cimens of the Greek chissel that have come down and saying they could not meddle with the second, to us. Several distinguished artists think that in determined that the Candor came in a character this Venus they have discovered one worthy to dis-which entitled her, by the laws of nations, to propute pre-eminence with the Venus de Medicis. This tection from civil process, and consequently that opinion, inspired perhaps by the pleasure of disco- this repleven was improperly brought: The court, very, may be before long discussed, as these preci- therefore, decided the repleven to be discontinued, ous monuments of sculpture are to be transported and the vessel to be given to the defendant in the to the Musee Bourbon. In the same place have same state as when the repleven was executed. been found two arms of bronze, adorned with bracelets. The Chevalier Ardite, who directs the search, hopes to be enabled in a short time, to expose the whole extent of Pompeii, which will probably be a mine fruitful in objects of the fine arts-French pap. ASIA. The British frigate Alceste, with lord Amhest, late envoy to Pekin, on board, &c. was wrecked in the Straits of Gaspar, about the 18th Feb. last: no lives lost. AFRICA. The other Tunisian corsair that had been in the British channel, was captured. But both of them, after being conducted out of the narrow seas, were released. It is British law that ships of war shall not hover on their coasts. It is calculated to excite interesting reflections that they themselves have not observed this rule to others. A Tunisian cruiser was near Corunna on the 9th of May. Two vessels had been seen on fire off there. BRITISH AMERICA. Halifax, July 2-The following circular letter, published by order of his excellency the lieutenantgovernor, has been addressed to the several collectors of his majesty's customs, as well as to the several collectors of light duties at the different ports in this province: (CIRCULAR.) Secretary's Office, Halifax, June 24, 1817. Rear-admiral sir David Milne having communicated to his excellency the lieutenant-governor, that the American government had declined to ac cede to the propositions which have been made to them by his majesty's government, for the purpose of endeavoring to frame some arrangement, by which the citizens of the United States of America might be permitted to a participation of the fisheries within the limits of the British jurisdiction, I have it in command from his excellency the lieut. governor, to apprise you, that American fishermen are not permitted to frequent the harbors, bays or creeks, The grand powder magazine, at Port au Prince, of this province, unless driven into them by actual was struck with lightning on the 19th of June, distress; and I have to desire that you, on no acand blew up-it contained 108,000lbs of powder, count, ask or receive any light money, anchorage, which of course did great damage. And on the or any other fees whatsoever, from vessels belong27th, an officer in a fit of intoxication and anger, ing to American subjects. blew up the magazine at Fort Bisseton [Port au Prince] which contained 28,000lbs powder. In this last the officer was the only person killed. More than half the houses in Port au Prince require new roofs. WEST INDIES. I have the honor to be, sir, your most obedient servant, RUPERT D. GEORGE, secretary. "SPANISH" AMERICA. After the capture of Angustura, Boilvar is said to have advanced against the city of Garracas-which, it was supposed, he would take without opposition. LAW-CASE.-Jamaica, June 13-Soon after the arrival at this port of the Venezulian government schr. Candor, capt. Philipe Estevez, a repleven was issued A brig belonging to the royal fleet at Havana, against her by the agents of her original owners, formerly the Chasseur of Baltimore, returned into who were Spanish subjects residing in the Havana, port on the 5th inst. in a very crippled state, and and from whom she was captured by the Indepen- with the loss of 60 men in killed and wounded, in dents; a motion having been made in the grand an engagement with a Carthagenian privateer. This court to discontinue the repleven, it came on to be argued on Saturday last: The court considered this matter in three points of view 1st, How far they could permit the plaintiffs to proceed, in a British court of justice, for the reco very and to settle the ownership of a vessel, which, by their own confession, was, at the moment it was seized by the Venezulians, engaged in a traffic which is directly in the teeth of the abolition acts of Great Britain. vessel was probably the Hotspur, capt. Rapp, since spoken, which had 24 men killed and wounded. A vessel has arrived at New-York that was board. ed by the Carthagenian privateer, commanded by Almeida, who put on board of ner two Spanish state prisoners taken out of a vessel bound for Cadiz, which he had captured. The schooner Hannah, of Baltimore bound to La Guayra, with her cargo, was captured within a day's sail of her port by a Spanish privateer, carried to Puerto Cabello, and condemned as good prize. 24, Whether the court will permit itself to be Mr. Wilson, the consignee at the former, proceeded called upon to decide a great political question, to the latter place, and made an investigation into between Great Britain and the subjects of another the matter, and unfolded a scène of great villainy country, in a state of civil war among themselves, on the part of the captors to make a robbery comwhen the British government itself is maintaining plete-for this he was deprived of his papers, and the most marked neutrality towards both the con- thrown into prison by "the worse than savages" tending parties. where he nearly died of disease-but was recover3d, Whether the Candor, coming in a public cha-ing, and had strong hopes of bringing "these racter from Venezuela, not only with despatches for wretches to condign punishment." the admiral on this station, but with despatches to The royalists are completely driven out of Chili. be forwarded from him to our government at home, The patriots banished to the island of Juan Fernan which might be of the utmost importance to the dez have been brought back in triumph. The conmother country, was not entitled rather to the pro- test of the Buenos Ayreans with Peru, still goes tection of the court than to be considered as subject on, with various success. to be detained by its process, and that particularly at the instance of the subjects of Spain. Another very valuable ship belonging to the Phillippine company has just been captured off Cadiz The court, without deciding on the first point, by two privateers, one of 20, the other of 10 guas,→ She was captured on the day she left part. The cannonade was heard at Cadiz, and four dags after several of Ferdinand's ships went out to see what was the matter! Among other valuable ef fects she had $200,000 in specie on board. The same privateers had also captured another vessel with 50,000 dolars. FLORIDA. Artillery of siege. 4 9-pounders, 7 24-pounders, 2 10-inch mortars-Total 13. Besides 6 additional carriages, 5 forges, axes, tools of every kind, a printing press, 4000 suits of regimentals, 10,000 muskets, 100,000lbs. of powder, 100,000 musket ball, 100 boxes of fixed ammunition for transportation in the interior, &c. &c." The capture of Amelia Island, by gen. M'Gregor, is certain. He landed his men on the 30th of June, in the rear of Fernandina, marched them through the marsh, breast-deep, and entered the town by capitulation, without firing a gun. There were only about 70 Spanish soldiers on Amelia. He was rapidly recruiting his little army, and intended im- On establishing his head quarters at New St. Anmediately to march for St. Augustine, a strong place, dero, by gen. Mina, the bishop of the place celebratand said to be defended by 500 men, where he will ed divine service and caused a Te Deum to be chantprobably have warm work. He has with him a ship ed. This looks well. On the 18th of May the geof 22 guns, and some smaller vessels. The official ca-neral mustered his force and found it to consist of pitulation and M Gregor's proclamations, &c. must be 2000 men, which a day or two after was strengthpostponed until our next. ened by two companies of the royal troops who abandoned the cause of Ferdinand. If Mina can support himself a little while, he will probably accomplish the liberation of Mexico. A small military post on St. John's river, called Fort Nicholai, was abandoned by the Spaniards, who escaped in two gun boats, after the capture of Amelia. Two schooners were captured at Amelia by McGregor, who has already established a court of admiralty there, with a post office, &c. John D. Heath, formerly a member of the bar, at Charles ton, is the judge. A newspaper, in the English language, is intended to be printed. One privateer had received a commission at Amelia and sailed on a cruise. Forty African slaves taken at Amelia, were condemned as prize and sold at auction. Later accounts say that every thing was tranquil at Amelia. Gen. McGregor was sending off troops to St. John's for St. Augustine, which was closely blockaded by a patriot frigate and a sloop of war they were thought a match for any naval force that Spain has in the western hemisphere. The governor of St. Augustine, col. Croppinger, is represented as a brave man, and very popular with the people. MEXICO. CHRONICLE. It stated that the Congress frigate, with an agent of the government, Septimus Tyler, esq. on board, is to visit Hayti, and thence proceed to Margaretta, St. Martha and Carthagena. The nature of the business to be transacted at those places is not stated. 4000 tons of plaster of Paris was imported into Boston in the last month, Fifty families of French emigrants have arrived at the Tombigbee, on their way to the Black Warrior, to settle on the tract of land allotted for the cultivation of the vine and olive. They have with them cuttings and scions of choice fruits, &c. As a proof of the growing importance of the city of Richmond, an instance is cited of a lot of ground which, in 1811, was purchased for $500, that sold in this month for $10,000, and upwards. The pirate Mitchell was lately shot through the body, but not wounded mortally, by some military sent from New-Orleans to apprehend him, in the Letters from gen. Mina's army, dated at Soto la neighborhood of that place. This man has commitMarina, May 16, are published. They detail a couted great depredations in the gulph of Mexico, and ple of little skirmishes he had had with the royal ists. In one of these col. Pierre, of New Orleans, with 60 men, attacked and completely routed with the bayonet, a Spanish force of 250 men, killing 10 of them, with the loss of two of his own men. The enemy being mounted, escaped. The following is given as the number of men and amount of ammunition and resources of gen, Mina: "Staff, Guides, 40 20 Employed in the fort we have 150 workmen, also the crew of a ship of 400 tons. Our number daily increases, and in three months we shall have 10,000 men. The following is a statement of our arms and ammunition: is reported to have sunk a ship with 80 persons on board, by scuttling her! Many packages of goods, supposed to have been a part of his spoils, have been found in the woods and swamps. MONEY. New-York, July 19. Bills on London 101, Philadelphia bank notes, par; Baltimore dis. Boston a 1, do. Connecticut, Rhode Island and New Hampshire, and the country banks of Massachusetts, from 1 to 2, do. Virginia, 1 to 14 do. North Carolina, 3 do. South Carolina 1 do. Georgia 2; Louisiana 8. At Oswego, N. Y. a large company of both sexes partook of a banquet prepared by the ladies, in honor of the 4th of July. The two following toasts were given by two young ladies present: The day we celebrate-Sacred to virtue, honor and liberty; it is the privilege and the duty of both sexes equally to participate in its joys. Female loquacity-Satirized by the opposite sex -May it ever be exerted when the cause of our country demands. Specie. The British packet, Lord Sidmouth, lately arrived at New-York, brought out a large quantity of specie to be invested in our stocks. Southern Indians. A letter is published in the Savannah Republican, dated at St. Mary's June 27, from which it appears that the people of Camden points, which will not only enable the society to The Ohio. The depth of water, opposite Cincin nati, in the Ohio, was about fifty feet, on the 30th of June. The river was higher then than it had been known for years so late in the season, The establishment of a powerful company to prosecute the fur trade to the "White Capped Mountains, and along Jefferson's, Madison's, and Gallatin's rivers," is strongly recommended in a St. Louis paper. It would probably be a profitable speculation, and of considerable political impor tance. A remarkable circumstance happened on the 30th ult. on the Genesee river, about ten miles from this place. A part of the land upon the north bank has fallen into and across the river so as completely to change the course of the stream, which was at this place about eighty yards wide. The land on the south side of the river was level for some distance; | -on the north there rose a very high and steep hill, commencing about 20 or 30 feet from the edge of the bank. Along the intermediate space a road! passed, the level of which was not more than six or eight feet above that of the water. In the afternoon of the day above mentioned about half an acre of the bank fell into the river. About half past ten o'clock at night the people in the neighborhood were suddenly alarmed by a tremendous noise from the hill, accompanied by a jarring of the houses. Upon going immediately out they discovered huge masses of the mountain tumbling from above into the river, and dashing the waters to a great height. About 15 acres of the surface is supposed to have fallen. The cavity left in the hill is of a circular form, the back part of which presents a precipice nearly perpendicular of about 150 feet in height. Several of the trees which stood on the side of the mountain yet remain in an erect posture, having been carried down in that position on masses of the earth; the tops of others are buried in the ruins, while their roots are raised into the air. The current of the river being completely obstructed, it has risen above the opposite bank, and is now forming a new channel for a considerable distance. [Gen. Farmer. TO THE PEOPLE OF THE UNITED STATES. The board of managers of the American Colonization Society being about to enter upon the prosecu tion of the great object of the institution, beg leave to address their countrymen upon this important subject. The board do not think it necessary to comment upon the many and obvious benefits that may result from the labors they are engaged in. The love of our own country, and benevolence to the cause of our suffering fellow men, conspire ta offer the most persuasive motives. To these are to be added the far higher and more animating inducements of being the instruments of a gracious Providence in dispensing the light of Christian hope and joy over a benighted and important portion of the earth. The board therefore call with confidence upon their countrymen and fellow Christians for that liberal aid to their designs, in reliance upon which this association was formed. BUSH, WASHINGTON, Pres't, Important Law Intelligence. We have been furnished with a copy of the opi nion delivered by judge Livingston, at the late cir cuit court of the United States, held in this city, in the case of Adams and Adams vs. Storey, by which the following important points are decided: I. That the act of the legislature of this state of the 3rd of April, 1811, is an insolvent, and not a bankrupt law. II. That if a bankrupt law, it would not be void, the several states having a right to pass such laws, notwithstanding the power granted to the general government of establishing an uniform system of bankruptcy. III. That insolvent laws, although they may affect pre-existing debis, are not laws "impuiring the obligation of contracts," within the meaning of the constitution. IV. That a discharge under the insolvent law of CIRCUIT COURT OF THE UNITED STATES FOR THE DIS- TRICT OF NEW YORK. Benjamin Adams and Caleb Adams versus Augustus Storey. R. H. Sedgwick, of counsel for plaintiffs. Fay and Emmet, of counsel for defendant. Mr. JUSTICE LIVINGSTON. This is an action brought on several promissory notes, made or indorsed by the defendant, then residing in Boston, to the plaintiffs, who were then and are yet resi. dents of the same place. The notes are also made payable in Boston, and were dated prior to the pas sing of the insolvent law hereinafter mentioned. The defendant pleaded the general issue, and on the trial offered in evidence, pursuant to a notice The first duty to be performed is to obtain un-given for that purpose, a discharge by the recorder questionable information upon several most essential of the city of New-York, dated the 13th Nov. 1811, Which was granted in virtue of an act of the legis- sons, who are the objects of these laws, that differlature of the state of New-York, entitled "An act ence exists, but their general and most important for the benefit of insolvent debtors and their cre-provisions are essentially dissimilar. Under a bankditors," passed the 3rd of April of the same year. rupt law, the debtor is at once by operation of law, To the reading of this discharge, the plaintiffs as soon as he has committed an act of bankruptcy, objected-but it was admitted. A verdict, howe- divested of all his property, which is transferred to ver, was taken by consent for the plaintiffs, subject assignees in trust for his creditors. All dispositions to the opinion of the court on a case to be made by the bankrupt himself after this are void—an inby the parties. If the discharge was improperly solvent, on the contrary, retains the management of admitted, judgment is to be entered on the ver- his own estate, however he may misbehave towards dict as it now stands-but if the discharge shall his creditors at large, and it is rarely, unless on his be thought a good bar to the action, the present own application, vested in others. It is of no imverdict is to be set aside, and a verdict and judg-portance how many acts he may commit, which unment thereon entered for the defendant. The de-der a bankrupt system would enable his creditors fendant, at the time of obtaining his discharge, re- to take from him the control of his property, they sided and yet resides in the city of New-York. can seldom act upon him compulsively under the Few questions have ever been agitated, in any provisions of an insolvent law, if he be obstinate or court of the United States, since the formation of dishonest, until he has given what preference he the federal government, of more extensive conse- thinks proper, and is become so poor as to be quence, or of more delicacy than those which are scarcely worth pursuing. Under the one system now to be decided. When the binding force of the creditors are actors, and under the other the an act of the legislature of any state is drawn into debtor himself originates the proceedings; and if, as question for its supposed repugnancy to the fede- is sometimes the case, his creditors may do it, even ral constitution, although no court can entertain any doubt of its right to pronounce it invalid, yet it is no more than becoming to proceed with caution, and with more than ordinary deliberation. Presumptions will ever exist in favor of the law, for it will not readily be supposed that any state legislature, who are as much bound by the constitution, and are under the same solemn sanctions as the judges of those courts, to regard it, have either mistaken its meaning, or knowingly transcended their own powers. If, then, by any fair and reasonable interpretation, where the case is as at all doubtful, the law can be reconciled with the constitution, it ought to be done, and a contrary course pursued only, where the incompatibility is so great as to render it extremely difficult to give the latter effect, without violating some provision of the former. then his consent is generally indispensable under the provisions of an insolvent system. Other differences, in almost every stage of proceeding, might easily be pointed out, but they are so familiar to the profession, that a bare inspection of the act under which this discharge was obtained, will leave no doubt on the mind of any one to which class it be. longs. "The title proclaims it to be an act for the benefit of insolvent debtors, and their creditors."The first section gives power to the insolvent himself, who is imprisoned on any civil process issuing under the authority of this state, to present the petition to a proper officer, praying that his estate may be assigned and he discharged from his debts. The residue of the act is principally made up of directions as to the proceedings which are to be observed after the presenting of such petition, until the final discharge of the debtor, all of which differ greatly from the proceedings which take place on the issuing of a commission of bankruptcy. The 1st. That the the statute of New-York, under fourth section declares that such "discharge shall which it was obtained, is a bankrupt law, and as extend to all debts due from him at the time of the such is void for its repugtancy to the constitution assignment, or contracted for before that time, of the United States; and this position is supported though payable afterwards." If this be not an inby the broad assertion that every law which dissolvent law, the court is at a loss to say to what act charges the person and property, as well future, as in this appellation can apply. The plaintiffs' counsel in support of the verdict, say, that the discharge which was given in evidence can be no bar to the action. They contend, posession of the debtor, is a bankrupt law. But to The opinion which has been expressed on this this difinition the court does not assent, for this point would seem to preclude the necessity of enwould be to confound at once almost all the distinc-quiring how far this law interferes with the authotions between these laws, which have been known rity given to congress to "establish uniform laws on and recognized in England, from which country the subject of bankruptcies"-but, as the view we borrow the term, from the first introduction of which has been taken of the act of this state may the system there, in the reign of Henry the eighth, be thought incorrect, the court has no objection to down to the present time: distinctions which must consider it, as though it were a bankrupt law. have been familiar to many of the members of the The power to pass laws of this character, it is convention that made the constitution. It is not said, is exclusively vested in congress, and whether because these laws may, in some respects, produce they exercise it or not, no state can have a bankrupt the same effects, that they are not to be distin- law of its own. As a consolidation of the different guished from each other. In England the bankrupt states into one national sovereignty was neither efsystem has been confined exclusively to traders and fected, nor intended to be effected by the constituCreditors of traders; whereas the insolvent laws of tion, it has always been conceded that the state this country embrace every class of debtors. It is governments retained so much of the power, which of no importance whether the debt has been con- they before had, as was not by that instrument extracted in the way of trade or not, for a person to clusively delegated to the United States. It is now come within the purview of an insolvent law. So ex-indeed one of the amendments to the constitution, clusively have bankrupt laws operated on traders, that the powers not granted to the United States by that it may well be doubted whether an act of con- the constitution, nor prohibited by it to the states, gress subjecting to such a law every description of are reserved to the states respectively or to the peopersons within the United States, would comport ple. It is agreed that such exclusive alienation of with the spirit of the powers vested in them in re-state sovereignty can only exist in three caseslation to this subject. Bat it is not only in the per- where, by its terms, it is so-or where a power is con ferred on the federal government, and the states nience to which it might subject some of the states, are prohibited from exercising a similar authority by imposing upon them as citizens, obnoxious fr -or where an authority is granted to the former, to reigners, who might become naturalized in anothe which the exercise of a like power on the part of state, without any previous residence, or without the different states would be absolutely and total-any regard to character, by the mere formality of ly contradictory and repugnant. It is not pretend-taking an oath of allegiance. ed that the grant of the power under considera-] If the argument ab inconvenienti applies to the tion is exclusive in its terms-or that there is an case of naturalization, it has no bearing on that of express prohibition on the states from exercising bankruptcy; for, in this case, each state would be a like authority-but it is supposed that such exer-legislating principally for its own citizens, and cise would be so totally inconsistent with the one other states could not be injured by any system it granted to the government of the union, as to be might adopt. But this construction, even in the necessarily comprehended in the third class of ex-case of naturalization, where the argument in favor clusive delegaton. If it be really so, that the pas-of an exclusive power is much stronger than in that sing of a bankrupt law by a state, to operate, as it of bankruptcy, has not only been strongly contronecessarily must, within its own limits, be absolute-verted, but is opposed by a judicial decision entitTy incompatible with the power vested in congress, led to no little respect It is the case of Collet it would be conteded at once, that such an act and Collet, in the circuit court of Pennsylvania, in would amount to a violation of the constitution of which the three judges, one of whom had been a the United States and be void. Let us see whether member of the federal convention, decided, after the consel have succeeded in establishing this po-solemn argument, that the federal states still enjoy a concurrent right with congress on this subject, sition. It must be allowed by all, that at the time of "which, however, cannnot, they say, be exercised making the constitution, each state had a right to so as to contravene any rule which congress, in pass insolvent and bankrupt laws. As it was desir- their wisdom, may establish." The most strenuous able, in a country so extensive as the United States, advocates for the exclusive exercise of every unand every part of which was more or less commer-qualified power granted to the general government, cial, that the laws relating to bankrupts should be seem not unwilling to admit the se veral states a uniform, so also it was an object of great impor-participation of such power, if it can be exerted tance that none of the larger commercial states consistently with, or without derogating from the should at any time be without some code on this express grant to congress. It has not been shown subject. A system of the first kind, that is one how a bankrupt act, passed by a particular state, which should be uniform throughout the union, can interfere with the exercise of a power residing could not well be brought about but by delegating elsewhere, to promulgate a uniform law for all the the power of rendering it so to congress. Great states. If similar powers had been granted to the difficulties however would lay in the way of a sta government of the union, respectiug the descent of tute, whose provisions should pervade the United real estates, the recording of deeds or the celebraStates; and as these must have been foreseen, the tion of marriages-will it be said that the several states might be willing and desirous of retaining states must have remained without any laws to go. the right of passing laws of this nature until convern the transmission of landed property, or that gress could agree on a general plan. Nor can the no deed could be acknowledged or recorded, nor a court perceive any contradiction, absurdity or re- valid marriage solemnized, although congress pugnancy in these several powers existing at the might for years omit to prescribe rules on these subsame time in the general and in the state govern-jects? The object of this grant could have been ments-in such subordination however, that the no other than to place some where a power to corexercise of the authority vested in the former rect the mischiefs which might arise from the dif should, for the time, suspend all exercise of the ferent states passing on the same subject, not only power which resided in the latter, and operate as dissimilar laws, but such as might be unequal in a repeal of any laws which might have been pre- their operation on the citizens of other states. This viously passed by the several states. It is an un-end of the grant will be sufficiently and effectually form rule which congress are to prercribe. But if attained if, when the evil arises, congress bring inthey furnish none, how is it an interference for to action the authority vested in them. From each state to legislate for itself? Neither the terms them only can a uniform system emanate; but sys. nor spirit of the instrument are thus disturbed. It tems, greatly varying it is true, all of which, howseems designedly to have been left optional with ever, may be salutary, may be established without the general government to exercise this power, any derogation from or interference with a right that if he embarrassments which lay in the way residing elsewhere to introduce uniformity on the were insurmountable or very great, they might omit same subject. Nay, from these very provisions, to do it, and thus leave the states to take care of however discordant, might be selected materials themselves. If it had been intended immediately for the one which it was committed to the general to divest the states of all power on this subject, government to form. Neither can the passing of and to compel congress to act, the terms of the ar- such laws by the states be regarded as a resumpticles would have been much more imperative than tion of power by them, in which case, it is said, we find them, and probably it would have been they should produce an express grant of it. This accompanied with a prohibition on the states. No argument proceeds on the presumption of a previous writer on this part of the constitution has gone far-relinquishment on the part of the states of all right ther than to say that the power of naturalization is to interfere in this matter, and is thus taking for exclusive because if congress have a right to or- granted what is the whole question in controversy; dain a general rule, the states can have no right to for unless such transfer has been made, which is prescribe a distinct rule. This construction is sup-not admitted, no reassignment of it by the general posed to follow, not from any inconsistency there government can be necessary. No court of the U. would be in each state passing a naturalization act States will be suspected of feeling any disposition for itself, if congress did not bring into action the to countenance encroachments by the state legisla power delegated to them, but from the inconve- ture on the legitimate authority of the government. |