Southern recorder. (Milledgeville, Ga.) 1820-1872, June 26, 1821, Image 2

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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}