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I Three Dolls, per ann.J Volume VIII.] From the Georgia Express. lAn enquiry into the constitutionality x \ the necessity , the justice , and pol icy of the embargo lately laid upon law in this state. NO. /. Fellow - Citizens , It was with surprise and astonish ment that I saw the proclamation of the governor convening the le gislature ; not being able from the apparent situation of the (late, to discover the nectflity of it. I have l'een with still greater a mazement and much regret, the law that has paiTed, since their as semblage. The caption of this law is, “ An a& to alleviate the condi tion of debtors, ana to afford them temporary relief.” This law provides, that no pro perty heretofore levied on, or which may hereafter be levied on, by virtue of any execution, fhali be fold ; provided the defendant will give security for the amount of the judgment and coils ; and that no civil process fhali issue from any of the courts, or any civil case be tried, except in cases for the trial of the right of property, either real or personal j and in case, where a debtor is (actually) about to leave the state. Three quedions of importance arise relative to this act: 1 ft. Is it constitutional ? 2d. Was the diftrefled situation. of the state, such as to render this att neceffiry ? 3d. Is the act as patted calculat ed to promote the public good ; or was it not rather patted in the form, and couched in the terms in which it is, for the express benefit and re lief of foine particular individuals ? I will firft inquire into the necef fitv of the act; for if it was unne ctffary to pass it, it would be need less (before it patted) to inquire in to the conflitutionaiity of it. His excellency, in his cohimu. nication to the legislature, when convened, fays that “ his object-, in convening them at that time, v:as to afford them an opportunity, of devifmg fome mode of relieving our fellow-citizens from theeinbar raffments, into which they have been thrown by the aChs ofcongrefs laying an embargo.” And that, “ The general government, in a dopting this measure, has afiumed a dignified attitude, which mutt affedt all the European nations equally alike; and it becomes our duty, as good citizens to support the gov ernment in the pofiiion which it has taken, and to do this with the more efFedt, it appears to me ne ceflary that the severities of the civ il law should be, in fome degree, relaxed ; at lealt until the deprtffed (late of our intercourse with foreign nations (hall wear a different afpewt” The only pretext.then for laying this embargo upon law, or the only ground upon which his excellency and the majority rest their juttifica tion for so doing, is, that the legif facure of the United States has laid jn embargo upon curvilLL; in Washington, f Georgia J Printed weekly for Sa 11*01 Htllhouse. consequence of which, produce has .fallen a. fourth or third in its price; or rather in that price which we hoped and expedted it would have brought us. The causes that led to the em bargo ads have long been known, and a flep similar to the one taken by the United States’ government, has long been anticipated. It was, by the repeated intuits and depre dations of foreign nations, reduced to the fad alternative of taking this measure, or involving the country in a war; the horrors and miseries of which, every good man would iincerely wish to avert. His excellency, however, fays that, “in his opinion, these acts have brought the country into such a distressed situation” that w the fe-. verities of the civil law should be in fome degree relaxed.” I will, however, with due deference to his excellency’s opinion, appeal to the good sense and found judgment of my fellow-citizens, and enquire whether, in their opinion, the ef fects of these embargo ads, have been such upon this ttate, as to juflify this extraordinary, almost unprecedented flretch of legislative interference, so as not only to “ re lax the severities of the civ’i law” but, by a (ingle blow, to cut it up by the roots. If the state was really c< in the distressed situation” which the go vernor has solemnly declared that 6< in his opinion it was,” why has not his exellency, or fome of the friends and advocates of the law, come forward and shewn to us, in what, and how, vve were so diftrefT ed ? It strikes me that we could hardly be so completely distressed, as to render it necessary altogether to do away law, and to place our selves in a situation nearly approx imating to the ttate of nature, with out law, and the probability is, if we remain long in this situation, that we (hall be without credit. If inconveniences had refused to us from the embargo adts (as they un doubtedly have) I should have sup posed, that remedies might have been applied, calculated to meet thefe’ inconvenieneies, and better calculated to meet the general in terests of the ttate, than by a sweep ing act, to do away all law—it mutt be an ignorant and unfkilful Purge on that will attempt the cure of a flight fradture, no otherwise than by an amputation of the limb. But I will examine for a moment the ar gument, which those who attempt at all to juttify the law (and to she-v the “distressed situation of the ttate”) use. They fay that proper ty will net bring its value: l will aik them what the value of proper ty is, and how it is afeertained ? Mo reasonable man, or one, who underflands any thing about the method by which the value of prop erty is known, will fay that it is worth more that what it will bring the vendor in money when exposed to market. Money, then, is the ft an dare by which the value of prop erty it The price# therefore SATURDAY, JULY 2, 1808. I of the fame articles and the fame kind of property, nmft fladtuate in proportion to the plenty or scarcity of money* and the demand for the article. But even admitting the value of property to be what it brought last year ; we will fee if we can discov er from a companion of this, and the last year’s price, such a “dis tressed” ftafe as his excellency has represented. Cotton, the staple commodity of our state, in the years 1801 and 2, brought the planter twelve & thir- ? teen cents in the pound—in the year 1807 it brought him seventeen and eighteen cents—in the com mencement of the year 1803, it ! bii&nps him-bur twelve pound in money, and thirteen and , l fourteen cents in difeharge of his debts. 1 he article of cotton, I conceive . to he one, the growing price of | which from year, to year may be 1 ! more accurately traced than any o- j | the'r, and from the view vve have • taken of it (the fairnefs of which I j trull no one Will mfpute) we have r found that the price of it has fludt u naiad since the year 1801 to this j time, from twelve to eighteen cents. Supposing then that every planter ! has loft fix cents on every .pound of his cotton, can ar.y reasonable and unprejudiced man fay th it in his opinion, that couid have placed the state in such a gloomy and “diftref i fed” situation as to require a total : | day of all civil proceedings ? But j in the years 1801 & 2 there was j no called feilions of the legislature, there was no outcry about the stay of legal proceedings,—and why ? j j The clamorers fay that cotton had then never borne a higher price ! o jr < | than twelve and thirteen cents, and : ; that the planters had not run so \ | deeply in debt as they did when cotton rose to the price of fifteen 1 and sixteen cents. As they have therefore, imprudently and wirhout consideration involved themselves in debt—as they have for two or | three years anticipated their crops, j and have contracted their debts with an expectation of paying the n with cotton at fix teen & seventeen cents in the pound, but have been disappointed, and the price of that article has fallen to twelve & thir teen cents, they therefore conclude } that they ought to receive fome in dulgence, and that too, through the agency of the supreme power in the country —the legislature, the grand ! council of the state, mutt be called i in for their “temporary relief.” The ; j facts I can very readily admit, the | conclusion however, appears to me ! not quite so corredlly drawn. To | make the difference between the price which a man actually gets for his produce, and the price which he was in hopes he should get, the measure of his diftreifes would be pronounced absurd by every man ; yet I apprehend it would puzzle even the inventive genius of his ex cellency’s secretary to point out any other rule bv which the major:* ; ty and his excellency were govern* [Payable half yearly. [Number SS3. ed, when they passed their a£t for “temporary relief.” But even by this rule of cakula*. ting the “ distresses” of the state, what are they this year in compari son with the last when thowfands of cur citizens were in a state of fthr vation—when iuftead of cotton fall ing four or five cents in the pound, corn had risen five or fix dollars in. the barrel; but no extra ft (lion of the legislature was called to flop the process of law, and afford “temporary relief.” But his ex/ cellency’s cribs, like those of Jb fcfh in Egypt, were moll probably, well lined with corn, and in full enjoyment of his loaves snd fifhes of executive office, and/cot*- ton bringing a good price, Ije was then in out a poor situation/ to dis cover and feel the “ diftreffls,” of the people. I his law, however, is said to a “ temporary” one, and only for a short time. But how is it known that the embargo on yef* fds will not endure these fix years yet ? If so, the embargo upon law mu ft endue as long. For it would be like children’s play in the Leg islature (which, I trust his excel lency and the majoriiy will nevej* be caught dabbling in) to fay, by an adt this year that becaufa prod*, uce does not b; ing so good a price as it was expected it would do, that no man (hall be compelled to pay his debts, and next year while tho j fame cr.ufes exist, which occafion* ! t’d the firft Taw, to fay, that every n ilvuil pay his debts let produce be what it will. The idea, how j ever appears to prevail, and is coun ■ tenanced by th..!'e in favor of the j law, that the embargo wiil certain* ly be railed by the twenty fifth day : of December next, and that cotton ; will then bring the planter thirty or forty cents. II the embargo is *0 continue* “until the deprefled fl ue of our foreign aftfiirs wears a differ* ei t afpett,” ut.lefs we have greater afiuranees of a j acitic dilpofuion in foreign nation# ibi.n ci j>iv.ient, it mult continue for years yet. I r.tn like wife of opinion, that those who calculate on getting great prices for their cotton next winter, (thoulft the embargo then be railed) wiil discover that they have been build*, ing cattles in the air. All who are acquainted with the machinery of cotton manufactories know that they are with difficulty and expence kept in repair—they v>ould there* fore in the course of three or four months without u!'e, get in such a disordered ttate, that it would, re quire as many months to put then* iu a situation lor business. Ths manufaclurcrs for want of materials Will be ddlitiUe of employ ; they mult turn their hand to something to procure their fubfittence. Th? Enghfh want IbKiieis, they- want mariners; fame will enlist in the army, thou finds wiil be iin pr effect’ into ihe navy ; by these means tha factories will be exhausted of vvork men in the couife c f fix or eighf months, and it wiil icquire double tha; time tg iuppiy U:sua a o am.