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SATURDAY, Augujl y,
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GEORGIA STATE GAZETTE
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INDEPENDENT register.
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_’ I ’
The following piece which ’lately 'appeared
in the Georgia Gazette, is iuferteef here at
. the requefl of the Author.
Mr. Prinitr, ‘ i •
ON presumption that the Federal Confli
tution will be ratified by wind Rates,
permit me, through the channel of /our pa
per,, to fubrntt to the poblic attention the fe
deral following qtieflions, which offer thern
felvea, on this soon to be expctled and very
important event.
i. At what point of time will the Fede
ral Conßitution take effeft and govern in this
slate ?
This iaterefting queflion ern only be re
solved by the Conßitution itfelf, to which let
tis turn ; 41 fays that “ the ratification of the
Convention of nine Rates fnaH he futiicient for
the eftablithment of it between the Rates so
ratifying the fame.” But then, from the ve
ry nature of the case, there are certain Reps,
prescribed by the Constitution, which mutt
ueceflarily be taken, previous to its com
pleat eftablifhmrnt, fOvtbat.it can ope
rate with full force; as ofiic&l information
from Cohgrefs, with riiretiion and orders to
appoint Eledors and Senators, and choose Re
prefentatiyes, and,fo: qualhfy the judges of
fl-.ir several Courts : by oath to Support this
Conßitutioiu That day, whenever it (ball
happen, whereon our Judges (hall be thus
qualified, will give fulf-force and effeft tp
Federal Government; and that it cahnot ope
rate before that time is evident, if we cun
fider that, flotyld any q?:cftion'or any case
come before them, (whilftvthey are utrijer oath
to give judgment according to the l*Ws acutfl
conßitution of this Rate, they will, they mulf
conform,'and decide accordingly; but, as
soon as they are sworn to support the Federal
Conßitution, even if it, be the next day,-, jf
the law and rule d! the FedertfiConftitution,
on the fame case, be different from the slate
law, they, muff, and they will give a diffe
rent judgment. - >’
That day cannot be far diflani, and natu
rally brings us to the zA queflion, viz. How
far will ,the Federal Conßitution affeft the
conßitution, and laws of this Rate ?
The answer to this queflion is fully and
precifcly exprefled in the Conftitution,,in-this
determinate language ? ** * T’his ConflitutiotTf**
and the laws of the Suited Statcs\whlch (hall
be made in purfuante thereof, am? all treaties
made, or which thall be made, under the au
thority of the United States, (hail be the fa
preme law of the land, and the Judges ju
every Rate (hall be .bound thereby, any thing
in the conßitution or laws of any Rate to the
contrtry notwithflanding” If this be the
case, what yvill be the dectfion, for inflancei
on the Law of Tender? Shall the paper me
dium of this Rate be a tender, in payment
•f debts? Our slate law fcys ?t'fliall; 'but the
supreme law of the laud, which the judges
are sworn to observe, fays cxpreflly, <bat
“ nothing but geld and fiver <cin~ (hall be a
tender in payment of debts,’* and I be
lieve you cannot find a set of judges hardy
euough to fay that paper is either gold or silver
coin. Unavoidably* therefore, the. tender
jjiufl be iuluflicicm, and the law of the Rate,
no matter when cna&ed, making it a tender,
void to all .intents and purposes. A similar
fate, we know, wiil attend our Laws of Trade,
and for the fame realon, bccaufe the Fedeial
Cunßitutioa wiU be tbs fupicuiO Uw of the
. ' -i ■ A jt£ ■ • ;
land; and IwiHadd, evenCongrefs, fhouldy
they eartieftly wish to give relief agaiuft th« '
operation of any article ;of the Conftitutioo,
\vill not have it in theit power. *Tis easy
also to forcfee what would Be the fate of an
tn'falme‘/i; Law, Humid one Be made. • The
FedetahCouftitution fays no flare (hall
(pafg ai£/ bill of attainder, foe, or law im*
pairing the of contrails,” By the
. impairing the obligation of cOih
tra£H muff be mean& leffeniug in foine way
the value ot debts or conuacls, by altering
til fame way the obligation, which in ay Ire
done, ;n thefirft place, by-altering the tune
ot-fuh.ljing or paying ths coutrad, for the
time of payment is,rtitaialy part ot the obti
. gatron, which an Inftafcnent Law 13 defiance!
; to impair, and indeed wholly to set alide;
and, in the next place, fmaU partial pay
ments will ieffen the value of the whole, if
collected at different and diftinfl periods. To
make the rale plain, suppose, for inflance,
this state should, by a law now made, fay,
that the debtor (hall have 50 years to pay hris
debt of s<jl. in equal parts, that- is 20s.- a
year, and alfos per cent, mtcrefl *■ (for it is
plain, if they can ihflail for 5 yeips* they-can
for 50) would not futh a law impair or leflen
the obligation or lvalue of the debt? It cer
tainly would, jviuft i therefore, no matter
when made; when it comes in competition
with the fdpreme law of the land, be set afldc,
- other wife We might immediately emit a mil
lion in paper, and, by a law now made, fay,
that fycb paper (hall be received in all pay
ments what foe very according to the nomi
nal value, y Would such a law, because made
previous to the e&abinhwem of the Federal
* Government/■continue in force? The answer
is obvious, and .bars been given already.
Ho we vet v/e*may flatter ouritaves, we
may depend upbu it, that the Federal Govern
ment, framed on principles of flritlefl
juttice, defigwed to give full confidehcc to fo
reign nations, to regulate and fix commerce
on a solid bafls, to provide for external and
iuternabfafety, and, > rn ontgrcndjcaley by
one rule, one measure, and one weight, to
deal out the fate of millions, will not be de
feated by any local laws or tonflitutious of
particular flares ; ( nor will there be left a fub
terfuge for any chicanery, or evaflon w'haifo
ever. ’ But; we will suppose, for the prefcnt,
though not by any means grant, that an In
lialment Law, now made, may take efletf
for years, after the Federal Government is
adopted. lam furry to observe, that, in this
cale, such a law, according to the prelect
. prevailing dilpolitioo of mankind, would, in-
Head of being a spur t 6 industry, have a di
ied contrary effect it would be the mearfs
. of lulling the Into 4 sleepy security;
he would fay, I now have time enough on
hand to pay my defer, and, in imagination,
he would dream, (nat, when this inflalment
expires, if he , has nos paid the debr, some
other contrivance equally flattering and equal
ly delusive, will be adopred, .and, infafl, at
the end of the term of inflalment, will be in
a much more embarrafled fittiation than at
• present, Witness the case in point, in a
neighbouring state, where fad experience,
uuder an Inflalment Law, fully proves the
truth of the pretceding observation. But let
us take a nearer view of the futjeef, and for a
moment confider undeniable fads, in older
10 wu.ib ukt the Jujlomug ufc;
t k e
v. a .. a
The plaster A, who fuffcrtd great
; Joliet daring the late war, is nut*
withflauding, on a low cititnati
on, worth in lands and negroes,
' : 'in pofleffion, -i £. Sftcit SOCO 00
He has 40 cr <ro but of
them lie ran mullcr only 20
taikable handy, w/.h which he
mrkcS 6 barrel of rtte to a hand,
(on average‘planters don’t make
more) which, at 31. per barrel, .
120 barrels, ' 0 o
Take ont the necclTary cxpcnces,
• arid lee the neat proceed* :
To cloathing negroes, (fh«>c» in
cluded) 7'. 20 0 o
so blankets Cor every
3d year, at 71 .<sd. '’*
1 year is -a ic a
Taxes on ditto and
landed cflate, '2O o 9
Dolor’s bill and plan
tation tools, and inci
dental changes, 10 00
Cverfeers wage 6, ' 30 00
Suppoie 40 negroes,
value 1003)1. rilkondo.
■ a; ; per cent. 50 o o
Freight of 120 barrels
rice iv marker, at 3s. 1 8 00
FaOo rage on do. x i-a
per cent. • 9 o O
A*s family cxpeticc for
j year, - 150 00"
—3°9 *0 <5
Eallancc ; on hand, the neat avails
. Vof the et op, - £. •5010 o
, Now, unfortunately, A is indebt
ed to B, for sundries, previous
to the late war, and which the
war, in a great meifure, pre
vented his paying, 1000 O O
Interest. on ditto for 1 year, at $
percent. - $d o a
£• 1080 o o
Consequently A falls (hoTt 19!. 10s. of pay
ing even the interest of his debt. but, fyppofe
you reduce the interest to 6 per cent, frill he
will fall fliort pi. ics of paying the interest ;
and, if you should reduce the iuteicfl so low
as 5 per ceiit. he’ will then be able to pay of
the neat avails of his crop only the interest,
and io« of the principal, end at that rate it
will lequire hundreds of years to pay tha
debt. And now bet me a Ik, what think you
of iijfla’triCnt ? Review and examine the ac
c 011111, be candid, tfguies 2nd just calcula
: tions will speak the truth. Should yotf think
* that, in the prcceeding estimate, the gross
* of 150 . fur A’s family ex
* pence too high, alk him. We are’to suppose
' he may ha?e a wife and ha If a dozen chil
dren, some of which have rifetj to maturity,'
and claim a deceit appearance yi the world,
and indeed his eftatc juftifies the claim. To
the planter I appeal, he is the only proper
judge, he knows,, jep him decide.—ls you
ftiould eenfider the debt of A, as repreffcpt
iugtht toHediveand aggregate debt of the
whole (late, and* their inability, from their
present productive property, to pay lirrle
mote than the interest of the debt at c per
cent, and at the fame time worth teo times
the amount, in real property, I eouW not
gsinfay the clUuute, for it is difficult to nhm'
[No. XCVIII.J