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of the lips and the tongue, which is by no means the Hartford Bank, and new lands in New York and pleasant or easy to bear.
Ohio. The capital has considerably increased "The celestial empire sets very little value on since its establishment, and the number of debt things that are brought from a distance. Nor does ors augmented in much greater proportion. The it consider as rare and precious pearls, the pro local distribution of the school fund debts has ductions of your country, however curious and been materially changed since that period, so that ingenious they may be thought.
now most of the debtors and lands pledged as col. That you, O king, may preserve your people in laterial security, as well as nearly all the cultivated peace, and be careful in giving strength to the farms belonging to the tund, are situated beyond boundary lines of your territories, that no separa- the immediate operation of the laws of this state. tion of those parts which are distant from that the amount of sums actually paid to the several which is near at home may take place, is what I, school societies in this state, does not appear, from the emperor, sincerely and strongly recommend. the record, lo amount to as much as might have
Finally, there will be no occasion for you here- been expected. All these facts, with many others after to send an ambassador from so great a dis necessarily connected with them, have been exam. tance, and to give him the trouble of pasing over ined in detail by your committee, and the result mountains and crossing the ocean. If you do but of their investigation is now -submitted; ingeiher pour out the heart in dutiful obedience, it is by with a bill for a public act, which your committee no means necessary, at any stated time, to come would recommend for the adoption of the legislato the celestial presence, ere it be pronounced, that ture, as the best means they could devise of remeyou turn towards the transforming influence which dying existing evils, and of complying with the eminate from this empire.
requisitions of the constitution. "This imperial mandate is now issued that you The first sale of the Connecticut Western Re. may forever obey it.-Kia-King-21st year, the serve lands was completed in September, 1795, moon, 20th day.'-(September 11th, 1816.) for the sum of S:,200,000, on annual interes: from
It is said that the emperor is building forts and the 2d day of September, 1797. The debt of the defences in every part of his coast that is accessible, purchasers was evinced by 36 bonds, and resiedon from Bocca Tigris to Pei-ho, in order to prevent personal security. In the year 1801, tlie nunber any less pacific mission, of which it is said his ma. of bonds had increased to 239, most of which were jesty is under considerable apprehension; and that secured by mortgage of real estate; at or near this his officers, at Canton, are more then ordinarily period the state relinquished two years interest to civil to the British residents. The English editor the purchasers, in consequence of a delay in the seerns to think that the treatment of lord Amherst, congress of the United States to authorise the prein bis diplomatic mission, almost warrants an inva- sident to issue a patent of said reserve lands to sion of the Chinese dominions;' but it is evident that the state of Connecticut for the bencfit of the pur. his lordship brought himself into the ridiculous chasers. In May, 1810, the number of bon!! bad predicament, that so mortified himself and the increased nearly to 500, at which time the hon. English nation. When he started on his mission James Hillhouse
commissioner of the of diplomacy, which seemed to us this side of the school fund, with a salary of $1000 per annum water more of shew than of use," at the time, he and all his expenses. In October, 1812, a resolve should have taken with him the old aphorism- passed the legislature having a retrospective ope. 'when you are among the Romans you must do as ration, so as to allow Mr. Hillhouse for extra ser. the Romans do'-In other words, have resolved to vices $500 annually, commencing in May, 1811. comform to all the Chinese ceremonies, however This allowance was continued until October, 1818, grating they might be to his English sense of at wbich time the resolve was repealed. Since etiquette, and not to be sickened by any luxuries May, 1810, the treasurer has been '&'lowe i 8300 of the Chinese, which are said to have made many annually, for his services as assistant commissioner. an Englishman's stomach revolt.
The state, from its treasury, paid the expense of
managing the school funil, from 1795 to May 1810, Connecticut School Fund.
so that during that time, the whole of the money
arising from the school fund, was appropriated to The committee to whom was referred that pure of his the purposes for wbich it was originally intended,
excellency's speech which relates to the school fund, but since May, 1810, the find has been charged respectfully report:
with that expense. Fron May, 1810, to May, 1819, That, with peculiar satisfaction, they find the the number of school fund bonds increased about constitution has provided for the inviolable appro. 1500, so that at this time the whole number of bonds priation of so large a proportion of the funds of is about 2000. this state to the support and encouragement of The original capital stock of the fund, public or common schools. This excellent provi. or amount of sales, as before stated, sion makes it the duty of the legislature to watch
$1,200,000 with constant and vigilant attention this sacred de. The simple interest on this fund for posite, and to provide for its appropriation in such nine-teen years to 2d Sept. 1818, is manner as shall most effectually accomplish the $1,368,000 benevolent object for which it was intended. The The sum actually divided for the bene. interesting nature of this o'vject, the delightful fit of schools, amounts to
8826,983 03 theme of contemplation it affords the philanthro. - which amounts to somewhat more pist, as the prolific source of that virtue and intel. than 3 1 2 per cent. say 3 63-100 per higence for which the inhabitants of Connecticut cent. on the original capital S 541,017 have been so long distinguished, have induced your The simple interest on the bacommittee to give it all the attention in their lance remaining undivided at power.
the end of each year, to 2.1 The fund called the school fund, consists of Sept. 1818,
$275,468 debts secured by bond and mortgage, cultivated farms ia Massachusetts and Connecticut, stock in
This balance of 8816.185, added to the
of Kontucky, who claims her as a fugitive from original principal, makes $2,016,185 labor;-it appeared that cognizance of the case had The nominal amount of capital, as now:
been taken under a law of this state, which pro. stated on the books in the office, in.
vides, that a non resident, having a claim to the cluding bonds, bank stock, cultivat.
service of any person in this state, shall procure ed farms, and new lands is $1,169,185
a warrant from a judge, or a justice of the peace, some losses will doubtless be incurred
who being satisfied of the validity of the claim, shall on the bonds and lands incladed in
certify the case to the next term of the circuit court this nominal amount, which it is im.
for the county, where a trial by jury sliall be had possible for your committee to er.
in the ordinary mode; and upon verdict and judge timate.-But supposing the nominal
ment being obtained against the servant, the court and actual value the same, there
shall grant a certificate, authorising the claimant will be a balance not particularly ac
to remove the servant out of the state. That the counted for, of
$367,000 claim of Chasteen having been asserted under this This balance appears large; it will however be law, the case was certified to the circuit court, for recolected, that the expense incurred in managing the county of Jefferson, and being dismissed by the establishment for the last nine years, must the claimant, a bill in equity was filed and an in. have been considerable. That some of the debts junction obtained against him, for the purpose of of the school fund have been partially unproduc. investigating the claim of the girl to her freedom. tive of interest. That lands, if unfortunately taken, -The clain, however, being brought before me, did not advance in value equal to the interest, and the case pending before the state court was disthat the new lands now on hand, reckoned at the missed, and a motion submitted for the dismissal price for which they were received, amount to of the warrant, upon the ground$40,560, the interesi of which would be properly “That the 3d clause, of the 2d section, of the 4th applie! in the reduction of the above balance. Il article of the constitution of the United States, also appears that there are now on hand cultivated confers no authority on congress on the subject of farms, which, at the received value, amount to fugitive slaves; and, therefore, that the act of con. $67,193, which probably have not produced six gress (Feb. 12, 1792) is unconstitutional.". per cent. the difference, then, between six per But admitting the constitutionality of that law, cent. on that sum, and the actual rents, will also it was contended that the several states have an be a proper item to reduce the abovementioned authori'y, concurrent with congress, to legislate on balance. There are doubiless a variety of other this subject; and therefore that any procedure un. items which ought to be applied to the same pur. der the law of this state, (December 30, 1816) pose, which your committee find to be impossi already mentioned, operates to the exclusion of ble to ascertain, unless they were to enter into a any authority derived from the act of congress. fruitless investigation of all the transactions re Prior to the adoption of the constitution of the garding this important fund, for more than twenty United States, the inhabitants of the states, where years past
slavery prevailed, were exposed to so many incon: Your committee have judged proper to present, veniences, from the escaping of their slaves into as far as prácticable, the nominal value and distri- other states, where slavery was not tolerated bution of the school fund, and for this purpose they from the different views entertained of the sub. have prepared the following exhibit, viz: ject, itwas thought unnecessary or improper to aid Bonds against persons in the state
in their restoration--and in tbe states, where co. of Connecticut,
$579,227 99 lored persons were free, persons escaping from the In the state of Vew York,
568,297 63 service of their masters, became emancipatel by Mussachusetts, 271,582 30 their laws. To correct ihese abuses-prevent col. Vermont,
17,444 63 lisions between the several states to secure the Ohio,
47,279 33 enjoyment of property according to their laws, re
spectively-and to enable the owners of slaves, Amount of bonds 1,483,831 88 fleeing from their service, to reclaim them, the Stock, 576 shares in Hartford bank, 57,600 00 constitution provides, that no person held 10 labor New lands in the state of
in one state, under the laws thereof, escaping into New York,
another, shall in consequence of any law or regula. In the state of Ohio,
tion therein, be discharged from such service or Amount of new lands 40,560 00 labor, but shall be delivered up on the claim of Cultivated farms in Connecti.
the party, to whom such service or labor may be cut,
due, and in conformity to this provision of the conIn Massachusetts,
stitution, congress accordingly enacted that any Amount of farms 67,193 54 person held le service or labor, in any state, ac
cording to the laws thereof, escaping into another Total amount $1,649.185 42 state, may be seized by the person io wbom such
service or lebor is due, and taken before a judge Signed per order,
of the United States, or ay magistrate of u county, ELIJAH BOARDMAN, Chairman. &c. who, upon proof to his satisfaction, that the
person so seized, doth, under the laws of the state,
from wbich he or she fled, owe service or labor to Fugitive Slaves.
the claimant, shall give a certificate thereof, and Decision delivered by the hon, Benjamin Park, at which shall be a sufficient warrant to remove back Cordon, Nov. 3, 1818
the fugitive to the state from which he or she es. John L. Chasteen, a citizen of Ky.
caped. Against Susan (alies Sook) a woman of color, and a fugitive slave of Ky, This case has probably furnished the first occa
Susan, a per on of color, being brought before sion on which the validity of this law has been me, upon a warrant issued upon the complaint of questioned, which is cited by Judge Tucker in bis her master, Jobn L. Chasteen, a citizen of the state commentary on the constitution of the U. States
(Tucker's Black 365) Ind has be supreni.co.ir "is Capture. As > **sed eroid I can. of the state of New York, (i, I believe, Glen. vs. not think that the evidence was such as sanctioned Anuges, 9th Jon 67] with approbation, and which the decree of the district court; for besides that has been recognized in many cases before the the fact is but feebly established by the witnesses judges and courts of this country; no reason has who swear to it, when their testimoney is compared been suggested to in Auence a deviation from this with each other and with that of the officer's--88 current of authority; and the case as regards this the only witness who testifies to the national point is considered clear of doubt or difficulty.
character of tbe four men said to have been enlist. Before the passage of the act of congress, owned, proves them to have been foreigners, not Ameri. ers of slaves escaping into other states must have cans, and to have come on board the capturing ves. resort 10 the laws of these states, for the recovery sels to enter--the case has never been included in of their property-they had no oiber means of re any of the penal laws passed by congress on this dress; but when, in conformity to the constitution subject, nor has foreign governments any ground provision, congress legislated and provided a reme. for claiming from the United States, that such a dy commensurate with the object in view, it su.
case should have been included. The fact of illegal perceded any state regulation then exis:ing or that quipment therefore I consider as unsubstantiated. might thereafter be adopted. The idea of another With regard to the first and principal ground os concurrent in the federal and state governments which the decree is founded, I am of mpinion that appears to have been carried too far in the argu. it is one of more delicacy than real difficulty. menil-and if admitted, would be pregnant with
To have dismissed the libel, it was not necessary the greatest mischief--and the source of perpetual to recognize the independence of Buenos Ayres a's collisions between the states and the general go
one of the family of na jong. The indisputable vernment. The cases of taxution, &c. are not sp. faci known to all the world, and recognized by our posite- A concurrent power may be exerted, on own executive, in many official communications, of the same subject, for different purposes, but not the existence of open, solemn war between Spain for the attainment of the same end.' If lavs of the and an extensive and powerful colony, is enough to same tenor and effect are enacted, one must be impose on us, as a nation, the duties of neutrality. useless but if they differ in the remedy, and in the colo'y asserts, the social compact is violated the mode of obtaining it, their relative authority by the parent state, and the state of dependence must be determined from a recurrence to the or allegiance no longer ex'sting--on this question source from whence they originated. In the forma. an appeal is made to the God of armies, and no tion of the constitution of the United States, the inferior tribunal ought to interfere. The colony states parted with this authority, and devolved it claims from us no acknowledgment of her indeupon the general government, and it is a privilege pendence-she only demands of us to leave her in Becured to the people of the slates respectively, to possession of what she can win by arms. Spain, to seek redress before the tribunals, and in ibe unable to rescue by force, solicits our aid to seize, mode designated by congress
in violation of the rights of hospitality, the proBy the law of congress, a judge, or magistrate, is perty that has been forced into our barbors-our competent to decide, finally, the service of the luty is to lend our aid to neither, but to leave owner, but by the law of the state, if satisfied of thein as we find them, rigidly arlhereing to the the validity of the claim, he is to certify the case duties of neutrality. This is not a piratical Capture, to the circuit court,—the former case is to be and therefore not a case within the provisions of determined in a summary way according to the our treaty with Spain--it is a seizure in the exer. latter, by a court aided by a jury-by the former cise of the rights of war, not by one who wages war there is a discretionary power as to the recep, ion against the human race, but one who has singled of evidence in support of the claim, by the latter ost Spain for the sole antagonist. All seizures of the cause must be conducted as is usual in suits at property within our limits, we are bound by that common law, and it is unnecessary to enquire whe. treaty to prevent, but the duty to restore, is con. ther one or the other is best calculated to promote fined solely to the case of rescue from those whom the ends of justice. It
sufficient that congress
we can recognize as pirates. In the case of Palmer have prescribed the mode, and the motion must and others, in the supreme court, the principles therefore be overruled.
laid down by the chief justice, excluded all ideg that this was a piratical capture. It was then a
seizure jure belli, and the rights of war are neces. Patriot Privateering;
sarily commensurate with the power of inaintaining U. States circuit court, a Charleston, March, 1819. high scas; the jurisdiction of which is not susceptible
it openly and solemnly, more especially upon the Antoniono A gote Villalobus, CONSUL OF SPAIN,
of that demarkaljon and appropria ion which takes pluce on the land. This conflict bas long been
carried on between the colony and parent state. THE SCAR. CONCEPCION AND CARGO.
The event is at least doub:fulmit is on both sides Opinion-Johnson, judge. This vessel and cargo an assertion of a supposed existing right, and nei: are clearly Spanish property, and the Corvette La ther can claim of a Dalion to whom their disputes Union, by which she was captured, was a co- are inimaterial any act of interference which may missioned cruiser of the republican or revolted involve it in a contest with the vic:or. Much has province, (for names prove nothing) of Buenos been said, and some cases and opinions cited to Ayres. The prize put into this port in distress, shew that this court cannot recognize the in:lepen. was libelled by the Spanish consul in behalf of the dence of a revolled colony, until that recognition Spanish owners, and by the decree of the district shall have proceeded froin our own governinent or court, ordered to be restored, on two grounds-1si. the parent state. There was a time when this coun.
That the courts of this government cannot re-try negociated and fought to maintain a different cognize the commission under Buenos Ayres-2d, doctrine and it will be recollected that, in the That the capturing vessel had recruited men wliile opinion before expressed, I have not thoug!it it ne. lying in the mouth of the Mississippi in the month Icessary, in this case, to assert a different docirine. ef April last, which mea were on board at the time But as the doctrine in this point, is no where
FROM THE NEW YORK EVENING POST.
arbitrary exertion of power is unknown to the ge. and apparently disregarding his solemn vow, the nius of our constitution, and all that any state can unhappy girl was advised to swear the child to expect of the United States, is that adequate laws him, as well to obtain its maintainance, as to ex. should be passed to punish and prevent the compose the circumstances, which had led to her calamission of such acts. When acts are done in eva- mity. She was required to appear in court, to sion of those laws, unless the government can be depose in the fact that he was the father. She charged with winking at those evasions, it is nou was young and beautiful, her appearance, sorrowful liable to indemnify Spain for such captures-and and interesting, her deportment perfectly modest our courts of justice cannot, on that ground, vio and correct--free from any affected sensibility and late the obligation of neutrality by seizing and re. devoid of all forwardness. After being sworn, storing prizes that have been made by either party. she stated that "she had only to say that Mr. (Signed)
WM. JOHNSON. was the father of her child; if other testimony
was required, it could be obiained from witnesses
who were now present." The attorney for the A Whale is a Fish?
commonwealth remarked "you are positive, ma.
dam, that Mr. - is the father of your child?'. At a late Mayor's court came on for trial the case “Yes, sir, it is impossible that any other person of Maurice, inspector of oil, vs. Judd, a vender, could have been." Never did a woman excite s which, strange as it may seem, turned on the ques. more general sympathy, than Miss did at this tion whether a whale is a fish? To support the ne moment. You might see, through her eyes, the gative, the learned Dr. Mitchell was sworn, and a inward agonies of those finer feelings, which were number of persons not so learned; while, on the repressed with so much dignity, but which excited other side, a number of witnesses, equally respect, such universal respect and commisseration. A so. able, testified that they had always been accustom- lemn pause of some moments ensued. Those who ed, during their whole lives, to consider every in- bad gathered around to leer and to laugh, invo. habitant of the great deep, and which could not luntarily sacrificed their intentions 10 the more live upon land, as fishes, and the wbale among the generous feelings of our nature. At length, one rest. It consumed nearly three days in settling the of the counsel for the defendant, ventured to ask question all the sellers of oil being one way of her a question; one which, on similar occasions, swearing, and all the buyers another--and, perhaps, would have hardly been deemed improper. the jury might have been puzzled until this time, But “the age of chivalry was not gone;"-the had not the learned Dr. Mitchell, unfortunately, the whole bar were ready to resent “even a look quoted the first cbapter of Genesis in support of his that should threaten her with insult.”-A gallant opinion. The doctor ren arked, that it is there said, young gentleman instantly rose to protest against that "God created whales, and every living crea the question; he was not engaged in the case; but ture that moveth, which the waters broughi forih it was impossible for his heart to be cold, or bis abundan'ly:" from which be inferred that the whale tongue to be wordless" on such an occasion; every was a separate creation from fishes. This put the feeling of his soul was aroused, and impelled bim other side upon the same track; who found a text to denource ihe course which was about to be in the old testament, which states that "Jonah was pursued. The attorney for the commonwealth, in in the belly of the fish three days and three nights,,'bis accustomed eloquence, gave vent 10 bis love and in the new, that "Jonah was three days in the and tenderness for the sex.-A third gentleman, whale's belly." Putting the two together, they of a good oid age and retiring from the labors of proved that a whale was a fish, according to scrip- the law, next arose-und with all bis well earned ture authority: besides, they said that the doctor's influence, declared in the generous enthusiasm of text, if it proved any thing in the case, would his nature, his repr.bation of the man, who could prove too much; as it would equally prove that a first betray an amiable and beautiful woman, and whale was not a "living creature. Finally, the then cause ber sorrows and sufferings to be sportjury, by their verdici, decided that a whule is a ed with in a court of justice. The worthy counsel, fish. Sir Joseph Banks, we are told by the facetious whose ill-fated question had brought forth these Peter Pindar, once made an experiment, to sa isfy bursts of indignant eloquence, seemed not to know himself whether fleas were not lobsters, by boiling what he had done, or what he should say; his cothem, to see if they would not turn red, but the adjutor, however, made an apologetic explanation result disappointing his expectations, lie is made by for him, complimented, in a handsome strain, the the poet to exclaim peevishly,
ardor and eloquence of the volunteers, who had "Fleas are not lobster, do their souls."
enlisted under the banners of the unfurtunate fair; A report of this funny trial is preparing by Mr. i: feeling terms commisserated her affliction, and Sampson, one of the counsel for the plaintiff. declare I he was one of the last men in the world who
would give it the slenderest auditional pang. In Case of Seduction.
tiis state of things, a friend of the defendant stated
to him, that he was bound by every feeling and Petersburg, l'u. Sept. 8.-The following singu- principle that could bind a m'n of honor, to marry lar incideni, we are assured by a respectable friend, that girl.” The man immediately declared, be occurred a stort time since, between a young gen. was perfectly willing and always intended it. tleman and young lady, in an adjacent county. This declaration was instantly cominunicated to The parties both possessed a small property, were another counsel, wbo, (altho', from the mere want of respectable connections, and had been for some of an opportunity, he bad not spoken,) had been time engaged to be married. But so.ne unfortu. manifesting no ordinary solicitude on the subject. nate circunstances baving opposed and retarded He requested a pause in the proceedings—the girl their union, they were, in an unlucky moment, in and her mother were called out and consulted duced by their warm and confiding affections, to the former, declared that she had loved Mr. anticipate the event; and in the ordinary course more than she could ever love any man again, of such manners, a fine child was born unto them. and that is bis former feelings towards her were The lover now becoming indifferent and neglectful, unchanged, she would still marry bim. He was