The enquirer (Richmond, Va.), 1805-08-23 00:00:00

Garet Linton
The Enquirer.
PUBLISHED BY THOMAS RITCHIE, OPPOSITE THE POST-OFFICE—AT FIVE DOLLARS PER ANNUM—PAYABLE IN ADVANCE.
NUMBER 31.]
RICHMOND, FRIDAY MORNING, AUGUST 23, 1805.
[VOLUME 2.]
Pleadings of Counsel,
ON THE
IMPEACHMENT OF JUDGE CHASE.
SATURDAY, FEBRUARY 23.
MR. MARTIN, in continuation.
As to the second question, to wit, "Whether Mr. Adams while Vice President, had expressed his disapprobation of the funding system?" The question could not be in any degree relevant to the one or the other clause in the sentence.—Whether Mr. Adams expressed his disapprobation while he was Vice President, of the funding system, or not, could in no respect go to prove or disprove his being a profligate, or his having sacrificed the interest of the U. States to the interest of Great Britain. The Court, therefore, considering this question totally irrelevant to the "point in issue," did as was their duty to do; they refused to suffer it to be put to the witness.
So much for the two first questions. We now come to the third, respecting the votes of Mr. Adams, when Vice-President, against the bill for the sequestration of British debts, and the bill for suspending intercourse with Great Britain. For the conduct of my honorable client in refusing to permit this question to be put to Col. Taylor, two reasons may be assigned; the first, that if the fact was as stated, it could not be proved by Col. Taylor. The second, that if the fact was established, it would be totally immaterial to the issue.—Col. Taylor's evidence was not the best which the nature of the case admitted. I will not say that the traverser, in order to prove this vote, was under the necessity of procuring a copy from the journal of the Senate properly authenticated by their Clerk, but he certainly ought at least to have produced a printed copy of the votes and proceedings of the Senate as published by them. One thing at least is certain that the traverser could not consistently with rules of law, give parole evidence to establish the vote of Mr. Adams, and, therefore, that Col. Taylor could not be legally examined on that subject. But I will go further in defence of my client, and will say, that if they had had the best possible evidence of the fact: if they had had an attested copy from the records of the Senate, the judge would have departed from his duty if he had permitted the evidence which was wished to have been obtained from Col. Taylor, to have been given to the jury. Ought any evidence to be given to a jury which is not proper and pertinent to prove the fact in issue or to prove some fact from which the fact in issue ought legally to be inferred—evidence not relevant to the point before the court and jury:—Was not, as to this part of the charge, the fact in issue, whether Mr. Adams had swerved from his duty by intentionally profaning the interest and welfare of his country to the interest and welfare of Great Britain?—Should not a charge of so atrocious a nature be proved by some direct act of this criminal sacrifice of the interests of the United States to the interest of Great Britain, or by the proof of some other act from which such criminal sacrifice must and ought on principles of law to be clearly and necessarily inferred? And what was the proof proposed to be offered for this purpose? That upon the question whether British debts should be sequestrated, and whether our intercourse with Great Britain should be suspended, after full discussion one half of the members of the senate voted in favor of those measures, and one half of the Senate against them.—And that in this situation Mr. Adams thinking them of too hazardous a nature, and such as might involve our country in a war, did not choose to take upon himself so great a responsibility as to give his casting voice in the affirmative.
I have, Mr. President, neither time nor inclination to enter into a discussion of either the propriety or policy of those measures, but I have no hesitation to express my belief, that the honorable members who voted for or against those measures, were equally actuated by the same purity of motive: That those who voted on the one side or the other acted from the sincerest desire to promote what they respectively considered the best interests of their country.
Shall then, the rejection of the evidence, that Mr. A. on measures in fieri , on which the senate was equally divided, gave his casting vote with the senators whose political sentiments accorded with the then majority; and which evidence if admitted, would have proved nothing, be considered as a ground of impeachment? I say evidence, which, if admitted, would have proved nothing; for that act of Mr. Adams certainly would not have proved that he had corruptly and wickedly sacrificed the interest and welfare of the United States to Great Britain; nor would it have proved any thing, from which such sacrifice ought legally and necessarily to be inferred. Where is the man who would dare to say, that the members of the senate who voted for or against the bill for the sequestration of British debts, and the suspension of our intercourse with Great Britain, acted from corrupt motives? Is there a member of this honorable court, who believes that the Senators, who voted against those measures were actuated by a desire to promote the interest of Great Britain at the expense of their own country? Or that those who voted in favor of those measures were actuated by a desire to promote the interest of France at the same expense? The heart of every member of this honorable court, I am confident, revolts at the idea! Ought then any Judge to have suffered this act of Mr. Adams to have been offered to a jury, as evidence directly to establish that he had wickedly and corruptly preferred the interest and welfare of Great Britain to that of the United States, or as evidence from which the jury ought, upon legal principles, necessarily to infer that he had thus acted.
The judge who would have permitted such evidence to have been given for such purpose, in my opinion, ought much rather to be impeached for his conduct, than the judge who had rejected it.
It is the sole province of the court to determine what evidence shall go to the jury, either as proper, directly to prove the fact in issue, or to prove any facts from which that fact ought to be inferred. The court are the sole judges of the competency and admissibility of the evidence—the competency depends upon its legal relation to the point in issue; its admissibility upon its relevancy to the question in issue—if legal, it is their duty to reject it; but though legal in its nature, yet if
not relevant to the point in issue, it ought equally to be rejected; because its production only wastes time, and has a tendency to mislead the jury.
The right of the court to decide what evidence shall go to the jury, I never heard questioned till in the course of this trial. The honorable managers appear disposed to advocate a different doctrine, and as they claim the right that the jury should decide the issue without regarding the opinion of the court as to the law, so they seem to think that the court ought not to restrict the evidence to the jury. And hence they have expressed some indignation against my honorable client, because when he told the court in Fries's case, that they might go on as they pleased, but still subject to the direction of the court as to what evidence they might offer: On that occasion they exclaimed—"the court took upon themselves to decide what evidence should go to the jury! But perhaps that evidence which might have been rejected might have influenced the decision of the jury, and as the jury have a right to decide the law, uncontrolled by the court, they ought to have before them all that evidence which might possibly influence their decision!" Charming doctrine! Thus the jury are not only to decide the law on the issue, but likewise all questions of law which arise upon the proceedings in the cause and upon the evidence that is to be admitted. The honorable managers seem to forget that it is only in consequence of the right of the jury to give a general verdict that they get incidentally the power of deciding the law in any case, but that this cannot in any manner enable them, either as to power or right, to have any control over the court in any collateral questions. The maddened enthusiasm that ever yet advocated the rights of jurors, has never questioned the right of the court to determine upon the competency and admissibility of evidence. Such being the law, it was the duty of Judge Chase, when the question meant to be established was, that Mr. Adams wickedly and corruptly sacrificed the interest of the United States to Great Britain contrary to his duty, to prevent the vote of Mr. Adams on that occasion being given in evidence to the jury, either as proper, directly to prove the fact, or from which they ought necessarily to infer it. And I again repeat, if he had suffered such evidence to have been given to them as proper and relevant, he would have been much more deserving of impeachment.
I have stated that there are two ways of proving the issue—either by directly proving the fact in issue, or by proving some fact from which the fact in issue ought legally to be inferred; and that in the one case and the other the court are the judges as to the competency and the admissibility of the testimony. But I go further; it is the court who have a right to determine whether or not the fact in issue ought to be inferred from a fact proved, or what fact, being proved, will justify a jury in inferring, and accordingly finding the fact in issue. I will, sir, explain my meaning. The question in issue is a grant or no grant of a tract of land; the grant is the fact to be established; no grant can be presumed, but evidence is given of possession for a great length, a regular transferrence of the property as having been granted—payment of rents to the supposed lessors of the supposed grantor, &c, the court not only determine what testimony is proper to establish these facts, but they direct the jury that if they believe the evidence, they then ought to find that a grant had been given. On this point I refer to Cowper, p. 112, and 12 Coke. 2. So, sir, if in an action in rem for money due, the defendant pleads the act of limitation, and the plaintiff replies a promise to pay within three years. If on the trial of the cause, the plaintiff proves an acknowledgment of the debt within the limited time, the court will instruct the jury, that if they believe the fact, they ought to find from it, as being sufficient evidence for the purpose, the fact in issue, that he did promise to pay . Yet if the jury was to find a special verdict, stating that within three years the defendant had acknowledged the debt, the court could not give judgment, but must order a venire facias de novo , because the jury would not have found the fact in issue, but only a fact which was, as evidence, sufficient to have justified them to have found by their verdict that the defendant did assume . Again, in the case before supposed, evidence was given to the jury that the defendant had acknowledged the debt as aforesaid, the court would instruct the jury that upon that evidence they ought to find the defendant had promised, and if the jury did not give their verdict for the plaintiff, the court would grant a new trial. So, sir, in an action of trover and conversion. If it was proved that the defendant had the thing in possession for the conviction of which the suit was brought, and evidence is given that the plaintiff demanded the article from the defendant, and that he refused to deliver it, though this is not itself a conversion, and if the jury was to find a special verdict stating these facts, the court could not give judgment, yet the court would direct the jury that upon such fact being proved, they ought to find the fact in issue, to wit: the conversion, and if the jury was not to find for the plaintiff, the court would grant a new trial. Again, in the case of an action brought to recover money and the statute of limitation pleaded—if the defendant acknowledges the justice of the debt, but at the same time absolutely and unequivocally declares that he never will pay any part of it, the court could instruct the jury that upon such evidence they could not find for the plaintiff, for that the acknowledgment of the debt being only presumptive evidence of a promise to pay it, that presumption was taken away when the acknowledgment was accompanied with a direct unequivocal declaration that he never would pay any part of it. So in the case of trover and conversion, if the thing in question was large, heavy and unwieldy as a large piece of mahogany or other timber, and when the delivery of it was demanded, the defendant was to refuse troubling himself on the occasion, but to direct him to where this ponderous article lay, and tell him that he might take it into his possession when he pleased; the court would certainly say there was no proof of conversion—the prima facie evidence being defeated by the circumstances of the case.
I have introduced these cases by way of illustration; and to show that the court determines what is proper evidence to prove the fact in issue—from what fact the fact in issue may be inferred—and also what evidence is admissible to prove this secondary fact; and therefore as the vote given by Mr. Adams at which Callender wished to give evidence was not sufficient to prove directly the charge that Mr. Adams had wickedly, and against his duty, sacrificed the in-
terest of his country to that of Great Britain—nor was a fact from which the jury on principles of law ought to have inferred it; and I am sure no person will attempt to support the contrary, therefore that my honorable client instead of being impeachable for rejecting such evidence, would have exposed himself to censure, had he admitted it.
Nor can I doubt but that the respectable counsel who were concerned for Callender, would have cheerfully acquiesced in and approved of my honorable client's conduct in this respect, had it not been for a cause, which they honestly acknowledged, their extreme ignorance of the law which relates to the doctrine of libels—and which had induced them to use every exertion to obtain a continuance of the cause to a future term, that in the mean time either in their own offices, or under the instruction of some legal character, they might acquire a more accurate knowledge of that branch of the law. An indulgence that it seems they could not prevail upon the court to give, for the refusal of which, however, I hope my honorable client will not be thought impeachable.
I have now, sir, finished my observations on the third article, and am under the direction of this honorable court whether I shall proceed to the fourth, or wait till they take some refreshment. (It was now three o'clock, and the court adjourned for half an hour.)
[The court having again met, Mr. MARTIN continued.]
I shall now, sir, proceed to the fourth article which charges the respondent's conduct to have been marked during the whole course of the trial by manifest injustice, partiality and intemperance.
From the evidence it certainly appears that Judge Chase prevented the counsel from arguing to the jury, that the sedition law was unconstitutional; and this seems to have given rise to a great portion of the altercation and ill humor between the court and the bench.
I admit that the constitution gives to a criminal the right of having counsel; but the constitution has not defined the rights or duties of counsel, or to what extent they are to exercise them. One thing, however, is certain—that they have no constitutional right to impose upon the court or to mislead the jury.
When Callender's counsel contended that if the jury have a right to decide questions of law, then the constitution being the supreme law of the land, the jury must of course have the power of deciding on the constitutionality of a law; the judge might well say it was a non sequitur.
What has been allowed to the jurors as their incidental right on the general issue? Not to decide whether there is an existing law, or whether a law is in force, but to declare the true construction of an existing law, and whether the case in issue comes within the true construction of such law.
But those who contend the jury have a right to determine the constitutionality of a law, infallibly for the power of the jury to decide its true construction and whether the prisoner's case comes within it, but to decide whether what is produced as a law is not void, a mere nullity, a dead letter; or in other words whether such a law is in existence. The maddened enthusiasts or the rights of jurors—their most zealous advocates never contended for such a right before the cases of Fries and Callender. Whether a law exists, whether a law has been enacted; whether a law has been repealed; whether a law has become obsolete or is in force? the decision of these questions hath always been allowed the exclusive right of the court. The power of the court to decide exclusively upon those questions hath never been before controverted. Nay the very right claimed on behalf of the jurors, that they may determine what is the true construction of the law, and whether the case is within its provisions, of itself necessarily presupposes, and is predicated upon the existence of a law, the true construction of which they are to determine. It has indeed been seriously questioned, and that by gentlemen of great abilities, whether even the judiciary have a right to declare a law passed by the legislature, to be contrary to the constitution and therefore void! I shall not enter into an examination of that question, but I have no hesitation in saying that a jury have no such right—that it never was intended they should have such right, and that if they had the right, we might as well be without a constitution.
The first specific instance of my client's unjust, partial and intemperate conduct, which is stated in this fourth article is, that he compelled the traverser's counsel to reduce to writing the questions which they meant to propound to Col. T. The correctness of this procedure will depend on the question whether the court had by law such a power, for if such a power was possessed by them, it is to be presumed that they, on that occasion, exercised it according to their best discretion, nor can it be inferred that their conduct was criminal, because the procedure was novel in Virginia. There are cases in which the practice of a court may be considered the law of the court; but these are not in any manner analogous to the case in question; nor do I find that the practice of the state courts is obligatory "in any case of this kind on the courts of the United States." My honorable client did not consider what was usual in Virginia, but what was correct and proper: he knew that the law authorized him to make this demand. In Maryland where he inhibited his legal knowledge, and where at the bar and on the bench he had carried it into practice, nothing was more common than for questions to be reduced to writing at the request of counsel, or at the request of the court. If counsel doubt of the propriety of the evidence meant to be drawn from the witness, or the correctness of the question meant to be propounded to him, they have a right to request it to be reduced to writing. So also, if the court, without whose approbation no testimony can be given to a jury, and whose duty it is to prevent improper testimony to be given, has reason to suspect an intention to introduce such evidence, they have a right and they ought to require the questions to be reduced to writing, that there may be no misapprehension of the tendency of the question, and that they may more deliberately decide whether it is proper to be put to the witness. And in this case, the counsel were not required to reduce their questions to writing in the first instance, or before they had stated what they meant to prove, as hath been suggested. When Col. Taylor was called and sworn, the court desired to be informed what they meant to prove by him. McNally is an
authority that in so doing they acted locally. The counsel stated the facts, to prove which Col. Taylor was called; upon which, the court doubting the admissibility of the testimony directed the question to be reduced to writing for their consideration. It cannot for a moment be seriously contended, but that the court had a right to do so. As my respectable colleague (Mr. Key) has observed, the practice of this honorable court during this trial, hath perfectly functioned that part of my client's conduct. If at any time a question has been put, the propriety of which hath been doubted it has been directed to be reduced to writing.—It is true, that this has been principally, when an objection has been made by the counsel; but there can be no doubt, that if any honorable member of this court had apprehended the question to be improper, the court would have had a right, and would have directed the question to be improper, and would have had a right and would have directed the question to be propounded in writing for their consideration. The propriety, the principle, in each case is the same. On this part of the charge I need not dwell any longer.
The next instance of the judge's conduct specified in this article is his refusal to continue Callender's case to the next term, notwithstanding the affidavit filed, and the applications made. On this subject I shall not make many observations as to the law; but I may venture to assert that the conduct of Judge Chase in this instance also appears to have been free from any corrupt or oppressive motive or design; no part of his conduct on this occasion has been produced to show that he entertained a disposition, to prevent Callender from obtaining the testimony of his witnesses, or to deprive him of the necessary time to procure their attendance. Let it be recollected that the first affidavit prepared and proposed to be filed in order to obtain a continuance of the cause was a general affidavit. By the laws of England a general affidavit is not sufficient to entitle the party to a continuance; and upon principles of law as adopted in England and in the United States, at least in Maryland, a supplemental affidavit cannot in a case of this nature be received.
If then Judge Chase had wished that Callender should have been, at all events, prevented from a continuance of his cause, he would have suffered them to have filed their general affidavit.
(To be continued.)
European Intelligence.
BY THE HERCULES, BRADFORD, FROM LIVERPOOL, ARRIVED AT PHILADELPHIA.
MILAN, June 7.
The session of the legislative body opened this day. At six in the morning his excellency gen. Duroc, grand marshal of the palace, took the command of the palace of the legislative body. The members of the legislative body assembled in grand costume in the hall of their sittings. The council of state proceeded at 1 o'clock from the palace to the palace of the legislative body, where they were received by a deputation of three legislators. This deputation conducted the members of the council to the places assigned for them. At half past one, the empress arrived at the palace of the legislative body, accompanied by her imperial highnesses the princes Eliza, by her ladies, and the officers of her household. Her majesty was received at the outer door of the palace by the president and deputation of thirty members of the legislative body, and conducted to the tribune prepared for her. His majesty's train set out from the palace at two for the palace of the legislative body. His departure was announced by a discharge of artillery. The way through which his train passed was lined with troops. The procession was arranged with the usual pomp and according to the established forms, and proceeded and followed by a detachment of the French and Italian guards, and by squadrons of Mamelukes. His majesty's arrival at the palace of the legislative body was announced by a second discharge of artillery. He was received at the outer door by a deputation composed of thirty members of the legislative body, with the president at their head. The procession assembled in one of the halls of the palace, whence it proceeded in order to the hall of sitting, where the places were arranged in the following order: His majesty the emperor and king on a throne: on his right, his serene highness prince Eugene in a chair, two steps lower than the throne; behind his majesty on the right and left, two colonels, generals of the guard, the grand marshal of the palace, the grand major domo, the grand almoner and marshal Mancey; back of the throne, the chamberlains and the French and Italian equites. The other officers of the court were stationed according to their rank. Opposite the throne, the legislators were disposed in a circular form, their president in the centre, without any distinction of place, but having two state messengers of the legislative body, one on his right, the other on his left. Before the legislators, sit the council of state on chairs, half on the right and half on the left. When his majesty was seated on his throne, the whole were uncovered. The grand master of the ceremonies took the orders of his majesty. The legislators, summoned individually by the chancellor, took the oath, after which the secretary of state read the statutes of the kingdom. These statutes are eight in number. The eighth respects exclusively the establishment of an military order, under the denomination of The Order of the Iron Crown , and is divided into five titles. The order is to consist of five hundred knights, one hundred commanders, and twenty dignitaries. The motto is to be " Dieu me l'a donne, gare a qui y touche ." Vacancies to be filled up every year, on ascension day. Four hundred thousand Milanese livres are to be appropriated to the order. Each knight to have 300 livres yearly, each commander 800, & each dignitary 3000 livres; One hundred thousand livres of this revenue to be set apart for such extraordinary life pensions as the grand master shall think proper to grant to any knights, commanders, or dignitaries. The king of Italy to be grand master, but the emperor or king, Napoleon, in consideration of being founder, to retain, during his life, exclusively the title and functions of the office. The statutes were signed by all the people & functionaries, and directed, by order of the emperor & king Napoleon, dated June 5, at his palace of Milan, to be transmitted into the registers of the tribunal and administrative authorities.
Prince Eugene then was summoned by the grand master to take the oath as viceroy.—He made a profound bow to his majesty, & placed himself on his knees on a cushion at the left of the throne, where, putting his hand on the Gospel, he pronounced the following oath:—
"I swear to be faithful to the constitution, and to obey the king; nor when my functions will the moment I shall receive the king's directions thereupon; and to give up immediately the authority with which I am invested, to any person that shall be deputed by him."
His majesty the Emperor and King, then addressed the Assembly in the following terms:—
"Gentlemen of the Legislative Body, "I have caused a detailed account to be rendered to me of all the parts of the Administration. I have introduced into these divers branches the same simplicity that, with the help of the Consulta and of the Censure, I established in the division of the Constitutions of Lyons. Whatever is good, whatever is beautiful, is always the result of a uniform and simple system. I have suppressed the double organization of the Departmental Administrations, and of the Administrations of Prefecture, because I have thought that by relying the administration solely upon the Prefects, not only a million would be economized in the expenses, but a greater rapidity would be obtained in the course of business. If I have annexed to the Prefects a Council for Litigations, it is to the principle which requires that the administration be the act of one, and that the decision of litigious objects be the act of many."
"The statutes which you have just heard read, extend to my people of Italy the benefits of the Code, over the drawing up of which I myself presided. I have ordered my Council to prepare an organization of the judiciary order which may render to the tribunals the lastre and consideration which it is my intention to give them. I could not approve that a Preteur alone should be called to pronounce upon the fortune, of the citizens, and that judges hidden from the eyes of the public should decide in secret not only upon their property but upon their lives. In the organization which will be presented to you, my council will study to make my people enjoy all the advantages which result from a collective tribunal, from a public procedure, and from a contradictory defence. It is to secure to them a justice more evidently enlightened, that I have established that the circumstances in which Italy now is, permitted me to think of the establishment of Juries; but the Judges must pronounce like the Juries, from their sole conviction, and without delivering themselves up to that system of half proofs which much oftener endangers innocence than it serves to discover guilt. The surest rule of a judge who has presided over the trial, is the conviction of his conscience."
"I have myself watched over the establishment of regular and conservative forms in the finances of the State, and I hope that my people will find themselves well, from the order which I have commanded my ministers of finance and of the public treasury to examine on the accounts which will be public. I have consented that the public debt should bear the name of Monte-Napoleon , to give a guarantee the more of fidelity in the engagements which constitute it, and a new vigour to credit."
"The public instruction will cease to be Departmental, and I have fixed the basis to give it the ensemble, uniformity and direction, which must have so much influence upon the morals and habits of the rising generation."
"I have judged that it was proper, from this year forward, to place more equality in the distribution of the departmental expenses, and to afford succor to those of my departments, such as the Mimico and the Lower Po , which find themselves burthened by the necessity of defending themselves against the ravages of the water."
"The finances are in the most prosperous situation, and all payments are free of arrears. My people of Italy is of all the nations of Europe the least loaded with taxes. No new burdens shall be laid on them: and if there be any change made in any contribution, if the enregis-terement is established in the project of Budget, according to a moderate tax, it is for the purpose of diminishing more erroneous impositions: the Tercier is full of imperfections, which manifest themselves every day. To remedy them, I shall vanquish the obstacles which are opposed to such operations, much less by the nature of things than by private interest; I however, do not hope to arrive at results, such as may cause to be avoided the inconvenience of raising a tax until the period it may reach to."
"I have taken measures to order the clergy a proper endowment, which they have been deprived of for these ten years past; and if I have made some unions of converts, I wished to preserve, and it is my intention to protect those who devote themselves to services of public utility, or who, placed in the country parishes, are in places and circumstances wherein they supply the want of secular clergy. I have at the same time provided that the Bishops should have the means to be useful to the poor, and I only wait, to occupy myself with the lot of the curates, for the information which I have ordered to be quickly collected upon their real situation: I know that many of them, especially in the mountains, are in a penury which I have the most pressing desire to put an end to."
"I intend of the road of Simplon, which will be finished this year, and at which four thousand workmen are working at this moment, in the part alone that crosses the king dom of Italy, I have ordered that the bridge of Volano should be begun, and that such important works should be undertaken without delay, and pursued with activity."
"I have neglected none of the objects upon which my experience in administration could be useful to my people of Italy. Before I return across the mountains, I shall go over a part of the departments to become nearer acquainted with their wants."
"I shall leave depositary of my authority this young Prince, whom I have brought up from his infancy, and who will be animated with my spirit. I have besides taken measures to direct myself the most important affairs of the state."
"Orators of my Council will present to you a project of law authorizing my Chancellor, Keeper of the Seals, Melzi, to act for four years in the quality of depositary of my authority, as Vice-President; a domain which, remaining in his family, may attest to his descendants the satisfaction I have felt from his services."
"I think I have given fresh proofs of my constant resolution to fulfil towards my people of

Italy every thing they expect from me. I hope that in their turn they will be desirous of occupying the place that I desire for them in my thoughts; and they never will attain it, but by persuading themselves that the force of arms is the principal support of states. "It is time that the youth who live in the ill-fated cities of Italy, should cease to fear the fatigues and dangers of war, & that they should enable themselves to make their country respected, if they wish their country to be respected." "Gentlemen of the Legislative Body, vie in zeal with my Co-Deputies of the State, and by that concurrence of wills towards the sole aim of the public prosperity, give to my representative the support he should receive from you." "The British government having received, with an evasive answer, the propositions I made to it, and the King of England having immediately rendered them public by inserting my people in his parliament, I have seen the hopes considerably weakened, which I had conceived of the re-establishment of peace. However, the French squadrons have since obtained success to which I attach importance only, because they must farther convince my enemies of the utility of a war which affords them nothing to gain and every thing to lose. The divisions of the flotilla and the frigates built at the expense of the finances of my kingdom of Italy, and which at present make a part of the French forces, have rendered useful services in many circumstances. I preserve the hope that the peace of the continent will not be troubled; and at all events, I find myself in a position to fear none of the chances of war: I shall be in the midst of you the very moment my presence would become necessary for the preservation of my kingdom of Italy."
GENOA, June 2. Some of our Senators, who were sent to Milan to the coronation of the Emperor Napoleon, as King of Italy, having returned here on the 24th of May, with M. Salicetti, the French Minister, on the next day an extraordinary sitting of the Ligurian Senate was held, in which the most important question which could be submitted to the consideration of that Assembly was discussed. The Genoese Senate, in this meeting, formally declared for an union with the French Empire, proclaimed its conditions, and resolved to submit it to the approbation of the people. The Decree follows in these words:— "The Senate, taking into consideration the actual state of the Republic, and convinced that an independence, without strength or means to protect its commerce, is of no advantage to the State of Liguria, and that it cannot exist without being united to the French Empire, particularly since Piedmont has been incorporated with it; considering, besides, that the declaration made at the Congress of Amiens, by the English Government, that it could not recognize the Republic of Genoa until it had resumed its ancient form (a condition to which the Ligurian people could never consent,) exposes it to the severe necessity of being involved in all the naval wars which may arise between France and England; considering that if, on the one side, the Barbary powers, desolating the Ligurian commerce, make all maritime communication impracticable, on the other, our communications by land are as much interrupted by the necessary system of the French law of customs; considering, in fine, that the only means of withdrawing ourselves from a situation so critical, of re-establishing our commerce, of recovering all our rights and privileges, and of removing all the obstacles to our participating with the commerce of France, the immense advantages which peace will assuredly procure for her, is to incorporate ourselves with the French Nation, and that to obtain this favour, it is advisable to profit of the journey of the Emperor and King of Italy; decrees:—
"Article 1. The union of the Kingdom of Italy with the French Empire, shall be proposed to his majesty the Emperor and King, under the following conditions:—1st. That all the Ligurian territory, without the least reduction, shall compose an integral part of the French Empire. 2d. That the debt of the Ligurian Republic is to be liquidated in the same way with the debt of the French nation. 3d. That Genoa shall be a free port, with all the privileges thereunto annexed. 4th. That in apportioning the land tax, due regard will be paid to the barrenness of the Ligurian soil, and the expenses of agriculture, more considerable than in any other country. 5th. That there are neither to be barriers nor custom-houses between France and Liguria. 6th. That the law of Conscription shall only apply to sailors. 7th. That the export and import duties shall be regulated in the manner the most favourable to the agriculture and manufactures of Liguria. 8th. That all civil and criminal suits shall be decided either at Genoa or in some of the adjacent departments of the empire. 9th. That all the proprietors of national property shall be secured in the possession and full enjoyment of the said property. 10th. The present decree shall be immediately submitted to the decision of the people."
LAZOTTI LANZOLA, Chief Sec'y. The Registers having been immediately opened throughout all Liguria, to receive the votes of the Functionaries and Citizens, the decree of the Senate was instantly ratified by a great majority of affirmative votes. The Registers were collected at Genoa, and entrusted to Deputies, who yesterday set out to present them to the Emperor of the French, and to entreat his Majesty to grant the request expressed. Previous to the departure of the Deputies, official communication was made of the wishes of the Ligurians to the Austrian Envoy, Baron Giuffi, in the following note:
GENOA, June 1. The undersigned Senator, Minister for Foreign Affairs, has the honour to communicate to his Excellency the Envoy Extraordinary and Minister Plenipotentiary of his Majesty the Emperor of Germany & Austria, the decree whereby the Senate has induced the Union of the Ligurian Republic with the French Empire: a decree which has obtained the sanction of the people, and in virtue of which a deputation has been appointed to lay before his Majesty the Emperor of the French and King of Italy, the wishes of the whole nation. His Excellency has resided sufficiently long at Genoa to be satisfied of the impossibility under which this country laboured, of preserving its independence amidst events which have changed the face of Europe. Too weak to protect our commerce and navigation, we have constantly seen our flag insulted, and our coasts exposed to the pillage of the Barbary Powers. While the great powers were occupied in making their flag respected, they abandoned the weaker ones to the outrages of the enemies of the Christian name. Our interior peace also was to difficulty circumstanced, that a band of robbers, who had taken refuge in the mountains, were become an object of terror to the neighbouring ports. "On the other hand, England in the negotiations which preceded the treaty of Amiens,
would not recognize the existence of our new state, nor the changes which we had thought proper to make in our constitution, by abolishing the aristocracy, and by preferring to allow other advantages, that equality of rights, on which the prosperity of every commercial nation is founded. She has, in consequence of our efforts to the contrary, lulled all her wars with France, and our maritime commerce has always been a prey to her tyranny. On the land side, we were surrounded by the territory of the French Empire, that if our city still possesses any commerce, we owe it to the Emperor, who has treated us with so much goodness, that he has made sacrifices in our favour, to the possible prejudice of Nice and Marfeilles. We had every reason to apprehend, that in the course of time, his Majesty would not be able to continue to us these advantages; and then, surrounded by the French custom-houses, without territory, marine, or commerce, we should have been the most weak and miserable nation. The decree which united Piedmont to France, had already pronounced the union of our territory with the French Empire, and of our city, which is only a part of Piedmont." "In this state of affairs, by an unanimity of opinion, which is unexampled in any nation, anxious to show ourselves worthy of our fathers, and unable, when left to ourselves, to give our flag that splendour and glory which our ancestors have obtained for it under different circumstances, we have resolved to recover that splendour, and that glory, by incorporating ourselves with a great nation, and by submitting ourselves to the laws of a great Prince, who has always manifested towards us sentiments of friendship, and has honoured us with his particular protection." "The Deputation who carry the voice of the Senate, of the Doge, and of the people, depart this evening; and when they shall have passed the frontiers of our territories, we shall consider our independence at an end." "The Government has thought it proper to communicate these circumstances to his Excellency the Baron de Giuffi, and to assure his Majesty the Emperor of Germany and Austria, of their gratitude for the concern he has evinced on several occasions; and at the same time to acquaint his worthy Representative at Genoa, that his mission is hereby terminated." "In placing ourselves thus under the laws of the French Empire, we do not in the least add to her continental strength. Our population, few in number, is far from warlike. The produce of our finances will be entirely absorbed in the expenses of the defence of our coasts, and in the establishment of our arsenals. France, by this union, will obtain an augmentation of naval force; and we cannot but think that we are doing what is the wish of all the Continental powers, namely, to enable her to contend with the enemy of all nations, and the tyrant of the seas." "The undersigned has the honour to reiterate to his Excellency the Minister Plenipotentiary and Envoy Extraordinary, the expression of his entire esteem, and distinguished consideration." (Signed) "ROGGIERI."
The following is the answer of Bonaparte, on the 14th June, upon receiving the decree of the Ligurian Senate, for uniting that country to the French Empire:— "You, the Doge, and Deputies of the Senate and people of Genoa." "Circumstances and your wishes have often called upon me, for the last ten years, to interfere in your domestic concerns. I have always endeavoured to procure peace for you, and to introduce those liberal ideas which could alone confer on your government that splendour which it formerly enjoyed. But I early had convincing proof of the utter impossibility in which you were placed to achieve any thing worthy of your forefathers. A great change has taken place; the new principles of maritime law, which the English have adopted, and compelled the greatest part of Europe to recognize; the right of blockade, which it is in their power to extend to places which are not blockaded, even to whole coasts and rivers, and which in effect is nothing else than to controul at their pleasure the commerce of the world; the increasing depredations of the Barbary powers; all those circumstances presented to you only a nominal independence. Posterity will be grateful to me for having endeavoured to establish the freedom of the seas, and to compel the Barbary Powers to refrain from molesting the weaker flags, and to live at home as agriculturists and honest men. The welfare and the dignity of the human race were my only objects. At the treaty of Amiens, England refused to co-operate in those liberal ideas. Since that time a great Continental Power has shown as much repugnance to the same principle. Alone to maintain those principles, I should have had recourse to arms; but I have no right to spill the blood of my people, except for their own peculiar interests." "From the moment that Europe could not obtain from England, that the right of blockade should be restricted to places really blockaded; from the moment that the flags of the weak were unprotected, and at the mercy of the piracy of the Barbary Powers, there was no longer any maritime independence; and from that moment every sensible man must have foreseen what is now come to pass." "Whenever a commercial nation has no maritime independence, it becomes incumbent on it to place itself under the protection of a more powerful flag. I will realize your expectations; I will unite you to my great people. I shall thereby acquire additional means of rendering that protection more powerful which I have always been so well disposed to extend to you. My people will with pleasure receive you. They know, that at all times you have been friendly to their arms, and that you have assisted them with all your force, and with all your means. They find, moreover, in your territory, ports, and an increase of maritime powers, which is necessary for the support of their lawful rights against the tyrants of the seas." "In the union with my people you will find a continent; you, who have only the ports, & the sea before you, with this union find a flag, which whatever may be the pretensions of my enemies, I shall support throughout all the seas of the universe, free from insults or attacks, and against the right of blockade, which I shall never recognize, but in such places as are really blockaded by land as well as by sea. In short, in it you will find yourselves protected against that shameful slavery, which contrary to my wishes, I am obliged to suffer weaker powers to endure, but against which I shall always protect my subjects." "Your people will always stand, in the regard I have ever had for them, and in the paternal sentiments I shall feel for them henceforth the advance that every thing which can contribute to their welfare shall be done for them." "Doge, and Gentlemen of the deputation of the Senate, and people of Genoa, return to your country: I shall be there ere long, and will confirm the union which you and my people are about to form. These barriers, which separate you from the Continent, shall be removed for the common interest, and things will go on as in our natural order."
The signatures of all your citizens, subscribed to the request which you make to me, dispel every doubt. I might have had to make. They constitute the only right which I consider as legitimate, to cause that law to be respected, which is to establish the independence which I have promised you."
From the Boston Gazette of Monday. LATEST FROM EUROPE. By the ship J. Adams & S. Ann, from Liverpool we have received our regular files of London papers to the 5th of July, from which we have been enabled to make very copious extracts. The leading articles of intelligence are those relating to the political affairs of the continent, which although opposed to the project of an armistice, and vigorous prosecution of the war against France, are at the same time, inapplicable to the hopes, which have been entertained of peace, as the natural consequence of a failure of continental alliances. Great Britain can never be brought to make peace with France, while she continues her military establishment; and if obstacles shall eventually oppose a coalition of the northern powers, in a war, which was entered into from no light, trivial or partial causes, England will continue to fight on, single-handed; wisely preferring the sacrifice of her entire revenue, to the degradation of such a state of peace, as France would offer.
LONDON, June 25. An attempt will, in all probability, be shortly made by the Texel squadron to put to sea. Accounts have been received by a neutral vessel, which failed last Thursday from the Texel that all the men of war and transports there were in complete readiness for sea. The latter are stated to amount to seventy sail, with troops on board and victualled for a considerable time; the former consist of 5 of the line, two frigates, and three sloops. The intelligence brought by neutrals from the Texel, respecting the enemy's armaments, has generally proved incorrect but this account is in a great degree confirmed by letters from our cruisers off the harbour. One of them says:—"We still continue cruising off this place; yesterday we boarded a vessel under Prussian colours coming out from the Maeler of which we learned that the enemy's force consists of five sail of the line and three large corvettes in the Mars Diep, one line of battle ship, which has been hove down, and put in a complete condition for sea and a large frigate, in the Nieuw Diep. The whole were preparing for sea. Several corps of French troops had of late marched in, for the purpose, it is supposed, of accelerating the works that are carrying on."
June 29. The Dutch camp at Zeyl has received very considerable reinforcements, and the troops are to be embarked in the Texel as speedily as possible. A great number of stores and a considerable quantity of ammunition are also preparing for embarkation. Intelligence is said to have reached government, of the determination of Austria to operate in a decisive and vigorous manner against France in consequence of the consolidation of the Ligurian republic, with the empire of Bonaparte, who is stated, on receiving a dispatch from Milan, to have declared, that as Francis seemed tired of the Imperial Crown, he should take the first opportunity of adding it to his own. Those who circulate, and those who give credit, to such absurd rumours, are equally contemptible. The French minister at Hamburg has most promptly insisted that all the emigrants residing there do instantaneously quit that city, & its dependencies. The total of the effective strength of the British Army on the 1st of May last, was 21,452 Cavalry, 130,832 Infantry, and 78,794 militia.
July 2. The House of Commons, have voted to rescind their resolution directing the Attorney General to prosecute Lord Melville in a Court of Justice; and voted, that he be impeached of High Crimes, &c. before the House of Lords. Messrs. Whitbread, Fox, Grey, Sheridan, &c. are of the Committee to conduct the impeachment. A bill has been brought into parliament to indemnify Trotter, in order to make him an unexceptionable and intrepid witness against Lord Melville. A Medina article of June 17, says—That an American squadron, consisting of 13 vessels of different sizes, of which part is in our port, and the other in Syracuse, is shortly to make a new attack on Tripoli. Notwithstanding various reports in the public papers, it is not ascertained that Mr. Monroe, the American Minister, had left Madrid on the 26th May. Whenever he leaves that City, he comes immediately here to resume his station; and then Mr. Erving, late Consul and Agent of the United States, and Charge d'Affaires here, goes to Madrid, as Secretary of Legation and Charge des Affaires to that Court Gen. Lyman has succeeded Mr. Erving in his late employment here. The Prussian Monarch (by a note through Baron Hardenberg) has avowed his resolution to prevent the fish-harry treaty with Great-Britain, for 25,000 Swedish troops being carried into effect. The articles of impeachment against Lord Melville were ordered to be printed on the 4th July, and to be taken into consideration on the 9th. There are eight specific charges; five of them amount to £44,000 deficiency; the other three regard the supposed violation of the law in drawing naval money, &c. There is a considerable degree of bustle at the Dowes. The fleet assembled there, has been joined by no less than fourteen small frigates; a larger number than is usually attached to such a fleet, which has given rise to many conjectures. On the 10th June, His Britannic Majesty, by message, informed his parliament, "That the communications which had taken place between him & certain continental powers, had not yet been brought to such a point as to enable him to lay the result before parliament, or to enter into any further explanations with the French government, consistently with the declaration made in the speech at the commencement of the session, &c." Votes of thanks passed both Houses of Parliament, and assurances of their cordial support in enabling his Majesty to adopt such steps as might be best calculated for the safety of Great-Britain, and the general interests of Europe. The vote of thanks was opposed in both houses. It passed the Peers 111 to 58. The prince of Wales was in the minority. In the Commons, it passed without a division. A vote for more money to be expended in subsidies, has also passed. July 5. We informed the public yesterday, that his Majesty has lately been unfortunately afflicted with a complaint in his eyes. It is with deep regret we have to state to day, that that complaint is of a most serious nature.
We received this morning the Paris papers to the 24th, and dated to the 27th ult. The Decree for incorporating Genoa has been carried into execution, and on the 11th June that ancient Republic was finally dissolved, and the French flag hoisted upon all the fortifications and ships in the harbour! There is in the Moniteur an article, inserted we may be sure not without design, from the Catinat, in which a pompous display is given of the French army encamped, amounting to 58 battalions of Infantry, 43 squadrons of cavalry, and a large train of artillery. "Besides this army," says the article in question, "we have a division at Genoa, another at Piombino, a third at Naples, and, 1st, more troops in Italy than we ever had, independently of the corps of Italian troops, who appear anxious to render themselves worthy of their Sovereign. In reading this article it strikes us that this pompous display of military strength was made under the impression of suspicion with respect to the designs of Austria, and with a view to convince her that this was the most unfeigned time for her to undertake any thing against the French power in Italy. It would not have been necessary for Bonaparte to have had more troops in Italy than ever he had, for the mere purpose of coronation parade. Had he not been suspicious of Austria, he would have avoided pouring so many troops into Italy, in order that he might not give umbrage, or induce the court of Vienna to believe, that he viewed it with suspicion."
July 4. M. De Novozilow's mission is considered by the Paris Journalists as likely to lead to peace between Russia and France. They observe upon it, "if Russia had unfeigned proposals to make, she would not incur the expense of an embassy, because the character of the Emperor Napoleon is now too well known in Europe, for any one hope to impose upon him by political illusion or boasting—Russia has neither an interest nor the means of contending with a colossal power so well established as France, and hence it is permitted to reckon upon an approximation which may be useful to the two countries."—At any rate, the Russian Journalists will not admit of the probability of a Continental war. "At Paris as well as Vienna," they say "every thing concurs in assuring us that peace will not be disturbed. The desire manifested to preserve the good understanding that exists between the two Courts—every thing changes our hope to certainty. The result of this security is the same at Paris as at Vienna. The funds at both places have risen. At Paris they continue to rise and the five per cent stock were but at 60 when the Emperor left for Italy, were on the 23d June at 62. The rise of the Austrian funds was certainly not produced by any pacific hopes, but by the determination of the government to repay at fixed periods the sums lent by the Dutch to Austria during the war. We believe that so far from being on good terms with Bonaparte, she has lately presented a strong remonstrance, and demanded an explicit declaration with respect to his views in Italy."
The Boston Packet, from Boston, arrived at Plymouth the day before yesterday. The Captain reports that he passed through the homeward bound Jamaica fleet, all well, about three days since, so that their arrival may be hourly expected. Hopes, we are happy to state, are now entertained that the cataract will not extend to both his Majesty's eyes. His Majesty, we are rejoiced to state, is otherwise in most excellent health.
July 5. Intelligence was this morning received at the Admiralty, by a telegraphic communication from Portsmouth, that the Desire frigate, with the homeward bound Jamaica fleet, passed the port at 10 o'clock. We can assure our readers, from the most respectable and undoubted authority, that the authority, that the Earl of Buckinghamshire, Lord Sidmouth, and Mr. Vansittart have resigned the offices they held in the administration. The Emperor of the French is desirous of arranging his new establishments on the grandest possible scale. France he considers as his dwelling house and family mansion, and his numerous enlargements of territory in Germany and the low countries as so many enclosures from the public common. Italy is to be his villa for occasional spring and summer visits, whence he enjoys a wide view towards Turkey and Egypt; in the last of which he proposes, whenever he can call the land his own, to erect a Prospect house, commanding the interesting distant objects of Madras and Calcutta, and the whole Hindostan Country, Spain and Portugal, and Euturia and Naples, are merely his surrounding tenantry. He wants Sweden very much for an ice-house. He has not as yet, turned his imperial mind to the erection of a Manufactory. When he comes to England, he will, most probably, find there his tomb, in which he may repose gloriously, in the midst of his gallant companions in arms.
NEW-YORK, August 17. Combined Fleet.—By the arrival of the ship Sally, Captain Webb, at Newburyport, in 40 days from Liverpool, we learn that upon the 6th of July, in lat. 43 30, long. 22 30, she fell in with the combined French and Spanish fleet. They put on board the ship Sally, the Lady of the Governor of Montserrat, and Messrs. Drysdale and Cook, late supercargoes of two of the English merchantmen captured off Antigua, & burnt by the French fleet. The fleet were but 700 miles west of Ferrol, and steering a direct course for that port, so that their object must be to drive off or capture the blockading vessels form a junction with the Ferrol squadron, and then proceed to the attack of the Channel fleet. Should Lord Nelson proceed to the Mediterranean or not arrive in time to check the career of his flying foe, the consequence may be of a most alarming and fatal nature to the safety and prosperity of the British isles. Daily Adv.
Domestic Intelligence. WILLIAM DAVY, of Philadelphia, has been appointed superintendent generally the trading houses of the United States with the Indian nations within our limits. By this appointment, it is probable, that much good will be accomplished. By the act of Congress of 1796 the fund appropriated for this purpose, amounting to 100,000 dollars, was placed under the direction of the President of the United States, who was authorized to establish trading houses and appoint agents to conduct them. In virtue of this authority trading houses were established. The agents sold the goods with which they were furnished by the United States for money or articles, chiefly peltries, given in exchange by the Indians. The supply of the goods sent to these trading establishments, and the sale of the peltries received from them, form the complex nature and extent of the business, became an object of no small difficulty. This department of the business being entirely devolved on the President without any legal obligation of agents to act under him, had, probably with a view to economy, as the President could not himself buy the goods or sell the peltries, been divided among subordinate officers of the government, such as the secretary of war, the
purveyors of public supply, &c. who, in their turn, employed subordinate agents. It is obvious that a business, thus conducted, would be exposed to great inconvenience. The obtaining the assortment of goods necessary for the Indian market required correct and peculiar knowledge, which none but a merchant could be expected to possess, and very different from that ordinarily possessed by civil officers. The extensive nature, likewise, of the business required a system which could not be looked for, while the general management was so divided. The consequence had, in some measure, been occasional loss to the United States, arising either from bad bargains or a want of rigid responsibility of the agents. The quality of the goods purchased was not always the best, nor was their transmission to promptly and advantageously effected as was desirable. From these and other considerations, it became manifest, that the existing arrangements required a modification as should, by placing the general superintendence of the several agencies under the control of one officer, directly responsible to the executive, insure more complete discharge of duties on the part of the subordinate agents. The necessity of this measure was strengthened by the acquisition of Louisiana, and by the contemplated enlargement of trading houses thereon, which would proportionably augment the general duties of superintendence. Accordingly at the last session of Congress, the House of Representatives, appropriating an additional hundred thousand dollars for this object, provided in the same bill for the appointment of a general superintendent. But the act, owing, it is probable, to the hurry of business, instead of passing the detailed bill from the House, attached to another bill a clause merely making the appropriation, and placing it under the same direction as the appropriations previously made. In virtue of this general authority, three new trading houses have been opened in Louisiana, and Mr. Davy has been appointed, with a salary of 2,000 dollars, a sum much below that which would otherwise be expended in the numerous agencies required. Though the act of Congress do not impose it as a duty on the executive to appoint such an agent, yet, by confining to him the entire direction of the fund, it clearly authorizes him to appoint such agents as he may see fit. Such an authority has always been hitherto exercised without the directions of the laws on this subject could not be complied with. We may expect, in future, the accounts to be more correctly kept, & the whole duties of furnishing goods and selling peltries being placed under his immediate direction, the great benefits accruing from his hand responsibility will be gained.
We observe in the Philadelphia Register a string of animadversions on the conduct of Mr. Davy, in the discharge of his official duties, which abound with misinterpretations. Indeed the President is charged, though him, with the design of injuring the American manufactures of which peltry is the basis, by importing it to Europe, instead of selling it at home. But all the facts on which the allegation is made are unfounded. The secretary of war, under whom Mr. Davy acts, has expressly instructed him always, in the first instance, to sell in the home market, the peltries for which an adequate price is offered. This has been done; and only the surplus stock, not exceeding 7,000 dollars in value, has been exported, which, after sufficient notice, or in default thereof, declined purchasing, because, it is most likely, it was not of the kind they wanted. Another charge is laid to the door of Mr. Davy which we believe to be equally unmerited, the charge of deriving an enormous profit, in the shape of commission, from the exportation of peltries. This is swelled to the high amount of 50,000 dollars a year. The fact, however, is that Mr. Davy is under an obligation to cede the whole business to be transferred as low as it can possibly be done, and as the transactions will be entirely for cash, there is not the smallest doubt of the business being conducted with rigid economy. Some profit there may and ought to be to the importer and exporter; but means have been taken to keep them within moderate limits. Nat. Int.
British West India trade. —Lord HOLLAND, after expressing his anxiety that a good understanding should be preserved with the U. S. of America, and his surprise at the conduct of several of the West-India Governors, moved for certain papers respecting the intercourse between the U. S. and the islands. Lord STANHOPE supported the motion, recommending the cultivation of a close connexion between Great-Britain, and "the wife, the moderate & upright population of America."—Earl CAMDEN said, the system which now controlled the Governors in the West-Indies was the same which was acted upon at the conclusion of the last war.—That if a change was agreed to, it could not be well arranged now, as the session was very near its close; and if the motion should be brought forward early next session Ministers would give all the information that could be wished; but if the motion was now persisted in he should be obliged to move the other orders of the day. The motion not being withdrawn, Earl Camden moved the other orders—which were agreed to.—years 14, pags 8. H. of Lords, July 2.
FROM THE MEDITERRANEAN. "The frigate John Adams arrived at Gibraltar about the middle of June, and sailed from thence on the 18th, up the Mediterranean, with 7 gun-boats. Many American vessels are carried into Algiers." Pallas.
FROM THE BALTIMORE EVENING POST. Since writing the following article, which has been waiting for insertion some time—the letter signed An Injured Merchant , and the document which accompanies it, have been sent to this office, with a view to publication—we give it as we received it—and leave to others the reflections which arise upon its perusal. The situation of this country with regard to Spain is rather curious, but not so much an object of surprise, as of grief, with those who know the manner in which some persons have conducted themselves. The Spanish government or its agents have acted with some art. Suppose an affair of this kind had occurred—Suppose that a person in an official station had stated a case which was exactly the parallel of the business between the U. States and Spain, to some attorneys in Philadelphia, and procured their opinions—suppose their opinions militated against the just claims of the United States—suppose that these men received 1000 dollars, each for their opinion—suppose that their opinions were transmitted to Spain; and suppose that the Spanish government produced these identical documents to prove that the laws of nations did not authorise the claim—that the United States lawyers were of opinion, that the claim could not be supported—and that Messrs. Monroe and Pinkney left Madrid on this account, to return home?
We lay down this case with the desire of solving the mystery; it has been related to us upon the very best authority, that there are some secrets in the way of the of, which our ministers have met with at Madrid, which fully justify inquiries of this kind; and we hope that they will speedily be developed. The report current in Philadelphia, that Mr. Madison and the Spanish ambassador, have been engaged in a warm epistolary correspondence, gives additional weight to the story handed to us; and if some of the papers do not come forward to detail the business; we shall do it ourselves. No lawyer's opinion
Italy every thing they expect from me. I hope that in their turn they will be desirous of occupying the place that I desire for them in my thoughts; and they never will attain it, but by persuading themselves that the force of arms is the principal support of states. "It is time that the youth who live in the ill-fated cities of Italy, should cease to fear the fatigues and dangers of war, & that they should enable themselves to make their country respected, if they wish their country to be respected." "Gentlemen of the Legislative Body, vie in zeal with my Co-Deputies of the State, and by that concurrence of wills towards the sole aim of the public prosperity, give to my representative the support he should receive from you." "The British government having received, with an evasive answer, the propositions I made to it, and the King of England having immediately rendered them public by inserting my people in his parliament, I have seen the hopes considerably weakened, which I had conceived of the re-establishment of peace. However, the French squadrons have since obtained success to which I attach importance only, because they must farther convince my enemies of the utility of a war which affords them nothing to gain and every thing to lose. The divisions of the flotilla and the frigates built at the expense of the finances of my kingdom of Italy, and which at present make a part of the French forces, have rendered useful services in many circumstances. I preserve the hope that the peace of the continent will not be troubled; and at all events, I find myself in a position to fear none of the chances of war: I shall be in the midst of you the very moment my presence would become necessary for the preservation of my kingdom of Italy."
GENOA, June 2. Some of our Senators, who were sent to Milan to the coronation of the Emperor Napoleon, as King of Italy, having returned here on the 24th of May, with M. Salicetti, the French Minister, on the next day an extraordinary sitting of the Ligurian Senate was held, in which the most important question which could be submitted to the consideration of that Assembly was discussed. The Genoese Senate, in this meeting, formally declared for an union with the French Empire, proclaimed its conditions, and resolved to submit it to the approbation of the people. The Decree follows in these words:— "The Senate, taking into consideration the actual state of the Republic, and convinced that an independence, without strength or means to protect its commerce, is of no advantage to the State of Liguria, and that it cannot exist without being united to the French Empire, particularly since Piedmont has been incorporated with it; considering, besides, that the declaration made at the Congress of Amiens, by the English Government, that it could not recognize the Republic of Genoa until it had resumed its ancient form (a condition to which the Ligurian people could never consent,) exposes it to the severe necessity of being involved in all the naval wars which may arise between France and England; considering that if, on the one side, the Barbary powers, desolating the Ligurian commerce, make all maritime communication impracticable, on the other, our communications by land are as much interrupted by the necessary system of the French law of customs; considering, in fine, that the only means of withdrawing ourselves from a situation so critical, of re-establishing our commerce, of recovering all our rights and privileges, and of removing all the obstacles to our participating with the commerce of France, the immense advantages which peace will assuredly procure for her, is to incorporate ourselves with the French Nation, and that to obtain this favour, it is advisable to profit of the journey of the Emperor and King of Italy; decrees:—
"Article 1. The union of the Kingdom of Italy with the French Empire, shall be proposed to his majesty the Emperor and King, under the following conditions:—1st. That all the Ligurian territory, without the least reduction, shall compose an integral part of the French Empire. 2d. That the debt of the Ligurian Republic is to be liquidated in the same way with the debt of the French nation. 3d. That Genoa shall be a free port, with all the privileges thereunto annexed. 4th. That in apportioning the land tax, due regard will be paid to the barrenness of the Ligurian soil, and the expenses of agriculture, more considerable than in any other country. 5th. That there are neither to be barriers nor custom-houses between France and Liguria. 6th. That the law of Conscription shall only apply to sailors. 7th. That the export and import duties shall be regulated in the manner the most favourable to the agriculture and manufactures of Liguria. 8th. That all civil and criminal suits shall be decided either at Genoa or in some of the adjacent departments of the empire. 9th. That all the proprietors of national property shall be secured in the possession and full enjoyment of the said property. 10th. The present decree shall be immediately submitted to the decision of the people."
LAZOTTI LANZOLA, Chief Sec'y. The Registers having been immediately opened throughout all Liguria, to receive the votes of the Functionaries and Citizens, the decree of the Senate was instantly ratified by a great majority of affirmative votes. The Registers were collected at Genoa, and entrusted to Deputies, who yesterday set out to present them to the Emperor of the French, and to entreat his Majesty to grant the request expressed. Previous to the departure of the Deputies, official communication was made of the wishes of the Ligurians to the Austrian Envoy, Baron Giuffi, in the following note:
GENOA, June 1. The undersigned Senator, Minister for Foreign Affairs, has the honour to communicate to his Excellency the Envoy Extraordinary and Minister Plenipotentiary of his Majesty the Emperor of Germany & Austria, the decree whereby the Senate has induced the Union of the Ligurian Republic with the French Empire: a decree which has obtained the sanction of the people, and in virtue of which a deputation has been appointed to lay before his Majesty the Emperor of the French and King of Italy, the wishes of the whole nation. His Excellency has resided sufficiently long at Genoa to be satisfied of the impossibility under which this country laboured, of preserving its independence amidst events which have changed the face of Europe. Too weak to protect our commerce and navigation, we have constantly seen our flag insulted, and our coasts exposed to the pillage of the Barbary Powers. While the great powers were occupied in making their flag respected, they abandoned the weaker ones to the outrages of the enemies of the Christian name. Our interior peace also was to difficulty circumstanced, that a band of robbers, who had taken refuge in the mountains, were become an object of terror to the neighbouring ports. "On the other hand, England in the negotiations which preceded the treaty of Amiens,
would not recognize the existence of our new state, nor the changes which we had thought proper to make in our constitution, by abolishing the aristocracy, and by preferring to allow other advantages, that equality of rights, on which the prosperity of every commercial nation is founded. She has, in consequence of our efforts to the contrary, lulled all her wars with France, and our maritime commerce has always been a prey to her tyranny. On the land side, we were surrounded by the territory of the French Empire, that if our city still possesses any commerce, we owe it to the Emperor, who has treated us with so much goodness, that he has made sacrifices in our favour, to the possible prejudice of Nice and Marfeilles. We had every reason to apprehend, that in the course of time, his Majesty would not be able to continue to us these advantages; and then, surrounded by the French custom-houses, without territory, marine, or commerce, we should have been the most weak and miserable nation. The decree which united Piedmont to France, had already pronounced the union of our territory with the French Empire, and of our city, which is only a part of Piedmont." "In this state of affairs, by an unanimity of opinion, which is unexampled in any nation, anxious to show ourselves worthy of our fathers, and unable, when left to ourselves, to give our flag that splendour and glory which our ancestors have obtained for it under different circumstances, we have resolved to recover that splendour, and that glory, by incorporating ourselves with a great nation, and by submitting ourselves to the laws of a great Prince, who has always manifested towards us sentiments of friendship, and has honoured us with his particular protection." "The Deputation who carry the voice of the Senate, of the Doge, and of the people, depart this evening; and when they shall have passed the frontiers of our territories, we shall consider our independence at an end." "The Government has thought it proper to communicate these circumstances to his Excellency the Baron de Giuffi, and to assure his Majesty the Emperor of Germany and Austria, of their gratitude for the concern he has evinced on several occasions; and at the same time to acquaint his worthy Representative at Genoa, that his mission is hereby terminated." "In placing ourselves thus under the laws of the French Empire, we do not in the least add to her continental strength. Our population, few in number, is far from warlike. The produce of our finances will be entirely absorbed in the expenses of the defence of our coasts, and in the establishment of our arsenals. France, by this union, will obtain an augmentation of naval force; and we cannot but think that we are doing what is the wish of all the Continental powers, namely, to enable her to contend with the enemy of all nations, and the tyrant of the seas." "The undersigned has the honour to reiterate to his Excellency the Minister Plenipotentiary and Envoy Extraordinary, the expression of his entire esteem, and distinguished consideration." (Signed) "ROGGIERI."

can satisfy the demands of an injured country; if they have been the cause of the conduct which Spain has adopted.
FOR THE EVENING POST.
The writer commences with some sketches upon a few remarks which appeared in the Enquirer of the 20th inst. on the policy of the cabinet of the United States. These not being relevant to the present subject nor fallacious for present investigation are omitted. He then proceeds
There are other circumstances that appear not to have been treated with due attention; I mean the failure of the convention of 1802. I believe that little convention entered into by the hon. C. Pinckney, ambassador to the court of Spain. The ratification of that convention was frustrated, as I am informed, by an artifice of the Spanish ambassador here, who, it seems by means of four or five thousand dollars, given in fees to as many lawyers, procured an opinion, which, on being laid before the Spanish cabinet, caused the suspension of the convention. The opinion is annexed, and I leave it to your admiration, and to the public attention. The following is a copy, handed to me by a gentleman who is but a few weeks from Spain, and who says the suspension of the ratification of our claims was wholly owing to this legal opinion; Upon the merits of the opinion I say nothing; as I am not a professional man but
AN INJURED MERCHANT.
[COPY.]
January 9, 1804.
Abstract Question —The power A. * lives in perfect harmony & friendship with the power B. The power C. either with reason or without, commits hostilities against the subjects of the power B. takes some of their vessels, carries them into the ports of A. friend of both, where they are condemned and sold by the official agents of power C. without power A. being able to prevent it. At last a treaty is entered into, by which the powers B. and C. adjust their differences, and in this treaty the power B. renounces and abandons to the power C. the right to any claim for the injuries and losses occasioned to its subjects by the hostilities from power C.
Quere —Is the power A. any right to call upon the power A. for indemnities for the losses occasioned in its ports and coasts to its subjects, by those of power C.? After the power B. has abandoned or relinquished, by its treaty with C. its right for the damages, which could be claimed for the injuries sustained from the hostile conduct of power C?
Answer —We have considered the above case, and are of opinion, that on the general principles of the law of nations, the power A. is not liable to the power B. for acts done upon the vessels belonging to the subjects of the power B. by the power C. within the ports of A. the latter not being able to prevent it. Nations are not, any more than individuals, bound to perform impossibilities.
But even leaving impossibilities out of the question, and admitting that the power A. could have prevented the injury which was committed by the power C. but refused or neglected to do it, we are of opinion, that if the power B. has released or relinquished the same injury to power C. in that case, the power A. is no longer liable to any responsibilities in damages on account of its acquiescence.
It. Because it appears to us, that in the present case, the power C. is to be considered as the principal party, and the power A. merely as an accessory, and that it is in that relation to each other, that their several acts and their respective liability to the injured party, is to be considered. Now it is in the nature of all accessory things, that they cannot subsist without the principal thing; and the principal thing being done away by the release to C. the accessory offence of A. must be done away likewise, according to the well known maxim of the law, accessorians sequitur principalem .
2d. Because a release or relinquishment of a right, implies in law, the receipt of satisfaction, and it is contrary to every principle of jurisprudence, for a party to receive a double satisfaction for the same injury, and here the injury received by B. from C. and from A. is essentially the same; the act of these two persons were indeed different, but the effect which they produced was the same, and that effect only, can be the object of compensation in damages.
3d. Because if the power A. could be compelled to make satisfaction to the power B. for the injury which the latter has released or relinquished to C. that release or relinquishment would be defeated to every useful purpose, as the power C. would be liable to the power A. for the same damages from which it was intended to be discharged by the release of B. Now a release, as well as any other contract or engagement, implies that nothing shall be done by the grantor, directly or indirectly, to defeat its bona fide intent or effect. If, therefore, the claim preferred by B. upon A. will, if admitted, indirectly defeat the release granted to C. such claim must be pronounced to be illegal.
Upon the whole, we are of opinion that the release granted by the power B. to the power C. operates also a release to the power A. for its participation in the injury which was the object of that release.
Philadelphia Nov. 15, 1802.
JARED INGRESOLL, WILLIAM RAWLE, JOSEPH B. McKEAN, PETER S. DUPONCEAU.
Answer of an attorney of N. York, to the same question.
According to the above statement; I should have no doubt that B. having abandoned its rights to an indemnity against C. would have no claim whatever against A. more especially as the case supposes it out of the power of A. to have prevented the transaction.
New-York, Nov. 3, 1802.
E. L. * Spain. † U. States. ‡ France.
NORFOLK, August 16.
Yesterday arrived here from Batavava (a small port in Cuba) the ship Eliza, Captain Evans, of this port.
The capture, plunder, and detention of this ship and cargo, lays a letter from a respectable character in Cuba—“will give you some idea of the abuses and impositions upon our trade in this island, which are beyond conception, and no person can have a just idea of them, without being here.”
We have had the perusal of Captain Evans's prettiest made before the American Consul at Havana of which the following is a short sketch, and in which it will be seen that it is not the lawless depredations of pirates, that are complained of, but the acts of the Officers of the Spanish Government, from the Chief to the lowest.
The Eliza was captured on the 27th February, in prosecution of a voyage from Jamaica to this port, the Captain and part of the crew were put on shore, upon an uninhabited island, from whence they got to Havana, after experiencing many hardships, and being exposed to the danger of perishing for want of food. The ship and
the remainder of the crew, were taken into the above mentioned port of Batavava.
A few days after Captain Evans got to Havana, he met the person who was put on board his ship as Prize Master; this person informed, that the Master of the privateer convinced that the ship could not be made a prize, had, to avoid prosecution, gone off; and that his ship was in possession of some Frenchmen and Spaniards. The Prize Master at the same time, gave up to Captain Evans, the ship's papers, that were in his possession.
Upon this information, Captain Evans presented a memorial to the Captain-General of the island, in which he stated his case, and prayed that he might have an order for the restitution of his vessel and cargo. To this memorial, no answer was given.—In a few days after, Captain Evans presented another memorial to the Captain-General, in which he recapitulated the subject of his former, and stated in addition, that the part of the crew which had been detained on board the ship, were confined as prisoners, and were suffering for necessaries—that the vessel and cargo were daily plundered, and the whole would, in a short time, be lost. To this memorial, no answer was given. Upon this, Captain Evans proceeded to Batavava, where he was fully informed of the sufferings of his people, and the depredations on the vessel and cargo. No sooner was the Commandant of the place, informed that Captain Evans was there, than he ordered him to leave the place instantly, without permitting him to see his people, or go on board of his ship. As this order was backed with a threat of imprisonment, in case of disobedience, Captain Evans was obliged to return to Havana, where he remained until the 20th June;—when by his own, and the unceasing efforts of Mr. Gray, the late, and Mr. Hill, the present Consul, he procured an order for the restitution of the vessel and cargo. When Captain Evans got possession, he found one third of the cargo (originally 180 puncheons of Rum,) had been plundered. The ship had been stripped of her Boats, Anchors, Cables, and Running Rigging, with one half of her sails.—In addition to all this, the Master of the privateer, had contracted a debt of about 900 dollars, which the Commandant compelled Captain Evans to satisfy, before he would permit him to depart. Many minor instances of the iniquitous conduct of the Officers of the Spanish Government are omitted. Enough is said, to shew to the publick, the conduct of the officers who were bound in duty and honour, to afford the rights of hospitality and protection.
We hope and believe, that a representation of this case will be made to our government, from whom alone, redress for this and similar aggressions can be expected. It furnishes matter of surprise, that the merchants of this place, have not pursued the same measure, as the merchants of Charleston, published in this day's Ledger.
Norfolk Ledger.
We are informed from Washington, that the frigate United States and Boston, are ordered to be put in readiness for immediate service.
Refsl Gaz.
Captain Swain informs, that on the 16th of July, in lat. 50, 44, about ten leagues distant from Bermuda, he fell in with an English fleet of five sail, under command of commodore Hon. M. de Courcy, out five weeks from Port-Royal, on a cruise. The above fleet sailed from Jamaica the 20th of June, for the purpose of joining Lord Nelson's squadron; but having been informed of a French and Spanish fleet being out, immediately altered their course, and pursued them. They had not found the fleet when Captain Swain spoke them, but had information of their being not far off—The fleet consisted of the St. George, 98 guns, commodore Courcy; Eagle, 73, capt. D. Coiby; Centaur, 74, capt. L. Wintby; watias, 74, capt. S. Pym; Success, 32, capt. C. Scott. Capt. S. left them steering S. E.
Capt. S. was boarded by two other English frigates out of Halifax, on the 20th ult. in lat. 32, long. 63, which were on a cruise; one of them was the Warner, capt. Harper.
(Bost. Dem.)
FROM A LATE LONDON PAPER.
The Rochefort squadron are blockaded by admr T. Graves, K. B. with seven sail of the line. The arrangement of the western squadrons, by the direction of the present admiralty, is as follows:
21 sail of the line off Brest—ad. id. Gardner. 5 sail of the line on the coast of Ireland—ad. Dru-ry. 7 sail of the line off Rochefort—ad. id. Graves. 9 sail of the line off Ferrol—ad. Calder. 9 sail of the line off Cadiz—ad. Collingwood. 51 sail of the line of the western fleet, all highly fitted, manned and equipped, for any service.
Among the reports of the object of the Toulon fleet is the following, “that they sailed from the Mediterranean for the West Indies for the purpose of drawing Nelson after them, that they might, by an expected return to the former sea, possess the superiority there a sufficient time to effect the conquest of Malta, which, as it is now an impediment to peace, they are very anxious to get into their hands.”
KENTUCKY.
Some time during the last spring, it was announced, that a combination of the Indian tribes east of the Mississippi, had been formed against the Osages, or Wahahaw, up the Missouri.—Since that period, the account of this expedition has been doubted. We have now to inform our readers, that the intelligence has recently been confirmed by a Chickasaw Indian who, with his companion, was in Lexington a few weeks past. He says, that not only his own nation have actually sent forward their warriors, but that the Cherokee, Choctaw and all the other tribes to the north had started on the expedition.
(Lexington Gazette.)
KNOXVILLE, July 17.
We learn, by a gentleman who left S. W. Point on Monday evening last, that he there saw a gentleman directly from Highwatha, who informed them that Col. Meigs had received a letter from General Robertson, stating that the Chickasaws had treated for the lands on Duck and Elk rivers; & that it was Col. Meigs, opinion that the Cherokees would give up on good terms all the land they now claim on the North side of Tennessee river.
K. Gaz.
NATCHES, (M. T.) July 12.
The Hon. William Lattimore (a decided republican) was yesterday reelected Delegate to Congress by a joint ballot of both houses of the General Assembly.
Col. Aaron Burr, late Vice-President of the United States, arrived at New-Orleans on the 25th of June, in a boat displaying the American ensign, and towed by a detachment of soldiers. It was said he intended returning to Kentucky, in 10 or 12 days.
M. Luffac, in his late Aerostatic Voyage, when at the height of 21,487 feet, filled a glass vessel with the air of that elevation, and another 300 feet higher; and on his return to Paris, this air was carefully analysed, and proved to be identically the same with the air obtained in the court yard of the Polytechnic School. The experiments of Messrs. Cavendish, Macarty, Berthollet, and Davy, had previously established, that the composition of the atmosphere is the same over all the surface of the earth; and M. Luffac, supported by the experiments of Mellier, Saussure on the Col du Geant, and on the summit of Mont Blanc, has now proved, that the atmosphere is the same at the greatest heights to which we can ascend on the surface of the earth.
London paper.
The Enquirer.
RICHMOND, 23rd AUGUST, 1805.
VINDICATION OF MR. JEFFERSON.
No. I.
Mihi Otho, Vitellius Galba benefici; nec imperiis cogniti.
Tacitus.
It is one of the consequences attending upon great men, that it multiplies the number of critics and of enemies. Was it to have been expected therefore that Mr. Jefferson would have escaped the rage and rancor of opposition?
When these attacks were levelled against him, what was the sacred duty imposed upon himself and his supporters? Was it to have imitated the policy of his opponents, when they formerly held the administration in their hands? To have awed them into silence by the same legal terrors which they had in vain brandished over the heads of the republicans? Or was it not to have shielded his feelings behind theegis of truth; and to have sacrificed anything reluctant which he might have experienced, to the inviolable duty of respecting the rights of the press?
By adopting this plan of defence, Mr. Jefferson has entitled himself to the gratitude of his country. He has exhibited an example of moderation by which his successors may profit. He has shown to the Kings & the Emperors of Europe, how much better it is to trust an honest officer's vindication to the zeal of his friends than to the terrors of the law.
Among the various charges which have been urged against Mr. Jefferson, the most important are those which relate to his conduct during our revolution. From these insinuations it has been inferred that Mr. J. has neither the spirit or the talents to conduct the administration of our government. The man, who was unable to discharge the duties of a governor of Virginia, is declared unfit to be the president of the Union.
These charges against Mr. J. were commenced in 1795 by Charles Symmes, of Alexandria; an act, which tho' it merited the honest indignation of his country, was enough to make him an object of presidential bounty. It was on this hypocritical statesman that Mr. Adams in the plenitude of his folly, bestowed the most lucrative office in the state of Virginia, which he even now holds through the magnanimity of the man, whom he had so ignominiously traduced. Like the celebrated monarch of France, Mr. J. declines to avenge the injuries “of the Prince of Orleans.”
From Mr. Symmes, who was rewarded with the collectorship of Alexandria, the ignominious tale was handed down to William Smith, of S. Carolina, by whom it was reported with additional colouring in his pamphlet of Plinco. It was in this celebrated production, designed to influence the election in S. Carolina, and addressing itself to the peculiar feelings of the people that Mr. Smith presents to quote a passage in the letter of Mr. Jefferson, to Banaker, the Black Astronomer. Were legal fictions, like those, to be treated with ingratitudo? Surely not. This forlorn hope of refuted falsehoods; this shameless fabrication of extracts of letters; was soon tricked out in the artificial honours of minister to the Sublime Porte.
Meantime did the friends of Mr. Jefferson remain inactive? No. They ranfacked the records of state: They appealed to the memory of cotemporary witnesses. They collected a body of argument, which not only refuted, but turned into ridicule the unfounded accusations of his opponents. Above all; the able editor of the Examiner, to whom the warmest gratitude of every republican is due, distinguished himself by his acuteness and zeal. These misrepresentations appeared to have been completely refuted, and every friend of truth began to hope that the tomb of oblivion had closed upon them for ever.
Vain, however, was that hope! The federal party unable to make anything out in the public administration of Mr. J. which they could turn to his disadvantage, have once more descended to these obnoxious tales. But no! let me not be unjust to the federal party. Let me not involve them all in one indiscriminate censure. We know that there are many of them who have disapproved of the repetition of these tales. We know that there are some, who have really believed them, because they have not yet “heard both sides of the question.” In the northern states particularly, we believe that this latter class is not inconsiderable. Was it then to be supposed that it would be a man from the south, from Virginia, that should once more renew these attacks? Yet such is the fact. Thomas Turner of Virginia, has become the champion of Christendom.
Extract from Mr. Turner's letter to his correspondent in Boston.
“At the time Peterburgh was occupied by the British Troops, under the command of Generals Philips and Arnold, Mr. Jefferson, who was then Governor of the state, did participate in the partial consternation excited by the situation of the British Army, and did abandon the seat of Government, at a period; & with an awkward precipitation, indicative of timidity, unwarranted by any immediate movement of the enemy, and forbidden by a regard to those duties, which belong to the station he held. This fact is well recollected, and can be proved by many of the oldest and most respectable inhabitants of the city of Richmond, and I believe would not be denied by the candid supporters of Mr. Jefferson himself.”
“The sequel of his conduct, after the Assembly returned to Charlottesville, and on the approach of Colonel Tarleton to that place, stands attested by thousands of witnesses, and can never be forgotten by those of his countrymen, who respect the character of a firm and virtuous public officer, and who abhor that of a dastardly traitor to the trust reposed in him. His retreat or rather his flight from Monticello, on the information that Tarleton had penetrated the country, and was advancing to Charlottesville, was effected with such hurried abruptness, as to produce a fall from his horse, and a dislocation of the shoulder. In this situation he proceeded about sixty miles south, to the county of Bedford, whence he forwarded his resignation to the Assembly, (who had in the mean time, removed to Staunton and) who thereupon elected General Nelson, Governor. These circumstances are substantial, and literally true; nay, the abdication of the Government, might be a matter of record.”
Yes; fortunately they are matter of record, and shall be duly exhibited. And if we do not prove that there is not an iota of truth in these accusations, we consent to abide by the severity of the Egyptian law, which inflicts the same punishment upon the unjust accuser, who would have been served upon the accused, had he been found guilty. Will Mr. Turner submit to the same Alternative?
That we may preserve some degree of order in the discussion which we are about to undertake, we shall trace the conduct of Mr. Jefferson at three distinct periods.
1. During the first invasion of the English. 2. During the second. 3. During their incursions into the upper country. Though Mr. Turner has not touched upon the first period at all, we cannot but think it worthy of some enquiry; 1st. because we shall be able to refute many misrepresentations which have been already circulated about it, and 2d. because we may be able to contribute a few valuable materials towards writing the history of that period.
FIRST INVASION.
On the 31st of Dec. 1780, the Governor received the first intelligence that 27 sail of ships had entered the Chesapeake Bay; and were in the morning of the 20th, just below Willoughby's Point (the southern Cape of James River) their destination being unknown.
On the 2d of January 1781, information was received that they had entered James River, their intention being at Warraskoak Bay. Orders were then issued for calling in the militia from four counties, and one half from others; which orders were conveyed to their respective counties by the members of the Legislature who rose on that day. The Governor at the same time directed that the records of state should be removed into the country, and the military stores should be transported from Richmond to Wetham, 7 miles above on the river, from whence they were to be conveyed across the river.
On the 3d, the enemy were reported to be a short distance below Williamsburg in a situation convenient for landing, should Williamsburg have been their object.
On the 4th, information was received that they had passed Cannon's and Wood's the evening before with a strong easterly wind, which clearly pointed out that either Peterburgh or Richmond was their point of destination. The whole militia was then called in from the adjacent counties.
On the 5th, it was stated that the enemy had landed and were drawn up at Wetham, on the north side of the river and 25 miles below Richmond.—Richmond of course being their place of destination, orders were given to waggon no more of the military stores to Wetham, but to throw them directly across the river. Having attended to this operation until an hour and an half in the night, the Governor rode up to the foundry, one mile below Wetham; ordered Captains Duff and Lishman Mr. D. Minton to continue waggoning to Wetham, the arms and stores which were still at the foundry, with the view of conveying them across the river; proceeded from thence to Wetham, for the purpose of accelerating the transportation of such stores as had already arrived; and from thence repaired to Tuckahoe, 8 miles above and on the same side of the river, where he arrived after midnight.
On the 6th, after sending his family to a place of safety, the Governor repaired to Britton's on the south side of the river opposite to Wetham, where finding the arms and stores thrown together in a heap near the shore, and exposed to the cannon of the enemy on the opposite side of the river, he had them removed under cover of an adjacent point of land. From thence he proceeded to Manchester, opposite to Richmond, where he found the enemy had a ready arrived at 1 P. M. Seeing that the arms were secured, he repaired to Cheesworth's to have an interview with Baron Steuben, who had appointed that place as a rendezvous and head quarters. Not finding him there, and understanding that the Baron had intended to be at Col. Fleming's, 5 miles above Britton's, he proceeded to that place. In the mean time a detachment of the enemy had arrived at Wetham, from which place they sent a deputation to the Governor at Col. F's with terms of ransom for Richmond. These were rejected with the indignation which they deserved. The late Mr. Buchanan of Richmond was one of the deputation.
On the 7th: the governor returned to Britton's, with the view of more effectually securing the books, papers, &c. The enemy having burnt some stores & houses deserted Richmond after a residence of 24 hours, and encamped at Four-Mile-Creek, 8 or 10 miles below it.
On the 8th: the governor having reviewed the state of the arms of Britton's, repaired to Manchester, where he lodged that night.
Early in the morning of the 9th: he crossed over to Richmond and once more fixed his residence in the capital. In the mean time the enemy were detained at Wetham by an Easterly wind.
On the 13th: they effected their retreat down the river.
During all these transactions, the American forces were scattered in different detachments, and amounted to no more than 2300 men: 300 Militia under Col: John Nicholas at the forest, 6 miles off from Wetham; 200 under general Nelson at Charles City Court House, 8 miles below; 1000 under Col: Gibson, and 800 under Baron Steuben, on the South side of the river.
Through the whole of this interesting period, we have minutely specified time, and place. For we with any man, who can discover the slightest remissness in these movements, to lay his finger upon the point and say when and where it was.
We shall not in proving the truth of the foregoing details, imitate the covert policy of Mr. Turner. We shall not content ourselves as he has done with appealing to the authority of a thousand nameless witnesses: But we shall bring them directly before the public; we shall put it into the power of any man to decide, whether the names and characters of such men are not sufficient to protect them from the suspicion of interested motives.
If these statements do not convince even Mr. Turner himself that he has miserably misunderstood the conduct of Mr. J. during the revolution; and if they do not compel him to come forward, and by ingenuously confessing his mistakes, to offer the only reparation which it is yet in his power to bestow; the discernment and candour of Mr. Turner will become not less proverbial with us than the sagacity of a Pickering or the virtues of a Hamilton.
The policy of France appears to consist in extending its jurisdiction on the continent; and contracting the maritime power of England. The first object is most probably intended for the accomplishment of the last. By having possession of Batavia, she has attempted to cut off the trade of her rival with Holland, and the North of Germany. By her alliance with Spain the wishes to intercept the trade with the Bay of Biscay, and the Mediterranean coast. And now Bonaparte has obtained the command of the port of Genoa; and from thence may pass on to Etruria and all the southern portion of Italy. In that case, the whole coast of Europe, from the Zuyder sea to the territory of Venice, exclusive of the ports of Portugal, will acknowledge the policy of France, so inimical to the interests of England. In the midst of war, therefore, Bonaparte will derive new recruits from the navy of her territories or her allies. In the midst of peace, she can hold out new encouragement to her commerce, her ships and her seamen, by obtaining privileges for herself, which are denied to England.
Whether a posterity will indeed be grateful to him for having exerted himself to render the seas free, is a question which we must leave to posterity itself to decide. Though we are willing to allow him very little credit, for his recent acquisitions; though we believe that they were undertaken from no disinterested wish of favouring the rights of neutrals, but from a wish of extending his own Empire and reputation, still we are willing to think that posterity will profit by his enterprising labours. We believe that the increase of the maritime force of France, will serve to soften the tyrannical despotism of England. Without a formidable rival, she becomes the tyrant of the ocean; whereas competition makes her more regardful of the rights of others. At no preceding period, for instance, was the naval superiority or the naval despotism of England more vexatiously exerted than after the victory of Nelson at Aboukir. But we believe that posterity will have much greater reason on another account, to be pleased with the policy of France. One effect of the French revolution has hitherto been, to extend her authority over the smaller surrounding states. But in the very act of producing this effect, it is paving the way to a more intimate union between these states themselves. Piedmont, Genoa, the Milanese country, Tuscany and the southern states of Italy, were formerly ruled by different sovereigns. But recent events have put up a King of Italy, under whose crown the states of Italy may become consolidated. Then they will no longer be under the necessity of uniting themselves to a “more powerful flag”; for their combined force will be at once sufficient to make themselves respected by
the corsair of Barbary, and the navies of England. Should the time therefore ever arrive, when the kingdom or republic of Italy shall be separated from the empire of France, posterity will be grateful indeed that Bonaparte has extended his sphere over Milan & Genoa. But will not this be one of the consequences of the death of the reigning emperor? Alexander's death was the prelude to the dissolution of his Empire. The kingdom of France is too large, it is composed of too many discordant materials; it can furnish no one general or statesman who has the power or the reputation to keep together those dissimilar parts. Batavia will once more become independent, and Italy behold itself under the jurisdiction of one government. But these, it may be said are mere speculations. They look too far into futurity. Still they are not without their use. Whilst we are contemplating the present augmentation of the French empire, they may serve to reconcile us to the prospect before us. For the very means, which are now employed to weaken the power of the smaller states, may ultimately lead to their complete independence.
The governor of this state has issued general orders to the commanders of the MILITIA to hold themselves in readiness to march at a moment's warning. The same orders, it is believed, have been given by the governors of the other states. What it has been demanded is the occasion of these military preparations? One federal paper (the Nor: a Herald) has even pronounced that the present is a “fqually” season, while another “the Public Ledger” has indulged some insinuations against the secrecy which our federal cabinet has hitherto thrown over its measures.
These Editors have supposed that there was some connection between these general orders and our relations with Spain. The Militia, they may suppose, are to be held in readiness to march at a moment's warning against the Spanish possessions. Should such be their conclusion, they are greatly deceived. This call upon the Militia is intended to carry into execution, a law of the last congress making provisions for the “more effectual preservation of peace in the ports and harbours of the United States, and in the waters under their jurisdiction.” Before we leave this subject, we would barely ask whether the plan of defence, proposed in the last paper, of Artillery on the land and heavy galleys on the water, is not a more effectual defence, than the one adopted by the law of congress. That plan, because it is the suggestion of a sage and experienced head, is perhaps entitled to some degree of attention.
We understand that Professor Girardin is engaged in the elegant work The Amenities of Graphic Art, and that Frederick Bosler, an ingenious artist, continues to publish his views. From the reputation of Mr. B. and from the picturesque and romantic scenery of our country we may anticipate that his future delineations will deserve the attention both of the connoisseur and the lover of nature. No landscapes have yet appeared in America; and perhaps no country could furnish, more various subjects, either rural to excite the pencil of a Claude Lorraine, or rude and sublime to excite the energies of a Salvator Rosa.
Port Folio.
PHILADELPHIA, August 17.
NEGOTIATION WITH SPAIN.
We are enabled to state, on authority which, we deem correct, that the matters in dispute between the United States and the government of Spain, have been amicably adjusted, and that dispatches, on this important subject, from our Minister at Madrid, are now on their way to the executive.
(True Amer.)
Not confirmed by last evening's mail.
DIED at Dunfries, on the 17th inst. Mr. John Ware, adorned by every domestic virtue, and deeply lamented by all who knew him.
THE fisher is authorised to barter (or otherwise dispose of, a very valuable and productive property in the upper country, which is estimated, by the proprietor, to be worth between 30 and 40,000 dollars, but he will be perfectly willing that its cash value shall be adjudged by disinterested men. Virginia Bank stock will be taken in exchange, and a very liberal price allowed.
The above mentioned property is situated in a healthy country, about 120 miles above this place, and within 10 miles of James river.
THOMAS NORVELL.
August 23.—(ff.)
FOR SALE,
AT T. RITCHIE'S BOOK STORE;
Part Vth. of the “REVOLUTIONARY ANNALS; or, HISTORY OF THE FRENCH REVOLUTION from the convocation of the States-General to the treaty of Amiens, in 1802,” price 62 1/2 Cents
Part 1st. Will describe the state of France under the constituent assembly. 2d. — under the legislative assembly. 3d. — under the convention. 4th. — under the Directory.
Part the 5th. which is the only as yet published develops the three

NOTICE.
A PETITION will be presented to the General Assembly of Virginia, at the next session, praying that an act may pass to incorporate a company for the purpose of cutting a Canal on the fourth side of the falls of James River...
To the Hon. the Speaker and Gentlemen of the House of Delegates.
THE Petition of sundry inhabitants of the town of Manchester respectfully represents: That one among the great blessings of the government they live under and enjoy, is the right of representing their grievances to the legislature.
Your petitioners therefore respectfully beg leave to represent, to the honorable members of this house, that a Canal on the fourth side of the falls, from the lower point of the upper navigation, to pass through Manchester, into tidewater, is much more practicable than the Richmond Canal was, & can be completed for a sum far less than that expended by the James River Company, at this time.
Hence your petitioners acting under an impression, that there is too much justice in their application, to be denied, respectfully beg leave, for the attainment of a measure, so much calculated to promote the public good, to state the outlines of a proposed charter.
That those who shall subscribe for the stock hereafter mentioned shall be incorporated by the name of The President and Directors of the Manchester Canal Company, with the usual rights and privileges of other corporations: that their capital stock shall not exceed 50,000 dollars...
That the said stock shall not exceed 50 dollars: that subscriptions for the said capital stock shall be opened in the town of Manchester under the direction of a majority of them, and continued until shares are subscribed for in person or by proxy, but no person shall subscribe for more than 10 shares...
lands, stones, or timbers, necessary for answering the ends of this act, in case the said company shall not be able to agree with the owner or owners thereof, shall be valued by a jury, to be ordered, on application to the superior court of chancery...
FOR SALE. THE PLANTATION whereon Major Thomas Callis now resides, and formerly the residence of Mr. David Anderson. This land is in the upper part of Hanover county, and near the Louisa line.
BURR MILL STONES, OF ALL SIZES; and PLAISTER OF PARIS, of an excellent quality, FOR SALE, AS USUAL, BY WILLIAM DAVIDSON.
MILITARY CERTIFICATES. FOR SALE, Certificates of this State, bearing interest of 6 per cent, and receivable at the Treasury for all arrearages of taxes, prior to the year 1788.
GEORGE WILY, BROKER & COMMISSION MERCHANT, Near the Basin. BUYS and sells all kinds of Produce—Also, Lands & Lots, and houses, Bank Stock, &c.
ROBERT GORDON, & Co. HAVE imported by the Jason, just arrived from Madeira, and now landing at Rocketts, a quantity of Wine from Murdoch Mafferson & Co.
Printing, IN ALL ITS VARIETY, EXECUTED AT THE OFFICE of the ENQUIRER.
TO BE SOLD. All that TRACT OF LAND, late Presley Thornton, Esquire's, situated in Northumberland county, Virginia, lying immediately on the Potomac River. The following description is given of this property by persons well acquainted with it...
FOR LONDON. THE fast sailing Ship Spy, now at Norfolk, and ready to receive a cargo immediately at the moderate freight of £. 4 per hhd. and 5 per cent. primage.
JOHN TOMPKINS, HAS just received a fresh supply of OLD COGNAC BRANDY, a part of the same shipment of his former parcel. Also, a few hds. of ANTIGUA RUM, of good quality.
PICKLING VINEGAR. GROCERS, Tavern-Keepers and Private Families may be supplied with VINEGAR of a very superior quality, by the barrel, gallon or less quantity and at an uncommonly low price by HART & SOUTHGATE.
LAND—FOR SALE. IN the county of Lunenburg, lying within one mile of the Court-house, on Couch's creek; this tract contains seven hundred and fifty acres, one hundred and fifty of which is cleared; comfortably improved for the accommodation of a family.
TO BE SOLD, FOR CASH. I am requested by David Patterson, Junr. to expose for sale, as trustee, the whole or so much of the property in the trust deed conveyed, bearing date the 27th February, 1804, consisting of the following slaves, viz. JACK, a lad, TOM, a boy, KATE and her children, BILLY, SALLY and HENRY; SUCKY, and her two children named FANNY and JEFFERSON...
TO BE SOLD, FOR CASH. I am requested by David Patterson, Junr. to expose for sale, as trustee, the whole or so much of the property in the trust deed conveyed, bearing date the 16th day of April last, consisting of the following slaves, viz. JACK, a lad, TOM, a boy, KATE and her children, BILLY, SALLY and HENRY; SUCKY, and her two children named FANNY and JEFFERSON...
FOR SALE—BY THE SUBSCRIBER: LOAF SUGAR, by the hhd. bbl. or single loaf, direct from Pennington's Manufactory, Philadelphia: SOAL and UPPER LEATHER, on moderate terms. MICAH SAH DAVIS.
TO BE SOLD. On liberal credit, and in lots to suit purchasers, FROM two hundred and fifty to three hundred acres of LAND, in the county of Henrico, about four miles from Richmond—a distance which renders it but little liable to pillage, yet sufficiently near to one of the best and most improving markets in the United States.
FOR SALE. A Very valuable shoemaker. For terms apply to the Editor of the Enquirer. Richmond County Court, June 1805.
IN CHANCERY. Vincent Redman, Compt. Against Ann Y. McNeill, William R. Kellett, and Barnes Beckwith, Defts.
EIGHT DOLLARS REWARD. RAN AWAY on Friday the 9th inst. a negro woman by the name of JILLY, of a middling size, dark complexion, has a smile on her countenance when spoken to. She will probably appear in a black Silk or white Muslin gown, as she has many very good clothes, and is fond of dress.
FAIRFIELD RACES.
ON Monday the 30th of September, will be run for over the FAIRFIELD COURSE, the great PRODUCE SWEEPSTAKE. To this race there are twenty-three subscribers, at 200 dollars each; half forfeit if the Dam named produced a Foal. Distance, two mile heats—Subscription closed.
TO RENT. A BRICK LUMBER HOUSE on the Daron. German Osnaburgs, by the piece or bale, Gen. Medock Claret, of vintage of '01 3/4 in boxes of Soturn Wine of the vintage of do. 3/4 b. each.
BENJAMIN DUVAL, AT THE SIGN OF THE GOLDEN MORTAR, RICHMOND, HAS just received a very large and extensive assortment of fresh MEDICINES, SURGEON'S INSTRUMENTS, DRUGS and DYE-STUFFS, PAINTS of all kinds, OIL, VARNISHES, PUTTY, &c.
HATTERS' MATERIALS, CONSISTING OF Hatters' Irons, Crude Tartar, Logwood, Baon Irons, Copppers, Baon-Strings, Virdegreafe, Linings, Fustick, Calicos, Spanish Indigo, Taffet Bands, Oil of Vitriol, Rubbing Dishes, Aq. Fortis, Stumpers, Quickilver, Trenchers, &c.
DOCTOR WILSON HAS removed his Apothecary Shop to the lower 1/2 floor of the Bell Tavern, where he has a general supply of MEDICINES, PAINTS, & OTHER ARTICLES IN THE APOTHECARY LINE.
POLITE ACCOMPLISHMENTS FOR YOUNG LADIES, AT WILLIAMSBURG. O those who are acquainted with the excellent society of Williamsburg, a recommendation of it as an eligible scene for the education of Young Ladies, is unnecessary. Mr. & Mrs. Anderson, who continue to receive some pupils into their family, have endeavored to add to the advantages of the situation, by forming an establishment, intended to unite, under the same roof, the various branches of female instruction and improvement.
NEAL NELSON, BOOT & SHOE MANUFACTURER, MAIN-STREET, RICHMOND, MAKES Boots & Shoes to any pattern or fashion, equal in point of Materials and Workmanship to any in general use. Imported Boots and Shoes, of the first quality and newest fashion, for sale.
BENJAMIN STETSON, INFORMS his friends and the public in general he has for sale, 400 gallons Holland's Linseed Oil, White Lead and Spanish Brown ground in Oil, Patent Green ground in ditto, Verdigris and Spanish Brown, dry; 8 by 10 Window Glass, & Putty; 24, 36, 48, 60, 80, 100, and 200 Nails, two Casks Spike Nails, Bar Iron, German and Blistered Steel; general assortment of Iron Hollow Ware; 10 Hds. Molasses, French Brandy, West-India and New-England Rum, Tea, Coffee, Leaf and Brown Sugar, Chocolate, Mens, fine and coarse Shees, Ladies Kid & Morocco and Leather Slippers; 8 Boxes Cotton and Wool Cards assorted; half pint and quart Tumblers, small invoice elegant cut glass, Bone ware, German Ozenburgs, 50 Casks Salt, Novacotin Grind Stones, and many other articles in store, which he will sell cheap for cash or country produce.
ELLIS & ALLAN, HAVE JUST RECEIVED, PER THE SHIP MARY, FROM LIVERPOOL: Four hundred Sacks of SALT, Liverpool filled—Also, a few dozen Ballast SHOVELS and SPADES; which, with a number of articles in the hardware line, renders their assortment pretty general.
A GENERAL ASSORTMENT OF BLANKS, FOR SALE AT THIS OFFICE. RAGS. THE HIGHEST PRICE (IN CASH) WILL BE GIVEN AT THIS OFFICE FOR CLEAN LINEN & COTTON RAGS.