The enquirer (Richmond, Va.), 1805-03-26 00:00:00

THE ENQUIRER.
RICHMOND, (Virginia) PUBLISHED BY RITCHIE & WORSLEY, OPPOSITE THE POST-OFFICE...AT FIVE DOLLARS PER ANNUM...payable in advance.
NUMBER 98.]
TUESDAY MORNING, MARCH 26, 1805.
[VOLUME 1.]
CONDITIONS.
 I. THE ENQUIRER will appear twice a week...During the session of Congress and the Virginia Legislature, either a third paper or a supplementary half-sheet, during the week.  II. Terms of payment FIVE DOLLARS per annum, in advance.  III. ADVERTISEMENTS, from those who do not subscribe to the paper, should they not exceed a square in length, shall be inserted for seventy-five cents the first time, fifty cents for each time during three weeks, and for every additional insertion thirty-three cents; long ones in the same proportion.  IV. SUBSCRIBERS shall have their advertisements inserted for fifty cents the first time, and thirty-three cents for every additional insertion. 
Sales at Auction.
On Friday the 29th inst. at the Auction room of the subscribers, will be sold without reserve, on a credit of 60 days, for approved indorsed notes, negotiable in the Bank of Virginia;  20 hhd. and 27 barrels Brown Sugar, 7 hhd. Rum, 20 pieces Irish Linen, 16 do. fine Irish Sheeting, 10 do. do. Downfalls, 16 do. white Russia Sheeting, 25 do. fancy Cotton Hosiery, 40 lbs. Seine Twine.  THOMAS TAYLOR & Co. V. M s . March 21.
Sales at Auction.
Wednesday the 10th day of April next, will be sold, at Public Auction, on a credit of four months, at the dwelling house of Thomas Gilliat:  ALL HIS HOUSEHOLD AND KITCHEN FURNITURE, consisting of a variety of Valuable Articles. At the same time, and on the same terms, will be sold, a pair of elegant well broke CARRIAGE HORSES, & a SADDLE HORSE. On the same day will be rented to the highest bidder, for one or more years, the HOUSE and LOT now occupied by said Gilliat.  THOMAS TAYLOR, & Co. V. M s . March 21.
Auction Sales.
THOMAS TAYLOR & Co.  WILL in future sell at the store occupied by M s W m Hancock & Co. on Wednesdays in each week; and at their office, on Tuesdays and Fridays as usual.  Dec. 1, 1804. eptf
WILLIAM A. BENTLEY has obtained licence to practice the Law.  Richmond, March 23. eS St
I SHALL in future be regular in my attendance upon the Superior Court of Chancery for the Richmond District, the Circuit Federal Court, and the Supreme Court of Appeals; and shall be particularly attentive to any business committed to my care, in either of those courts, as an Attorney at Law. As I purpose declining my practice in the counties of Cumberland, Prince Edward and Charlotte, any business which I may have in them unfinished, in my absence, will be attended to in the two latter by Edward Booker, Esq. and in the former by Samuel Taylor, Esq. Letters addressed to me, by mail, to the Farmville Post-Office, Prince Edward, will be conveniently received and attended to.  March 23. CREED TAYLOR.
FIFTY DOLLARS REWARD.
LOST, on Tuesday evening last in Manchester, a Memorandum Book, containing ten tobacco notes, inspected at Manchester Warehouse, in the name of the subscriber, 2 hhd. of old tobacco at Johnson's Warehouse, in the name of William Williams, and one hhd. in the name of Wm. Hamlin, at Trent's. The book also contained a few bank notes, three bonds for a considerable amount, due to the subscriber, and sundry other papers of no value to any person but the owner.
The above reward will be paid to any person who will deliver the said Memorandum Book, with its contents, to Messrs. Pollock, Treadway & Co. of Manchester, or the subscriber living in Halifax county.
The public are cautioned against purchasing the above tobacco, or trading for the bonds, as measures have been taken at the Warehouses to stop the delivery of the tobacco, and to prevent the payment of the bonds at the houses where they became due.  JOHN CLARK.
The following is the Numbers and Weights of the Tobacco:    March: No. 45 Nett 1266 No. 170 Nett 1361   46 1365 171 1372   47 1477 172 1426   48 1449 535 1461   49 1497 1087 1235   Johnson's - 120 1321 121 1446   The hhd. at Trent's, the number and weight not recollected.  March 22. ep3w
STRAYED from the subscriber, on the 14th day of February last, about six miles from the Coal Pits, in Chesterfield county, TWO MARES, one a black about 4 feet 9 or 10 inches high, 12 or 13 years old, paces naturally, somewhat rubbed with the gear, and shod all round. The other a yellow bay, about 4 feet 10 inches high, 7 years old, a small star in her forehead and a snip on the nose, one hind foot white, and shod all round. Any person that will deliver the said horses to me in Charlotte county, near Bibb's ferry, or lodge information with the printer hereof, shall be handsomely rewarded.  HELLERY MOSELEY. March 23. eptf
MR. ROBERT HILL,
PLEASE to take notice, that on the 30th day of this present month, between the hours of ten o'clock in the morning and six o'clock in the evening of the same day, at the house of Christopher Loving in Fluvanna, I shall proceed to take the depositions of Patrick Williamson and others, who are witnesses for me, in a suit now depending, in the County Court of Fluvanna, in which I am Plaintiff, and you are Defendant.  PETER H. WARE. Fluvanna, March 23.
CASH
WILL be given for 12 or 15 BOTS, from 7 to 15 years old. Enquire of the Printers.  Dec. 1. eptf
BRADDICK & SKIPWITH
HAVE this day dissolved their partnership; for settlement of all accounts, reference is made to S. P. BRADDICK, who alone is hereby authorised to that effect.
S. P. BRADDICK. WILLIAM SKIPWITH. March 8th.
BANK OF VIRGINIA.
THE Shareholders are hereby notified, that the fourth instalment will become due on Saturday the 6th of April, and will be received at the Bank and at the offices of Discount and Deposit at Norfolk, Petersburg and Fredericksburg. Certificates of Stock will after that day be issued on application at the Bank.  March 8, 1805.-(ep1M.)
BURR MILL STONES, of all sizes; and PLAISTER OF PARIS, of an excellent quality, FOR SALE, AS USUAL, BY  WILLIAM DAVIDSON. near the Market. Dec. 4. [eptf.]
NOTICE.
THAT Mr. Anthony Dibrell of Buckingham county, is hereby fully authorised to make sale of one TRACT OF LAND, in Patrick county containing 5000 acres, lying on Dan river---three ditto in Grayson county, lying on the waters of Little Reed Island creek---two of a thousand acres each, and one of 500 acres; the said Dibrell will attend at next April Grayson court for the sale of the said lands for and on behalf of  NATH'L ANDERSON. Albemarle county, March 19, 1805. tds.
FOR RENT:
THE Large White HOUSE at Rocketts, formerly occupied by Mr. William Fenwick, and afterwards by Mr. Braxton Craddock. For terms apply to  GALLEGGO, RICHARD & CO. January 11. (f)
SPANISH HIDES.
FOR SALE, a large quantity of Prime Spanish Hides, on moderate terms. Apply to the subscriber opposite the Post-Office, Richmond.  MICAJAH DAVIS. 2d Mo. 19th. (f)
FOR SALE,
By the Subscribers, at their PAINT & OIL MANUFACTORY, Water-Street, Norfolk:
WHITE LEAD, Yellow Ochre, Venetian Red, Spanish Brown, Black & Lead Colour for painting roofs, Blue and Green in pots of 1, 2 & 3 lbs. each, Vermilion, Prussian Blue, Patent Yellow, Red Lead, Litharge, Sugar of Lead, White Vitriol, Ivory Black.
ALSO 1200 gallons Dutch Linseed Oil, Spirits of turpentine, Copal and turpentine, Varnish and Window Glass, of all sizes. Orders for any of the above articles, left with Messrs. Proffer & Mance, Richmond, will be attended to immediately, by  JOHN RORKE & CO. Norfolk, March 1, 1805. (eptf)
IRISH Linens and Sheetings; Superfine Cloths and Calicoes; India, Italian and French Silks; Do. Mull Mull Mullins; Do. do. do. Hbd. Fines; Fines Mullins, Veils and Shawls; Colonial Mullins; Cambric Dimities & Calicoes; Laced Caps and Veils; Do. Hbd. and Shawls; Do. Gloves and Mitts; Wasp Leather and Kid Gloves. For Sale by  BARTLETT STILL. January 18. (f)
JUST RECEIVED, and for sale at the Office of the ENQUIRER, a few copies of the following BOOKS:  Moore's Anacreon, Life of Doctor Darwin, Report of the Trial of Lord Headfort, Graydon's Digest of the Laws of the U. States, Terrible Tragædian, Volney's View of the United States, &c. &c.  February 5.
FOR CASH.
Will be sold for cash, on Saturday the 30th inst. at the house of Mr. John Trabue, by virtue of a deed of trust from James Cheatham to the subscriber to satisfy sundry debts therein mentioned.
ONE sorrel horse, three feather beds and furniture, and a negro man named Billy or Will---Sale to take place at one o'clock.  ROBERT GRAHAM. Manchester, 19th March. eptf.
NOTICE.
THE election for Common Council-men will take place on the first Wednesday in April next, in the different Wards of this city, to wit: In Jefferson Ward, at the Court-House---In Madison Ward, at the Eagle Tavern, and in Monroe Ward, at the house occupied by Mr. James Ogilvie as an academy.  J. WHITELAW, Serjeant of the City of Richmond. March 12. (1st week)
TO RENT,
AND POSSESSION GIVEN IMMEDIATELY, A TENEMENT on Shockoe Hill, adjoining the house now occupied by Mr. John McCreddie, lately possessed by the Subscriber. There is on it a convenient Wooden House with two rooms, a closet and a passage, on the first floor. Two rooms and a closet above, a kitchen and three cellars below with a Smoke House and Garden.  Wm. LONG. January 17th 1805. (f)
NOTICE.
THE subscribers having put an end to their retail business, request the debtors to this firm to come forward, without loss of time, to have their accounts adjusted, and to pay what may be due. As great indulgence has been already given, further cannot reasonably be expected. George McCreddie will attend at this place, for the purposes of settling the accounts, and receiving payments. Those who do not pay, or give satisfactory assurance of paying soon, must blame themselves if suits are instituted against them.  IRYLE & McCREDDIE. Manchester, Feb. 5.-(ep3w.)
NOTICE.
Mutual Insurance office, Richmond, March 4th, 1805.
THE members of the Mutual Insurance Company against fire on Goods & Furniture in the State of Virginia, are particularly requested to meet at the said office, either in person or by proxy on Monday the 8th of next month (April) on business of the utmost importance to the company. On referring to the 21st article of the Constitution of the said company, it will be found that no member is at present insured, or can be, until a meeting shall be convened, and certain rules and regulations complied with, which, without other matters of much consequence renders it necessary that there should be a strict compliance with the above requisition.
BENJAMIN DUVAL, President. (ep, 3w)
N. BOUDET & SON,
RESPECTFULLY acquaint the Ladies and Gentlemen of this City, that they intend opening a PAINTING ACADEMY this day, Thursday the 21st inst. in the house opposite the Swan Tavern---and which was occupied by Mr. Warrel; where they will take Likenesses in large and in Miniature, in the most elegant style, every morning from 9 until 12 o'clock; (no likeness, no pay) and will teach Drawing by the best and shortest method, three days in the week; viz. Thursday, Friday, and Saturday, from 12 until 2 o'clock. BOUDET, jun. will also teach Dancing at the same house, three days in the week; viz. Thursday, Friday, and Saturday, from 3 until 6 o'clock in the evening. The terms for Drawing are six dollars per month, that will be up in thirty days from the first lesson. The terms for dancing, are five dollars entrance, and ten dollars per quarter, that will be up in ninety days from the first lesson.  March 21. (3t.)
A TRACT OF LAND.
THE subscriber offers for sale, a TRACT OF LAND, on which he at present resides, situated in the county of Westmoreland, and bounded by the rivers Potomac and Toocoomo. This tract contains about seven hundred acres of strong loam ground, one half of which is thickly covered with very valuable pine and oak timber, and the soil will suit the culture of corn and small grain; the situation a very healthy and handsome one, commanding an extensive view up and down the Potomac. The waters to which this land is immediately attached afford an abundance and with great convenience the finest oysters and wild fowl in their season; and fish in great variety and of the finest kinds throughout the year. The purchaser may have the flock of cattle, sheep and hogs, together with the implements of husbandry on the plantation. One half the amount of purchase must be paid at the time of taking possession, which may be had with the close of the present year with an interestable title; for the remainder, twelve months credit will be given on payment being satisfactorily secured.
ALEXANDER PARKER. Westmoreland, March 19. (ep4w.)
Wm. M'KENZIE & Co.
HAVE FOR SALE---4000 Dollars Military Certificates, bearing interest at 6 per cent. and stock of the Bank of Virginia.  February 26. eptf
VALUABLE PROPERTY FOR SALE.
WILL BE SOLD, to the highest bidder, on the premises, on the third day of April next, at 12 o'clock, an undivided moiety in the two lots of ground, formerly the property of Andrew Ronald, dec'd. fronting the Basin of the James River Canal, near the center of the city of Richmond, with an undivided moiety of all the valuable buildings thereon, consisting of a large three story BRICK BUILDING, eighty feet in length, with four frontments, twenty feet wide and forty-five feet in length, with fire places on the first and second floors, roomy garrets in each, with large wheels fixed for hoisting and lowering packages, &c. with dispatch and ease, good dry cellars, with fire places in each. This house has been lately built and in good repair; adjoining is a well finished two story framed dwelling house, thirty eight feet square, with two good cellars, with fire places in each for cooking, in the first and second floors are eight rooms and six fire places. Also, a small two story Brick House with four rooms, with fire places in each, convenient for a store or small family, likewise a small wooden building with a cellar, built for a kitchen, and may be used as a shop; also two stables and a carriage house. The buildings except the kitchen, stable and carriage house, are insured in the Mutual Insurance Company against fire in the State of Virginia, and the premiums paid. The lots front the basin on one side, and are bounded by Cary's street, and the street leading to Shockoe warehouse, on the two other sides of them, and are as convenient for commercial or other business as any in the city.  The terms of sale, will be seventeen thousand dollars in ready money, the residue payable the fifth day of August next, for which residue, bond with approved security will be required. It is deemed unnecessary to state the great value of the above property, to those who reside in this city, but for the information of strangers, the subscriber begs leave to state, that the aforesaid property is immediately opposite the lower part of the basin of the James river canal, where all the produce of the upper country is landed; and to any person desirous of carrying on the commission business extensively, perhaps is superior to any other in this city.  February 8. (f)
WILLIAM AUSTIN.
CHOICE LANDS---FOR SALE. A DIVISION of the famous Saura Town Lands having taken place between the heirs of James Park Farley, Esq. dec'd. and Col. John S. Farley and his sister Mrs. Elizabeth Morison, the subscribers, Robert Taylor of Norfolk, and Charles Duncan at Roslin, near Petersburg, are fully empowered by the said Col. Farley and Mrs. Morison, to dispose of their proportion, containing 12,832 acres, which are surveyed and laid off in eight lots, containing from 500 to 2800 acres, agreeable to plots in the possession of the said Duncan. The four largest lots are of excellent quality, each containing a considerable proportion of the richest low grounds, which produce tobacco of the very first quality, as has been experienced by one of the subscribers, who flipped it for a number of years.
Those lands lie on Dan and Smith's rivers, in Rockingham county, on the borders of North Carolina, about 170 miles from Petersburg and Richmond. As there are seldom such lands for sale, they must be an object to those who want to purchase such as will produce fine tobacco, hemp and small grain. One third of the price must be paid in ready money, one third in twelve months, and the other third in two years, the purchaser giving bond with unexceptionable security bearing interest from the date it not punctually paid. Those who wish to purchase will be shown the lands by Doctor John C. Cox, living at Leekville, near Rockingham Court-House, and the terms made known by  ROBERT TAYLOR, or CHARLES DUNCAN. Petersburg, Nov. 24. eptf
IMPEACHMENT OF JUDGE CHASE.
SATURDAY, February 9, 1804.
(Continued.)
ALEXANDER J. DALLAS, severn.
Mr. Dallas. I will endeavor to be correct in the statement which it is my duty to give; and I am sure that I shall be substantially so, though I cannot promise to place the facts precisely in the order of time, in which they occurred; nor to recite the very words that were uttered by the several parties, in the course of the transaction.
When the Northern Rioters were brought to Philadelphia, in the spring of 1799, some of their friends applied to Mr. Ingersoll and to me to undertake their defence. Mr. Ingersoll was then attorney general of Pennsylvania; and on consideration, I believe, declined the task. Mr. Lewis, either before or after this application, was also requested to act as counsel for the prisoners; and upon his acquiescence we repaired to the prison, to make the necessary arrangements preparatory to a trial. Mr. Wm. Ewing had been engaged by several of the Rioters; and we agreed to unite in the defence, as the same general facts and law applied to all the cases.
In April term 1799, the first trial of Fries took place. It was conducted with great propriety throughout by the court, and by the prosecuting officer; and the counsel of the prisoner were permitted to address the jury at large, on the law and the facts; as well as to cite every authority which they thought proper. Fries was convicted; but on a motion made by Mr. Lewis and I, the verdict was set aside, and a new trial awarded.
The second trial of Fries upon a new indictment (the first having been discontinued by Mr. Rawle) occurred in May, 1800. Mr. Lewis and I had again, at his request, been assigned by the court, to defend him. On the morning fixed for the trial, I entered the court room some time after the court had been opened. Fries was standing in the prisoner's box: The jurors of the general panel appeared to be in the jury boxes: And the hall was crowded with citizens. On my entrance, I perceived Mr. Lewis and Mr. E. Tilghman engaged eagerly in conversation, and the gentlemen of the bar generally seemed to be much agitated. As soon as Mr. Lewis saw me, he hastened towards me, on the outside of the bar; and told me in effect, "that a very extraordinary incident had occurred; that Mr. Chase, after speaking in terms of great disapprobation of the defence, at the former trial, declared that the court, on mature consideration, had formed, and reduced to writing, an opinion on the law of treason, involved in the case; and that he should direct one copy to be delivered to the attorney of the district, another to the prisoner's counsel, and a third [after the opening of the prosecution] to the jury to take out with them."
Here Mr. Harper rose, and said: "Mr. President---surely it is improper that the witness should repeat what Mr. Lewis told him, not in court, nor when the Judge was present."
Mr. Dallas, turning to Mr. Harper, observed: "Sir, I know the rules of evidence, and I mean to conform to them." Then turning to the Vice-President he continued; "If Mr. President, the counsel's patience had lasted for a minute, he would have heard, that I repeated Mr. Lewis's communication to the court, and that it was not contradicted. What I have said was necessary to introduce that fact; and, surely, it is strictly within the rules of evidence."
Mr. Lewis and I exchanged an opinion on the impropriety of the conduct of the court; we determined [as I thought when first recurring to my memory for the facts and as I still think, though I will not speak positively] to withdraw from the defence; and we went into the bar together. When there, something occurred, which called for attention on our part; and Mr. Lewis informed the court in effect "that there was little dispute about the facts in the case; and that as the court had deliberately prejudged the law, he could not hope to change their opinion, nor to serve his client; while a submission to such a proceeding would be degrading to the profession." It was, then, I think, that I stated to the court the information, which I had received from Mr. Lewis [but certainly it was either then, or, as it has been suggested to me, by a respectable gentleman of the bar, at the opening of the court on the next day] and I paused, to give an opportunity for contradiction, or explanation. For, although I had no doubt of Mr. Lewis's intention to deliver a correct representation of what had passed, it was possible that I might myself have mistaken the import of his communication. I cannot now state all that Mr. Lewis told me; but, I am confident, that I then repeated it all to the court. No remark being made, in consequence of the pause, I proceeded to state a few comparative observations on the province and rights of the Judge, and the province and rights of the advocate; and concluded with declining to act any longer as counsel for the prisoner. The court was soon afterwards adjourned. These are all the material occurrences of the first day, which I recollected; except, perhaps, that soon after I came into court, I heard Mr. Peters remark to Mr. Chase: "I told you what would be the consequence. I knew they would take the hint."
On the next day, the court was opened, Fries was placed in the prisoner's box, the jury attended, and the number of spectators was increased. Silence being proclaimed, Mr. Chase asked, "if the prisoner's counsel were ready to proceed on the trial;" and Mr. Lewis and I successively declared, that we no longer considered ourselves as the counsel of Fries. Mr. Peters then, as well as at other times, expressed a great desire that we should overlook what had passed; he told us that the papers delivered the day before had been withdrawn, and that he did not care what range we took, either on the law or the fact. Mr. Chase also said: "The papers are withdrawn; and you may take what course in the defence you please; but it is at the hazard of your characters." I thought the expression was in the nature of a menace; that it was unkind, improper and unnecessary. Mr. Lewis observed in effect: "You have withdrawn the papers; but can you eradicate from your own minds the opinion which you have formed; or the effect of your declaration on the attending jurors, a part of whom must try the prisoner?" Mr. Chase said: "If you think to embarrass the court, you will find yourselves mistaken." He then asked Fries, if he chose to have other counsel assigned? Fries answered, that he did not know how to act, but that he thought he would leave it to the court and jury. On which Judge Chase exclaimed: "Then we will be your counsel; & by the blessing of God, do you as much justice, as those who were assigned to you." Mr. Lewis and I had visited Fries in prison during the preceding afternoon; we had told him our determination to withdraw from his defence, unless he and his friends wished us to resume it; & we declared it to be, in our view of the case, his best chance to escape, as we could entertain no hope of changing the opinion of the court. He, finally, left the matter to us; and, I think, Mr. Lewis, in my hearing, with my concurrence, advised him not to accept other counsel, if the court should offer to assign them. The rest of the facts, as stated by Mr. Lewis, correspond so precisely with my recollection, that I presume, after this recognition, it is unnecessary to repeat them. I will, however, to be properly understood, that on the second day, both the judges were extremely anxious to prevail on us to proceed in the defence; and, as I understood, withdrew all the restrictions of the preceding day. We persisted, however, in our determination: because after what had happened, we deemed it the best chance to save our client's life; and not because we wished (as has been insinuated) to bring the court into disgrace or odium. Fries was, accordingly, tried, and convicted without counsel.
It is, perhaps, proper to state, what passed on the first trial of Fries, as it has been much misunderstood, or misrepresented. The general course of argument, on the Raia , was an endeavour to show that the acts of Fries and his companions amounted to nothing more than a riotous opposition to the direct tax officers, or obstruction of the marshal in the execution of process; and the refusal of a particular description of prisoners, whom the marshal had arrested. We drew to our aid, in this part of the defence, the sections of the penal law, and the sedition act, which provided for the punishment of such offences, distinct from the crime of treason. The general course of our argument, on the law , was an endeavour to show, that the offence did not amount to an act of levying war against the United States. The constitution defines that to be the only treason that can be committed; and neither the legislature, nor the courts, can amplify, or alter, the definition. The words of the constitution, however, require a practical construction, however, require a practical exposition. This exposition can only be obtained by a consideration of the natural, the familiar, and the reasonable import of the words themselves, or by a reference to the history of the English decisions on the same branch of treason expressed in the same terms, in the English statute of Edward 3 . The glossary of the English decisions ought not to be relied on. It is true, that since the English revolution of 1688, and particularly, since the statute of William 3 , (which first gave judicial freedom to the English bench) the judges of England have been independent, as well as wise and virtuous; and implicit confidence may be reposed in their judgments upon all matters originally submitted to their jurisdiction. But the English judges, since the revolution of 1688, are bound to administer the law, according to the precedents established by the English judges, before that revolution; although, either in criminal, or in civil matters, if the question were res integra , they would themselves have decided in a different way. Hence, the counsel of Fries were induced to cite common law authorities, and authorities under the statute of Edward 3 , to show (not what the law of England was or ought to be, not what the law of the United States was, or ought to be, but) what had been the extravagance of dependent judges, in setting the precedents, which the independent judges of England were bound to follow. Among other books they read Blackstone's Commentaries, where in illustration of a positive or imputed treason, the commentator cites the cases [under the statute of Edward 3 ,] of one man being hung as a traitor, for saying that his son was heir to a crown, because he was himself the owner of a tavern, with the sign of the same  face , because he withheld the horn of his buck, which had been killed by the king, in the belly of the monarch. These were, indeed, the illustrations of Blackstone , and not of Fries's counsel; but what professional man need be ashamed, to be supposed capable of referring to the same authorities, to enforce an argument, which Blackstone had employed! Though the English judges were thus bound by precedents established in very bad times of the juridical history of England, Fries's counsel contended that the American judges were not under the same obligation; and that the era of our federal constitution furnished a favorable opportunity to emancipate ourselves from the trammels of constructions, given to the words of our constitution by corrupt and dependent courts, before the English revolution. Reporting, then, to the natural, familiar, and reasonable import of the words, it was urged, in defence of Fries, on the first trial, that it was not a case of treason, but of riot, obstruction of process, and refusal of prisoners; that the discrimination in the offences, was marked by the very distinct nature of the actions; and that the sedition act having treated the latter case, as a case of misdemeanor, it was a legislative construction, that it was not a case of treason. There was still ground enough for the constitutional provision to occupy (an attempt by force to subvert the government, to defeat the legitimate operation of its principal departments, to attack, or to resist, its military power, &c.) and, after the passing of the sedition act, it might be presumed, such ground alone was intended to be occupied.
On this course of argument, we could not ascertain the opinion of the court, nor how far the case of the Western insurrection would be deemed to apply, till the charge was pronounced. But, after hearing the charge, and after a new trial was granted, I confess the whole force of my mind was bent to show, on the new trial, the strong distinction between the cases of 1794, and those of 1799; and that, even in England, 1688, for co-construing the offence of Fries to be treason, unconnected with the obligation of the judge, to conform to the previous adjudications. The President. Both you and Mr. Lewis have stated, that the jury were present when the written opinions of the court were handed to the clerk: Could they hear what passed on the occasion? Mr. Dallas. Undoubtedly, Sir. I do not mean, however, the jury who tried Fries; but the general panel of jurors, from whom Fries's jury might have been taken.

Mr. J. Randolph observed that it was the will of the managers that there should be no departure from the ordinary rules observed in examining witnesses, and that immediately after their examination on the part of the prosecution, they might be cross-examined by the counsel for the accused.
Mr. Harper hoped that no absolute rule would be adopted to that effect, as circumstances might arise that would justify a departure from it. The counsel for the respondent would endeavor to conform to the mode suggested, without any particular rule. After a few further remarks from Mr. Martin and Mr. Nicholson, it was agreed to wave any specific motion.
Mr. Lewis was called in: when Mr. Harper put to him the following question.
Did you at the first trial of Fries make a distinction between resistance to a particular law, and the general law of the U. States, or some special laws of a peculiar nature, and state your intention to argue that point on the second trial?
Mr. Lewis. I was not able to answer the question the other day precisely. But having since looked at my notes, I find that that distinction was made and urged.
EDWARD TILGHMAN sworn. I was present at the circuit court of the United States, for the district of Pennsylvania, held on the 22d day of April, 1800. A very short time after the opening of the court (whether the general panel of jurors had been called over or not, I do not recollect) Judge Chase declared that the court had maturely considered the law arising on the overt acts, charged in the indictment against John Fries; and that they had reduced their opinion to writing; he mentioned that he understood that a great deal of time had been consumed on a former trial, and that in order to save time, a copy of the opinion of the court would be given to the attorney of the district; another to the counsel for the prisoner, and that the jury should have a third to take out with them. I took no notes of what passed either on the first or second day. Fries was tried on the third day, and having been appointed with Mr. Levy, counsel for Heany and Getman, indicted for treason, and who were actually tried on the 27th or 28th, I deemed it my duty to attend the trial of Fries, to take notes of the evidence, the arguments and the charge of the Judge. I do not recollect that Judge Chase said any more on the first day than what I have mentioned previous to his throwing a paper or papers on the table round which the bar usually sit. The moment the paper or papers were thrown on the table, Judge Chase expressed himself in these words: "Nevertheless, or notwithstanding this, (I cannot recollect which expression he used) "counsel will be heard." The throwing of the papers on the table and the address of the Judge caused some degree of agitation at the bar; in a short time after the Judge used the last expression looked round and saw Mr. Lewis walking from under the gallery, towards the bar, I stepped towards Mr. Lewis, and met him directly opposite the entrance, into the prisoner's bar. The prisoner, as well as I recollect, not being then in court, but being brought into court some time that morning. I entered into conversation with Mr. Lewis, and as well as I can recollect, during that conversation, Mr. Dallas came into court. Mr. Dallas and Mr. Lewis had some conversation in my hearing, after which they came forward to the bar; the paper as well as I can recollect, was then handed by Mr. Caldwell, the clerk of the court, to Mr. Lewis. Mr. Lewis cast his eye on the outside of the paper and looked down, as if he was considering what to say. He threw the paper from him, as it appeared to me, without reading it, and the moment he threw the paper down, said, "my hand shall never be stained by receiving a paper containing a prejudged opinion, or an opinion made up without hearing counsel." I cannot recollect which was the expression, but this was the substance. I have not the least recollection that any thing passed on the first day, between the counsel for the prisoner and the court; for when Mr. Lewis used these expressions, his face was not turned to the court, and he spoke with a considerable degree of warmth; the court sat in the fourth part of the room, and Mr. Lewis (I think) turned his face full to the westward, when he used these expressions. The paper lay on the table a considerable time; after which some gentlemen of the bar took it up, and I for one copied it. Whether I took the whole of it, and all the authorities cited, I cannot say. The prisoner having been brought into court, his counsel had a good deal of conversation in my hearing, on the subject of supporting or abandoning his defence; that conversation appears to me to have been accurately stated by Mr. Lewis and Mr. Dallas. I do not recollect why the prisoner was not put on his trial that day, but the court adjourned between 12 and 1 o'clock. I went home, and after taking a walk, on returning, I saw the district attorney on my steps. He asked me whether I would have any objection to delivering up the copy which I had taken of the opinion of the court. I said I had no objection, and gave it to him. That paper was not read on the first, or on any other day by the court, or any thing stated by the court, as the substance of it. On the next morning, to wit: the 23d, the prisoner was brought into court. The court asked the prisoner's counsel, if they were ready to proceed to the trial. Mr. Lewis rose and uttered a few words in order to show that they did not mean to proceed with it. Judge Chase here interrupted Mr. Lewis—the particular expressions of the Judge I do not recollect; the substance of them was, that the counsel were not to consider themselves bound by the opinion which the court had reduced to writing the day before; that the counsel were at liberty on both sides to combat that opinion. Judge Chase as well as Judge Peters appeared to be very anxious that the counsel should undertake the defence of the prisoner. Judge Chase said, the cases at common law before the statute of Edward the Third, ought not to be read to the court: he mentioned the case of a man whose flag the king had killed, and who said he wished the flag's horns was in the king's belly; he also mentioned the man who kept a public house, with the sign of the crown, and said he would make his son heir to the crown. He said such cases as these must not, shall not be cited; and I think he made use of these expressions: "What! cases from Rome, Turkey & France!"—That the counsel should go into the law, but must not cite cases that were not law. He said that he had an opinion in point of law as to every case that could be brought before the court, or else he was not fit to sit there. He said something [but the precise words I do not pretend to recollect] as to the counsel proceeding according to their consciences; he said that the gentlemen would proceed at the hazard of their character, and when it appeared pretty plain, that the gentlemen would not proceed in defence of the prisoner, he said you may think to put the court to difficulties; but if you do, you mis your aim, or words in substance to that effect. Judge Peters addressed
the counsel, and said if an error has been committed, why may it not be redressed? The paper has been withdrawn—and I think both the Judges concurred in expressing the sentiment that matters were to be considered as if the paper had never been thrown on the table. When Judge Peters mentioned that the paper had been withdrawn, Mr. Lewis answered, the paper, it is true, is withdrawn, but how can the court erase from their minds an opinion formed without hearing counsel. A good deal more passed which I do not recollect, having taken no notes. Mr. Dallas addressed the court, but I have no recollection of what he said. The counsel continued firm in their determination to abandon the prisoner: the court took great pains to induce them to act as counsel for the prisoner, and before Fries was remanded to jail, expressed their hope that the counsel would think better of it, and appear in his defence. I recollect nothing more of what happened on the second day. Should any questions be put to me, they may awaken a recollection of what does not now occur to me.
On the third day when the prisoner was brought to the bar, he was asked whether he had any counsel [I think on the second day, the court had mentioned to him that he might have other counsel] he said no, he would depend on the court to be his counsel. Judge Chase said, the court will be your counsel, and by the blessing of God, will serve you as effectually as your counsel could have done. The trial proceeded, and after the testimony was given and a short statement of the case made by the district attorney, the Judge charged the jury, he told them they were judges of the law as well as the fact. He stated to them that cases determined in England, before their revolution, should not be received by the court. I have my notes of the charge; he stated the law very much in the manner as it was stated by Judge Paterson in the trial of Mitchell, for whom I was counsel. I cannot undertake to recollect anything further than I have already stated.
Mr. Randolph. I understood you to have stated that the written paper thrown or handed down by Judge Chase on the table produced a considerable degree of agitation at the bar. From what do you conceive that agitation arose?
Mr. Harper said he would take the opinion of the court, at some stage of the business, as to what was proper testimony. On Saturday there had been opinion and argument interwoven in the testimony given. He paid great deference to the opinion of the witnesses, but he submitted it to the decision of the court whether it was proper to require it.
The President. The gentleman may vary the question, so as to attain his object, by enquiring as to the facts that took place.
Mr. Randolph then said, I ask with the permission of the court, whether in the course of your practice, which I understand to have been long and extensive, you have ever witnessed a similar proceeding.
Mr. Key. I shall object to that question. I pray the opinion of the court whether in order to abridge time—
The President desired that the question might be in the first instance reduced to writing.
It was accordingly reduced to writing as follows:
Question 1st. You say that when the written opinion of the court was thrown on the table, it produced considerable agitation among the gentlemen of the bar. What did you conceive to be the cause of that agitation?—which being read by the secretary,
Mr. Bayard moved that the Senate should withdraw—the motion was lost on a division.
The question was then taken on receiving the proposed question, and passed in the negative by an unanimous vote.
Mr. Randolph then submitted in writing.
Question 2nd. In the course of your practice, which is understood to have been long and extensive, did you ever witness a similar proceeding on the part of the court?
To the putting of this question Mr. Martin withdrew the objection which had previously been made.
Mr. Tilghman answered. I have been in the practice of the law for thirty-one years, and have no recollection of a similar proceeding.
Mr. Randolph. When Mr. Chase, after throwing or handing down the papers, went on to say that counsel would be heard, did he go on to say, or not, that counsel, when heard, must address themselves to the court and not to the jury.
Mr. Tilghman. I am confident that at that time he said nothing of the sort, nor do I recollect that he said any such thing at any other time. If he did, it escaped my recollection, which is very strong, as to what was said by the Judge when he threw down the paper or papers.
Mr. Harper. You have said that you are perfectly clear, that when the paper was delivered or thrown down, the court did not say the counsel must address themselves to the court and not the jury, and I understand you also to say, that you have no recollection that they said any such thing at any other time.
Mr. Tilghman. I have no recollection that they did.
Mr. Harper. Have you any recollection that the court at that time prevented the counsel from proceeding?
Mr. Tilghman. I have not.
Mr. Harper. Did the court forbid them during the proceedings, or on the trial, to cite cases?
Mr. Tilghman. There were no counsel at the trial.
Mr. Harper. Did Judge Chase at any time say that they would prohibit their reading the acts of Congress to the jury?
Mr. Tilghman. I do not recollect that he did.
Mr. Harper. Was any thing said about the sedition law, and the act—
Mr. Tilghman. I do not recollect that there was.
Mr. Harper. Did Judge Chase express any disapprobation of the conduct of the circuit court on a former trial in suffering those acts to be read?
Mr. Tilghman. I do not recollect that he did.
Mr. Hopkinson. I think you have stated that you attended the trial of John Fries throughout?
Mr. Tilghman. I did.
Mr. Hopkinson. Did you see any disposition, or act, or conduct of the court calculated to oppress the prisoner?
Mr. Nicholson objected to this question being put, and Mr. Hopkinson said, that to avoid all difficulty, he would waive it.
Mr. Martin. Has it been the usual practice in the courts of Pennsylvania for the judges to declare to the jury what is the law in criminal cases?
Mr. Tilghman. They always in their charge to the jury state the law and the evidence, and apply the law to the evidence.
To an interrogatory offered by Mr. Martin,
Mr. Tilghman answered. The court gene-
rally hear the counsel at large on the law, and they are permitted to address the jury on the law and the fact; after which the counsel for the state concludes; the court then states the evidence to the jury, and their opinion of the law, but leaves the decision of both law and fact to the jury.
To another interrogatory of Mr. Martin as to the practice of the courts, Mr. Tilghman replied. That counsel generally take that course which they consider best calculated to benefit their clients. In capital cases, he did not recollect the court stopping gentlemen of character in any course they thought to adopt.
Mr. Nicholson. In your practice in Pennsylvania, or Delaware, where I understand you have practiced, did you ever hear the court undertake to inform the jury of their opinion of the law before the prisoner's counsel had been heard.
Mr. Tilghman. I do not recollect I ever did.
In answer to a question,
Mr. Tilghman said, in the charge to the jury, the contents of the paper containing the opinion of the court, and which had been withdrawn, were never alluded to; nor in the least alluded to when it was thrown down or delivered.
Mr. Nicholson. You have stated that the opinion was not read to the jury. I ask whether when this paper was laid on the table the jury was sworn?
Mr. Tilghman. No. They were not sworn till the next day but one.
Mr. Nicholson. Were the general pannel then in court?
Mr. Tilghman. According to my recollection on the general pannel attended with great punctuality. This morning looked over my notes and I took down those that were challenged by Fries, and those that tried him, in order to assist me in making my challenge in the case of Heany and Getman. But I do not know that I then saw the face of any of them. It is proper to state that the common jury as soon as the court is opened generally walk forward into the jury box, which holds only eleven, a chair being placed for the twelfth. The other jurors take their seats behind those in another box, or remain in the hall of the court.
Mr. Nicholson. The Judge declared that the counsel for the prisoner might proceed at the hazard of their characters?
Mr. Tilghman. I think those were the words he used.
Mr. Nicholson. Were the general pannel at this time, in a situation to hear what was said?
Mr. Tilghman. Certainly, sir, this was on the second day.
Mr. Randolph. Before this written opinion was handed down, did not Mr. Chase, or the court declare that the question of law had been settled in the case of Vigol and Mitchell.
Mr. Tilghman. On the trial of Fries they did cite this case and rely upon it. If the court will indulge me I can turn to my notes. Judge Chase stated the opinion of the court in his charge to the jury to be the same as in the case of Vigol and Mitchell.
Mr. Randolph. Did he say that the opinion in the case of Vigol and Mitchell was the opinion contained in that paper?
Mr. Tilghman. I do not remember. Many things might have happened, of which I have no recollection as I did not take notes at the time.
Mr. Campbell. How many of those papers were thrown down or given to the clerk?
Mr. Tilghman. I cannot say with perfect certainty. But I stated before that one was handed to the attorney of the district, another to the counsel for the prisoner, and the third to the jury to take out with them.
Mr. Campbell. Was there sufficient time before the papers were withdrawn, for the jurors or other persons to have read them?
Mr. Tilghman. I stated before, that the court rose between twelve and one o'clock. The jury were not in a situation to have access to the bar table. After the paper lay for some time, several of the bar employed themselves in copying it—I have no recollection that any one of the papers were handed into the jury box.
President. At what hour were they withdrawn?
Mr. Tilghman. I think on the same day, it was between one and two o'clock, that the district attorney called on me. I am pretty certain that the papers thrown down were not taken away, but remained in the hands of the court.
Mr. Campbell. Can you say how many copies were taken?
Mr. Tilghman. Not precisely. I took one, and Mr. Thomas Rofs another. I believe we copied them at the same time. But I do not know of my own knowledge that any other person transcribed them. Now I recollect, I think I saw one or two others also taking copies.
Mr. Campbell. Do you know whether all those taken were withdrawn?
Mr. Tilghman. I do not. I only know that my own was withdrawn.
Mr. Nicholson. Did you hear the subject spoken of generally that day?
Mr. Tilghman. Those who copied the paper spoke on the subject to each other.
Mr. Nicholson. I ask whether it was a subject of general conversation?
Mr. Tilghman. Very much so among the gentlemen of the bar.
Mr. Nicholson. You have said that it is a usual thing in the courts of Pennsylvania for the Judge to charge the jury after the counsel on both sides have spoken. Do you recollect to have seen a court reduce their charge to writing, and give it to the jury?
Mr. Tilghman. Never.
(To be continued.)
Foreign Intelligence.
Continuation of News by the John and Alice, arrived at Philadelphia.
ADDRESS
TO THE SPANISH ARMIES.
MADRID, December 28.
By his excellency the Prince of Peace, and generalissimo of his Catholic majesty's forces, the following has been published:
"The king has condescended to commit to me, as generalissimo of the Royal armies, the conduct of the war commenced with Great Britain; and he commands, that all the principal officers of his dominions correspond privately with me on the subjects connected with this event. To comply with the terms of the confidence reposed in me, and to fulfil the honorable duties enjoined me in the supreme authority over his gallant troops with which I am invested, it is expedient that I call into activity my loyal zeal in his cause, and adopt the most effectual means to discharge this high and important office.
"It is universally known, that when we were in a state of profound peace with England, hostilities were commenced by that country, by the capture of three frigates; one was destroyed,
in the contest; a regiment of infantry destined for Minorca was made prisoners; many vessels laden with grain were taken; and others, under the burthen of one hundred tons, were destroyed. When were these robberies, these acts of treachery and assassination, committed? When our sovereign admitted the ships of that nation to a free and undisturbed commerce, and gave the necessary supplies to their ships of war. What profligacy and degradation in the one; what honor and dignity in the other. On the view of this perfidy, is there a Spaniard whose indignation will not be excited? Is there a soldier who will not grasp the weapon of destruction? Brave seamen, three hundred of your brethren have had their mangled members scattered to the winds; one thousand are deprived of the light of heaven, in the dungeons of your enemies. Valiant soldiers, an equal number of your companions in arms are deprived of the swords they knew how to wield, and are carried to a remote island where they will either perish with hunger, or be constrained to unite with the ranks of the detested foe. Remember, then, your sacred obligations. Generous Spaniards, a few innocent and defenceless fishermen are reduced to the lowest step of human misery, & their afflicted wives and deserted offspring implore your pity, and demand your protection. In fine, thousands of families, expecting support from the wisdom of the state, in a season of famine, are brutally deprived of the subsistence provided for them, and exclaim, with the voice of thunder—Vengeance! Vengeance! Let us then, my countrymen, obey; the king expects it, and honor and justice require it at our hands. If the English have forgotten that the blood which circulates in the veins of Spaniards is the same which flowed in the breasts of those who triumphed over the Carthaginian, the Roman, the Vandal, and the Saracen, it is time that the recollection should be revived; 'tis time to convince them that we will preserve the fame of our ancestors unfulfilled, and shew to them that we will perform our duty to posterity, if it require that our ranks should be thinned to add to the glorious catalogue of Castilian heroism. If these distant islanders have attributed our desire to preserve tranquillity within our borders to lamentable weakness, or to dishonourable fear, let them at least be taught that the latter can never disgrace the bosom of a Spaniard, glowing with all the ardent and liberal impressions peculiar to his country. Quickly will we teach them, that a loyal, virtuous, and brave people, attached to religion, and enamoured of true glory, can never be insulted with impunity, much less can it endure an instance of sanguinary violence directed against its dignity and independence. If the English, unmindful of the principles of humanity respected among civilized nations, abandoning all shame and remorse, have only fought to obtain possession of our treasures, which we should have peaceably delivered to them, had they been entitled to the property, we will recall to their memory a fact which we trusted had been universally acknowledged—that the abuse of power, the violation of public right, and the mad excess of despotism, have ever been the awful preface of the fall of empires. Let them hide their dishonoured heads; let them tremble in the contemplation of this ill-gotten wealth; let them shudder before the bloody victims of their aggression; and let an eternal mark of infamy be impressed, and universal detestation be excited for these examples of public atrocity.
"Valiant Spaniards! the nobleness of your character no longer admits you to be inactive witnesses of these disgraceful scenes. The love of our king for his people is perfectly known, and leaves no doubt that his numerous vessels will coincide in his wishes, and gratify his expectations. To arms, then, my fellow soldiers and countrymen, and engage in the war in the way most likely to hurl a terrible destruction upon our enemies; but while we spread the terrors of battle, let us not, in imitation of our enemies, desert those general maxims of humanity, which are respected by all regular governments. In order that the chiefs of the state may proceed in this important business with the energy which the occasion requires, and that the success of any enterprise should not be equal to the wisdom by which it is planned, and the gallantry with which it is executed, they will not be considered responsible for the event; but they will be liable to the consequences, if they do not put in activity the full extent of the resources with which they are entrusted. Nations not provided with the means with which we are supplied, and placed in situations much more critical, have known how well to economise their limited powers, so to make that people which dared to trample on their rights, feel the effects of their resentment. Fan the public ardour into general conflagration; avail yourselves of the magnanimity of a whole country, and prodigies lose their character, and become familiar.
"Under the present circumstances, it becomes the governors of the Provinces to spread the generous spirit of enthusiasm amongst the troops under their orders; it behoves the venerable dignitaries of the Church, and the Civil Officers in the various political departments, to animate all orders and ranks of men to assert the honour of their king and country, by the powerful influence of example, and by the attractive charms of eloquence.
"In cases out of the ordinary current of events, it will be expedient to recur to means equal to the occasion; and each province of the Empire will, according to its peculiar situation, vary in the efforts it directs to annoy the common enemy. Learn how to blend wisdom with patriotism, and let every commandant, and every district, in obedience to him, present before the sovereign and citizens of the state, and before the eyes of all Europe, deeds worthy of the country to which they belong.—When any opportunity be afforded of destroying the foe, wait not for orders from a distant officer of government; let not delay diminish the impressions of nascent valour, and let not the natural courage of man be frittered away in the collision of idle formalities.
"Contemplate contraband commerce as the highest crime; it is conducive only to satisfy the avarice of our enemies; the manufactures they offer you, are prepared by the reeking hands of those who are bathed in the blood of your fathers, and brethren. Impress all around with a sense of horror, at the practice of this nefarious intercourse; and when it is universally felt, when not a Spaniard will disgrace himself by this pernicious connexion, when Europe shall understand her genuine interests, and every port of the continent shall be closed upon these intruders, then will our vengeance be complete: the insupportable arrogance of the islanders will be humbled; they will be loath to abandon the chaos of their own ruins; and they will be recognised only as the violators of public right, & as the tyrants of the ocean.
"May the spirit here applauded be that of the whole nation; may we all of us readily sacrifice our private indulgence to the general cause; and if there should be an infatuated character among us not animated by this noble disposition, may he catch the flame of patriotism from his associates, and not disgrace the Spanish name by frigidity and indifference. The age and infirmities of some will not permit them to take a personal part in this glorious enterprise, but they may by their counsel, conduct to the general design; and this his Majesty expects, and I implore of those; and thus, by availing ourselves of every resource with which God and nature have furnished us, the effects of our indignation will be terrible to our enemies. In fine, if any particular member of the state should with exclusively to undertake schemes which he thinks likely to annoy the English, and for which he shall require the assistance of government; let him communicate his project to me, and I will provide him with the necessary means, if his purpose should be so well formed as to conduce to the injury of Britain, and the glory of Spain.
(Signed) "THE PRINCE OF PEACE."
The French Minister, Salicetti, has concluded a new convention with the Ligurian Republic, in the name of the Emperor Napoleon, which was signed on the 20th October last, and of which the principal articles are as follows:
The Emperor Napoleon engages to procure a peace for the Ligurian Republic with the Barbary powers, and to cause the Ligurian flag to be respected by those powers.
Should he, however, not be so successful in this endeavour as he expects to be, he engages to furnish the ships of the said Republic with French colours, that they may thus be protected.
The Emperor of the French will further grant permission for the importation of all Ligurian commodities into Piedmont, Parma, and Piacenza, only paying the small importation toll, which was before customary, which permission shall begin to be in force immediately after the ratification of this convention.
On the other part, the Government of the Ligurian Republic engages to furnish 6,000 seamen, during the present war, and to have 4,000 of them in readiness in a short time.
The Ligurian Republic cedes the harbours, with the arsenal, as also the galley harbours and the dock-yard, with the basin, and places them at the disposal of the French; and as it is intended to build in the said dock-yard ten ships of the line for France, the Ligurian Republic engages to enlarge the basin sufficiently for the entrance and stationing of these ships, at its own expence; and as at the time of the conclusion of this convention a new built ship of the line, a frigate, and two corvettes are lying finished in the Dock of Genoa, these ships shall likewise be placed at the disposal of France.
January 29.
In consequence of an application from a number of respectable Spanish Merchants, an order of Council has been obtained, to permit vessels to carry corn into the ports of Spain, those only excepted in which there are naval arsenals.
January 26.
HOUSE OF COMMONS, JAN. 24.
Sir Evan Nepean gave notice, that he should on Monday next move for leave to bring in a bill to continue for a time to be limited, the bills, for the suspension of the Habeas Corpus Act, and for establishing martial law in Ireland.
January 28.
The Emperor of Russia has definitely fixed the city of Kief, in his dominions, for the residence of his Majesty Louis XVIII. He is, however, to reside at Mittau, until the returning mildness of the season shall enable him to remove, with all his household, to the abode which the kindness of his Russian Majesty has provided for him.
It is said that the French Government have proposed to the King of Sardinia, by way of indemnity, the sovereignty of the Seven Islands—a project which it is easy to see would be rejected by Russia.
Intelligence from various parts of Italy gives reason to suppose that the Court of Naples has been compelled to abandon its system of neutrality, or that the troops of France have entered the territory of his Sicilian majesty. As a preliminary step towards this movement, the Italian troops, in the pay of France, were to re-enter Italy, and occupy such places as the French should quit on their advancing into the Neapolitan states. The English Minister is stated to be in momentary apprehensions of being obliged to quit the city of Naples.
M. d'Vergennes, a French emigrant, who, though in the service of the Emperor of Russia, was, on the demand of the Minister of Bonaparte, arrested at Rome last summer, and delivered into the hands of the French, has been released.
The English families of distinction who were made prisoners in France at the commencement of the war, have been directed by the French Commissary to hold themselves in readiness, as they may expect daily to be embarked for England.
January 29.
A Spanish ship from Cartagenena to Ferrol, having on board a considerable quantity of dollars and gold in bars, besides valuable merchandise, has been taken by the Mala, of 84 guns, and sent into Falmouth.
A gentleman arrived in town yesterday from France, who is reported to be M. Portalis, jun. brother to the person who acted as secretary to General Andreossi in this country. He is probably come as an agent for the exchange of prisoners, in which capacity, we believe, captain Paget sets out in a few days for France. The English, so long detained in France, we are happy to hear, are likely to be shortly released from their unjust captivity.
General Mack is to command all the Austrian forces in the Tyrol and Venetian states. The increase of these troops has, it appears, excited some alarm at Paris.
Letters have been received with the Hamburg Mails, from Amsterdam, giving an account of the proceedings of the French, in filling the cargoes of English manufactured goods, which have been confiscated by their soldiers. The Dutch government is entirely passive upon the occasion. The Groom of General Marmont is the auctioneer of this military house. The goods remain warehoused till an opportunity arises for re-exporting them. A guard of soldiers attends at the place of sale, to prevent tumult. Such is the miserable abject state of the Batavians.
LONDON, Jan. 29.
The Archduke Charles has appointed the General Chasteler to command the Austrian Cordon on the southern frontier of the Tyrol. The regiments of Neugebauer and Glebbeck arrived there on the 13th, and it is stated that the cessation of the epidemic will not occasion the breaking up of the Cordon.
It is rumoured, that Gibraltar will be besieged, and that Marshall, Murat, will command the army. Some reports also mention, that Carnot has prepared a plan of the intended siege, which has been transmitted to the Spanish Cabinet.</

ly, 1803. The production of this paper was requisite to show to the House in what manner Spain had determined to act, and France was prepared to enforce the terms of the treaty. It appeared, that in September, 1803, Mr. Frere remonstrated on the subject of certain preparations in the port of Ferrol, and complained that a disposition was shown to afford assistance to France. What answer was given to his note did not appear from the papers already on the table. It was however highly probable that some answer was given, and it was not at all unlikely that some general explanations took place on the subject. To clear up this matter, therefore, he was anxious to have laid before the House copies or extracts of all explanation received from the Spanish government in September, 1803, respecting the march of bodies of artillery and marines destined to re-inforce the French fleet in Ferrol, and all assurances afforded on the subject of any march of French troops through Spain, since the commencement of the war. While he was desirous of information on this point, he was not less anxious to know what information was obtained as to any advances of money made by Spain to France, from the 20th September to the 7th of December, 1803, which was about the time that Mr. Frere expressed his alarm respecting hostile preparations. He should move therefore for an account of all information received on this point, and a copy of all discussions which such information might have created. The next period on which he wished explanation, was in January, 1804. In a dispatch of Lord Hawkesbury's to our minister at Madrid, written in that month, reference is made to some previous information on the subject of a treaty of neutrality. It is then that some notice is taken of a previously existing treaty, compact, or convention, respecting the future neutrality of Spain. He thought it important for the House to ascertain what that convention was, or to what extent it proceeded. With this view, he should submit a motion for the production of a copy of such a convention, if it really was in existence. What he had next to complain was, the very long vacuum in the papers from the 21st of January, to the time that the administration in which Lord Hawkesbury was at the head of the foreign department closed. This was the more wonderful as it was hardly to be imagined, that during so long an interval, no correspondence of any sort took place between our minister at Madrid and the secretary of foreign affairs. It was highly necessary that this part of the business should be fully understood, and he should certainly move for the correspondence which had taken place during the interval to which he had alluded. The next deficiency in the correspondence was, from the 22d of May to the 27th of September; surely it was not to be imagined that in the relative situations of the two governments, all official discussions or explanations should have been suspended. But the papers were totally silent on this point. He next adverted to the dispatch of Lord Harrowby on the 21st of October, in which the peremptory orders were given to Mr. Frere, to ask for his passports. In that dispatch it was quite clear, that the secretary of state for the foreign department then alluded to other information received in addition to that, on which the letter of the 29th of September was founded. It was proper, therefore, to have copies produced of any intelligence on the subject of preparations in the Spanish ports, which differed from that originally received from our commander at Ferrol. Other papers must have been received, or it was quite impossible to account for the different language held in the two dispatches.
The next paper for which he should move, was a copy of all the letters and notes presented by the Spanish Ambassador resident at our court, and all explanations to which these letters or papers referred. The information which gave rise to Lord Harrowby's dispatch in September was not, he contended, sufficiently explained to the House. He should move therefore, for a copy of that letter of Rear Admiral Cochrane, on which the secretary of state's dispatch was grounded, and the date when the letter was received. The first letter of Admiral Cochrane was in September, giving a statement of the Spanish force in Ferrol, and the next, in October, states, that the Spanish force was in the same state as described in his last. But here the Admiral could not allude to his letter in September, because the Spanish force was not in the same state in October. A number of ships which had indicated some appearance of preparations for sea, had been hauled back into the inner part of the harbour. There must, therefore, have been some other information communicated by Admiral Cochrane besides that which the papers contained. He should move, therefore, for copies of all intelligence received of the Spanish force in Ferrol and Corunna, as far as the period when the dispatch of the 21st of October was transmitted to our minister at Madrid. He should at the same time, move for copies of all intelligence received from our resident Consuls, or any naval or military officers, of the force in Cádiz and Cartagena, and also the state of the arsenals. These accounts would fill, however, be incomplete without a statement of such information as Sir Edward Pellew had communicated, respecting the Spanish force in the ports of Ferrol and Corunna, and the conduct of the Spanish governor of Ferrol, respecting the English ships off that station. Connected with this part of the subject, he should also move for an account of the amount of supplies of naval stores and provisions granted by the Spanish government to the squadron under that officer's command. As a good deal had been said of the Spanish governor of the island of Cuba, and the sales of English prizes in the ports of that island, he should, with the view of obtaining satisfactory information, move for copies of all the intelligence, instructions, or remonstrances, which had been received on this subject. To conclude the whole, it was requisite that the letter was requisite that the letter of Admiral Cochrane, on which the order for detaining the Spanish frigates was founded, should be produced, and the day on which it was received correctly stated. The hon. member having thus gone through the various topics on which he thought additional information necessary, sat down with moving for copies, or extracts of all letters received from Mr. Frere, our minister at the court of Madrid, respecting any demands for pecuniary succours made by France on Spain in July 1803, and also copies of all instructions issued thereon by the principal secretary of state for foreign affairs, and all discussions which may have taken place on the subject.
The Speaker having put the question on the first,
Mr. Pitt rose.—He wished the House to be put in possession of every degree of information that could be afforded by his Majesty's government, relative to the topics embraced by the various motions which had just been brought forward by the hon. gentleman, yet there were some of them which did not at that moment occur to him, if the House could comply with them, though he was not aware that there was any very strong objection even to those. It was true, he could not know how his Majesty's government could make it convenient to comply with all the motions, if, on the other hand, the House should comply. For one, however, he could as-
sure the hon. gentleman, and the House, that no man could possibly with more than he did, that every possible aid might be given to their judgment in pronouncing on the merits of the whole of the question of the war with Spain. He had only to observe further, that some of the motions asked for information under various heads, which might be had under one; some asked for information that he was apprehensive could not be granted, and others for what might be classed under smaller heads. If, however, the motion should suggest any other observations to his mind, while under reading, he should again shortly trouble the House.
The question was now put on the first motion, viz.—
1st. That there be laid before the House copies or extracts of all dispatches or instructions from his Majesty's Secretary of state, respecting the succours granted by Spain to France, in the month of January, 1803, together with an account of the discussions with Spain respecting the same.—Agreed to.
2d. Copy or any extract of dispatches from Mr. Frere concerning the remonstrances of the 9th September, and of all explanations, and all answers from Spain, respecting the passage through her territory of troops or seamen, during the war with France.—Agreed to.
3d. An account of all advances of money made or agreed to be made by Spain to France; together with copies or extracts of the instructions of our Minister relative to the same.—Agreed to.
4th. An account of explanations given in answer to Lord Hawkesbury's letter of the 21st Jan. 1804, relative to the pecuniary supply afforded by Spain to France.—Agreed to.
5th. An account, or copy, or extract, of any convention or agreement, by which Great Britain might be engaged with respect to the neutrality of Spain.
On the question being put on this motion.
Mr. Pitt rose.—“With respect to that point, Sir, it is of so much importance that I take this opportunity to draw the attention of the House to it, being persuaded that both this House and the hon. gentleman will deem it not an unessential circumstance to that enlightened deliberation to which we all point, that I can safely aver, that a most gross misapprehension, or misrepresentation, has extensively obtained on this topic. The hon. gentleman can, nevertheless, if he chuse, press his motion. I will attempt no control as to that. But this I can tell him, that when he has made his motion, and were the House to agree to it, knowing what I do, I very well knew that there could not be a formal return made.—With respect to any convention at all, I further take this opportunity to say, that strange as it may appear, and however the term has been employed, and insisted on upon one hand, adopted or not resisted on the other, there was no such convention, compact, or agreement, as that obviously referred to by the hon. gentleman; nay, nor any paper or document whatever that by the most strained construction could be so denominated. Very far from that, there was no such convention ever thought of by this country; for indeed such a convention would have been repugnant to all just policy.”
Mr. Fox.—“Sir, I think with the right hon. gentleman, that the motion now before you is of very great importance, most so of the whole. But as to the existence of a convention, I am utterly uninformed. I do not, however, mean to say, that the statement which we have just heard, is not accurate it is probable that there was no convention. What I beg the House to recollect is, that whether wrongly or designfully, Spain has insisted on a convention; and if from inadvertence, Mr. Frere never set the minister of Spain right, surely, Sir, it is an odd sort of inadvertence. I believe the hon. gentleman is, or was, a member of this House. I don't know, though; for, probably I think of the ambassador, instead of the charge d'affaires. However, Sir, I would think any man not half so wise as the members of this House must be supposed to be, would have deprived the minister of Spain of the advantage of a term which was not correct, but yet which gave to Spain a decided advantage in discussion. If the term was not correct, if there was no convention, why did not Mr. Frere obviate the effects of his own inadvertency? Mr. Frere might have lapsed once, twice, thrice, into an inadvertent mode of speech, but could he always? Impossible! at least I should not have thought that he would leave for ever in the possession of his antagonist a term which, of itself, conferred on the reasonings of that antagonist their principal title to the merit of justness. If a man have a dispute with me, and employ several times a particular term, which has no appropriate connection with the subject in dispute, do I leave him in possession of his term without explanation? No, certainly; I resolve the dispute into its natural elements.—So here, I would have thought that Mr. Frere, seeing the obvious ill effects of having inadvertently called this (whatever it is) a convention, would not have left the term in the possession of Mr. Cevallos, of whose employment of it he had such irksome illustrations. But whatever the document to which we are now all of us understood to allude, I wish, Sir, to see it; we will judge of it when it is before the House.”
Mr. Pitt.—“Whoever, Sir should possess every information on this topic, would think with me, that there is in reality no convention; at the same time it would be perceived, that what did pass on this subject amounted to the point in dispute. Spain has asserted the existence of a convention, an agreement of neutrality, of such and such terms; not a statement of recognition of neutrality. At the other time alluded to, a convention had not necessarily taken place. There never was any recognition of neutrality. There were the written conditions, indeed, necessary to the acquaintance of his Majesty, in the system of forbearance. It was, however, the nominal and professed neutrality of Spain with France to which the Court of Madrid appears to refer, when gentlemen suppose her talking of an English convention of neutrality. This seems to be all the mistake. And as to the French treaty of neutrality, it could not bind us, who have never been informed what the treaty was. The true state of the case, however, can only appear from explanation.”
Mr. Fox.—“From what has been said, it appears that a great deal of explanation is requisite to guide the judgment of the House.”
Mr. Pitt.—“The gentleman who was our Ambassador had left Madrid at the time when the existence of any Convention was disputed on the part of Spain. We had there, then, but a Charge d'Affaires.”
Mr. Grey.—“Notwithstanding all I have heard to night, I must conclude, Sir, that Mr. Frere, our Ambassador, by some means or other in possession of the fact of the existence of a Convention. The House will think so too, if I can lay before it sufficient evidence. The right hon. gentleman thinks, that what is all along meant, may be some Convention with France, where the term Convention is only mentioned ambiguously; but it appears, that some engagement, compact, or agreement of neutrality towards Spain, was entered into on the part of this country, and that Mr. Frere knew it; for that gentleman, in his letter to Mr. Cevallos, of the 30th October, 1804, talking with reference to arrangements in the ports of Spain,
demands among other things, “that the ships of war shall be put precisely in the state in which they were at the conclusion of the Convention with England.” Now, Sir, the latter must have reference to a period antecedent to the departure of our Ambassador from Madrid. As if we were not to be left in doubt respecting the existence of a Convention with England as if inadvertence had been impossible, and will any man think that Mr. Frere could have not only twice inadvertently employed, but twice argued from the same term. I say, Sir, that with an air of deftly to deceive the world on this very point, Mr. Frere concludes the letter to Don Cevallos, which I have quoted above, in these express words:
“Your Excellency complains of my having in my letter in which it was previous to the war, whilst the period pointed out in the Convention for fixing the establishment to which it was to be reduced, was that of the Convention itself. It is true, that this first period was named in my instructions; but bearing in mind that another has been already agreed upon, and two well convinced of the good faith of my Government to believe that the substitution could have been made otherwise than by mistake, I have not hesitated to restore the period of the Convention, too happy, if this trifling change can remove any obstacle to the satisfaction of my demands.” Thus much I have thought it necessary to state to the House, to shew the ground of my motion.” The motion was agreed to.
6th. A copy, or extract of any documents or papers; giving an account of the succours granted by Spain to France on the 19th October 1803, in consequence of the treaty of St. Ildefonso.
On the question being put, Mr. Pitt rose. “I will not say that we have received no information as to the succours granted by Spain to France; but we have no authentic information from Spain. Spain having always refused to give distinct information respecting that subject.”
The several other motions, except two, which were withdrawn, being superfluous, were now put and agreed to, after an observation from the Minister, that with respect to the dispatches of our Admirals every communication would be given which was consistent with good faith towards those who might have given information.
After a few words between Mr. Pitt and Mr. Grey, explanatory of the occasion of delay, the consideration of the Spanish papers was deferred from Thursday next to Thursday fortnight.
DOMINICA TAKEN.
By captain Gideon, arrived at Philadelphia last Monday morning from Martinique the following information has been received.
Captain Gideon failed from Vochelin, (Mart.) the 25th February—Two days previous to which he learned, that a French fleet had arrived at Port Royal; remained there one night, and next morning proceeded to attack Dominica. On the 24th, abreast of Roseau was boarded by an officer from a French frigate, who informed that on the 24th, they had taken Dominica, after an engagement of 14 hours, in which they had lost 30 men. There were several frigates at anchor close within the harbour. He also informed, that the admiral's ship had set the town of Roseau on fire, the greater part of which was consumed. The French fleet consisted of seven sail of the line, five frigates, and four transports. They had a passage of 60 days from Rochefort. Another fleet, consisting of the same number of vessels, had failed from Toulon for the West Indies, and was hourly expected. The fleet from Rochefort, on their passage, had captured a British cutter.
Upon this, the Philadelphia Gazette remarks: “By recurring to dates, it will be perceived, that the above fleet must have failed from France about the latter end of December immediately subsequent to Bonaparte's assuming the Imperial dignity, and at the very moment when he was attempting to impress on England the belief of a pacific disposition on his part. The pursuit of a policy so treacherous and dishonorable, cannot fail to protract and aggravate the war.”
By an arrival from the West Indies, in this port, advice has been received of the capture of the island of Dominica, by a squadron of seven French ships of the line and five frigates, which arrived there from Europe after a passage of 60 days. It appears that they met with a sharp resistance from the British, and that the conflict was attended by considerable loss of lives.
The departure of this fleet from Europe, must have been considerably earlier than the late advices from that quarter; and the silence of the European prints on the subject, evinces that the number and the vigilance of the British naval force is not wholly competent to cover the seas. The effect of this enterprise on the rest of the West India islands is not easily calculated. Its distance from Martinico is but fifteen leagues west of the north part of that island, and about mid-way between Martinique and Guadalupe. The enterprise must considerably affect the general trade of the Caribbean islands; the trade of Dominico alone employed last year 176 sail of vessels, though it is not above thirty miles in length, and not twenty in width, in the broadest part; it is also mountainous, but delightfully watered.
From the suddenness and success of this enterprise, we may presume that a British fleet may be expected in the West Indies, and that that quarter may become once more the theatre of maritime depredation.
The captain of the vessel, by which this intelligence has been received, further informs, that he had been spoken with by a French frigate, which stated that a second French squadron would join that which captured Dominica; preparations for the purpose having been made at Toulon.
FORTY DOLLARS REWARD.
RUN-AWAY on the 23d of February, two Negroes Men, JESSE and ISHAM. Jesse is very nearly white, and upon a light examination would pass as such, he is about six feet high, rather slender legs for his height, is about 25 years old, by trade a Cooper, at which business is very expert; he is a very ingenious handy fellow, and can turn his hand to almost any thing. I expect he will pass by the name of Jesse Cottrell, as he has frequently assumed that name, his clothing I know nothing of, but knowing he has a variety, it would be unnecessary to undertake to describe his dress. Isham is also about six feet high, of a yellowish complexion, about 19 years old, and as stout a fellow as any in the state, of his age, he has rather a down look, and moves slowly, with a kind of a limp or hitch in his walk, which may be discovered upon examination. His dress was a fur hat almost new, with the brim nearly eat off by rats or mice, a grey wild'd coating with tassels, striped fawns down jacket, blue cloth pantaloons, and a pair of shoes such as negroes generally wear, nailed all round, he has never been used to work in the field, his chief employment was attending to a garden, and jobbing, at which business he is very handy and obliging. I do expect they will endeavour to keep together, as they are brothers, and I am convinced Isham was persuaded off by Jesse. I am inclined to think they will endeavour to make to some of the northern states, and try to pass as freemen.
I will give the above reward, if delivered to me in Charles City County, or twenty dollars for either; or ten dollars for each, to have them secured in jail, so that I get them again.
W. B. CHRISTIAN. Charles City County, March 18, 1805.
ENQUIRER.
RICHMOND, MARCH 26, 1805.
THE PRESENT POLICY OF THE FEDERAL PARTY.
NO. I.
FRUITFUL in resources, and indefatigable in their zeal, the federal party have scarcely ever despaired of recovering from their defeat. No sooner is one error refuted and one trick exposed, than their ingenuity or their artifice have readily supplied them with others. Gifted with the fecundity of the fabled Hydra, their blood falls to the earth, only to generate new monsters. Following in their turn the fate of their parent, these have been unable to withstand the power of truth: and the federal party are now left to the unavailing regret, that in spite of their multiplied expedients, in spite of their indefatigable zeal, they have scarcely partaken of a solitary triumph.
Previous to the commencement of Mr. Jefferson's administration, they represented the republican party as the friends of France and revolutionary anarchy, and as the enemies of Britain and good government. Taking these traits as the ground work of their picture, they drew a scene of the probable policy of our administration and the condition of our country, fraught with the most horrible images. In a few months we were to be engaged in a sanguinary war with Great Britain, and entangled in a base alliance with France. Navies were to be built; armies to be raised; taxes were to be levied upon the deluded people. Even if this scene should not be realised, their prophetic imagination was ready to draw as melancholy a picture of our internal relations. The principles of the republican party were said to be copied from the revolutionary Jacobins of France. Their political opponents were to be denounced, proscribed, perhaps immolated on the guillotine. The rights of property were to be violated; and the confiscated estates of the proscribed, were intended to reward the Roberpierre and the Danton of the day. What has now become of these glowing images of foreign degradation and internal distress? They have faded like the visions of the night, before the dawn of experience. Connected by treaties of friendship with Great Britain and France; neither involved in war with the one, nor entangled in alliances with the other, we have commanded the respect of both, and of all Europe. At home, we are enjoying a mild and benificent administration. Persecution is gnawing her own chains. Where the public weal is supposed to demand a change of measures, reformation takes the place of revolution: and social order is maintained by the laws, as well as by the habits of the people.
With such illiberal insinuations on the views of the republican party, they blended more illiberal attacks upon the private character of the President. They descended to the recesses of his private conduct: vainly expecting to find those defects in the man which they had in vain attempted to detect in the public officer. There was scarcely a vice in the whole catalogue of human infirmities, which they did not triumphantly attribute to him. Fearless of God, he was said to be in continual fear of man. He had prophaned the vestible of conjugal love. Under an air of the most sanctified simplicity, he was disguising the most ambitious and extensive designs. The fastidious critics of the administration, thinking nothing beneath them, even erected themselves into a contemptible court of fashion; and arraigned at this terrible tribunal even the texture of his coat and the hue of his hose. Impotent and contemptible criticisms! That perfection is not the attribute of man, is what the friends of Mr. Jefferson have never denied: that Mr. Jefferson possesses more illustrious virtues, than most other men, that he has rendered more substantial services to America, than almost any other man; this is the position which his friends are anxious to maintain, and which the people have ratified by a triumphant voice. In four years there is scarcely a single friend who has deserted his cause; while numbers of his former enemies have honorably acknowledged their mistake by enlisting under its banners.
Defeated in such impotent projects, the federal party of the north next determined to vary the method of their attack. Unable to accomplish their objects by a complete combination with the south, they resolved to pursue the old maxim of tyrants, & conquer by dividing. They now attempted to excite a jealousy among the republicans of the north towards the republicans of the south. They defeated upon Southern ambition and Northern degradation. They represented the people of the South as the natural rivals and the actual masters of the North. Virginia in particular was said to be secretly acquiring this transcendent influence. They appealed to her reluctance in embracing the present constitution; they appealed to the second section of the first article of that instrument; to her opposing the principal acts of the two anterior administrations; to every measure of the present administration, for so many proofs of Virginia ambition and Virginia influence. They tried to eke out these constructive charges, by recurring to recent facts. They produced Pierce Butler's letter to the legislature of S. Carolina, too plainly dictated by the goadings of disappointed ambition. They condescended even to cite the authority of Mr. Elliott of Vermont; he who stands forth as an awful beacon of the danger, of sacrificing the public interests, to gratify our own inflated feelings. The tocsin was sounded through the New-England states. Virginia influence was now the federal talisman, by which they hoped to work a change of the administration, if not a dissolution of the union. It was employed in their public prints; it was employed in their private circles; it was employed in their public meetings.—“May the dominion of Virginia be limited by the constitution, or at least by the Delaware,” was a set toasts, given by 180 federalists of Boston, at a festival given to Mr. Gore. But this charm was employed in vain. The federalists of the north could never inspire the republicans with familiar apprehensions. The presidential election at last decided the extent of these impressions. And what has turned out to be the result? That New-Hampshire, Massachusetts, Vermont and Rhode-Island, four out of the five New-England states, which gave an unanimous vote against Mr. Jefferson in the year 1800, has now given an unanimous vote for him.
To what great purpose then have the federal party exerted all their ingenuity? With 14 votes only, out of 176, in the election of a President: their influence lost in the Senate and House of Representatives: directing the decisions of only three Legislatures in the union; they exhibit a striking instance of useless and perverted effort. In this desperate situation, where is the remedy, which can preserve them from destruction? Is there any other alternative offered to their choice, than to resign their opposition, & submit the uncontrolled superintendence of affairs to the opposite party? Is there in fact any practicable policy which can promise them relief, in this disconsolate condition?—There is
such a policy; it is the only policy too, which they can pursue; and it is a policy, which may be productive of considerable benefit to them, if the republican party will permit them to pursue it.
So long as the federal party bore any considerable ratio to the republican party, the members of that party were united by a sense of mutual danger. Every man was willing to sacrifice some part of his own interest, or some small shade of opinion to the good of the whole. But it was predicted, that the downfall of the federal party would be followed by the division of the republicans. Contending feuds who unite for the fear of a common enemy, have been observed to separate from each other when the enemy is defeated, and the same destiny was predicted to befall the members of the republican party.
RICHARD B. GOODE, Esq. is appointed NOTARY PUBLIC for the town of Manchester.
A few copies of the following BOOKS, just received and for sale at the OFFICE of the ENQUIRER.
Johnson's Dictionary, with Walker's pronunciation. Life of Sir William Jones. Medical Thesies. Wettengl's Greek Grammar translated. Cobbett's French Grammar. Stephens's History of the wars of the French Revolution. Burke's Works, Superb Edition. Horace Delphini. Virgil Do. Cæsar Do. &c. &c. Also, a full assortment of STATIONARY.
FAIRFIELD RACES.
ON Monday the 6th day of May, The FAIRFIELD JOCKEY CLUB CUP will be run for, free for all ages—the horses to be bona fide the property of members—distance, two mile heats. The day following, the JOCKEY CLUB PURSE of four hundred dollars, four mile heats. On the third day, the PURSE OF THE PROPRIETOR OF THE COURSE, of two hundred dollars, three mile heats.
On Thursday, a SWEEP STAKE for Colts of 3 years old, for a pipe of best Madeira Wine; distance, two mile heats. Four Colts are entered, and the subscription closed.
WEIGHTS AS FOLLOW.
Aged 135 lbs. 6 years old 128 5 do. do. 118 4 do. do. 106 3 do. do. 90 Mares & Geldings allowed 3 lbs.
ESME SMOCK, who is now proprietor of the Course, informs gentlemen of the Turf, that the money to be run for each day, will be placed in the hands of the Judges.—He is willing to rent the Dining House, and the Booths in the Field. Persons will be placed at the gate to receive Tall, as usual.—He will also furnish stables and litter for race horses gratis; and board servants at 25s pr. day. March 26. (eptR)
VIRGINIA.
At a superior court of Chancery, holden in Richmond the 23d day of March, 1805.
Between James Anderson and Philip Thurman, merchants & partners under the firm of James Anderson and company. Plaintiffs. And Bernard Markham, & Francis Osborne executor of George Markham deceased. Defendants.
THE defendant, Bernard Markham, not having entered his appearance, and given security according to the Act of Assembly, and the rules of this court, and it appearing to the satisfaction of the court, that he is not an inhabitant of this country, on the motion of the plaintiffs by their counsel, it is ordered that the said defendant do appear here on the 22d day of the next term, and answer the bill of the plaintiffs, and that a copy of this order be forthwith inserted in some newspaper published in the city of Richmond for two months successively, and posted at the front door of the Capitol in the said city.
A Copy, Teste,
P. TINSLEY, c. c.
March 26. (et u 2 m.)
IN CHANCERY.
At a court of quarterly session, held for Cumberland county, the 25th of February, 1805.
William M. Allen, and James Cody, merchants and partners acting under the firm of Allen and Cody, Plaintiffs. Against Joseph Bradly, John Bradly, Martin S. Devenport, executor of David Devenport dec'd. Francis Devenport, & Jesse Dowdy. Defendants.
HIS day came the plaintiffs by their attorney, and the defendants Joseph Bradly, & John Bradly, not having entered their appearance, and given security according to the Act of Assembly, and the rules of this court, and it appearing to the satisfaction of the court, that they are not inhabitants of this state; On the motion of the complainants by their counsel, it is ordered that the said defendants, Joseph Bradly and John Bradly do appear here on the first day of April court next, to answer the complaints bill, and that a copy of this order be forthwith inserted in some one of the newspapers published in the city of Richmond, for two months successively, and posted at the front door of the Court-House of this county.
A Copy, Teste,
SAMUEL HOBSON, D. C. C. C.
March 26. (e to 2 mp.)
NOTICE.
THE twenty-first section of the act passed on the 29th January, 1805, for carrying into execution, the constitution of the Mutual Assurance Society, lately adopted at a general meeting, stipulates, to wit:
“That no house shall be considered as being within a town, within the meaning of this act, unless it be within the limits of a town established by law, or in the suburbs thereof, on a lot or piece of land not more than two acres.”
Under the laws and regulations lately adopted, the re-valuations of the insured buildings, must be made under the superintendence of the special agents, lately appointed for each judicial district, as also for those appointed for the towns of Norfolk, Petersburg, Richmond, Fredericksburg, Alexandria and Winchester. The re-valuations of the insured buildings in the smaller towns are to be made under the inspection of the district agents appointed for the respective districts.
All new valuations shall likewise be made under the superintendence of the agents aforesaid. Under the rules of the society, the General Office will be open for the transaction of the business, from 9 o'clock, A. M. to three P. M. and at no other time.
W. F. AST, P. Agent, M. A. A.
The printers of this state are requested to insert the above once in their respective papers. March 26.
Printing,
IN ALL ITS VARIETY, EXECUTED AT THE OFFICE of the ENQUIRER.

WAR WITH SPAIN. DECLARATION.
Downing-street, January, 1805.
From the moment that hostilities had commenced between Great Britain and France, a sufficient ground of war against Spain, on the part of Great Britain necessarily followed from the treaty of St. Ildefonso...
This right, however, for prudential reasons, and from motives of forbearance and tenderness toward Spain, was not exercised in its full extent...
It was immediately stated by his majesty's minister at Madrid to the Spanish government, that a subsidy as large as that which they were supposed to have engaged to pay to France, far exceeded the bounds of forbearance...
When his majesty had first reason to believe that such a convention was concluded, he directed his minister at Madrid to declare that his forbearance to consider Spain as an enemy must depend in a great degree upon the amount of the succours...
The execution of these instructions produced a variety of discussions; during which his majesty's minister told Mr. Cevallos, in answer to his question, whether a continuance of such pecuniary succours to France would be considered as a ground of war...
Before the receipt of these instructions, dated January 21, 1805, the report of some naval armaments in the ports of Spain had occasioned a fresh correspondence between his majesty's minister and the Spanish government.
nature; his Majesty's minister closed the correspondence on his part by a note delivered on the 18th of February, in which he declares that all further forbearance on the part of England must depend upon the cessation of all naval armaments...
In the month of July, one thousand eight hundred and four, the government of Spain gave assurances of faithful and settled neutrality...
Hereupon there appeared a direct and unequivocal violation of the terms on which the continuance of Peace had been acquiesced in...
No substantial redress, no satisfactory explanation, was afforded in consequence of these repeated representations...
The precautions adopted by his Majesty were such only as be deemed indispensably necessary to guard against the augmentation by Spain of her means of naval preparation...
Spanish homeward-bound ships of war, unless they should have treasure on board, nor merchant ships of that nation however laden, on any account whatsoever.
It remains only further to observe, that if any additional proof were requisite of the wisdom and necessity of precautionary measures...
On the 26th of October, 1804, his Majesty's charge d'Affaires presented a note to the Spanish minister, in which the following conditions were insisted upon...
The leading circumstances which characterize the reiterated abuse of his Majesty's moderation, were each of them of a nature to have exhausted any less settled system of lenity and forbearance.
By Authority. LAWS OF THE UNITED STATES.
AN ACT, Making appropriations for the support of the Navy of the United States, during the year one thousand eight hundred and five. Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled...
and amounting altogether to the sum of one million two hundred and forty thousand dollars, shall be paid, first, out of the monies accruing at the end of the year one thousand eight hundred and five...
NATHL. MACON, Speaker of the House of Representatives. JOS. ANDERSON, President of the Senate, pro tempore. APPROVED, TH: JEFFERSON.
AN ACT, For the relief of Alexander Murray. Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled...
NATHL. MACON, Speaker of the House of Representatives. JOS. ANDERSON, President of the Senate, pro tempore. APPROVED, TH: JEFFERSON.
AN ACT, For the relief of John Steele. Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled...
NATHL. MACON, Speaker of the House of Representatives. JOS. ANDERSON, President of the Senate, pro tempore. APPROVED, TH: JEFFERSON.
WILL BE SOLD, At Public Auction, on Saturday the 20th day of April next, at the Rawleigh Tavern, in the city of Williamsburg; THAT valuable Plantation called YARMOUTH...
LAND FOR SALE. A TRACT of about 850 acres, lying on James River, adjoining the town of Lynchburg; one hundred and forty of which is low ground...
NOTICE. ALL persons indebted to the late firm of BUCHANAN, DUNLOP & CO. of Petersburg, ROBERT POLLOK & CO. of Richmond, and DUNLOP, POLLOK & CO. of Manchester...
ADVERTISEMENT. To be SOLD to the highest bidder, on a credit of twelve months, FIVE TRACTS OF LAND, belonging to the estate of Thomas Anderson...
One in Botetourt county of 160 acres, lying on Catawba creek; this tract to be sold at next April Botetourt court...
One of 400 acres, one of 147 acres, and one of 50 acres, lying in Buckingham county, and the latter on the waters of Rock Island creek...
CHARLES SPENCER, HAS just received by the ship Industry, from Liverpool, a variety of Japaned and Hardware...
TO PRINTERS.
HENRY OURAM—PRESS-MAKER, South-east corner of Prune and Sixth-streets: RESPECTFULLY informs the trade, that he undertakes to supply Printing-Offices with every thing in his line...
THE subscriber wishes to sell the HOUSE & LOTS in Williamsburg, where he resided the last year—there are four acres of ground, with a comfortable dwelling...
FOR RENT OR LEASE, And immediate possession given: A HOUSE on the Basin of the Canal, occupied at present, and for four or five years past by the subscriber as a retail Grocery...
FOR SALE, A FEMALE SERVANT, 35 years of age. She is a good sempstress and house servant, and a perfectly honest. Apply at this office.
THE Subscriber intends to practise LAW in the County Courts of Mecklenburg, Halifax, Lunenburg and Brunswick; & in the District Courts of Brunswick and Prince Edward.
FOR SALE, A LIKELY young negro fellow, a BLACK SMITH by trade, and is well acquainted with the making of plantation utensils. For terms apply to PETER RUST.
THE PATENT BALANCE. THE great accuracy, convenience and dispatch, beside economy of expence, labor and time attendant on this truly valuable improvement in the art of weighing...
W. B. ROUTES. This late testimonial in its favor, with many others in possession of the subscriber, together with the general approbation expressed by all purchasers...
DOCTOR WILSON received yesterday a supply of Peruvian Bark, Castor Oil and Talap, all of the best quality. He also has Calomel, Rheubarb, Senna, Manna, Rochelle and Glauber Salts...
LANDS FOR SALE.
In the Genesee Country, state of New York. THE Subscriber having charge of part of the Valuable LANDS in the Genesee country, lately under the agency of Charles Williamson...
NEAL NELSON, BOOT & SHOE MANUFACTURER, MAIN-STREET, RICHMOND, MAKES Boots & shoes to any pattern or fashion...
Imported Boots and shoes, of the first quality and newest fashion, for sale. Gentlemen at a distance, who are disposed to forward their measure, by paying attention to the annexed cut, can be fitted with Boots or Shoes as well as they were on the spot.
BROKER'S OFFICE. THE Subscriber has opened a Broker's Office, opposite the Union Tavern, and over the Counting-house of Thomas and Anas Ladd. All business confided to him, will be transacted with strict fidelity.
He has for sale—A FEW SHARES IN THE MANCHESTER TURNPIKE. Also—Old State Certificates, bearing six per cent interest.