Norfolk gazette and publick ledger — Norfolk [Va.], 1810-06-06 00:00:00, page 2

. bnfpM mfl
ad, and tutor.
he will w**n
nr *yjw*dg,r tff'tpiywr«»» rtwcllitv
i^^pnur+Wi, (•«/ U*e purpose of apprehending hint
BPjji y take to hfsassuluure a suffici
fTKrf'^m’if'pr military fore* for ih-it purpose, such
ysiffjjBt'tiffikii ttiitef t|t direction of a civil magistrate.
Ami whether such proceedings will !>• justifiable
*w» * nJwijr’wag: "
■ OPINION.
f... “ Npioatanrtis stated );> rue* and I presume
‘ffmttww is t» be found, in which-the outer door of
opertiafiBler the speaker's
. wSrrant for thr-purpiis* irf *ppre bending the person
, sgaimi whom such warrant issued, (hrn being there*
“ip. I must, therefore, form t»y npiun n, altogelhei
PfWin Hi'exec jti>n of writs or w.:im.nis isstrngfiorn
other eoui ts, and whifli seem to fall within llitisame
I urjBCijw.
. ‘‘I find.it
l ?id Mow 11 jo Semeytit-'« rase, 5 Co.
$1,111*1 where the king is n parly, the sheriff may
break open the defendant's house, either to attest
• - hiirt or to do other execution of the kind’s process ;
if »'tier iso he cannot entrt.' So if ihe defendant
*be in the boose of another man, ihe sheriff may do
th«'SeiM*).f>plht,.<‘*hiK'C break into llie house <>(
life defendant in (he rxecplim of any process at the
^ rotr ofatf'ifirMvidrml. 'This distinction proceeds, as
«f apprehend, upon the greater importance of unforc
iug til* process of the crhwn for the public benefit,
than df individuals for the support of their private
^.rights, Reasoning (rojn hence,.I should think lh„i
khkJpecker’s wSriera, who h had issn 1 t | pie
bgRa man nndi r sentence of eommiini nl • .r ..
hfiwrji of the privilege of the hobs’! of commons,
. forth* b« befit 'if the public only; sod tl.t p>.Mick
pr* iirter^strd ip the du* soppoit of them, if the
% aft -k»d hew doo», and I were, asked wheiher it
could be defend' d, I should say that it rould ; but
wfierd it i#> previously known that the execution of
? i ‘"{thewarrant will be resist'd l»y force, end if deatb
should ensue in such a rot:diet, ihe ofHcer who tx
’if.
Srotes the warnnt should stand justified, or not,
Sfira
the breaking of the housa m-y h* held lawful or
unlawful, I fei| myself aMigen to bring this under
hw notice, leaving him to judge for himself whethei
He^Ul vot^iuie to uctupon my opinio#, wbiih has
no direct authority in point to support it,, but rests
x*, '<jSSipo* reasoning from other ra»»s, whir It appear to
m*% fall within the lame principle. Should the
<4 pftfoej resolve-lo freak into the bouse, if it be found
necessary, he/nust be careful; first to signify the
cause of (iis coining and make request to open the
■r.* So off, and not use any lore* until it appears that
.. those within will not foot ply ; and It* should h*
assured the party whom he aerks to apprehend is
ithin tire For the- purpose oh executing
A warrant, nPjfi iy lake with him a sufficient force
•urK description as* the nature of til* case ren
ders necessary. If he has reason to apprehend a
degree of resistance, which cun only he repelled by
Jpnilt^fy force, he may take eurh force with him .
J but in tW « will be prudeolto take with him also
a eieil magistrate.
“ f do nof think it advisable to execute the war
tbe night. -
o,ffieer should understand, that when sir
Ptudett has once been arrested, if -he after
. wards effects Ins escape oris rescued, his own house,
,,, dr the hyiuse of tiny -■'tin i person into which he re
■ treats, may be broken for the purpose of retaking
*in»- V. GIBBS.”
“ L>utfK»ifnns, April 5."
.pt AHornty General examination before Ike house
nrremnsuiira upon me $ul>Jrrt<;ltnrspeal(
W’,s warrant, ms directed Hgirinst sir Pphcis Bur
U\ *t any time previously t<» tlie rase .l.*Wg jrnb
ed'ftt ) oaitfpan-tiie pm t' oft he Serjeant «t ar.ns ?
iria Wrsn ri consul ted «pon the legality of the wai
* font, bat I whs consulted upon the kfiiesttoa, win
- VteoeWbe i*.xfcrtrt*id by breaking (be outer door
»f sjr'fVsnfis Burden’s house. '
JWfbc|»i arid by whom ?—On Saturday morning 1
**»• itott dih-eV^J to altorwMh* council, and I did attend
• '•***! my recollection with tto: tune •;
/S wifcifc^BeirtVfonts flte effects of having sat tip s»
Ute Itje pfegsdjag'ltinlit, I was extiemeiy late ; I
^•*>^dn»eW riliwit’ivtrt itboiil oijc o'clock; but I' will
Aoi prcU.t.l t'» spe-.ik to the time, ft was asked at
Uiftfbnnril what I thought of ib.* ty>»htt of bo ex
*,*rrr:"tJ• 1 mcait.by breaking the outer
®, *»#rV\vf t^e bouse; it was a new ipn siion; it aro»«
jSj#4f)c'exeiut>dn of * wnrr.ini, with tbe mode of
rxVeut'i^ wbieh I was in practice uriarrjuainted.—
!•* fitted to me in which such a
tjjNjiyfant executed by breaking the outer
flfif the hfros* t M ould tticrelme only reason
'analogy to' otfier rairaVn the law, which I had
eiroMectioo. The tendency ot my opinion
jy iben wws, that U might be s i executed ;
Wt thr serjeant had a right, having ric
solrjmce, h$ifcg re/used, un i having
he ground upon wfircti lie demanded entrau« e,
c-tnexecirte eurh a wau jot, that he would
i» blanking *h« outer door of the house,
t the same time that it was a qurr.Unn
the reason* I have stated, and that 1 could
ilfri|icd opinion ; but that, as f*r as my
rtM« Srhirn was the result of reasoning,
iihy Iifthnrrty upon the particular point,
rt might be so executed.
t’Vfcat passed at the council upon the
tfU Speakers warrant ? That whs the
*•*»£ wlaat passed r 1 think [ also stated
*rhe ro. the terjeant in
t*«s warrant, ii be were nut justified
it ahy rnngut£h<Hfht*t*he.p)«rr, and
io the terms I
W wttuld nr wmaid
uf.eseruunp thewnr
Ii^«4i.aad UbiAt
tbtsl rfer#t«i»»p.
iSas-J
siiflK
'tuOr tte^Hy’ob
pefhwtf Mid through Ibi
ibe Word1
^-.—uciioo,
per tie tr}
1j idderorous.
r He trust
that the petition wot
be unanimously rejected
-by the house. "c-.......
Mr. -Ifltf nt totally Inaudible io, the gulleiy.
ilr. Ltrwtn also objected id the language of the
petition, hot thiVnght it ought not on that account
to he rejected altogether. Perhaps the best way
would beta have it for the present withdrawn, in
mtrt that after it had been subjected to the revisi
on ot the petitioners, it might be again presented in
less ntjeetionable terms,
Mr. Lu\hi*gtiM thought, that, though the bouse
ought to rereive « petition, still they were not
bound to submit to insult.
Mr. Whitbread was extremely sony that any ob
jection whatever had been raised to the reception of
the petition. He wished-tn have iicard the opinion
of the chancellor of the exchequer on the subject
before he gave his own ; hut siill he made no he
rniation in saying, that though he objected to ma
ny of the phrases in which the petition was couch
ed, yet if the oouse on that account rejected it,
they would be led into a most violent act. The
petition proceeded Irom a meeting highly respecta
ble, convened according to law, and conducted in
the most orderly manner. The grounds therefore
of its rejection should not be slight. An otj. ction
had been made to an introduction of the wold re
monstrance, but the word itself conveyed no ind.g
nity; it was used in every petition to the croon,
and such petition was never objected to on that ac
count. The electors of Westminster were-indig
nant at the arrest and imprisonment ef one of their
representative for what they considered an “able,
legal, and constitutional argumentso far as it
was with them a matter of opinion, and they had a
right «•< express their opinion. As to the other
point of their rn.oplaint—the acquittal of Mr. Per
ceval and lord Castlereagh, that also, as it appear
ed ob the minutes of that house, they had a right
to comment on; and still more had they a right to
express their concurrence in the opinions so ably
•apressed hy the speaker, to the great instruction
of the house, and delight of the country, and which
they might have seen faithfully repotted in the very
phrases in which they were uttered. Wrb respect
to the mode of executing the speaker’s warrant, af
ter all that had passed, lie did not wonder that doubts
existed on the subject. Was it surprising that uf
ter the very ambiguous opinion of the attorney ge
neral ? Was it surprising that wishing as they did,
tor reformation, they should be indignant at the
imprisonment, and pray fur the release of the great
champion of that reformation ? Was it surprising
that they should be iniensed at the conduct of go
vernment in not calling out the civil power until
they had the military to inarch by their side?—
CUtar, hear !) Was it surprising that they should
say seats in that house were bought and sold like
cattle in a lain, when the assertion had been made
even in that house and not denied ? The house, in
deed, admitted the fart, bal disdained the imputati
on ; they loved the treason, hut was indignant at
being called traitor! (Hear, hearfj The substance
of the petition then xould not be objected to, aud
surely it ought not to he rejected on account mere
ly of the terms in which it was conveyed. That
might, hereafter, be the cause for not acceding to
the prayer of the petition, but it could he no ground
for reI11 sing it leave to lie on the table. The speak
er had on a former occasion, magnificently said,
that the doors of ^he house ought to he thrown o
pen to the petitions of the people; but if ibis peti
tion was now reiused, that bouse might be said to
he slml ngainat them ; it x'ould be, indeed, an uft
most violent against the people. In one. point of
the present petition he particularly concurred, the
prayer for a reform ; it was indeed become highly
essential; the country desired it, and the house
needed it.
. ■ chanctllor of the exchequer thought there was
aiurhol' the language in the petition which ought
to have been omitted, end which was certainly cal
culated to produce very strong emotions in the
breasts of those tu whom it was addressed. There
were some eases, however, id which the forbearance
of toe house might be most prudently exercised,
and in his opinion this was one of them.—(Ilrar,
htorj) Such was also the case of Mr. Horne 'looks,
'vbn h bad been rcierred to. There was. no doubt
tbeir i onstiiuent9 had a tight (and bad exercised
ijial t’glrl) to ask a review of a measure which had
passid with a vjuw to a reform. They were now
then only acting on a former precedent. He hoped
gentlemen would give him credit now for speaking
ins real sentiments, when he said that be .thought
tbe petition might to be received.—{Hear, htrtr f)
f he expression to which he had most objection was
itial in whibh they reprobated the decision of the
hnu»e ; but still lie did not think even that would
warrant the total rejection of the petition. He
would, however, nd very diflerently if he supposed
the petition did not contain their real sentiments,
lint was merely intended as a vehicle of abuse.
Mr. Ponsonhy did not think the petition contain
ed mutter which railed tor its rejection. The con
stituent often petitioned even against an act of par
liament ; and why shnold be now be rondeptned for
petitioning against a derision of a separate branch
of the legislature? The language of the petition
was, no doubt, in some degree reprehensible ; but
still.that was, in his opinion, not for
its rejection. 1 ’ w 1
M/.. Cunning, though his opinion was opposite to
thal^f the hon. gentleman who opened the debate,
yet gave him credit for the spirit and propriety with
which he brought>it forward. Whatever form the
questionuj(ght hereafter take, good must have been
dun* by the discussion. On looking over the peti
tion, it wis obvious that one of its objects wavs to
provoke something of that kind ofkr remark which
bad been made, i ad that tins drawn s up of the paper
were trying Uieir ingenuity ■ bow close they might
run to the acjua) insult. But if this petition .were
thrown out, the Consequence would be, thatanother
would be presented, containing insult equally Strong.
Inii-mtir? deiitsfoualy.eoncealwl. Then (be house
*»ight las brought into the dilemma of having fe
$«!$*** Jinqifcqf ,rwhile
ss&is'ssatjsL..
avt-UamienaS^nSknlin: tininfyfSm
ih v.,ft*--*
Mltofefr 4>W*h
, pettlio|iv$*ot'*itV
thnngbt, from reasons already
_ - ... •' — —r .-«|K
9”*?’
’kJBSgJsf
■» .^V " • lodoeed ta rise by th« lust
word* or lb* hon. member wbo hod
Mist sal down.
The indignitiyrn not spoken of in
IM petition as
strisfngon i
toylrl sf the house.
^i,^, ■ - - -.-v-u ■wanr-^r* ^ »>!•»* *>• con*
suited into the mode of arrest, executed by the str
jeant at arms, on sir fVan.u Burden. He (Mr.
Smith) gave the hon. gentleman (Mr. Ward), wbo
opened the debate creoit, suflifieni credit for wisdom
and moderation was to be given to tbe two hon. mem
bers (Messrs Ponsooby and Whitbread), who sup
ported the right of the petition to be received. In
the conduct ol the house there was much room foi
praise on the present occasion. They had sheweo
themselves not afraid of being thought cowards : I
they bad now acted in a manner, which it was to
be rcgielttd they had not adopted in certain late in
stances, it was by the exercise of moderation and
firmness that they were to renew the connection
winch ought to subsist between the house ond the
people. A few acta of this kind would go faither
than any exercise ol doubtful authority,
Mr. IVhitlrcad said, that he did not conceive the
word “ indiguity"' to have bcpn applied to the pro
ceedings of the house yet he wished it tube un
derstood, that even it it had been so applied, it
could not, in Ins mind, have affected the right of the
petition to lie on the table.
I lie question on its reception was then put and
carried without it division.
Boston, May 26.
SPAIN AND PORTUGAL.
Cadiz »nd Lisbon arcounts to ihe 14th April
have beenr received. The French army which first
invaded Cadiz havingloandan unexpected resistance
Imd been reinforced by the greater part of the for
ces in Andalusia—in consequence of which the
French division, under geneial Reynier, which ffad
entcied Estremadora and menaced Badajoz, had
fallen back on Andalusia ; followed (we hope cauti
ously) by the putiiot forces uuder gen. O'Donuel
(lete under Romana.) The cannonade of the lines
of defence of Cadiz continued, and the British gar
rison in those lines had suffered some loss. The
Spanish duke of Alherqnerque had beeu appointed
ambassador to London, and his command had de
volved on the celebrated Castanos. A strong com
bined English and Spanish fleet remained in Cadiz
hay ; and transports were employed in sending the
I-iench prisoners to England. Men, money, and
munitions, were constantly at riving from England
at Cadiz and Lisbon. . The patriots still carried oil
a depredatory warfare on the French detachments
left in the provinces to the northward atqf eastward
of the Sierra Morena ; which, if we may credit the
Spanish and Portuguese papers, were also sufftr
ing severe loss by desertions from the foreigners in
corporated in them. The French under the duke of
Ahrantcs, (Junr.t,) who was at Astorga, [Leon]
menaced Portugal from the north. Grenada had
been evacuated by the French ; and we find iu the
papers numerous accounts of petty battles, in which
the patriots wen uniformly successful.
PHlLAbEtmiA, May 31.
Yesterday arrived sch’r adventure, Armstrnng,
i4days from Laguira, and informs that on or about
the 20th April rt schooner arrived at that port from
Spain, bearing dispatches to the Governor of Car
acas, with information that all spain was in the
l and* of the French, expect Cadiz. This news flew
before the messenger, the people of Carracas, the
metropolis of that part of South America, (no doubt
prepared for the contingency) rose and a body of
them, met the messenger, seized bis dispatches and
carried him to goal. They immediately after seiz
ed the governor and commander in chief at Carra
ras, brought him down under a guard of 100 men
and put him on board a Spanish brig lying in port,
on board of which they puts few other officers and
sent her off; at the same time tli»y took up the Lt.
Governor of Carracas, and the commandant of La
guira, and 8 d,.ys after shipped them offflilso. The
Spaniards of Carracas and Laguira, with the coun
try round it, also Barcelona and some other towns,
it was said, had declared themselves independent of
all the world, with the proviso, that if Feidinaud
recovered his country and thioue, that they would
then a. knowledge him and return to their allegiance.
The people have appointed a Junta, and new organ
ized the government. The whole of this revoluti
on was pul in motion so suddenly, that they took
the governor op in the street while walking for his
pleasuit, not having the least suspicion of such an
event, and was accomplished without the loss of a
life or the spilling of blood ; or any further disturb
ance than seizing and shipping oil obout 8 or 10 ot
the principal civil and military officers. After this
they laid an embargo on all vessels in port, which
in 8 days was taken off and the vessels suffered to
depart.—'The populace at first seized the schooner
that brought the dispatches, but the captain of her
telling a plausible story, and that he wished te stay
among them, they took off the guard, and in the
night the schooner slipl off. h was said, among
the papers of the governor which the populace seiz
ed, there were found several that gave reason to be
lievs that the governor of Carracas was in the
French interest, and held a treasonable Cbn«sp«n
dene, with the French.-The Spaniards seemed
very wrath against the French, and seized every one
they found in their country.
Lime and Boards.
MARI IN FISK, hatjust received,
47,000 Eastern Pine Boards,
*5 casks Stone Lime, 3 cords Bark,
100 bushels Potatoes—For Sale on board the
Sloop Betsey at Southgate’s w hat f.
J*ne4. 3,
■■■■■ 11 1 — * -- - ---- --
/hr SALE at my Brtw-Hutue,
Strong, Tabic, and Ship BEER,
By the hogshead, barrel, and half harrel—and a
flpgy oH»»tUed PORTER In packages
— . And in Store,
Liquors, and Groceries,
' .■} f. «
rwpMtMIjriBfti'tiWd that
•ofcn^t the Theatre this
Gt n. lu-rreau, the french minister, is on n loor
to the northward. Ilia tecal ls ,i his ewn request:
l.at for what purpose another French m.niatSr is la
siUferd him, conjecture is baffle'd 'ln surmuiuE.—
Does Napoleon trust he can humbug us longer 2
rerl.aps he will give our administration souse new
political views ; as the emperour says w$ areat
present without any that are^ust. What mi$Wm
not expert troni the nmhussador of that “ entiglii
ened government r” He may convince our cabinet
that the si, quest rut ion and ctuafisration of oor pro
perty is consonant to the Ian of nations, and of no
real disservice to us. Perhaps he will reconcile »e
to the late proceedings of his master; our govern
ment is of w mild forgiving temper towards French
men ; ever anxious to leave off contention before it
be meddled wilb, as it respects them.
Independent American.
The sditoxof the Nation..! JEgis savs, that , ,,
influence “ exists only in the heads o't political
nurs.” Very true; hut those h.ads are numerooa
aud some of them may have been and still i*fr
heads that manage the nation.
Several cabinet councils hove been held of late
but rhi‘ deliberations und result are a serret. Mr!
Gollaun lelt here lor Geneva, on Thursday last *
[not the European Geneva, but his seat somewhere
near Pitts',urg.] Perhaps no government was ever
more puzzled Uian is ours now how to art Thill
abominable partiality to France, and dread of her
power, which has so long been rendering our go
verainent contemptible in the eyes of Europe odi
ous in the sight of federalists, and at least uiuial
in the estimation of even democrats ; have reduced
them to a situation, in which stand “ trembling
ly alive all over;” dreading to take a single step Us*
they should blunder, and consriuus of increasing
odium, should they continue motionless. They are
lully awake to all the develtry, duplicity and cajol
ing of France; but dare not tell the people of if
full w*!1 knowing that the magazines of an insulted’,
injured, duped nation's resentment, are ready to ba
poured upon them. They cannot; ’its ahsolubffe'
impossible ; they cannot make the American peo
ple believe, that they have done their duty.
Gallick and Jeffersonian, not by American princi
ples and pursuits, have our government brought
this nation to a depth of degrariatiomnd (,ir sprea
mg calamities, with the prospect of deeper dis
and miseries more manifold.
How do they feel when they meet together !.,
ran only stand staring at each other with rnefu,
sages and torpid tongues ; or give to reeriminattW
hours that ought to be devoted to consultation. r**Jtii
your fault," and “ it is your fault,V ran ohIjs be
bandied from one to another?
The times hold of consultation^ strewed wiihrh*
thorns of self accusation.—ShatF^e call congress
together? Yes, we-will take no respoikibility m»
ourselves; and longer inaction is impossible— But
must congress be called? No: w* shall not kn**w
wbat to tell them, nor what to advance. We can
only tell them that hy our own ill conduct and im
becility we have brought ourselves into an awkward
predicament, and the country to disgrace uod im
pending rum ; and we now beg.them to help us out
ol our difficulties.— Let us not call congress yet.
Let us know the sentiments of tie people; the opi.
ntons ol publick writers. We must teem to lead,
after being directed which way to go. One oionth
will give us the sentiments ofthe Union from Main*
to Georgia. Our popularity, sumnium benum, is
at stake: it may yet be preserved by cautious for
bearance to act without popular direction.—Yet it
were better to call congress. State the necessity in
the proclamation; hut recommend nothing, , Whe»
convened I t us consult the Gileses and thi|John
stons ; plan our measures, and the majority will
Carry them. 1 heir popularity is equally it stltkA
with ours : we ran yet all |wim together.
I he cal, met seems to breakup with faces Iona ad* ‘
their bodies,' fixed in nothing but indecisions. Ibid,
Thi late report via St. Bartholomews, of Cay-;
eune having been raptured by four French ships of
the line, is totally incorrect.
0 “
It appears fiom the Citizen, of yesterday mot
ing, that Mr. Cooper, the Tragedian, is on the/
of his departure fur Europe, and that it ia uncsj
whether he intends to return to this country,*.
N. Y. Gazetfe.
Cul. Burr. —The following article respecting this
*
notorious character is copied from lbs Au
Monday: ’Mr
“ A letter from London of the 15th Apr instates,
that col. Burr had succeeded in|obtainingpassaetts
for Paris, after a dentinn of eleven weeks as till
Frenob frontiers, 11 appears by this letter that M.
Pichon, formerly chargedes affaires of Franca neaV
the United States, had been addressed by Burr, and
through him passports had been obtained. ’ Ptfben
is in the service of king Jerome, something in the
nature of a privy counsellor, an accident curious e
noagh if we only consider that Pic hon was recalled,
and in temporary disgrace at the special instant's of
Jerome.
“ There is little dependence to bf placed oft r«
ra»
ports of French affairs derived through Englii.
frk.
sources, but we think it nevertheless proper to state,
what we do not think improbable, because -ft ,is
perfectly compatible with the character of-Burr,
who is stated to have piesented a memorial
emperour on the subject of bis former 'coif
to divide the union, and that be proposed to 1
parte, a renewal of the dvsien under ~ ‘
ces ; the intnds of Buir in England I
fullest confidence of Iris being sorcels
of his ok! adherents had leit England to t
Parts; there were several them before I
Fnm lb*^ Federal Qszdte
, Cadori*s insuitBt m^ifcr
Ob the J 6th of