bill was filed during the
pendency of the suit in the State Court.—
But it is obvious upon the fate of that Re
port, that there is something unaccountable
in the whole case. It is however, at most,
only an authority to support the general ruie,
having no relation to the exeeptinn here
contended fur. Upon the, whole, the gene
ral rule' la, “ that citizens of other States, shall
have the privilege ofproseenting their claims,
in the Courts of the United States; and it
doCH not appear to me that the Act of the 2d
of March, 1793, 5th section—when it pro
vides that “no writ of injunction shall lie
granted to stay proceedings in an^ Court of
a State,” extendsto the case of a suit brought
by athird person to obtain relief against the
uneonscientions use of an execution issuing
from a State Court. In considering the
grounds upon which the Complainant in this
Case rests his claim for relief, it is obvious
that they are Ml inconsiderable in value to
them, when compared With that Which
would give to the Copartnership creditor,
(the holders of the Bridge Bank Bills) a ge
neral preference as to the proceeds of the
pledge Stnclc. And (he question raised on
this point, is certainly one of great nicety
and difficulty. On the one hand it is diffi
cult to believe that the Bank was not con
versant of the fact, that the M’Kinnes were
mortgaging, and they were receiving for a
private debt, the funds that were publicly
and notoriously the pledged security of the
Copartnership Bills. Indeed as they were
purchasers under Barna M'Kinnc, it is a
question worthy of much consideration,
'whether they must not be legally affected
with notice, since, in examining his tide,
they must have looked into the deed, origin
ally executed between John M’Kinne and
Shultz—a deed which operates against both
of those parties as a convenant to stand
Seized to the. use of tlife Bridge Bank ciedi-
tors; nor could ihe Stale Bank have been
Ignorant of the insolvency of the Bridge
Company, at the time of taking this mort
gage, since the Bridge Bank had notoriously
stopped payment, above a fortnight before :
and John M’Kinne and Shultz, had publicly
advertised the Bridge.for sale, to satisfy the
Bridge Bank Bills. But, nn t!ip other hand,
the legal interest was in Ihe M’Kinnes *nd
actually, whether conscientiously or not,
transferred tn the State Bank.—Whether
they shall he decreed to hold, as Trustees
for the original Oestui qui trust?, is there-
tfirc a question, which merits the matures!
consideration. But as it would be prejudg
ing the final issue of this canre, and there
appears to me to be sufficient grounds, in the
case, to decide this motion upon, independ
ently of this, I will, for the present, hold
myself uncommitted nn this point.
There are four other points in the ease ;
on any One of which, or at least on all takpn
together, this injunction cannot be refused.
In the first place, Shultz appears here as
the assignee of Bama M’Kinne’s equity of
redemption—in which relation, he has an
unquestionable right to investigate the legal
ity and amount of sum, claimed of the M’
Kinnes under this mortgage. But his equi
ty is still stronger, for it appears, that the
property mortgaged by Barna M’Kinne, was
for the proper debt of John M’Kinne; and
that a I >rge amount of John M’Kinne’s pro
perty is included in the same mortgage.
There is then, the strongest reason for in
sisting, that the property of John M’Kinne,
should be first applied to the extinguish
ment of this debt, and that Shultz should
be let m, to redeem the Bridge, upon pay
ment of the balance. But Shultz also ap-
pears here, as well as the holders of the
Bridge Bills, in the relation of co-mortgages :
mnugb it be assumed, that the State Bank
must be preferred in point of order, still, as
o any residue of the mortgaged premises
■ B ; id ^ ®iU 8 certainly areemi-
•Q to ,he benefit of the contract, to stand
hcrsntliir fnmf'r.y, and nfaerrritvr isuw-
ert by Barna M’Kui'e, when substituted foi
Shultz. And tjhultz, as their trustee—and
as being himself, still liable tn them, is enti
ileil tn all the equity, v liirh they could claim.
Tho’they may have lost their precedence,
the holders of Bridge Bills have not lost
(heir equity: as between them and the
Bridge B.oii>, the contract is still a subsisting
one ; and (lie only consequence of losing
precedence, is, that they must stand, in the
relation nf second, instead of first mortga
ges—and as such, have a rlear right, both on
account, and to compel the firs! mortgagees
to apply the proper!} of John M’Kinne, and
even of Barna M’Kinne, to the relief of the
property in tvhich they are joint mortgages.
This right is supported both by the console-
ration, that Ihe copartnership fund, is equita
bly applicable to Hie copartnership debt—’St
the private funds to the private debts—in
the first place, and that, where n first mort
gagee has several securities, and a second
hut tine of them, the first mortgagee should
" ceteris paribus," Tie held first tn apply Ids
peculiar fund to Ids peculiar debt, in the re
lief of the fund pledged to both debts.— Nor
is the peculiar nature, nr 9tate ot this pro
perty.an immaterial consideration. The ob
ject of a mortgage, is the satisfaction of tt
debt; and every thing that tends to defeat
tills end, is a violation of (he spirit of the
contract, and contrary tn equity. The wan
ton or unreasonable sacrifice of the inortgng
ed premises, will always he resisted in a
court bfequity. In the present case, w ho
knows what is to be sold ? All know what
has been mortgaged—no entire property in
a bridge. But, would the mortgagee he
suffered t*i break that'BriJge lip, and sell the
fragments? In What does that differ fi
the present attempt? A Sheriff', of one of
the Georgia Districts, levies on tiffs bridge,
under an execution, issued by the mortga
gee, and advertises it for sale. It is indis
putable, that his levy ran operate no farther
than the jurisdiction of the Stale extends;
and that no jurisdiction certainly dues not
extend over the whole Bridge, perhaps not
twenty feet of it. This is unquestionably
selling it piece-meal, the heed of the horse
at one time add the quarters at another.—
The wheels of the waggon to one, and the
body to another. <
The question. ho\v far the jurisdiction of
the respective Slates extend'over the Au
gusta Bridge is one of inter-national law, land
one by no means of the least difficulty, nor
\s it to he lightly decided ; for it may one
day, become decisive, of the lives or liber-
tias of our fellow creatures. An offence
committed on the Bridge, would lead to the
develnpement of all its difficulty.
The slate of the question stands briefly
thusf:
The grant to the lords proprietors, embra
ced the three Southern Stales. The Slate
of South-Carolinn, comprising originally that
of Georgia, was for it divided off; and sub
sequently, the State of Georgia separated
from Soutb-Carulma ; The Savannah River
Was unquestionably, originally subject to the
jurisdiction, and part of the territory of South
Carolina ; and when Georgia was separated
from it was described in these words : “ All
thor n Lands, Countries and Territories, situ
ate, lying and being in that part of South
Carolina, in America, which fit's from the
most Northern stream of a River, then com
monly called Savannah, all along tile Sea"
Coast,” kr. By Which words and accord
ing to the Supreme Court, relative to the
jurisdiction oftlie Ohio River, the bed of Ihe
river to low water mark, remained in the
State of South-Cnrolina. The question is,
bow far this state of tilings has been qltered,
hy whieh file boundaries of the two Stales
were established and defined, hy the treaty
of Beaufort in the year 1788. This treaty
declares, that “the most northerly stream of
the Savannah River, extending from,” fce.
“ shall forever hereafter, form the separation,
limit and “boundary, between the Slates of
South-Cnrolina and Georgia.” The navi
gation of that stream, is declared to he in
common, free from till duties and imposts,
k “ all the rest of the Savannah River, south
ward of the foregoing description, is ac
knowledged to lie the exclusive right of the
State of Georgia.”
The two States, then, mutually relinquish
to each other, all jurisdiction, kr.; the one
to the north and east, the other to the south
and west, “of the Boundary above estab
lished ;” that is, of the most northwardly
stream of the Savannah River.
Thus theTreftty contains nn express cessi
on ofthe jurisdiction of the bed oftlie river, ex
cept only as to the right of navigation ; which
extnnds to a floating structure, and secures
jurisdiction to Georgia, fever ci iines commit
ted in the boats owned in Georgia ; hut cer
tainly has nn relation to lived structures, res
ting on the bottom ; yet, I om inclined to the
opinion, that in adopting the Savannah, as
the dividing line between the States, South
Carolina executed an implied relinquishment
of ali exclusive dominion to Ihe one half of
the bed of the river, and that the boundary
of the respective States, at present, is to be
found in the middle of the permanent river;
that is, at its lowest state. This, or the chan
nel, nf the south edge of the water at its
lowest stage, must mark the jurisrlicti.ni of
the trvb States ; and I think the first is re
commended by the most liberal, convenient,
and definite construction. But “ quacunque
via (tala," tile contemplated sale by the
State Bank, is a partial, indefinite, and gar
bled sale of an entire property. Nor can a-
ny sale take place, in a Court of Law, in ei
ther State that w ill not be subject to lire same
inconvenience.
It lias been urged, that a sale might, how
ever, take place Under the Equity jurisdic
tion of the State of Georgia, with all tlie ml ■
vantages that it could under a Decree of this
Court. This may he so, hut still it proves
nolhingagainst the interference ofthe Court.
The party plaintiff, in the suit under which
this Bridge is advertised, has not chosen to
proceed in Equity, under the State jurisdic
tion. We find him pressing his suit in a
Cortrl of I.aw ; mid if the complainants are
entitled to relief in Equity, itre-ts with them
to choose between the two jurisdictions. In
Equity, both ends, of the Bridge may be sold
together ; for, if the Marsha! of neither Dis
trict can do It, Ihe Coiirt'can nominate Com
missioners, or compel the parties to carry its
Decree into effect.
With regard to the question raised with the
Bank of Augusta, it is nut now necessary to
make any observation. There is no injunc
tion moved for against any measmea which
they are prosecuting. But the creditors of
the Company, the holders of Bills, who have
brought suit in the Mayor’s Court, merit
uiore attention. They luCe been vigilant;
have obtained the first judgments ; nhd why
should they he enjoined ? It i? because they
are co-cetiui-q\n trusts’Of the Fund, which
they are thus endeavoring to appropriate,
exclusively to their own use. And if it were
only on the known & acknowledged ground
of preventing a multiplicity of suits, there is
sufficient ground for staying a sale of the
Hits, insiond of exprr/f's. But t’.e reason] Spaniards have at Inst adopted tlrOng men-, tlitim* Uor.frcr? v ill be wiliinR (o Iren!
gainst permitting n partiular sale, hy the
State Bunk, applies strongly also against this
lass of defendants. ’They cannot sell ex-
epl by piece-meal ; or, in other words, they
have power only to min themselves and o-
(hers. But, fortunately, these creditors lose
nothing hy being enjoined, for the legal es
tate in the Bridge, is clearly so situated at
present, as not to ho tangible hy executions
against the Bridge Company.
1 am of opinion, that the injunction ought
to lie granted ; hut ceitninly, the case rc-
piires that the complainants should be laid
inder some rule. The Bridge is a produc
tive and precarious property ; and either a
receiver should be Appointed,nr they should
be laid under n rule, to consent to a sale on
reasonable terms ; that the proceeds may-lie
deposited, to await the final issue ofthe snit.
•Oi this, the defendant’s counsel will advise
w it fi his client—and my order on that point,
shall remain suspended.
vmvv.UwX.
•to* exec Jed«TX' “I Rtand ™»til the whole can he sold
*sc«.ed u.tween the original mem-! to thq best advantage ; ami applied to pay
LATE FROM ENGLAND.
New-York, June C.
By the arrival of the ship Governor
Griswold, Capt. Mender, in 39 days from
Liverpool, the Editors of the New-York
Daily Advertiser have received (he Li-
rerpdol Advertise-ofSatiirdtiy, April Cl.
As Opt. Mender sailed cn the following
day, viz. Sunday, this was (he latest pa
per that he could tiring.—We have se
lected all the Articles that possess nny
interest. The (listurliiiDr.es in the Tur
kish dominions appear rather to increase.
It is stated that the Albanian chief Ali
Pacha, and Prince Ypsilanti wore ready
In support each other again-t the Otto
man poivcr. A more singular event is
said to have taken place, viz.—that Ali
Pacha had turned Christian ! If sue!)
declaration lias been rnndeby him, though
we should not give him much credit for
sincerity, the effects of it may he Very
important. In matters of faith there can
he no agreement between the Turk and
the Christian; a war of extermination must
be (lie consequence on the part of the
former, or the most important precept of
the Koran must be set aside and disre
garded.
We are indebted to a friend for the
following price current, dated 21st April.
“ The demand for cotton is very stea
dy,and ihe SalestHis week arc extensive,
say about 11,000 bales of ail forts, of
which 7000 bale* are American cottons.
Uplands averaged 9 3-4d, and New-
Orleans about 11 1-2d. The general
sales of Uplands were al 9 l-2d, 9 8-4d.
and 9 7-8d. W e think there is a dispo
sition in the market for a little more im
provement, but dare not calculate too
far. Every thing must depend on the ar
rivals.
The discovery ships, under Ihe or
ders ofCapt. Perry, will sail from Dept
ford in about ten days.
It appears from the register of burials
in the parish of St. Leonard,-Shoreditch,
that in the year 1580, cn the 24th of
January, was inlered,"Thomas Carn, of
llollywcll-street, aged 207 years !
On Tuesday week a man having the
appearance of a horse-jockey, sold hi«
wife at Tunbridge market fir one shilling
and six pence and a pot ef beer. She
was a pretty young woman, and declared
her husband was such a good-for-nothing
rascal she could not live with him.
New-York. June 12.
LATEST FROM EUROPE.
The May Packet ship Albion, capt. Wil
liams, arrived here yesterday morning from
Liverpool which she left on the 1st ofthe
month. We have received our files of pa
pers to that date inclusive, wi'li London pa
pers to the evening of the 28!li and Lloyds’
Lists to the 27th of Ajtril.
Tlie papers furnish no political news of im
portance.
The accounts from Naples and Tiedinont,
says tlie Boston Centinel, had lost much of
their interest. The old Governor of the
Duclf,’ of Genoa had been restored ; the
Piedmontese Leaders had heen refused an
asylum in Centra, and had embarked for
Spain. The Duke had sent deputations to
the King, anil the Commander of the royal
army, to implore that no foreign troops may
enter the Duchy, where tranquility was per
mhnently restored. Tlie Austrians were mar
ching into I’cidmont “ to punish live sedi
tious.”
The revolt of the Grecians in Turkey con
tinued lively ; hut the accounts trto much re
sembled those from Naples during the hours
of hope.—By these it appears, that the Greeks
were flying in squadrons from various parts
of Europe, to join the standard of Indepen
dence : and the London Courier remarks,
that if this enthusiasm he really felt, the Pm te
will have annrduous struggle lo make, before
it ean hope to terminate, the business. But
hy the details of news, it appeared that prince
I psilanti had only 3000 troops with him,
and that the Greek army had only two can
non ! The Greeks had captured iff Turkish
vessels, and obtained a booty of J[ 19(1,otto.
The new order nf things in Portugal pro-
reeded without interruption. The Cortes
has confiscated * part ofthe estates ofthe
Clergy.
It is not expected that tlie Allies will make,
any attempts on Spain or Portugal.
Tlie following extracts comprise the latest
intelligence from the Continent.
ViExJfx, April 13.
A new Congress, to he held m this capital,
is talking of, which will tie attended hy se
veral Sovereigns who were not present at tlie
conferences ftlTroppau or those of Laybach.
Madrid, April 12.
Ryletters from Tangier ofthe 29th, we arc-
informed that Malay Bolimrtn wnsal the dis-
tanee of only two leagues and an half from
Tangier, where ho has t locked up the refil ls
of Tetuan, who are in want of provisions and
on tlie eve of surrendering.
At tlie sluing of the Cortes, on the 9th, the
Minister ofthe Interior informed tlie assem
bly that his Majesty had resolved, with the
advice of the Council of State, to banish the
Bishop of Tarragona from the Peninsula, and
to take possession of his temporalities.
Lennox, April -2
It was yesterday reported that the I’orte
had arranged matters with Ali Pacha, mid
acreded to the demands of the Servians, in
order that it might direct the whole of its ef
forts against the insurrections in Moldavia
and Wallarhi*.
A private letter from Paris, of the 23d inst.
**T* :
“I am happy to inform yxu that thp
sures. They have decreed a lev y of 500,009
men, and tiie creation (if four armies. A
commission of five members is to he nomin
ated, in order to he joined to tlie ministry
during the w ar. As soon ns hostilities com
mence, the political chiefs arc to h;v\« dicta
torial pow er, and all attacks against the con
stitution are to bo tried by a military coin-
mission, and the sentence of which is to lie
executed within 2-t hours, with the approval
of the political chief.”
“ Ocrssa, March 29.
A strong American squadron is stated to
have taken five Turkish ships of war, two of
which are frigates. The cause of these hos
tilities was stated to be that the American
Ambassador hail not been received.” [7’Aia
is sufficient to slime what materials foreign
paragraphs are made r/.j
Livv Rrooj,, April 30.
ITe continue to experience u fair enquiry
fur rntton, particularly for Bovveds and Or
leans—the sales of last week Consist of S7tl
Sea Islands, at 17 to 18 t-Sd, and 4.7 stained
at to 1-4 to Iff 3-4d ; 4300 Bowedsat8!-2
to lid ; 1124 Orleans at 10 1-2 to l.ffd—ISC
Tennessee, at 0 1-2—and 2,'ilG of all other
descriptions, making the totid business oT
the week about 8 i 00 bags
SOUTH AMERICA
GREAT AND IMPORTANT NEWS.
New-York,June 8.
By the nrrival of the fast sailing brig
Hippomcnes, Capt. Bourne, in 12 days
from Curacoa, the editor oftlie National
Advocate has received from his attentive
correspondent regular files of the Cura-
con Courant to the 20th May, containing
the highly important and gratifying in
telligence ofthe evacuation of Cameras
by the loyalists, in consequence of the
successful progress of the Patriots since
the recommencement of hostilities. Af
ter the termination of the armistice, Bol
ivar, w ith that decision w hich marks his
character, directed a part of his army to
advance upon Cnraccns. Information.hav-
ing been received of this movement by
the royalists, tlu-y dispatched a body ol
troops to dfive them back : but, after a
short contest, the Patriots proved victo
rious. A second action took place, which
also terminated in favour of the indepen
dents, who lost a Lieutcnat Colonel, Ar-
buthnot, killed while loading on his men
to attack the enemy. The intelligence
of these disasters having reached the
capital, it was determined by tlie junta to
abandon the place to the Patriots, who
immediately took possession, and celebra
ted their triumph by the firing of cannon
and ringing of bells. While these re
joicings were going on in Carnceas, the
royalists at La Guayra, who had heard of
what had taken place in (he capital, wise
ly determined to follow its example ;
having previously, however, shipped oft
all their gunpowder in the stores, for
Puerto Caheilo, and a considerable quan
tity of other moveables. The patriots
thus enjoyed a second triumph, which
they celebrated in tlie usual manner.—
Seemingly altogether occupied with ef
fecting their escape, tlie royalists had not-
been able to rally their forces so as to
renew their attacks upon the Patriots ;
but as information hud been received,
that they were beginning again to bestir
themselves, a general engagement was
expected to take place immediately be
tween the main body of the contending
armies.
Altho’ oirr accounts from Curacoa are
not official, the minuteness with which
tlie details are given, leaves no room to
doubt their general accuracy. As to the
expectation of a general engagement, we
strongly suspect that if the. royalists had
considered themselves sufficiently strong
to take the field with their whole com
bined forces, they would have attempted
this before evacuating their capital, arid
the principal sea port upon which that
capital depends for its necessary sup
plies. Now that they have abandoned
the whole, and retain only the insignifi
cant'Puerto Cabello, it is hot likely they
will be willing to sacrifice their lives in
a struggle, which every man possessing
his senses, must regard as entirely hope
less. But should they be so foolish as to
prolong the contest, it will only be giv
ing the Patriots an opportunity of rout
ing up tho. last remains of a despotism
which lias (no long existed, and in the to
tal annihilation of which every friend of
humanity must rejoic
Since writing the above, tve learn, that
accounts oftue capture of Puerto Cave)-
to had been received at Curacoa, about
the time the IJippomenes left that port.
After this, we may naturally look for the
breaking up of the royal army, if not of
its surrender to ihe Patriots, who if this
part ofthe intelligence is correct, have
now the power of depriving their ene
mies of every supply except what they
draw front the interior.
Previous to the dirtisters of the royal
ists before Caraccas, it appears that their
cause in Other parts of Colombia w as ra
pidly declining. Coro, a place in the
near neighborhood of Maracitybo, and
which during the whole ofthe revolu
tionary war, was never in possession of
the Patriots, though they fieqilentlv as
sailed it, has been given up without firing
a shot. 1 he Independent Hag Was also
flying in La Valle.
The Curacoa papers contain a long ex
pianalnty Manifesto of the royalist gen
eral, issued prior to the termination of
the armistice, which subsequent events
has rendered uninteresting. Torres ad
mits in this document, that the meeting
which took place at Truxillo between
Bolivar and Morillo was “ not to treat of
peace, but merely to suspend the war
while the commissioners of H. E. the
president, should proceed to the court of
Madrid, there to lay their claims and
pretensions before the supremo gvern
meat ot the nation, w ho could alone pro
nounce definitely thereupon.”
In reply, Bolivar stated to Morillo.
”1 cannot send deputies to Spain, until
the Congress be established at Cucuta
with the Spanish government, on which
head it ought indispensably to be consult
ed ; noil before nil this run be brought
to effect, we will be losing time and fruit
lessly exhausting ourselves in keeping
troops, whose rmmber on both sides 2
excessive. Such a procrastination »
likely to he prejudicial to us, for if it
the end ofthe nrmistice our affairs ri-
raain unsettled, we will have to com
mence hostilities. This consideration
prompts me to enjoin you, to address the
Cortes on the expediency either oftlieir
sending out plenipotentiaries, or of au
thorizing the generals and chiefs who re
side here in Venezuela, to treat with us
and terminate at once our differences.—
You will observe that the Spanish go
vernment will obtain fir greater advan
tage from its conferences with our go
vernment here, (Imn from our commis
sioners there. It is not strange that a
government reserves for itself the facul
ty of conceding that, which it would not
attempt to entrust with any of its envoys
abroad ; strange indeed it were to act
in a contrary direction.”
In this correspondence the patriot has
decidedly the advantage of the royalist.
Where could the “ claims and preten
sions” of the people be discussed more
to their advantage than on the spot where
the cause of their complaints existed ?
But Torres had been bred under-an ar
istocracy, and it is never the policy of
ariGocraticnl governments to pursue a
direct course.
An article in a Curacoa paper, publish
ed immediately before the surrender of
lhat place, gives the following account
ofthe manner in which the royalists
prepare their soldiers for battle. It
strongly resembles the method pursued
by Oliver Cromwell, though equal suc
cess lias not attended it.
“ The brigadier (La Torre) arrived
here three days ago with two squadron
of hussars, and one of light artillery, nfl
ready for the fray w’hich i3 anticipated.
This division is really attractive, and 1
have no doubt the enemy will be beat
en, with the Almighty’s help, whenever
they .present themselves. It is here
rumored that Pacz is coming ; the Lord
grant he may ; the victory will then be
surely ours. Four days ago the officers
of the battalion were severally confessed,
and the commandant foremost among
them.”-—Advo.
, New-York, June 0.
LATEST FROM BUENOS AYRES
The brig Laura Ann, capt. Bassett, ar
rived here yesterday from Buenos Ayres,
whence she sailed on the 21st of April.
Capt. Bassett informs that when he
sailed, the greatest agitation prevailed in
the city. It was reported that there had
been a revolution at Cordova, and that a
violent civil war was gfiing on in the pro
vinces of St. Jago del Estero, Tucaman
and Salta. Carrera, with an increasing
Army, wns said to he atMetinque, with
in the province of Buenos Ayres. He
had got together 3 to 4000 horses, and
would be joined by Ramirez as soon as
he had crossed the river, for the pur
pose of attacking the city. Col. La
Madrid had gone into the interior with a
small force 8 or 4 weeks previous to
watch the movements of the enemy.—
lie bad reported the position of Carrera,
but was not strong enough to attack him.
It was believed at Buenos Ayres, that
war against Portugal would soon he de
clared. A brig had been loaded and dis
patched from Monte Video, with arms
and ammunition for Ramirez—she bad
passed Buenos Ayres. The govern
ment sent out two vesseU to intercept
her—but it was understood they had hof
succeeded. Impressments of American
and other foreign seamen were made dai
ly* for the purpose of tnaning a flotilla
which was fitting out to go against Rami
rez. A few days before capt. B. Sailed,
6 men were taken out nf two American
vessels at Ensenada, and after being pla
ced in the stocks some hours, they were
pinioned, tied upon horses, and brought
to Buenos Ayres—and after being placed
in prison a few hours, were put on board
the flotilla. Afterwards, on tlie repre
sentations of Mr. Forbes, these men
were given up. But as the practice of
impressment was renewed at pleasure,
Mr. Forties had addressed a second note
to the government, which, it was believ
ed would have the effect to put a stop
to the aggressions on our citizens.
Captain Bassett has furnished a copy
nf n proclamation by’ the government,
directing nil foreigners who had resided
two years in the country, to take up arms
and lio enrolled as soldiers. The Bri
tish merchants had ntet, and addressed to
capt. O’Brien, of the Slaney, senior Bri
tish naval officer, a very strong remon
strance against this measure, declaring
their determination to quit the country
rather than to submit tn it. Capt. O’
Brien communicated the remonstrance
to the government in a manner that had
given great offence. The immediate
answer was, that the Iatv must be exe
cuted, and if the British merchants de
termined to quit tbW country, they were
at liberty so to do. In answer to a de
mand for time—they were informed that
no time would be prescribed—it was at
their option—but so long as they remain
ed, they must comply with the obnoxious
law. Those, merchants were therefore
all threatening, and some of them actual
ly preparing to depart.
There were no Americans at Buenos
Ayres who came within the meaning of
the law.
The day before Capt. B. sailed, Don
Juan Martin Fuerrednn, formerly for
several years Director of the United
I’rovinces, landed from Monte Video,
after about 12 months banishment. He
had many friends and it was believed hy
Dun T^AM-rfr BoDitrocEs »vn‘ at tie
head ofthe government of Buenos Ayres,
having recently declared himself, by
proclamation, governor for three years,
Artigas has fdlen, probably never
morn to rise. He bad fled to Paraguay,
where he remained a prisoner.
It was said that Carrera had cutoff all
communication with Chili—except thar
he allows some foreigners to pass and re
pass. lie had lately gained a victory fl
yer the. govenor of at. Louis, who weqt
with 500 men to oppose him.
By the last advices from Lima, San,
Martin had retired 30 leagues from Li
ma, but it was believed would ultimately
accomplish his views upon that place.
At Buenos Ayres the market was over
stocked with every foreign commodity
—tlie river crowded with shipping—the
produce fcf the country exorbitantly high
—money scarce, and no security for ei
ther person or property-
It is stated by the Thalia, at Philadel
phia, which leu Buenos Ayres April 8th,
that
‘ The troops nt Monte Video had re
volted after the news from Rio, and as
sembled before the Government House
and demanded the Governor Gen. Latous
to acknowledge the Constitution that
waf to be made ; and free permission to
return to Portugal, at pleasure, all of
which wns, without hesitation, granted,
when the troops returned to duty.
RECORDER.
M1LEF.DGEVILLE, TUESDAY, JUNE 26.
which will all take place in the month I many, that he would be reinstated at the
of January, as I know not on tyh.it con-j head of tJjc governments
FOR THE RECORDER.
« THE PROSPECT BEFORE US,”
As seen through (Jm “ Signs of ihe Times.'’'
By the Two.
No. II.
11 Tt will be remembered that a frequent re-,
currencc to fundamental principles, is solemnly
enjoined hy most of the State Constitutionv
* * * * * ns a necessary safeguard against the
dangers of degeneracy to which republics ora
li«6/c, as well As other governments, though in a
less degree than others.”
Madisoh, in the Virginia Report of 179ft.
“ 1 must say to my ftdiow-eitizens, that
they arc sunk into apathy, and that a torpor
has fallen upon them,” was the remark of
one Of the few of “ the faithful” a few yean
oast. (4) If he then thought the public ntind
labored under a moibid inactivity, what
would he now say ? The violence of tha
disease continues in spite of Ihe administra
tion of the usual remedies, of the diffusion of
a greater degree of information. Tlie genu
ine friends of the constitution may well fear
that all antidotes have lost their efficacy,
when he sees that even those who have been
“bred in tlie faith” of the great doctrines of
political and natural rights, have yielded to-
its influence. The enemies of our well pois
ed forms of government, have only been con
founded, not destroyed. They have rallied
their forces under a different banner; and
having enlisted their former opponents into
their service, they are again boldly mnr«hin&
to their object. Again embodied under more,
deceptive colours and more cunning leaders,
they have never before npproached so near
the pinnacle of success. The constitution
of the United States has heen construed into
a cobweb, and those of the states have been
pared down to mere corporate charters, cen
tering but little, more power than is enjoyed
by many citieicreated under their protec
tion. The rights, the sovereignty, and tho
dignity of the states, have sunk before tho
unlimited, and uncontrolled, and overwhelm
ing supremacy of the general government,
whose “ sphere” of action has been extended
from a perceptible point, to an incompre
hensible magnitude. Over th e rights of the-
people themselves, hangs a dark and porten
tous cloud, fora long time artfully conceal
ed, and whose terrors affright notbecar**
they have bren gradually unfolded to the
eye. But it is nut less fearful on that ac
count. It may pour forth its destructive fu
ry when protection is less practicable*
In commencing these remaiks, it was not
our intention to deal in msre assertions—Per
haps in what we have said, our feelings
have not been under proper restraint, nor is it
wonderful that they were not. The subject
is important, and as we humbly conreive.
the danger great. We shall proceed how
ever to our more immediate object, which is.
to compare the principles of the present day,
(nut those avowed, but practised) with thoso
of 1801. In other words, to attempt “ o re
currence to fundamental principles." We al
lude to those professed by the republicans
(to whom the direction of public affairs is yet
entrusted) at that period. We have already
said, that they were the same which “cha
racterized the epoch of our revolution.” (5)
It is not within the scope of our present
design to attempt the proof of their sound
ness. But we shall not shrink from such a
task, great and laborious ns it may be, when
it shall become necessary, which we now
conceive it D not. Wo hoar of moral prin
ciples having become axioms because of their
admitted truth, and os little requiring new
proof, as a well demonstrated mathematical
problem. And does the happiness of man
in a social state, require less fixedness and
certainty in political, than in moral pi irtcipifis?
Certainly not. Those to which We shall so
often recur, were not simply taught by the
wise, but wore adopted and sanctioned by
the national voice in a manner too perspicu
ous to be soon forgotten. With Mr. Jeffer
son we have believed them to be “ the touch
stone by which to try the services of those
we trust.” Their soundness bas been prov
ed hy their excellence in practice, and we
view him who has abjured or forgotten
them, as little less than a political apostate.
We are not unaware that we are now at
war with a certain sjiecies of slang uttered
from the mouths of many of our irould-he
great men, and abounding in the language ftf
the time serving presses. It is, that although
the federalists were undoubtedly wrong, yet so
were the republicans, and that the present
generation are improving upon the errors of
both. Unless that can he called improve
ment which has discarded every republican
doctrine, this is untrue in fact. We think it
demonstrable that no principle of any lead
ing importance of the federal administration,
remain* to lie adopted by our present repub
lican rulers, (6) when the opportunity of it}