Newspapers / The Weekly Raleigh Register … / Jan. 27, 1806, edition 1 / Page 1
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f 1" AND HortK-GarolinaL State Sazette (A - i V . . i- Ouri i9 tlil f Iaof falrdelightFal f cace Monday, January 27 1806, IT State of, North-CaroUna Edenton uisirit -j - - ncrior CbWtof Law & Equity, SBF Ocfrmh, 1805. n Vion, dec: xomplatnant, 1 James Clasgow. defendant. In Equity. , ' rrr nfendant in the above Caue having Uiirajoapi ,a . r.nmnla.inants Bill of Com x JUDGE POTTERS CHARGE. Concluded from our last. I r?! hem nMtuf: that unless he KS?AlnmDW,t: oifotfo-rethe fint day Comnlainants Bill ffte d beingkadetapaf toihe sa feti tri cfimtfttait the said James nltrow Uaninnaouaui vr. ----- heretcre and uu &'rftoriet oflhtonvat thecourt-house in the ton otaem n . ef!Apraiiet; at wicsaro oa -.v.. be taken pro confesso, and set foi heitmg 4rte. 'And it is further ordered, that it Clerk and Master this Court do cause this order to be pun &ntra in me "'6 11 Register for the space two months suc tessively; - that the said Defendant may Kae -notice hereof. B!ori!!er ALEX MILLEN. C &M E.E D I think the convention did not intend all this I thinkftheir words will not warrant 'such an exposition. And if they neither expressed it nor in. tended to express itj there is.no ground even for tmplicatidb; But the true consiruction pt tne aain section oi ie oui oi mgn s i Ke to oe tms : Thelwprd ieingti in the (irst clause, is equivleiit to theSvcfrtl .is and to sunsuiuie tnc laiicr, me ausc yuuiu icau ijius i " i j pjopery oi lie ment. And, in a declaration oi rights, it enough can be collected from the words y to ascertain that the 'makers of the instrument considered the people possessed of a right, it is the same as though they had declared it in ex press terms. ' What il'tfiisT right ? I call jthe right of domain. And that right which is ve,sttd in the people bv a substqutnt pan ot the section, to be held itsovert;inty,j I c$ltkppir- 4 The domain (says Vattel) is that right in virtue of which Uie?iilon Atone may Use the ccuntrv for the suribfv of TAT ' Fof Sale ... , very Valuable tract r LAND, ; tw thi ITATI OF J'EJl NCSSKE . WHich was grunted by .the state oi r rrth.rrnlina.toGen fetlu-oSumm nconsideration of hiamititary services, it gom- teifls 10,000 Acres, OU hereabout, free fron dtipute of any kind, cmtra:s the. head wa ters of Big Harpath, 14I Cree. k, Arring tnn's Creek and StUartVCreek, and iu)i equat f ot superior;in fertility,toany othei Tract of equal extent within 4lie Military Bcuudarses. Laid conveniently situated iu, thistate, or Propeny of almost any other kind, will be received ; in Pay ment. , Orw lne-third of the value is paid down in (.ash, iconvenienr.Ciiedit.wiU.be given for the re mainder, the purchaser giving Bond bearing interest frontt the jdate paj able nnuadl with approvelScurity; : - Persons disposed to pRrcnase, may lear the Price, and be. more particularly inform edofthe conditions, by applying to Thomas Blount, at this place, or to Willie Blount rJohnStrothtr, ar or near Nashville. Thomas Blount. ; Thos. E. Sumriers. Tarborou?h, N. C May 2. 1805 A HOUSE FOR SALE In Ralrigh. pHAT large and convenient two 1 story HOUbE, handsomely srtuated or Hillsborough-street, within a hundred aids of the State House, occupied by J-eph Ross, with the Lot and ; Appurtenance thereto belonging will be disposed of on reasonable terms. There, are thre . good Rooms t below Staus, and three aboe, with Fire-places to each, " , There is a largt'Gardea, we'l fenced, and a good Well in the Yard, courbed with Stone; and the House has been recently painted and put in complete repair. Also, with the House or separate, cn unimproved LOTS in the rear of tfce abovif Premises. J ' f? The terms of Sale may be known on ap plication to Joseph Ross in Raleigh, or to Andrew Fleming in Halifax. its necessities, and m&yilispose of it iii such a manner, and derive from it; such adv-mtages,. as it thinks proper. The empire, is the right of sove- itrictly private rights which had been lawfully acquired, this proviso vasp leemed necessarv. v - v .' i v. ' ,'" hJ , K To make the common cause, in which the State was then warftilvn gaged, as popular as possible, was the first care of our infant cabinet ; :t'67 mv cuu, cTciy measure was pursucu wuitu icnueu . iu yx ine wavennjC -ta reform the xiisaffected; and to bring over as tnaV as Possible to; otiH standard. Pursuing thjs policyy and t ting; that a general destruction rift .: muiviauai rignis wouicijoniy serve to imtate an aireaciy relentless toe, ana add strength to his arms, the convention thought it experjienttt except 'alt itidividuaj private rights lawlnlly acquired. -But, in duing thisj I cannot suppose 4heV intended tn save sue ha right as the plaint iff . V t 'r For the better understanding of this proviso, . let us divide it into' three' branches. ' 1st. it preserves the "rich of 'inUividuals. hbldihif wrdaimhY?f under the laws heretofore in force. The me aiding ofrthis branch is,"tF,at J all the lands which had been appropriated by individuals should remain d ( of individuals, sanctioned in -anv maimer or deree'l)V5former "lawSi whctlj . J'l v.-w MVV H4llHWI1J W t ' UIIIV4 TMmV atJIUlU 1 I- 11 'f4.ll, totally unaffected, in the same manner as though no such bill of rights hVclj been declared. 2dly. K preserves th' rights of individuals, hoIdittj v : claiming under grants heretofore made by the- late King George' iilf pi his predecessors. The sense of this branch appears to be this .that thesi titles should take their course and be held as valid as they Were-before . , t .i.'.i. .vt..: ! i reign communa, Dy wmcn tue wuuon orceins ana regulates at its pitasure, ,lPHr,rtmn. r.i whrnrtin th nrnn .mr tVfc.Sn;'vt&i every thmghat passes m a country. If many f. ec utmihes (says spread ? hM or ctaimcd had lost all sovereignty and territorial rieht.. 3dlv;' -ft over an independent country, come to unite, State, , they ail inhabit tor FOR SALE, THE EAGLE TAVERN, in the Town of Halifax, now in the posses sion of Mr Joshua Hopkins. The House is commodious, having a good dining-room and a number of bed-chambers, a good kit-, chen a neat Shop on the corner of the lot, a large Garden, 8c The. terms will be moderate, and made known by applying to F. X Martin, New hern, Jcseph Ross, Raleigh, or t ie Sub sctabers in Halifax. - Payments will be made convenient to the Purchaser. If not xM before the first of January, it will In tented lor pne or more year or years. ' Aiidretu Fleming & Co. Halifax, Nov. 18.- RIDING CHAIRS, he, 'J'rIE SubHcriber, living in i Raleigh one quarter of a mile from the Market 1 use on Harget-street,respectfidly informe i AeCitizeril' of Raleigh id its Vicinity, at he has lately commenced tre Riding J nd Windsor Chair making Business, and I Js now ready to undertake any thing in that j I'ne. He trusts from- his particular atten- Jion to, atd faithful. performance of What . e underiaties, to merit public: Patronage. , WESLEY WH1TAKEK, ! Uec. 20, 1805. ..; ; I together posses the empire oviir the whole; country they they already possess, each Tor himself, the, domain. Sec." ;lu another plac, he says, 44 the right which belonged to the sot iety or to the" sovereign, of disposing incase of necessity, and for the public safety, of all the '..wealth contained m the State,- is called the a.tnent domain" Again he says, 44 the domain of the nation extends to every thing it possesses by a justtjite ; it comprehends its ancient and original possessions, and all its acquisitions made by means just in themselves, or received as' such bjyr nations V concessions, put chases, conquests made in a war carried on in form, &c. And by its possessions we ought not only to understand its lands, but a 1 the rights it enjoys. The general domain of the- nation over the lands it inhabits, is naturally Connected wit the empire. The uf ful doma'n, or the- domain reduced to the t ights that may belong to a particu lar person in the State, mav be separated from the empire." Thus we see, that bymt-'rr MdJov.r ignty ..is meant authority, juridi8ionaicmiriand. 1 nat by domain, we are to understand, Ine posstssio i bt wcuUh and the enjoyment thereof. And that domain in its usual sense, as susceptible of a divi-ion eminent domain, being-the right of disposing of all the wealth contained" hi the State, Sec. is na Ura'Jy connected with the empire : And uffitl domain, being that which is reduced to the rights that may belong to a particular person iu the btale, is capable ot a separation from the empire. ; -After vesting the domain .pf the oil or wealth of the State in thf colleo .tive bbdy of the people, to the n c flary exclusion of oth ers, the convt n lion -goes on ,to fix the boundaries of the State, within which that rigiit sbuutd he held and enjoyed B t having vested the domain of the soil, something more was necessaryi ; tnerefoic, tney say, k all the territorieb, seas, wafers ai.d harbours, with their appurtenances, lvma:, Sec. are the right and 'property of the people of this State, to be held by them in sove reignty." This clause net on'y adds to the domain already vested, all the seas; waters and hatbours, but it also vests the fover in Command of the Stale in the people. - It appears to me, that the convention (be&icies ascer taining the limits of the State) had three objects in view one was to se cure to the people he absolute sovereignty of the State, another was, tp guard against all tisuipation of individtruls, and to compel tlfem to hold their kinds of the State; and the third was, to exclude all hut the mem brrs of that collective body from holding or terijoyirtg Ute property of the soil. The latter object is perceived in the expression of the first clause ; and I think the convention must have had their eye upon the subject of ali enage, a subject familiar to them, and next to sovereignty, one of tht most important in a free state. I am the mere cohviheed-of this, when I consider the last saving clause in the section. Tu what end, I would ask. could they introduce that clause, were it not. to let in a certain description of aliens and foreigners who were excluded in the foregoing part of the section? The very exception proves their exclusion, and-shews the sense in which the convention intended to be understood by'tht property of the foiL Next follows the first proviso, in these wprds s 44 Ptpvidud al vviiyK, that thi declaration of right shall not prejudge any nation or nationi of Indi ans from enjoying such hunttng grounds as may havti been, or Hereafter ; shaU be secured lo tin ut by any tormer or tuture legislature o.f tnis State." This proviso Was thought necessary? because the. Indians were rot consi dered as of the collective body of the people, and were therefore excluded from enj' ying any privileges touching the sil, ty xin first clause in the section, as were all aliens. The. second proviso is in tlese words : 44 And provided also, that it 'shall not be construed so as to prjivent the establish ment of pne Or more governments westward of this State, by consent of the legislature." This proviso was thought necessary, because as tjhe limits of the State weiV fixed by a conventioa, for that and other extraordinary purposes, no future legislature, convened for ordinary purposes, would possess the power of dimtmshing the bounds or altering Uie demarkat ion , by erecting a new State ; and tKey saw that ere long si ch. thing would probably take place : The extent of territory was very g'eat, and a natural barrier dividing, as it were, the Western from the easten part of the State, would always obstruct that mutual access arid free inte -coarse, sdneces sary in the same government, and within the jurisdictl n of the same le gislaiive body. The third and last proviso is in fhese oids, 44 And pro vided lurther, that nothing herein contained hall affect tlie titles or pos sessions of individual holding or claiming under the aws heretofore in force, or grants heretofore made by the late King Georg: the third, or his. predecessors, or ;he late Lords Proprietors, or any of i lem," JHere the convention speaks of 'individual rights, as contradistihgi shed frdm sove rcin power. And ?w)ience the necessity for saving ind. idual rights MM was intended, in the body of the section, to destroy (c rights only 4X The convention, in fant, supposed they had destroyed d;Lrights,,whetner public or private, except those of the people who comp sed the collective. ani tnnr pvf.rv.nerson or ocrsuus tuu tn-s w nw siiia , y bpdy of their ovh St ate.';f Cot, thinking, thai justice., picx and the;faithjt ,n the office of the late Earl Granville OT in the late pnblic aM'p&cei.paJ eretoure made any entry or entries, or wno, since wac ucm ua uie i and dignity of the State "demanded the prgtcctioa36f U : individual And preserves the rights of- iudividuais, holding or claiming under the1at liOrds Proprietors, ?or any rjf them. l.h is branch was added for the sarr.t reason that the second was, considering the Lords' Proprietors" possesstU of pi-erogative power and privileges; and it hews to6, that if Loid Gran ville's right had been preserved,t those holding by griSht under him won! have been protected by the provisions or the stcond braricht As to hint therefore, this branch would, in that case, have been useless. And asthi expression goes to the Lords Proprietors, or any of th- as by far. tin greatest number oi grants were issued by the Lurl Granville, and as V was, notwithstanding his relinquishment to King George H, called and un derstood to be a Lord Proprietor, and did in fact possessj notDhly the riaH of subinfeudation and of escheat, but many prerogatives and extfao dinarV privileges, and had regularly kept up his office for granting out the'fancip in his district, with the reservation of quit rents, I.carin6t believe thatJie); was intended to be left out of the list of Lords Proprietors. .11 infer; ih'eri tore, that he was not intended as one of those inditiduah thentiohed in. tlTe) ' last nmvivn. This rnnsfrisr.t ion. a& I foncp'vp. nrivp minn .n.n;C7.v . . 7 r - J f - ...vn,. KUU tency to every part of the section ; and a true exposition neverpermifaliriM pan oi a statute to oe stienr, n it can oe made to speak , rJ.;".; . ; .V Again, there are several rules applicable to this sectioftl' whick tettd'-tft confirm the construction I have put upon it. ' It is a rule of construction- that a statute which is made for the good of the public," ought,; although! ii ue penai, 10 hccivc su. equuause construction ; ano. ii tiie iWDfus arc tty scut e, they shall, for-the same reason, be expounded" most strongly fo the pubfic good. In some cases, the letter of ah act is restrained by ai equitable construction ; in others ic is enlarged V and in others, ''the con sttuction is contrary to the letter-it is said to be within ' themeanirig( btv cair.se it is within the mischief. And m order to 'torm'Yight:judgWehl whether a case le within the equity of a statute, t i& a good . way tr6Upr p se tne jaw-maK.er present, ano tnai you ivive asKeci Dim' tnis question! u u y uu iikciiu io vuiuji cnciiu una v,ac i ivi yuu muSl glVC' yOutSeTt V such an answer as you imagine he, being an upright and reasonable marv woidd have done. would have done. - ( ' ' - ' ' r i j, I would not be understood to express a desire ;(as I -feernotte) to strait)' the rules of construction ; because such a desire would beintemperaieancl Hie expression of it highly improper ; and because I think the prve?lcase needs no such subterfuge. On this account,' I do hot set up the e'quitv'of . ft . . tins section against tne letter ; nut ii- triey concur, tne equity very- mucx aids the letter. Now if the question had1 beeiv pMit; according to the l of construction just mentioned, I do believe that every riiember of the cOnJ vention would have said, they imended.to destroy the right'bf tjiis'plairift V tiff. I think so, because it was reasonable and highly;proper in itself, arjffl; " because such has been the general understanding in (this S'.ate cver sin . I 1 t ' f L . ' . - ;,.'.4'i. .. - l - 5- Anothei ride is, that if a statute be penned In duhiousterrnsy and the meaning of words, spoken or written, ought to be 'allowed as It hasK constantly oeen inxen to oe. yvs lar as tnere n,s nee n, any. usage m tnis case, it has favoured the construction JL haver given. These lands havVbien granted by 'the State ; therefore, thelegislature thou ght the!aintifTs right) divested. Many recoveries have been had in Ejectment, upon the evidence of such titles, and no defendant cvei thought prjpper to question the ; vali' dity of such grants; and the Courts, instead of calling the pIaimiflV: if Jmv ; nau not macie out a tine m nimseu against tne vvnie vrorldf have suuered these recoveries to be had. . This is evidence hat the courts and lawvers ' ii tSi SraJf dirt nut hlrVft that itiirh dfirnr.i was. ln ilit'." . !. i f 1 Another rule is this, uvreat regard ought, in construing a statute, to be? paid to thie construction which the Sages of' Law , whollived' aboutMht4 time, or soon after it was made, tput upon ib because thev. wer the best;; able (em to ludge.of the intention. ot the. makers 1 and it is a taaxim that cott'tf bor&nia; exSbnti est 'fortiffmdwltec. ' 1 ' v v: y.: Though there was" no exposition given of this bill of lights, soon1 after f "; it wasxnade. bv the courts of this State yet w know that some of :t hi Sasres of Law who lived. at that timeii are yet living,' tnd'that thev enfer?i!-' V 1 K . r J - ..p I. ' - i . .. i nirii.s. ouiuc icuiu.uw 9.ivuiu fa.u vLiijtuu uiinc lefTIS VA meiWHin part, who declared tlie biiljof tights; The legislature,' verjr soSt.:? uer inc C.OTiBiuuuuii,is wriiicu) wpeucti uv.w im i-cijh queries oi ; i clairm for lands, and declared, that any citizen might cnter.vritn the entrv taker of anvcounty within. the-State (as vrell within toe liartGranvilUeXHi-v district as eisewnere; a.ciaira ior anv inos iymg uwi wyuuiy, wmcn.naa , hot been granted by the Crown of 6re.rtBritain;. bf Cilinaor any ot them, in fee, before Hie . 4th tdatr bf Jafy.lt 776? w wnici 'haa accruea or axiouiu accrue io un owie, uy j v.-4icii 1 .51 S3I3
The Weekly Raleigh Register (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Jan. 27, 1806, edition 1
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