The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1807-09-16 00:00:00

National Intelligencer, AND WASHINGTON ADVERTISER.
VOL. VII. WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. MLXXX.
FIVE DOLLARS PER ANNUM.
WEDNESDAY, SEPTEMBER 16, 1807.
PAID IN ADVANCE.
OPINION
Of the court, in the motion to arrest the evidence, delivered on
MONDAY, August 31.
(Continued)
It is unnecessary to trace this doctrine to its source for another reason. The terms of the constitution comprise no question respecting principal and accessory, so far as either may be truly and in fact said to levy war: Whether in England a person would be indicted in express terms for levying war, or for assisting others in levying war, yet if in correct and legal language he can be said to have levied war, and if it has never been decided that the act would not amount to levying war, his case may without violent construction be brought within the letter and the plain meaning of the constitution.
In examining these words the argument that may be drawn from felonies, as for example, murder, is not more conclusive. Murder is the single act of killing with malice aforethought. But war is a complex operation composed of many parts, cooperating with each other. No one man or body of men can perform them all if the war be of any continuance.—Although then in correct and in law language, he alone is said to have murdered another who has perpetrated the fact of killing, or has been presenting aiding that fact, it does not follow that he alone can have levied war who has borne arms. All those who perform the various and essential military parts of prosecuting the war which must be assigned to different persons, may with correctness and accuracy be said to levy war.
Taking this view of the subject, it appears to the court, that those who perform a part in the prosecution of the war may correctly be said to levy war and commit treason under the constitution. It will be observed that this opinion does not extend to the case of a person who performs no act in the prosecution of the war, who counsels and advises it, or who being engaged in the conspiracy fails to perform his part. Whether such persons may be implicated by the doctrine, that whatever would make a man an accessory in felony makes him a principal in treason, or are excluded, because that doctrine is inapplicable to the U. S. the constitution having declared that treason shall consist only in levying war, and having made the proof of overt acts necessary to conviction, is a question of vast importance which it would be proper for the supreme court to take a fit occasion to decide, but which an inferior tribunal would not willingly determine unless the case before them should require it.
It may now be proper to notice the opinion of the supreme court in the case of the U. S. against Bollman and Swartwout. It is said that this opinion in declaring that those who do not bear arms may yet be guilty of treason, is contrary to law, and is not obligatory, because it is extrajudicial, and was delivered on a point not argued. This court is therefore required to depart from the principle here laid down.
It is true, that in that case after forming the opinion that no treason could be committed, because no treasonable assemblage had taken place, the court might have dispensed with proceeding further in the doctrines of treason. But it is to be remembered, that the judges might act separately, and perhaps at the same time, on the various prosecutions which might be instituted, & that no appeal lay from their decisions. Opposite judgments on the point would have presented a state of things infinitely to be deplored by all. It was not surprising then that they should have made some attempt to settle principles which would probably occur, and which were in some degree connected with the point before them.
The court had employed some reasoning to show that without the actual embodying of men, war could not be levied. It might have been inferred from this, that those only who were embodied could be guilty of treason. Not only to conclude this inference, but also to affirm the contrary, the court proceeded to observe, "it is not the intention of the court to say that no individual can be guilty of this crime who has not appeared in arms against the country. On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force a treasonable object, all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors."
This court is told that if this opinion be correct, it ought not to be obeyed, because it was extrajudicial. For myself, I can say that I could not lightly be prevailed on to disobey it, were I even convinced that it was erroneous, but I would certainly use any means which the law placed in my power to carry the question again before the supreme court, for reconsideration, in a case in which it would directly occur and be fully argued.
The court which gave this opinion was composed of 4 judges. At the time I thought them unanimous, but I have since had reason to suspect that one of them, whose opinion is entitled to great respect, and whose indisposition prevented his entering into the discussions, on some of those points which were not essential to the decision of the very case under consideration, did not concur in this particular point with his brethren. Had the opinion been unanimous, it would have been given by a majority of the judges. But should the three who were absent concur with that judge who was present, and who perhaps differs from what was then the opinion of the court, a majority of the judges may overrule this decision. I should therefore feel no objection, altho' I then thought, and still think the opinion perfectly correct, to carry the point if possible again before the supreme court, if the case should depend upon it.
In saying that I still think the opinion perfectly correct, I do not consider myself as going further than the preceding reasoning goes. Some gentlemen have argued as if the supreme court had adopted the whole doctrine of the English books on the subject of accessories to treason. But certainly such is not the fact. Those only who perform a part, and who are leagued in the conspiracy are declared to be traitors. To complete the definition both circumstances must concur. They must "perform a part," which will furnish the overt act, and they must be "leagued in the conspiracy." The person who comes within this description, in the opinion of the court levies war. The present motion, however, does not rest upon this point; for, if under this indictment the U. S. might be let in to prove the part performed by the prisoner, if he did perform any part, the court could not stop the testimony in its present stage.
2d. The second point involves the character of the overt act which has been given in evidence, and calls upon the court to declare whether that act can amount to levying war. Although the court ought now to avoid any analysis of the testimony which has been offered in this case, provided the decision of the motion should not rest upon it, yet many reasons concur in giving peculiar propriety to a delivery, in the course of these trials, of a detailed opinion of the question, what is levying war? As this question has been argued at great length, it may probably save much
trouble to the counsel now to give that opinion.
In opening the case it was contended by the attorney for the U. S. and has since been maintained on the part of the prosecution, that neither arms nor the application of force or violence are indispensably necessary to constitute the fact of levying war. To illustrate these positions several cases have been stated, many of which would clearly amount to treason. In all of them, except that which was probably intended to be this case, and on which no observation will be made, the object of the assemblage was clearly treasonable—its character was unequivocal, and was demonstrated by evidence furnished by the assemblage itself; there was no necessity to rely upon information drawn from extrinsic sources, or in order to understand the fact, to pursue a course of intricate reasoning and to conjecture motives. A force is supposed to be collected for an avowed treasonable object, in a condition to attempt that object, and to have commenced the attempt by moving towards it. I state these particulars because although the cases put may establish the doctrine they are intended to support, may prove that the absence of arms, or the failure to apply force to sensible objects by the actual commission of violence on those objects may be supplied by other circumstances, yet they also serve to show that the mind requires those circumstances to be satisfied that war is levied.
Their construction of the opinion of the supreme court is, I think, thus far correct. It is certainly the opinion which was at the time entertained by myself, and which is still entertained. If a rebel army avowing its hostility to the sovereign power, should front that of the government, should march & countermarch before it, should manoeuvre in its face, and should then disperse from any cause whatever without firing a gun, I confess I could not without some surprise, hear gentlemen seriously contend that this could not amount to an act of levying war. A case equally strong may be put with respect to the absence of military weapons. If the party be in a condition to execute the purposed treason without the usual implements of war, I can perceive no reason for requiring those implements in order to constitute the crime.
It is argued that no adjudged case can be produced from the English books where actual violence has not been committed. Suppose this were true. No adjudged case has, or it is believed, can be produced from those books in which it has been laid down, that war cannot be levied without the actual application of violence to external objects. The silence of the reporters on this point may be readily accounted for. In cases of actual rebellion against the government, the most active and influential leaders are generally most actively engaged in the war, and as the object can never be to extend punishment to extermination, a sufficient number are found among those, who have committed actual hostilities, to satisfy the avenging arm of justice. In cases of conclusive treason, such as pulling down meeting-houses, where the direct and avowed object is not the destruction of the sovereign power, some acts of violence might be generally required to give to the crime a sufficient degree of malignity to convert it into treason, to render the guilt of any individual unequivocal.
But Vaughan's case is a case where there was no real application of violence, and where the act was adjudged to be treason. Gentlemen argue that Vaughan was only guilty of adhering to the king's enemies, but they have not the authority of the court for so saying. The judges unquestionably treat the cruising of Vaughan as an overt act of levying war.
The opinions of the best elementary writers concur in declaring, that where a body of men are assembled for the purpose of making war against the government, and are in a condition to make
that war, the assemblage is an act of levying war. These opinions are contradicted by no adjudged case and are supported by Vaughan's case. This court is not inclined to controvert them.
But although in this respect the opinion of the supreme court has not been misunderstood on the part of the prosecution, that opinion seems not to have been fully adverted to in a very essential point in which it is said to have been misconceived by others.
The opinion I am informed, has been construed to mean, that any assemblage whatever for a treasonable purpose, whether in force, or not in force, whether in a condition to use violence or not in that condition, is a levying of war. It is this construction, which has not indeed been expressly advanced at the bar, but which is said to have been adopted elsewhere, that the court deems it necessary to examine.
Independent of authority, trusting only to the dictates of reason, and expounding terms according to their ordinary signification, we should probably all concur in the declaration that war could not be levied without the employment and exhibition of force. War is an appeal from reason to the sword, and he who makes the appeal evidences the fact by the use of the means. His intention to go to war may be proved by words, but the actual going to war is a fact which is to be proved by open deed. The end is to be effected by force, and it would seem that in cases where no declaration is to be made, the state of actual war could only be created by the employment of force or being in a condition to employ it.
But the term having been adopted by our constitution, must be understood in that sense in which it was universally received in this country, when the constitution was framed. The sense in which it was received is to be collected from the most approved authorities of that nation from which we have borrowed the term.
Lord Coke says, that levying war against the king was treason at the common law. "A compassing or conspiracy to levy war, he adds is no treason, for there must be a levying of war in fact." He proceeds to state cases of constructive levying war, where the direct design is not to overturn the government but to effect some general object by force. The terms he employs in stating these cases, are such as indicate an impression on his mind, that actual violence is a necessary ingredient in constituting the fact of levying war. He then proceeds to say, "an actual rebellion or insurrection is a levying of war within this act. "If any with strength and weapons invadive and defensive doth hold and defend a castle or fort against the king and his power, this is a levying of war against the king." These cases are put to illustrate what he denominates "a war in fact." It is not easy to conceive "an actual invasion or insurrection" unconnected with force, nor can "a castle or fort be defended with strength and weapons invadive and defensive" without the employment of actual force. It would seem to have been the opinion of Lord Coke, that to levy war there must be an assemblage of men in a condition and with an intention to employ force. He certainly puts no case of a different description.
Lord Hale says, (149, 6) "what shall be said a levying a war is partly a question of fact, for it is not every unlawful or riotous assembly of many persons to do an unlawful act, though de facto they commit the act they intend, that makes a levying of war; for then every riot would be treason, &c." "but it must be such an assembly as carries with it speciem belli , the appearance of war, as if they ride or march vi et armis  explicatis , with colors flying, or if they be formed into companies or furnished with military officers, or if they are armed with military weapons, as swords, guns, balls, halberds, pikes, and are so circumstanced that it may be reasonably concluded they are in a posture of war, which circumstances are so various that it is hard to describe them all particularly."
"Only the general expressions in all the indictments of this nature that I have seen are more guerrino arraiti ," arrayed in warlike manner."
He afterwards adds, "If there be a war levied as is above declared, viz. an assembly arrayed in warlike manner, and so in the posture of war for any treasonable attempt, it is bellum livatum but not pereussum ."
It is obvious that Lord Hale suppos-

an assemblage of men in force, in a military posture, to be necessary to constitute the fact of levying war.—The idea he appears to suggest, that the apparatus of war is necessary, has been very justly combat by an able judge who has written a valuable treatise on the subject of treason; but it is not recollected that his position, that the assembly should be in a posture of war for any treasonable attempt, has ever been denied. Hawk. ch. 17, sec. 23, says, "That not only those who rebel against the king and take up arms to dethrone him, but also in many other cases, those who in a violent and forcible manner withstand his lawful authority are said to levy war against him, and therefore those that hold a fort or castle against the king's forces, or keep together armed numbers of men against the king's express command, have been adjudged to levy war against him."
The cases put by Hawkins are all cases of actual force and violence. "Those who rebel against the king and take up arms to dethrone him," in many other cases those "who in a violent and forcible manner withstand his lawful authority." "Those that hold a fort or castle against his forces, or keep together armed numbers of men against his express command."
The cases are obviously cases of force and violence.
Hawkins next proceeds to describe cases in which war is understood to be levied under the statute, although it was not directly made against the government. This lord Hale terms an interpretative or constructive levying of war; and it will be perceived that he puts no case in which actual force is dispensed with.
"Those also, he says, who make an insurrection in order to redress a public grievance, whether it be a real or pretended one, and of their own authority attempt with force to redress it, are said to levy war against the king, although they have no direct design against his person, inasmuch as they insolently invade his prerogative by attempting to do that by private authority which he by public justice ought to do, which manifestly tends to a downright rebellion. As where great numbers by force attempt to remove certain persons from the king, &c." The cases here put by Hawkins of a constructive levying of war, do in terms require force as a consistent part of the description of the offence.
Judge Foster, in his valuable treatise on treason, states the opinion which has been quoted from lord Hale, and differs from that writer so far as the latter might seem to require swords, drums, colors, &c. what he terms the pomp and pageantry of war, as essential circumstances to constitute the fact of levying war. In the cases of Damaree and Purchase, he says, "the want of those circumstances weighed nothing with the court, although the prisoner's counsel insisted much on that matter." But he adds, "the number of the insurgents supplied the want of military weapons: and they were provided with axes, crows and other tools of the like nature, proper for the mischief they intended to effect. Furor arma ministrat. "
It is apparent that judge Foster here alludes to an assemblage in force, or as lord Hale terms it, "in a warlike posture"—that is in a condition to attempt or proceed upon the treason which had been contemplated. The same author afterwards states at large the cases of Damaree and Purchase from 8th state trials, and they are cases where the insurgents not only assembled in force, in the posture of war, or in a condition to execute the treasonable design, but they did actually carry it into execution, and did resist the guards who were sent to disperse them.
Judge Foster states, sec. 4, all insurrections to effect certain innovations of the public and general concern by an armed force , to be in construction of law, high treason within the clause of levying war.
The cases put by Foster of constructive levying of war, all contain as a material ingredient, the actual employment of force. After going through this branch of his subject, he proceeds to state the law in a case of actual levying of war, that is where the war is intended directly against the government.
He says, sec. 9, "An assembly armed & arrayed in a warlike manner for a treasonable purpose is bellum tritum though not bellum fucissum . Listing and marching are sufficient overt acts without coming to a battle or action. So cruising on the king's subjects under a French commission, France being then at war with us, was held to be adhering to the king's enemies though no other act of hostility be proved."
"An assembly armed and arrayed in a warlike manner for any treasonable purpose," is certainly in a state of force—in a condition to execute the treason for which they assembled. The words "enlisting and marching," which are overt acts of levying war, do in the arrangement of the sentence, also imply a state of force, though that state is not expressed in terms for the succeeding words, which state a particular event as not having happened, prove that event to have been the next circumstance to those which had happened—they are "without coming to a battle or action." "If men be enlisted and marched," (that is, if they march prepared for action or in a condition for action, marching is a technical term applied to the movement of a military corps) it is an overt act of levying war though they
do not come to a battle or action. This exposition is rendered the stronger by what seems to be put in the same sentence as a parallel case with respect to adhering to an enemy. It is cruising under a commission from an enemy without committing any other act of hostility. Cruising is the act of sailing in warlike form and in a condition to assail those of whom the cruiser is in quest.
(TO BE CONTINUED.)
Foreign Intelligence.
New York, Sept. 12.
The fast sailing ship Robert Burns, captain Waite, arrived at this port at a late hour last night, in 31 days from Liverpool, and brings London dates to the 8th August and Liverpool to the 10th. Also dispatches from the American legation in London to the secretary of state. When the Robert Burns sailed the American vessels were hurrying off being in daily expectation of an embargo. A London paper of the 8th says, "that as yet there has been no embargo laid on American vessels. The Cincinnati sailed on the 9th, the Liberty on the 10th."
The fast sailing ship George, captain Taylor, arrived at this port last evening, in 28 days from Greenock. She left there on the 13th of August; and captain Taylor has obligingly furnished the editor of the Mercantile Advertiser with Greenock papers to the 12th, a file of the London Courier to the 9th, a Liverpool paper of the 6th, and the Clyde Shipping List to the 12th, inclusive. We have availed ourselves of all these resources: but our paper being pre-occupied at the time they came into our hands, our political extracts have necessarily been confined. We have in reserve the treaty between France and Prussia, the 87th Bulletin from the Grand Army, and several other interesting articles, which shall be duly noticed in our next number.
The London papers are crowded with extracts from American papers, relative to the attack upon the frigate Chesapeake, by his Britannic Majesty's frigate Leopard, which made a very alarming impression upon the minds of the merchants and manufacturers in England.
LONDON, August 4.
The differences with America are likely to be adjusted. The right of searching ships of war has never, it is said, been insisted upon by our ministers.
AUG. 7.
We understand that orders have been issued to Liverpool and other ports, from the Alien Office, desiring that all passports granted before and since the embargo be considered as null; and that no foreigners be permitted to leave the country.
AUGUST 8.
It was yesterday strongly reported that the Swedes and the German Legion had made a sortie from Stralsund, and killed, wounded, and made prisoners, 5000 Dutch and Spanish troops.—Government have received no accounts with respect to the sortie, and no advices have been received from the continent this morning.
It was reported last night, that accounts had been received via Portugal, of an attack having been made upon Buenos Ayres, which had failed. We trust the rumor will prove unfounded.
It was reported yesterday evening, that a general embargo had taken place. The American captains caught the alarm, and no less than twelve of them cleared out their vessels in ballast, and dropped down the river immediately. The rumor is unfounded. It is perfectly true, however, that no passports are granted, and no foreigners permitted to leave the country.
AUGUST 9.
Up to this hour no advices have been received from either the one or the other division of our fleets, which have proceeded on the expeditions.
Yesterday the Funds experienced a trifling advance, in consequence of the receipt of the Russian treaty, which, it had been reported, contained articles hostile to the interests of this country. Mr. Jackson's mission to the continent, we are informed, was in consequence of the 13th article of this treaty, which proposes the mediation of Russia to promote a peace between Britain and France. Our ministers, it is stated, have professed their desire for a permanent and equitable peace. Mr. Jackson is instructed to inquire the basis on which France is disposed to treat with us, to enter into explanation of the views of our cabinet, and to create, by every honorable means, facilities to negotiations. The Emperor Alexander, we are assured, has renewed to our cabinet, declarations of the most cordial and animated friendship.
Nothing transpired yesterday respecting the expeditions—the wind having changed to the Northward, information of their progress is hourly expected by ministers. The troops which embarked at Hull and Grimsby, still remain there; other corps have been ordered to join them, and they are expected to sail the latter end of the week.
Observer.
We are still without any further accounts of the progress of our grand expedition, towards which public expectation is now so anxiously directed.—The promptitude and vigor with which it has been sent on its important desti-
nation, are, we believe, unexampled.—For what remains to be done, we are to look to British valor and enterprize; and in this view experience forbids us to apprehend any disappointment.
Englishman.
Yesterday a bag of letters was received at the Post Office from Rotterdam, with letters dated on Saturday last. The expeditions from this country occasioned much speculation and alarm in Holland. The garrisons of Alkmar, Medinblick, &c. had been marched to the Helder, and the troops at Flushing had, in like manner, been re-enforced by drafts from the neighbouring garrisons, under an apprehension that those places were the objects of our attack.
Dispatches were yesterday afternoon received at the Foreign office from the Court of Sweden.—Their contents have not transpired.
The expected embargo on American vessels has not yet been adopted, but we are without the means of judging of the cause of this forbearance.—We are informed that the American minister yesterday communicated to our Cabinet, the Proclamation of the American Executive.
STRALSUND.
The following is a journal of the events which have taken place before Stralsund, since the Swedes were compelled to shut themselves up in the fortress:—
STRALSUND, July 15.
"On Monday hostilities commenced, and yesterday the French were only two miles outside our gates. I stood with a gentleman on the ramparts, near two hours, looking on, for we could see every movement quite distinctly. The French drove on, and at length all the Swedes, (no British troops were out) about eight thousand, returned into the garrison, and we commenced a fire from the town on the French line; 30 were wounded out of the town, 2 killed and 1 officer. We are now shut up in the garrison; there is but little firing today. The French are now regularly attacking the town, by constructing approaches. The king was out a great deal. I saw him yesterday; saw all the troops come in, the wounded, &c. The transports are detained, and probably the troops will be sent home again; at present they are pushing them on here as fast as possible. In about a week I suppose we shall be bombarded, if the troops don't make a sally; and people here seem to fear if they do, the French will get in with them, as they have done before at Bois-le-Duc, &c. Three regiments of German Legion Infantry, and one of cavalry, are here now, about 3000 men; the rest in full march through Rugen, and about 8000 Swedes; it will take 18 or 20,000 men to garrison these works, I find. The cavalry with the enemy are Spanish, the other troops Italians and Dutch. A village was burnt yesterday, just outside the walls by lightning; we have had a great deal lately."
JULY 17.
"Lord Cathcart arrived last night at 7 o'clock, and is much disappointed at our cooped up condition. Nothing new since yesterday. I have not been able to walk to the ramparts to get a look at the French, all yesterday or today. Lord Cathcart will now, I think, decide whether we are to return or attack; we expect rather to return."
JULY 19.
"Stralsund is as full as it can cram, and we can go but a quarter of a mile out of town, our friends the French sticking so close as one and a half English miles off. This is Sunday, but all the churches are full of horses, and the pews are filled with soldiers, bread, cheese, &c."
JULY 20.
"The French are working at their batteries as hard as they can; a trifling firing is going on to day. The King I am told waits the arrival of the messenger from the Emperor of Russia, before he does any thing. The piquets of the army are close together. The French are quite round the town."
JULY 20.—5 o'clock in the afternoon.
"I have just learned that lord Cathcart to-morrow removes his head quarters to Bergen, the capital of the Isle of Rugen; in all probability we shall go with him; it is said that the three regiments of the German Legion now here are also to return to Bergen. The king also leaves Stralsund to day. To morrow it is imagined the town will be bombarded, or perhaps to night. They have been sparing at each other all day. Imagine how full this place is, when all the country people, their carts, horses, &c. are driven in from before the enemy, with all the furniture and every thing they could get away."
TREATY BETWEEN FRANCE AND RUSSIA.
From the Royal Hague Courant Extraordinary .—Tuesday, July 28, 1807.
PARIS, JULY 25.
Yesterday afternoon, at 4 o'clock the Prince Arch-Chancellor of the Empire laid the two treaties before the Senate, which have been concluded with Russia and Prussia. He at the same time made a very impressive and dignified address to the Senate.
Between his majesty the Emperor of the French, the King of Italy, and
his majesty the Emperor of all the Russias.
His majesty the Emperor of the French, King of Italy, protector of the Confederation of the Rhine, and his majesty the Emperor of Russia, animated with the same interest in putting an end to the devastations of war, have for this purpose, nominated and furnished with full power on the part of his majesty the Emperor of France and King of Italy, Charles Maurice Talleyrand, prince of Benevento, great chamberlain and minister of foreign affairs, grand cross of the Black, and the red eagle of the order of St. Hubert.
His majesty the Emperor of all the Russias has, on his part appointed prince Kourakin, his actual privy counsellor, member of the council of state, and of the senate, chancellor of all the orders in the empire, ambassador extraordinary, and plenipotentiary of his majesty of all the Russias to his majesty the Emperor of Austria; knight of the Russian order of St. Andrew, of St. Alexander, of St. Ube, of the first class of the order of St. Wolodimir, and of the second class of the Prussian order of the black and red eagle, of the Bavarian order of St. Hubert, and the Danish order of Dannebrog, and of the perfect union, and bailiff and grand cross of the sovereign order of St. John of Jerusalem; and prince Demoty Labanoff Van Rostoff, lieutenant general of the armies of his majesty the Emperor of all the Russias, knight of the first class of the St. Anne, of the military order of St. Joris, and of the third class of the order of Wolodimir.
The above mentioned, after exchanging their full powers, have agreed upon the following articles.
Art. 1. From the day of exchanging the ratification of the present treaties, there shall be perfect peace and amity between his majesty the Emperor of the French and King of Italy, and his majesty the Emperor of all the Russias.
Art. 2. Hostilities shall immediately cease at all points by sea or land, as soon as the intelligence of the present treaty shall be officially received. In the meanwhile, the high contracting parties shall dispatch couriers extraordinary to their respective generals and commanders.
Art. 3. All ships of war or other vessels, belonging to the high contracting parties, or their subjects, which may be captured after the signing of this treaty shall be restored. In case of these vessels being sold their value shall be returned.
Art. 4. Out of the esteem for his majesty the emperor of all the Russias, and to afford to him a proof of his sincere desire to unite both nations in the bonds of immutable confidence and friendship, the emperor Napoleon wishes that all the countries, towns, and territories, conquered from the king of Prussia, the Ally of his majesty the emperor of all the Russias, should be restored, namely, that part of the Duchy of Magdeburgh, situated on the right bank of the Rhine; the Mark of Prignitz; the Uker Mark; the Middle and New Mark of Brandenburg, with the exception of the Circle of Kottbus, in Lower Alsace; the Duchy of Pomerania; Upper, Lower, and New Silesia, and the county of Glatz; that part of the district of the Netze, which is situated to the northward of the road of Dresden and Schuedemuhl through Waldau to the Vistula, and extending along the frontier of the circle of Bombarg; and the navigation of the river Netze and of the canal of Bromberg, from Driesen to the Vistula and back, must remain open and free of all tolls; Pomerellia; the island of Nogat; the country on the right bank of the Vistula and of the Nogat, to the West of Old Prussia, and to the Northward of the circle of Culm; Ermeraud. Lastly, the kingdom of Prussia, as it was on the 1st of January, 1772, together with the fortress of Spandau, Stettin, Castrin, Glogau, Breslau, Schweidnitz, Neisse, Breig, Kosel, and Glatz, and in general all fortresses, citadels, castles, strong holds of the countries above named, in the same condition in which those fortresses, citadels, castles, and strong holds may be at present; also, in addition to the above, the city and citadel of Graudenz.
Art. 5. These provinces, which, on the 1st January, 1772, formed a part of the kingdom of Poland, and have since, at different times, been subjected to Prussia (with the exception of the countries named or alluded to in the preceding article, and of those which shall be described below the 9th article) shall become the possession of his majesty the king of Saxony, with power of possession and sovereignty, under the title of the Duchy of Warsaw, and shall be governed according to a regulation, which shall insure the liberties and privileges of the people of the said Duchy, and be consistent with the security of the neighboring states.
Art. 6. The city of Danzig, with a territory of two leagues around the same, is restored to her former independence, under the protection of his majesty the king of Prussia and his majesty the king of Saxony; to be governed according to the laws by which she was governed at the time when she ceased to be her own mistress.
Art. 7. For a communication between the kingdom of Saxony and the duchy of Warsaw, his majesty the king of Saxony is to have the free use of a military road through the states of

his majesty the king of Prussia. This road, the number of troops which are allowed to pass at once, and the resting places, shall be fixed by a particular agreement between the two sovereigns under the mediation of France.
Art. 8. Neither his majesty the king of Prussia, his majesty the king of Saxony, nor the city of Danzig shall oppose any obstacles whatever to the free navigation of the Vistula under the name of tolls, rights or duties.
Art. 9. In order as far as possible to establish a natural boundary between Russia and the duchy of Warsaw, the territory between the present confines of Russia from the Bug to the mouth of the Lassa shall extend in a line from the mouth of the Lassa along the towing path of the said river, and that of the Bobra up to its mouth; that of the Narew, from the mouth of that river as far as Suradz; from Lissa to its source near the village of Mein; from this village to Nutzick, and from Nutzick to the mouth of that river beyond Nure; and finally along the towing path of the Bug upwards to extend as far as the present frontiers of Russia. This territory is forever united to the empire of Russia.
Art. 10. No person of any rank or quality whatever, whose residence or property may be within the limits stated in the above mentioned article, nor any inhabitant in those provinces of the ancient kingdom of Poland, which may be given up to his majesty the king of Prussia, or any person possessing estates, revenues, pensions or any other kind of income shall be molested in his person, or in any way whatever, on account of his rank, quality, estates, revenues, pensions, income, or otherwise, or in consequence of any part, political or military, which he may have taken in the events of the present war.
Art. 11. All contracts and engagements between his majesty the king of Prussia and the ancient possessors, relative to the general imposts, the ecclesiastical the military or civil benefices, the creditors or pensioners of the old Prussian government are to be settled between the emperor of all the Russias and his majesty the king of Saxony: and to be regulated by their said majesties, in proportion to their acquisitions according to article 5 and 9.
Art. 12. Their Royal Highnesses the Dukes of Saxe Cobourg, Oldenbourg and Mecklenburgh Schwerin, shall each of them be restored to the complete and quiet possession of their estates, but the ports in the Duchies of Oldenbourg and Mecklenburgh shall remain in the possession of French garrisons till the Definitive Treaty shall be signed between France and Britain.
Art. 13. His Majesty the Emperor Napoleon accepts of the mediation of the Emperor of all the Russias, in order to negotiate and conclude a Definitive Treaty of Peace between France and Britain, however, only upon condition that this mediation shall be accepted by Britain in one month after the exchange of the ratification of the present Treaty.
Art. 14. His Majesty the Emperor of all the Russias being desirous on his part to manifest how ardently he desires to establish the most intimate and lasting relations between the two Emperors, acknowledges his majesty Joseph Napoleon, King of Naples, and his Majesty Louis Napoleon, King of Holland.
Art. 15. His Majesty, the Emperor of all the Russias, acknowledges the Confederation of the Rhine, the present state of the possessions of the Princes belonging to it, and the titles of those which were conferred upon them by the act of Confederation, or by the subsequent treaties of accession. His said Majesty also promises: Information being communicated to him on the part of the Emperor Napoleon, to acknowledge those sovereigns who may hereafter become members of the Confederation, according to their rank specified in the Act of Confederation.
Art. 16. His Majesty the Emperor of all the Russias cedes all his property in the right of Sovereignty to the Lordship of Jever, in East Friesland, to his Majesty the King of Holland.
Art. 17. The present treaty of peace shall be mutually binding, and in force for his majesty the king of Naples, Joseph Napoleon, his majesty Louis Napoleon, king of Holland, and the Sovereigns of the Confederation of the Rhine, in alliance with the Emperor Napoleon.
Art. 18. His Majesty the Emperor of all the Russias also acknowledges his Imperial Highness Prince Jerome Napoleon, as King of Westphalia.
Art. 19. The Kingdom of Westphalia shall consist of the provinces ceded by the King of Prussia on the left bank of the Elbe, and other states at present in the possession of his Majesty the Emperor Napoleon.
Art. 20. His Majesty the Emperor of all the Russias engages to recognize the limits which shall be determined by his Majesty the Emperor Napoleon, in pursuance of the foregoing 19th article, and the cessions of his Majesty the King of Prussia (which shall be notified by his Majesty the Emperor of all the Russias), together with the state of possession resulting therefrom, to the Sovereign for whose behalf they shall have been established.
Art. 21. All hostilities shall immediately cease between the troops of his Majesty the Emperor of all the Russias, and those of the Grand belligerent, at all points, wherever official intelligence shall arrive of the signing of the present treaty. The high contracting parties
shall, without delay, dispatch couriers extraordinary to convey the intelligence, with the utmost possible expedition, to the respective generals and commanders.
Art. 22. The Prussian troops shall be withdrawn from the province of Moldavia, but the said provinces may not be occupied by the troops of the Grand Signior, till after the exchange of the ratifications of the future definitive treaty of peace between Russia and the Ottoman Porte.
Art. 23. His Majesty the emperor of all the Russias accepts the mediation of his majesty the emperor of France and king of Italy, for the purpose of negotiating a peace advantageous and honorable to the two powers, and of concluding the same.
The respective Plenipotentiaries shall repair to that place which will be agreed upon by the two powers concerned, there to open the negotiations, and to proceed therewith.
Art. 24. The periods within which the high contracting parties shall withdraw their troops from the places which they are to evacuate pursuant to the above stipulations, as also the manner in which the different stipulations contained in the present treaty shall be executed, will be settled by a special agreement.
Art. 25. His Majesty the Emperor of the French, King of Italy, and his Majesty the Emperor of all the Russias, mutually ensure to each other the integrity of their possessions, and of those of the powers included in this present treaty, in the state in which they are now settled, or further to be settled, pursuant to the above stipulations.
Art. 26. The prisoners made by the contracting parties, or those included in the present treaty, shall be restored in a mass, and without any cartel of exchange, on both sides.
Art. 27. The commercial relations between the French empire, the kingdom of Italy, the kingdom of Naples and Holland, and the confederated states of the Rhine, on the one side, and the empire of Russia on the other, shall be replaced on the same footing as before the war.
Art. 28. The ceremonial between the two courts of the Tuileries and Petersburg, with respect to each other, and also their respective ambassadors, ministers, and envoys, mutually accredited to each other, shall be placed on the footing of complete equality and reciprocity.
Art. 29. The present treaty shall be ratified by his majesty the emperor of the French, king of Italy, and his majesty the emperor of all the Russias; the Ratifications shall be exchanged in this city within the space of four days.
Done at Tilsit, 7th July (25th June) 1807. (Signed) C. M. TALLEYRAND, Prince of Benevento. Prince ALEX. KOURAKIN. Prince D. L. VAN ROSTOFF. A true copy, Signed, C. M. TALLEYRAND, Prince of Benevento.
LONDON, Aug. 7. The following letter has been transmitted to Ireland, and circulated there:—
Whitehall, July 23. My Lord—I have the honor to transmit to your Grace the copy of a notice given by the Commissioners of the Customs to the merchants concerned in the trade with the United States of America, and to the masters of all American vessels informing them that according to a determination of the Lords of his Majesty's most honorable Privy Council, ships being American property, but not the built of America or condemned as prize within the United States, sailing under sea letters, cannot be considered as American vessels, and consequently entitled to import into this kingdom, under the 37th Geo. III. cap. 97. which act was continued until the 1st June, 1807, by the 46th of his Majesty, cap. 16, and the regulations contained therein, directed by his Majesty's order in Council, dated 27th May, 1807, to be duly observed until other provisions should be made; and directing the officers of that Revenue to conform to the above determination of their Lordships so far as they were or might be respectively concerned; and I have to request, that your Grace would give directions for promulgating the same among the merchants in Ireland concerned in the trade with the United States.
At the same time, in order to prevent inconvenience to the merchants from the said determination not having been sooner made known to them, I beg leave to recommend to your Grace to give directions for, admitting to entry such American ships of the above description as may arrive in the ports of Ireland prior to the 31st of October; after which day, the rule that ships being American property, but not of the built of America, and sailing under sea letters should not be considered as entitled to import under the act 37th Geo. III. cap. 97. should be invariably adhered to.
I have the honor to be, &c. HAWKESBURY.
AUGUST 8. A war with America is spoken of in the Ministerial circles as an event that will certainly take place.
In the House of Commons the 7th of August, in a debate on the consolidated fund bill.
Sir Thomas Turton thought, that in the present circumstances it was necessary to give confidence to Ministers. Russia and Prussia were prostrated at the feet of France, and our disputes with America increased. The conduct of the latter country was owing entirely to the pusillanimity of the late Ministry, who treated with America with a pistol at their breasts.
Mr. W. Smith, adhered to what had been said by Sir Thomas Turton relative to America, and said, that when that country was mentioned it could not be in a language too moderate or too conciliatory. He was certain that Ministers had a very difficult task to perform with respect to America, and he believed they would be very cautious how they followed the advice of the Honorable Bar. met.
LONDON, Aug. 8. A considerable sensation was produced in the city yesterday, by a report that an embargo would be laid this day on all American vessels. Several Captains belonging to that country caught the alarm, cleared their vessels out in ballast, and immediately took their departure. The situation in which this country stands with respect to America is certainly very critical, but we trust their differences are not so incapable of accommodation as to require so harsh a proceeding as this. The Americans, with all their noise and intemperance, had not according to the last accounts proceeded to this extremity. Refusal of supplies, and prohibition of intercourse with the shore, it appears, were the harshest measures recommended at the most violent of their meetings. We understand that orders have been expedited at Liverpool, and other ports, to prevent for the present, the departure of any foreigners from this country, notwithstanding any passport that may have been granted for that purpose. It is possible that this measure has given rise to the rumour of the intended embargo.
AUG. 3. From America, we have accounts two days later than any before received. By these it appears, that Mr. Erskine was not present at the examination of the men at Washington; but still it is maintained that they are American citizens. Burrion was dismissed from the Chesapeake in great disgrace. It is alleged against him that he ought to have been ready to oppose his enemy while his ship had a plank remaining whole. Mr. Munroe has received dispatches from his Government, and has had an interview with Mr. Canning. The Americans insist on the right of searching being abandoned by Britain; the doctrine is opposed by us; and, if the dispute is not and cannot be adjusted, blows must and will most assuredly be resorted to.
GLASGOW, Aug. 10. By a vessel which left New-York on the 14th of July, and arrived at Liverpool on Thursday, we have been put in possession, through the politeness of a mercantile house in this city, of a copy of the President's Proclamation, and of other interesting intelligence from America, of the latest date. On the matter of right, we shall at present avoid all discussion. As to the probable consequence of the present dispute, our opinion inclines to war. All armed ships in British commission are prohibited from entering American ports; those at present in American ports are ordered instantly to depart, and all intercourse with them is prohibited. The only condition held out to our government in the President's Proclamation is reparation, a word of much moment, and of very indefinite interpretation. We think it most probable that our ministers will support admiral Berkely, and vindicate his conduct.
PARIS, July 12. The Monitor contains a very circumstantial account of the late events in Turkey. It says—"The revolution at Constantinople will occasion no interruption in our relations with the Porte, but, on the contrary, that the French interest will be greatly strengthened thereby.
BANKS OF THE ELBE, July 20. The battle after which the Swedes retreated must have been very bloody on both sides. The report is confirmed that Swedish flags of truce have arrived at the French head-quarters.
CONSTANTINOPLE, July 17. The Turkish fleet has sailed from the Dardanelles, and given battle to the Russians, off the Isle of Tenedos. Both fleets were nearly of equal strength. The action lasted seven hours, and was severely contested; and though five Turkish ships were blown out of the line, yet the Captain Pacha, Saib Ali, proved victorious, and the Russians were obliged to retreat to Imbria. No ship was either taken or destroyed on either side, but both fleets were roughly handled and lost many men. The Captain Pacha has returned to the Dardanelles, and expects some reinforcements to renew his attack.
ATTENTION! A meeting of the WASHINGTON ARTILLERY COMPANY, is requested this evening without uniform, at Myer's hotel, at half past 6 o'clock, on business of importance. Punctual attendance is expected. September 16—
WASHINGTON CITY, WEDNESDAY, SEPTEMBER 16.
In consequence of the most unexpected failure of our regular supply of paper, which has been above two weeks on the water from Baltimore, we are obliged to publish the National Intelligencer on paper of a reduced size. The decided arrangements adopted will, we trust, prevent the recurrence of a like disappointment.
New York, September 9. Yesterday the brig of war Columbine sent a boat to the pilot boat Brothers, with an officer and 5 men, who, after putting an officer on board the pilot boat, made off and landed on the point of the Hook, where they gave three cheers. The pilot boat then took the officer on board the brig.
Important from Canada. In a Quebec paper of August 13, is a proclamation laying an embargo on all "vessels wholly or partly laden with warlike stores of any denomination." The embargo is to continue till January. Another proclamation ordains, that the Legislative assembly of Lower Canada be convened on the 25th September, to act upon matters concerning the state and defence of the province.
A gentleman from Quebec informs, that the British are busy in clearing the plains before that city; that they have collected there most of the cannon and military stores; and that the troops have lately received their pay to encourage them. Two Vermonters are among the persons confined at Quebec, for endeavoring to entice soldiers to desert.
Philadelphia, Sept. 12. A letter from Hamburg, dated July 8, says—"The British Consul at Altona has officially announced to Mr. Forbes the American Consul here, that neutral ships laden with neutral property, bound to Gluckstadt and Altona, will be allowed to enter the Elbe, and also to depart therefrom with neutral lading."
The following depositions and documents prove the nativity of the THREE SEAMEN taken from the CHESAPEAKE.
STATE OF MARYLAND, } Alleghany county, ss. } Upton Bruce being duly sworn on the Holy Evangelists of Almighty God, deposeth and sayeth, that among the servants belonging to his father, (Norman and Bruce) is a female slave named Phillis, a dark mulatto; that at an early age, she became the mother of two children, as was universally admitted, by a white man, named Andrew Ware. This fact was never questioned, and Ware himself, never to my knowledge denied it. The children passed for, and were admitted to be his, and assumed his name—one was a boy, and being myself older than either of them, and brought up as it were in the same family, nothing like doubt rests upon my mind as to his birth and parentage; I am as well assured of it, as I can be of any fact of the kind, and no one that I heard, ever presumed to suppose otherwise. This boy was raised upon my father's farm, on Pipe Creek, at the mills in Frederick county, and being the child of a slave, was reared with the children of other slaves, and stood upon the same footing. His mother is still living, she it was that nursed him in his infancy, and she, he considered, acknowledged and treated as his mother. When I engaged in the management of my father's property, which I did on reaching the years of manhood, this boy was then, about twelve or fourteen years old, and he remained along with the other servants until about the age of twenty, when, in consideration of his color, the regard I had for his father, (then dead) and the desire expressed by that father to have these children liberated, this boy was suffered to go at large, he promising to make some compensation, which never has been done. After leaving me, he was working about the country some few years, employed, sometimes as a waggoner, driving a team to and from Baltimore, until at length I learned, he entered on board some vessel and had gone to sea: and this life I had reason to believe he persevered in, until for some time past hearing nothing of him, I supposed it probable he might be dead. His appearance may have changed since I last knew him, he then had his growth in height, and was as near as I could now guess, about five feet, six or seven inches high, of slender make, a thin foot, and he bent or stood rather back upon his hams—his face somewhat round, a nose not large, lips not thick, and a chin rather small—his color was swarthy or Indian like; remarkably bright though for a mulatto, and would pass for something nearer white—his hair was of a darkish color, inclined to curl, which he sometimes kept tied, and which upon inspection would shew to be different from the hair of a white man, and yet far removed from the wool of an African. He went by the name of Romulus, and is, I should imagine, now about the age of twenty eight or thirty.
UPTON BRUCE. Sworn to and subscribed before me a justice of the peace for Alleghany county, this 18th of July, eighteen hundred and seven. THOMAS THISTLE.

State of Maryland, Allegany County, to wit:
I hereby certify that Thomas Thistle, Esquire, before whom the foregoing deposition appears to have been made, and who has thereto subscribed his name, was at the time of taking and signing the same, one of the state of Maryland's justices of the peace in and for Allegany county aforesaid, duly commissioned and sworn. And, to all his acts as such, due faith and credit is, and ought to be given as well in courts of justice as thereout.
In testimony whereof, I have hereunto subscribed my name and affixed the seal of Allegany county court, this eighteenth day of July, in the year of our Lord eighteen hundred and seven, and thirty second year of the Independence of the United States of America.
JOHN LYNN, Clk. Of Allegany County.
STATE OF MARYLAND, } Allegany county, ss. }
William Macneer being duly sworn on the Holy Evangelists of Almighty God, deposeth and sayeth, it is about twelve years ago, when he was employed as an overseer, by Upton Bruce, son of Normand Bruce, who then lived with his father, on the farm at Pipe Creek, of which he then had the management, his father giving it into his hands, and that, among the lads under his direction, was one of a very bright color, like a very dark white man, and plainly showed the mixture and as descending from white and black parents—that among the female slaves was one called Phillis, who acknowledged this boy as her child, and no doubt could be of the fact, and was so universally known by the whole family and neighborhood. His mother was a dark mulatto, and his father, as was well understood, was Andrew Ware, who I knew well. This boy was as much a slave to Mr. Bruce as any other he had, and no doubt was suggested to the contrary that ever I heard, nor was his origin or birth questioned—that he is by guess five feet seven inches high, rather slender made, his hair rather curly, and his age, to the best of this deponent's knowledge, is now about thirty years—that he understood he made some agreement with his master, by which he was suffered to go at large; and the last time this deponent recollects to have seen him was driving a team on the Baltimore road, between six and seven years ago—that he then passed by the name of Romulus, and this deponent understood he afterwards took to the sea.
WILLIAM MCNAIR.
The within sworn to this 17th day of July, 1807, before me, one of the justices of the peace for Allegany county aforesaid.
ANDREW BRUCE.
STATE OF MARYLAND, } Allegany county, to wit: }
I hereby certify, that Andrew Bruce, Esq. before whom the depositions hereto annexed appear to have been taken, and who has thereto subscribed his name, was at the time of taking and signing the same, one of the state of Maryland justices of the peace, in and for Allegany county aforesaid, duly commissioned and sworn, and to all his acts as such, due faith and credit is, and ought to be given as well in courts of justice as thereout.
In testimony whereof I have hereto subscribed my name, and affixed the seal of Allegany county court, this eighteenth day of July, in the year of our Lord, eighteen hundred and seven, and thirty second year of the Independence of the United States of America. JOHN LYNN, Clk. of Al. co'ty.
STATE OF MARYLAND, } Allegany county, ss. }
Sarah Lewis being duly sworn on the Holy Evangelists of Almighty God, deposeth and sayeth, that she lived many years in Frederick county, of this state—that she lived in the neighborhood of Normand Bruce's family, was well acquainted there—and that among his servants she well recollects having noticed a very bright mulatto child, approaching nearer to white than any mulatto she ever saw—that at the time she first noticed this child, he was about four or five years old—that his birth or origin she never heard doubted his being the child of Phillis, a dark mulatto woman (slave to Normand Bruce, who lived on Pipe Creek) by Andrew Ware, a white man—that she knew the said child from that time until he grew up, and reached near the age of twenty—that during that time he remained in the family of the said Bruce as his slave, upon the same footing and treated as his other slaves—that when he grew up he was not a large man, being spare, a round or flatish face—that he must now be about thirty years of age or upwards—that then he passed and was called by the name of Romulus—that his mother had a daughter by the same father, as was acknowledged and as appeared from her color and resemblance to her brother. He left the service of his master by his permission or some agreement, I suppose, and as I understood afterwards went to sea.
her SARAH LEWIS, mark.
Sworn to this 17th day of July, 1807,
before me, one of the justices of the peace for Allegany county aforesaid.
ANDREW BRUCE.
STATE OF MARYLAND, } Allegany county, to wit: }
William Bruce being sworn on the Holy Evangelists of Almighty God, deposeth and sayeth, that about the age of twelve years he went to Frederick county, and lived with his uncle, Normand Bruce, on Pipe Creek, for several years, going occasionally to school—that among the other servants, he well remembers a remarkably bright mulatto boy, or he might pass for a very dark, swarthy white one. This boy I always understood was the son of a slave, named Phillis, by a white man, called Andrew Ware. I never heard to the contrary, nor can I doubt it, the boy acknowledging this Phillis as his mother, and she receiving him as her child, and it was so admitted and understood by the whole family and neighborhood. I knew this boy for several years afterwards, & until he grew up. He was in height about five feet five or six inches, his hair dark and somewhat curly, and his make thin. He went by the name of Romulus, and I know of no particular mark to distinguish him, except a scar on one of his thumbs, I think occasioned by a bite in some fight he had, and is now I suppose about twenty eight or thirty years of age—and further this deponent saith not.
WILLIAM BRUCE.
Sworn and subscribed to this 18th day of July, 1807, before
GEORGE RIZER.
STATE OF MARYLAND, } Allegany county, to wit: }
I hereby certify, that George Rizer, Esq. before whom the within deposition appears to have been made, and who has subscribed his name thereto, was at the time of so doing one of the state of Maryland justices of the peace, in and for Allegany county aforesaid, duly commissioned and sworn; and to all his acts as such, due faith and credit is and ought to be given, as well in courts of justice as thereout.
In testimony whereof, I have hereto subscribed my name, and affixed the seal of Allegany county court, this 18th day of July, in the year of our Lord, eighteen hundred and seven, and thirty second year of the Independence of the United States of America.
JOHN LYNN, Clk. Al. co'ty.
The deposition of Greenbury Griffin, of Talbot county, and the state of Maryland, aged about thirty seven years, taken before William Lindsey, Gentleman, one of the Justices of the peace for Queen Anne's county, duly commissioned, and qualified as such, this 4th day of August, in the year of our Lord one thousand eight hundred and seven, saith, that John Strahan or Strathan, the son of Samuel Strathan, of Queen Anne's county and state of Maryland, was bound to him to the sea service, about the year eighteen hundred and two, (as the indenture will show, which will be procured as part of this deponent's information) that the said John left the said Greenbury about the year eighteen hundred and four, at Norfolk; at this time he was sailing with a certain captain John Kemp, from Trinidad to Norfolk aforesaid—that this deponent has not seen the said John Strahan since—that the said John Strahan has a light sandy complexion, and looks older than he really is, and a pretty well made man.
Sworn before me the day and year aforesaid.
WM. LINDSEY.
The State of Maryland, Queen Anne's County, to wit:
I do hereby certify all whom it doth or may concern, that William Lindsey, Gentleman, before whom the within deposition appears to have been taken and who hath subscribed his name, was at the time of so doing, and still is one of the justices of the peace of the state of Maryland, in and for the county aforesaid, duly commissioned and sworn, and to all acts done by him as such due faith and credit is and ought to be given as well in courts of Justice as thereout.
In testimony whereof I have hereunto subscribed my name and affixed the public seal of my said office, this sixth day of August, Anno Domini eight hundred and seven. SAMUEL T. WRIGHT, Clk, of Queen Anne's County Court.
This indenture made the 20th day of March, in the year of our Lord, 1802, witnesseth that John Strathan of Queen Anne's county, aged seventeen years and ten months, hath of his own free and voluntary will, placed and bound himself apprentice unto Greenbury Griffin, of Talbot county, waterman, to learn the said trade, mystery, or occupation of a waterman, which he the said Greenbury Griffin now useth, and with him as an apprentice to dwell, continue and serve, from the day of the date hereof, unto the full end and term of three years and two months from thence next ensuing, and fully to be completed and ended, during all which term of three years and two months, the said apprentice, his said master well and faithfully shall serve, his secrets keep, his lawful commands gladly do and obey, hurt to his said master he shall not do, nor wilfully suffer to be done by others, but of the same, to the utmost of his power, shall forthwith give notice to his said master—the goods of his said master he shall
not embezzle nor waste, nor them lend, without his consent, to any, at cards, dice, or any other unlawful games he shall not play, taverns or ale houses he shall not frequent, fornication he shall not commit, matrimony he shall not contract, from the service of his said master he shall not at any time depart or absent himself without his said master's leave, but in all things as a good and faithful apprentice, shall and will demean and behave himself towards his said master, and all his, during the said term and the said master, in consideration of the sum of thirty pounds of lawful money of Maryland, to him in hand paid by his said apprentice in the said trade, mystery or occupation of a waterman, which he now useth, with all things thereunto belonging, shall and will teach, instruct, or cause to be well and sufficiently taught and instructed, after the best way and manner he can, and shall and will also find and allow unto his said apprentice meat, drink, washing, lodging and wearing apparel, and all other necessaries fit and convenient for such an apprentice, and also the said master is to give unto the said apprentice six months schooling, within the said term. In witness whereof, either of the parties have hereunto set their hands the day and year within written.
JOHN STRATHAN, GREENBURY GRIFFIN.
Witness, John Merchant, Tho's Lambdin, John McDaniel.
Rec'd 21st March, 1802. In Orphan's Court, April 13th, 1802. The within indenture was examined and approved. Cert'd per
J. PRICE, Reg. of Wills.
Talbot County, ss. In testimony that the within is truly copied from Liber J. P. No. A. folios 247 and 248, one of the record books belonging to my office, I have hereunto set my hand and the seal of my office affixed, this twenty first day of August, Anno Domini, eighteen hundred and seven.
Test, JA. PRICE, Reg. of wills for Talbot county.
The deposition of James Roe Pratt, of Queen Anne's county, and state of Maryland, aged about forty five years, taken before William Lindsey, Gentleman, one of the justices of the peace for the said county, duly commissioned and qualified as such, this fourth day of August, in the year eighteen hundred and seven, saith, that he is well acquainted with Samuel Strahan, and his son John Strahan, who he understood was bound to Greenbury Griffin; that the said John is a well made man, and has a sandy complexion—and further saith not.
Sworn before me this day and year aforesaid.
WM. LINDSEY.
The deposition of John Price, of Kent Island, in Queen Anne's county, and state of Maryland, aged about forty one years, taken before William Lindsey, Gentleman, one of the justices of the peace for said county, the fourth day of August, in the year of our Lord one thousand eight hundred and seven, saith, that he was well acquainted with Samuel Strahan, late of Queen Anne's county, and his son John Strahan—that the said John Strahan was a well made young man, and had a sandy complexion—that this deponent knows nothing of his going to sea, or any thing of him for many years, until the late information of his being pressed into the British service.
Sworn before me the day and year aforesaid.
WM. LINDSEY.
The deposition of Thomas Lynch, of Queen Anne's county, and state of Maryland, aged about forty-seven years, taken before William Lindsey, Gentleman, one of the justices of the peace for said county, the fourth day of August, in the year of our Lord one thousand eight hundred and seven, saith, that he is well acquainted with the aforesaid Samuel Strahan, and his son John, who was bound apprentice to the aforesaid Greenbury Griffin, as the father had frequently informed him—that the said Samuel Strahan lived at the tan-yard of Mr. Tilghman, between Centreville and Queen's Town, and that John Strahan, the son of the said Samuel was born there—that he was a well made young man when he left his father—and has a sandy complexion—and that he had pretty good information in the tanning business.
Sworn before me the day and year aforesaid.
WM. LINDSEY.
The deposition of Samuel Strahan or Strathan, as generally called here, of Caroline county, and state of Maryland, aged about fifty-six years, taken before William Lindsey, Gentleman, one of the justices of the peace for Queen Anne's county, duly commissioned and qualified as such, this fourth day of August, in the year of our Lord one thousand eight hundred and seven, saith, that he has, or had a son called John Strahan or Strathan, as they are called here, born about the fourteenth day of April, seventeen hundred and eighty four, as well as he recollects, that this son was bound apprentice to a certain Greenbury Griffin, who was then a seaman, and employed in the West India business, as he understood, that he has ne-
ver seen his said son since, nor heard from him for several years, until the notification from the government of the United States—that this son was pretty well made, and had a light sandy complexion, and that he was born at the tan-yard, belonging to a certain William Tilghman, on the public road from Centreville to Queen's Town.
Sworn before me the day and year aforesaid.
WM. LINDSEY.
[Each of the foregoing depositions is accompanied by a similar certificate of office, as the first.]
The following is extracted from the signatures to the original articles of agreement and roll of equipage of the schooner Eagle, Greenbury Griffin, master, bound from Norfolk to St. Bartholomew.
"Aug. 9th—John Strathan, Queen's county, Maryland."
I BENJAMIN DAVIS of Westport in the county of Bristol and Commonwealth of Massachusetts, yeoman, being legally qualified to give evidence, do depose and say, that about fourteen or fifteen years ago, William Howland, late of said Westport, mariner, deceased, brought to Westport with him a colored boy, then about six years of age; that the name of the said boy was Daniel Martin, that he was bound to the said William, as an apprentice or servant, under the authority of the laws of this Commonwealth, by the selectmen & overseers of the poor of said town of Westport, and the indentures were executed at the house of this deponent; that the said Daniel was afterwards, on his arrival at the age of fourteen years, an apprentice or servant of Nancy Howland, widow and relict of said William Howland, and it is now about seven years since I have seen the said Daniel. He was then of a common stature, straight built, and without any prominent marks by which to describe his person. It was always understood by me that the said Daniel was from some Spanish settlement in America.
BENJAMIN DAVIS.
United States of America, Commonwealth of Massachusetts, Bristol, ss.
On this 13th day of July, 1807, before me Eli Haskell, notary public, duly elected and qualified, and dwelling in the town of New Bedford; personally appeared Benjamin Davis, esq. and made solemn oath, to the truth of the foregoing statement of affidavit by him subscribed.
In testimony whereof, I have hereunto set my hand and notarial seal, L. s. in such cases used, the day and year first written.
ELI HASKELL, Not. Pub.
I NANCY HOWLAND of New Bedford in the county of Bristol and Commonwealth of Massachusetts, widow and relict of William Howland, late of Westport in said county, mariner, do depose and say that in the month of August in the year of our Lord seventeen hundred and ninety-two, according to the best of my recollection, my said husband brought with him on a voyage from Buenos Ayres, Daniel Martin, a colored boy, then in the seventh year of his age, who was bound to him as an apprentice or servant by his mother; that after the death of my said husband and at the arrival of said Daniel at the age of fourteen years, he bound himself by a law of this commonwealth, to me the deponent, and after living with me about one year, left me, and since that time I have never seen or heard from the said Daniel until the application to take this testimony. At the time the said Daniel left me, he was of about a common stature, and I do not now recollect any peculiar marks by which he could be readily described, he was very straight at that time. The indentures by which he was bound, by accident and length of time are mislaid or lost.
NANCY HOWLAND.
United States of America, Commonwealth of Massachusetts, Bristol, ss.
On this 13th day of July, 1807, before me Eli Haskell, notary public, duly elected and qualified, and dwelling in the town of New Bedford, personally appeared Nancy Howland, and made solemn oath, to the truth of the foregoing statement of affidavit, by her subscribed.
In testimony whereof, I have hereunto set my hand, and affixed my L. s. notarial seal, the day and year above written.
ELI HASKELL, Not. Pub.
The following is extracted from the Portage-bill of the ship Caledonia, Francis Mahaly, master, who failed about the 25th of January, 1802, for Canton, and returned about 13th March, 1803.
"Daniel Martin—seaman—shipped, January 24, 1802—discharged March 14, 1803—time on board, 13 months, 17 days—12 dollars a month—total wages 162 dollars, 75 cents."