The enquirer (Richmond, Va.), 1805-06-14 00:00:00

G. Minor
The Enquirer.
PUBLISHED BY RITCHIE & WORSLEY, OPPOSITE THE POST-OFFICE...AT FIVE DOLLARS PER ANNUM... (PAYABLE IN ADVANCE.)
NUMBER 11.]
RICHMOND, FRIDAY MORNING, JUNE 14, 1805.
[VOLUME 2.]
FOR CHERBOURG, The copper-bottomed ship MAR- THA, Capt. PETRIE, burthen about 650 bds. having two thirds her cargo now engaged, is expected to sail about the 15th July, and will take 100 or 150 bds. tobacco on a moderate freight. For terms apply to JOHN NEWELL, Jr. Norfolk, or BROWN, RIVES & Co. Richmond. (cp4w)
May 31.
ELLIS & ALLAN Have received by the Rolls from London, part of their SPRING GOODS, amongst which are the following articles: LONDON Superfine Cloths and Callimeres, 3-4, 8-4 and 10-4 Diapers, Handsome fashionable worked & laced Muffins, 8-4, 8-10 and 10-16 Damask Table Cloths, Gentlemen's white and brown Cotton Stockings, Ladies' elegant laced white do. Do. Tortoise-shell bent and braid Combs, Chintzes, Calicoes and Furniture Gentlemen's black fashionable Hats, Do. drab beaver do. Do. do. patent silk do. Umbrellas, Boy's Morocco Caps, plain and furr'd, Belt Hemp Roles, English White Lead, Spanish Brown, Yellow Ochre, ground in oil, and Verdigris, Prussian and Fig Blue, Belt Boiled Oil in Jars, Durham Mustard, &c. &c. Which, added to their present stock, and those expected (daily) from Liverpool, will render their assortment general. May 7. (epf)
THE SUBSCRIBER BEGS leave to inform his friends, and the public in general, that he has leased of Capt. Samuel Ellis, for a term of years, his white house at Rock- Ellis, nearly opposite Mrs. Sarah Letter's lower Wharfs; where he purposes carrying on the COM- MISSION BUSINESS in its various branches. Merchants of this place, who are in the habit of making shipments, may frequently be furnished with good & substantial vessels to transport their commodities, by application to him. Those who may be pleased to employ him in this line of business, may rest themselves assured that every exertion in his power will be made, to render every satisfaction. He expects to be in the habit of receiving a very considerable quantity of Lumber of all kinds, suitable to this market, particularly half and three quarters inch Shingles, one hundred thousand of the former he imagines will be up in the course of ten or fourteen days, which will be sold on terms, not unpleasing to the purchasers. Bacon, &c. will also be received by him. EDWARD FAULCON. May 31. (5 eptm)
BROKER'S OFFICE. THE Subscriber has opened a Broker's Office, opposite the Union Tavern, and over the Counting-house of Thomas and Amos Ladd. All business confided to him, will be transacted with strict fidelity. THOMAS NORVELL. He has for sale—A FEW SHARES IN THE MANCHESTER TURNPIKE. Also—Old State Certificates, bearing six per cent interest. March 12. tf
MILITARY CERTIFICATES. FOR SALE, Certificates of this state, bearing interest of 6 per cent. and receivable at the Treasury, for all arrears of taxes, prior to the year 1798. WILLIAM PRICE, Capt. Genl. M. A. S. May 10. (tf)
FOR SALE, A VALUABLE tract of Land containing about six hundred acres, lying within seven miles of the town of Staunton, in the county of Augusta. About an hundred and fifty acres are cleared, and in good condition for farming, which includes an excellent meadow of about twenty-four acres, and nearly, or quite as much more may be made. The improvements are, two good log dwelling houses, with stone chimneys, near a large and never failing spring of excellent limestone water; a large and convenient barn; and a tolerable apple orchard, which seldom fails bearing. This farm is conveniently situated, lies well for cultivation, well timbered, and in a good neighbourhood. It is generally supposed, by the best farmers, to be as valuable as any other of its size, within a considerable distance of Staunton, and reasonably worth eight thousand dollars, prompt payment. However, if an early application be made, it may be purchased for a less sum, and the purchaser accommodated as to the time which will be given for the payment of more than half the price. If the whole of the purchase money is tendered at the time of making the conveyance, or giving possession, it may be had for ten dollars per acre, which very little (if any) exceeds two thirds of its value. This property is certainly an object worthy the attention of any person who may be disposed to possess a productive farm in this part of the country. For further information apply to the subscriber residing in Staunton, who will show the farm. CHESLEY KINNEY. June 7. (ep3w)
FOR SALE OR LEASE: THAT large and convenient TAVERN, situated in the centre of the town of Lynchburg, at the corner of the street leading to the court-house and jail, and not more than thirty yards from both, opposite Lynch's ware-house and the street leading from the ferry in the town. The Tavern contains four rooms and a bar on the first floor, including two very large rooms suitable for a ball and dining room, with a sliding partition to the ball room. The second floor contains six rooms, one the size of the ball room and the others suitable for lodging rooms, with an excellent garret. This Tavern has a large portion the full length of the house, also a good dry cellar, and a well appointed door, together with a kitchen, smoke-house, dairy and a stable with twenty-two stalls therein, with a spacious garden and yard leading to the stable. Other improvements will be made to suit the purchaser or lessee. It is deemed unnecessary to state the great value of the above property, or to say more as to the advantage arising from its central and eligible situation for a Tavern, as it is presumed no person would be inclined to purchase or lease the above property without viewing the premises, there being no doubt but they would be better satisfied after seeing the convenient situation, than any information they could get from this advertisement. A liberal credit will be given any person desirous of the purchase or an advantageous lease. For further particulars, apply to William Rose, jun. Richmond, or the subscriber, residing about three miles from Lynchburg. SAMUEL SCOTT. April 30.
CASH Will be given for 12 or 15 BOYS, from 7 to 15 years old. Enquire of the Printers. Dec. 15. [epf]
ALL persons having claims against the estate of the late Rev. Robert Ware, dec'd. of Middlesex county, are desired to bring them forward, properly authenticated, on or before the first day of September next, otherwise this advertisement will be plead in bar against all claims exhibited, after that date; as the subscriber is desirous to close his administration account as soon as possible. EDWARD WARE, Admin'r with the will annexed. Effex, May 31. [ep1m]
TO BE SOLD, To the highest bidder, on the premises, on the last Saturday in June next, SO much of the LAND, whereon John Kello lives, in the county of Cumberland, late the property of Peter Francisco, as will pay the balance claimed of him, by Samuel G. Adams, of £. 160, with its interest, by virtue of a deed of trust executed to me, by the said Peter Francisco, for that purpose. CREED TAYLOR, Trustee. May 17. (eptds.)
VALUABLE PROPERTY. The subscriber desires to dispose of his business in this place as soon as possible, is induced to offer for sale, the following valuable property, viz. A CONVENIENT two story dwelling house, 24 feet square, having one room and a passage on the lower floor, two rooms on the second floor, and two good rooms in the garret, a cellar with plank floor, and divided into three apartments, one used for cooking; the yard inclosed with a brick wall seven feet high, the whole in good repair. This tenement is situated near the Bell-Tavern, on the cross street leading to the Rock landing, and is insured in the Mutual Insurance company, against fire in the state of Virginia, and the premiums paid. Eleven unimproved half acre Lots, on Shockoe-Hill. 600 acres Military land in Kanawha county, on the waters of Oldtown creek, a branch of Ohio river, being a grant made to George Mule, Adam Stevens, Andrew Lewis and others, in the year 1772. 25 tracts of Land in Montgomery county, containing 22,172 1/2 acres, the whole patented in my name- viz. 4000 acres surveyed 3d April, 1786 in Montgomery county, on Cole river. 3080 acres surveyed 24th July, 1786 in same county, on 16 mile creek, adjoining the late General Washington's survey on Kanawha river. 3062 1/2 acres surveyed 23d July, 1786, in same county, on Loop waters, waters of New-river. 1000 acres surveyed 13th May, 1786 in same county, on the Ohio river. 3210 acres surveyed 5th April, 1786 in same county, south of a creek running into Cole river. 2138 acres surveyed 21st February, 1787 in same county, on Cole river. 320 acres surveyed 3d February, 1787 in same county, on the waters of Cooper's creek and Little Blue floue. 1800 acres surveyed 16th Feb. 1787 in same county, on the head waters of the fourth fork of Cole river, that heads against Guyandott. 95 acres surveyed 10th Feb. 1787 in same county, on the head waters of Glade creek. 78 acres surveyed 8th Feb. 1787 in same county, on a branch emptying into Glade creek on the fourth side of the same, and about one mile above the ford of said creek. 500 acres surveyed 10th Feb. 1787 in same county, on the north fork of Mud river, that heads against Guyandott. 1500 acres surveyed 12th May, 1786 in same county, on Ohio river. 2000 acres surveyed 8th May, 1786 in same county, on the great Kanawha. 1000 acres surveyed 16th May, 1786 in same county and on ditto. 263 acres surveyed 8th Feb. 1787 in same county, on the head of Glade creek. 214 acres surveyed 7th Feb. 1787 in same county, on the waters of Glade creek, on the south side thereof. 185 acres surveyed 6th Feb. 1787 in same county, on the west end of Joe's Ridge, and on the waters of Glade creek. 151 acres surveyed 6th Feb. 1787 in same county on Joe's ridge. 228 acres surveyed 6th Feb. 1787 in same county, on Joe's ridge, and the waters of Glade and Cooper's creek. 414 acres surveyed 22d Feb. 1787 in same county, on the second fork of Cole River, on the road crossing from Piney river to Guyandott. 2000 acres surveyed 26th Feb. 1787 in same county, under the big pipe stem knob, and running down both sides of the creek. 416 acres surveyed 4th Feb. 1787 in same county, on the waters of Coopers creek, and Joe's ridge. 380 acres surveyed 3d Feb. 1787 in same county, on the head waters of Cooper's creek. 3338 acres surveyed 20th Feb. 1787 in same county, on the fourth fork of Cole river. 1345 acres surveyed 2d Feb. 1787 in same county, on the head waters of Little Blue floue, about half a mile north from the White Oak creek. Three tracts of land in Monongalia county, patented in my name, viz. 350 acres by survey 1st June, 1796 in Monongalia county, adjoining Matthew Richey's land, and the Randolph county line, on waters of Cheat river. 400 acres surveyed 20th October, 1797 in same county, adjoining lands of Abner Harper, above the mouth of White Day creek. 400 Acres surveyed 15th Nov. 1797 in same county, adjoining Peter Drago, on Finche's run, to include an improvement made in the year 1773. 1000 acres in same county, on the west of Cheat river, above the lands of Thos. Butler. 800 acres in same county, on Buffalo creek, on a pre-emption right of David Gray. 250 acres in Greenbrier county, on Little Deer creek, adjoining lands of Joseph McClung. 891 acres in Montgomery county, surveyed 1st August, 1787, on the waters of Piney river & Paint creek, waters of Kanawha river. 435 acres in Montgomery county, surveyed 30th June 1786, joining the lands of Joseph Eaton, Richard Mule, and James M'Corcle. 230 acres in Wythe county, surveyed 4th Nov. 1795, on the Led Mine Mill creek. 180 acres in Albemarle county, patent dated 5th July, 1787, on William Hill creek, waters of Buck Island creek. One undivided moiety of five lots, in the town of Winchester, No's. 99, 90, 100, 101, and 109. The above will be sold very low, and the terms made known on application to Wm. AUSTIN. Richmond, April 9. (tf)
THE subscriber begs leave to inform his friends and the public at large, that he has obtained a commission for the exercise of the duties of a NOTARY PUBLIC, in and for this city; and that any business committed to him shall meet with prompt dispatch. SAMUEL M'CRAW. May 21. [tf]
A FEW HUNDRED EXCELLENT QUILLS FOR SALE AT THE ENQUIRER OFFICE.
MOUNT SION FOR SALE. The subscriber offers for sale, Mount Sion , a plantation in Northumberland county, known by the name of MOUNT SION . The above tract contains about 500 acres, all of which is equal to any land in that part of the country for fertility of soil, and has every requisite to make it a desirable situation for a genteel family. There is on the land an excellent brick dwelling house, with every convenient out house; it is situated on the navigable waters of the Potomack, and commands an elegant view of the river; it is very convenient to ffe, oysters, &c. and is within one day's sail of Alexandria, Norfolk, and Baltimore. Terms of sale will be made known by application to Mr. Henry Ball, who resides on the land, or to the subscriber. JEKYLL JONES. May 3. [epf]
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. [epf.]
NEAL NELSON, BOOT & SHOE MANUFACTURER, MAIN-STREET, RICHMOND. MAKES Boots & Shoes to any pattern or fashion, equal in point of MATERIALS and WORKMANSHIP to any in general use. Imported Boots and Shoes, of the first quality and newest fashion, for sale. Gentlemen at a distance, who are disposed to forward me their measure, by paying attention to the annexed cut, can be fitted with Boots or Shoes as well as if they were on the spot. A—The length of the Foot. B—The length of the Heel. C—The pitch of ditto. D—Round the Heel and Heel. E—Round the instep. G—Across the ball of the foot. F—The heel against a perpendicular, and stick a knife at the end of the great toe—set down in figures the number of inches and quarters, in the different measures. January 1. epf
VIRGINIA. In the Superior Court of Chancery held in Richmond, Between Thomas Price and John Sandridge, Plaintiffs. And Alexander Outlaw, senior, and Alexander Outlaw, junior, Defendants. ON motion of the defendant, Alexander Outlaw, junior, by counsel, this cause is ordered to lie docketed; thereupon the said defendant filed his answer, to which the plaintiffs replied generally, and commissions are awarded the plaintiffs and the said defendant, to examine and take the depositions of their witnesses; and on the further motion of the said defendant, the court referreth the accounts, between him and the plaintiffs in this suit, to one of its commissioners, to be by him examined, stated, settled, and to the court reported with any special matters thought pertinent by himself, or required by the parties to be specially stated. A Copy. Teste, PETER T. NSLEY, C.C.
COMMISSIONER'S OFFICE. Richmond, 15th May, 1805. THE parties will take Notice, that I have appointed the twenty-ninth day of July next, to commence the account directed by the annexed decretal Order of the Court—on which day they are requested to attend at my office in this city, with the accounts & vouchers prepared, and ready for examination and settlement—and with copies of the court papers. SAMUEL GREENHOW, M.C. May 21. tf
FOR SALE, AT RITCHIE & WORSLEY'S BOOK-STORE: BURKE'S Works, 8 vols. calf, gilt, 24 Pindar's do. 5 do. do. do. 17 Moore's Anacreon, handsomely bound in sheep 3 Johnson's Dictionary, with Walker's pronunciation, 3 50 Domestic Encyclopedia, 5 vols. 15 Darwin's Zoonomia, 2 vols. 2 25 Life, by Miss Seaward, 8 Burns' Works, 4 vols. calf, gilt, 2 50 Humphrey's Works, boards, 3 Life of Cowper, by Hayley, 8 Anacharsi's Travels in Greece, 4 vols. boards, 8 Brown's Elements of Medicine, 2 Cobbett's Grammar, for Frenchmen to learn English, 2 Robinson Crusoe, elegant edition, with plates, 3 vols. 7 Graydon's Digest of the Laws of the U.S. 4 Hening's Justice, 3 50 Horace Delphini, 3 Virgil do. 3 Cicero do. 3 Cesar do. 2 50 Salust do. 1 75 ALSO—A small assortment of STATIONARY. May 27. (et4t)
THE subscriber offers for sale, Mount Sion , a plantation in Northumberland county, known by the name of MOUNT SION . The above tract contains about 500 acres, all of which is equal to any land in that part of the country for fertility of soil, and has every requisite to make it a desirable situation for a genteel family. There is on the land an excellent brick dwelling house, with every convenient out house; it is situated on the navigable waters of the Potomack, and commands an elegant view of the river; it is very convenient to ffe, oysters, &c. and is within one day's sail of Alexandria, Norfolk, and Baltimore. Terms of sale will be made known by application to Mr. Henry Ball, who resides on the land, or to the subscriber. JEKYLL JONES. May 3. [epf]
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. [epf.]
NEAL NELSON, BOOT & SHOE MANUFACTURER, MAIN-STREET, RICHMOND. MAKES Boots & Shoes to any pattern or fashion, equal in point of MATERIALS and WORKMANSHIP to any in general use. Imported Boots and Shoes, of the first quality and newest fashion, for sale. Gentlemen at a distance, who are disposed to forward me their measure, by paying attention to the annexed cut, can be fitted with Boots or Shoes as well as if they were on the spot. A—The length of the Foot. B—The length of the Heel. C—The pitch of ditto. D—Round the Heel and Heel. E—Round the instep. G—Across the ball of the foot. F—The heel against a perpendicular, and stick a knife at the end of the great toe—set down in figures the number of inches and quarters, in the different measures. January 1. epf
VIRGINIA. In the Superior Court of Chancery held in Richmond, Between Thomas Price and John Sandridge, Plaintiffs. And Alexander Outlaw, senior, and Alexander Outlaw, junior, Defendants. ON motion of the defendant, Alexander Outlaw, junior, by counsel, this cause is ordered to lie docketed; thereupon the said defendant filed his answer, to which the plaintiffs replied generally, and commissions are awarded the plaintiffs and the said defendant, to examine and take the depositions of their witnesses; and on the further motion of the said defendant, the court referreth the accounts, between him and the plaintiffs in this suit, to one of its commissioners, to be by him examined, stated, settled, and to the court reported with any special matters thought pertinent by himself, or required by the parties to be specially stated. A Copy. Teste, PETER T. NSLEY, C.C.
COMMISSIONER'S OFFICE. Richmond, 15th May, 1805. THE parties will take Notice, that I have appointed the twenty-ninth day of July next, to commence the account directed by the annexed decretal Order of the Court—on which day they are requested to attend at my office in this city, with the accounts & vouchers prepared, and ready for examination and settlement—and with copies of the court papers. SAMUEL GREENHOW, M.C. May 21. tf
FOR SALE, AT RITCHIE & WORSLEY'S BOOK-STORE: BURKE'S Works, 8 vols. calf, gilt, 24 Pindar's do. 5 do. do. do. 17 Moore's Anacreon, handsomely bound in sheep 3 Johnson's Dictionary, with Walker's pronunciation, 3 50 Domestic Encyclopedia, 5 vols. 15 Darwin's Zoonomia, 2 vols. 2 25 Life, by Miss Seaward, 8 Burns' Works, 4 vols. calf, gilt, 2 50 Humphrey's Works, boards, 3 Life of Cowper, by Hayley, 8 Anacharsi's Travels in Greece, 4 vols. boards, 8 Brown's Elements of Medicine, 2 Cobbett's Grammar, for Frenchmen to learn English, 2 Robinson Crusoe, elegant edition, with plates, 3 vols. 7 Graydon's Digest of the Laws of the U.S. 4 Hening's Justice, 3 50 Horace Delphini, 3 Virgil do. 3 Cicero do. 3 Cesar do. 2 50 Salust do. 1 75 ALSO—A small assortment of STATIONARY. May 27. (et4t)
Pleadings of Counsel, ON THE IMPEACHMENT OF JUDGE CHASE. THURSDAY, FEBRUARY 21. [Mr. Hopkins, in continuation.]
This first article, sir, charges, "That unmindful of the solemn duties of his office, and contrary to the sacred obligations by which he stood bound to discharge them faithfully and impartially and without regard to persons, the said Samuel Chase on the trial of John Fries, charged with treason, before the circuit court of the United States, held for the district of Pennsylvania, in the city of Philadelphia, during the months of April and May 1800, whereat the said Samuel Chase presided, did in his judicial capacity, conduct himself in a manner highly arbitrary, oppressive and unjust." This general accusation is followed by three distinct specifications of offence, to wit:
1. In delivering an opinion, in writing, on the question of law, on the construction of which the defence of the accused materially depended, tending to prejudice the minds of the jury against the case of the said John Fries, the prisoner, before counsel had been heard in his defence.
2. In restricting the counsel for the said Fries from recurring to such English authorities as they believed apposite, or from citing certain statutes of the United States, which they deemed illustrative of the positions upon which they intended to rest the defence of their client;
3. In debarring the prisoner from his constitutional privilege of addressing the jury (through
his counsel) on the law as well as on the fact, which was to determine his guilt, or innocence, and at the same time endeavoring to wrest from the jury their indisputable right to hear argument, and determine upon the question of law, as well as the question of fact, involved in the verdict which they were required to give."
In the whole of these specifications I am able to discover but one truth; the rest is wholly contradicted and disproved by the evidence. It is true, that judge Chase did form and deliver an opinion upon the question of law, on the construction of which the defence of the accused materially depended—but when the article goes on to charge that this opinion tended to prejudice the minds of the jury against the case of John Fries the prisoner, before counsel had been heard in his defence, it is utterly unfounded and untrue. To whom was this opinion delivered? To the counsel for Fries; and to no other person. The third copy, and but three were made, never was delivered, to the jury or to any other person, and never could have been. It was never intended to come to the knowledge of the jury, until they had completely heard the discussion of the case by counsel, when they were to have taken out with them this opinion of the judge upon the law of the case submitted to them. At that period of the trial when it was not only the right but the duty of the court to state to the jury their opinion of the law arising on the facts, then and not until then was it the intention of the judge to communicate to them this deliberate opinion. Could this be done with any intention to injure or oppress the prisoner? if such was the intention of the act, then and not otherwise, it was criminal. In inquiring into the nature of this act, I confine myself now to the forming and delivery of this opinion, and to decide its innocence or criminality, we should consider it in relation to its motives, its time and manner and its consequences. If nothing partial, oppressive or corrupt it is to be found in any of these, I know not in what or whence the criminality is to be established. In deciding, sir, upon the motive which prompted the judge to this act, we must look for materials in the testimony: by this we must be governed, and not by the imputations, formless and confusions of our opponents, however eloquent and ingenious. The judge and his motives are not only strongly denounced in the article, but have also had the same fate from the mouths of the managers. I take the evidence for my guide, and I know it will be the guide of this honourable court.
What then, sir, did judge Chase declare himself to be the reasons which induced him to form this opinion, to reduce it to writing, and to hand it to the counsel? And permit me here, sir, to state that in all criminal prosecutions for an act equivocal in itself, and whose character of guilt or innocence depends upon the intention with which it was done, the declarations of the party, made at the time, are always received in evidence to ascertain and fix the true character of the act; and the fair and legal explanation of the act is taken and derived from such declarations of the party, if not disproved by other evidence. What then did judge Chase himself say of his intention & motive in relation to this opinion? Mr. Lewis states that on this occasion judge Chase said, that he had understood that at the former trial there had been a great waste of time on topics which had nothing to do with the business or case, and in reading common law decisions on the doctrine of treason, as well as under the statute of Edw. 3d before the revolution; and also relating to certain acts of Congress for crimes less than treason. That to prevent this in future, he or they had considered the law, made up their minds and reduced it to writing. And in order that the council might govern themselves accordingly, had ordered three copies to be made out, &c. &c. Here then the judge, at the time of the act now charged to proceed from a corrupt and partial intention, declares in unequivocal language what were his true motives. His object was to prevent an unnecessary waste of time in a court, where a vast deal of criminal and civil business was then depending and waiting for trial. This was the motive, and the only motive declared and avowed by the judge, at the time he delivered this offensive paper, and unless it be disproved by the evidence or the circumstances of the case, it must be taken to be the true one. It is not a subject of enquiry now whether the reason be assigned for this proceeding be a good or bad one: it is enough to our purpose that it most certainly is neither partial nor corrupt. As the motives was not partial, so neither was or could be the act oppressive to the prisoner, unless the judge in executing his design of preventing the waste of time, pursued it to an unreasonable extent. If he constructed only the introduction of irrelevant matter, and did not exclude any thing that could and ought to have been submitted to the prisoner, he was guilty of no injustice or impropriety. If the proper and legal rights of the counsel or the prisoner were curtailed to his injury, there was certainly injustice done; but if nothing more than wholesome and reasonable restrictions were imposed, to the manifest advantage of the general business of the court and of other suitors there, without any unjust detriment to John Fries, then not only the motive was correct, but the act was highly laudable. And such was undoubtedly the case. If we go no further than Mr. Lewis's testimony on this subject, every idea of an intention on the part of the judge to injure or oppress John Fries is done away. As far as the judge declared himself, his intention was pure and correct, and we cannot say that in the execution of this correct intention, he would have carried it to such excess as to produce oppression and injustice. The design was crushed in embryo; as far as we are acquainted with it, it is fair and clear of oppression, and we are not authorised to presume that if it had proceeded further, it would have changed his character and become partial and corrupt. It is well known in Pennsylvania, that the loudest clamours are made against our courts for the delays of justice and the unreasonable time spent in the trial of every cause. These complaints had doubtless reached the ears of the judge; there was an enormous list of civil causes then before him, and he presumes that an expedient fairly to save time, would have been acceptable to every body, to counsel as well as to suitors.
I have as yet considered this part of the case, only in its most unfavourable aspect to the respondent. Upon turning to the testimony of the
other witnesses, its complexion becomes much more mild and unexceptionable. The suggestion, that this opinion made up by the court, and handed to the counsel, was declared to be final and conclusive upon them, and that no argument in opposition to it was to be permitted or heard, rests wholly and solely on the recollection of Mr. Lewis. Mr. Dallas was not in court at the time it is supposed to have happened; no other witness of all that were present have any remembrance of any such declaration, and two witnesses expressly disprove it. Mr. Edward Tilghman states that judge Chase declared that the court had maturely considered the law arising upon the overt acts charged in the indictment against John Fries. That they had reduced their opinions to writing; that he understood a great deal of time had been consumed upon the 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 of the prisoner, and that the jury should have a third to take out with them. Mr. Tilghman further states that previously to the throwing of the papers on the table, and at the moment it was done, the judge expressed himself in these words, "Nevertheless or notwithstanding counsel will be heard." Mr. Rawle, a witness examined, as well as Mr. Tilghman on the part of the managers, gives the same account of the declared motive of the judge in preparing this opinion, to save time, as much had been lost at the former trial; and states that the judge said the court had determined to express their opinion in writing on law, that they might not be misunderstood. Here we find the reason not only for forming the opinion, but for reducing it to writing also. The court, continues Mr. Rawle, observed, they had therefore committed their opinion to writing—that the clerk had made three copies, one of which should be given to the district attorney; one to the counsel for the prisoner, and one the jury should take out with them. To put this part of the translation beyond doubt, and strengthen, if possible, the character it now bears, I beg this honourable court to advert for a moment to Mr. Meredith's testimony. He too states that the judge declared the court on great deliberation had formed an opinion on the law on the overt acts set forth in the indictment—and that to save time and prevent mistakes, this opinion was reduced to writing—the copies to be distributed as mentioned by the other witness. He further expressly avers that the judge when he threw down the papers declared that the giving of this opinion was not intended to preclude the counsel from being heard, or from expressing any objections to its correctness. After this mass of concurring testimony can the motive of the judge in forming and delivering this opinion be misrepresented or misunderstood; and can it now be believed or pretended that it was done, as the article charges, to prejudice the mind of the jury against John Fries before counsel had been heard in his defence? In order to bear up this charge against this weight of evidence and support Mr. Lewis's testimony in discredit of that delivered by the other witnesses, the managers who have spoken to this of the case pretend that Mr. Lewis should be most relied upon, because most interested in the transaction. This interest, sir, may have given a colouring and appearance to the conduct of the judge, and his anxious zeal for his client may have represented the conduct of the court to his mind in harsher views than it deserved. I have always understood that those witnesses were most to be relied upon who were most cool and least interested in the transaction to which they testify. But the ingenious gentlemen invert this rule. But, sir, I have no intention of making a comparison between the credibility of these witnesses, they are all respectable above suspicion. It is a question of memory and not of character between them, and we must judge from various combinations of circumstances in ascertaining the respective correctness of memory. Mr. Lewis himself most candidly declared his memory to be very uncertain and imperfect of distant events. Besides Mr. Tilghman and Mr. Meredith positively aver that the judge said, counsel would be heard on the correctness of that opinion. Now Mr. Lewis does not and cannot say, that the judge did not say so, but his evidence is no more than this, either that he did not hear it at the time, or that he does not remember it now. I refer the honourable managers to their own rule about affirmative and negative testimony. In the Baltimore case, a single, solitary, unsupported witness (Mr. Montgomery) swears to a declaration of the judge, which some fourteen or fifteen respectable witnesses both for & against this proposition, with equal and better opportunities of hearing all the judge said at that time, declare was not, to the best of their knowledge, uttered by the judge, nor any thing like it. Now say the managers, this single affirmative Mr. Montgomery, is more to be depended upon than all the other witnesses put together. And if any body think so, let it be so. But in Fries's case, we produce two affirmative witnesses against one negative witness, who testifies himself to the imperfection of his memory.
I presume, sir, I have most firmly established the point that the judge, in making up this opinion, had really and truly no other object or motive than to prevent a burthensome and useless waste of time. And sure I am, that whoever attended the first trial of Fries, would see the necessity of some regulation for this purpose. How then did the judge carry this intention into execution? The opinion of the court on the points likely to arise in the case, was put into writing and delivered to the counsel. Was this any disadvantage to them? Was it not rather a friendly guide to them, by which they might shape their argument to as best to meet the points of difficulty, and serve their client? The court furnish each side, as well the United States as the prisoner, with copies of this opinion. This would have the effect to regulate and confine the argument on both sides to the proper channel, to the real points of difficulty, and prevent a wild, desultory and useless extension of the argument into matters wholly irrelevant. It was surely an advantage to Fries's counsel to know the opinion of the court on the point of law in their case, and thus to have an opportunity of meeting and repelling it. If they would convince the court or jury this opinion was erroneous, they would succeed for their client. But if the court had permitted the counsel to take the usual course, and had kept their own opinion in close reserve, without any indication of its direction, until the argument was closed, and had then delivered it to the jury, as unquestionably they might have done, and their opinion had contained some points which his

been overlooked by the counsel, surely it would have been more prejudicial to the prisoner than the course that was pursued. The jury would naturally take the law from the court, and if therefore, the judge had intended to have oppressed John Fries, he would have succeded better by referring his opinion, concealing it from the counsel, permitting them to flounder on in the dark, and then in his charge to the jury, dictate the law to suit his partial and oppressive purpose. Would any gentleman of the law, about to argue a case before a court, think himself aggrieved, if the judge were previously to inform him of the ideas he entertained of the case, with full liberty to controvert them? It would be esteemed a favour.
You will be pleased to bear in mind, sir, that this paper containing the opinion of the court, was not read, nor was there any declaration whatever of its contents or substance. It was known to none, it was intended to be made known to none but the counsel for whose use it was designed. How then could it produce any prejudice to John Fries? No attempt was made, no intention was manifested to read it. It was privately handed to Mr. Lewis. How then did it become public, in what manner were copies distributed to various hands? Not, sir, by the court, but by the counsel of John Fries. Mr. Lewis, in a moment of real or affected indignation, threw the papers from him, declared his hand should not be polluted by it, and cast it upon the table of the court, and it does not appear that to this hour he knows the contents of the paper he so hastily condemned. Several gentlemen of the bar by this means got hold of it and some copies were taken. But for this conduct on the part of Mr. Lewis, nobody ever could have known the contents of the paper or the opinion of the court. It was this that gave publicity to the opinion, and extended a knowledge of its contents, not only without the design and concurrence of the court, but decidedly against them. The act of the court was thus thrown into a different course and direction from what was intended or contemplated by them.
What then, sir, is the whole amount of the crime of the judge on this occasion? That he, a law judge, had been bold enough to form an opinion—not on John Fries's case, or the facts or circumstances of it, for he knew them not; but on certain abstract points of law, without first consulting and hearing Messrs. Lewis and Dallas. And further, he had not only formed such opinions, but he had the audacity to put them into the hands of these gentlemen, which, in the article of impeachment, is called "delivering the opinion." The judge then, on mature deliberation, from a full consideration both of English and American precedents and decisions, had really made up his mind upon what overt acts would constitute the treason of levying war; and to prevent mistake, he had reduced this opinion to writing, and for the information of the counsel on both sides (no partial selection) he gave a copy of this opinion to each of them; and intended to give another to the jury to take out with them. The jury should have this opinion where they could not mistake it, instead of their memories where it might be misunderstood. Is not this, sir, a fair and just epitome of the facts given in evidence? Is it not the full measure and amount of the judge's crime and corruption? If the judge had a right to have an opinion of his own on the case, and if the opinion he formed was a correct one, and it is admitted or at least not denied to be so, where or whence could any injury arise from it to John Fries or his counsel? The opinion is supposed by English authority, and by the highly respectable names of judges Pateron and Trevel. And this opinion judge Chase had an undoubted right to give to the jury. He never intended to give it until the argument was closed, and then he designed to vary from the usual mode of charging jurors, only in this, that to prevent mistake and for more certainty, he would deliver in writing instead of verbally. Yet the article charges that in consequence of the forming & delivering this opinion in this illegal manner, John Fries was convicted and sentenced to death. The undisputed correctness of this opinion wipes away every idea of an intention to injure or oppress John Fries. No injustice could result to him from a legal and correct opinion, which must finally have ruled the case, delivered at any time and in any manner. There might be some inattention to usual forms, but there could be no substantial injury. An opinion thus anticipated, if manifestly unfounded and erroneous, and against the prisoner, might carry some suspicion of unjust prejudice, but how corrupt intentions are to be proved, manifested or executed by correct opinions, is to me inexplicable. The judge had taken much labour and particular pains to inform himself on the law of the case. He would not trust himself on hasty opinions made up at the moment when the life of a fellow citizen was at stake, and might be the forfeit of an error; and he therefore carefully examined the law and deliberately took an opinion. For this unusual attention, he deserves thanks and not impeachment. If knowledge of the law be a crime in a judge, ignorance is his best recommendation; and that judge is most worthy and best qualified for his office, who possesses no opinions of his own on any legal subject, but presents himself as a scholar to be taught by the counsel, and has no impressions but such as they are pleased to give him. I mean not to pass a sentence of condemnation on the views or conduct of the counsel of Fries. Their sole object and anxiety are to save the life of their client; and if they believed they could better effect this end by taking fire at the conduct of the court, by exciting a strong feeling and prejudice against the mode of proceeding, and by involving the court in embarrassment and difficulty, it was for them to judge how far they might pursue this object by such means, and to their own judgment I submit it. It is not easy to say how far counsel may fairly go in such a case, and when the life of the client is in issue, much more will be allowed than in common cases.
We have heard much about the agitation of the bar on this occasion. The particular cause of the bar has not been clearly explained. It might have been produced by the demeanor of Mr. Lewis, which from his own account was violent and indignant, or it might have been the mere bubble produced by the different effects that were made to get hold of the noxious paper which Mr. Lewis cast from him with so much feeling as too foul for his mind; or from a combination of these with other causes. Another circumstance equally immaterial, has been dignified with much importance by the attention the managers have bestowed upon it. I mean the novelty of the proceeding. Every witness was asked in solemn form, "Did you ever see the like before?" "How long have you been a practising lawyer?" "How many criminals have you defended?" "Was not this mode of forming and giving opinions by the court a novelty to you?" Granted, it was a novelty—I say granted, for argument's sake—it was a novelty; and what follows? Is it therefore impeachable? Every innovation, however just and beneficial, is subject to the same consequence. But, sir, if this novelty proceeded not from impure intentions, and was not followed
by oppressive or injudicious consequences, where is its injustice or criminality? There were many other novelties in that trial. It was a novelty that a man named John Fries should be charged with treason, and be tried and convicted for it. I never heard of precisely the same thing before. It was a novelty that counsel should defer their cause in the abrupt manner in which it was then done. But I presume it will not be pretended that these things were wrong merely because they were novel; much less that a judge is to be convicted of high crimes and to be removed from office for a haimless novelty. The articles charge not the judge with innovations and novelties in legal forms, but with depriving John Fries and his counsel of their constitutional right; and if he has not done this, the rest is of no importance now. But what is the strange novelty that excites so much interest and alarm? Is it that a law judge had a law opinion and was capable of making it up for himself without the assistance of learned counsel? I hope not. I should be sorry to suppose this is a novelty in the United States. Was it then the reducing this opinion to writing, putting it on paper with pen and ink that makes the dangerous novelty? To have the opinion is nothing; but to write it constitutes the crime. And yet, sir, where is the difference to the prisoner; except that in the latter case there is more certainty; less chance of misapprehension and mistake on the part of the jury, than when it is delivered to them verbally. It should be recollected, sir, and I am sure it is too important to be forgotten by this honourable court, this written opinion contained all the limitations and discriminations on the law of treason which could serve the prisoner, as well as those which might operate against him. But, sir, I deny that there was so much novelty either in forming this opinion or in reducing it to writing, as is pretended. Is it uncommon for judges to state their opinions on particular points of law to counsel, even before argument, for the direction of their observations? And was it ever before considered a prejudication of the case or an encroachment upon the rights of the bar? In criminal courts the practice is constant and universal. Previous to the trial of the cases of treason after the restoration of Charles II. the judges of England met together, and did form and reduce to writing opinions, not only upon the mode of proceeding upon the trials, but also on all those questions or points of law, which they supposed would arise and require their decision in the course of the trials. See Kelynge's reports, pa. 1, 2, etc.—11. Here the judges met in consultation expressly for the purposes now deemed so criminal in judge Chase, and took to their aid the king's counsel. Our judge did not take to his assistance the attorney of the United States in forming his opinion; nor did the judges in England deliver to the counsel of the accused, the result of their deliberations, but doubtless it would have been received as a favour if they had. In the only two points of difference, therefore, between the two cases, we have most decidedly the advantage.
But, sir, how can the proceeding of judge Chase, in principle and effect, be distinguished from the common and universal practice of charging grand juries, on the legal nature and description of the crimes to come under their notice? When a judge is about to hold a criminal court, he is particular to introduce into his charge those very offences, and his opinions upon them, which by information or otherwise, he supposes will be brought before the court. The opinion of the judge in such cases is formed, is reduced to writing, and is publicly delivered in the presence of all the jurors, both grand and petit, but never was before conceived to be objectionable. Nor was it ever before supposed to be a prejudication of any man's case, who might afterwards be tried for an offence thus defined. Judge Chase stated what acts in his opinion, would, in construction of law, amount to treason in levying war; but whether these acts and the necessary intention which must accompany them, would be proved upon John Fries or any body else, was left quite at large to be decided by the jury on the evidence. (To be continued.)
European Intelligence. Further selections from London papers, received at Boston. LONDON, April 12. A new writ was moved for Malton, in Yorkshire, to return a member in the room of the hon. C. L. Dundas, who, we understand, has vacated his seat, for the purpose of bringing Mr. Grattan into Parliament, preparatory to the discussion of the Catholic question. We are assured that his Majesty, when receiving the resignation of Viscount Melville, tendered by Mr. Pitt, was graciously pleased to say, that "notwithstanding the clamour that had been raised against that nobleman, he trusted his faithful commons would soon see reasons to express an opinion that his lordship had acquitted himself with the utmost ability for the welfare and salvation of the British empire." Letters from Hanover, of the 5th, mention the arrival there of 4000 conscripts, who are at present, in rags, but who will be speedily clothed at the expence of the poor Hanoverians. On the 2nd, the deputation of the states issued a decree for a third war contribution, for six months, from the first of April. By this decree, a tax of 6 per cent. is laid on landed property, houses, and stock in trade; 3 per cent. on public salaries; 2 per cent. on the rents of farms; 6 shillings per month on servants of both sexes, in the towns, and 3s. on those in country districts; and about 3 shillings per month on all tutors, governors, stewards and clerks. Master Betty is gone, by special invitation, on a visit to Mr. Fox, at St. Anne's-Hill. It is probable that, he will be favoured with some instructions in the part of Zanga, the study of which character was particularly recommended to him by Mr. Fox. Ad. Massie, who commands the Rochefort squadron lately in the West-Indies, was born at Toulon, where his father was director of the marine artillery. He is, at present, about 53 years old, and had the rank of Lieutenant in the navy at the commencement of the revolution. He is an enterprising and active officer, without being distinguished by any extraordinary talent. The caps to be worn by the blacks belonging to the Duke of York's band, at the approaching installation, will be uncommonly elegant and expensive; the shape that of a beehive, with a silver band and enamelled star, with the usual motto in the front, encircled with four rows of muslin, each row separated by a rich thick crimson and silver cord; the feather is red at the bottom, and black at the top, springs out of a superb silver spangled granade; the top of the cap is covered with scarlet cloth, bound round with silver lace; on the centre of the top is a silver ball, with a silver half moon at the top of it.
LEYDEN, March 14. At the audiences given by the emperor of the French, after his coronation, to the functionaries invited to attend that ceremony, were the pre-
idents of the consistories of the Lutheran and reformed communions. The address to the Emperor by the Dean of the President's of the consistories of the latter communion. M. Martin pastor at Geneva, and the remarkable answer of the Emperor, have not yet been published. They are as follows:— Discourse addressed to the Emperor of the French by M. Martin of Geneva. "His majesty has fulfilled the wish long since formed by the reformed churches of France, in enabling them to carry to the foot of the throne their homage, and the expression of their sentiments. It is with the liveliest satisfaction that we come to express to his majesty, for ourselves and for our churches, our respectful gratitude for the protection which he has hitherto granted to us, and the full confidence we place in the oath which he has taken in our presence with so much solemnity to maintain the liberty of worship; an oath that gives tranquility to consciences, and insures the peace of the church. We hope that all the French of all communions, all of whom we regard as our brothers, feel as we do, the value of this benefit. We will merit it by our gratitude, our fidelity and our submission to the laws, of which we have uniformly given an example—May our fervent prayers draw down upon his Majesty, upon the empress, and upon the princes of the Imperial family, all the blessings of the king of the world! May his majesty after having done so much for his glory, add to it the title of Pacifier of all Europe, and cease to have any other way of exercising his virtues, except in contributing to the happiness of his people, and augmenting the true glory of sovereigns."
ANSWER OF THE EMPEROR. "I see, with pleasure, assembled here the pastors of the reformed churches of France. I seize with eagerness this opportunity to express my satisfaction at the fidelity and good conduct of the pastors & citizens of the several protestant communions. I will, to be known, that my firm resolve & will are to maintain the liberty of worship. The empire of the law ends where the indefinite empire of conscience begins. Neither the law nor the sovereign can do anything against that liberty. Such are my principles, and those of the nation; and if any of my race, who may succeed me, shall forget the oath I have taken, and, misled by a false confidence, shall violate it, I here devote him to public animadversion, and I authorise you to give him the name of Nero."
FRENCH THEATRES. A Paris paper, of the 23d Feb. last in an article under the above title, says, it is computed there were one hundred & fifty-seven theatres in France, at that time. The dramatic analysts informs, there were 129 cities in France, where theatres were established—Of these 18 were in Paris, four in Bordeaux, two in Lyons, two in Rouen, three in Turin, &c. In the Paris opera there were 386 persons employed: in the Theatre Francaise 174; L'Opera Comique 88; the Empress's Theatre 104; La Tauderville 82; L'Opera Buffa 55; Montanier 62; La Porte St. Martin 94; L'Ambigu Comique 65; Les Jeunes Eleves 5. Total in Paris 1288. It was estimated that the other theatres do not contain less than twenty persons—so that in the empire there are 3969 individuals immediately attached to the theatres.
REPORT Of the Commissioners of naval Enquiry. The examination of the right hon. lord Viscount Melville, taken upon oath, the 5th of November, 1804:— Q. It appearing by accounts laid before us, that the sums standing in your name as treasurer of the navy, at the bank, at the following period, were less than the sums with which you stood charged exclusive of the money advanced to your sub-accountants; and that the deficiencies were as follows, viz:
December 31. 1786 £. 56,000 0 0 1787 55,000 0 0 1788 48,100 0 0 1789 53,100 0 0 1791 19,998 9 8 1792 26,476 17 9 1793 27,025 17 9 1794 21,758 7 9 1795 80,316 16 1 1796 75,413 5 0 1797 58,640 14 0 1798 54,140 15 0 1799 54,150 15 0
To what cause are such deficiencies to be attributed? A. Although I take it for granted the sums are stated by the question accurately, I could not, on memory, state that they are so. I desired Mr. Trotter, so far as I was concerned, to give you every information he could; and it was only in consequence of a conversation with him, immediately after the receipt of your letter to me, of date 26th June, that I learned, from the manner he kept his private accounts, it was impossible for him to give me the accurate information I requested. The same reasons render it impossible for me to give you an answer to the question put. I am aware that I am not bound to answer it, under the provision of the act establishing this commission, but I should not have dwelt on that objection, if there had been nothing but personal considerations to operate against my doing so; but for the reasons I hinted to you in my letter of the 30th June last, as I am not bound, so I will not feel myself warranted to give the explanation which your question points at. Q. Upon what ground does your lordship decline answering that question? A. Upon the ground that I have already stated, under the 5th clause, of the act of 43 Geo. III. cap. 15. Q. Was any part of such sums in your hands? A. They certainly came into my hands, but did not remain there. Q. Did Mr. Alex. Trotter, while pay-master of the navy, lay out or apply, or cause to be laid out or applied, any of the money issued for carrying on the current service of the navy since the first of January 1815, for your benefit or advantage? A. From the manner in which Mr. Trotter kept my accounts, it is impossible for me to answer that question; and I object to answer this question, upon the ground I have stated in answer to the first question. Q. Did you direct or authorise him to do so? A. To the best of my recollection I never did. Q. Did you, between first January 1786, and 31st May 1800, derive any profit or advantage from the use or employment of money issued for carrying on the current service of the navy, under the act 25 Geo. III. cap. 91? A. The same reasons which induced me to make the answer I have done to the first question, must induce me to repeat the same answer to this. Q. Does your lordship object to answer this
question, under the provision of the 5th section of the act 43 Geo. III. cap. 16? A. I do, and upon the grounds stated in my answer to my first question. Q. During the time you acted as treasurer of the navy, between the 1st of January, 1786, and 31st May 1800, was any of the money applicable to naval services advanced by you or by your direction, for any other public service, than that of the navy? A. I decline to answer that question under the provisions of the 5th sect. of the act 43 Geo. III. cap. 16. Q. Was any money issued for carrying on the current service of the navy, applied by your lordship, or by your direction, for any other public service than that of the navy, with the knowledge or consent of the navy board? A. No; certainly not. Q. Was there any official note or record made of the money issued for carrying on the current service of the navy, having been advanced by our direction for any other public purpose than that of the navy, of the repayment of such money? A. No; there was certainly no official note. Q. Did you authorise the paymaster, in or about the year 1786, to draw the money applicable to naval purposes from the bank, and lodge it in the hands of a private banker? A. I cannot precisely fix the time, but I am certain that I did permit Mr. Trotter to lodge any money drawn from the bank, for public services, in his private banker's hands during the period it was not demanded, to the purposes for which it was drawn. Q. What circumstances induced you to give such permission to the paymaster? A. An opinion in which I still adhere, that if the whole monies necessarily drawn from the bank, in pursuance of orders from the competent boards, were lodged in the hands of a respectable banker, under the control of the paymaster of the navy, that it would add more facility to the conduct of the business of the officer, in the multitude of small payments to be made, than if the money were deposited, according to the constitution of the office, in an iron chest. I likewise had it in contemplation, that in the receipt of the various small payments, made to such a variety of persons, they would be less liable to be imposed upon, by that mode of transacting the business, than if they were exact to receive drafts for such small sums upon the bank, at such a distance from office, after its removal to Somerset-place. Q. As the paymaster of the navy does not disburse any part of the public money, except for the payment of exchequer fees and other contingencies, does your lordship think it necessary that the paymaster should have in the iron chest or at a private banker's any of the money issued for carrying on the current service of the navy?
A. I do not think it necessary; but for reasons I have given, I think it expedient. The whole money drawn from the bank, and placed in the hands of the sub-accountants, passes through the hands of the paymaster of the navy; but though this is my opinion, I know many competent persons entertain a different opinion. Q. Did you give permission to the paymaster to withdraw the money from the bank, & lodge it in the hands of a private banker, with a view to his deriving any advantage or emolument therefrom? A. It is meant to ask me whether I ever gave any direct authority to the paymaster to use the money in the manner abovementioned, I should certainly answer, no; but I have no hesitation in saying, that I believed, and understood he did, and never prohibited him from doing so; and I believed it was so understood by others at different times, when the establishment of the navy pay office was under consideration, when certainly no competent provision was made for the person exercising that trust of great extent, and responsibility. Q. As the money applicable to naval services was directed to be lodged in the bank, by the act of 25 Geo. III. cap. 91, and not to be drawn from thence without specifying the services for which it is drawn; by what authority did you give permission to the paymaster of the navy to draw the money out of the bank, and lodge it in the hands of private bankers? A. I take it for granted, it always was drawn under the heads of service pointed out in the act of parliament; and when I talk of permission, I meant it under the explanation contained in answer to a former question, in which I suppose the money drawn under competent authority. Q. Do you know of any instance of a treasurer of the navy having made good any loss which had arisen from over payments, or other misapplications of the public money? A. No, I do not. Q. Did you derive any profit or advantage from the use or employment of money issued for carrying on the current service of the navy, between 19th of August 1782, and 30th of April 1785, or between 1st of Feb. 1784, and 31st Dec. 1785, during which periods you held the office of treasurer of the navy? A. I decline answering this question, under the 5th clause of the act 43 Geo. III. Cap. 16, and for the reasons given in my first answer. Q. Did you consider the addition granted by the king's sign manual, upon your appointment to the office of treasurer of the navy, making your salary 4000. a year, clear of all deductions, to be in full satisfaction for all wages, fees, and other profits, and emoluments, previously enjoyed by former treasurers? A. Certainly I did, with the exception of coals, candles, and some such small contingencies. Q. When was it first discovered that Mr. Jellicoe was deficient in the balance of public money, with which he stood charged, as deputy paymaster to the navy? A. I do not recollect the precise period; but the first thing that gave me any suspicion that there was a danger of deficiency, was by observing in the reports occasionally made to me, that his balance remained stationary, so far as never to get below a sum, I think of between twenty and thirty thousand pounds. This led me to a particular conversation with him, when he confessed to me, that for a considerable number of years he had been embarrassed from some advance or engagements he had made under with a Mr. Cort; that from the high opinion I had of him, in consequence of the character of former treasurers of the navy, and my own observations, I had no reason to doubt the fidelity of his representation; and it was my belief, that if he had lived to superintend the business himself, and to bring the profits of the patent of Mr. Cort had obtained to their proper bearing, that the loss might have been repaired. Upon this however, I do not pretend to give any positive opinion, as it appeared after his death, that his embarrassments had existed, and balance become due, as early as 1782.
Q. How many years before the death of Mr. Jellicoe was it you suspected he was deficient in his balance? A. I cannot mention the precise time; but it was certainly more than one or two years. Q. Was any enquiry made, upon the discovery, into the real state of his balance? A. Certainly, it was minutely enquired into. Q. Does it any where appear what was the exact state of his deficiency at that time?
A. I cannot state it from memory? But I are say it does not appear. MELVILLE. Charles M. Poles, John Ford, Henry Nicholas, Wm. Mackworth Reid, Evan Law.
MR. FOX'S DINNER TO MR. LIVINGSTON. From the British Press. We dined very innocently on Saturday that Mr. Livingston, the American minister, dined the day before with a party at Mr. Fox's. Little did we think at the time, that we were giving our contemporaries such a hard blow to pick. They have been ever since picking, hewing, and living upon it. One paper cannot resist this dinner; another cannot forbear it; and a third, which, we thought, could digest any thing, says it goes against its stomach. Being the original formers of the fish, we flatter ourselves we may help ourselves from our own dish, without incurring the imputation of a taste for fishing our neighbors. In the first place, then, those full-fed minnows of party pay a poor compliment to English hospitality, when they lay such fresh upon a good dinner. Formerly, indeed, when writers starved in garrets, and immortal bards traversed the streets in the most perilous materials, this course would have been excellent; but they are in a very different plight, safe, and conscious now; and if we may judge from their chaps and changes, no set of men are more ready to subsist to the proverb of "Eaten bread is soon forgotten," or think less of a good dinner. When, then, they attach so much importance to the dinner given by Mr. Fox to Mr. Livingston, we must presume it is not of the present of so many pounds of beef and mutton as Mr. Livingston that they complain—Some persons affect to see, in a sumptuous dinner, nothing but forfeits, droppings, and a whole train of disorders. The writers to whom we allude may therefore probably see, in the dinner of Mr. Fox to Mr. Livingston, a series of ignominious peaces, French insults, and Corsican devices. Suppose Mr. Livingston seated at Mr. Fox's table, and asking for a bit of Duck . "Ay," says one of these shrewd seers, "this is an attack upon Mr. Drake; the fellow would tear our minister at Munich to pieces." To give a man legal possession of an estate as large as Great-Britain, a beef or a part of any part of it is sufficient. Upon the same principle, these writers apprehend, that a slice of beef or mutton gives Mr. Livingston a legal claim to all the flocks and herds of England. A wing of Turkey upon Mr. L's plate, is a hint for the partition of the Ottoman empire; and as to a challenge to lobsters , it is a proposal for a treaty of alliance with the Corsican depot. Need we add, that the cricket is the emblem of resolution, and that a hearty set at the bottle is a proof positive of a Gallomania , of a partiality for French productions, and a desire to fraternize with Champaigne and Burgundy , if not with the whole French republic? But this is not all. What will the Parisians say, when they shall hear of this famous dinner? According to the new French philosophy, their roast beef , their fine cauliflowers , topped pasties , and their salads , make the English morose, fuller, and ferocious. The Parisians will therefore see Mr. Livingston seated at Mr. Fox's table devouring gravy , like a student at the Temple devouring law . With every drink of porter he imbibes an equal proportion of the four juices of the English blood; every slice of beef adds to the brutal strength ; and the cool fire at his back throws him into frenzy . Thus, while one party is roasting Mr. Fox for giving Mr. Livingston a dinner, another party is boiling the latter for eating it—Mr. Fox has been charged with swallowing French doctrine at Talleyrand's table upon his late visit at Paris; and Mr. Livingston will no doubt, on his return to Paris, be charged with devouring the principles of the British constitution at the dinner of Mr. Fox.
A CONSPIRACY. says a London paper, has been discovered in the Electorate of Wirtemberg. The number of persons arrested are considerable. The object of the conspiracy was to carry off the Electress, Princess Royal of England, and a number of other persons in high credit with the court. A special commission is appointed to examine the prisoners. Most of them have been confined in a citadel.
FRENCH NAVY. Present state and distribution of the naval force of France. At Brest—L'Imperial 120 guns; Le Republicain 110; L'Invincible 110; L'Alexandre 80; Le Tonnant 80; L'Impetueux 74; Le Brutus 74; Le Caïssar 74; Le Pétrel 74; Le Pelican 74; Le Conquerant 74; L'Ulysse 74; Le Tourville 71; L'Eole 74; La Revolution 74; Le Dix Aout 74; La Constitution 74; L'Alliance 74; Le Batave 74; Le Patriote 74; Le Gaulois 74. At Toulon—Le Formidable 80; L'Indomptable 80; Le Neptune 80; Le Buccentaur 80; L'Annibal 74; Swiftsure 74; Berwick 74; L'Intrepide 74; Le Mont Blanc 74; Le Scipion 74; Le Atlas 74; L'Incompatible 24; La Cornelle 18; L'Hanteuse 18; Le Rhin 18; Le Maïson 18; L'Urange 18; La Sirene 12; La Themis 12.—On the stocks—Le Boursier 74; Le Pheton 74; a frigate. At L'Orient—L'Algerins 74.—On the stocks—Le Regulus 74; Le Courageux 74; L'Aide 74; a frigate.
At Rochefort—(Before the squadron failed to the West-Indies) Le Maïeleux 120; Le Magnanime 60; Le Suffren 74; Le Lion 74; Le Jemmapes 74; L'Indefatigable 24; L'Armide 18; La Gloire 18.—On the stocks—La Ville de Paris 120; L'Achille 74; L'Ajax 74. At Nantes—La President 18. At Cadiz—L'Aigle 74. At Ferrol—Le Peron 74; Le Duguay Trouin 74; Le Redoubtable 74; Le Fougueux 74; L'Argonaute 74; La Guerriere 41. In the East Indies—Le Marengo 84; Le Belle Poule 36; La Sermillant 36. In America—La Sibille 44; La Didon 44; La Manade 44.
According to this list the French naval force consists at present of 53 ships of the line. The number of frigates and corvettes here specified amounts to twenty, exclusive of the numerous gun-boats, and other small vessels.
ADMIRAL MASSIESSIEU, who commanded the French squadron, lately in the West-Indies, is an old officer of the French marine. In the American war he blocked up Sir Roger Curtis, at Port Mahon, in Minorca. Bonaparte's departure from Paris was attended by the following brilliant retinue:—A Col. General of the Guard, a Grand Marshal of the Palace, a Grand Master of the House of the Empress, a Maid of Honour, four Ladies of the Palace, viz. Madame Seroni, Savary, D'Arberg, and Mademoiselle D'Arberg, two Aides-de-Camp, General Caffarelli, General Leclerc, two Chamberlains, viz. Messrs. Hedouville, Thiais, Mercy, D'Argentua, Beaumont, six Knights, two Pages of the Palace, an Almoner in Ordinary, the Bishop of Poitiers, Private Secretary to the Emperor, M. Memmeval, Secretary to the Empress, M. Dehams, the Minister of the Interior, the Secretary of State, Marshall Monecy, the Counsellor of State, M. Bigot Premeneu. Household Department—Four Maîtres D'Hôtel, three Hufiers, seven Valets de Chambre, five Waiting Women of the Empress, eighteen Kitchen Servants, thirty Valets in waiting, thirty Domestics, eight Couriers, Subalterns of the Guard, two Huntsmen, five Running Footmen, a Secretary of Equipages, &c.
MADRID, March 22. Admiral Gravina is to hoist his flag without delay on board the numerous squadrons equipped under his direction at Cadiz.—This squadron will soon sail in order to relieve the port of Ferrol from the blockade, and form a junction with the force in that harbour. In case of such junction the two squadrons will form a respectable fleet, competent to undertake some important enterprise. Gun-boats, bomb-ships, and other vessels of that description, are preparing with more activity than ever in the Bay of Algeziras.

West-Indies.
NORFOLK, June 8.
Captain Cook who arrived in the Paragon, contradicts the various accounts lately published, of the ports in Jamaica being opened for American vessels. He adds, that the Governor was authorised to open the ports to Americans whenever he thought proper, but notwithstanding the many remonstrances from the inhabitants, he declined doing so, as he considered there was a sufficiency of provisions in the Island for 12 months. In consequence of this harsh conduct, there was a meeting of the different parishes, when it was resolved that the inhabitants should wear crapes for one month, on account of his precluding the American trade.
[Herald.]
ALEXANDRIA, June 10.
FRENCH FLEET.
The Captain of the frigate Federalist, arrived yesterday from St. Bartholomew's, has politely furnished the editor with the following important information:—That the Toulon Squadron, consisting of nine sail of the line, 6 frigates, & 2 brigs had arrived at Port Royal, Martinique—they had captured on their passage the sloop of war Cayenne. The English merchant vessels loading at Montserrat had orders to provide for their own safety in consequence of the arrival of the French fleet.
Daily Adv.
INTERESTING TO MERCHANTS.
Captain Connell, of the brig Mary from Surinam, has favoured the Editors of the New-York Gazette, with a proclamation issued at Surinam, by Wm. C. Hughes, Brigadier General and Lieutenant Governor, dated April 24, 1805; wherein he admits the importation in neutral vessels of the following articles, from the 29th of April for four months, viz. tobacco, pitch, tar, turpentine, staves, heading, boards, timber, shingles, and lumber of any sort; mules, cattle, sheep, hogs, poultry and live stock of any sort; bread, biscuit, flour, peas, beans, potatoes, wheat, rice, oats, barley, and grain of any sort. Rum and molasses are allowed for exportation to the full amount of imported cargoes, on paying a duty of four per cent on imports, and 8 per cent on exports. No other articles than those above specified can be introduced, under pain of forfeiting the vessels thus attempting to contravene the laws of navigation.
Extract of a letter received by a merchant in Philadelphia, dated at Tortola, 16th May.
"All American vessels met with going from an enemy's port to any other neutral port from that to which they belong, will be condemned if brought in here, and there are now five British cruisers in those seas; the judge strictly adheres to his Britannic majesty's order in council of the 24th June, 1803."
ORDER ALLUDED TO.
Additional instructions to commanders of our ships of war, &c. &c. In consideration of the present state of commerce, we are pleased hereby to direct the commanders of ships of war and privateers, not to seize any neutral vessels which shall be carrying out trade directly between the colony of the enemy and the neutral country to which the vessels belong, and laden with the property of such neutral country, provided that such neutral vessel shall not be supplying, nor on the outward voyage supplied the enemy with any article contraband of war, and shall not be trading with any blockaded port. By His Majesty's Command.
Domestic Intelligence.
MASSACHUSETTS.  Boston, June 3.
VOTES FOR GOVERNOR.
The committee appointed to examine the votes for Governor and Lt. Governor, have reported to the house. The following is a statement of the votes constitutionally returned: For Gov.—Whole number 61113 Necessary to a choice 32057 That his excellency Caleb Strong has 2188, and is chosen. For Lt. Gov.—Whole number 61874 Make a choice 30938 The honour Edward H. Robbins, has 31049, and is chosen.
MASSACHUSETTS LEGISLATURE.
FRIDAY, MAY 31.
Mr. Avery, Secretary of the state, came in and delivered the following message:— Gentlemen of the Senate, and Gentlemen of the House of Representatives,
THE Secretary will deliver to you a letter which I have received from Samuel Brown, Esq. Navy Agent, representing that five hundred mortar shells, of thirteen inches diameter, are wanted for the use of two Bomb Ketches equipping here, to be employed in the service of the United States in the Mediterranean:—that a timely supply from the arsenal of the United States cannot be relied on; and requesting a loan from the arsenal of this Commonwealth of that number of shells, and engaging that the same be replaced as soon as possible. Council Chamber, May 31, 1805. CALEB STRONG.
SATURDAY, JUNE 1. —An order was received from the Hon. Senate, appointing the Hon. W. Hildreth and Elias H. Derby, with such as the House should join, a committee on the communication of his Excellency the Governor of yesterday—Sent down for concurrence, read and concurred, and Mr. Goodwin, of P. Mr. Winlow, and Mr. Hatch, were joined. Also, a resolve authorizing his Excellency the Governor, to loan to Samuel Brown, Esq. five hundred 13 inch mortar shells; Sent down for concurrence, read and concurred.
New York, June 5.
We are informed by a gentleman who was lately in Paris, that the Emperor Bonaparte had made Mr. Livingston a present of a rich portrait of himself which cost forty thousand florins. Accompanying the portrait was a complimentary letter, from Bonaparte.
The brig Levant, arrived yesterday from Malaga, touched at Gibraltar, and got under weigh with the U. S. brig Syren, Lieutenant Stewart, bound to Tangiers. Saw her afterwards in bay where two Tripolitans were said to be lying. The fchr. Two Brothers, Lindley, Marblehead, likewise failed from Gibraltar in company with the Levant, and afterwards made her. Capt. Lindley informed that he had seen the privateers run under the fort when the Syren entered the bay.
HEALTH OFFICE.
PHILADELPHIA, June 4, 1805.
To the Editor of the Aurora.
An article in the Aurora of yesterday announces the re-emergence of a contagious fever in Malaga. This might probably be productive of serious inconvenience to our merchants trading at the port. As you have heretofore uniformly communicated all information, in which the safety of Philadelphia was concerned, directly to the Board of Health—I am inclined to believe that some mistake exists in the present instance.
The following contains the only information possessed by the Board—and is regarded as deserving of the most ample credence.
JAMES REYNOLDS.
MALAGA, March 26, 1805. "According to the most unquestionable advice from Grenada, Cordova, Madrid and other parts of this kingdom, a species of malignant fever has already made its appearance and proves very mortal—it is said to be similar to that which prevailed here last year."
"The bishop of Cordova is just reported to have died of the black vomit. Here the disorder does not show itself yet; the supreme council or board of health has been abolished, and its inspection committed to the captain general of the provinces with whom the subordinate boards are to co-operate."
"Vessels from the United States are subject to a quarantine in our ports, but this may be shortened, by touching at Lisbon, having their Bills of Health endorsed."
"All vessels from Gibraltar are subject to a rigid quarantine."
In confirmation of an article under the New-York head, relative to American claims on Spain, we have it in our power to state, that information of an important nature has been received in this city from Madrid, corroborating the account that none of those claims would be paid, and that discussions of so serious a nature had taken place between the Spanish court and our ambassador, as rendered it probable that the latter would speedily retire from that kingdom. U. S. Gaz.
We learn, from private letters from Spain, that Mr. Munroe had left Madrid, on his return to London. The state of the negotiation concerning the Louisiana frontier was in train, but had not been finally adjusted—and it was supposed would be determined at Paris. Aurora.
Miscellaneous.
AMERICAN ACADEMY OF ARTS. —By private letters from Paris we learn, that his majesty the Emperor Napoleon has presented to Mr. Livingston, late minister from the United States to the French Court on behalf of the Academy of Arts established in this city and of which his majesty is an honorary member, a very valuable collection, estimated at fifty thousand livres, 10,000 dollars. It must be matter of pride to the inhabitants of this city, to have given birth to an institution, which has shown itself worthy of such distinguished patronage; and it is hoped, that this high testimonial of respect, will inspire them with fresh zeal for the advancement of an establishment, which has attracted such conspicuous attention abroad, and which, if properly supported, cannot fail to add lustre to our national character. N. Y. Morn. Chronicle.
To the Editor of the Mercantile Advertiser. SIR, The person who inserted a paragraph in the Daily Advertiser of the 31st May, mentioning that an offer of a thousand dollars had been made to me by the Minister of the French Empire, General TURREAU, for the suppression of a certain manuscript announced in the papers under the title of "The Imperial Court, &c." has not been correctly informed. It is true that an aid-de-camp had called upon me, and that a conversation had passed between us on the subject; but he has not read said manuscript, neither has any agreement for it been concluded up to the present time. The Author of the Imperial Court, &c. New-York, June, 1, 1805.
COMMUNICATION.
With pleasure we can, from the best authority, announce, that the Canal in the Dismal Swamp is now cut through half its width; and in all probability, from the activity lately displayed in carrying on this arduous undertaking, will in the course of a few weeks, be navigable for boats, &c. by which means there will be an easy and speedy communication between the waters of North-Carolina and Elizabeth river, in this state. Norfolk Herald.
COMMUNICATION.
The public will hear with satisfaction, that, by a letter from Mr. Roiscoe, to a correspondent in this city, his life of Leo. X. in four volumes quarto, was likely to make its appearance about the beginning of the present month. Poulton.
FROM THE SPRINGFIELD SPY.
SOMETHING REMARKABLE.
MR. EDITOR, The following singular incident took place in this town a short time since. Capt. John Mather had a fleer of his own rafting, three years old, slaughtered at his barn, from whose intestines was taken an OAK STICK, measuring thirteen inches in length, and three and a half inches in circumference. It was lodged within the intestine, in that part of it commonly called "the great gut." For about three or four inches from one extremity, the stick was ragged, by reason of the manner in which it was broken and tapered from that, to the end, though not to a sharp point. On this stick were three knots projecting considerably from the surface. It is quite hard, and has the appearance of having been hardened in the embers.
This animal, in the spring of 1804, was turned to pasture in West-Hampton, and in the autumn was returned home, lean in flesh, and very languid. Although capt. M. had intended him for his team, as he was unprofitable at this time, he put him to the stall, intending him for beef. The fleer soon began to thrive, recovered his health, and fed very well; and for the term of feeding, was very good beef, when he was killed. Being, by this singular discovery, satisfied concerning the cause of the creature's failure the last season. Capt. M. determined if possible to ascertain by what avenue it found admission to its lodgement. On examination, he found a fear in the hide, and a correspondent one in the flesh, near to the spine, and between the first and second vertebrae. From this position he informs me, that, as the stick entered, one end must have lodged directly under the kidney. But how it found its way into the intestine, within the passage for the excrement, and remained there in a longitudinal direction, it is, I think, not easy to conceive. However, in that position it was found, and it excited the curiosity of several people who came to witness it. The stick is now deposited in the Museum of the Academy in this town, where it may be seen by any person who may feel the curiosity to inspect it.
Parallel instances may have existed, but no one has ever fallen within my knowledge, nor within the knowledge of any person with whom I have conversed respecting it. It is thought that its singularity renders it worthy of publication; and with this view I transmit it. I am, Sir,
Your obedient servant, NATHL. DWIGHT. Wethfield, (Mass.) April 23, 1805.
The following anecdote is from a late Dutch paper, under the Paris head.
There has lately arrived here a very celebrated Adonis, distinguished for her beauty, but much more respected for a character of unimpeachable virtue. A wealthy Englishman, captivated by her qualities, wrote her this very whimsical and characteristic letter:
"Madam, I understand you are determined to preserve, by good conduct, the purity of your reputation. I take the liberty to applaud your resolution, and encourage you to perseverance. So long as you continue in this determination, calculate on 500. sterling a month, the first payment of which I enclose you. But should you alter your opinion, I hope you will remember me favourably, and in that case 100. a month are at your service."
The Enquirer.
RICHMOND, 14th JUNE, 1805.
POLITICAL REFLECTIONS.
Man is a complicated machine; he has pleasures to obtain as well as pains to remove; his happiness depends upon both these circumstances, and out of these arise all the various labours and contrivances of civilized society.
The butcher furnishes food for our enjoyment: the physician administers his medicine to remove our pains. Every labourer of society performs either a positive or a negative character. He either supplies us with pleasures or removes our pains.
What physicians are to the human body, government is to society at large. Each of them supplies us with antidotes for existing evils. The one cures the disorders of the human body: the other those of the body politic.
The last arise out of the natural passions of men and their mutual relations to external objects. The use of government may be easily deduced from these four obvious facts:
1st: Our wants are more abundant than the spontaneous objects which supply them. Food, clothing and lodging, require a painful labour to obtain them, and some men of course are anxious to appropriate the fruits of other men's labour to their own subsistence. Hence a continual struggle of interests between individuals; and hence a continual food for the malevolent and vindictive passions.
2nd: These differences disturb the happiness of society. Every man becomes exposed to rapine and assassination. Hence the necessity of some force which may punish those grievances as they occur and may thus prevent their occurrence.
3rd: This force can only be exerted in two different ways; either by the injured party himself or by some impartial tribunal. The first will be productive of injurious consequences; for the weak would in every case become the victim of the strong, and if in any case he called in the assistance of his friends and retainers, party would be arrayed against party and society would become the continual victim of civil war.
4th: Some recourse is therefore to be found against all those evils. This is government; which is an impartial tribunal, partaking of the passions of neither party, calmly punishing the wrongs and protecting the right of all.
This view of the origin of government arises out of the relation, which prevails between different members of the same society. But it may also be extended to the relation which prevails between different societies. The differences which it prevents in the first case is confined to one individual; in the other it extends to a collection of individuals. But in most cases the causes of the differences are the same. There is the same scarcity of the conveniences of life; the same competition of interests; the same malevolent and vindictive passions; the same inducements to war and invasion. The most important point of difficulty between the two cases is, that two contending individuals have some third tribunal to resort to for the settlement of their differences, but nations seldom make their appeal to any other tribunal than to heaven.
Whether then we consider society in its internal or external relations, government appears to be no more than a great physician. Its efficacy consists in healing up those humours, and lopping off those disorders, which would disturb the family of the political body. In one point of view indeed it exceeds the powers of the physician and assumes a more positive character. When it digs canals, clears the beds of rivers, opens roads or executes any work of great public importance, it then appears to us under the form of a great productive labourer. In every other case, it brings together the whole force of the society for removing some evil or disorder: but in this case it concentrates its force for the production of some great benefit, which an individual would want the power or the inclination to effect.
From such a view of the subject it was, that Mr. Paine was led to draw his ingenious distinction between society and government. They "are different in themselves, and have different origins. Society is produced by our wants, and government by our wickedness. Society is in every state a blessing; government, even in its best state, but a necessary evil."—Common Sense, part 1st.
If we desire food we must expect it from the labours of the farmer or the fisherman. If we demand a philosophical discovery, we must expect it not from the genius of government but from such men as Newton or Lavoisier. When government curbs the licentious passions of men or represses the injurious designs of other countries, little else remains for it to do. It is then the labour and genius of individuals that we expect our greatest blessings. This is the source of all that gratifies the wants of life, that swells the catalogue of our luxuries, and exalts the faculties of the mind.
We may thus perceive that every society contains within itself two different species of power, the power of government and of individuals. Like two different forces in nature, they are not always harmonious but often contrary to each other. What is given to the one, is subtracted from the other. If government appoints a new officer, he must be supported by the labour of individuals. If it levies a tax, they must pay it. If it grants a commercial privilege to some, it must lay a restriction upon others. If it makes one religious sect the favorite of the state, it breaks in upon the private judgement of others. It cannot even make a public establishment, that is obviously designed for the public good, such as erecting a school or digging a canal, without every moment incurring the reproaches of individuals, that it is officiously doing what they themselves had better have attempted to perform. In fact we cannot make a single step into the practice of government without perceiving, how difficult it is to give it all the energy which its functions demand, and at the same time reserve every right to which each individual is entitled.
Here then we have the definition of a free government. It is one under which each individual gives up that precise quota of his own
rights which is necessary to carry into effect the proper end of that government.
If he gives up more, government deserves the name of a despotism.
If he gives up less, society may be pronounced to be in a state of anarchy.
But all the political rights of an individual may be reduced to two classes: either the right of choosing or being chosen an officer of the government under certain necessary qualifications; or the right of doing as many things for himself as the general good will suffer him to do. Should a government violate either of those rights; should any individual be excluded from a share in its administration, when he has all the necessary qualifications or should he be universally circumvented by the acts of the government in the exercise of his private judgement, that man no longer deserves the name of a free citizen.
In every society there is consequently a certain balance between the qualifications of the individuals and the powers of governments, on which depends the degree of its freedom. Vary the first and you immediately vary the influence of the other. Let the people be ignorant and corrupt, and you at once destroy the propriety of their exercising their elective franchise, or you at least lessen the number of those who ought to exercise it. Let the people be ignorant and inert, and it immediately becomes the duty of the government to form public establishments: which a more enterprising society could of itself have accomplished. It is hence that two different countries at the same time such as Turkey and America or that the same country at two different times, such as ancient and modern Greece, are susceptible of very different degrees of freedom. According to the doctrine, two governments might each of them be called free, though one of them would be a despotism with respect to the other: because each of them would be adapted to the condition of the individuals. And the same government which would be called a despotism in one nation, would become an anarchy in the other. According to this doctrine, a nation that suffers a government to exercise any power, to make even a road out of the funds of its treasury, when they themselves are better fitted for the task, so far defers to lose the name of freedom.
In fact, if we would be whimsical in our speculation, we might lay down a geometrical scale of political power, on one side of which you might express the different degrees of knowledge, virtue and complicated fitness which resides in the individuals: On the other, you might place the different degrees of power, which should then belong to the government. When we entered into a view of particular countries, we should of course have to ascertain first the condition of the people; to find their place on the scale, and see what degree of government was commensurate to it. If the country had such a form, it might be called free according to the doctrine of Solon; for tho' it was not the freest in itself, it was the freest they could well bear. All above that point in the scale, would be despotism: all below would be anarchy; and the degree of the attention or fall would determine the point of despotism or anarchy, into which the nation was plunged. How blessed are the American people, that their vigilance and virtue are commensurate to the freedom of their government! How blessed are they in occupying the lowest point on the scale of power!
LITERARY DESIDERATA.
WANTED:
1st: A History of the United States, during the two first administrations: or, a collective view of the mischiefs of federal policy. Thomas Paine has lately recommended that an official enquiry should be made into the measures of Mr. Adams's administration, and more especially into the real motives of his friends in raising an army, a navy, taxes, the terrors of an alien and sedition law, under the fraudulent pretence that France was about to invade us. But a faithful historian would unravel and damn these arts with as much skill and with greater success than even a select committee of Congress. John Wood has indeed attempted to write the history of the four last years of this period: but every one who knows the opportunities of the writer, or has read his "History of John Adams's administration," must candidly admit, that the work was neither equal to the author nor the author equal to his subject.
2nd: An Annual Register of the U. States: or, a collective view of the political events of the Union and of each State, interspersed with all public documents of any importance, and accompanied by a view of the progress of individuals in farming, trade, manufactures, arts and sciences, and literature in general. Besides the roving and irregular sketches of Callender, we have seen only two plans projected for the publication of such a work. One is now in the hands of a Mr. Carpenter, of Charleston, who is at this time a British subject; and if we may judge from his paper, the Charleston Courier, is a most envenomed foe of every trait in our constitution, and every act in the present administration which is contrary to the monarchical prejudices of an Englishman. The other has been long since projected, but never executed, by Mr. Duane, of Philadelphia, who has neither sufficient leisure nor taste to make out a complete and interesting register.
3rd: A view of our relations with Tripoli; Part the first. Into this little pamphlet might be thrown much interesting matter: such as a view of the Barbary states and the policy which we have already pursued and ought to pursue with respect to them; the causes of our war with the Tripolitans; the extent of their resources both on sea and land; engraved views of their town harbour and our fleet before it; an account of our naval preparations and of the gallant deeds of our squadron during the last campaign. The events of the present year will serve to make out, Part the second.
No one can cast his eye over the present state of the literature of this country without being immediately struck with these very obvious truths: that too much of our literary labour is already in the hands of foreigners; that though some of these men may be actuated by proper views, yet most of them have fought our shores in quest of employment, fraught with national prejudices and little solicitude and seldom qualified to support by their writings the republican institutions of our country; that we have also among us too few readers of large and miscellaneous works; and that to multiply the number of native writers and of readers, it would be proper to select those subjects on which an American only could feel strongly and write correctly; subjects which are not too profound in their principles to be understood by ordinary readers; subjects that embraced such facts as were recent and interesting enough to catch the popular curiosity. Such are those subjects which we have already placed under the head of Literary Desiderata.
We have several accounts of the arrival of the Toulon fleet in the W. Indies. Lord Nelson (according to a late arrival from Europe) was close upon their wake, and every circumstance appears to hold out the promise of some signal
adventure. If it be indeed the policy of the French to distract and divide the British fleet so as to allow their fleet at Brest and their fleet of gun-boats at Boulogne to effect their intended invasion upon England, our hearts will be along with every success of the British navy. May the hero of the Nile meet with another Ajax in the gulf of Mexico! No one regards the naval power of England, with more suspicion and imagination, than we do; but rather than witness the triumph of Bonaparte in Great Britain, or even the disaster incident to an invasion, we would rather see the navy of France swept from the face of the ocean.
James T. Elliot of Vermont has come down to his 8th letter, in which he asserts that Mr. Madison and Mr. J. Randolph will be the next candidates for the presidency. Where this self-illuminated sage obtained this information, from what secret Egeria or attendant genius he received his inspiration, is not the business of mere common sense to enquire. The name of Mr. Madison has indeed been mentioned by some. But the nomination of Mr. Randolph is certainly due to the creative genius of Mr. Elliot. The Aurora which came by the last evening's mail, has made one mistake on this subject—Mr. R. (it observes) will not have attained the constitutional age of 35, before the next election. Mr. R. is now 32 years old.
We have long known Mr. Elliot as a puritan of "the first water," but he has at length put up his pretensions to the character of a prophet. In the body of his last letter, he "ventures to predict" that certain alterations of the constitution would be proposed; and in the postscript to the same, he observes "since writing the above letter, some of the alterations of the constitution which I have ventured to predict have been moved in Congress by Mr. R. of V. and Mr. N. of M."
Thus Topher look'd, so grim'd the brawling fiend, Whil'st feds delighted bow'd and call'd him friend.
We are informed that the Emperor Napoleon has presented to Mr. Robert Livingston late American minister at the court of France an elegant snuff box, on the cover of which is a Portrait of his Imperial majesty, set with diamonds. The value of it is estimated at above 8000 dollars. It was accompanied by a complimentary letter from the Emperor—Mr. Livingston, since the close of his ministerial functions, has made with his family the tour of Italy; and, on his return to Paris, received the above elegant present. His arrival here is daily expected. New-York paper.
[The 8th article, 9th section of the constitution forbids Mr. Livingston's accepting of any present "from any king, prince or foreign state."]
Sales at Auction.
Will be sold on the premises, on Wednesday the 2d day of July next:
IRISH LINENS, &c.
We have received, by the late arrivals, an extensive assortment of— 7-8 and 4-4 IRISH LINEN, 5-4 IRISH SLEEPING, 3-4 and 8-4 DIAPERS, and DIAPER TA- BLE CLOTHS; which, in addition to other goods, are offered for sale at our usual low prices. GILLILAT & KIRBY. June 14. (ep4w)
By virtue of two deeds of trust executed to the subscribers by John Henderson, to secure the payment of a debt due to Thomas Garth, jun., and William Galt—WILL BE SOLD, at public auction, on Saturday the 29th inst. at James Lewis' tavern in the town of Charlottesville, for ready money: The Interest of said John in and to the following SLAVES, to wit: Tiller, Milley, Biddy and Washington, or so many thereof as will be sufficient to satisfy the aforesaid debts, with interest and cost.
JAMES LEWIS, THOS. GARTH, sen. } Trustees DAVID ANDERSON, Charlottesville, June 14. '05. (ep3w)
WILLIAM M. BILLINGTON,
NEXT DOOR ABOVE MR. C. SPENCER'S, Main-street, Richmond,
Having lately received a large supply of Philadelphia PORTER, ALE and BEER of the best quality, which he offers for sale, either bottled or on draft, on the most reasonable terms for cash. His long experience in this line, induce him to hope for encouragement, and also enable him to give general satisfaction. He is in daily expectation of some of Hebbert's best London BROWN STOUT, of which he will always endeavour to keep a regular supply. N. B. The highest price given for empty BOT-TLES. June 14. (ep3w)
DOCTOR LOTANUS,
Of the city of Richmond;
OFFERS FOR SALE his Antiphlogistic Stomach Cordial, a medicine unequalled by any other in the whole Materia Medica, since the art of medicine was discovered. For this valuable discovery, he has obtained a patent from the United States; and for the benefit of the public, has reduced the price from two dollars to seven shillings and six pence per bottle. It has performed the most astonishing cures on many persons in this city, as well as other parts of Virginia, which will appear by a number of certificates now in his possession, some of which have been given by gentlemen of the first respectability, and which will accompany each bottle with directions for using the medicine.
Which cures almost every internal disease. It is recommended for all complaints at the stomach and bowels, corrects bile, particularly relieving every species of cholick. It restores appetite, relieves griping pains attended with purging. It revives the strength and spirits, and is of singular efficacy in promoting digestion by strengthening the stomach and bowels. By taking a wine glass full in the morning fasting, it will be found to be an excellent stomachic and carminative. It is also a certain preventative against taking the ague and fever, or any malignant fevers. This cordial may be given to infants of a month old, if troubled with wind and cholick, giving half a tea spoon full. It is an excellent medicine for women in their early stage of pregnancy, taking a wine glass full at any time of the day. It has a very agreeable taste, and no patient can be injured by taking too much. It may not perhaps be too much to say, that this cordial has cured more persons of bilious complaints, in the course of two years past, than any other medicine in the known world.
N. B. The Doctor continues to cure the Rheumatism, either acute or chronic. He also has for sale, his Laxament, with printed directions, by the use of which, persons residing at a distance may cure themselves. He has in possession certificates from gentlemen of respectability of this city to prove the efficacy and astonishing cures performed by this medicine. He also cures the teeth, and cures the fever in the mouth—and has for sale his paste and paste to very successful in curing this complaint, and which renders the breath at all times sweet and agreeable. Doctor Lotanus may be spoke with at his dispensary, next door to Mr. John Doyle, builder.

CORRESPONDENCE.
TO THE EDITOR OF THE "ENQUIRER."
Petersburg, 9th June, 1805.
DEAR SIR,
SOMETIMES amuse a leisure hour, in looking over the old English Magazines; and indeed, there are few books that afford more profitable gleaming. I have extracted from one of them, the enclosed "MEMOIRS OF EUGENE ARAM," who was tried, condemned, and executed for murder, in England, in 1759, fourteen years after the perpetration of the crime.
The story of this unhappy man, is equally singular and interesting. But it is the Speech he made in his defence, that chiefly deserves attention; for classical purity and precision, for clearness and ingenuity of argument, it may fearfully compare with the ablest exertions of professional skill.
This is the same Eugene Aram, to whose fate the virtuous robber in Godwin's Caleb Williams adverts, when he reproaches the inexorable spirit of the law, whose vengeance, once provoked, no time, no repentance, no merit can appease. Smollett, also, in his continuation of the History of England, mentions this case among other instances of homicide; "a crime (he says) that prevails to a degree alike deplorable and surprising, even in a nation renowned for compassion and placability." The philosopher and the historian, without doubt, entertained widely different opinions of the national character of their country. The world will have no difficulty to decide between them. Smollett shines in fiction, among beings of his own creation, where there are no passions, no anticipations or partialities to mislead; but he is one of those wretched historians, who can never emancipate their minds from the slavery of nationality and prejudice.
Excuse this little digression.—During the present dearth of political intelligence, I have supposed the story of Eugene Aram, and especially his Speech, worthy a re-publication; and if you join in that opinion, you will gratify me by giving it the first spare place in "The Enquirer."
B. W. L.
EUGENE ARAM, a man of considerable erudition, which he acquired under great disadvantages, and who was also remarkable for his unhappy fate, and the singular circumstances that occasioned and attended it, was born at Ranigill, a little village, in Netherdale, Yorkshire, in the year 1704. He was descended from an ancient family, but his father was in no higher station than that of a gardener, tho' of great merit in that occupation.
He was removed, when very young, together with his mother, to Skelton, near Newby; and, when he was five or six years old, his father making a little purchase in Bondgate, near Ripon, his family went thither. He was there sent to school, where he learned to read the New Testament in English, which was all he was ever taught, except that, some considerable time after, he was under the tuition of the Rev. Mr. Alcock, of Burnall, for about a month.
When he was about thirteen or fourteen years of age, he went to his father at Newby, and attended him in the family there, till the death of Sir Edward Blackett. It was in the house of this gentleman, to whom his father was gardener, that his propensity to literature first appeared. He was, indeed, always of a solitary disposition, and unconsciously fond of retirement and books; and here he enjoyed all the advantages of leisure and privacy. He applied himself at first chiefly to mathematical studies, in which he made a considerable proficiency. At about sixteen years of age, he was sent to London to the house of Mr. Christopher Blackett, whom he served for some time in the capacity of book-keeper. After continuing here a year, or more, he was taken with the small-pox, and suffered severely under that distemper. He afterwards returned into Yorkshire, in consequence of an invitation from his father, and there continued to prosecute his studies, but found in polite literature much greater charms than in the mathematics; which occasioned him now chiefly to apply himself to poetry, history, and antiquities. After this he was invited to Netherdale, where he engaged in a school, and married. But his marriage proved an unhappy connection; for to the misconduct of his wife he afterwards attributed the misfortunes that befel him. In the meanwhile, having perceived his deficiency in the learned languages, he applied himself to the grammatical study of the Latin and Greek tongues; after which he read, with great avidity and diligence, all the Latin classics, historians and poets. He then went thro' the Greek Testament; and, lastly, ventured upon Hesiod, Homer, Theocritus, Herodotus, and Thucydides, together with all the Greek tragedians. In 1734, William Norton, Esq.; a gentleman who had a friendship for him, invited him to Knarborough. Here he acquired the knowledge of the Hebrew, and read the Pentateuch in that language. In 1744, he returned to London, and served the Rev. Mr. Painblanc, as usher in Latin and writing, in Piccadilly; and, with this gentleman's assistance, he acquired the knowledge of the French language. He was afterwards employed, as an usher and tutor in several different parts of England; during which time he became acquainted with heraldry and botany. He also ventured upon Chaldee and Arabic, the former of which he found easy from its near connection with the Hebrew. He then investigated the Celtic, as far as possible, in all its dialects; and having begun to form collections, and made comparisons between the Celtic, the English, the Latin, the Greek, and the Hebrew, and found a great similarity between them, he resolved to proceed through all these languages, and to form a comparative Lexicon. But, in the midst of these learned labours and inquiries, it appears, that Aram committed a crime, which could not naturally have been expected from a man of so studious a turn, and which is the more extraordinary, as the inducement that led him to it is said to have been only gain, though he himself afterwards assigned a different motive.
On the 8th of February, 1744-5, he murdered Daniel Clark, a shoemaker, in conjunction with whom, and another person, he seems to have been concerned in some fraudulent practices. The murder, however, was concealed near 14 years, and then was discovered by a skeleton being accidentally found, which was supposed to be that of Clark. This was a mistake; but it led to a discovery of the whole transaction, which is thus related:
A labourer was employed to dig for stone to supply a lime-kiln, at a place called Thistle-Hill, near Knarborough, and having dug about two feet deep, he found the bones of a human body, and the bones being still joined to each other by the ligatures of the joints, the body appeared to have been buried double. This accident immediately became the subject of general curiosity and inquiry. Some hints had been formerly thrown out by Aram's wife, that Clark was murdered; and it was well remembered, that his disappearance was very sudden. This occasioned Aram's wife to be sent for, as was also the Coroner, and an inquisition was entered into; it being believed, that the skeleton found was that of Daniel Clark. Mrs. Aram declared, that she believed Clark had been murdered by her husband and Richard Housman. The latter, when he was brought before the Coroner, appeared to be in great confusion, trembling, changing colour, and faltering in his speech upon the examination. The Coroner desired him to take up one of the bones, probably to observe what further effect that might produce; and Housman, accordingly taking up one of the bones, said, "This is no more Dan. Clark's bone than it is mine." These words were pronounced in such a manner as convinced those present, that they proceeded not from Housman's supposition that Clark was alive, but from his certain knowledge where his bones really lay. Accordingly, after some evasions, he said that Clark was murdered by Eugene Aram, and that the body was buried in St. Robert's cave, near Knarborough. He added further, that
Clark's head lay to the right, in the turn, at the entrance of the cave; and a skeleton was accordingly found there exactly in the posture he described. In consequence of this Aram was apprehended at Lynn, in Norfolk, being at that time usher of a school there. He was brought from thence to York-castle, and on the 2d of August, 1759, was tried at the county-assizes for the murder. He was found guilty on the testimony of Richard Housman, who, being arraigned, and acquitted, became an evidence against Aram, whose testimony was corroborated by that of Aram's wife, and other circumstantial evidence.
The fact seems to have been, that Housman and Aram together murdered Clark, and only dragged his body into the cave, where it was found in the posture described by Housman. It was supposed that Aram got all the money Clark had received for his wife's fortune, amounting to about 160l.
The defence which he read in Court on this occasion, which is exceedingly curious, and at once an evidence of his rare and erudition, though not of his innocence, is as follows:
My Lord, I KNOW not whether it is of right, or through some indulgence of your Lordship, that I am allowed the liberty at this bar, and at this time, to attempt a defence; incapable, and un instructed, as I am to speak. Since, while I see so many eyes upon me, so numerous and awful a concourse, fixed with attention, and filled with I know not what expectancy, I labour not with guilt, but with perplexity. For having never seen a court but this, being wholly unacquainted with law, the customs of the bar, and all judiciary proceedings, I fear I shall be so little capable of speaking with propriety in this place, that it exceeds my hope, if I shall be able to speak at all.
I have heard, my Lord, the indictment read, wherein I am myself charged with the highest crime; with an enormity I am altogether incapable of; a fact, to the commission of which there goes far more inflexibility of heart, more profligacy of morals, than ever fell to my lot. And nothing possibly could have admitted a presumption of this nature, but a depravity, not inferior to that imputed to me. However, as I stand indicted at your Lordship's bar, and have heard what is called evidence induced in support of such a charge, I very humbly solicit your Lordship's patience, and beg the hearing of this respectable audience, while I, single and unskilled, destitute of friends, and unassisted by Counsel, say something, perhaps, like argument, in my defence. I shall consume but little of your Lordship's time; what I have to say will be short, and this brevity, probably, will be the best part of it: however, it is offered with all possible regard, and the greatest submission to your Lordship's consideration, and that of this honourable Court.
First, my Lord, the whole tenor of my conduct in life contradicts every particular of this indictment. Yet I had never said this, did not my present circumstances extort it from me, and seem to make it necessary. Permit me here, to call upon malignity itself, so long & cruelly buffeted in this prosecution, to charge upon me any immorality, of which prejudice was not the author. No, my Lord, I concerted no schemes of fraud, projected no violence, injured no man's person or property. My days were honestly laborious, my nights intensely studious. And, I humbly conceive, my notice of this, especially at this time, will not be thought impertinent, or unseasonable; but, at least, deserving some attention: because, that any person, after a temperate use of life, a series of thinking, and acting regularly, and without one single deviation from sobriety, should plunge into the very depth of profligacy, precipitately and at once, is altogether improbable and unprecedented, and absolutely inconsistent with the course of things. Mankind is never corrupted at once; villainy is always progressive, and declines from right, step after step, till every regard of probity is lost, & every sense of all moral obligation totally perishes.
Again, my Lord, a suspicion of this kind, which nothing but malevolence could entertain, and ignorance propagate, is violently opposed by my very situation at that time, with respect to health: for, but a little space before, I had been confined to my bed, and a suffered under a very long and severe disorder, and was not able, for half a year together, so much as to walk. The distemper left me indeed, yet slowly and in part; but so moderated, so feeble, that I was reduced to crutches; and was so far from being well about the time I am charged with this fact, that I never to this day perfectly recovered. Could then a person in this condition take any thing into his head so unlikely, so extravagant? I, past the vigour of my age, feeble and valetudinarian, with no inducement to engage, no ability to accomplish, no weapon wherewith to perpetrate such a fact; without interest, without power, without motive, without means.
Besides, it must needs occur to every one, that an action of this atrocious nature is never heard of, but, when its springs are laid open, it appears that it was to support some indolence, or supply some luxury, to satisfy some avarice, or oblige some malice; to prevent some real, or some imaginary want: yet I lay not under the influence of any one of these. Surely I may, consistent with both truth and modesty, affirm thus much; and none, who have any veracity, and knew me, will ever question this.
In the second place, the disappearance of Clark is suggested as an argument of his being dead: but the uncertainty of such an inference from that, and the fallibility of all conclusions of such a sort, from such a circumstance, are too obvious, and too notorious, to require instances: yet, superfluing many, permit me to produce a very recent one, and that afforded by this castle.
In June, 1757, William Thompson, for all the vigilance of this place, in open day-light, and doubled-ironed, made his escape; and, notwithstanding an immediate inquisition set on foot, the swift search and all advertisement, was never seen or heard of since. If then Thompson got off unseen, through all these difficulties, how very early was it for Clark, when none of them opposed him? But what would be thought of a prosecution commenced against any one been left with Thompson?
Permit me, next, my Lord, to observe a little upon the bones which have been discovered. It is said, which perhaps is saying very far, that these are the skeleton of a man. It is possible indeed it may: but is there any certain known criterion, which incontestably distinguishes the sex in human bones? Let it be considered whether the ascertaining of this point ought not to precede any attempt to identify them.
The place of their deposition too claims much more attention than is commonly bestowed upon it: for, of all places in the world, none could have mentioned finding human bones, there was greater certainty of finding human bones, than a hermitage; except he should point out a church-yard: hermitages, in time past, being not only places of religious retirement, but of burial too. And it has scarce or never been heard of, but that every cell, now known, contains, or contained, these relics of humanity; some mutilated, and some entire. I do not inform, but give me leave to remind your Lordship, that here fat solitary sanctity, and here the hermit, or the anchorite, hoped that repose for their bones, when dead, they here enjoyed when living.
All this while, my Lord, I am sensible this is known to your Lordship, and many in this Court, better than to me. But it seems necessary to my case, that others, who have not at all, perhaps, adverted to things of this nature, and may have concern in my trial, should be made acquainted with it. Suffer me then to produce a few of many evidences, that these cells were used as repositories of the dead, and to enumerate a few, in which human bones have been found, as it happened in this question; left, to some, that accident might seem extraordinary, and, consequently, occasion prejudice.
1. The bones, as was supposed, of the Saxon, St. Dubricius, were discovered buried in his cell at Guy's cliff, near Warwick, as appears from the authority of Sir William Dugdale.
2. The bones, thought to be those of the anchorite Rolia, were but lately discovered in a cell at Royton, intire, fair, and undecayed, though they must have been interred for several centuries, as is proved by Dr. Stukely.
3. But our own country, nay, almost in this neighbourhood, supplies another instance: for, in January,
1747, were found by Mr. Stevin, accompanied by a reverend Gentleman, the bones, in part, of some recluse, in the cell at Lindholm, near Hatfield. They were believed to be those of William of Lindholm, a hermit, who had long made this his habitation.
4. In February 1744, part of Woburn-abbey being pulled down, a large portion of a corpse appeared, even with the flesh on, and which bore cutting with a knife; though it is certain this had lain above two hundred years, and how much longer is doubtful; for this abbey was founded in 1145, and dissolved in 1538 or 9.
What would have been said, what believed, if this had been an accident to the bones in question?
Further, my Lord, it is not yet out of living memory, that at a little distance from Knarborough, in a field, part of the manor of the worthy and patriot Baronet, who does that borough the honour to represent it in Parliament, were found, in digging for gravel, not one human skeleton only, but five or six, deposited side by side, with each an urn placed at his head, as your Lordship knows was usual in ancient times.
About the same time, and in another field, almost close to this borough, was discovered also, in searching for gravel, another human skeleton; but the piety of the same worthy gentleman ordered both the pits to be filled up again, commendably unwilling to disturb the dead.
Is the invention of these bones forgotten, then, or industriously concealed, that the discovery of those in question may appear the more singular and extraordinary? Whereas, in fact, there is nothing extraordinary in it. Almost every place conceals such remains. In fields, in hills, in high-way fides, in common, lie frequent and unsuspected bones. And our present allotments for rest for the departed are but of some centuries.
Another particular seems not to claim a little of your Lordship's notice, and that of the gentlemen of the jury; which is, that perhaps no example occurs of more than one skeleton being found in one cell; and in the cell in question, was found but one; agreeable, in this, to the peculiarity of every other known cell in Britain. Not the invention of one skeleton, then, but of two, would have appeared suspicious and uncommon.
But then, my Lord, to attempt to identify these, when even to identify living men sometimes has proved so difficult, as in the case of Perkin Warbeck and Lambert Simnel at home, and of Don Sebastian abroad, will be looked upon perhaps as an attempt to it will not pass unconsidered here, where Gentlemen believe with caution, think with reason, and decide with humanity, what interest the endeavour to do this is calculated to serve, in aligning proper personality to those bones, whose particular appropriation can only appear to eternal Omnipotence.
Permit me, my Lord, also very humbly to remonstrate, that, as human bones appear to have been the inseparable adjuncts of every cell, even any person's naming such a place at random as containing them, in this case, shews him rather unfortunate than conscious present, and that these attendants on every hermitage only accidentally concurred with this conjecture. A mere casual coincidence of words and things.
But it seems another skeleton has been discovered by some labourer, which was full as confidently ascribed to Clark's as this. My Lord, must some of the living, if it promotes some interest, be made answerable for all the bones that earth has concealed, & chance exposed? And might not a place where bones lay be mentioned by a person by chance, as well as accidentally to name one? Or is it more criminally accidentally to name one? Or is it more criminally accidentally to find where they lie?
Here too is a human skull produced, which is fractured; but was this the cause, or was it the consequence of death; was it owing to violence, or was it the effect of natural decay? If it was violence, was that violence before or after death? My Lord, in May 1732, the remains of William, Lord Archbishop of this province, were taken up, by permission, in this cathedral, and the bones of the skull were found broken; yet certainly he died by no violence offered to him alive, that could occasion that fracture there.
Let it be considered, my Lord, that, upon the dissolution of religious houses, and the commencement of the Reformation, the ravages of those times both affected the living and the dead. In search after imaginary treasures, coffins were broken up, graves and vaults dug open, monuments ransacked, & shrines demolished: your Lordship knows that these violations proceeded so far, as to occasion Parliamentary authority to restrain them; and it did, about the beginning of the reign of Queen Elizabeth. I treat your Lordship suffer not the violences, the depredations, and the iniquities of those times to be imputed to this.
Moreover, what gentleman here is ignorant that Knarborough had a castle; which, though now a ruin, was once considerable both for its strength and garrison. All know it was vigorously besieged by the arms of the Parliament; at which siege, in falls, conflicts, flights, pursuits, many fell in all the places round it; and where they fell were buried; for every place is burial earth in war; and many, questionless, of these rest yet unknown, whose bones futurity shall discover.
I hope, with all imaginable submission, that what has been said will not be thought impertinent to this indictment; and that it will be far from the wisdom, the learning, and the integrity of this place, to impute to the living what zeal in its fury may have done—what nature may have taken off, & piety interred; or what war alone may have destroyed, alone deposited.
As to the circumstances that have been raked together, I have nothing to observe, but that all circumstances whatsoever are precarious, and have been but too frequently found lamentably fallible; even the strongest have failed. They may rise to the utmost degree of probability; yet are they but probability still.
Why need I name to your Lordship the two Harrisons recorded in Dr. Howell, who both suffered upon circumstances, because of the sudden disappearance of their lodger, who was in credit, had contracted debts, borrowed money, and went off unseen, and returned again a great many years after their execution? Why name the intricate affair of Jacques du Moulin, under King Charles II, related by a Gentleman who was Council for the Crown? And why the unhappy Coleman, who suffered innocent, tho' convicted upon positive evidence, and whose children perished for want, because the world uncharitably believed the father guilty? Why mention the perjury of Smith, innocently admitted King's evidence; who, to screen himself, equally accused Fairclough and Loveday of the murder of Dunn; the first of whom, in 1749, was executed at Winchester; and Loveday was about to suffer at Reading, had not Smith been proved perjured, to the satisfaction of the Court, by the surgeon of the Gosport hospital?
Now, my Lord, having endeavoured to shew that the whole of this process is altogether repugnant to every part of my life; that it is inconsistent with my condition of health about that time; that no rational inference can be drawn, that a person is dead who suddenly disappears; that hermitages were the constant repositories of the bones of the recluse; that the proofs of this are well authenticated; that the revolutions in religion, or the fortune of war, have mangled, or buried, the dead; the conclusion remains, perhaps, no less reasonably than impatiently wished for. I, last, after a year's confinement, equal to either fortune, put myself upon the candour, the justice, and the humanity of your Lordship, and upon yours, my countrymen, Gentlemen of the jury.
After his conviction, he confessed the justice of his sentence to two clergymen, who were directed to attend him in York-castle, to whom he acknowledged that he murdered Clark. Being asked by one of them, what was his motive for committing that action, he answered, that he feared Clark of having an unlawful commerce with his wife; that he was persuaded, at the same time when he committed the murder, he did right; but that since he thought he was wrong.
In hopes of eluding the course of justice, he made an attempt upon his own life, by cutting his arm in
two places with a razor, which he had concealed for that purpose.
On a table, in his cell, was found the following paper, containing his reasons for the above attempt:
"What am I better than my fathers? To die is natural and necessary. Perfectly sensible of this, I fear no more to die than I did to be born. But the manner of it is something which should, in my opinion, be decent and manly. I think I have regarded both these points. Certainly no body has a better right to dispose of a man's life than himself; and he, not others, should determine how. As for any indignities offered to my body, or silly reflections on my faith and morals, they are (as they always were) things indifferent to me. I think though contrary to the common way of thinking, I wrong no man by this, and hope it is not offensive to that eternal Being that formed me and the world: and, as by this I injure no man, no man can be reasonably offended. I felicitously recommend myself to the eternal and almighty Being, the God of nature, if I have done amiss. But perhaps I have not; and I hope this thing will never be imputed to me. Though I am now stained by malevolence, and suffer by prejudice, I hope to rise fair and unblemished. My life was not polluted, my morals irreproachable, and my opinions orthodox."
I slept found till three o'clock, awaked, and then writ these lines:
Come, pleasing rest, eternal slumbers fall, Seal mine, that once must feel the eyes of all; Calm and composed my foul her journey takes, No guilt that troubles, and no heart that aches; Adieu! thou sun, all bright like her arise, Adieu! fair friends, and all that's good and wise."
These lines, found with the foregoing, were supposed to have been written by Aram just before he cut himself with the razor.
By proper applications he was brought to himself, and, though weak, was conducted to the place of execution; where, being asked if he had any thing to say, he replied in the negative. He was immediately after executed, and, his body being conveyed to Knarborough-forest, he was there hung in chains, pursuant to his sentence.
It is exceedingly to be lamented, that a man possessed of such abilities, and such application, should have made so disgraceful an exit: and we are hurt to find so excellent a head joined to such depravity of heart. The progress that he made in literature, considering the little instruction that he received, and the disadvantages under which he laboured, may justly be considered as astonishing; and that his powers of mind were uncommonly great cannot reasonably be questioned. Eugene Aram possessed talents and accomplishments that might have classed him among the most respectable of human characters, if his moral qualities had been equal to his intellectual. But vice degraded him, and caused a man to fall deservedly by the hands of the common executioner, who might have been an ornament to his species.
* Smollett observes, he made an application to the crown for mercy.
TO BE SOLD, On liberal credit, and in lots to suit purchasers,
TWO hundred and fifty to three hundred acres of LAND, in the county of Henrico, about four miles from Richmond—a distance which renders it but little liable to pillage, yet sufficiently near to one of the best and most improving markets in the United States.
The advantages of small farms near large towns, are so obvious and generally admitted, as not to require particular enumeration. Persons residing in the city with large families, and who are obliged to keep horses, would be able in one year to save more than the original purchase. For further particulars enquire of Mr. Thomas Norvell.
May 14. [oa8ff.]
JUST RECEIVED, And for sale at Ritchie & Worley's book store:
HISTORY of the CIVIL WAR IN IRELAND; containing an impartial account of the proceedings of the Irish Revolutionists, from the year 1782, until the suppression of the intended Revolution. To which is prefixed, a Geographical and Historical account of Ireland.
By the Rev. JAMES GORDON. With copious Additions and Corrections from various authors upon this subject; particularly prepared for the first American Edition. June 4.
BENJAMIN STETSON,
INFORMS his friends and the public in general, that he has for sale, 400 gallons Holland's Linseed Oil, White Lead and Spanish Brown ground in Oil, Patent Green ground in ditto. Verdigris and Spanish Brown, dry; 8 by 10 Window Glass, & Putty; 2d, 3d, 4d, 6d, 8d, 10d, and 20d Nails, two Casks Spike Nails, Bar Iron, German and Blistered Steel; general assortment of Iron Hollow Ware; 10 Hds. Molasses, French Brandy, West-India and New-England Rum, Tea, Coffee, Loaf and Brown Sugar, Chocolate, Mens, fine and coarse Shoes, Ladies Kid & Morocco and Leather Slippers; 8 Boxes Cotton and Wool Cards assorted; half pint and quart Tumblers, small invoice elegant cut glass, stone ware, German Ozenburgs, 50 fasks Salt, Nova Scotia Grind Stones, and many other articles in store, which he will sell cheap for cash or country produce. April 2.—(1aw12m.)
JUST RECEIVED, AND FOR SALE BY THE SUBSCRIBER,
FOUR hundred pieces House Paper, Philadelphia Beer by the barrel, a small quantity of first quality New-England Cheese; also 400 barrels Corn. EDWARD HALLAM. April 6.—(1awtf.)
VIRGINIA.
At a Superior Court of Chancery held at the Capitol in the city of Richmond, the sixth day of March, one thousand eight hundred and five—
Between John Street, Plaintiff, and
Archibald Gracie, Daniel Anderson & Defendants, William Twitty,
THE defendant Archibald Gracie, 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 plaintiff, by counsel, it is ordered that the said defendant do appear here on the first day of the next September term, and answer the bill of the plaintiff; and that a copy of this order be forthwith inserted in some new-paper 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. May 3.—eF2m. R.
JUST RECEIVED, And for sale at RITCHIE and WORLEY's book store,
Price one dollar and fifty cents.
A NEW SYSTEM OF
MODERN GEOGRAPHY:
OR a general Description of the most remarkable countries throughout the known world; their respective situations, extent, divisions, cities, rivers, mountains, soils and productions; their commerce, manners, customs and religions, together with their principal historical events and political importance in the great commonwealth of nations; compiled from the most modern systems of Geography, and the latest voyages and travels, and containing many important additions to the Geography of the United States that have never appeared in any other work of the kind, illustrated with eight maps, comprising the latest discoveries, and engraved by the first American artists, designed particularly for the use of schools. BY BENJAMIN DAVIES.
SURVEYOR'S OFFICE.
WOOD, Mathematical Surveyor for the City of Richmond, informs those persons who may desire to have any Lots surveyed or divided, to apply at his house opposite to Mr. Copland's, Shockoe-Hill: and he will, from home, to leave a card either there or at Mr. John Moodie's the corner of the Gunne.
Other surveyors are prohibited by an ordinance of the Common Hall from surveying any squares or lots, or running lines within the city bounds under the penalty of the legal fees of the city surveyor for every such offence. May 24. [eF8r.]
ABSCONDED,
The second time, in the month of February:
JACK, sometimes known by the name of Jack Ash, is upwards of 30 years of age, a gardner by profession, rather under the middle size. He was purchased of Lewis Burwell's estate in January 1804. He is well known in and about the city of Richmond, in the county of Chesterfield, where he has a number of free connections, and in the neighbourhood of Williamsburg. 'Tis very certain that he is lurking about one of the above places, most likely Richmond, where he has a free woman for a wife. Mr. William Role is authorised to give a reward of THIRTY DOLLARS on delivery of the above Jack Ash to him. May 31. [E4]
VIRGINIA.
At a Superior Court of Chancery held at the Capitol in the city of Richmond the 23d day of March, one thousand eight hundred and five—
Between James Brown Plaintiff,
and Edward Dudley, Mary Payne, Aaron? Defendants, Fontaine and John Hancock,
THE defendants Mary Payne, Aaron Fontaine and John Hancock, 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 country; on the motion of the plaintiff, by counsel, it is ordered that the said defendants do appear here on the first day of the next September term, and answer the bill of the plaintiff, and that a copy of this order be forthwith inserted in some new-paper 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. May 3.—eF2m. MR.
VIRGINIA, to suit.
At a Chancery District Court, held in the City of Williamsburg the 6th day of April, 1805:
Jethro Darden and Stephen Hockey, surviving partners of Eliza & Jethro Darden, Plaintiffs, Against Oxley and Hancock, Defendants.
THE Defendants 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 country, on the motion of the plaintiffs, by their counsel, it is Ordered, That the said defendants do appear here on the first 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 of the City of Richmond, for two months successively, and posted at the front door of the former capitol in this city. A Copy, Teste, ANTY ROBINSON, C. C. (F2m) Wt. May 17.
LAND FOR SALE.
THE subscribers living in this place, have for sale, a tract of LAND lying in the county of Louisa, and adjoining Yanceyville, containing two hundred and fourteen, and one half acres more or less; the land is well timbered, and the same which was sold under a deed of trust from Francis Lockett, dec'd.
A credit of one year will be given the purchaser on securing the payment, bearing interest from the date, if not punctually paid. LYLE & MCREADIE. Manchester, June 7. (sp Sw.)
BENJAMIN DUVAL,