Federal Gazette & Baltimore Daily Advertiser
1807/07-1807/12

msa_sc3722_2_6_2-0578

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Federal Gazette & Baltimore Daily Advertiser
1807/07-1807/12

msa_sc3722_2_6_2-0578

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Mr. For the FEDERAL GAZETTE. Hewes, It is much to he regretted, that men. "ho. write under the influence of preju- dice or resentment, should permit their has- ty, incorrect and passionate effusions to be ushered to public view, in language which the writer in his cooler moments mast often blush for, as not justified by the ccasion. Evei v writer who uses harsli and indecorous language, is suspected by all judicious read- ers,of being influenced by improper motives, & therefore fails to produce any good effect by his essays; but when his zeal or prejudice so far misleads him, as to cause a deviation from, or perversion of the truth of the facts On which he pretends to found censure, it is the duty of every good citizen to assist in detecting his err rs, and defending those •whom he unjustly censures. These observations are peculiarly applica- ble to the communication signed " Looker- On," published in the Gazette of the 9th ; the writer of which appears to possess but a small portion of that politeness which he accuses our delegate, Mr. Dorsey, of want- inf and those gentlemen of dignity, rank & age, who. he says, -were derided ana dexte- rously damned with republican ridicule, must be ^enstble on reading the misrepresentati- ons contained in his essay, that he is as defi- cient in candor as politeness. " On Frday last, (says this Leoher-On) was exhibited inthe statelegislature, a scene of confusion scarcely paralleled by the nati- onal assembly, m the eventful time of Ro- bespierre."—And again—' The deceitful Bill to quiet possessions was made a party question." What was the fact ? A minority, composed of thirteen federal- ists and four democrats, were employing every aitifkewhich ingenuity could suggest, to create a confusion, and thereby prevent a majority, consisting of thirty-six democratic and ten federal members, from passingalaw which they conceived necessary,to secure to individuals their just rights, the merits of which had been twice discussed in debates which la >ed each several hours, and which they belie ted -ould be highly important & beneficial in i's effects. The law in question has already been published at length in the Gazette of Friday last ; of its merits or demerits I shall here give no opinion. A plain statement of the Circumstances that took place during the time it was pending before the House of Delegates, will fully sec unt for the unpa- ralleled scene of confusion, and enable the constituents of Mr. Dorsey to judge whe- ther r not his conduct on that occasionwas meritorious, or justifies thehrsh and intem- perate censure of the' L • ker-On ;" while the division, nearly equal, of the federal mem- bers on the final passage of the Bill, suffici- ently refutes his assertion that "it was made a party question." Tiie supplement to the act for quieting possessions, he. had been reported to the house- of delegates, and a printed copy of the bill, hi the possession of each of the members from ten to fifteen days previous to the time at which it was passed On Tuesday, the first'"of December, on the mo- tion to make it the order of the day for the following Friday ; the merits of the bill were discussed by the members both for and against it for several hours ; the motion prevailed notwithstanding the repeated at- tempts of the minority to defeat it by mo- tions for adjournment, by which thev had delayed the house till "early four o'clock, in hopes that by tireing the patience of the1 members, they would compel a long pos'- ponement of the bill and probably defeat it. From Tuesday till Friday the members had full time to consider the bill, and judge of its merits, and on its second reading during a discussion which lasted six. hours, its op ponents had full opportunity to urge every argument which their ingenuity could devise against it. About half p.ist three o'clock, P. M. the question on the final passage of the bill was about to be taken, when a moti on was made to postpone it; this was object- ed to, on the ground that a full discussion of its merits had twice taken place, and that about two weeks had elapsed since the at- tention of the members had bean called par- ticularly to the subject, each of them during that time having had a printed copy of the bill in his possession, It was also urged, that the house was then full, but on the next day (Saturday) as usual, a gnat number of the members would be absent; and that even member of the house had fully made up his opinion how to vote on the question of the final passage of the bill. The motion lot- post ponement being negatived, the yeas and nays were called, evidently with a design to consume.time and compel the majority to adjourn. With the same view the yeas and nays were called on deciding a motion for adjournment in the negative, b proceeding almost unprecedented, and notwithstanding a large majority voted against adjourning, the motion was almost immediately repeated with the same success ! ! Several members in the minority then took their hats and left the house, as was believed by the majority ¦with a view to reduce the number below a quorum ; finding, however, that the advo- cates for the bill were more than a quorum, and that a number of those in the minority would not countenance such conduct, the members who had withdrawn returned and took thtir seats : a genii ¦man then rose, (it is presumed the same alluded toby " Looker On,") and, addressing his discourse to Mr. Dorsey, said, " he hoped the honorable gen- tleman from Baltimore would gratify the wishes of the house, and suffer them to adjourn." Mr. Dorsey replied, in terms de- cent and re«pectfnl and nut such as could or rf/r/insult the teelings of the gentleman alluded to, that " he hoped the gentleman who had addressed him- would himself yield to the repeated and unequivocal expressions of the wish of the house, of having the bill put to its passage; that he also hoped a minority' would net attempt, by producing confusion and other indirect means, to con- troul and thwait the wishesof the majority." One of the minority then ros'.> and renewed the argument on the merits of ihe bill, in a speech of great length, that consisted chiefly ef a repetition of reasons already urged, evi- dently- with design to tire the patience of the members, and compel an adj -uriyrient. The house observed the strictest order during, bis speech, and no other member rising to speak, the question was taken on fhe pas- sage of the bill, and carried in the affirma- tive; On calling the yeas and nays it appear ed that forty-eight voted affirmative ly ex- clusive of Gen. Winder, who, after voting in favour of the bill, had left the house before the yeas and nays were called. Seventeen only voted in the negative. So fir from being a party question, that, of twenty three Federal members who were present, ten voted in favor of the Hill, and many o/thern wrie the most decided opponents to an adjourn- ment or postponement, being unwilling to encourage so dangerous a precedent, that a minority should controul a majority. The assertions of «' Looker. On," that the business had been previously settled in cau- cus, and that all questions are decided by party spirit, are therefore mere unfounded surmises. The division of the Federal mem- bers in this instance proves the assertion to be absurd. CANDOUR. The following is a copy of a bill before the legislature of this state, which was made the order of the day for this day. AN ACT For the opening and extending Pratt-street, in the citv of Baltimore, Whereas sundry persons, inhabitants of the city of Baltimore, have represented to this general assembly, that the health and convetiience of the said city would be great- ly promoted bv the opening and extending the said street, which is at present inter- sected by several docks, and obstructed by other impediments : And whereas this ge- neral assembly have good cause to believe that the representation of the said inhabit- ants is just and true ; therefore, II.- Be it enacted, by the general assembly of Maryland, That be and they are hereby appointed commissioners to open and extend said Pratt-street of the present width thereof, from Light-street, eastwardly, to Jones's Falls and that the said street, when so opened and extended, shall fore- ver thereafter be and remain a public street and highway ; and the said commissioners are herebyrequired to cause an accurate plot thereof to be made and returned to the re- gister's office of the city of Baltimore, who shall receive and file the same among the records of his office, as a part of the plut of the city f Baltimore. III. And be it enacted, That it shall be the duty of the said commissioners, and they are hereby directed, to cause that part ol Pratt-street which passes through the bason, to be filled up to a convenient grade for paying the same and to fill up to a like grade ali those docks which lie on the north side of said street extended, and also to fill up to the grade afore- said, and erect and build a good and substantial wharf extending twenty-five feet to the south of the south side of Pratt-street, and bounded on the east by Frankfin lane, and on the west by Light- street ; and the said wharf, when so filled up, built and erected, is hereby declared to be a public wharf for ever, to be used as such by all persons residing within the state of Maryland, free and clear of all charges or wharfage whatsoever. IV. And be it enacted, That the said docks, when so filled up as aforesaid, shall be, and the same are hereby declared t, be, ths right and estate of the respective persons, bodies politic or corporate, who would have been entitled to the same in ease the proprietors of lots on the north side of Pratt-street had wharfed out and extend- ed the same to the north side of said street, under the several acts of assembly of this state, and by the permission of the mayor & city council of Baltimore. V. And be it enacted. That the said com- missioners shall, ss soon as conveneniently may be after the passage of this act, ascertain and determine for what sum of money the said street can be extended, the said wharf filled up and built, and the said docks filled up as aforesaid, and shall make a statement there f under their hands and seals, and de- liver the same to the jury herein after ,p- p inted. VI. And be it enacted, That each of the said commissioners shall receive, as a com- pensati n for his services in carrying into effect the provisions of this act, the sum of —— dollars. VII. And be it enacted, That in case any of the said commissioners should die, refuse to act,or remove out of the county, before the discharge of the duties imposed on them by this act, it shall and may be lawful to and for the surviving or remaining com- missioners to appoint a commissioner or commissioners, as the ease may be, in his or their stead, each of whom shall be vested with the same powers, and required t. dis- charge the dame duties, that any commissi- oner named in this act is. VIII. And be it enacted, That the chief judge of the sixth judicial district, after hav- ing given ten days previous notice in the several newspapers inthe city of Baltimore, shall issue an order, under his hand 8c seal, to the sheriff of Baltimore county, comman- ding him to summon-------persons, named by the said chief judge in the said order, who shall be freeholders and residents of the city or precincts of Baltimore, and shall be free from interest in the subjects wherecn they are to decide ; and the said sheriff shall, on or before the —— day of------- next, in pursuance of such order, summon the said persons to meet at the intersection of Pratt- street and Light-street, and the said persons, when so assembled, shall take and subscribe the following oath or affirmation as the case may be, viz : " I, A, B. do swear or affirm, "that I will discharge the several duties re- " quired of me by the act of assembly pass- " ed st November session, 1807, entitled, " An act for trie opening and extending of " Pratt street, in the city of Baltimore, to " the best of my skill and judgment, with- . " out fav, ur, partiality or prejudice ;" and in case any of the persons appointed as a- foresaid shall die or renise'toact, it shall and may be lawful for the said chief judge, from time to time, to substitute other persons in their stead, who shall severally be summon- i •: by the said sheriff, and take and subscribe the aforegoing oath or affirmation, as the case may be, and have the same po w much of the said damages, costs, charges aud expence, is to be by him borne and paid, and the said statement, un- der their hands and seals, to return to the office of the clerk of Baltimore county ; and they are also required to return a duplicate of such statement to the office of the regis- ter of the city of Baltimore, to.be by him preserved and kept in the same manner that the public records of the city are. XI, And be it. enacted, That the said sums of money,, ascertained by the said jury to be paid by the said owners of property bsnefited as aforesaid, shall be and the same are hereby declared to be a lien on the pro- perty of the said owners respectively, for the full amount by them severally to be paid ; and the said commissioners, or the survivors of them, may and they are hereby autho- rised to institute, in their own names, a suit or suits in Baltimore county court, for the recovery of the said sums of money from the person or persons by whom they are respectively due, in which it shall be suffi cient to declare for money had and received, and this act and the proceedings under the same, shall be evidence to support such ac- tion or actions instituted as aforesaid. XII, And be it enacted, That the said com- missioners be, and they are here y'authoris- ed and directed to appoint a collector, and in case of the death «r resignation of such collector, another person to appoint from time to time in his stead, to collect and re- ceive all sums of money ascertained by the said jury, to be paid by the respective own- ers of property beneficed as aforesaid, who is hereby authorised and empowered to col- lect the same in the same manner that the city taxes are collected by the collector of the city of Baltimore, and to pay over monthly to the said nommissioners, all money by him collected as aforesaid ; and the said collect or, before he proceeds to the discharge of the duties of his office, shall give bond to the state of Maryland, with securities to be ap- proved of by the said commissioners, in the penal sum of ——— hundred thousand dollars, conditioned that he will well and truly collect all sums of money ascertained by the jury aforesaid to be paid by the own- ers of property benefitted by the opening and extension of Pratt-street, and pay over the same monthly to the commissioners ap- pointed to open and extend said street, a- greeably to the provisions of this act, which said bond shall be lodged in the office of the clerkof Ball imore county; & the saidcollector shall receive half a percentum on the whole arnmount by him collected, as a compensa- tion for his services in collecting the same. XIII, And be it enacted, That the said commissioners, before they proceed to the exercise of their powers and discharge of the duties created by this act, shall give bond to the state of Maryland in the penal sum of ------- hundred thousand dollars, conditioned for the faitful discharge of the duties required of them as commissioners under this act ; which said bond shall be lodged in the office of the clerk of Balti- more county, and a copy thereof under the seal of the county, shall be competent testi- mony in any court of law or equity in this state ; and the judges of Baltimore county court, or either of them, holding said court, may, upon the application of any person in- terested therein, call upon the said commis- sioners to renew their bend with such secu- rities as the said court may deem satisfactory and upon sncli commissioners neglecting or refusing to renew their said bond as afore- said, the said county court may revoke all the r> \vers and trusts oiven to the said com- missioners, and appoint other commission- ers in their places, who shall give bond as af-resaid, and possess and exercise all the p iwers, trusts and duties, imposed on and delegated to the said commissioners no minated in this act. XIV. And be it enacted, That each mem- ber of the said jury shall receive as a com pensatinn for his services rendered in pursu- ance of this act, the sum of-------------dol- lars. XV. And be it enacted, That the said bonds given by the said commissioners and o Hector, shall be liable to be sued on by any person injured by them respectively in the discharge of thek duties ; which suits shall he brought in the name of the state f Maryland, and endorsed for the use of the person suing ; provided that nothing in this act contained shall authorise the said com missioners to fill up, or commence the fil ling up or extension i f the a d street as aforesaid, until each owner of property injured by the opening and extension of said street shall be paid the full amount of the damages ascertained by the said j'iry to be sustained as aforesaid, or until each of the said owners shall declare their assent in writing, that the said commissioners may proceed in the discharge of the duties of their office. LEGISLATURE, House oe Delegates, Maryland. Thursday, December 8, r807. The house met. Present as on yesterday. The proceedings of yesterday were read. The bill authorising Benjamin Ray, late sheriff and collector of Montgomery county, to complete his collection, the bill to extend Centre street, in the northern precincts of the city of Baltimore, and to build a bridge across Jones's Falls, the finther supplement to the act to incorporate companies to make several turnpike roads through Baltimore county, and for other purposes, the bill for the side of the real estate of James Win Chester, and the resolution in favor of Wm. Amos, were sent to the senate. Mr. Robert Dennis, a delegate for Dor- chester county, appeared qualified, & took his seat. The following message was sent to the Senate : We propose agreeably to the order of the day, to proceed immediately to the election of two directors on the part of this state in the Union Bank of Maryland. Peter Forney. Samuel G. Griffith, Samuel Howard, & Sam. Briscoe, are pvit in nomination by this house in addition to those nominated by you.— Mr. Sudler and Mr. Hopewell are appointed by this house to join the gentlemen named in your me' _ to examine the ballots. The hous ^ v-ded to ballot, for two di- rectors in the Union Bank of Maryland, and upon examining the ballots it appeared. that Samuel Wrignt was elected, who was accurdingly declared a director on behalf of this state for the ensuing year in the Union Bank of Maryland.- The house proceeded to ballot for aonther director, and upon examining the ballot it appeared, that Thomas Dickson was elected, and was declared to be a director on behalf of this state for the ensuing year in the Union Bank of Maryland. \ pethion from sundry inhabitants of the city of Baltimore, praying that the city commissioners may be authorised to establish the dividing lines of certain lots, was pre- ferred, read, and referred. Mr. Bowles delivered an unfavorable re- port on the petition of Jean B. Chirac ; which was twice read jnd concurred with. Mr. T. Dorsey delivered a bill, entitled, an act to authorise the drawing of a lottery within the city of Baltimore, for the pur pose therein mentioned, and a bill, entitled an act for the relief of James West, an insolvent debtor ; which were read. Ordered, That the further additional sup- plementary act to the act, entiled, an act for quieting possessions, enrolling convey- ances, and s> curing the estates of purchasers, have a second reading on Wednesday the 9th insta t. Mr. Harryman delivered a favorable re. port on the petition of Thomas D Cockey and Joshua F. Cockey ; which was read. . The house, according to order, proceeded to the second reading of the bill to establish a chancery court on the eastern shore of this state. & to repeal such parts of the constitution and form of government as may be incom- patible with the same, and on progression in reading said bill, the question was put, That the further consideration of the same be postponed until Thursday, the 10th in- stant ? Resolved in the affirmative. The supplement to the act to establish a bank, and incorporate the subscribers thereto, was read the second time, and the question pin, Shall the said bill pass ? Resolved in the afarmaive, yeas 39, nays 28. The house adjourned till to monow morn- ing. Friday, December 4. The house met. Present as on yesterday. The proceedings of yesterday were read. Mr. Grahame appeared in the house The supplement to the act to establish a bank,and incorporate the subscribers thereto, was sent to the senate. Mr. O. Williams delivered the bill, entitled an additional supplement to the act, entitled, an act to ascertain the allowance to jury men and witnesses to the general court, and the several county and orphans' courts in this state, as amended ; which was read. The clerk of the senate delivered the supplement to the act to appoint and author- ise commissioners to review and lay out a part of the road therein mentioned in Har- ford county, endorsed. " will pass with the proposed amendments ; which amendments were agresd to, and the bill ordered to be engrossed. And the further supplement to the act to regulate elections, endorsed "will pass with the proposed amendment ;" which amendment was agreed to and the bill order- ed to be engrossed. Ordered, That the bill for the enlarge- ment of the city of Baltimore, in Baltimore county, be recommitted for amendment. . A petition from Evans Willing, of So- merset oouuty, praying payment for « ne- gro man who was drowned while pthsatd a* a runaway, was preferred, read and re- ferred. Mr. Porter delivered a favorable report on the petition of Maloy ; which was read. The bill to provide for transcribing and re- cording certain records and papers in the register's office of Kent county, was read the econd time and passed. The clerk of the senate delivered a bill annulling the marriage of Britannia Mar- shall, endorsed, " on reconsideration wilt pass." Ordered to be engrossed. And the bill for the relief of Robert Leatheibury, endorsed, " will not pass " The house, according to order, proceeded to the second reading of the bill for quiet- ing possessions, and securing aud Confirm- ing the estates of purchasers, and after reading the same throughout, the question was put shall the said b;U pass ? The yeas and n.iys being required, appeared as follow : Affirmative. Messieurs Gardiner, W. Moffitt, Welch, Briee, Belt C. I). Hjd- ces, O. Williams, Merriken, Emerson, Green, Rogerson, Little, Harryman, M. Brown, Kerr, P. Spencer, Seth, Stevens,. Dennis, Ennalls, Henry, C >x, T. Moffitt, Porter, Page, J Williams, Sturgis, Robins, Dashiell, Biggs, Kuhn, Shriver, Streett, Ayres, Davis, Bayard, Jump, T. Dorsey, Steuart, Bo les, Schnebly, Tabbs, Gab'byy D rue, Bruce, Tomlinson, Green*ell, Bris-*' coe.—48. Negative. Messieurs W. H. Brown,,- Blakistosie, Hopewell, Gale, of Kent, Blake, Stotic, C. Dorsey, G.de of Somerset,' Jackson, King, Callis, B. H >dges, Shaaff, J. E. Spencer, Sudler, Hawkins, Carrol,— So it was resolved in the affirmative. Adjourned. Sparta (Geo) Nov. 21. Cold comfort for Yazoo Speculators—The fallowing resolutions were introducted, at the commencement of the present session of the legislature, by Mr. Bryan, (of Chat- ham ; ) the preamable was proposed by Mr. E. H. Cummins, (of Wilkes ;) and the word " unanimously" was inserted on moti- on of Mr. Davies, (of Chatham.) LEGISLATURE OF GEORGIA. In the house of representatives, l-jth Nov. 1807. Whereas, in the year 1795, as will be recollected with emotions of indignation by every virtuous citizen of this state, a combi- nation of influential and monied men, suc- ceeded by bribery and corruption, in obtain- ing the passage of an act, conveying the right of this state in a well known portion of the western country, called Yazoo, to several companiesof purchasers—and where- as the succeeding legislatures duly convinced f the flagitious agency which had procured the act aforesaid, virtuously determined by a rescinding law, to prohibit all contracts, conveyances and grants originating in that fraud from being carried into effect ; it so- lemnly becomes this legislature to support and preserve consistent, the reputation of this state by denying the statements of a band of speculators, c mbined from New. Hampshire to the Mississippi, to embezzle the funds either of this state, or the Unit- ed states, and to riot on the profits of an extensive tract of county, in alledging false- lit that the state of Georgia contemplated in the articles of cession of the U. States of her western territory in 1803,. any enmpro. m'tse of the Yazoo claims, in any way -whate- ver. And in as much as it is important to the decision of congress on this subject, and greatly so to the dignity and ju-iice of the state of Georgia, that the truth as it is, in this matter, should be Fully and unequivo- cally defined, it is therefore, Resolved unanimously, by tlx Senate and House of Representatives of the State of Gear. gia, in Ceneral Assembly met, That they have vie ed and still view with abhorrence, the attempt made by a set of unprincipled men, commonly known by the appellation of Yazoo men, to corrupt a majority of the le- gislature of this state, in theyear 1795, which attempt was rendered abortive by the virtue of the succeeding legislature. Resolved unanimously, That it never was the intention of the legislature of this state, when they ratified certain articles of agree- ment and cession, entered into by com org- sioners appointed by the State of Georgia and the United States, to evince any desire to compromise claims that originated in fraud, and which were rendered invalid by the state sovereignty. Resolved unanimously, That the thanks of the Senate and H»use of Representatives o£ the state of Georgia, be given to John Ran- dolph, member of Congress from the state of Virginia, and the late majority of the Ninth Congress, for their virtuous and man™. iy opposition to acompromise, which would in their (pinion, equally compromit the dig- nity of the government of the UnitedSiates and the sovereignty of this state. Resolved unanimously, That the Governor be requested to transmit copies of the forego- ing resolutions to Mr. Randolph, to the Se- cretary ot State, Secretary the Treasu.y, and the Attorney General of the U. States. Extract bom the Journal. Attest, HINES HOLT, Clerk. Concurred unanimously in Senate, iS/h No- vember, 1807. WILL. ROBERTSON, Sec'ry. PROCEEDINGS OF THE Vtrgittia Legislature of the 10th inst. Mr. Smyth (of Wythe) begged leave to . call the attention of the House to a subject J of importance. It appeared to him that the j informal war which already existed between j this country and Great Britain must very soon become a war in form. We have been inlotmed by the public prints that the Bri- tish court have declared that if the non-im- purtittion act goes into operation, it will'be ?