Virginia Argus (Richmond, Va.), 1801-02-13 00:00:00

The VIRGINIA ARGUS.
No. 85 of Vol. VIII.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[WHOLE No. 812.]
RICHMOND:—PRINTED (ON TUESDAYS AND FRIDAYS) BY SAMUEL PLEASANTS, JUNIOR.
FOUR DOLLARS PER ANNUM—PAID IN ADVANCE]
FRIDAY, FEBRUARY 13th, 1801.
[12 1/2 CENTS SINGLE]
William M'Cay, Clock & Watch Maker.
RESPECTFULLY informs his friends and the public in general, that he has commenced the above business in part of the house occupied by Mr. James Collet, where he hopes to merit the patronage of his friends and the public. N. B. A Journeyman and two Apprentices wanted to the above business.
WANTED, A single Man, As a Tutor for a small number of Children, qualified to teach Arithmetic, & the English Language grammatically, and who can come recommended for sobriety and attention, will meet with liberal encouragement. Enquire at the Office of the VIRGINIA ARGUS. January 15, 1801.
Notice.
ALL persons having claims on the estate of HUGH PATON, deceased, are requested to bring them forward immediately, as the Subscriber will settle and finally close his accounts with said estate by the first day of March next.
JAMES BROWN, Executor of Hugh Paton, dec. Richmond, January 20, 1801. 4w's
Twenty Dollars Reward.
Ran away last evening, a girl, by the name of
MOLLY;
She is a likely mulatto, upwards of twenty years of age, of middle size, very fond of drinking, when spoken to has a sulking look—her clothing she will change often I suppose, as she has some variety, and will procure free papers if she should leave Richmond and Manchester. She was raised in the estate of the rev. Price Davies, dec. of New Kent county, and sold to Mr. John Pleasants, who sold her to me. I will give the above reward for bringing her home, and reasonable charges if brought a distance, in addition.
W. Munson.
Manchester, Dec. 9, 1800. (tf)
Late Pamphlets, &c.
For sale at the Office of the Argus.
  Proceedings of the Virginia Assembly, on the answers of the several states to their Resolutions passed in Dec 1798, commonly called Madison's Resolutions.  50    Examination of the Question, How far the Common Law of England is the Law of the Federal Government of the United States? By Judge Tucker.  37 1/2    Letter to a Member of the General Assembly of Virginia, on the subject of the late Conspiracy of the Slaves, with a proposal for their Colonization  25    Letter from the late Col. George Nicholas, to a friend in Virginia.  25    Berkeley's Letters.  25    Bishop's Oration, on the extent and power of political delusion.  37 1/2    Debates in the House of Delegates of Virginia, on Resolutions respecting the Acts of Congress commonly called the Alien & Sedition Laws.  1 0    Curtiss's Letters to General Marshall  25    Vindication of the general ticket Law, passed by the Legislature of Virginia, Jan. 1800, by G. Hay, Esquire.  25    Hamilton's Vindication  87 1/2    Letter to A. Hamilton, occasioned by his letter to President Adams  10    Two trials of Fries and others, on an indictment for Treason, with an index containing the evidence and arguments of counsel on both sides  1 0    Looms and Plays, by the late Col. Robert Munford  75    Callender's Prospect before Us, vols. 1 and 2  75    Sketches of the History of America.  1 0    Annual Register for 1796  85    British Honor  84    Manual of a Freeman  50    History of the late War in Ireland, by J. Burk  1 0    Female Patriotism, or the death of Jean D'Arc; an historical play, in five acts, by J. Burk  25    The Secret, a comedy by E. Morris, Esq  34  
TO BE SOLD, For ready money, by virtue of a deed of trust from David Rife, Esq., all that well known and valuable Estate, in the county of Montgomery called
FORT-LEWIS, Containing about 2300 acres. ALSO, A Highly Valuable Plantation and Estate, At Coshland Court-House, including the Court-House, Tavern, and Buildings, said to contain about 1500 Acres.
The many advantages of these two desirable tracts are so well known as to make a description of them unnecessary. They will be Sold, at the Eagle Tavern, on Saturday the 28th of February, 1801.
William Hay, } Com'rs. Duncan Rife, John Wickham, Richmond, Jan 28, 1801.
N. B. A mistake in a former advertisement prevented the sale from taking place on the 18th of January, as was intended. It will positively be made on the 28th of February.
Imported And for Sale by the subscriber, at the County Wharf, A general assortment of Cologne Mill-Stones, From Amsterdam, with Hand Mill-Stones, and German Steel, by Jesse Hollingsworth. Baltimore, Dec. 27, 1800. 1515
Burr-Stones. THE Subscribers have just received a quantity of BURR-STONES, of a very superior size and quality, which they offer for sale at their store, No. 93, Bowley's Wharf, J. Ogelsby & D. Winchester. Baltimore, Jan. 10, 1801. (tf)
At a Court held for the county of Wythe, the 9th day of December, 1800.
James Chestnut, } plts. AGAINST William Miller and Alexander } In Adams, } CHANCERY defts.
THE defendants not having entered their appearance and given security according to the act of assembly and the rules of this court, had it appearing to the satisfaction of the court that they are not inhabitants of this country: On the motion of the plaintiff by his counsel, It is Ordered, that the said defendants do appear here on the second Tuesday in June next, and answer the bill of the plaintiff; and that a copy of this order be forthwith inserted in some public newspaper of the city of Richmond for two months successively, and posted up at the front door of the courthouse of the said county.
A Copy. Teste, Robert Crockett, clk.
At a Court continued and held for Buckingham county, the 13th day of November, 1800.
John Kidd, } plts. versus John Katen and John } In Masters, } Chancery defts.
THE defendants not having entered their appearance, and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that they are not inhabitants of this state: On the motion of the plaintiff by his counsel, It is Ordered, that the said defendants do appear here on the first day of March term next, and answer the bill of the plaintiff; and that a copy of this order be forthwith inserted in one of the Richmond newspapers for two months successively, and posted at the front door of the courthouse of this county.
A Copy. Teste, Bolling Branch, d. c. b. c.
LATELY PUBLISHED, And for Sale at S. Pleasants' Printing-Office, Richmond,
Price 75 Cents, A COLLECTION OF Plays and Poems, BY THE LATE COL. ROBERT MUNFORD, Of Mecklenburg County, in the State of Virginia.
Jan. 1, 1801.
Bound Almanacks, FOR 1801. Interleaved with ruled pages, For sale at this Printing-Office.
CONGRESS.
HOUSE OF REPRESENTATIVES.
Wednesday, January 21.
SEDITION LAW.
(Debate Continued.)
Mr. Dana said, a principal part of the arguments of gentlemen in the opposition were calculated to prove that the administration of our country was willfully corrupt. They had told the house that necessary testimony had been refused, and that various abuses of this kind had actually occurred in our courts, which were actuated by a spirit of party, to the great injury of persons not born in this country.
[Mr. Nicholson—I spoke facts: I did not say the administration was willfully corrupt, these are the gentleman's own words.]
Mr. Dana. There could be no other implication from the gentleman's words, nor was it in the power of human invention to distinguish between a violation of the principles of justice in the man represented, and a most willful and gross corruption. As it would be extremely improper to leave so great a charge in this unqualified manner, Mr. D. would proceed to examine the conduct of the judges of the U. States. Who are those judges? Nominated by the President of the U. States, and chosen by the Senate agreeably to the constitution: How long or at whose pleasure are their judges to continue in their high office? At the pleasure of no man nor set of men, but during good behaviour. So if there be any part of the government, or any set of men in the United States, who were placed above the spirit of party, and beyond the reach of corruption, it is the judges of the United States; and yet, above all others, these are the men charged with a party spirit, and with corrupt principles—these men who are singled out as men of the most profound wisdom and integrity among us, and who are superior to the dread of removal from office, excepting only by impeachment for misbehaviour. Yet this is the substance of the reasons gentlemen assume why this law should not be continued.
Would not prudence dictate, would not justice, that justice which is due to the character of every man, demand that before these charges would be even suggested, the proof ought to be decisive; that it ought to be "damning?" This has not been produced.
He would not go into the details of the law, but examine it upon general principles. He would admit that there had been much opposition to the law, and that most particularly it had been opposed and condemned by the legislature of one of the largest states in the union. But he was not inclined to judge of a measure, upon the opinions of others; that house ought not to be overawed by the multitude of petitioners, nor by the remonstrances of the legislature of any state whatever; it should act with a spirit of independence.
One of the extravagancies of that state, and many of the people, had been to arraign, to their extremely weak and partial judgment, the common law; the existence of it was altogether denied. That common law which most undoubtedly secured to every individual its most endearing rights, and afforded security against every species of legal oppression, whilst it preserved to the government that protection against the licentious and false slander which polluted some of the presses of the U. States, maintained upon established principles, the rights of our jurisprudence and our morality. This was the true character of what was termed the common law.
It would seem to him, Mr. Dana said, that no honest man could wish for a liberty to utter defamation and falsehood. It was directly incomprehensible to him how a man who held dear the principles of liberty and of good government could attempt to utter falsehoods against the government. The rights of the people and of the press were held up. How, he would ask gentlemen, could the rights of the people require a liberty to utter falsehood? How could it be right to do wrong? If this was liberty, he had been hitherto totally ignorant of its principles, and wished to remain so. And yet the only crime made by that part of the law, so much the subject of complaint, is the uttering of a scandalous and malicious falsehood, with intent to defame. Most certainly truth is not always the motive of investigating the measures of our government, and so far as truth is deviated from, so far is the government libelled, and virtue proportionately becomes licentious by misrepresentation. Could not public opinion become corrupted? Could not falsehood be disseminated that would gain credit from the people? Then how could gentlemen pre-
tend to suppose that truth must overcome falsehood? how could they suppose that misrepresentation and calumny could do no manner of harm? How often are calumnies and falsehoods published against the government; but when is a contradiction of those falsehoods seen in the same paper? No, falsehoods will have their effect, and even if afterwards contradicted, it is not so until the falsehood has had its effect, and at that time the truth avails but little. Thus though upon general principles truth may be said to be an antidote to falsehood, truth does not always make its appearance in time to prevent the evil intended by the evil disposed. Suppose the reputation of the government to have been attacked, and the affections of the people weaned from it, of what avail will be the remedy? The poison is swallowed beyond the power of expulsion, even by the most powerful antidote. If this then be true, and that it is, is indubitable: a check ought to be provided in due time, whilst yet its qualities may completely prevent any possible harm.
And what danger, Mr. Dana asked, could result from this law? As he observed before, it was not the will of the judges, those arbitrary party spirited characters, that could curtail. No, every cause is submitted to a jury of twelve honest men, who are sworn to decide upon the fact, and the security is so great that if but one man out of the twelve should be of opinion that the person arraigned is not willfully an offender, and that he has not produced the government fairly and maliciously, he must be acquitted of the indictment.
What better barriers to the liberty of an individual can be presented than this? The only answer gentlemen can give is that the juries are packed. But he would ask, whether the juries were not returned as fairly in this as in other cases under the laws of the land? If then there was an evil, it was not solely applicable to this law, but to all laws, and to the general principles upon which juries were selected. He could scarcely conceive that men of character, under the solemnity of their oath, could act so unprincipled.
Upon the whole he could see nothing but unbounded arguments in opposition to this law, and that gentlemen had no other way to get rid of their dilemma but by charging the courts and juries with corruption. And when men began to charge with evil design the sanctuary of justice, it was time to bid adieu to all public happiness and every hope to enjoy the blessings of freedom.
Mr. Huger acknowledged that he had been somewhat surprised, when the report of the committee of revival and unfinished business was first made, and found it to be their wish to renew and continue in force this act, so well known by the appellation of the sedition law. It had been generally understood, he thought, on all hands, that this act would be allowed to expire in peace, and without further notice, on the 3d of March next. As the subject, however, was again brought forward, he was happy to perceive that gentlemen were inclined to treat it with calmness and moderation. There appeared indeed no great anxiety in the committee to enter largely into the discussion of this question—neither did he feel himself any strong inclination to do so. But as he should in the present instance probably vote in opposition to the sentiments of most of those with whom he was naturally in the habit of acting, he would beg leave to state some of the reasons which led him to differ from them on the present occasion. He felt some little pain, however, he acknowledged, at the idea of dissenting from and acting in opposition to his friends on this important and interesting question, because no man had a stronger conviction than himself, of the general correctness of their political views and principles, or was more persuaded of their honest intentions and patriotic views.
Mr. Huger said he would not enter into an investigation of the constitutionality or unconstitutionality of this law. The gentlemen who preceded him had not done it, and it would become him less to do so: for although it was true, he had never given it the sanction of his vote, yet if he felt any doubts as to the constitutionality of this law, it would certainly come with a very ill grace from him to urge them at this late day and in the present state of things.
Waving then the question of constitutionality, Mr. H. called upon gentlemen to show the expediency or necessity of renewing this act, and continuing it longer in force. For his part he had heard nothing, nor could he see any reason, which led him to think this measure either expedient or necessary at the present moment. Granting that congress possessed the constitutional power of laying some restrictions on the licentiousness of the press, and of punishing libels, yet it certainly does not follow of course, that they must necessarily, at all times and on all occasions, carry that power into operation. In time of imminent danger; in the midst of a great crisis, it might be proper to avail ourselves of such a power. And such indeed
was the state of things, when this law was originally enacted. Our country was at that time threatened with foreign and perhaps domestic war. We had to guard against the machinations of an artful and well disciplined foe, who was endeavouring to rouse up our citizens against the government, and would no doubt have availed themselves of every possible means to mislead the public mind, and to spread abroad false reports, which might have had the most direful and fatal effects, before it was possible to detect and expose them. At that time, and in the then state of things, he was one of those who was for exerting every nerve, and bringing into operation every means in our power to defeat the schemes of our enemies, and repel the impending danger. Taking it therefore, as one of the measures adopted at that awful period, and regarding it as a part of the general system of defence then deemed necessary, he had always been inclined to view it with a favorable and partial eye, but the state of things was now actually changed. The fruits of peace had again visited our shores, and a convention had lately been concluded, which he trusted, would finally put an end to all our differences with the French nation. Why then renew or continue longer the provisions of this act, when the storm, which gave rise to them, is blown over?
There was another point of view in which the subject presented itself to Mr. H. and which would greatly influence his vote on the present occasion. Without going so far, as to assert with some gentlemen, that ninety-tenths or even two-thirds of our citizens had declared themselves decidedly opposed to this act, he would venture to say, without any fear of being contradicted, that there certainly was a very great difference of opinion and co-trariety of sentiment, both as to the constitutionality and policy of the measure. A little noise had been made with respect to this law in the state he had the honor of representing, as in perhaps any part of the union; and he was convinced the great majority of his constituents would not willingly see it again renewed at the present time. He would venture even to go so far as to say, that the freedom of speech and of the press, though carried even to a certain degree of licentiousness, was in general deemed preferable by them to any thing like an appearance of restraint on either. Their good sense might lead them to acquiesce in, and perhaps even approve of temporary restrictions in the moment of impending danger, but such restrictions even then would be unpleasant and distasteful to their feelings, and excite all their jalousies; nor would they easily reconcile themselves to any thing of the kind in peaceful and common times.
It had been argued that no government depended so much upon public opinion, as our own, and it was consequently necessary to continue these restrictions at all times, as a safeguard against misrepresentation and falsehood. He could not, however, acquiesce in this conclusion: during the eight years of the administration of that great man, who bore so conspicuous a part in forming and carrying into operation the present constitution, as well as during the two first years of the present administration, the government had progressed and prospered, without the aid of any such law. And if the crisis of the moment had two years since called forth an expedient of this kind, it was now at an end, and he saw no reason why we should not allow things to revert to their ancient channel. He was willing, indeed, to admit, that some inconveniences, some mischiefs even did occasionally arise from the unprincipled and unbridled licentiousness of the press. He had had but too much reason to lament the truth of this fact. In the present political state of society, however, these evils, he was inclined to believe, were far more than counterbalanced by the advantages which we reaped from the entire freedom of speech and of the press. He was content, therefore, to take the good with its concomitant evil. For so nice and delicate were the shades of distinction between the licentiousness of the press and a necessary freedom of discussion, that it was upon the whole better perhaps, in times like the present—when the thing would probably work its own cure—to leave the measures of government and its administration entirely open to investigation and animadversion, without attempting to repress the eccentricities and exuberances of public discussion by even an ideal restraint.
Mr. H. begged leave to make one other observation before he sat down. It was evident to all that a change of men was about to take place. It was equally well known, that those who were about to enter into the administration of the government, had on all occasions declared themselves openly and unequivocally hostile to the principles of this act. It was no doubt honorable in those gentlemen, who had heretofore supported this measure,

to lay their wills to continue and... which might enable their political opponents to force it against their wills. But with what appearance of consistency; with what propriety; upon what principles could these gentlemen, avail themselves of the provisions of this law. To him it appeared impossible, that they could act under it. It remained, then, it could remain a dead letter. And why load your statute book with laws, which could not be carried into execution, and would of course answer no end.
Upon the whole—The motion appeared to him ill-timed. The measure, it was admitted on all sides, had occasioned much difference of opinion, and considerable uneasiness in the public mind. The state of things, which originally gave rise to it, was at an end, and there appeared to be no circumstance, which rendered it peculiarly necessary or expedient to continue the law longer in force. All retrenchments of this kind were discordant and uncongenial to the American feelings and wishes. And even, if the law should be continued in our statute book, it would, according to all human probability, not be acted upon. Under these impressions, and in this view of the subject, he could have wished, the present motion had not been made, but, at all events he felt himself bound to give it his assent.
Mr. Claiborne made a short reply to some observations which had fallen from Mr. Harper. Mr. Claiborne said, that spirit which the gentleman from South Carolina so much dreaded, he highly reprobated; that spirit against which the gentleman so much declaimed, was the will of the People , and their will could alone be terrible to the forefathers of despotism. It was that voice which had heretofore broken the fetters of our pre-slavish subjection, and will never suffer political chains to be forged for our country, either by foreign or domestic tyrants. Mr. C. believed, that the features of the American citizens were much ascribed to the law under consideration; they viewed it as an arbitrary and oppressive act, dangerous to their freedom and happiness, and during its existence, the public mind would never be tranquil.
Mr. C. declared an examination into the constitutionality of the act in question. He waived this enquiry, because this point had been so frequently and ably discussed, that it was not in his power to introduce any new argument. He would say, however, that the measure had always been viewed by him as a violent encroachment on the great charter of American rights, the Constitution , and from this and other causes, had arisen his former opinion. Mr. C. was of opinion, that the revival of the Sedition Act, was highly inexpedient. It would be remembered, that for eight years after the organization of this government, the powers vested in the different departments were exercised, without the aid of a sedition act. That great character who was then at the head of the government, asked no such shield, and required no such protection. To calumniate the executive power and integrity, and thus forfeit, the rights of calumniators can ill afford to wound.
Mr. C. remarked, that the conduct of all public men should always be investigated; that free investigation was inseparable from a representative government, and essential to its preservation; that in such investigation, base men might resort to calumny, but this was an evil which could not be remedied without rendering insecure a valuable privilege—Mr. C. anticipated no good that could flow from this act, but on the contrary, he apprehended much mischief.
If an administration is honest and wise, it needs not the support of this law, but its existence may do such administration immense injury. Awe'd by the fear of punishment, the labors of calumniators will be stifled in secrecy, and the operations of detection will be so private, that a detection will be difficult, and truth and virtue, may thus be afflicted with success. But, repeal this act, by no means upon enquiry, and then political investigation of every description will come boldly out; error may be met by truth and calumny by virtue.
(To be continued.)
Wednesday, February 4.
The petition of John Hall, Marshal for Pennsylvania, was read and referred to the Committee of Claims.
A petition of sundry citizens and inhabitants of the city of Washington, praying that Congress may assume the jurisdiction of Columbia, and frame a code of laws therefor, was read and referred to the committee of the whole, to whom had been referred a bill on that subject.
Mr. R. Brown reported a bill to discharge Lawrence Erb from confinement, Read twice and referred to a committee of the whole to morrow.
Mr. S. Smith reported a bill to add to the district of Columbia, the city of Washington, and to discontinue the district of Loudoun, Lee, and Fairfax, in said district. Read twice and ordered to be engrossed to morrow.
The House resolved itself into a Committee of the Whole on the Bill for the Government of the District of Columbia.
A motion was made by Mr. Callan to amend the first section of the Bill, so as to extend the privilege of voting for Representatives, to persons, other than Freeholders, who are the owners of property in the district, to the value of 50 Dollars.
Mr. Harper moved as an amendment to the foregoing amendment, that a Citizen, not being a Freeholder, in order to qualify him as an Elector, shall be a Housekeeper, and possessed of property of the value of 100 Dollars, to be ascertained by the record of the last assessment next preceding the period offering his vote.
Mr. Callan's amendment was withdrawn, and Mr. Harper's, which though offered as an amendment to it, was a complete substitute for it, was adopted.
Mr. Claiborne proposed as an amendment to this same section, to reduce the term of a Senator, continuing in office from six, to three years.
This motion was negatived. Mr. Teazel moved to strike out the Senate altogether, on the ground, that Congress having the revision of all laws that may be passed for the Territory, and the power of rejecting such as they did not approve, would be a sufficient check on the Representatives, without a Senate.
This motion was negatived. Mr. Mason moved as an amendment, that the Senators should be elected immediately by the People and not by Electors as proposed by the Bill. This motion was also lost.
A motion was made by Mr. Nicholson, that the Electors should not be permitted to choose themselves as Senators. This motion was adopted.
The Committee rose, reported progress, and asked leave to sit again.
A message was received from the Senate, informing the House that the Senate had passed the Bill for erecting a Mausoleum for George Washington, with amendments. The amendments were committed to a committee of the whole house, and ordered to be printed.
Thursday, February 5.
Two engrossed bills were read and passed, one of them entitled "An act giving a right of pre-emption to certain persons who have contracted with John Clevens Symmes, or his assigns, for lands lying between the Miami rivers, in the Territory of the U. States north-west of the Ohio." And the other entitled "An act to add to the district of Columbia, the city of Washington, and to discontinue the district of Loudoun, in Kentucky, and Palmer in Tennessee," and therein to amend the act entitled "An act to regulate the collection of duties on imports and tonnage."
Several petitions were read and referred. The house resolved itself into a committee of the whole on the Bill for the government of the District of Columbia, in which several amendments were made, which the committee reported to the house.
A resolution which had been submitted to the consideration of the house some days since, for continuing in force the law for augmenting the salaries of certain officers therein mentioned was adopted by the house, and a motion was appointed to bring in a Bill for that purpose.
A message was received from the Senate, informing the house, that the Senate had passed a bill for the government of the Territory of Columbia. This bill was read, committed to a committee of the whole house, and made the order of the day for to-morrow.
PAPERS Relative to the commencement of NEGOTIATIONS OF PEACE, BETWEEN FRANCE AND GREAT-BRITAIN. (Continued from our last)
No. 38.
Lord Grenville to Mr. Hammond.
The fourth article of the French project still maintains the contradiction of professing to assimilate the blockaded places to those of Germany, and of agreeing to them at the same time conditions which are the very reverse of those adopted in the German armistice.
The manner in which that armistice is spoken of in this article, affords another instance of expressions unnecessary and improperly offensive to the King's allies.
There seems no reason for altering the paragraph of the counter project, which is perfectly distinct, and conveys no implication injurious to either party.
The King cannot agree to 1000 rations per diem, well understood as the consumption of 1000. If the fact be so it will appear as the consequence, who will be named for that purpose, in conformity to those stipulations of the German armistice, to which France professes the intention of adhering this article.
But a still more material objection arises to the proposal respecting Egypt.
If the situation of the French army in that country were to become matter of discussion between the two governments, his majesty and his allies have a right on every principle of good faith, or of civilized nations, to require that the French should evacuate Egypt on the terms stipulated in the convention of El Arish; these stipulations having been ratified both by the Turkish government and by the French commanding officer; and his majesty having also instructed his admiral, commanding in those seas to accede to them as far as they were known here. This demand would be made with the more reason, because even subsequent to the recommendation of hostilities in Egypt (under circumstances to which his majesty refers to advert) an official engagement was entered into by general Berthier in his letter to the Kaimakan, dated the 10th April, 1809, by which that general, then commanding in chief the French army in Egypt, and consequently possessing full powers to bind his government in this respect, formally understood that the convention of El Arish should be executed as soon as the King's acquiescence in it should be notified to him.
But when instead of pursuing this argument, the French government, in order to prevent the admission of the counter project, requires that the French shall carry this article, without modification or search, and even under the open protection of a British officer, what article, if that article is to be carried, may be most in need of it is natural to ask by what article in the German armistice, Ulm or Ingolstadt are to receive in covering wagons, as many troops, as many provisions, and as great a quantity of every species of arms, ammunition, and stores, as might be conveyed to Egypt in six French frigates? and this condition is still more striking, when it is considered that by the German armistice the blockaded places are expressly restrained from receiving, during the armistice any thing which can supply additional means of defence. And on the other hand, that the proposals for the evacuation of Egypt originated on the part of the French themselves, who now desire to avail themselves of the benefit of an armistice to strengthen that very position which, by an agreement made in consequence of their own request, they have actually engaged to abandon.
This part of the French article is therefore wholly inadmissible. It contains a pretension unjust in itself, injurious to his majesty's interest, and repugnant both to the general principle of the negotiation and to that which is specified in the very beginning of the article itself; and it implies a breach of faith on his majesty's part towards an ally, to whom he is bound by a solemn treaty.
Besides all these considerations, his majesty has no power to relinquish by such an engagement as is proposed, the rights of the Ottoman Porte from resisting the admission of this supply into Egypt, which he has hitherto acceded to the armistice, which, if it be conceded on these terms as these, there can be no reason to expect.
The manner in which this particular subject of Egypt is spoken of, both in the project and in Mr. Otto's note of the 16th inst., makes it necessary that you should distinctly declare, that the offer, which was contained in the counter project goes in this respect to the very utmost extent that his majesty's regard for the interest of his subjects can admit of. And his majesty is confident, that no want of conciliation can justly be imputed to him on account of his having at once brought forward explicitly and without reserve the whole of these objections, which it appeared possible for him to make.
This observation applies equally to the remaining articles of the project.
In the 5th article his majesty finds himself obliged to insist that the freedom of navigation there stipulated be on the part of his enemies, that not be extended to the transport of troops, or of naval and military stores. The justice of this exception and its necessity are too obvious to require any further explanation in addition to those contained in the official note; and it follows as a consequence of this principle, as well as from the nature of the subject itself, that the restrictions as to the lifting of two ships of war would be wholly illusory, were it, as now proposed confined to ships of the line only.
It would indeed be ludicrous in practice not just in principle, that France should be enabled during the armistice to change the destination of all her frigates; but when it is considered how much it is the usage of the French marine to employ their vessels for the transport of troops and military stores, the two parts of this article become so blended with each other, that they cannot be separated; and his majesty cannot depart from the latter without equally abandoning the former.
The naval supply of the articles which are here in question, is indeed stated in one of Mr. Otto's notes to be a point of small moment to France. If it be so, then with less reason insist on a point which can in this case only be insisted on with a view to affect those general principles which are connected with all the most important maritime interests of Great Britain.
The 6th article contains a new demand on the part of France, superadded to all the pretensions advanced in her first project. It rests on no just or equitable principles; for while France would retain her majesty from strengthening, by the addition of more troops, the force of her allies in Italy, she reserves the power of augmenting her own articles there, or of shifting her allies elsewhere, precisely as it may suit her future plans of operation.
The French government now professes, de facto, no means to prevent the transport of his majesty's troops by sea; and it is not reasonable that it should acquire the right of doing so by the terms of an armistice which conveys to his majesty no fresh means of impeding the future operations of his enemies, beyond those which are already in his power, but which even concedes to them considerable advantages of which they are not now in possession.
It remains only to speak of the alterations made in that article which regards the allies on both sides.
His majesty's objections to the form proposed on the part of France for this article were detailed in my answer to the first project.
If France considers her allies in the light of independent powers, and is in the future negotiations to treat with them as such, respecting her own interests and theirs, it is necessary that this principle should equally be adhered to in the preliminary arrangements which precede the negotiations. It has not been agreed to in the convention of any regular or official act, that the French government has any authority to treat in this respect in Spain or Holland. His majesty, on his side, has received no such authority from his allies; and it would be inconsistent with good faith were he to use such authority, to engage in their name for an armistice with France in any other form than that which is usual in such cases; namely, that they will be as liberty to accede to the convention as they think fit. In that form his majesty is ready to admit the articles as with respect to the allies of France, and in that form only can he agree to include his own allies in this engagement.
If the article were concluded in the terms now proposed by France, his majesty would be bound by the obligations of good faith to observe the armistice towards Spain and Holland, while on the other hand he could have no reciprocal claim on those powers grounded either in justice or in the law or practice of nations. Nor could he require the retransmission even of a single merchant vessel captured by a Spanish or Dutch ship of war.
Those powers, if regarded by France as independent, cannot be bound by her act, and must be admitted as contracting parties according to a regular diplomatic transaction to the terms of the armistice, before they can be considered as under any obligation to fulfil their terms.
These considerations are obvious to everyone, that it is not easy to imagine in what view the French government can be prepared to alter the articles from the form in which his majesty has offered them to conform to it.
I have only time to add, that should the armistice be concluded, his majesty would think it necessary to reserve the right of deciding the negotiation, as soon as the French government has decided that it is also very necessary to limit a period of time for continuing beyond which it would not be his majesty's intention, nor would it be consistent with the essential interests of his dominions to extend it.
The power of doing this will be referred to either party by the terms of the convention. Nor does this power result only from the articles as here proposed; it is equally referred to both parties by the effect of the present French project; and there is, therefore, no necessity for insisting in the convention itself either his majesty's intention in this respect, or (still less) the precise period of such limitation.
But it may appear on his majesty's part more consistent with that openness which his majesty is desirous to observe in this whole transaction, that you should express this intention to Mr. Otto in this state of the business referring to a subsequent period the formal notification to be duly made in his majesty's name, agreeably to the terms of the convention.
You are at liberty to communicate to Mr. Otto in the course of your discussions, the whole or any part of this letter, and to allow him to take either a copy, or such extracts from it as he may wish.
(Signed) GRENVILLE.
(To be continued.)
BOSTON, January 21.
N A V Y.
Since the establishment of the navy, the following captures have been made of French armed vessels:
   Guns. Men.     L'Insurgente 40 400   Le Bercan 26 300   Deux Amis 20 54   Sans Pareil 16 37   Le Croyable 14 54   Le Joloux 14 70   Magicienne 14 65   Brillant Fenestre 12 62   Haïc Conquet 12 —   L'Astive 12 60   Marquis 11 —   L'Amour de la Patrie 6 60   Tartouffe 8 60   Le Vanqueur 8 85   Les Amis 6 10   La Minine 6 60   Favorite 6 41   Sandwich 6 —   Syren 4 30   La Voltigeuse 10 61   Le Fripon 4 —   L'Elber 3 —   La Fougere 2 70  
Le Fripon, Bassesparte, La Dilligence, Louise, Rabateuse, L'Oze, Vendemaise, Osean, Vagus, Le Gouge, Le Pelican, L'Eperance, Atalante, Hircus, La Jalon, Peguy, Henriette, Reconoune, Gen. Malet, La Piège, L'Utile, La Victoire, La Jeanne, La Fortune, Cygne, La Decade, Manuel, Renomme, L'Aigle, Flambeaux, Couchon, Flying Fish, Hope, Gumbear, Felix, Dove, Fortune, La Police, Vengeance, La Cullie, La Berade, L'Espeire, Piege, Dolphin, Phoenix, La Fortune, and Adrial, besides boats, and several vessels without any name. The force and crews of the prizes mentioned above we have not been able to ascertain. The captures are 74 in number: and the vessels recaptured by our cruisers exceed 30. Jacob, what think you of the navy now?
SPRINGFIELD, (Mass) Jan. 27.
Sunday morning last, between the hours of one and two o'clock, the inhabitants of this town were alarmed by the cry of fire; which proved to be one of the buildings belonging to the public armoury on Federal Hill. The building (occupied as a firing and flocking shop) was entirely consumed, together with a part of the utensils used in these branches of the business and about five hundred stand of arms, notwithstanding the utmost exertions of the inhabitants to extinguish the flames. The loss is estimated at about 18,000 dollars.
NEW-YORK, January 31.
On the trial of the persons who were convicted a few weeks ago, for altering the nomination of the notes of the Manhattan Company, it became known that some of the substance employed by them in destroying the ink, was in the custody of the justices of the police. The attorney general, in a conversation with the professor of chemistry, promised to send him some of it for examination; and since the passing of sentence upon the offenders, Mr. Rensen, the cashier of the Manhattan Company, has put some of it into Dr. Mitchell's hands. A liquid made from the material is found to efface the characters of printers ink, without damaging the paper, in a short time. The composition and nature of this singular agent have been detected; and will lead to a composition of ink for printing, which will be proof against it. The destruction of writing ink by oxygenated muriatic acid is well known; but the decomposition of printing ink is by a different process and upon a different principle.
PHILADELPHIA, Feb. 2.
A gentleman in New-York has written to his friend in this city, the following information which he received from a very respectable source in Guadeloupe: A vessel had arrived at Point-Pitre, on the 27th December, from Bourdeaux, in 24 days passage, with 70 passengers, 67 of whom are young Creoles, formerly belonging to the island. This vessel brought a decree recalling all the emigrants who had formerly left Guadeloupe. After this information had been received an express boat from Rochefort, in 36 days passage, arrived at Bellerive, with the same decree, together with the American treaty, which was proclaimed. These vessels also brought information of the nomination of citizen Lefaslier as Prefect of Guadeloupe—he was formerly Intendant at Grenada, and well known as a worthy character.
February 3.
Capt. Hanna, George Logan, and Prof. Carr Lane, commissioners appointed by the governor of this state to confer with the legislature of Delaware, on the subject of an act for joining the Susquehanna and Delaware rivers, have performed that duty; the result is favorable to the project.
Captain Lemuel Wilson, of the sloop Washington, writes to his owner in this city, that the plea on which the English captured the Washington, was in consequence of part of her cargo, consisting of hay, rations and almonds, (Spanish produce) deemed contraband by a late order from Great Britain.
From the Boston Chronicle, March 2nd.
The French officers of the Bercan, prisoners of war in this town, request you to insert in your next paper, the following paragraph, in answer to that which appeared yesterday in the "Commercial Gazette"—wherein the relation of the plundering committed on the officers and crew of the Bercan is called a base and cruel lie.
We the undersigned, officers and crew of the Bercan Corvette, stand ready to attest, that not only kettles, buckets, were taken from us, but also watches, musical instruments, ear rings, handkerchiefs, &c, that the pillage was carried to such an extent, that the bags of our coals and buttons were ripped, and cut open—our pockets, handkerchiefs, and even our shoes were searched. We can further attest that we were searched in places which modesty forbids to name, in quest of money.
But we should be most glad to let slip this opportunity, without mentioning the kind treatment we have received from the first lieutenant, Mr. Halwell, prize master of the aforesaid Corvette.
Clement, Pouten, Croynercau, Roberts, Bordes.
Boston, January 23.
REMARKS
By the Gazette of the United States.
The above now comes to us in a less questionable shape, than when the same story flowed from the Aurora without vouchers. If it be a fact that captain Little and his officers have to forget in what is due to their own character as Americans and as seamen, gloriously contending for the rights of their country, and to the rights of brave men whom the fortune of war has put into their power, we cheerfully abandon them to the calumny which they have so richly merited, and sincerely hope that they may meet with the punishment which such brutal outrage demands.
We are happy to find that Lieutenant Harwell, of whom we before had occasion to speak in terms of commendation, behaved with that generosity and magnanimity which we should always hope to find united with the character of an American Seaman.
We have now but too much reason to fear that the statements of the French officers is well founded, but shall wait with patience for the vindication which Captain Little owes to his own character and to that of his country.
REMARKS ON THE REMARKS.
By the Aurora.
We are the more ready to acknowledge the good sense which has dictated conviction and produced the above remarks, because they proceed from where we had not expected so much candor. When we published the extracts of a letter on this subject, we took care to be assured of its authenticity and accuracy before we gave it credit or circulation. We wished to find it false, we fought by every means to arrive at such circumstances as would assure us that it was not a production of hatred or anger; we had possession of the letter nearly a fortnight and wrote to be assured that the facts were not overstated. To our astonishment we found even more than the letter contained, and a friend in New York who saw some person belonging to the Bercan on their way to France on a Canal assured us that they carried affidavits or facts still more onerous to humanity and dishonorable in their nature. The crew it appears had been lettered in such a manner, that while one lay on his back, his comrade chained to him, was obliged to lie on his face. Three cabin boys, belonging to the Bercan, were taken from the ship, as we understand, by the captain, and made slaves of; two of them to the possessor himself, the third sent into the country. These are horrible facts.
February 4.
It appears by the Calcutta papers, that the British are making great progress among the Asiatic nations on the western side of India. They have seized upon several places in the ancient kingdom of Canara, and incorporated the natives by force with their army. There is a circumstance of this kind related, wherein fifty of these unfortunates fled from the British and took refuge in one of their own forts (Jamalabad) they were taken, and were hanged, as deserters, and the rest received 1000 rations each—this is not Jacobinism nor Republicanism—this is order and regular government!
The unfortunate Asiatics are likely between the regular government of Britain and the fury of their own chiefs against such a rake army in favor of the British to cease to be a people—Woe to the British are taring