The Georgia state gazette, or, Independent register. (Augusta, Ga.) 1786-1789, August 09, 1788, Image 1

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SATURDAY, Augujl y, ~ 1 ' -V* V' . » r ■/ •/ ' “ . f 1 A GEORGIA STATE GAZETTE o R INDEPENDENT register. % » --- • •»» _ '.~'. «» V « . t. *1 - - - - *w » * FREE DOM of *. FRE SS. and TRIAIb,J UR*. «. **•» hte Cufintn% Carrie. AU ,G Ufer.s Printed by JOHN E. S.M IT H, Printer to the State , MW Articles of Intelligence, Advertisements , £sff* will be gratefully received, and every kina of Printing perfumed, {•■■■ • ''* y \ * • \ WJW ■' 9 • -i a 4 t 0 m. . _’ 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