The enquirer — Richmond, Va., 1810-12-04 00:00:00, page 4

ROR 7 HR M t'TQUJRER.
THE LAW AGAINST DUELLING
Court of dipfiealm, Ar<n>ember 16,1810.
TUCKER—J.
On a former day of this term, Mr. Leigh, a
geml.-nivu, vrhti ha* practised as an attorney and
couneel for several yean in the district courts,
Bounty courts, ami court of chancery, made a mo
tion to be permitted to practise in tuis court » a
out at ion was propounded, whether he must take
the oath present uni by the act of the last session
lbrU>« suppression of duelling 1 was of opinion,
that I* could not be permitted 1« practise i this
tour*, without taking that oath My opinion was
founded upon these principles s that an attorney
at law » a public officer ; that his licence is only
an inchoate step to - ilice ; that he becomes an
*»?r m -l*,a* only, in which Ire qualifies as
tlie law directs ; that his admission to practise in
«»e court, does not audio rise him to practise in a
ay other court, without the perinission of such
other court. and taking the same oaths therein as
M he had never been permitted to practise in any
91 her t That such an admission was equivalent to
an appointment, inasmuch as he tlicreby become*
an officer of that particular court: that the poll,
cy til toe act for slftprrssmir ilncllmcr art-nJ.J
to well to rare* officers, as to any aiAer officer un
der this common wealth.
I have attended to the arguments which have
Been since ottered by Mr. Leigh, in opposition to
tnat opinion, and have examined such of the au
thorrtlira cited by him as 1 could get access to —
Hurst a case, Kaym 56,94. which is the same
??7 lHtr- 75' 1 L,d 94’ 1 349,354,
* a 5„i bi5, not to ,nc,dion the authority of
Judge blackvtone.3 Com. 26, clearly proves, that
*!' *n »ttoruey at law is considered as a
pvMc officer ; otherwise, n mandamut would not
lie to restore him The whole context of our act
concerning counsel and attornies at law. between
Wh >m there is no distinction in this country,
pruves the same thing to my apprenension. They
are subject to penalties to which jio private citi
sten coul possibly be subjected Let a single, ex
ample suffice—The lawyers practising m the in
feinor courts may demand tor an opinion or advice.
wii t-re no ouu is brought or prosecuted or dr fen
t eu by tlit attorney giving such advice* hut not
Sdi'aSS °'!,e<iol arandseven cents ; those
m die general court three dollars fifty eight cents
Ibr ad. ict under the same restriction. And eve
ty h wyer, exacting, taking, receiving or detmn
diijg my greater fee, or other reward, is subjec
ted to an heavy penalty. Under what colour or
pretext, cou.d the legislature impose a penalty
•n any other than a pnbltc officer} f ir demanding
receiving an hundred or a thousand dollar*
fnr oU,er 5Um, whatever, tor giving his advice
to any person willing to pay for it ?
Itw of aa allo,ney or counsel at
taw. be apnb'u ffi u must oe ,.n office or place
't/nder the commonwealth ; which hri- K* it vn.hm
tbv vvordsofthcact. It matters nofby whS
the appoin.ment may be conferred, or in what
manner the investiture is mailt i whether the le
gislature, the executive or the court appoint* or
admit* to an office, the office or place is held or
exercised under the authority of the
^VCJtlUl. -
9j" *5j® P°mlof unconstitutionality, 1 never have
doubted, nor ever shall controvert the power ot
SiiMfSfV0■C?ns',der *nd de®ide, whether any
act Of the legislature be contrary to the constitu
twn of the state, or of the U. S. or otherwise—
My reasous and opinions on this subject have
long been before the pub.ie I shall not therefore
m iBUw I1** Piesent occasion, I have
bot ielt, nor do I feel, the smallest doubt of the
constitutionality of the act in question ; tlie ob
ject of which appears to me, the prevention of a
great moral and growing ev il j and the provisions
it. so tar as 1 have had occasion to consider
them, well calculated to advance the benefit of
society, and suppress the evil
. *thetclore feel no reason to depart, from the o
piuton which Ilirst delivered, that the oath pre
scribed by that act must oe taken by every gen
tleman, who may wish to practice in thh. court,
previous to bis admission.
IIOAHE, J.
I had seen cause to doubt of the correctness
of the sudden and off-handed opinion given m
this case, lonj; be fort 1 had heard Mr* Leigh’s
argument. That Opinion was formed and deli
vered upon an insulated view of the subject, and
under circutnstanc- s wliich precluded a due
consideration of the question. I shall ever deem
it more honorable, as it is, undouhiedly, more
Useful, to retract than to adhere to an hasty
or incorrect opinion
t An attorney is defined to be, one who is set in
the place of another, and he is either public, as an
attorney at law, or private, as being delegated to
bcl lor another, in private contracts or agTrtmcnts
(1 Bac ‘JV7, Co. Litt. 52 ) With respect to these
public attornies, or attornies at law, in order to
ensure a due degree of probity and knowledge in
their profession, so indispcnsibl to persons act
5ng in that character, none are permittedto act as
such, but those who are allowed by the judges
to be skilled in the Uw, and certified hy ihe court
cf the county of their residence, to be persona of
honesty, probity and good demeanor. As a fur
ther guard against improper practices in their
profession, they are required to take the oath
prescribed by the act upon this subject. Hut for
the injury arising t<> the public, in general, from
the want of skill in the profession, and the dinger
c4‘ abuses on the part of persons whose professi
on peculiarly enables them thereto, no legislative
interference would be necessary to distinguish
tlu.se public attornies from the private attornies
before mentioned ; nor, oil any other ground,
•would it be just to abridge the general right of
- —’I • J •••-j I'V. avii
fcR their attorney, at their pleasure. Hiving ob
tained the sanction ofthusa two tribuna Is, touch
ing tluse two particulars, ;m attorney is licensed
or aliovxd to practice ; and the courts have also
e continuing control over them, with power to re*
volte their licenses for unworthy prariices or be- '
baviour s But the licensing judges cannot be said i
to * eleci* or * appoint* an attorney : He can, per- '
taps, only be sain to be • appointed,* by the par- '■
ticular clients, who, after he is licensed, may se j
▼< rally employ him This result is entirely jus
tified by a view of the act 'concerning alt u nits
at law and counsel,* 1 llev. Code 96, in whicn
these functionaries are no where Slid to he' elec- !
ted' or ‘ appointed,’ either by the government or
the licensing judges, nor are their functions any
where called or designated as ‘offices’ in the act,
except in the foim of the oath prescribed to be
taken; and even there, that term may well be
taken in a general and extended iiem»c, as synony
mous with ' duty .’ The act, it is true, prescribes
aa oath to be taken as aforesaid, previous to being
allowed to practise; but that can only be consi
dered as 1 have before saij, us an additional se
curity for the good conduct of the jrttorne y* it i
would be tot* much to say, that tins single circum
stance of precaution, (anymore than those of
the license and certificate ««» lira county court be
fore mentioned,) shall exalt that functionary into
an * officer,’ when hr is neither said in the Ira to
be * appointed* to any office, nor to hold any office,
and when he receives no ssjary or emolument,
except the feet which individual citizens may*
pl»* ,se u> give him. 11 this single circummance
should be construed to hare that effect, it ought
be equally argued to have a similar effect, in rcU
Hon *•» jurors, or olhei s wbt> are obliged to incur
the obligation of a similar sanction, before they
are permitted to ofucialt*.
\t is imt Tiir-xi). iy, in thi»case, to consider
V'l.i ' •*, ainl in vvhat drgroe auwrnioo are coiiai
•»* V‘l »•» this tMi.tr iy (A* llxy arc in t. igia.MJ,)
of** s yf tf.etr recreate Courts tiio.ig i it i.
i-srv in ►* an attorney, in tin.* Com .tty, not
o*. i»»*'■; ftimthg'.s as tbe L'flwit sttOi>
oiea, 1ft coaslStnlioB of which, that character u <
there boklrn to attach, a difference may probably
e*»at in this country, in thit particular ; n«»r is it
necessary to consider the operation of the act, as
relative to the attorney general and Ilia depmtiee,
a**d other attornies for the common wealth, who
are all « elected* and • appointed* to their Several
-'ffices, and receive an annual salary for their ser
vice* Even admitting, therefore, that attornies
are, in some sense, ami in some degree, officers
of their seveial courts, as they are held to be in
England, the question still recurs, are they offi
cers within the meaning of the set to suppress
duelling ?
However laudablo the object of the set to
suppress duelling may be, it is still a highly pc
n<U law, and mast be construed strictly —It
is unusually penal, if not tyrannical, in compel
ling a person to stipulate upon oath, by the 31.
section, not only in relation to his past conduct,
and present resolution, but also for the future
stare of his mind and his future conduct, with
respect to the ofT-'iicein question, under all pos*
sible circumstances {astipulation which many
conscientious persons, however prepared to take ;
the oath, as it regards the time present, might
well hesitate to enter into—Thus premising
that this act is highly and unusually penal, I will
under the influence of the rules for construing
penal statutes, proceed to apply it to the case be
Jore us ■■
In making a construction upon this act, we
must have an eye to every part of it we
must particularly have reference to the 2d sec
tion as well as the 31 they both relate to precise
ly the tame offence, (the giving or accepting a
challenge,)and go to the disability of the eume
persons only ;— t’hey differ only tn this, that
the last clause goes beyond the former, in requir
ing a pledge that the persons therein content
plated will never, tn future to engaged in duel
Img
The 2d section declares that a person accept
mg a challenge, &c. ‘ shall be incapable of holding
or being ‘ elected' to any post of profit, uusi or
emolument evil or military, under the government
of ihte cotnmenvx alth ’ It relates as a elf to per
sons nov: in .ffic.e, as to those to be elected there- I
to, and we are to construe those of the former I
class, designated under the term * holding,’ as
standing on a common foundation with the latter, I
*• e that the former must have been elected, as
well as that the letter mas , of necessity, bce.Ve
ted. This part of the clause, in both its branch
es, excludes attornies at law, who. I have endea
voted to hew, are neither * elected* nor • appoin
ted’ to office, but are merely permitted to prac
tise, by those who are constituted t»y law judges
of their character and qualifications respectively.
Again, this clause only extends to th >se who hold
a post of profit, of trust or emolument, evil or |
military, under the gov't of the ccmmoMBcalth.’
Admitting, (Which is the m >si that can be
granted,) that attornies are to be considered as
officers .they are only considered, even in
>'ia‘ u» as 1 n»vc Detoresaid, us officers of their
respective courts (l B.ic 287)-'hey donotlbere
lore come up to the desideratum of this act ;_
t i< V are not -Riccis under the government of the
commonwealth.—There is no just ground on
we can erect, by impl.cation or construc
t'°"»1,n,j»governmental officers, those who, in
England, arc not exalted to that character, and
who, m the only books and doctrines handed to
us on the subject from that country, are held, at
most, to b<» mere subordinate officers of their
re*pective courts—But, if attornies could be even
considered as officers of the Government, they
do not bold an office of profit or emolument under
the government ; (or, in other words, * lucrative
TrfV)“°tl,erw.,8e lhey w°uld b*ve beenexctu
j ded from a seat in the Legislature by the provi
sions of the constitution which lias never been
j done nor attempted in relation to mere attornies,
; ho wever it may be as to those who are “ appoin
ted to prosecute for the commonwealth *nd rc
! ceive a sal -iy therefor —— This secu .n, there
, tore, '■elating only to persons “ elected” to of
j "ce, winch attornies >re not ; to persons who
, are officers under the government of the common
wealth.- in which predu-.ainsn; attornies d . «v»u
stand ; or to pci sons holding lucrative offices
I which has never been considered as being the si.
tuation of mere attornies at law ; however
| gainful their practice may be—does not extend
, to pert ins of that character.
The phraseology of the 3 i section varies, some
what from that of the 2d s but it id nnly a
tion in words, not in substance-The" office or
place winch it contemplates is one wliich equal
ly require* an “ appointment ,*» and -> to it an
otnee or place 44 tinder the contmenwe a It A,n md
not under an individual court of jmttcc.—
These criteria exclude attornies at law, as Coin
pletely as those contained in the former clause
under a varied form of expression —In addition
to this, the words of the oath itself prescribed
by this clause, “ during my continuance in of.
nee, seem to indicate those public offices which
are held by commission or appointment, and are
, wont and proper to be resigned * they do not na
turally apply to a function wnich is never re- i
signed or f .mully given up, which it is the right
of one citizen to exercise at the request and for
the benefit of another, and in respect to wliich
the regulating liaml of the legislature has only in- '
terposed, fur the salutury purposes before men* <
tinned.
*...» tui.uirucuon of tne duelling act in this
particul .r is both supported, as aforesaid, by the
coten.porsiieous and continued construction r>y
both houses of assembly, admitting attornies to
a scat in the legislature, notwithstanding the
provision* of the 14' h section of the constitution I
* xcludmg therefrom those who hold lucrative'
onices ; and by the construction upon the act of1
I He 177H cl,. 37, (1 Rev Code p 40) and that!
o. January 1/99(1 Rev. Code 8J2) disabling
cert un officers ol tiie general government from
holding offices under the government of this
commonwealth. By the last of those acts, it is !
enacted, that all persons holding or accepting
•my office or place, or any commission or ap
pomtiueul vihattoever, civil or military, un ie s
the authority of the United States, whether aov
pay or emolument be attached thereto, or not*
shall he “ incapable of being elected to,or of hold
ing any office legislative, executive or judicial
04 any other office, place or appointment »! 'trust
or profit, und, r the governm nt of this common
wealth. Ahho'these words a<e undmnteJly
as extensive as those occurring in the duelling
law now before us, it has never been pretended
( illho, it attornies when they practise in the state
courts thereby become offi ers of the common
Wealth, they equally become offi ers of the gem
ralgov’t when they practice in the federal courts)
that the attornies practising in the lot ter courts
cannot also practice in the former. On the con
trary, the sanction of this court, as well as of all
the other courts in the commonwealth, lias been
given to this permission 5 and thus, a construe
t on lias been univtrtal, in this country, in cases
entirely analogous to the one before us ; which
as well as those mentioned by Mr. Leigh, upon
analogous cases in England, comple ely settls
the present question. My opinion, therefore, is
that a m-re attorney at law, or counsel, is under
no obligation to take the oath in question, previ
ous to his being admitted to practise in the courts
of this commnowealth.
Ah to the question of the constitutions! ty of
the act to suppress duelling, the foregoing view
of the cate renders it unnecessary for me to n» ,
any thing upon it. 1 d > not see, however, at pre
sent, that it can be deemed unconstitutional, •>
it relates to the qualification of attornies at law,
or counsel i unless, indeed, it be on the broar!
ground of the injustice, if not tyranny, of com
P'dliog a man to swear, in advance, that lie w;,(
not for a given time do or forbear to do any g.,
ven act ; a thing which tender and Scrupulous
const unices, however resolved nt present, might
well ncsitate to do \Vitli respect to any q i/<,
tio'i* wlncti may arise upon tins hci in fuller, in
relation to pawns elected inty the Eegi*l*mr: I
w th« privy council, touching the potter of iVe
Legislature to ahrulgo and circumscribe th»"
number oftlioc.fi-om wnom the people bave re
served to themselves the right to make theire
lecti-ms into those important stations they will
remain to be d-'cided bv the proper tribunals
when they occur, urxm full aud solemn delibc
ration : — whether the act before us f ills within
this description—md whether it be censor.,
ble nr not on the ground of abridging the just and
constitutional right* of the people, thro* the me
diumut an agent, who as ret lias committed no
offence wit Usoever.-when, undoubtedly, the
Legislature only m-ant to imp is? a pcnal y up
on ti.e offender himself / — will be then to be con
sidered and decide.t — At present, I am very far
from having any nonslusive opinion upon it.
FLEMING, Pres
The ict under consideration being a eompulso
ry law (however salutary it may be) imposing on
the officers of government, an oath unknown to
the former laws of the state, or of U S although
there be no pecuniary penalty inH.cied on those
who refuse to takn the oath therein prescribed,
1 cannot hut consider it as a penal statute, and os
**ch, must give it a strict interpietxtion It ap
pears to me therefore, th*t/»racf«r«**era of the law
are not comprehended in the act, under these
words—” every person who shall be appointed to
aoy office or place, civil or military, under the
commonwealth, shalt in addition to t!»f* nutli rwuv
prescribed by law, take the following1 oath/* &c.
The practice of the law is a profession, which c
very citizen of the state, having complied with
certain requisites of the act of 1792, chap 71,
may take up, engage in, and exercise, according
to Ir.s own will an.l pleasure ; and which he may
lay down, and resume, as often as to him may
seem convenient, without any responsibility for
his conduct in so doing. Tue language or word
ing nf the latter sentence inlbeoaih, evinces, to
my#mind, that the practitioners of the law were
not in the contemplation of me legislature. The
officer taking the oath after swearing “ that he
hath not been engaged in a duel, by sending or
accepting a challenge to figbt a duel, or by fight
ing a duel, or in any oilier manner in violation of
tile act, since the passage diereof,” is further to
swear, that **‘A< still not be so concerned, directly
or indirectly, in such duel, during his sontinmnee
in office"—wInch, in my conception, has no adu
si.m u> practitioners of tne law s but admitting
they are compiehendedin the act, it has, or ought
to have, a prospective, and not a retiospecuve,
operation ; and cannot affect officers of any ties
eription, appointed to office prior to the passage of
that act e winch I construe, as if the phraseology
of the clause had been thus—“ Every person,
who, after the passing of this act, shall be apfom
ted to any office, civil or military, under tins com
monwealth, snail take the oath, &c. as th-.rein
prescribed.” And 1 cannot conceive, that a prac
titioner of the law of nine or ten years standing,
qualifying to exercise liis profession in a court,
where he had been unused to practise, can be an
appointment to an ” office, civil or military, under
the . omin.,nwealth.” 1 am, therefore, of opinion,
that Mr Leigh may be admitted :o practise at this
bar, without taking the oath prescribed by the i
act to suppress duelling
Translated Jor the Freeman <s Journal.
SPANiStl COK Ub.
ttOTAL isLK or LluK,
September 29. 1610.
Don Capmaay arose, read wi. h ene» gy a
paper couched in tue following terms: In
vain shall >ve sacrifice our repose our nap
pines*, and our lives, it to me sacred do ies
imposed on us, we dm nui accompany u oy
a g»nerou> tnd voluntary act ol duintnes
tedness, and cootir n ourselves wi n me ti
ne ot Fathers of our Country, wneu we snail
be deserving of that name I .loan to ui_
terpret by this, tli it we should give to me
Spanish ptople won have Consu.Ui.ed us tutir
detemlei's, an eternal proof iiOi only ol our
recutude and justice, but ot our moderation.
We 011511 oieiou.ice all idea 01 personal
aggrandisement., ti sacrifice all out desires.
What a Ha .ei ing proposal tor our worthy
companions to eoiigiaiuiate this auditory on
their seeing chat mu legislators oi the na
tion are not satisfied with oemg considered I
wirh UliCOrrUp. rniurianret Kiti auan |
the »nadow of being incorruptible. Tue
confidence which me nation has reposed in
us, vill be increased by this public and so
lemn declaration ot avoiding even the temp
tation of forming ourselves in order not to
despoil virtue of the uaiiie oi austerity, which
ought 10 be our desue.
it misfortune should reduce us to poverty,
the state wi.l give us bread, as ancient pa_
rems receive trout tneir children ! What
delicious bread will we eat from the hands
of national charity !
1 propose then to this august body my o
pinion, reduced in the torui of a decree _
That no member of tne Cories who compose
the present congress, nor those that are
wanting to complete the wlioie number, can,
during the exercise ot their employ ment, nor
twoyearsaftei.admitorsoliciitot themselves
nor any oiher per son .employ meuts, pensions,
honors or grades, from the executive powei,
temporarily invested, nor hum any other
government that in future should be subsu
tuted under any denoinmaunn whatever._
I request, in fine, that this decree be com.
municated to the regency tor their know
ledge, and to the different provinces Com
posing the Spanish empire, for their satis
faction and for the admiration ot the whole
world.
The foregoing motion of Don Capmany
having passed by a plurality ol votes, the
Cortes on the 29tn of 5ep. addressed the mi.
nister of state as follows :
“ In tne session of the Corte9 held this
Jay, it has been decreed that no deputy who
tor the present composes this body, ui those
hereafter who are to complete the necessa
ry number, can during the exercise of :iieir
employment, or one year afterwards, solicit
or accept for himself, nor solicit for any o
ther person wnuicver pensions, honors or
grades, from tin executive power tempora. i
rily invested, nor from an> other govern
ment that in future should be substituted, :
under any denomination whatever, it being '
undtrsood that those employments which
by routine or antiquity are given according
to the regulations, acts 01 statutes observed
in the military, ecclesiastical and civil bo
dies, 19 an exception to this lule, as likewise
in those cases wheie some brilliant or ex
traordinary service should be rendered to!
the king and country which in the opinion
of the Cortes ought to be rewarded in a suit- I
able manner. Tne Cories has ordered us
to communicate it to your excellency f >r
the knowledge of the regency, and that it
may al way s appear in the secretary ol state’s
>ffice, for the notice of al: whom i m «y con
cern. Cod preserve your excellency many
pears.
lir.ijai Iule of Leon, 29 h Se/i 1810.
EVA lilS TO PEKEZ DE CASI HO,
Secretary.
MANUEL LUX AN, Secretary to
rtis excellency the Prime Minis er of State.
D >n Arguelles proposed to the Cortes,
without wiaiimg thftn io eater inioa discus
ion, but confide* edit hi? duty to call the at
•mtion .1 ._gies* towards an object of the
n*t magnitude, winch i>c considered >t pre-1
Wtoary nttomxt* tor the salvation of the
country—.the political liberty of the press
He Said he did not pretend that they should
immediately deliberate on so difficult ami
important a point ; but that if this proposi
tion was approved of by congress, they migh
commence to vote whether a committee
'Might not to be appointed to examine wha
had been w rutin upon this subject, and pro
I>ose to the &*oi tes the result of their i*bser
: vations and reflections, and in what manner
the political liberty of the press might be es
tablished. Don Z >rraquin and D« n Perez
de Castro spoke in favor of the mo ion made
by Don Arguelles . and one of the ecclesia
tical deputies having manifested some oppo.
si'irm. another ecclesiastical called I'orreho
arose, and full of fervor argued on the evils
brought onus tor want of the liberty of the
press, and from the happiness resulting to
the nation from its political liberty He
said that it was necessary in this point tofol
i low quite a different course than that pursu
jed by the central junta, substituting in place
of the criminal silence and mysterious con
duct of that body, the publicity of the sessi
ons and the liberty of writing about political
affairs, which prohibition had blasted the
tame of the central junta «r <2 firer
stallation. He also said that the people had
a right, and it wastven their duty to be ac
quainted wi'h 'heconduct ot their represert
tatives, and point out to them the faults they
observed in their operations, which could
only be effected througn the medium of the
ptess. He added that it was accessary to
consult the public opinion, whose voice was
the press for the want of which he himself
t >r the present was not able to comply with
the commission the Cones had confided in
him, to nominate to them persons capabie of
fulfilling the august charge of the executive
power. Almost all the votes were in the
affirmative, and a committee was appointed
composed of eleven deputies, among whom
were Arguelles, Perez de Castro, Palacios
and Hermida Whereupon they tei minated
their session at half past 8 at night, and
congress adjourned till 10 o’clock the follow
ing morning.
The general and extraordinary Cortes
have piovisionally decreed the following
^Peeling the publicity of the sessions:
Women are not permitted to enter_the
public o be admitted only iu the galleries—
that in the galleries persons without distinc
tion be admitted-that the second division
of the gallery towards he right, be for the
accommodation of the foreign diplomatic
corps.
Koval Island, }
twp. 26, 1810 $
FROM J LOAD ON PAPER.
FOVCHE, THE EX MINISTER
OF POLICE
Not long since, the minister observed to Bona
parte, that he thought tie could open a uegocia
lf°i?- **• Peace w'lh tbr British governmem, and
it his imperial majesty would allow him, he
would employ a person for that purpose, but that
e wished to carry it on in his own way, ano that
ne did nut wish to be directed in any way by
‘he minister to foreign affairs, to which Bon.,
parte assented Fouche, it seems, employed a
person ot the name of Overhard,* wim wem lor j
!'!il Purp°**J to Amsterdam, and communicated
mission to Messrs Hopes?,who were to make
*‘e w,she» ol the French ininisttr known lu
toeir correspondents, Messrs Baring, b Cu r
questing tht m to nuke the desired o:„im»mca.
toUte Marquis Wellesley O.xrhard cc
a.u.y made tne communication to 11 .pes\ ,nu
a"'"18’. n We -re *11 *-»«red that
T Ba».,.g d.d not make any coin•nunic.tion
•n tnai subject to our minister for Foreign af
hiii s, which certainly is a proof ot ihei.V r,d
I aense, as they must have biren convinced that no
pe .ee ought to be made with the At* <«,« of the
Continent. It Was very natural that Bonaparte I
_ . ?—:—• -w vv, n:,ai turn the ne i
gocution had taken ;—Foucht, of course, said
-v.ae c etoit une ajf aire nianquee•” Bone.parte
waute to kno w who the Jimutare was on that
.’CwTn Aker much ikulter.ng, Fouche said
u was Overhard Bonaparte lx came furious :
.e des^dtoaave him a. rested j to w,.ich he
ohj. ctetl, saying, that such conduct waaf hat ot
ne government »f Turkey, and that he woul not
-Ign uny ord-r for Ovci turd’s arrest Ting e- i
distance ot Fouche made Bonaparte furious -,r
• ders were sent to the Prrjet de Police Tor tu „ ,
purpose, and Overhard iias ever a. ,• j,. .•.,
J.ose prisoner „i the Chateau de Vincennet
fouche was from that mom. nt con igned over ro
oe care ot two of Bonapa.ie's Aides de Camp,
Vfoulion and Bertrand, & was net allowed to rd
tuin to ins hotel, but remained at Si. Cloud. The
next morning Bonaparu sent Bavary to fou he.
des.ivng him to give up certain instructions
v uch he had from him, relating to the arreaia. .
of bir George Rumbold, his order to ar. t
‘to Lauderdale, and a great number ofo.in. a.
fouche said, they were all burnt, a, o_-.
>g improper to reim.n in the archives of any
ninisier. Savary was immediatel; uisn tchdl
i > ran* ana installed in the hotel of tne minis
MH,l«ine Fouche, and family, w t e
bl.ged to quit on the same days the m.msier
w ,9 allo wed to go to his couuiry seat, 10 l agues '
[• om I ans, where he went in a solitary
arriag", accompanied by his wife and me «.x
generi.l Parrani, the noted Septemberiser, who
a as president of the military commission ai Lv
•ns when F >uche was pro-consul tlicre vt th
Collot D’Herbois, in the time of Rob spicrrc, f
Soon after Fouche’s arrival at his count; y seat !
he t rceived an order to goto Aix (Ins Sena to j
rene) lie was not there long ere he was ar
rested by four gent armtt, u id conveyed to
Msiscillcs, and confined in a ion. From thcnct
iit; wav taken aw-iy about six weeks ago, „nd
ins w ifc even doc« not know where lie is : some 1
mppose him to he in the Isle de Si. •vlarguerit"
md others in the Chateau dt Vtntmnes ,- n » ve
ry probable that be Ins taken a toupe all' Itali
■nne / Great as iiave been the crimes >i F mofte
in the tim*-s of Robespierre, lie certainly in ihe
Lime of B maparie prevented much rtmchiei
Mr. Goldsmith, in Ins "Cab.net of Bonaparte
positively asserts that Fouche was the cans- ot
Sir George Rumbold’s being liberated, and that
n was he who prevented a foolish mail decree
»f Bonaparte, declaring Mr Canning to be an
outlaw. at the time when a decree passed, do
daring Mr. Stein, the Prussian minis er, an out
law, and ordering the French military to shoot
him wherever he may be found l he sameau
Ihm likewise says, that conversing with i.,m on
lhe dl .ir of tbe due D’Eng den, Fouche said,
■<ke un coup de /util inuttlemtnt lache /” It is
necessary to observe, that Fouciie had foi sne
ral years a private secretary ot the name ot Ma
tlachcuu, many years an emigrant in this coun
Uy. About ■ twelve months ago Bo. «*parte de
l ied Fouche 'o dismiss his secretary, „•> he was
known to he too partui to England —HoWc
n i he was appointed commissary general of no*
lice at Lyons
* t celebrated Punrnittrw, who was lately
inn- d by flunapaite Sn Mr Goldsmith’a sc*
:ret History of the Cabin t of Bonaparte.
COPY.
'I hr. Uecordt of S turn ere pronounced in
the High Court oj .idmiruKy, in the (dee
. Ao, hi jrs.ib'jo.
Captain Hamit ton Darling
K’ »s*
Fink master of a privir*er%
The ship in question, Catharine Jayne. «*
urmshed with uil the documents usual for
American vessels. The authenticity and
ulidity Of these have not been questioned.
«nd are moreover confirmed »»y certificates
■ out he Danish and Russian consuls in
merica The nationality of the ship must
consequent ly be considered as proved. The
con etnnation of the ship'h'*wever has bee*
ousted «»pont because the c ibtatn i* said to
lave f rf’ ited his neutrality bv having gone
. * .ya » there unshipped his cargo and ta.
ken in a second one with which lit is stopt
now on his voyage to Petersburg*!, not with
standing h,s passport, as well as documents
, clearance, mentions Petersburg* as his
place of destination. If this was tube a suf
ficient reason for condemnation, the voyage
to Fayal must be forbidden by the laws of
the U Stales, or bear the character of a
smuggling trade ; of this, however, there are
no sufficient proofs. The act of intercourse
only toibids commerce with G Britain
trance, their colonies, countries occupied
”>' fnem, or any other places in heir power
out it is by no m. ans proved that Fayal is
under any of these preilicaments, on the
contrary the documents produced, shew
that the Aeor s (Western Islands) are
governed in th name of the reigning prince,
and consequently must be considered as Por
tuguese dominions. That a document ofc.
clearance for Fayal was not. to be obtained
in America, is not proved, and the tlcclara
tnm „f the Ninth American Consul here,
Mr. San bye. adds to the Contrary supposi„
tion. 1 he captain has not Concealed his in
tention ot going to Fayal. for this is stated
in the bond of hire, as well as in the certi,
hcate of the Russian General Consul. All
the documents received at Fayal he also had
onboard The captain cannot be said to
be guilty of having carried on a smuggling
trade, for the clearance from Fayal is just,
and the nature of ihe cargo shews that it
cannot be of English origin. The suspicion
advanced that the ship and cargo should be
English propei ty, is nor founded on sufficient
argumentsnor has it been pmved
l he ship and cargo must consequently
be released, but the captain must be bound .
to pay the captor the expence attending the
cap-ure.
WV consequently judge to be right,
I he ship -n question, Catharine Javne, is
hereby released save however. tha- Cap-ain
Darling ought to ind-m nty F nk. master ‘
of a privateer, all lawful exptnees attends
ing he cap ure, as well as those of the prize
court '
Tue High Court of Admiralty in the city
of l. penhagen, Oct 6.1810
. , W HOG EL.
In authenticity of the copy
,ru . N PERBOL.
that is a true and literal t. nslaiion of
the Danish original sentence laid belore rnc:
Witness m\ h«t.*l and sest- < iffir
FRED SCHNEIDER,
Transla or, duly -w >rn and admitted.
Copenhagen Oct. 10 1810.
- i _I !_*!_■ ■■■LLL1BI
IJURSUANT to a decree of the County
, Court of Hanovet, -tvill be said on the 10th
day of De- ember nexj, d fair. otherwise the
next fair day, f r the ben-fit of the Distributeej
oi Major John Bo we decVl the following tea t*
jhid lot of LAND to w't—That well known
ruvero called the d ERR Y-OAK 4, lying on
1 s* p®, poa(^ |e*ul ig trom Richmond to the
f ederal City, only 16 miles from the fo; iner
place.—Tu enumerate dl the adjutages atiHoli
eu to this ancient slant! as Tav. rn w .ul.l be. use.
less as It is presumable any p.-desirous of
purchasing wdl fi at view .* premises ; suffice
it however to say. u-.-.l both the mail and ac. am
miniating Stages keep yearly their change >f
H 'fses there ; which will iiliio»«t<.j... .. .i.j v .
possessor to enrich the Liuis, and tli^b ,*< 7a
either breakfast or dine very day. j’herc are
attached to the Tavern about 4 miodied a.res of
land which is wdl adapted to the culture of corn,
wlie »t, oats and c »vcr.
ALSO 5 n 600 acres of LAND sittuted
Within one and a half miles of the v'erry Oiks
and adjoining the I mils of Col Tompkms Da!
V“J O -.ver .,nd Joseph Wingfield -This tract
will be sold entire or divided to suit piucas- r»
it lies well, a part is w II limbered and is well
• lapied to \hc culture of small gi ain. Anv p»r
wishing to purchase will t,e shewn tiie b*.
tore mentioned lauds by ,Pl l.cation to captain
Nathaniel Howe who results .djacent thereto.
And on the .same day and place will bn sold ait
unimproved half ur« lot of LAND n Hanover
Town-fwelve months credit will be allow
e ' 'lu purchasers, giving bond wit approved
uruy, and a lend of Trust m die l uid to se-*
cure the payment — H
THE COMMISSIONERS.
N II Will be told m die same d.«y nu place,
for cash, hv, SHARES in the Deep Run J urn
pike Comp ny and about one Uioustnd dollars
ii. siA and three per cejrt deterred Stock - Ai-o,
w.il be rente' for the ensuing year, the plant*
lion on which Mr C mrles Jrrv is at piest -H re
sides. 1
Wm 8c NATH*t BOWE, A&m'n
•/ JOHN BJWh\dn’d.
November 9
A UVEKITSEMEN P-W H b.* s .1 , t;,e
'(r mat bidder ...» the 17’h d ty ,jl I) vein
ln r nrxl, upon (In plantation of the Col.
William Nelson >f King Wiili.m County, be*
tween thnty an I lofty valuable SL/xVES con.
stating g net, Hy of young m n and .oys ; her®
are among ih<;m a Cooper, some vain .file House
Servants, sn excellent Gardner, Ostler and a
good Female, Cook ; a credit of twelve months,
wdl he allow d the purchaser giving bond witlv
approved security to carry interest from the date
if not punctually paid
VVdl be sold at the same time and place the
Crops of Tobacco, Corn, Fodder &e some very
valuable Mules, Bro »d Mar s a good carri
age. Cash will be required fir all sums under
twenty doll.rs, above i at the same credit al
lowed .is giv non the negroes
N. B 1. is the anxious wist) of the Administra
tor to settle dl just claims <g tinsr. the shove es
tate , those having my claims will pleas- come
lorward on or before the d..y of sale anil have
them adjusted.
CHAR LRU C. /'AGE.
Admniittraior wit/i the will annexed.
Nr- "*
Nr OTICE —The subscribers havt opened
STOKE, next door above the house for*
m rly oecupu d by Messrs Kobe O’ Allan Poiloi,
snd intend arryn g on business, under the fir®
of William Colquhoun & Co. will always k, < p oa
hand, a g m iJ .»ao. imml of DEY GOODS,
suitable to the season, which they will sell low
hr wholesale, for cash, or on a credit to punctual
customers
They have now received all their London sup*
Ply. from the ship A verb ic O’ y th<- ship George .
£> Su m, daily expe ted nom Liverpool/thdy
-sdl *eciuve to ir Coarse Goods, Hardware aid
ut/rry, which will -o ,4< te their issurtmclltiig
s fall . *
WlLLI\M ( OLQUHOTJN.
W sl-f it-K & Itijb. CULiiUIIOUN/
F u>*ojU*r b. tt