The enquirer (Richmond, Va.), 1804-06-02 00:00:00

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BY AUTHORITY.
[LAWS OF THE UNITED STATES.]
AN ACT
To provide for a more extensive distribution of the Laws of the United States.
BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary for the department of state be, and he hereby is authorised and empowered to procure four hundred copies of the laws of the United States: one hundred copies of which shall be distributed in just proportions in the territory of Orleans and district of Louisiana; the other three hundred copies to be reserved for the disposal of Congress.
Sec. 2. And be it further enacted, That one thousand copies of the laws of the United States which shall be printed at the close of each session, shall be reserved for the disposal of Congress, and that the distribution of the remainder shall be extended to the territory of Orleans and district of Louisiana, and to such other territories as are or may hereafter be established, in the same manner and proportion as is already provided by law for distributing them among the several states and territories: and the Secretary of state shall cause to be published in one newspaper in each of the territories of the United States, where newspapers are printed, the laws which have passed during the present session, and which may hereafter be passed by Congress.
Sec. 3. And be it further enacted, That there shall be transmitted by the Secretary of state to each member of the Senate and House of Representatives, and to each territorial delegate, as soon as may be after the expiration of each session of Congress, a copy of all the laws which shall have been passed at such session.
Sec. 4. And be it further enacted, That the sum of two thousand dollars be, and the same hereby is appropriated, for defraying the expense authorised by this act, payable out of any money in the treasury, not otherwise appropriated.
NATHL. MACON, Speaker of the House of Representatives. JESSE FRANKLIN, President of the Senate pro tempore.
March 27, 1804. APPROVED, TH: JEFFERSON.
AN ACT
Relative to the compensation of certain officers of the customs; and to provide for appointing a Surveyor in the district therein mentioned.
BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the last day of June in the present year, the salaries heretofore allowed by law to the several collectors of the customs, for the districts of Bath, Portsmouth, Newport, Middletown, New-Haven, Delaware, Richmond, Wilmington in North Carolina, Newbern and Edenton, shall cease and be discontinued. And there shall be allowed and paid annually to the officers of the customs hereafter named, the following sums respectively, viz.
To the collector for the district of Natchez, in addition to the fees and other emoluments of office, the sum of two hundred and fifty dollars; and to each of the surveyors at New-London, Middletown, New-Haven and Alexandria, in addition to the allowances already established by law, the sum of fifty dollars.
Sec. 2. And be it further enacted, That from and after the said last day of June in lieu of the commissions heretofore allowed by law, there shall be allowed to the collectors of the customs for Wilmington in North Carolina, & Newbern, two and a half per cent:
To the collectors for Petersburg and Richmond, two per cent:
To the collectors for Kennebec and New-London, one and three quarters per cent:
To the Collector for Bath, one and a half per cent:
To the collectors for New-Haven and Middletown, one and three eighths per cent:
To the collectors for Providence & Alexandria, one and one quarter per cent:
To the collector for Newburyport, one and one eighth per cent:
To the collector for Portland, three quarters of one per cent:
And to the collectors for Salem and Beverly, five eighths of one per cent; on all monies by them respectively received on account of the duties arising on goods, wares and merchandise, imported into the United States, and on the tonnage of ships and vessels.
Sec. 3. And be it further enacted, That there shall be appointed a surveyor for the district of Marblehead, to reside at Marblehead: who shall be entitled to receive, in addition to the other emoluments allowed by law, a salary of one hundred dollars annually.
NATHL. MACON, Speaker of the House of Representatives. JESSE FRANKLIN, President of the Senate pro tempore.
March 27, 1804. APPROVED, TH: JEFFERSON.
AN ACT
For the appointment of an additional Judge for the Mississippi territory; and for other purposes.
BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be appointed an additional judge for the Mississippi territory, who shall reside at or near the Tombigbee settlement, and who shall possess and exercise, within the district of Washington, as fixed and ascertained by an act of general assembly of the Mississippi territory, entitled, an "Act for the more convenient organization of the courts of the said territory," the jurisdiction heretofore possessed and exercised by the superior court of the said territory within the said district of Washington, and to the exclusion of the original jurisdiction of the said superior court within the same: Provided always, That the said superior court shall have full power and authority to issue writs of error to the court established by this act, and to hear and determine the same when sitting, for the district of Adams, as fixed and ascertained by the act of the general assembly of the Mississippi territory herein before mentioned.
Sec. 2. Be it further enacted, That the said superior court are hereby authorised, upon the reversal of a judgment of the court established by this act, to render such judgment as the said court ought to have rendered or passed, except where the reversal is in favor of the plaintiff in the original suit and the debt or damages to be assessed, are uncertain in which case, the cause shall be remanded, in order to a final determination.
Sec. 3. Be it further enacted, That when any person, not being an executor or administrator, applies for a writ of error, such writ of error shall be no stay of proceedings in the court to which it issues, unless the plaintiff in error shall give security, to be approved of by a judge of the said superior court, that the plaintiff in error shall prosecute his writ to effect, and pay the condemnation money, and all costs, or otherwise abide the judgment in error, if he fail to make his plea good.
Sec. 4. Be it further enacted, That all pleas, process and proceedings whatever, which may have been commenced in the said superior court within the aforesaid district of Washington, shall be, and the same are hereby transferred to the court established by this act; and the officers appointed to issue or execute the process of the said superior court within the district of Washington, and to record the proceedings of the same, are hereby authorised and required to issue and execute the process of the court established by this act, and to record the proceedings thereof.
Sec. 5. Be it further enacted, That the court established by this act, shall hold two terms in each and every year, at the place where the courts for Washington county, within the said territory, shall be held, to commence on the days following, to wit, on the first Monday in May and September annually; and shall then and there proceed to hear and determine the pleas, process and proceedings depending before them, in the same manner as the said superior court within the district of Washington aforesaid might or could have done, in case this act had not been passed.
Sec. 6. And be it further enacted, That the judge to be appointed by virtue of this act, shall receive the same salary and payable in the same manner, which is established by law for judges of the said superior court of the Mississippi territory.
NATHL. MACON, Speaker of the House of Representatives. JESSE FRANKLIN, President of the Senate, pro-tempore.
March 27, 1804. APPROVED, TH: JEFFERSON.
AN ACT
To allow drawbacks of duties, on goods, wares and merchandise, transported by land in the cases therein mentioned.
BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all goods, wares and merchandise duly imported into either of the districts of Boston and Charleston, Salem and Beverly, Newburyport, Ipswich, or Marblehead, in the state of Massachusetts, which shall be transported by inland conveyance, along the turnpike or other main road into another of the said districts, and be therefrom exported to any foreign port or place, shall be entitled to the benefit of a drawback of the duties upon such exportation, under the same provisions, regulations, restrictions and limitations, as if the goods, wares and merchandise were transported coastwise from one to another of the said districts, and also upon the conditions specified in the seventy-ninth section of the act, entitled "an act to regulate the collection of duties on imports and tonnage."
Sec. 2. And be it further enacted, That all goods, wares and merchandise, duly imported into the district of Delaware, may be transported to the same places, in the same manner, and on the same conditions, with goods, wares, and merchandise, duly imported into the districts of Philadelphia, New-York, or Baltimore; and shall in like manner be entitled to the benefit of a drawback of the duties thereon, upon exportation to any foreign port or place, agreeable to the provisions contained in the seventy-ninth section of an act, entitled "an act to regulate the collection of duties on imports and tonnage," and that all goods, wares, and merchandise, which being duly imported into the districts of Philadelphia, New-York, or Baltimore, shall be exported from the district of Delaware, shall also be entitled to the benefit of a drawback of the duties on the same, in the same manner, and on the same conditions which are prescribed by the said seventy-ninth section of the act aforesaid, for goods, wares, and merchandise, which being duly imported into Baltimore or New-York, shall be exported from Philadelphia.
NATHL. MACON, Speaker of the House of Representatives. AARON BURR, Vice-President of the United States, and President of the Senate.
February 25, 1804. APPROVED, TH: JEFFERSON.
Foreign Intelligence.
Further Extracts from late European prints--received at the office of the New-York Morning Chronicle.
IMPERIAL PARLIAMENT.
HOUSE OF COMMONS, MARCH 25.
STATE OF THE NAVAL DEFENCE.
Mr. Pitt rose and stated, that his object, in the first place, was an address to his Majesty for a copy of an account, showing the number of ships of the line, 50 gun ships, frigates, and sloops of war in commission on 31st Dec. 1798, 1801, and 1803, distinguishing those acting as guard ships, &c. &c. His object in this motion was to obtain a distinct and accurate view of the state of the naval defence of the country, at three periods of danger, when the country was threatened with invasion, but when that danger was infinitely less than at present. At the commencement of the present war, it occurred to the lords of the admiralty, that an addition to the force they employed in shoal water was necessary, and they advertised that they were ready to contract for the necessary vessels; but he would ask why was so very essential a measure not thought of sooner? And the astonishment of gentlemen would be great when they heard that only in January, 1804, they had given orders for the construction of 25 gun-boats, five of which were to be ready in three months, and the remainder in six. When we saw the vigorous measures of the enemy, saw them in the fine weather increasing their flotilla, under the very eye of our fleet, and since then augmenting their numbers from two or 300 boats, in the port of Boulogne alone, to 1000, independent of the armaments at Flushing, Dieppe, the Texel, and the Flemish ports, and when we had been told by Ministers that the invasion was expected by them every day, and that it was only postponed because the enemy's preparations were on a most immense scale: and when it was known they had 27 stout gun-boats to accompany their flotilla, yet the admiralty, in the mouth of January only, gave orders for the construction of 25 boats of a similar description. He then stated, that in 1794 and 1797, similar orders had been issued for gun-boats, and they were completed in ten weeks. On a future day he should take an opportunity of moving an address to his majesty, beseeching his majesty to give directions for additional expedition on the part of Government to repel the enemy, and for defending the country. The next motion he intended now to offer was, for copies of the orders issued for building vessels by contract for the year 1803-4, specifying the rates at which such contracts had been made, and the time when such vessels were to be completed. Thus would the preparations made last war be contrasted with those in the present.
The next point was one of equal moment, namely, whether the navy did not require the addition of new ships. Every man knew there were two modes of keeping up the navy, either by building vessels in the King's dock-yards, or the yards of the merchants, and he believed if the naval history of the country was consulted it would be found that 2/3rds of our war-vessels were built in merchants' dock-yards. It was impossible almost, to build in the King's yards, especially during war, and in the course of the last struggle, 80 ships from the King's yards had been added to the navy, but they had all been laid down long antecedent to the rupture. From the period of the present Board of admiralty coming into office only two line of battle ships had been contracted for. He stated there were ships unoccupied on the river Thames at the present moment, which might be employed in laying down fourteen or fifteen sail of the line. In following up this idea, he should move for an account of all ships of the line built since 1791, to the present period, distinguishing the dates of the orders for their being laid down, when completed; and, with regard to the present time, he naturally might indulge a wish to know when any more might be finished.
The next head of enquiry respecting an augmentation of the naval force, and also to ascertain what had been done in consequence of the exertions of Ministers. On this part of the subject, likewise, he believed he should move an address, in order, in some way, to quicken the movements of Ministers. After defending at some length on these topics, Mr. Pitt concluded by moving an address to his majesty for an account of all ships of the line, fifty gun ships, frigates, sloops, hired cutters, &c. in commission on the 31st of December, 1798, 1797, and 1803.
Mr. Tierney felt this to be one of the most extraordinary proceedings ever brought forward in Parliament. The right honorable gentleman had stated the country to be in extreme danger, not by the cheering speeches of which he formerly was so profuse, but by bringing forward a motion of a gloomy desponding complexion--and what was extraordinary to a degree, he had founded that enquiry on no one individual ground on which, in his mind, it could be at all listened to by the house. It seemed peculiarly strange, that when no discontent against the King's government existed, the honorable gentleman should broach such business. [Here there was a loud cry of bear, bear, from all parts of the house; Mr. Tierney paused for an instant, and resumed]--I repeat there is no discontent in the country against ministers, though I must admit there is much clamour at present around me; and when I quit this house, I shall wonder how I got into such a place in so tranquil a country. In order to substantiate his charge of remissness against the admiralty, the right honorable gentleman ought to have stated, that our convoys of merchantmen had been captured, and that the enemy's fleets had escaped; he had done no such thing but by backbiting and backbiting, he wished to detract from and injure the character of a most gallant and illustrious admiral. How long ago was it, he begged the house to recollect, since the right honorable gentleman, in his all-powerful eloquence, panegyricized Lord St. Vincent? He had given him a gaudy character, and said, you may suspect and doubt any man I introduce to you, but Lord St. Vincent you must know, as well as I do, to be beyond all doubt. Now he wished to lower him in the esteem and regard of the house and the country, but the right honorable gentleman wanted more, and would require more than eloquence before he could attain that end. If all the papers moved for were to be produced--if that
was once to be the case, the house could not do justice, unless it proceeded in the subsequent enquiry. Was he to understand there was a man in the house who would with such a thing? It would be attended with singular inconvenience at all times; but more so at the present moment, as many professional people actually employed, would be under the necessity of abandoning for a time, the respective important duties committed to their trust. The house would bear in mind, that if the proposition of the right hon. gent. was in some part acceded to, by a tacit acknowledgment of censure, he would come forward and move for other documents, in order to improve and strengthen his case. With regard to the motion before the house for the number of ships in commission, he should not object to it; but whether the comparison would improve the defence of the country, he could not determine. There were armed vessels of all kinds at present in commission 500. There were likewise some irregular additions, besides the Trinity-house force, amounting to 19; lighters and small craft 873; East Indiamen 19; and a flotilla of vessels completely equipped and ready to sail of 624, making a grand total of 1596 vessels of war of various kinds, and calculated for various species of service. Such an immense force had this unworthy Lord of the admiralty collected in the short space of twelve months, so that it was not so surprising if he should overlook gun-boats in this immense arrangement. The right hon. gentleman had said, that formerly gun-boats had been built in 13 weeks; those to which he alluded were ordered in January, and the time, three months, by which they were to be completed had not yet expired. With regard to not building in the king's docks during war, he did not think it impossible; at any rate, ships formerly laid down might be completed without attempting to lay down new ones, thereby drawing largely on the king's stores. Might it not also happen that the merchants do not build so well, or that their contracts are too high, or that the merchants do not exactly discharge their duty to the public. From the nature of the right hon. gentleman's speech, and from its peculiar force on this point he could not refrain from saying that it smelt strongly of a contract. The Ajax man of war (a case which would explain itself) was built by contract for 41,000, a bargain which was jumped at, and the right hon. gentleman well knew, that by the time she was three years old, it was necessary to expend 17,000. in repairing her, and yet the great right hon. shipwright behind him laid down the law and practice on the subject without any hesitation. He then proceeded to state, that 100,000 seamen and marines had been voted for the service of the year, and he would state, that such exertions had been made by the Noble Lord at the head of the admiralty, that the men had all been procured within 2000; at least so said the general returns made to the admiralty, and the subsequent returns of the regulating officers. Mr. Tierney concluded by proposing an amendment to be inserted after the words "in commission,"--"and of all other armed vessels and boats employed in the public service."
Sir G. Poole, in defending the admiralty, observed, that such was the vigilance and activity used, that within 48 hours after it was known that hostilities were inevitable, admiral Cornwallis, with his fleet, had proceeded to the blockade of Brest; and the other ports were in a very short time in the same state.
Admiral Berkeley supported the motion on the ground of the present dreadful situation of the general affairs of the country, and should cordially vote for any enquiry; and unless an investigation was gone into, dreadful were the consequences likely to result. To prove that gun-boats and vessels which draw a small quantity of water were best, he would refer to the Gazettes, where, if any gallant enterprise was achieved, the commander stated, "I have taken one, two, three, and would have taken more." Why did they escape? was the natural question. Because they got into shallow water, where he could not possibly attempt to follow. Gun-boats had generally been used, though not always, when frigates were in a state of repair; but the present flotilla of Minifiers was merely a collection of cockle-shells, incapable of going from the Downs to Spithead.
Sir Edward Pellew took a view of the proceedings of the present board of admiralty since their appointment, and particularly since the commencement of the present war, and as a professional man, he found much to praise, and nothing to blame in the whole of their conduct. Their system of blockade, from Toulon to the Texel, was the most judicious that could be devised, and it was such as to preclude all possibility of apprehension from the cockle-shell navy, which so much alarmed the minds of some gentlemen. His only apprehension was, that the flotilla at Boulogne would never venture to give our blockading squadron the opportunity of proving how insufficient it was to the execution of its gaseconding threats. As far as the subject could in any degree be connected with the character or conduct of the admiralty board, or with that of the noble lord who presides over it, he must say, that he never knew any period during his experience in naval affairs, at which more universal and more zealous affection towards the government in general, or more cordial approbation of all the measures of the admiralty, prevailed among all ranks of persons belonging to the navy; and every officer in the navy, he conscientiously believed, was particularly satisfied with the conduct of the noble lord at the head of the board. The cordage, the stores, the provisions, in short every necessary for the proper appointment of a sufficient naval force to beat the enemy, was most rigidly attended to. We had not only enough but more than enough to beat the enemy, at Toulon, at Brest, at Boulogne, at Flushing, and at every other place where they were able to collect any force that was at all worth notice.
Mr. Wilberforce said, he had heard nothing in opposition to what his right honorable friend prayed by his motion, and condemned the granting only a part of the motion, while the more essential part was withheld. He urged the impropriety of deviating from the ancient system of building ships in the merchants yards, enforced the necessity of increased exertion in the naval department, and said, the laurels deservedly gained by the noble lord (St. Vincent) on the 14th of February, off the Spanish coast, should not operate to shut the eyes of the members, and prevent them from seeing his deficiency in a civil capacity. In short he had every reason to place confidence in what many gallant and able seamen had told him, who tho'
the naval force of the country extremely insufficient, and he should therefore sit down by expressing the hope not to be beat out of the enquiry, if it was necessary to the welfare of the country.
Mr. Sheridan said, the Right Hon. Gentleman, had altered heretofore opinions of certain naval characters, yet he had not named one individual by whom such opinions had been delivered. The thing was manifest that the characters alluded to were on shore, and consequently unemployed in the defence of their country; hence perhaps might arise that convenient opinion, that the naval affairs were badly conducted under the present noble lord. Did the Hon. Gentleman suppose that his second board of information, gathered from those who were not fighting the battles of their country, would have any weight with the house? He trusted if he did he would be mistaken. With respect to the noble lord, whose conduct had been so much canvassed that night, he should only say, that he never heard one so much respected, and so abused and suspected. It should be remembered by the house, that the noble lord (St. Vincent) was recommended by the Ex-Minister, who now seemed to have lost his confidence in him. If so, it was but right the house should demand why that confidence had been withdrawn. The motion was unsupported by any Parliamentary documents, and he was at a loss to trace the motive that urged it. He saw no necessity of increasing the number of gun-boats already preparing for service--(hear! hear! from Mr. Pitt.) The right hon. mover (said Mr. Sheridan) will bear if he listens, and hear, too, something about his own gun-boats, the utility of which, he wishes to enforce. The right hon. gentleman had 120 built during last war, 69 of which had been since sold as good for nothing; 16 were at present in the service, & six were sent to Guernsey, but were sent back, by captain D'Auvergne, with five other vessels as wholly unfit for use; yet such was the trust the right hon. gentleman would again recommend. The boats he alluded to, were like the three Portuguese men of war lent us by that power, which were so bad that a British frigate was compelled to see them safe into an English port. He would be bound to say, that if the whole French flotilla was upon the ocean, and a British 74 in fight, the captain would not hesitate a moment to dash through the whole armament from right to left, and battle with them while he had a stick standing or a fair set, in the progress of which, he could well conceive and contemplate the destruction such a vessel would make. Mr. Sheridan next canvassed the measures of the navy Board, and argued from thence the greatest merit due to Lord St. Vincent, who he said, had successfully struggled with the foulest corruption that ever disgraced a country, and had removed the filth under which the vilest of reptiles had burrowed. He alluded to his regulations on Chatham Chest, and the plunder committed on the sailors; also to the building ships of war by contract, the impropriety of which he exemplified by giving the history of the Ajax and Achilles. He also alluded to Mr. Pitt's visit for volunteering, and remarked, that if he wished to see the issue settled on British ground, he could not promote his wish better than by substituting gun-boats for the skill and enterprise of naval officers in their legitimate and well contrived wooden castles, which had hitherto bid defiance to the world. He concluded by saying, that he should oppose the motion of enquiry, & that he would not consent to give a scrap of paper called for: convinced that the whole tendency of the enquiry was directed against a noble lord, whose conduct in reforming abuses, and in preventing most gross and corrupt frauds upon the country, entitled him to the respect, admiration, and gratitude of the country.
Mr. Fox censured the conduct of Ministers in taking only a half measure on this occasion. They should have refused; or granted the papers moved for in toto.
Mr. G. Ponsonby strongly contended, that the enquiry should be acceded to. He could not see that any danger could result from the papers moved for; and all that was enquired into was the amount of our naval force, not a statement of its destination; and the more authenticated and public was the former, the greater the terror it would strike into the enemy; as to the size and quality of the ship, he should prefer large to small ones. It was well known that Ireland was the most vulnerable part of the empire, and from small ships it could derive no additional protection. The hon. gentleman here adverted to the state in which Ireland was left when the French under General Hoche approached to invade it. The French fleet had remained 17 days on the coast, and not a British ship was to be seen to defend it. Yet at that moment if the enemy had succeeded in landing, it was the opinion of the most experienced officers, that they might have driven the military force then in Ireland from one end of the Island to the other. The case was now very different. Not only was there a powerful fleet blockading Brest, but even if the enemy should succeed in escaping out of port, there was another fleet on the Irish coast fully capable to cope with them. Instead of voting for an address to his Majesty to remove the noble lord from the situation he now so ably fills, he should most heartily concur in a vote for confirming him in it by the approbation of the house, and for the surest defence and protection of the country.
Some other Members having spoken shortly, Mr. Pitt replied, and in the course of his observations he alluded to the conduct of Mr. Sheridan, in substance nearly as follows:--Among the many assaults which I have had to repel this evening, was one from a very brilliant flash of lightning--a meteor, which for some time had moved neither on the one side nor on the other--a meteor whose absence all may have regretted--a meteor on whose return, having concentrated its force, fixed its rays of resentment and indignation against me--but in whose blazing face I can look without fear or dread!!! [Here the whole house was convulsed with laughter, accompanied by admiration and applause]--Mr. Pitt concluded by stating, that he meant no personal attack upon Lord St. Vincent, but found it his duty to say, that no individual consideration should withhold from him that which he considered as his duty to the nation. Even the high and meritorious services of that noble lord were not to be put in opposition to his demerits--if demerit could be approved--on the present occasion.
A division then took place.--For the amendment as proposed by Mr. Tierney, 201. Against it 130--Majority 71. Adjourned at half past one o'clock, morning.

...in the British House of Commons, on the 29th of February on the subject of the Volunteers , Mr. Fox took occasion to notice the remarks of some of the Hon. gentlemen, who spoke rather contemptuously of the smock-frocked force, as they were termed. He recollected, said he, "that America was victorious over her opponents, not because she had a large regular army, but because she was an armed country and the result of that popular armament was, that two of our best Generals, at the head of some of the best troops, were compelled to surrender.—Precisely that kind of force which so conquered in America, which emancipated Holland, which triumphed in Switzerland, and performed such prodigies of valour in La Vendee and Ireland, is what I should recommend to be resorted to in this country. The misfortune is, with a view to this, that, as I understand, the Volunteers have taken so many arms, that enough are not left for arming the peasantry: but there are weapons in abundance to be found to suit them, and they won't require much training. If this plan be not attended to, many parts of the country will, in point of invasion, be left defenceless; for when a Volunteer corps is called into service what becomes of the town or village to which it may belong?"
In reply to this part of Mr. Fox's speech Mr. Pitt observed: "The right Hon. Gentleman, and those who hold similar opinions on this subject, have endeavoured to satisfy their arguments by what happened in La Vendee and in America. We are told, Sir, that in both these cases it was by the exertions of an armed peasantry that victory was accomplished. It was true, Sir, that the peasantry of La Vendee, headed by some of the most able and heroic leaders, whom the world ever saw, maintained a most glorious struggle against the monster who tyrannised over France."
"But, Sir, is it necessary for one to call to the recollection of the House, the circumstances of that affliction warfare? It was by encountering every form of misery and suffering, it was by submitting to every aggravation of cruelty, that those brave men were upheld in their resistance to injustice and oppression. They saw around the ravages of fire and of sword. They beheld their abodes consumed, their dearest relatives massacred, their fondest hopes destroyed. Animated by an unconquerable and heroic spirit, they thought no sacrifices too great which were to be the purchase of that independence which was dearest to their hearts."
"Nor does it appear to me, that the argument drawn from the history of the American war, is at all more conclusive. It is true that at the commencement of that war, the Americans did employ an irregular force; but it was not by such a force that their final triumph was effected. They had time, from the circumstances in which they were placed, to accustom these troops, at first raw and inexperienced, to all the varieties of discipline; and they received from our troops, the lessons which afterwards were made the foundation of victory. Besides, Sir, when the situation of America is considered, it is impossible to draw any parallel applicable to the present situation of this country."
"The theatre of war in America, was over an immense tract of territory, widely extended, thinly peopled, possessing no eternal point, no place particularly established as the seat of government or power, no vital, and few vulnerable parts. A province might be abandoned in consequence of one successful battle, but no object of importance was obtained. The enemy had only to retire to a distance, and unmolested to complete their preparations for a renewal of the attack. No victory could ever place under the hands of the conqueror, one tenth, or even one hundredth part of the country. If the Americans were routed, they had only to withdraw to some of the deserts with which the country abounded, and there wait six weeks or two months till they had an opportunity of renewing the contest with new prospect of advantage."
"Very different, however, would be the situation of this country if a landing of the enemy were effected."
might be effected within sixty miles of the metropolis. Every dictate of policy requires that, in such a case, we should be prepared to attack the enemy without a moment's delay—to harrass not only by irregular troops, but to meet him in front—to hang on his flanks.... to suffer him not to advance even a mile into the country, without encountering all, that gallantry, combined with skill, can oppose to his progress. It does appear to me, therefore, that corps of Volunteers in the maritime counties are best adapted for this service."
[Phil. Gaz.]
STATE PAPER.
CARLSRUHE, March 17.
Our Gazette of this day contains the following article— "Last night about midnight, between 12 and 1500 French, both cavalry and infantry troops, passed the Rhine, under the command of Gen. Leval, and first arrested the postmaster here, Tridant."
March 29.
The following electoral ordinance is published in our Gazette of this day. "His most serene Electoral highness, immediately after the re-establishment of peace between the German Empire and the French Republic, issued an ordinance for his ancient possessions, declaring in the most precise and positive terms, that no farther residence in his territory could be granted to any person who emigrated or had been deported from the French Republic. The war which afterwards ensued having occasioned these persons again to return into the country, his serene Electoral highness availed himself of the first favorable moment to order their removal, under the date of the 20th of June, 1799. The renewal of peace again brought back into the country many of those persons who had served in the army of the Prince of Conde, and his serene electoral highness saw himself obliged to issue a new ordinance which still subsists, according to which no Frenchman who has served in the army of the Prince of Conde, nor no French emigrant in general, can have permission to reside in the country in any manner that it is enjoyed by every foreigner who passes through it, unless he had obtained this permission before the peace. From the operation of this ordinance, his serene electoral highness has only excepted, by particular and express resolutions, such persons as could prove, by authentic documents, that they obtained their release from the list of emigrants, or that they expected to obtain it very soon, who in consequence were justified in preferring a residence in the neighbourhood of France to any other; and who, on the other hand, might be considered as giving no cause of inquietude to the French government. Nothing disagreeable or prejudicial having hitherto resulted to the French Government from these particular permissions, his electoral highness had thought proper, in consequence of the acquisitions of new territory which he made in December 1802, to suffer all foreigners in general and the French emigrants in particular, who were then in the country, to enjoy tacitly the residence which had been permitted them by the former Governments; but at the same time he was finally resolved to put an end to this connivance, conformable to the first article of the treaty of Lunéville, as soon as he should learn with certainty that the residence of any of these persons might become suspicious to the French government, and thereby dangerous to the tranquillity of the Empire. The French government have since required his serene electoral highness to arrest certain emigrants accused of being accomplices in a conspiracy against the Constitution of the state, and having, at the same time, suddenly sent a military detachment to seize these individuals, the case is arrived when his serene electoral highness must consider the French emigrants in his territory as dangerous to the tranquillity of the empire in general, and an object of suspicion to the French government; and he in consequence finds it necessary to renew, in all its latitude, the former ordinance, which forbids the French emigrants, to reside in his territory, by extending it to all his old and new possessions; and at the same time referring to it all the unlimited or limited permissions of residence which may have been granted to the French emigrants by the former or present governments in such a manner, that all those who cannot immediately certify, in due form, that they have obtained their release from the list of emigrants, and have made submission to the present government of France, shall immediately quit the country: or if they will not depart voluntarily shall be sent out of the electoral states within the space of 72 hours; and that with respect to those who think they are able to show a claim to a further residence, a list of them must be sent, accompanied with a copy of their pretensions, to his serene electoral highness, who will finally decide whether the permission of residence shall be continued to them, or whether they shall in like manner be sent away. All superior and under bailiffs, all presidents of communes, & all officers of Police, shall be reasonably answerable for the strict execution of this ordinance."
"Given in our electoral Privy Council."
LONDON, April 9.
On Sunday dispatches were received at Lord Hawkesbury's office, from the continent, which caused a great deal of bustle among the ministers yesterday, and several of the foreign ambassadors had conferences with them. We do not pretend to know the cause: but report states that among other accounts, a declaration of Bonaparte to the Court of St. Petersburg has been received, stating, that in case any Russian troops from the Baltic should land in Mecklenburg, Holstein, or any where else upon the German continent, the French troops would immediately occupy the Hanse towns; and if any Russian troops from the Black Sea, should attempt to land on the Italian continent French troops would occupy not only the city of Naples, but every sea-port in that kingdom.
Letters from Genoa of the 11th ult. state that the Toulon fleet was still in port.
At Munich and other places, some emigrants from France have been arrested, at the instance of the French Envoy, Citizen Otto. Among them is the late bishop of Chalons, who has resided at Munich several years. He is now upwards of 70; but at the establishment of the Concordat he omitted to send in his resignation.
FROM A LATE LONDON PAPER.
PICHEGRU.
When hostilities with the emperor were imminent, the want of generals in France was a matter of triumph to the aristocrats, and of despair to the patriotic party. The loss of
entrusted to the driveller Rochambeau, to La Fayette, a partisan in the petite guerre of America, and to the stupid Luckner; who, after 30 years service in the French army, knew not enough of the language to return thanks for a compliment paid him by the Jacobins. It was natural, however, to suppose, that when the qualifications of general were extended to the whole army, more would be found than when it was confined to a few individuals. And upon experiment it proved. In every campaign we have seen private soldiers and even private citizens giving proofs of the highest military talents; and have often been astonished at receiving the news of a splendid victory along with the first mention of the successful general's name. Of the generals, except perhaps Bonaparte, no one has gained greater renown than Pichegru.
Gen. Pichegru was born in 1761, at Arbois, in Franche-Comte. His parentage was mean, but he received a good education, under the tuition of the monks belonging to a convent in his native town. Having made great progress in the abstruse sciences, he was sent by the good friars to teach philosophy, and the mathematics, in a college belonging to their order at Brienne. This circumstance it was which gave rise to the ill-founded report of his having been a monk.
He afterwards enlisted in the artillery, and soon rose to the rank of sergeant, the highest to which a plebeian could aspire; but when the revolution came, and opened a road for untitled merit, he was promoted step by step to the command of an army. He had not been long in that eminent station, when in conjunction with Hoche, he marched to attempt the relief of Landau. Though it was in the midst of a severe winter, the attack on the Austrian position was renewed day by day, with doubtful success. On the fifth Pichegru was seen in the front of the line, in the midst of a tremendous fire, waving his hand and exclaiming, point de retraite aujourd'hui d'ab mes enfans! This day there was no retreat; and very shortly after Landau was relieved.
At the beginning of the ensuing campaign, he was appointed to oppose Cobourg in the north; and ordered by Robespierre's committee to conquer .—This impious command, which plainly implied that the guillotine would be the reward of ill-success, was accompanied by directions to press the Austrians in the centre, and to content himself with harassing them upon the flanks. Finding that the blood of his soldiers flowed to no purpose as long as he did so, he left Landreies to its fate, and boldly advanced into the enemy's country upon Cobourg's left. The victories of Meneron, Courtray, and Hoogledon, justified this movement. Jourdan who commanded the Sambre and Meuse army, under Pichegru's orders, being ultimately successful upon the right, prince Cobourg was obliged to fall back with his centre, and abandon his conquest in French Flanders, as well as the whole of the Austrian Netherlands. This campaign would have been still more decisive, if a plan devised by Pichegru and Carnot could have been put in execution. While a sufficient force was acting upon the front of the allies, and while fifty thousand men were guarding the passage of the Rhine to prevent their receiving reinforcements, the army of the Moselle was to have fallen upon their rear. This plan by placing Prince Cobourg between two fires, would have insured his total ruin, and have broken the sinews of the war at a single blow; but its execution was prevented by the necessity of incorporating the army of the Moselle with that of the north.
Having thus rid himself from the Austrians, Pichegru turned to Holland, and availing himself of a seasonable frost, which gave his troops a free passage across the rivers and canals, pushed the British and Dutch army before him, and entirely overran a country, unconquerable perhaps in any other circumstances.
In this long course of conquest, Pichegru made great innovations in the art of war. Contrary to the practice of other generals, he never laid siege to a fortified place that was not necessary to secure his position. Instead of filling the enemy's ditches with the dead bodies of his best troops, he very wily preferred driving their armies out of the field at much less expence of blood, and confident that the fortresses would afterwards fall of themselves.—Pichegru was also the inventor of that system of incessant attack which is so congenial to the temper of the French nation, and which so completely baffled all the deliberate plans of the coalesced.
Of this system the value was well understood by the King of Prussia, who, in a letter to the Emperor, expressed himself in the following words:—"The French Generals pursue incomparably plans of operations, which disconcert and defeat all our projects."
The official accounts that Pichegru gave of his victories, in which he seldom mentioned more than the result, formed a singular contrast with the rodomontade of the National commissioners, who never failed to call the enemy slaves and cowards; and to make thousands of them bite the dust , with the loss of some half-dozen republicans. A great part of Pichegru's modesty, is however supposed to have originated in a fear of exciting the jealousy of Robespierre and his associates. In spite of all this caution, a member of the mountain party reproached him at Brussels with the greatness of his reputation. Citizen Representative , answered the General, I perceive that aristocracy has only changed hands among us.
Pichegru's humanity is no less honorable to him than his noble achievements in the field. He constantly resisted the barbarous decree which forbade the giving of quarter to English or Hanoverians, as well as that which directed the execution of the Austrian garrisons of Valenciennes, Conde, Le Quesnoy, and Landrecies, if they did not surrender upon the first summons. This latter decree he meant to elude by not summoning them till they should be reduced to the last extremity; but he was overruled by the National Commissioners, to whom the brave Commandant of Le Quesnoy made answer that he knew of no right one nation had to order another to die upon itself. The mercy of the French Generals in sparing the lives of those devoted men, nearly cost them their own.—The Russian Robespierre denounced Pichegru, Moreau, and some others the very day before his fall, and would certainly have pursued them to the guillotine, if he had not been brought to it himself.
Holland being subdued, Pichegru took the command of the armies upon the Rhine; and made considerable progress in Germany in the following campaign; but at the end of it, the tide of war turned and drove him back upon the French frontier.—This was the end of his military career.—He was removed from his command, and offered the embassy to Sweden as a compensation. He thought proper however to refuse it, and retired to his native town in such narrow circumstances that he was obliged to sell his horses and camp equipage for his support.
From this poverty, neglect, and privacy, he was rescued by his fellow citizens, by whom he was elected a member of the Legislative Body in the present year 1797. When he took his seat, the Council of Five Hundred rose, as a mark of respect, and unanimously appointed him their first President.
position to the Executive Directory; and continued to abet all the plans that were brought forward to favour the return of the emigrants and Priests, till he was arrested as a principal conspirator in a supposed plot to produce a counter-revolution, and ordered by the Legislative Body to be transported without a trial!
Pichegru is stout, athletic, and well fitted by nature to encounter the fatigues of war. Upon a first acquaintance there is something agreeable about him; but this roughness wears off with a little intercourse. Though by no means of a phlegmatic disposition, he is always cool and deliberate in his conduct. The extent and versatility of his talents were fully shown by his taking the lead in the senate as well as in the field. In a word, though Pichegru may be a great traitor, it cannot be denied that he is a very great man.
* No retr at, my lads to-day.
West-India News.
NEW-YORK, May 24.
An indiscriminate massacre of all the white French inhabitants at Cape Francois took place on the 20th of April. In this dreadful carnage which continued for three successive days and nights, the murderers spared not "even the women and children!" An embargo was laid on the American vessels in the harbour previous to this work of death; and had not been taken off at the date of our correspondent's letter, which was last the 29th.
On the 4th inst. arrived at Charleston, the British ship Enterprise , and brig Garland , private armed vessels, in five days from Nassau. The Garland captured the day before her arrival, about twelve miles below Charleston bar, and carried into port with her, the French ship African (formerly the Herald sloop of war, in the navy of the United States) having on board 358 French troops from the Havanna. The French ship struck her flag without firing a gun, after receiving two shots from the brig.
Two days before the Enterprise and Garland left Nassau, a French armed brig of 16 guns and upwards of 200 men, ran ashore on Abako, and only 13 of the men were saved. She was last from Havanna.
Yesterday arrived and anchored off the Quarantine Ground, after a passage of 16 days from Guadalupe, the French ships of war Cybele , capt. Senez, and La Didon , capt. Brouard, of 44 guns each. We understand these vessels lately carried out troops from France to that place. At the time they left Guadalupe, neither it nor Martinique were blockaded by the English.
[Among the passengers arrived here a few days since from the Havanna, in the brigantine Joseph , capt. Pratt, is the brother of the unfortunate Fedon the elder, merchant, late of Cape-Francois, who fell a victim to the ferocity of General Rochambeau. Mr. Fedon, fearing that this melancholy event may be misrepresented by the malicious or uninformed, and produce impressions unfavorable to the memory of his brother, and prejudicial to his family, has requested us to publish the following Declaration, which he made before the French Agent at the Havanna, & which contains a correct statement of the circumstances which preceded and accompanied this fatal catastrophe.]
Translated for the Mercantile Advertiser.
Extract from the Register of Acts recorded by the special Agent of the French Government at the Havanna.
I, the undersigned Bartholomew Fedon, compelled to retire from the colony of St. Domingo, have considered it my duty to publish at the place of my debarkation, and within the first twenty-four hours, the motives which have forced me to abandon my property and my commercial concerns.
For a long time past the house of Fedon, Brothers, has been the object of unceasing and causeless persecution from the Commander in Chief; which persecution has been principally directed against John Baptiste Fedon, my brother, probably because he was the principal partner in the house, and had the chief direction of its affairs.
General Clausel had let us a store in the dwelling house he occupied, and of which he is the proprietor, for the purpose of storing flour: this flour was confiscated by order of General Rochambeau, although he had sufficient evidence of its being our property. 1. From our declaration made before the commissary of the police some time antecedent; and 2. from our books in which were duly posted the purchases and sales, a great part of it being disposed of.
In a short time subsequent, and in Vendemiaire last (September) six horses were taken out of our stables by order of General Rochambeau, three of them of great value, under the pretext of mounting the dragoons, although such horses cannot be employed in that service.
These circumstances, highly aggravating in themselves, were as nothing in comparison to what followed.
On the 2d Brumaire (October 25th) at 8 o'clock in the morning, an officer of the gendarmerie, accompanied by two soldiers, presented themselves at our dwelling house, and delivered an order from the general in chief, in the following terms:—
"Head Quarters of the Cape, 1st Brumaire, year 11 (22 October) 1803."
"The General-in-chief, considering the pressing necessities of the army, decrees, That the Citizens Fedon, Brothers, shall deposit in the public treasury, within two hours, the sum of Six Thousand Dollars: for which a receipt from the treasury shall be delivered to them. The commandant of the garrison is charged with the execution of the present order."
(Signed) ROCHAMBEAU."
Citizens Fedon were at that time wholly destitute of cash; yet they were prevented from going abroad to procure resources by the two soldiers who were left as guards over them: at one o'clock orders of imprisonment were issued against Citizen Fedon, and the younger brother was conducted to prison. The elder brother however, was the destined victim; and in consequence thereof, in a few minutes afterwards, the former was released, and the latter put into close confinement.
It should be remarked that similar demands were made on other merchants at the same time, and they were imprisoned because they could not comply; but Citizen Fedon the elder was the only one closely confined, excepting Citizen Allard, whose confinement was in consequence of improper language used towards the General in Chief.
On the forenoon of the following day (October 24th) I received information that the General in Chief had ordered my brother to be shot for not having furnished the sum required.
Although I was far from believing that this sanguinary order would be carried into execution, I endeavored to avert it: and, finding it impossible to raise the sum exacted, I wrote to the commune, offering all our property, moveables and merchandise, to be sold at public auction.
The General in Chief had constantly refused to receive me in his presence. The Council of
the respite of an hour; but during this suspension, a sergeant of the guard of Honour, who was the bearer of the order for my brother's execution, was directed to accompany the Notables, and to remain with them until the time limited had expired.
A subscription was immediately opened at the office of the Notables, and 20 of the first merchants of the city hastened to subscribe, and to hold themselves individually responsible in their persons and property for the payment of the sum demanded.
The subscription being filled, the notables in a body (accompanied by the sergeant who carried the death-warrant) returned to the house of the general in chief, but were refused admittance, and informed that Fedon was executed. They could not give credit to this shocking intelligence, and hastened to the commandant of the garrison, by whom it was confirmed.
The Notables were deceived; they imagined my brother was secure because the sergeant who attended them was the bearer of the order for his execution; but another order had been issued, he was dragged from his prison, conducted by a bayoneted column to the Place d'Armes, where his grave was already dug, and my unfortunate brother was shot at ten o'clock in the morning.
Several hours had elapsed, but I continued ignorant of his fate, until the judges and the commissary of the army came to execute the further orders of the General in Chief: the former by putting seals upon our house, and the latter to convey our merchandise to the stores of the state.
From this measure resulted the proof that it was impossible for us to have complied with the demand of the General, no money being in the house.
Thus died at the age of 22, a man who had committed no crime; who had broken no law; who could not even be reproached with having refused to comply with the arbitrary demand which had been made upon him; and who, in fact, could be charged with nothing but the impossibility of furnishing six thousand dollars in the space of two hours.
These facts would have been made known judicially on the spot, but the circumstances of the country prevented it. I therefore, now, enter this my protest against the unjust proceedings to which my unfortunate brother has fallen a victim, and against all the antecedent and subsequent proceedings relative thereto; reserving to myself to pursue a just vengeance whenever the author of them shall be in my power.
Done at the Havanna the 22d Brumaire, year 12, December 12, 1803.
(Signed) B. FEDON. Certified by LAUCHAMP, Special Agent of the French Government.
Accounts from Curacao, as late as the 6th ult. are received at New-York. They state the blockade of that island by a British 44 gun ship, and two or three smaller vessels: that an American brig bound there, was turned off two days before; and that the fleet from Jamaica was daily expected.—Beef 10 cts. Pork 14 to 18, Flour 12.
Domestic Intelligence.
NEW-YORK, May 25.
In the ship Shepherds , which arrived yesterday from Gibraltar, came passenger Mr. William H. Thorn, bearing dispatches for government. A very conciliatory letter from the Emperor of Morocco to the President of the United States, is said to constitute a part of them.
From Capt. O'Brien, from the Streights , arrived last evening, we have received the following particulars:
Major Barney, the American Consul for Sicily, had received dispatches from Mr. Livingston at Paris, enclosing a letter from the First Consul of France (written in his own hand), to the Commissary General at Tripoli, demanding the release of the American officers and seamen of the Philadelphia Frigate. The dispatches had been forwarded to Syracuse.
The following CASE, with the subjoined OPINION, which we extract from the Baltimore American , is an article of no inconsiderable importance to commercial men.
[N. Y. pap.]
MESSERS. PECHIN AND FRAILEY, The inclosed case and opinion are handed to you for publication;—that the latter is conformable to the laws of England, during war , will be doubted by those who will bear in mind, that it is the opinion of one who is considered as authority in all cases of insurance within the United States, and who is a very celebrated writer upon the subject.
The importance of this case will perhaps induce the different printers in the United States to republish it, for the information of those who are accustomed to have insurances made in England.
A MERCHANT. Baltimore, May 19, 1804.
C A S E.
The American ship —, captain —, who was captured in 1800, by two French privateers, on a voyage from a port in the United States to London, and taken into Dieppe, where both ship and cargo were condemned.
The Captain appealed from the sentence, and got the case admitted into the Court of Cassation, when the captors compromised the matter by giving up the ship to the Captain for the American owners, and paying a certain sum in full for the cargo, which they had previously sold.
While at Dieppe the Captain was offered a voyage with passengers from thence to St. Thomas, and on arrival there, was to go to St. Domingo, if the captain and passengers could agree on terms; and if not, the voyage was to end at St. Thomas; instead of money and in lieu of freight for the voyage the Captain took in payment for account of his owners, various articles of merchandise, such as candles, soap, cambrics, cheeche, preferves, &c. which he knew would sell in the West-Indies, and with his passengers and his cargo as payment of their passage, he failed in the ship from Dieppe towards St. Thomas. The captain had also an adventure on board on his own account. Before failing the captain wrote to the correspondents in London, of his owners directing them to order insurance for account of the owners 1000 pounds on ship, 2000 pounds on goods, and 1000 pounds on his, the captain's own adventure.
A policy was accordingly made by the agents in London, and from Dieppe to the Cape in the island of St. Domingo, with liberty to stop at St. Thomas, on the ship —, Captain —, at 25 guineas per cent, and the policy was declared to be on ship 1000 pounds, on goods 2000 pounds, as interest may appear. The policy was then underwritten, and it does not contain any avarrancy  cohabitant .
Within a few hours fall of St. Thomas, the ship was captured by a British frigate, and carried into Tortola, and after the usual proceedings in the vice-admiralty court, the judge decreed the ship and the captain's adventure to be restored to the owners and captain, but condemned the cargo which belonged to the owners, and the sentence was as follows: "And in regard to the residue of the cargo, the judge declared he felt himself in his own judgment well warranted to consider it the property of the shipper, and to condemn the same to his

"nemys property." Both the captors and claimants appealed against the sentence but on account of the finalness of the object in dispute, the length of time before the appeals could be determined, the expense of two appeals, the captain not being able to give bail in the West-Indies, and the little that a cargo of such a perishable nature would have sold for, under such circumstances, which would have occasioned a total loss: it was agreed between the captors and the captain as claimant to withdraw both appeals and to submit to the sentence, and in consequence thereof the same were by an order of the court of Tortola withdrawn, and the original sentence ordered to be valid and effectual, whereby that part of the cargo which was the property of the owners, and decreed to the captors, has been lost.
The goods were bona fide the property of American subjects residing at —, in the United States, and there is no warranty whatever in the policy.
Your opinion is desired whether the assured can under the circumstances recover the loss on the policy, and if not whether the assured are entitled to a return premium?
OPINION.
The condemnation proceeds expressly upon the ground of enemy's property , which is conclusive proof of the fact, and independently of any warranty. The Insurance of Property adjudged to belong to an enemy (whatever the truth may be) is illegal. I am therefore of opinion, that the assured cannot recover, and I am equally of opinion that they are not entitled to a return premium.
(Signed) I. A. PARK.
Feb. 23, 1804.
FRANKFORT, (K.) March 3.
The Schooner Jane , the property of Mr. John Mullangy, was launched this morning with great ease. She is a handsome vessel, apparently well calculated for sailing, and adapted to the West-India trade—burthen between 80 and 90 tons.
The appearance of two Schooners anchored before this town, which only a few years ago was the hunting camp of uncivilized man, is truly a novel one: and must convey to the patriotic heart, very pleasurable emotions indeed. If so much has been accomplished in a few years, under such embarrassing and discouraging difficulties, what mind can conceive the extent to which commerce may be carried on the tributary streams of the Ohio, in the course of ten or twelve years, by the assistance of enterprising men, who possess capital and public spirit, to enable them to prosecute so laudable a pursuit.
And although the western waters afford numerous situations, where the business of ship-building may be carried on to advantage, few exceed Frankfort for vessels suited to the West-India trade. The practicability of descending the river from this place with ease and safety, having been well ascertained it possesses advantages which cannot fail to recommend it to the enterprising merchant. Situated in the heart of the fertile state of Kentucky, where produce for exportation may be collected in large quantities; tar and pine timber for masts, spars and decking, can be brought down the river, on the heads of which we are informed there is a plenty to be had.—Cordage is manufactured in the vicinity of the town; and mills for the manufacture of flour, are numerous within three or four miles of it.
HALIFAX, (N. S.) May 1.
The following is an extract from a CIRCULAR LETTER addressed to several commanding officers of corps of militia, throughout the Province:
Halifax, 23rd April, 1804.
Sir, I am commanded by his excellency the Lieutenant Governor, to direct that you communicate to the battalion, under your command, his Excellency's order, that it should be in the most perfect state of possible readiness, should its services be required.
As the season is now opening, and the enemy have an immense disposable force, which has not yet been employed in the threatened attack on the mother country, it is not impossible that an order to make a diversion in favour of that attack, or despatching of its success, they may make an attempt on some of the British colonies: his Excellency deems it, therefore, prudent to warn the militia to be prepared for any emergency.
(Signed) J. BECKWITH, Ad. Gen. of Militia.
CAROLINE SPRINGS.
THE subscriber intends to open a TAVERN at the Caroline Springs, on the first day of June next; and hopes, from the pleasant and healthy situation, exclusive of the medicinal qualities of the waters, that it will be a place of general resort.
The Springs are situated about 56 miles from Richmond, 18 from Port-Royal, 12 from the Bowling-Green, and 11 from Fredericksburg.—The roads leading to them are remarkably good.—they are surrounded by an agreeable and respectable neighbourhood.—There are out-houses for the accommodation of those who wish to live separate from the Tavern.
The subscriber flatters herself, that these inducements will not only operate on invalids, who, in the sickly season, attend the Springs for the sake of having their health restored, but will also be felt by those whose only object is the enjoyment of company, as it may be safely said the society will be equal to any in the country. No exertion will be wanting to make every thing perfectly agreeable.
ANN GATEWOOD.
Fredericksburg, May 19. 1804.
By virtue of a Deed of Trust executed to us by Mr. John Woodson of Hanover County, to secure the payment of a debt due from him to Charles Terrell, Executor of Rev. William Douglass dec. will be exposed to SALE at Hanover Court House on the fourth Wednesday in June next, it being Hanover Court day, the
TRACT OF LAND, WHEREON the said Woodson now resides, adjoining the lands of Nathaniel W. Danbridge and others, or so much thereof as will be sufficient to satisfy the balance of the said debt due, and the costs attending this trust, by DAVID BULLOCK, } Trustee, FREDK. HARRIS. } (1)
May 9, 1804.
THE SUBSCRIBERS,
(Living on Shockoe-Hill, near Mr. Daniel L. Hylton and Mr. Benj. Molby)
RESPECTFULLY inform the citizens of Richmond and its vicinity, that they have lately commenced the
CARPENTER & JOINER'S BUSINESS; and are now ready to undertake any business in their line.—They trust, from their particular attention, and faithful performance of every thing they undertake, to merit public patronage.
WILLIAM K. LEE, JOHN S. LEE.
May 23, '04.
Miscellaneous.
FOR THE ENQUIRER.
ODE TO THE SWEET SCENTED VINE.*
Solace of melancholy hours, And therefore dear to me; I leave the cultivated bowers, And fly, sweet vine, to thee.— Thou grow'st not on the gay parterre, With vulgar charms to vie; The vanity which sparkles there, Thou scorn'st—and so do I. But climb'st around the cliff, On tallest mountains rude— Where the Bald Eagle, strong and swift, Sustains her annual brood. There climbing too, thy sweets among, I taste them unalloy'd: Which but for me had ne'er been sung, Had never been enjoy'd. H—
* This Vine bears no fruit, but in the month of June sends forth a most delicious fragrance.
Ticket No. 13,978 in the Lottery No. 2, for the encouragement of Literature, now drawing in this city, came up Thursday, a prize of TWENTY FIVE THOUSAND DOLLARS. We understand it was sold in this city by John Reid; but who the fortunate holder is, we have not heard. [N. Y. Morn. Chron.]
THEATRICAL PHENOMENON.—We some time since noticed the appearance at Belfast, of a young performer only eleven years old, who performed several arduous characters, in a style of excellence that excited the utmost astonishment. The following further mention of him, is from a Londonderry paper of April 10.
Last night the celebrated Young Roscius made his first appearance in our Theatre, in the character of Young Norval . From the wonderful accounts received of this astonishing Phenomenon, a very brilliant audience assembled, and from the judgment displayed in his acting, which brought forth repeated bursts of applause, we are convinced the young hero merited all that had been said of him. His modest, yet animated, account of himself, was delivered in a masterly style. The lines, "Now, if I live," &c. were spoken with superior excellence, and far beyond all we ever heard.—When Lady Randolph tells him his father's name, his eager exulting manner of saying "Lord Douglas whom to-day I saw" was great indeed. The whole of the scenes with his Mother had a very sensible effect on the audience. We may justly say, we never saw the character of Douglas better performed.
He will appear on Wednesday next in the play of "Pizarro," in which he will personate the Peruvian Hero. (ibid.)
The Ostrich at present exhibiting at No. 38, William-street, is an object well worth the attention of the public. The majestic form of this noble animal, strikes the spectator with respect, and inspires him with pleasure. The size and especially the height of the bird, the length and thickness of its legs, and his slender, and towering neck, are all calculated to command admiration. Though not yet arrived at maturity, the height of his head from the ground, in the usual standing posture, is not less than six feet, and when stretched at full length from the tip of the beak to the end of the toes, he does not measure less than nine. The Ostrich is among the largest of the feathered creation. With the exception of the Ocydus , a South-American bird, there is no species that surpasses it in size. Although the Ostrich cannot boast the brilliant plumage which decorates some other birds, yet its feathers have ever been prized as superior to all others for elegance and luxurious richness. The lovers of Natural History will doubtless embrace the present opportunity of gratifying their taste—the ladies will satisfy their curiosity in going to see the bird which furnishes them with the gay plumes that ornament their persons—and the public in general will visit the cabinet to obtain a sight of the far-famed Ostrich. (Mer. Adv.)
ATROCIOUS MURDERERS.
On the 6th of March, a gentleman was accosted in the street of St. Martin's, at Paris, by a beautiful little girl, about six years of age. She was covered with rags, and told him her mother was dying for want, in the fifth floor of a house in the same street, and that for herself, she had not a morsel for forty-eight hours. Touched with compassion, the gentleman said he would follow her home, and if he found her story true, relieve her and her mother. On entering the room, he saw a woman lying on a bed of some straw, in a state of a mattress. Her looks and voice seemed to confirm the story of the child. In taking his purse from his pocket, it fell down by accident on the floor; stooping to take it up, he saw clearly a man under the bed. Alarmed, but without losing his presence of mind, he said "Good woman here are four crowns, I have no more about me, but let your child accompany me home. I will give her twenty more." Instead of returning to his lodgings, he took the child to a Police Commissary, where, after some examination, she acknowledged that the person under the bed was her father, and that within the last fortnight, during which they had lodged in the street St. Martin's, six persons had been stabbed by him, plundered, and stripped; that two corpses had been carried out by him after dark, some nights before & thrown into the river; but that four corpses yet remained in the closet behind the bed. The Police Commissary, with the gentleman, and some Gens d'Armes , went immediately to the house, but they found nothing but the four corpses in the closet. The man and woman were gone, and have not since been heard of. In consequence of the discovery made by the child, six former lodgings of this cruel couple have been traced, where according to her report and several other circumstances within the knowledge of the Police, during the last winter, no less than 22 persons of both sexes, are supposed to have been murdered by them. It was the custom for the woman, as from gratitude, to take hold of her benefactors hands, and draw them to her lips as she lay in bed, when the man stole behind and stabbed them through their backs. Madame Mu-rat has taken the child under her protection, and pays for her education.
DESPERATE SUICIDES AT PARIS.
On the 20th of last February, the day after Pi-chegru had been apprehended, between one and two in the afternoon, a hackney-coach stopped upon the Pont Royal, opposite the Castle of Tuileries, at Paris. A lady and two gentlemen left it, and in one instant jumped over the low stone parapet of the bridge into the Seine; notwithstanding several boats went off in search of them they were found dead, and carried on shore. Nothing was discovered upon their persons to identify them, or to ascertain the cause of this rash act; but in the hackney coach was left a paper upon which was written, with a pencil—"The Tyrant, was about soon be revenged." It is not said to whom this threat was addressed. The coachman took them up in the Rue de la Loi, and they are supposed to be either persons implicated in the conspiracy, or some of those who had concealed Pichegru, and who, of course, would suffer death.
STEREOTYPE.
C. F. Reinhard of Strasburg, has obtained a patent for a new method of printing musical notes with solid plates. These Stereotypes are said to differ from Didot's, who sets up moveable
quires no intermediate matrix, but sets up with moveable matrices; a process simple, certain and inexpensive. Mr. Reinhard by printing with two colours, has succeeded in imitating written music with more effect than by engraved plates.
A mutilated statue, supposed to represent William the Conqueror, was lately dug at Neufville l'Eveque, an ancient Norman Château, which belonged to that prince. The fragments of this rubbish have been transmitted to the Museum Napoleon , and the discovery is exhibited to the wondering Parisians, as undoubted presages of Bonaparte's success against England!
The Archbishop of Autun lately published a pastoral letter to the Clergy of his Diocese, recommending them to employ their spiritual influence over the young persons of their respective parishes who are subject to the law of conscription that they may become more attached to the duties of their station, and no longer avoid, by flight or desertion, the offices which their country requires of them. "The authority (says the enthusiastic Prelate) which governs our country, is the authority of God himself." The First Consul may, we think, be perfectly satisfied with the alliance which has taken place in France, between Church and State.
ENQUIRER.
RICHMOND: SATURDAY, JUNE 2, 1804.
The present number of the Enquirer contains the last of the report which the Editor intends to give of the GLEBE CASE. A complete view of the subject would necessarily have embraced a statement of Mr. Randolph's speech, and of the opinion of the Judges. To any report of the last he is willing to admit, that his powers were completely incompetent. He would have found it difficult to have recorded upon his paper, sufficient matter to make out that series of reasoning, of which the Judges compose their opinions: and impossible to have taken down with his pen, those numerous references to authorities and law, with which his opinions abounded. The principal reason, however, which prevented him from noticing their decision was, that a complete account of them will certainly (and perhaps soon) be given to the public. If he had even entertained the same hope that the arguments of council would have been published; if he had even expected that their pleadings would not have been consigned to oblivion or that they would have experienced the good fortune of meeting with a more competent reporter, he would never have ventured on the difficult task of giving an imperfect abstract even of their discussion. To the public, however, some more satisfactory apology may be due, for his not attempting to report the speech of Mr. Randolph. It was not because this speech was more deficient in facts, or less conclusive in its reasoning, than the others which preceded it. It was because Mr. Randolph had introduced more various and numerous authorities; it was because he had taken in a much wider range of argument & fact; it was because his topics were more miscellaneous; his language more elevated and metaphorical, that as he found it to be impossible to render complete or even equal justice to his elaborate investigation. From the notes on his speech which he has before him, extensive and various as they are, the Editor unlearned in the love of the law, has found it impossible to extract an orderly and progressive argument. He regrets the disappointment which the public is likely to experience. But he believes it to be an obligation of strict justice to Mr. Randolph, to make no abortive attempts to gratify the public curiosity.
Thomas Logwood, was yesterday brought before the Federal Court, to receive sentence for counterfeiting the bank notes of the United States. Instead of introducing into one indictment, the various charges against him for counterfeiting 20, 50, and 100 Dollar-notes, and for forging gold money, they were branched out into five different indictments; so that if the form of the first indictments had been contrary to the rules of law, those which should succeed it, might not contain the objectionable clauses. The court waits for the arrival of Mr. Simpson, Cashier of the Bank of the U. States from Philadelphia, to put him on his trial on the fourth indictment. On the four others he has been tried and convicted by a jury. The second indictment was dismissed from some want of formality. The Court therefore intended to give sentence on the first, third and fifth only.
Judge Marshall after having made his remarks on the formality of the Indictments, proceeded to pronounce the sentence. He observed, that the punishment was left by the law to the discretion of the court; but that it could not exceed 10 years imprisonment, and a fine of 5000 dollars. that the present case, seemed as atrocious, as any case could possibly be, and that it therefore merited the very highest punishment which the law had permitted the court to inflict: that he was not one of those, who thought that a separate punishment could be inflicted for every separate charge; because according to this principle, the punishment might be so multiplied on the head of a criminal, as to exceed the very greatest limit which the letter of the law had assigned; and because from the very nature of the crime he did not believe the legislature had ever intended that this limit should be exceeded, as they would readily have considered that any one who would have undertaken to counterfeit one note, would have extended their ingenuity to notes of a different value: that the court would therefore sentence the criminal to the highest term of imprisonment which the law mentioned without pretending to multiply those terms for each separate charge: that as to the fine of 5000 dollars, which would fall most heavily, not upon the criminal, but upon his family, & which might perhaps absorb those resources which ought to reimburse his defrauded creditors, the Court was not so anxious to approach the reatest possible limit: they should condemn him to pay a fine of only 500 dollars. The Court therefore decided, that Thomas Logwood should be imprisoned 9 years and 8 months, on the first indictment, and fined 400 dollars.—On the third indictment, he should be imprisoned 2 months, and fined 5 dollars; And, on the fifth, 2 months longer and 5 dollars more.—it is presumed that the executive council will grant him a lodging in the State Penitentiary.
No later arrival, since the Augusta at Baltimore, (London dates to April 12)
MARRIED
On the 31st ult. COXELTUS VANHOUTEN Merchant of the City of New York, to the virtuous and accomplished Miss SUSANNA DAVIS, eldest daughter of Micajah Davis, Merchant in this City.
DIED
On Wednesday evening last, Mr. JACOB BOCKIUS, a very respectable inhabitant of this city.
Baron de Hombolt arrived at Philadelphia on Wednesday last, in the ship Conception from Havana. This distinguished Prussian philosopher, with his companion Mr. Bonpland, having passed the last eight years in the Spanish
on his way to Europe for the purpose of publishing his discoveries in that part of the world hitherto so little known. These gentlemen, it is said, have discovered, during their researches, more than three thousand species of plants not before described. [U. S. Gaz.]
A letter from an officer on board the Confedera- tion, after mentioning the destruction of the Philadelphia, says, "Every officer strove to be employed in the expedition; but most of them were, of course, refused, but with assurances, however, that they should all have opportunities enough of displaying their courage in the course of the summer."
Lt. Decatur, and Midshipman Morris, were the first persons who boarded the Philadelphia. The united voices of the other officers and seamen employed highly extol their conduct on the occasion. The latter has been promoted. It is said the frigate had been completely refitted, was moored under the guns of the castle, and had between 2 and 300 men on board.
The Confederation , was preparing for a cruise of six months off Tripoli; and the commodore intended to bombard the place, unless a favorable peace should be agreed to.
[Philadelphia Gaz.]
The following frigates have sailed from the Eastern Branch:
The President, The Congress, The Essex, The John Adams.
In a few days the frigate Constellation will follow.
They will rendezvous at Hampton-roads, and will sail thence in squadron.
On their arrival in the Mediterranean our force will be:
The President of 44 guns, Commodore S. Barron.
Constitution 44—capt. Preble. Congress 36—capt. Rodgers. Constellation 36—capt. Campbell. Essex 32—capt. J. Barron. John Adams armed en flute—captain Chauncy.
Argus } Sloops of War. Siren } Enterprize } Nautilus } Vixen }
[National Intelligencer.]
By Yesterday's Mail,
PARIS, April 3.
FOREIGN RELATIONS.
Circular Letters addressed to all the Members of the Diplomatic Body.
PARIS, March 25.
SIR,—The First Consul has ordered me to transmit to your Excellency a Copy of the Report presented to him by the Grand Judge, on an intended conspiracy formed in France by Mr. Drake the Envoy of his Britannic Majesty at the Court of Munich, and which, by its object and date, was connected with the infamous plot on which the tribunals are now sitting in judgment.
A printed copy of the letters and authentic papers of Mr. Drake is annexed to the report. The originals will be immediately sent by order of the First Consul to his Serene Highness the Elector of Bavaria.
Such a profanation of the most honourable function that can be conferred on men, is without precedent in the history of civilized nations. It will astonish and grieve Europe like the scandal of an unheard crime, which the worthless Governments have never dared to meditate. The First Consul is too well acquainted with the sentiments and qualities, which distinguish the diplomatic body accredited to him, not to be convinced that he will see with profound sorrow, the profanation of the sacred character of Ambassador converted into a Minister of plots, villainy and corruption. Accept, &c.
(Signed) TALLEYRAND. Minister of Foreign Relations.
[The following answer to the above, was addressed to M. Talleyrand, by Mr. Livingston, Minister Plenipotentiary from the United States.]
PARIS, March 26.
SIR,—I have received the note which you did me the honour to address to me, with a copy of the report of the Grand Judge, relative to papers which prove that Mr. Drake, the British minister at Munich, has held a culpable correspondence with traitors, for objects which all civilized nations must regard with horror—and that horror must be redoubled, when we see that it is a minister that thus prostitutes his sacred character.—When a subaltern agent commits a base or atrocious act, it may be supposed that he is influenced by personal interest, but the actions of a minister are generally attributed to the government he represents; and even when he acts against his orders (which I hope is the case in this instance) his conduct is so much identified with his government, that such acts tend to overturn social order, and to bring back nations to barbarism. I beg your Excellency to offer to the First Consul, in the name of my government, the most sincere declarations for having happily escaped the attempts of his enemies, directed not only against his life, but against an object more dear to his heart, the happiness of the nation of which he is the chief—a happiness which is the result of his noble labours in the field of honor, and in the cabinet, and which is not yet sufficiently established, not to be deeply shaken by his loss. (Signed) LIVINGSTON.
PARIS, April 3.—Real Admiral Verheul, Commander of the Batavian flotilla, reports, that in the night of the 23rd ult. the Schieck, Batavian gun gallop, commanded by Lieut. Olyve, and lying at anchor near Colyplaat, was attacked by seven English pinnaces, carrying 200 men, & armed with twelve pound carronades. Lieutenant Olyve, after two hours firing, having been wounded with a musket ball, the English pinnaces succeeded in carrying the gallop; and with a barbarity unexampled among civilized nations, threw overboard Lieut. Olyve, who from his wound was incapable of defending himself. At break of day the Batavian sloop Shock , commanded by Lieut. Velberry, perceiving the enemy carrying off the gallop, boarded and took possession of her. Two of the English pinnaces were sunk during the action, and the rest had seventeen men killed and a great number wounded.
Capt. Hamburg, of the Packet, left Amsterdam on the 16th of April, at which time, he informs, it was currently reported, that Moreau had been acquitted and released.
TO HIRE, FOR THE REMAINDER OF THE PRESENT YEAR, A NEGRO FELLOW,
WHO has been accustomed for several years, to attend Brick-Layers, and who has some knowledge of the business.—Enquire of the Printers.
NOTICE is hereby given, that it has been deemed expedient to change the form of the Mediterranean passport issued to vessels of the United States; that from the 8th day of July next, those of the new form will be issued at the custom houses to every vessel, for which application may be made on a compliance with the terms prescribed by law and surrendering the former passport of which they may be possessed, if any, in which latter case no fees will be required for the exchange: and that by an arrangement agreed upon by the Barbary powers with whom we are at peace, either the old or the new form of passport will be sufficient to protect the vessels of the United States, from capture until the 1st of July 1805, after which the old form of passport will be unavailable and the new one alone in use.
Department of State,
23rd of May, 1804.
The printers of the laws of the United States are requested to insert the above in their Gazette twice a week for the space of six months, and the Collectors of the customs to keep copies of it posted up in their offices.
June, 2.
PROPOSALS
BY JOHN DIXON,
For Printing by Subscription, a Periodical Work,
TO BE ENTITLED THE
VIRGINIA MAGAZINE,
OR
MONTHLY MISCELLANY.
CONDITIONS.
I. The work to contain 68 pages (Octavo) monthly, of selected miscellaneous prose, and of original prose also, whenever the exertions of the Editor, and his Assistant, and the communications of correspondents can supply it. Of improvements and experiments in Agriculture, with which the Editor hopes to be furnished by the Farmers &c. of this and other States, or to select himself. Of Debates in Congress. Of Foreign and Domestic Intelligence. Of Selected Poetry, and Original too, whenever good can be procured and not otherwise. Of Marriages and Deaths. Of Prices Current. II. The work to be printed on good paper and with a neat type. III. The price to Subscribers, to be four Dollars per annum, one half to be paid on the delivery of the first number, and the balance at the expiration of six months after. IV. The work to be put to press as soon as 300 subscribers are obtained.
PROSPECTUS.
The utility and rational amusement derivable from well conducted Magazines, probably will not be controverted. They afford an asylum for many fugitive essays, that might otherwise, meet with a more rigorous fate than they merit. The brevity of their articles and their longer duration of existence than that of some other periodical publications, hold out an inducement to that indolence, too frequently the attendant of Genius, and to those pressed by the cares of business, to devote an hour or two to their own entertainment. For they contain something to suit the palate of every one, and may be particularly pleasing and instructive, to those who have not the inclination or the leisure to peruse more prolix writings. There are few countries, where a love of reading prevails, and science is regarded, in which magazines are not numerous and well received. And yet the subscriber thinks he is correct in saying that not one is published in the respectable state of Virginia. He designs to publish one, principally of a literary complexion, provided he obtains adequate support, in which case he flatters himself, that his exertions will prove fully satisfactory to his patrons. For any reluctance to subscribe, arising from a non-compliance of any person who may have issued proposals, similar to the foregoing, the subscriber has it only in his power to say, that he pledges his honor to comply with his engagement if supported by the public.
THE Court of Hustings of the City of Richmond have established the following rules concerning applicants for licenses to manufacture Tobacco within the said City; viz.
"All Applications to the said Court for Licenses to manufacture Tobacco, must be made one Month at least, previous to the Time of granting thereof, and the Name or Names of the Applicant or Applicants entered on the Records of the said Court, and inserted in all the Newspapers published in the City of Richmond."
IN PURSUANCE WHEREOF, PUBLIC NOTICE is hereby given, That from the Records of the said Hustings Court, it appears that GEORGE TATE means to apply to the next succeeding Court for a License to manufacture Tobacco within this City.
(By Order of Court) ANDW STEVENSON, D. C.
May 23. 320 (5)
The following Six Hogsheads of TOBACCO,
now lying in Dymers's Ware House, will be sold according to Law:
1800, January 10th—Judith Kelly, marked I. K. No. 5, Gross 1111, Tare 114, Nett 997. 1801, January 9th, do. do. No. 10, Gross 1160, Tare 113, Nett 1077.—January 23, William Diggs, marked W. D. No. 17, Gross 1165, Tare 120, Nett 1045.—Do. John Brent, marked I. B. No. 21, Gross 1033, Tare 137, Nett 896.—January 30, George Brent, marked G. B. No. 25, Gross 1179, Tare 136, Nett, 1033. March 13, Spencer George, marked S. G. No. 43, Gross 1052, Tare 106, Nett 946. THOMAS HURST, } Inspectors. WM. MEREDITH, }
May 19.—lawsm
Richmond County, June 1803.
John Campbell, comp't. AGAINST William Morgan and Peter Northern def'ts.
THE defendant Morgan 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 state; on motion of the complainant, by his counsel, it is ordered that the said defendant do appear here on the first day of the next term, and answer the bills of the complainant, and that a copy of this order be published in some newspaper printed in the city of Richmond, for two months successively, and a copy also posted at the front door of the courthouse; and it is further ordered that the defendant Northern, do not pay, convey away or secrete, the debts and effects, in his hands, due and belonging to the said Morgan, until the further order of the court, in the premises. A copy. Teste, D. MCARTY. R. C.

GLEBE CASE.
Vestry and Church-Wardens of the parish of Manchester, in the county of Chesterfield.
vs. Overseers of the Poor of the said County.
MR. HAY (Council for the Appellee) observed that the parish of Manchester being vacant, the Glebe land held by the late incumbent must be sold in conformity to the act of January 12, 1802; unless the Court should be satisfied that the legislature had no right to pass this law, on account of some prohibition which had been imposed upon them by the state constitution, or that of the United States.
1st. That the Glebe in question had been vested in the Protestant Episcopal Church by the act of 1748, and that it had continued to be so vested until the year 1801.
2nd. That the act of 1802 is incompatible with that clause of the constitution of the United States, which declares that no state shall pass any Ex-post-facto law; and also with that clause of our own constitution, which distributes the different functions of government into the Legislative, Executive and Judiciary departments.
Mr. Hay proposed to examine, and hoped he should be able to refute, each of those positions.
1. He began by laying down as his 1st proposition, that the title of the Glebe lands not only was not, but could not be in the Church generally by virtue of the act of 1748. The reason by which he supported this proposition was, that the Church, established by law in Virginia before the revolution, was not a corporation capable of taking by purchase, either legal or equitable rights.
The word Church is here employed in a figurative sense; its plain meaning is, a place or house consecrated by Christians to religious duties. It is, however, commonly used as synonymous to religion; and by the established Church of a country, we mean the established religion of the country; that religion which the government sanctions. In different countries, the established religion has obtained very different degrees and kinds of political favour.
Now, it is obvious that the first of these privileges does not erect the favored sect into a corporate body, altho' it might establish their religion upon the ruin of all other persuasions.
It is equally obvious, that the last privilege cannot have this effect, in whatever way we may suppose its ministers to have been remunerated; whether by a grant of land attached to their office, or by annual salaries, or by both.
It is admitted, that the persons holding the lands for the benefit of the minister might have been a Corporation (or it might not.) It is also true, that the persons vested with the power of raising the salaries, might have been induced with all the attributes of a Corporation.
That the church of England or its adherents did not constitute a corporate body, will further appear by a reference to the mode of creating corporate bodies. These are either by an express charter, or by a prescription which supposes a grant.
That the church of England, or the Protestant Episcopal church of Virginia, does not possess the privileges of a corporation will also appear from a consideration of the various incidents of a corporation.
Since then from the definition of an established church, the Protestant church in this country was not necessarily a corporate body; since the very bill of the appellants goes to prove, that all its rights were destroyed with the establishment of a corporation, nor from the incidents which are attached to one, can the Protestant Episcopal Church be considered as a corporate body;
since the very petition of the clergy themselves, and the incorporating act of '84, admit that it had not before possessed that character; we must conclude, that the church itself was not a corporation, although the establishment itself might have comprehended other corporate bodies, which had been instituted for the purpose of supporting the system.
This was the second proposition, which he intended to support. It does not appear from the statement in the bill, from the answer, or any historical document, that the present appellants ever had a legal title to the land in question.
Since the Church itself then had no right and could have none, and since the vestry had no right, the question recurs upon us. In whom were the Glebes really vested? The answer to this question has been already given.
This conclusion (Mr. H. said) brought him to the third proposition, which he should attempt to establish: that by the revolution and separation of this government from that of Great Britain, these corporations sole in whom the freeholds in the Glebes were vested, became liable to be gradually extinct, & actually were extinguished as the incumbents died.
Mr. Hay observed, that he might even pursue this argument further: he might lay down a 4th proposition which it would not be difficult to establish; that the 4th sec. of the Bill of Rights did entirely abolish all the rights, which even the Parsons themselves might have had, to the Glebes they occupied.
From this principle it follows, that all the acts passed since the revolution cannot be supposed to confer any absolute property upon the church, or to make it over for its use.
Since then from the definition of an established church, the Protestant church in this country was not necessarily a corporate body; since the very bill of the appellants goes to prove, that all its rights were destroyed with the establishment of a corporation, nor from the incidents which are attached to one, can the Protestant Episcopal Church be considered as a corporate body;
shall, as a corporate body, hold the Glebes already purchased; the act of 1788, which, in repealing the act of 1784, saves to all religious societies the property to them belonging;
Mr. Hay then observed, that he had attempted to prove that the Church had no rights; that the Vestries had none; that the corporations sole in whom rights were vested necessarily terminated with the lives of the incumbents of 1776, after which event, and not before, the law of 1802 operates;
What then is to become of this property? is the question, which we may now be permitted to investigate. In answer to this question, Mr. Call has advanced his opinion, that the property reverted to the donors, and that the Commonwealth has no right in it.
But, says Mr. Call, this property reverts to the donors. There was (said Mr. H.) no difference of opinion between them on this point.
The law must consequently relate to those Glebes only, which were purchased at the expense of the taxable proprietors of the several parishes, by virtue of the law of 1748, which authorized the vestry to levy a tax.
But admitting the parishioners to have been the donors; admitting upon this supposition that the property reverted to their descendants upon the dissolution of the corporations; would it not be utterly impossible to ascertain, who they are, or in what proportion they should claim?
Mr. Call seems however to suppose that the property reverted to the donor, who made the deed. Certainly (said Mr. H.) equity would require, that it should revert to the person who paid the money.
But even if Mr. Call's argument be correct; if the property does really revert to the donor and not to the state, how will this conclusion avail his pretensions?
Mr. Hay concluded that it was immaterial then whether the land reverts to the state or the parishioners. The legislature has done what it ought to have done. They have disposed of rights, which could not have belonged to the church itself, or to the vestries.
2d. Mr. Hay proceeded next to the examination of those constitutional restrictions, which the opposite council had contended were imposed upon the legislature. They had contended, that Art. 1. sect. 10. of the Federal Constitution, which among other things prohibits any state from passing any ex-post-facto law; & that the 5th section of our Bill of Rights, which declares that the legislative and executive powers of the state should be separate and distinct from the judiciary;
these in the Federal Constitution, was, that no state should pass any law, declaring an act already committed criminal; that is, he limited the application of this clause to the passing of penal laws.
But even admitting that this phrase was not intended to be confined to a criminal action. Admitting that it was intended to apply to all cases whatsoever; that it is synonymous with the word retrospective; this clause of the constitution even under this construction of it, would not apply to the present question.
2nd. But it is contended that this is a judicial question, which the legislature have undertaken to decide in defiance of the 5th sect. of the bill of rights.
But the legislature supposed there was not a question; much less a judicial question. They took it for granted, that after the death of the incumbents the Church had no rights, and therefore they proceeded to dispose of the property.
And that therefore the legislature had certainly the right of disposing of this property, on the death of the incumbents.
FOR SALE, A tract of Land,
IN Powhatan county, on Appomattox River, where it is navigable, known by the name of M c Caul's Quarter, containing 320 acres;
CASH WANTED.
FOR about six tons of BAR IRON. The price will be made an inducement to purchase.
Printing, IN ALL ITS VARIETY, EXECUTED AT THE OFFICE OF THE ENQUIRER, WITH NEATNESS, ELEGANCE, AND THE GREATEST DISPATCH.
THE following correct list of the persons who compose the Republican Ticket of Electors of President and Vice President of the United States, is published.
PHILIP N. NICHOLAS, Chairman. JOHN H. FOUSHEE, Sec'y. Richmond, May 25, 1804.
REPUBLICAN TICKET. Richard E. Lee, of Norfolk Borough. John Goodrich, of Isle of Wight. Edward Pegram, of Dinwiddie. Dr. Richard Field, of Brunswick. Thomas Read, of Charlotte. Creed Taylor, of Cumberland. William H. Cabell, of Amherst. George Penn, of Patrick. George Wythe, of City of Richmond. John Taylor, of Caroline. Larkin Smith, of King & Queen. John Minor, of Spottsylvania. William Elzey, of Loudoun. William Dudley, of Warwick. Mann Page, of Gloucester. John Taliaferro, jr. of Prince George. Richard Brent, of Frederick. Hugh Holmes, of Frederick. James Dailey, of Hampshire. James Allen, of Shenandoah. Archibald Stuart, of Augusta. James M c Farlane, of Russell. Gen. John Preston, of Montgomery. William McKinley, of Ohio.
** The Republican Printers throughout the state, are requested to insert the above one month.
Spring Goods. WILLIAM TEMPLE
HAS just received by the ship Rebecca, from London, and Yorkshire from Liverpool, AN ASSORTMENT OF GOODS,
Suitable to the season, which he will dispose of on the usual terms. Richmond, May 9th. (1.)
PROPOSALS BY JOHN L. COOK & SEATON GRANTLAND, For publishing in the City of Richmond, A Literary & Miscellaneous Paper, TO BE ENTITLED The LADY'S MUSEUM, AND WEEKLY MAGAZINE.
THIS PAPER, as the title imports, will be chiefly devoted to the amusement of the LADIES; and on their patronage must the success of our undertaking principally depend.
From this paper, party politics and personal altercation will be entirely excluded. In place of matter of this sort, with which periodical papers too generally abound, and which is only calculated to disgust and irritate readers of taste and judgment, we shall substitute Essays Moral and Sentimental; interesting Biographical Sketches; with occasional selections from the most celebrated Poets; and such Original Essays, both in prose and verse, as may, from time to time, be furnished by our Patrons.
CONDITIONS.
1st. The Museum will be neatly printed, weekly, on a half-sheet of Super-Royal paper. 2d. The terms will be Two Dollars per annum; one dollar to be paid at the reception of the first number, and the other at the expiration of five months. 3d. As it is supposed that subscribers will preserve their papers for the purpose of binding, a handsome Title-page and Table of Contents will be furnished (gratis) at the completion of each volume. 4th. The publication of the Museum will commence about the first of September, should a sufficient number of subscribers be obtained by that time.
May 30. SUBSCRIPTIONS will be received at the Office of the ENQUIRER. The printers of Newspapers in this state will oblige us by publishing our Proposals.
Virginia. At a Superior Court of Chancery held at the Capital in the city of Richmond, 14th of September, 1803
Between Mary Ruffin, executrix, and Herbert Claiborne, James Ruffin and William Ruffin, executors of Robert Ruffin deceased, and the said James Ruffin, Robert Ruffin and Sterling Ruffin, procuring in their own rights. Plaintiffs. And William Clack, and James Cargill Jones, and Richard Jones, infants by Charles Binns Jones, their guardian. Defendants.
IN this cause, abated as to the plaintiffs Mary Ruffin and James Ruffin, by their deaths, and heard on the bill, answers, exhibits, and examinations of witnesses, and argued by counsel, the fourteenth day of September, in the year of our Lord one thousand eight hundred and three, the court directeth one of the commissioners to state and report the credits, to which the defendants are, if to any they be, entitled, exclusive of the paper money tendered, and justly rejected in November, of the year one thousand seven hundred eighty one, towards discharging the debt, for securing payment of which, the mortgage proposed to be foreclosed, was granted.
A Copy—Teste, P. TINSLEY. May 25th, 1804. (awm) (7) On the motion of the plaintiffs, by their counsel, John Jones is assigned guardian to the infant defendants, to defend them in this suit, in place of Charles Binns Jones, who is dead. A Copy. P. TINSLEY.
COMMISSIONER'S OFFICE, Richmond, May 26th, 1804. THE parties concerned are desired to take Notice, that I have appointed Wednesday the twenty-fifth day of July next, for carrying into effect the within decree; upon which day their attendance is required at my office, with their papers and accounts, ready for examination. Wm. HAY, M. C.