The enquirer (Richmond, Va.), 1805-05-28 00:00:00

for his adhering to their opinion in the one instance, and totally departing from their practice and example in the other? No excuse can be formed for this conduct. This is the strongest possible evidence of corrupt motives, of partiality, and a determined design to overleap all former rules of proceeding, to oppress the unfortunate defendant, that was arraigned at his bar for trial. The whole course of the judge's conduct in this transaction goes to establish the same spirit of oppression. Counsel are assigned the defendant, merely for the sake of form, and, as it were, to mock him in his misfortunes. The day of trial arrives. In the mean time the judge makes up his opinion on the law arising in the case, and, to add solemnity to the act, commits it to writing. There is no doubt, no dispute as to the facts. The prisoner is brought to the bar. Not a voice is permitted to plead his cause, until the solemn sentence of his legal conviction is made known; and thereby the avenues of his defence, that might lead to his acquittal, for ever closed.
Here let us pause a moment, and behold the unfortunate, and, in the language of his able counsel, poor Fries, trembling before his condemning judge; stript of the aid of counsel, his only and forlorn hope; the fatal fiat of his condemnation pronounced in the solemn language of a written opinion; and thus friendless, unprotected, and unheard, about to be consigned to the hand of the relentless executioner! Let us view this spectacle, and then let me ask, if this can be considered an impartial administration of justice. I might here charge the accused with having knowingly and wilfully trampled on the laws of his country, & overleaped the bounds of legal justice, to oppress a friendless individual brought before him for trial. I might call upon this honorable court, to vindicate the character of insulted justice, and demonstrate to the American people, that when their rights and liberties are invaded, even though under the sacred sanction of judicial authority, this high tribunal will always be found ready and willing to avenge their wrongs and protect their interests.
But it is alleged by the judge, that the offensive written opinion, that had been made known, was withdrawn, and that next day full latitude was offered to the counsel to argue both the law and the facts to the jury. This was a fallacious offer; it came too late to be of service to the defendant, or excuse the judge. The act on his part was done; the offence was complete; and it was only the sternness of the counsel that made him retract. The impression had been made on the minds of the jury, that could not be erased—the flame had been kindled by the firebrands he had scattered, which could not be extinguished by withdrawing the instruments that occasioned it. The experiment was as dangerous as it was novel, and can only be ascribed to the same spirit of oppression and political intolerance, that will be found to distinguish the whole conduct of the judge in his judicial career, during these transactions.
The respondent further insists, in his answer, that he cannot be impeached, except for some offence for which he may be indicted at law. This position cannot be supported by any fair construction of the provision in the constitution on this subject. It has already been attempted to be shown in the view taken of this constitutional provision, that in order to support an impeachment, it is not necessary to show that the offence charged is an indictable one, but only that it is a breach & violation of official duty; & I conceive that this is the only construction that can be adopted to give consistency to the constitution; to the mode of proceeding adopted under it in cases of impeachment; to reconcile with justice the nature of the judgment that must be rendered upon conviction, and to avoid the palpable absurdity that would follow a different construction, of punishing a man twice for the same offence. To the exposition already given of this provision in the constitution, I beg leave to refer the court as controverting the position here relied upon by the judge. But I would here further observe, in support of this doctrine, that according to the laws of England, a judge of a court of record is not accountable by indictment, for any thing done in open court; in his judicial capacity; and that he may plead to an action brought against him, for any such act, that he did it, (that is, what he was charged with) as a judge of record; and it would be a good justification. In support of this doctrine the court are referred to 2 Bac. ab. (new ed.) page 97—2 Hawk. 123—Jac. Law Dictionary, (new ed.) verbum judges. It appears from the same authorities, that the judges in England, are accountable in parliament only for opinions delivered by them in court; and are not, for such opinions, to be questioned before any other tribunal. This is the great protection and security that judges of courts of record have, that they are accountable for their official conduct only to the legislature; and are punishable at law only for such acts as would be indictable offences, independent of their official character. This view of the subject renders the judges, so far as regards their judicial conduct, independent of all tribunals except the legislature; and is certainly better calculated to preserve the independence and dignity of the judges, than that contended for in the answer. I cannot, therefore, entertain a reasonable doubt, that the true intent and meaning of the constitution will support this doctrine; and that it will be sanctioned by the opinion of this honorable court.
Mr. Campbell here observed that he had closed the remarks he proposed making on the first part of the subject, and, finding himself indisposed, expressed a wish that the court would adjourn.
Whereupon, the court rose.
European Intelligence.
BOSTON, May 14. FROM FRANCE.
By the arrival of the brig Orlando, Captain Cottier, yesterday, in 95 days from Morlaix, we have been favoured with a file of the Journal du Commerce to the 30th of March, Paris dates.
We find the whole attention of the Frenchmen again occupied with another event of glory, which shortly awaits their beloved Emperor. The Cardinal Fesch and M. de Segur, Grand Master of Ceremonies, had departed for Milan, on their route to attend the Coronation of Bonaparte as KING OF ITALY!
PARIS, March 27. The emperor has announced to the different branches of the government, his election as KING OF ITALY; and they have waited upon him with addresses of felicitation. The emperor has also issued a decree appointing the 26th of May for his coronation at Milan. The different public bodies in addressing Napoleon I. now style him "Emperor and King."
On Sunday last Prince Napoleon Louis was baptized. After which a splendid dinner was given to the royal family, nobility, &c. &c. Frejus, the place where the emperor landed on his return from Egypt is to be transformed into a very handsome port.
March 28.—Yesterday the tribunate in a body waited on the emperor, and felicitated him on the re-establishment of monarchy in Italy. March 29.—Cardinal Fesch, and M. de Segur, grand master of ceremonies have set off for Milan. We hear that the first Chamberlain of the Emperor, who is to convey to Milan the ornaments necessary at the coronation of the king of Italy, has also left Paris on his way thither.
The Russians continue to send troops to Corsu and the adjacent islands. The amusement of bull baiting has been abolished in Spain. Thirteen or fourteen houses have lately been destroyed by fire in the commune of Crillon, and vast quantities of grain and hay have been consumed.
HANOVER, March 16. By a sudden rise of the waters of the Elbe, 30 villages have been inundated, and vast damage has been suffered. The misery of the poor inhabitants defies description.
MADRID, March 5. Two hundred and fifty letters of marque have been delivered against the English, at different Spanish ports.
HAGUE, March 22. New Batavian Constitution.—The Legislative Body assembled to-day in a Committee of the whole in order to hear the reading of the reports of two commissions, charged with the examination of the proposition of the government of state relative to the project of the New Constitution, and of that concerning the raising of three terms of the imposition of the 9th July, 1804. Upon the first point the committee is of opinion, that the triple proposition ought to be sanctioned, which proposes, first, to submit the proposed constitution to the acceptance or the rejection of the Batavian people; 2dly, to propose to them the eventual nomination of M. J. R. Schimmelpennick, as first permanent Counsellor; 3dly, that both these propositions should be conformable to the principles of the publication of the 14th September, 1801. The commissioners have been led to adopt this opinion, principally from the reasons detailed in the message of the government of state, which require a change in our present social compact. After developing the reasons, which are deduced from the internal as well as external situation of the Republic, the commission declares that these considerations have produced in their minds an unanimous conviction that in the actual situation of public affairs, the existing institutions are no longer adequate to insure the happiness of the people, the sole object of the social compact.
Letters received from Spain state, that apprehensions were entertained of a descent by the British on Ferrol—and that troops were arriving from the interior at that place. N. Y. Mer. Adv.
LONDON, April 4. Continental Alliance.—A considerable number of letters were on Saturday received from Holland by a vessel which on Friday arrived at Gravesend. One from Rotterdam, dated on Tuesday, announces that previous to the departure of the Russian general Winzengerode from Berlin, the king presented him his picture on a snuff box set in diamonds. His majesty likewise delivered to him, with his own hands, a letter which he had himself written to the emperor Alexander, containing the ultimatum of the Prussian cabinet on the subjects which have lately been in discussion between the two courts. Prussia it is said, persists in her determination to oppose the military projects of Sweden, while Sweden has demanded the assistance of Russia by virtue of the first and third articles of the treaty of 1799, to vindicate her independence against the menaces of Prussia. These letters, in opposition to previous and more probable accounts, say, that Lubec continued on the 29th ultimo to refuse the contributions demanded by France, and had applied to the courts of Petersburg, Berlin, and Vienna, for redress.
This morning a mail from Gottenburg and Lisbon arrived. By the former, government has received dispatches from Petersburg, which are said to contain positive assurances on the part of the emperor Alexander of an immediate and powerful co-operation against France.—Orders are stated to have been issued from the Russian war department to prepare for actual service a force little short of 180,000 men. April 6. Dispatches received yesterday from Petersburg, are confidentially stated to contain intelligence which is the subject of much uneasiness to government, and is extremely different from that understood to have arrived by the Gottenburg mail. They were brought by Mr. Parsons, the messenger, who was also charged with interesting communications from the court of Stockholm. A very considerable alteration with respect to his becoming a zealous and vigorous co-operator in the protection of hostilities against France, is said to have taken place in the sentiments of the emperor Alexander, who, it is now asserted, declines all decisive or active interference in the war, and consents himself with offering his assistance for effecting the restoration of general tranquility. No inconsiderable degree of credit is given to this statement by persons of very high political connections; and we understand that to the sensation excited by it, is to be attributed the depression felt yesterday by the funds. Private accounts from Petersburg, which reach to the 12th ultimo, do not scruple to say, that any powerful co-operation on the part of Russia cannot be expected.—Traveller.
By the arrival of the Hamburg mail, we have received the following intelligence from our correspondent:—
Hamburg, April 8. The closest harmony now subsists between the courts of Prussia and France, and the former is very actively employed in adjusting differences between the latter and Russia. Letters from Petersburg of the 16th ult. even mention that Monsieur de Novellizow will shortly be sent as an extraordinary mission to Paris. Bonaparte has, it is said, as the price of a reconciliation offered to evacuate the electorate of Hanover. The number of the French troops in the electorate has already been considerably diminished. The great changes, however, in the state of upper Italy, and the state of the kingdom of Naples, will probably prevent this intended approximation.
The various regiments lately drawn from the French coast of the channel have received orders to re-occupy their former positions. Every officer and private absent on furlough have been ordered to join their regiments, even though the leave of absence should not have expired. All the generals are also to repair to their respective stations on the coast. Mafena is to have the chief command of the army of England; Augereau that of Ireland, and Marmont that of Scotland.
Berlin letters of the 30th ult. mention, that the Russian ambassador extraordinary will quit that city with the answer of his Prussian majesty on the 3d or 4th inst. Both he and his secretary received as presents snuff-boxes worth five thousand crowns each. General Zastrow is to go as minister plenipotentiary and extraordinary to the court of Petersburg. The Breck fleet consisting of 21 sail of the line and frigates, came out of Breck and anchored in Carmarthen Bay, where they remained 24 hours, and then returned to their old station. They appear to have an expedition in view, some of them having hay bogs on their quarters.
The grand expedition is on the point of sailing. Immense quantities of stores have been put on board, the shipping and the officers have embarked. Stocks—April 2, three per cent. consols 58 1/4—April 6, 57 1/2.
HOUSE OF COMMONS, March 25. CATHOLIC PETITION.
Mr. Fox & spoke to the following effect: "In the course of my parliamentary life I never recited to execute any duty with more satisfaction than I felt upon this occasion. Certainly I am happy in being the instrument to present a petition, which, whatever be its merits (upon which I shall make no observation at present) offers the most satisfactory proof that the great body of the Catholics of Ireland, whatever exceptions there may be, seek to remedy the grievances they feel by legal means—by an application to the Imperial Parliament—by a mode the most constitutional and respectful that could be devised." The Honourable Member, after having read some part of the Petition, concluded with moving for leave to bring it up, which being granted, the Petition was brought up and read as follows:
To the Right Hon. and Hon. the Knights, Citizens and Burgesses of the United Kingdom of Great Britain and Ireland, in Parliament assembled. The humble Petition of the Roman Catholics of Ireland, whose names are hereunto subscribed, on behalf of themselves, and of others his Majesty's subjects professing the Roman Catholic Religion, SIEWETH.
That your petitioners are steadfastly attached to the Person, Family, and Government of their most gracious Sovereign; that they are impressed with sentiments of affectionate gratitude for the benignant laws which have been enacted for ameliorating their condition during his paternal reign; and that they contemplate, with rational and decided predilection the admirable principles of the British Constitution.
Your petitioners most humbly state, that they have solemnly and publicly taken the oaths prescribed by law to his Majesty's Roman Catholic subjects as tests of political and moral principles; and they confidently appeal to the sufferings which they have long endured, and the sacrifices which they still make, rather than violate their consciences (by taking oaths of a religious or spiritual import contrary to their belief,) as decisive proofs of their profound and scrupulous reverence for the sacred obligation of an oath.
Your Petitioners beg leave to represent, that by these awful tests they bind themselves in the presence of the All-seeing Deity whom all classes of Christians adore, "to be faithful and bear true allegiance to their most gracious sovereign Lord King George the Third, and him to defend, to the utmost of their power, against all conspiracies and attempts whatsoever that shall be made against his person, crown or dignity, to do their utmost endeavours to disclose and make known to his Majesty and his Heirs, all treasons and traitorous conspiracies which may be formed against him or them, and faithfully to maintain, support, and defend to the utmost of their power the succession to the crown of his majesty's family against any persons whatsoever," that by those oaths, "they renounce and abjure obedience and allegiance to any other person claiming or pretending a right to the Crown of this realm; that they reject and detest, as unchristian and impious, to believe that it is lawful in any ways to injure any person or persons whatsoever, under pretence of their being Heretics, and also that unchristian and impious principle, that no faith is to be kept with Heretics; that it is no article of their faith, and that they renounce and reject, and abjure the opinion, that Princes, excommunicated by the Pope and Council, or by any authority whatsoever, may be deposed or murdered by their subjects or by any person whatsoever; they do not believe that the Pope of Rome, or any other foreign Prince, Prelate, State, or Potentate, hath, or ought to have any temporal or civil jurisdiction, power, superiority, or pre-eminence within this realm; that they firmly believe that no act, in itself unjust, immoral or wicked, can ever be justified or excused, by or under pretence or colour that it was done for the good of the Church, or in obedience to any Ecclesiastical power whatsoever, & that it is not an article of the Catholic faith; neither are they thereby required to believe or profess that the Pope is infallible, or that they are bound to obey any order in its own nature immoral, tho' the Pope or any Ecclesiastical Power should issue or direct any such order; but, on the contrary they hold, that it would be sinful to pay any respect or obedience thereto; that they do not believe that any sin whatsoever committed by them can be forgiven at the mere will of any Pope, or of any priest, or of any person or persons whatever, but that any person who receives absolution for the same without a sincere sorrow for them, and a firm & sincere resolution to avoid future guilt, and to atone to God, so far from obtaining thereby any remission of his sins, incurs the additional guilt of violating a sacrament;" and by the same solemn obligation, "they are bound and firmly pledged to defend to the utmost of their power, the settlement and arrangement of property in their country, as established by the laws now in being; that they have disclaimed, disavowed & solemnly abjured any intention to subvert the present church establishment, for the purpose of substituting a Catholic Establishment in its stead;" and that they have also solemnly sworn "that they will not exercise any privilege to which they are or may become entitled, to disturb or weaken the protestant religion or protestant government in Ireland."
Your petitioners most humbly beg leave to shew, that however painful it is to their feelings that it should still be thought necessary to exact such tests from them, (and from them alone of all his Majesty's subjects,) they can with perfect truth affirm, that the political and moral principles which are thereby asserted, are not only conformable to their opinions and habits, but are expressly inculcated by the religion which they profess; and your petitioners most humbly trust, that the religious doctrines which permit such tests to be taken, will be pronounced by this honourable house to be entitled to a toleration not merely partial but complete, under the happy constitution and government of this Realm; and that his Majesty's Roman Catholic subjects, holding those principles, will be considered as subjects, upon whose fidelity the State may repose the firmest reliance.
Your petitioners further most humbly shew, that twenty-six years has elapsed, since their most gracious Sovereign, and the honourable houses of parliament in Ireland, by their public and deliberate act, declared, that "from the uniform, peaceable behaviour of the Roman Catholics of Ireland for a long series of years, it appears reasonable and expedient to relax the disabilities and incapacities under which they laboured, and that it must tend not only to the cultivation and improvement of this kingdom, but to the prosperity and strength of all his Majesty's dominions that his Majesty's subjects of all denominations should enjoy the blessings of a free constitution, and should be bound to each other by mutual affection—a declaration, founded upon unerring principles of justice and sound policy, which still remains to be carried into full effect;" although your petitioners are impressed with a belief that the apprehensions which retarded its beneficial operation previous to the union, cannot exist in the parliament of the United Kingdom.
For your petitioners most humbly shew, that by virtue of divers statutes, now in force, his Majesty's Roman Catholic subjects, who form so great a proportion of the population of Ireland, and contribute so largely to the resources of the state, do yet labour under many incapacities, restraints and privations, which affect them with peculiar severity in almost every relation of life; that, more especially, they are denied the capacity of sitting or voting in either of the honourable houses of parliament, the manifold evils consequent upon which incapacity, they trust it is unnecessary to unfold or enumerate to this honourable house.
They are disabled from holding or exercising, unless by a special dispensation, any corporate office whatsoever in the cities and towns in which they reside; they are incapacitated and disqualified from holding or exercising the offices of sheriffs and sub-sheriffs, and various offices of trust, honour and emolument in the state, in his majesty's military and naval service, & in the administration of the law, in this their native land.
Your petitioners, declining to enter into the principal detail of the many incapacities and inconveniences avowedly inflicted by those statutes upon his majesty's Roman Catholic subjects, beg leave, however, most earnestly to solicit the attention of this honourable house to the humiliating and ignominious system of exclusion, reproach and suspicion, which those statutes generate and keep alive.
For your petitioners most humbly shew, that in consequence of the hostile spirit thereby fancied, their hopes of enjoying even the privileges which, through the benignity of their most gracious sovereign, they have been capacitated to enjoy, are nearly altogether frustrated, in so much, that they are in effect shut out from almost all the honours, dignities, and offices of trust and emolument in the state, from rank & distinction in his majesty's army and navy, and even from the lowest situations and franchises in the several cities and corporate towns throughout his majesty's dominions.
And your petitioners severely feel, that this unqualified interdict of those of their communion from all municipal stations, from the franchises of all guilds and corporations, and from the patronage and benefits annexed to those situations, is not an evil terminating in itself; for they beg leave to state, that by giving an advantage over those of their communion to others, by whom such situations are exclusively possessed, it establishes a species of qualified monopoly, universally operating in their dis favour, contrary to the spirit, and highly detrimental to the freedom of trade.
Your petitioners likewise severely feel, that his majesty's Roman Catholic subjects, in consequence of their exclusion from the offices of sheriffs and sub-sheriffs, and of the hostile spirit of those statutes, do not fully enjoy certain other inestimable privileges of the British Constitution, which the law has most jealously maintained and secured to their fellow subjects.
Your petitioners most humbly beg leave to solicit the attention of this honourable house to the distinction which has conceded the elective, and denies the representative franchise to one & the same class of his majesty's subjects; which detaches from property its proportion of its political power under a constitution, whose vital principle is the union of the one with the other; which closes every avenue of legalised ambition against those who must be presumed to have great credit and influence amongst the mass of the population of the country; which refuses to Peers of the Realm all share in the legislative representation, either actual or virtual, and renders the liberal profession of the law to Roman Catholics a mere object of pecuniary traffic, deplored of its hopes and of its honours.
Your petitioners further most humbly shew, that the exclusion of so numerous and efficient a portion of his majesty's subjects as the Roman Catholics of this realm, from civil honours and offices, and from advancement in his majesty's army and navy, actually impairs, in a very material degree, the most valuable resources of the British empire, by impeding his majesty's general service, stifling the most honourable and powerful incentives to military and civil merit, and unnecessarily restricting the exercise of that bright prerogative of the crown, which encourages good subjects to promote the public welfare, and excites them to meritorious actions, by a well regulated distribution of public honors and rewards.
Your petitioners beg leave most humbly to submit, that those manifold incapacities, restraints, and privations, are absolutely repugnant to the liberal and comprehensive principles recognized by their most gracious sovereign and the Parliament of Ireland; that they are impious restraints upon his majesty's royal prerogative, that they are hurtful and vexatious to the feelings of a loyal and generous people, and that the total abolition of them will be found not only compatible with, but highly conducive to, the perfect security of every establishment, religious, or political, now existing in this realm.
For, your petitioners most explicitly declare that they do not seek or wish, in the remotest degree, to injure or encroach upon "the rights, privileges, immunities, possessions, or revenues appertaining to the bishops and clergy of the protestant religion, as by law established, or to the churches committed to their charge, or to any of them." The sole object of your petitioners, with their fellow subjects, of the full benefits of the British laws and constitution.
Your petitioners beg leave most humbly to observe, that although they might well and justly insist upon the firm and unabated loyalty of his majesty's Roman Catholic subjects to their most gracious sovereign, their profound respect to the legislature, and their dutiful submission to the laws, yet they most especially rest their humble claims and expectations of relief, upon the clear and manifest conduciveness of the measure which they solicit, to the general and permanent tranquility, strength and happiness of the British empire; and your petitioners, entertaining no doubt of its final accomplishment, from its evident justice and utility, do most solemnly assure this honourable house that their earnest solicitude for it at this peculiar crisis, arises principally from their anxious desire to extinguish all motives to disunion, and all means of exciting discontent.
For your petitioners most humbly state it as their decided opinion, that the enemies of the British empire, who meditate the subjugation of Ireland, have no hope of success, save in the disunion of its inhabitants; & therefore it is that
your petitioners are deeply anxious at this moment, that a measure should be accomplished which will annihilate the principle of religious animosity, and animate all descriptions of his majesty's subjects in an enthusiastic defence of the best constitution that has ever yet been established.
Your petitioners therefore, most humbly presume to express their earnest but respectful hope, that this honourable house will, in its wisdom and liberality, deem the several statutes now in force against them, no longer necessary to be retained, and that his majesty's loyal and dutiful subjects professing the Roman Catholic religion, may be effectually relieved from the operation of those statutes, and that so they may be restored to the full enjoyment of the benefits of the British constitution, and to every inducement of attachment to that constitution, equally and in common with their fellow subjects throughout the British empire.
And your petitioners will ever pray, &c. After some debate relative to the time for the discussion of the petition, the 9th of May was fixed on.
Miscellaneous. The visits of His Holiness in Paris not only serve to explain the constant homage paid him by the French in that sea of the arts, but, by the exhibition, to explain the progress of the useful arts in that Great Nation. On the first of February, His Holiness visited the Imperial press. As he passed along the Galleries, 150 on which was given the Lord's Prayer in some different Language or dialect. He recite the names as they are mentioned. In Hebrew, Samaritan, Chaldee, ancient Syriac, Rabbinical, and so in the languages and letters of the Coptic, of the Malay, of Java, of Indostan, of In 46 dialects of Asia. We cannot recite all the European languages and dialects, but they amounted to 75. Africa furnished twelve, and America the remainder. The reputation of the French Press is well known, and the attention to every thing curious in the art of Printing ennobled the French to pass before the eyes of the Holy Father, whatever had been employed to improve or enrich the most useful art of man. We have before our eyes a curious collection of the ancient alphabets made in Germany several years ago, upon which the Donor writes. This is a scarce print, from Professor Bultner, formerly of Gottingen, now at Jena, and in his 83d year. This studious man, learned in natural history, and of an extensive acquaintance with languages in general, has been making collections for almost fifty years. In industry and too modesty, strange as it is, to publish his labours are confined to the Continent. In England among many works highly honorable to the national character and beneficial to Literature & the arts, is announced a collection, entitled, Selection of Modern Classics. It is to contain translations of the best Italian, French & German authors, with observations on their lives and writings. In that part of the work already Zimmerman, Bernadin de St. Pierre, Gellner, Madame de Genlis, Marmontel, Augustus Le Fontaine, Goethe, Klopstock, Lavater, Buffon, Gellert, Haller, Rollin, Florian, Fencelon, Montaigne, Fontenelle, Rousseau, Sturm, Fencelon, J. Garve, Wieland, Barthelemey, Voltaire. It is printing in numbers at a shilling each.
Sal. Fig. The present emperor of Russia is pursuing a policy very different from that which characterized Peter the Great, when he directed his arms to enrich Peterstburg. He has given orders at the Public expense, to clear the channel of the Dwina, and to construct new canals in the neighbourhood of Archangel. The Dwina because it is formed from a union of the Suchona and Yug. It is navigable to a great distance, six miles from the white sea. Archangel rose from a castle built by Basilowits II. to protect the trade, and after the English used the trade it became known to all European nations. This foreign trade was prohibited by Peter the Great, in order to enrich Peterstburg and Archangel, was confined to neighbouring provinces. Commerce is in all countries deriving advantages from that enlightened policy, which continues to give it freedom, and by it to bless mankind.—Ib.
FROM A PARIS GAZETTE, February 27. A QUESTION OF JURISPRUDENCE.
"A foreigner, can he pursue before the tribunals of France another foreigner, to oblige him to fulfil the stipulations of a contract made in France, and which ought to be executed in France?" The decision of the court of appeal, sitting at Paris, in its audience of the 4th of Ventose determined this question negative y.
Mr. Montflore citizen of the United States of America, brought a suit against Mr. Skipwith commercial agent of the United States, and a citizen of the said States. This suit had for its object the execution of agreement subscribed by each party, at Paris for operations which could only take place at Paris. It was brought before the tribunal of commerce of Paris; Mr. Skipwith refused to acknowledge the jurisdiction of the tribunal, and demanded that it should be remanded before the tribunals of the United States; the tribunal qualified his plea, and Mr. Skipwith having appealed from the judgment he was affirmed in his appeal by the court of appeals. As the tribunals of the United States take no cognizance of actions brought against an absent person, when the absentee is in a foreign country on a mission from his government, all the commercial agents of the United States in France by the above decision, are secured from all suits brought by their fellow citizens as long as they reside in France.
From the London Morning Chronicle. IMPRISONMENT OF MR. TODD JONES.
The case of Mr. Todd Jones, who has been so long detained in prison, without any charge made against him, notwithstanding his repeated applications for a trial, notwithstanding even of an implied acknowledgment of his innocence, deserves the particular attention of every man who values the principles of the British constitution. Upon the precedent of Mr. Jones's case every gentleman in Ireland enjoys the blessing of personal liberty merely at the pleasure of the government. In proportion as the people of Ireland are removed from the fear of government, & as they are separated from the sympathies and feelings of the people of England, it is incumbent on those who are desirous that the union should be real, to turn the attention of parliament to transactions like this, and to show that the legislature of this country is paternal and protective towards all who are represented in it. We sincerely hope that the treatment experienced by Mr. Jones will be made the subject of enquiry in parliament. We will, indeed, it could have preceded the suspension of the habeas corpus act.
Mr. Jones has sent the following circular letter to members of parliament, and it should likewise be made known to the public.
† This is the preamble of the Irish statute of 1778, when the relaxation commenced. ‡ This comprehends the very words of his majesty's coronation oath.

CATHOLIC PETITION.
The petition of the Catholics of Ireland which appears in this day's paper is earnestly recommended to the attentive consideration of the reader.
To men who admit that an universal toleration is the best practicable policy; that all christian sects should enjoy the same privileges and immunities; that there exists no authority on earth to judge of the dispositions of heaven;
There was indeed an epoch in the English history, when the condition of that country might have approved and even demanded such an oppressive policy.
Oppressed as the catholics of Ireland have been, they have only partaken of the same waters of bitterness, which have deluged their unhappy country.
Whether they have received any material improvements since the age of Swift; whether the union of the two countries has really tended to ameliorate their multifarious oppressions;
Amidst that vast swarm of British and French privateers which at this time infests our trade in the W. Indies, we have observed without surprise, the appearance of a new and we fear, a more piratical enemy.
of the union itself with Great Britain are not even yet perfectly developed, yet there is not a man in this country who does not perceive the great defects attendant upon such an union.
When I avowed my hostility to such an union with England, I did not mean to insinuate that I was an enemy to any union whatever.
The returns of senators are complete (says a federal print) with the exception of one vacancy in the county of York.
The representative system of Massachusetts is different from that of Virginia and of most of the other states in two important principles.
The representative system of Massachusetts is different from that of Virginia and of most of the other states in two important principles.
Now, if all this be true (upon which I could easily enlarge) I should be glad to know, by secret method it is, that we grow a rich and flourishing people, without liberty, trade, manufactures, inhabitants, money, or the privilege of coining;
Whether they have received any material improvements since the age of Swift; whether the union of the two countries has really tended to ameliorate their multifarious oppressions;
Amidst that vast swarm of British and French privateers which at this time infests our trade in the W. Indies, we have observed without surprise, the appearance of a new and we fear, a more piratical enemy.
Amidst that vast swarm of British and French privateers which at this time infests our trade in the W. Indies, we have observed without surprise, the appearance of a new and we fear, a more piratical enemy.
ple of Hayti, should fall into such excesses, when we observe that the inhabitants of civilized and settled states, with much ampler means of acquiring wealth by honorable industry, and with a regular government to control their excesses, do not blush at perpetrating the very same enormities?
1. They will be once more subdued by the arms of the French and compelled to observe to the subordination and rules of a civilized government.
2. Civilized countries by maintaining with them an equal and equitable commerce, must convince them that the profits of a peaceful industry, are more abundant and delightful than the spoils of piracy.
3. Or they must become like the pirates of the Mediterranean, the scourge of all civilized nations.
Stat tempore umbra! Don Josef de Cabrera, lately imprisoned in Philadelphia, for forging a check on the Bank of Pennsylvania, has been given up by his Catholic majesty to the laws of Pennsylvania.
By Last Evening's Mail. NEW-YORK, May 22. We learn verbally from Captain Davis, who left Bordeaux on the 5th of April, that the Brest and Toulon fleets had not failed; and that the markets were good at Bordeaux for coffee, cotton, cocoa, pepper, and mankeens.
From the Newburyport Herald, May 17. We are confirmed in the belief, that there is no foundation in the story from Salem, of the taking of Jamaica, as captain Herrick, whom we have just conversed with, failed in company with capt. Harraden, and heard nothing of the report when he left the Havanna.
PHILADELPHIA, May 23. Extract of a letter from Lisbon, dated 6th April 1805. Your nation is not the only one at war with the Barbary Powers, the Algerines, have lately done much damage to the Portuguese in taking 21 vessels, in consequence of which a squadron composed of two 74 gun ships, and six frigates of 44 guns, set sail this day to blockade the port of Algiers.
What might have been expected. We have it from undoubted authority that Captain Bradley, who was lately displaced from the command of the British frigate Cambrian, on the American station, has got the command of a fine seventy-four gun ship, one of the Channel fleet!
Norfolk Herald.
Sales at Auction.
Will be sold, at the Lumber-House of the subscribers, TOMORROW, the 29th inst. at 11 o'clock: 10 hds. prime old Antigua Rum, 34 proof; 10 do. very good 3d proof Windward Island Rum, 5 pipes 4th proof French Brandy, of sup. quality, 5 do. Holland Gin, 5 do. Madeira Wine, of superior quality—for approved endorsed negotiable notes in the Bank of Virginia, at 6 months.
WILL BE SOLD.
By virtue of a decree of the Superior Court of Chancery for Richmond District, on the 15th June next, at 12 months credit, on the premises: VALUABLE MILL SEAT, and ten acres of LAND, on Powhite creek, about two & a half miles from James river and eight from Manchester—on this seat was formerly a mill; it is in a good neighbourhood for grit.
IN HANOVER COUNTY COURT.
April 29th, 1805. Austin Morris, Plaintiff. John Crenshaw, Defendant. THIS day came the plaintiff by his counsel, and the defendant not having entered his appearance and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court, that he is not an inhabitant of this country, on the motion of the plaintiff it is Decreed and Ordered, That the defendant do appear here on the first day of the next quarterly term, and answer the bill of the plaintiff; and that a copy of this order be forthwith published in some one of the newspapers printed in the city of Richmond, for two months successively, and that another copy be posted at the front door of the Court-house in this county.
Prevoost Prison, near Cork, January 13, 1805. Sir—I still continue detained, as when I printed my letters to Mr. Wickham, in the same unaccountable and unjustifiable imprisonment, now for upwards of seventeen months, and sustaining all the rigors of a second winter in a military gaol, after having recently prayed for a trial, or an examination by unqualified purgation upon oath.
I have also been by this imprisonment (an imprisonment I believe, which, by deceiving the Irish government, arises from the source of private malice, the malice of which is too obvious to stand the bare test of investigation) been most materially injured in my pecuniary credit, which has induced, by the conclusions they naturally drew from it, all the few creditors I had, to come down upon me at once for an immediate discharge of their demands; and to avoid the expense of proceedings at law, I have been obliged to give up to them the whole of my moderate income, and to submit solely upon the good will of others.
It would appear, therefore, that a man now in Ireland, unimpeached of any delinquency, free from any specific charge, and declared innocent by a chief secretary of his excellency the Lord Lieutenant, is deprived of his liberty, his reputation, his health, and his pecuniary credit, without any recourse to redress—this is a fearful position; and becomes the case of every man in Ireland, of whatever station, property and ability.
I should deem my case, under all its peculiar circumstances, some of them very rancorous, to afford ground on which to institute an enquiry into the present state of Ireland. Very speedily after my arrest, I received, through the letter of Mr. Saurin, barrister at law, an offer of instant and unconditional liberation from Mr. Wickham, Dublin castle, with this proviso, that at my own time, and the condition to be a secret from the world, I should cross over into England;—but which might bear an implication of any stain, I instantly refused—I stood, as I now stand, upon magna charta the habeas corpus, the bill of rights and the liberty of the subject;—there is a "wanton levity in my imprisonment," under my peculiar circumstances, which, in the language of Mr. Burke, "is as totally unauthorised by the practice of good times, as it is irreconcilable to the principles of our government."
Alas! here I am, the victim of martial law.
I am now of the age of fifty-two years, thus oppressed, unaided, and unrelieved; and I cannot estimate my damages in loss of time, of health, of reputation, and of pecuniary credit, to be under thirty-four thousand pounds;—indeed, in my own person, I know not what compensation to me can be effected commensurate for near two years close imprisonment, with all its train of total solicitude, subjection to others, and the countless mental anxieties and indignities, incident to and necessarily interwoven with the thralldom of a prevoost gaol.
I have the honor to be, Sir,
WILLIAM TODD JONES.
Rome, March 5.
Cardinal Sommaglia has invited the clergy to preach against the indecency of the dress of females.
FROM A LATE BERMUDA PAPER.
Two papers in a bottle were picked up by a fishing boat off the west end of these islands, in lat. 32, 17. N. long. 64, 80, W. about the 2d of December last—The gentleman in whose possession they now are has favoured us with the following copies requesting to insert them in our Gazette:
Delona, June 6, 1802.
DEAR ROBERT,
This will be the third bottle I have thrown overboard since we left Port Royal. On our passage from Gibraltar, I threw over several. In all probability, none of them will ever be heard of. However as I promised, and do really think that, if other done some good might arise from it, I shall not prevent me.
We are now clear of Newfoundland, and should no collateral current alter its course and St. Pierre's other way be right, it will go from one pole to the other alternately, as they are in a state of confusion, till picked up by some vessel—Without an idea of its ever coming to hand, from the immense way it has to go: but for the reasons before assigned this goes.
Your affectionate brother,
THOMAS SOUTHY.
From Lat. 44, 40, long. 45, 6.
P. S. On looking I see Greenland lies directly in its track; but as it is summer it must go to the southward first.
To Robert Southy, Esq.
Bristol, England.
A correct knowledge of the currents being of great consequence to navigation, and St. Pierre's theory of them being very ingenious, I have thrown this overboard by way of experiment. Whoever may find it is requested to forward the letter as it is directed: marking on it the lat. long. and time when found.
His Majesty's ship Delona of 74 guns, June 6, 1802.
—In lat. 44, 40, N. long. 45, 6, W.
Found December 2, 1804, in lat. 32, 17, N. long. 64, 80, W. off the west end of Bermuda.
* The reader is referred to the first volume of St. Pierre's "Studies of nature."
Daily Adv.
West Indies.
JAMAICA TAKEN.
NEW-YORK, May 21.
A gentleman who came passenger in the fch. Venetia, from Martinique, informs us that a report prevailed there of the Toulon fleet, under Admiral Gantheume, having arrived in the West-Indies, with 15,000 troops on board, destined to make an attack on the island of Jamaica.
Merc. Adv.
Capt. Fairchild, of the Aurora from Havanna, informs that an express had arrived overland from St. Jago with information that a French and Spanish fleet of 21 sail of the line was off Jamaica, and had summoned it to surrender, allowing 24 hours to consider the proposal.
Capt. Bennet, of fch. Venetia from Martinique, says a fch.oner had arrived in 25 days from France with dispatches, stating that some ships of the line from Toulon and some from Brest had formed a junction and failed for Jamaica, and it was reported that they had been joined by the Rochefort squadron, and attacked Jamaica.
The sloop Little Rebecca from Jamaica brings no intelligence respecting these squadrons. We know not what credit to attach to the reports. Our readers must judge for themselves.
(Though the report of the capture of Jamaica appears to come to us through three different channels, two from the Havanna and one from Martinique, yet neither of them is direct or well corroborated by pecuniary circumstances, as to improve us with any confidence in its truth. If Jamaica has been taken by the French, it could not have been effected by the squadron from Rochefort, for that was much too weak ever to undertake such an enterprise: nor by the fleet
from Brest; for, according to our latest accounts, that fleet had once more sought an asylum in its own harbour. This enterprise, therefore, must have been undertaken by the squadron from Toulon; yet we have London accounts down to the 8th of April, and a Paris paper to the 30th of March, which do not once mention its leaving port.
The capture of Jamaica by the Toulon fleet would certainly be a most valuable desideratum to the French, and a most serious misfortune to Great-Britain.
In this manner, before a British reinforcement could arrive in the West-Indies, the French might have made several acquisitions of which it would be difficult afterwards to dispose of them, and some of them of so much importance to the British, as would induce them to accelerate the termination of hostilities, and would give the French a considerable advantage in adjusting the preliminaries of peace.
We will observe, en passant, that an article from the Nat. Int. which appeared in our last paper, announcing the probable continuation of our trade with Jamaica after the 31st inst. is derived from the most authentic source.
See news by Last Evening's Mail.
The Editor of the Bahama Royal Gazette in his paper of the 3d inst. informs that the Captain of an American vessel, which had been detained at Barracoa by a French privateer, arrived at Principe on the 17th ult. with the intelligence that a day or two previous to his having made the windward islands he had been 36 hours in company with an English squadron, consisting of twenty-five sail of the line, frigates, and brigs, destined for the West-Indies.
N. Y. Merc. Adv.
HENRY HILL, jun. Esq. of New-York, has been appointed Consul for the United States, at the port of Havanna.
PHILADELPHIA, May 21.
CHEVALIER DE FORONDA,
Consul General from his Catholic Majesty to the United States.
Announces to the Merchants & Traders thereof, his having this day received official information from the Intendant of the Havanna, of the admission there of Dry Goods, Liquors and Provisions, in neutral vessels, under similar restrictions as those imposed on the commerce of Spain—observing as an indispensable circumstance, in order to be admitted to an entry, that such vessels must have their clearances direct for said port.
Consular Office, May 18, 1805.
Domestic Intelligence.
In the House of Lords, April 5, when the "American Ships' Licence Bill" was reported, Lord Sheffield expressed his disapprobation of the principle of the Bill, and protested against extending such advantages to Foreign Ship Owners, when the Ship Owners of this country, were many of them, notoriously in a state of insolvency, occasioned by want of employment for their tonnage.
It is said to be a fact that Commodore PREBLE, who declines an appointment to the Secretary of the Navy, is soon to be commissioned by administration to make a tour of Great Britain, and visit the several navy-yards, for the purpose of collecting accurate and useful information on all subjects connected with the art of naval architecture, or that of maritime warfare.
Farmer's Museum.
CONNECTICUT. Hartford, May 16.
The votes for governor were as follows:
For Trumbull, 12,700
Hart, 7,810
The votes of seven or eight towns were rejected—if none had been rejected, Trumbull would have had about 13,000 and Hart about 8,300. The republican votes for governor have increased upwards of a thousand since the last year, and there are five more Republican Representatives than were chosen in Sept. last.
Appointment by the President.
John B. C. Lucas and Clement B. Penrose, Esqrs. Commissioners for adjusting land claims in the district of Louisiana.
FIFTY DOLLARS REWARD.
RUN away from the subscriber, on 21st inst. a mulatto man named JOHN, alias JOHN STRANGE. He is rather of small stature, well set, has a round and remarkably pleasing visage, and is an excellent house-servant, hofler, and driver.
It taken within this County, (Hanover), and brought to me or secured in goal, I will pay 20 Dollars:—if in Richmond, or at any place 20 miles from my residence, and secured in goal, 30 Dollars:—and 50 Dollars, if taken, in Norfolk, Alexandria, Baltimore, or any other place 50 miles distant, and brought to me, or secured in goal in Norfolk.
SPENCER ROANE.
Spring Garden, near Hanover, town, May 28, 1805. (sp2w&1aw4w)

REPORT Of the Secretary of State, on the Privileges and Restrictions on the Commerce of the United States in Foreign Countries. [CONCLUDED.]
With our neighbours, an order of things much harder prevents itself. SPAIN and PORTUGAL refuse, to those parts of America which they govern, all direct intercourse with any people but themselves. The commodities in mutual demand, between them and their neighbours, must be carried to be exchanged in some port of the dominant country; and the transportation between that and the subject-state must be in a domestic bot- tom.
FRANCE by a standing law, permits her W. India possessions to receive directly our vegeta- bles, live provisions, horses, wood, tar, pitch, and turpentine, rice, and maize, and prohibits our other bread-stuff; but a suspension of this prohibition having been left to the colonial le- gislatures, in times of scarcity, it was formerly suspended occasionally, but latterly without in- terruption.
Our fish and salted provisions (except pork) are received in their islands under a duty of three colonial livres the kental, and our vessels are as free as their own to carry commodities thither, and to bring away rum and molasses.
GREAT-BRITAIN admits in her islands, our vegetables, live provisions, horses, wood, tar, pitch, and turpentine, rice, and bread-stuff, by a proclamation of her executive, limited al- ways to the term of a year, but hitherto renew- ed from year to year. She prohibits our salted fish, and other salted provisions. She does not permit our vessels to carry thither our own pro- duce. Her vessels alone, may take it from us, and bring in exchange, rum, molasses, sugar, coffee, cocoa-nuts, ginger, and pimento. There are, indeed, some freedoms in the island of Do- minica, but, under such circumstances, as to be little used by us. In the British continental co- lonies, and in Newfoundland, all our produc- tions are prohibited, and our vessels forbidden to enter their ports. Their governors, however, in times of distress, have power to permit a tem- porary importation of certain articles, in their own bottoms, but not in ours.
Our citizens cannot reside as merchants or factors within any of the British plantations, this being expressly prohibited by the same sta- tute of 12. Car. 2. C. 18, commonly called the navigation act.
In the DANISH-AMERICAN possessions, a duty of five per cent. is levied on our corn, corn- meal, rice, tobacco, wood, salted fish, indigo, horses, mules, and live stock; and of ten per cent. on our flour, salted pork, and beef, tar, pitch, and turpentine.
In the AMERICAN islands of the UNITED NETHERLANDS and SWEDEN, our vessels and produce are received, subject to duties, not so heavy as to have been complained of: but they are heavier in the Dutch possessions on the continent.
To sum up these RESTRICTIONS, so far as they are important:
1st. IN EUROPE— Our bread-stuff is at most times under prohibi- tory duties in England, and considerably du- ties on re-exportation from Spain to her colo- nies.
Our tobaccoes are heavily dutied in England, Sweden and France, and prohibited in Spain, and Portugal.
Our rice is heavily dutied in England and Sweden, and prohibited in Portugal.
Our fish and salted provisions are prohibited in England, and under prohibitory duties in France.
Our whale-oils are prohibited in England and Portugal.
And our vessels are denied naturalization in England, and of late in France.
2d. IN THE WEST-INDIES— All intercourse is prohibited with the posses- sions of Spain, and Portugal.
Our salted provisions and fish are prohibited by England.
Our salted pork, and bread-stuff (except maize) are received under temporary laws only, in the dominions of France, and our salted fish pays there a weighty duty.
3d. IN THE ARTICLE OF NAVIGATION— Our own carriage of our own tobacco, is hea- vily dutied in Sweden, and lately in France.
We can carry no article, not of our own pro- duction, to the British ports in Europe.
Nor even our own produce to her American possessions.
Such being the restrictions on the commerce and navigation of the United States, the question is, in what way they may be removed, modified, or counteracted?
As to commerce, two methods occur. 1. By friendly arrangements with the several nations with whom these restrictions exist: Or, 2. By the separate act of our own legislatures for coun- tervailing their effects.
There can be no doubt, but that of these two, friendly arrangement is the most eligible. In- stead of embarrassing commerce under piles of regulating laws, duties, and prohibitions, could it be relieved from all its shackles in all parts of the world—could every country be employed in producing that which nature has best fitted it to produce, and each be free to exchange with others mutual surpluses, for mutual wants, the greatest mass possible would then be produced of those things which contribute to human life, and human happiness; the numbers of mankind would be increased, and their condition better- ed.
Would even a single nation begin with the U- nited States this system of free commerce, it would be advisable to begin it with that nation; since it is one by one only, that it can be extend- ed to all. Where the circumstances of either party render it expedient to levy a revenue, by way of import, on commerce, its freedom might be modified, in that particular, by mutual and equivalent measures, preserving it entire in all others.
Some nations, not yet ripe for free commerce, in all its extent, might still be willing to modify its restrictions and regulations for us in propor- tion to the advantages, which an intercourse with us might offer. Particularly they may concur with us in reciprocating the duties to be levied on each side, or in compensating any ex- cess of duty, by equivalent advantages of another nature. Our commerce is certainly of a character to entitle it to favour in most countries. The commodities we offer, are either necessary: of life, or materials for manufacture; or convenient luxuries: or of revenue: and we take in exchange, either manufactures, when they have received the last finish of art and industry; or mere luxuries. Such customers may reason- ably expect welcome, and friendly treatment at every market: customers too, whose demands, increasing with their wealth, and population, must very shortly give full employment to the whole industry of any nation whatever, in any line of supply they may get into the habit of calling for, from it.
But should any nation, contrary to our wish- es, suppose it may better find its advantage by continuing its system of prohibitions, duties, and regulations, it behoves us to protect our- selves, their commerce and navigation, by coun- ter-prohibitions, duties, and regulations also. Free commerce and navigation are not to be given in exchange for restrictions, and vexa- tions; nor are they likely to produce a relaxa- tion of them.
Our navigation involves still higher consider- ations. As a branch of industry, it is valuable; but, as a resource of defence, essential.
Its value, as a branch of industry, is enhanced by the dependence of so many other branches on it. In times of general peace it multiplies competitors for employment in transportation, and to keep that at its proper level; and in times of war, that is to say, when those nations who may be our principal carriers, shall be at war with each other, if we have not within our- selves the means of transportation, our produce must be exported in belligerent vessels at the in- creased expense of war-freight and insurance, and the articles which will not bear that, must perish on our hands.
But it is a resource for defence that our navi- gation will admit neither neglect nor forbear- ance. The position and circumstances of the United States leave them nothing to fear on their land-board, and nothing to desire beyond their present rights. But, on their sea-board, they are open to injury, and they have there too, a commerce which must be protected. This can only be done by possessing a respectable body of citizen-seamen, and of artists and establish- ments in readiness for ship building.
Were the ocean, which is the common pro- perty of all, open to the industry of all, to every person and vessel should be free to take employment wherever it could be found, the United States would certainly not let the ex- ample of appropriating to themselves, exclu- sively, any portion of the common stock of oc- cupation. They would rely on the enterprise and activity of their citizens for a due partici- pation of the benefits of the sea-faring business, and for keeping the marine class of citizens e- qual to their object. But if particular nations grasp at undue shares, and more especially, if they seize on the means of the United States to convert them into aliment for their own strength, and withdraw them entirely from the support of those to whom they belong, defen- sive and protecting measures become necessary on the part of the nation whose marine resour- ces are thus invaded, or it will be disarmed of its defence; its productions will lie at the mer- cy of the nation which has possessed itself ex- clusively of the means of carrying them, and its policies may be influenced by those who com- mand its commerce. The carriage of our own commodities, if once established in an other channel, cannot be resumed in the moment we may desire. If we lose the seamen and artists, whom it now occupies, we lose the present means of marine defence, and time will be re- quisite to raise up others, when disgrace or loss shall bring home to our feelings the error of having abandoned them. The materials for maintaining our due share of navigation, are ours in abundance; and, as to the mode of us- ing them, we have only to adopt the principles of those who thus put us on the defensive, or others, equivalent and better fitted to our cir- cumstances.
The following principles, being founded in reciprocity, appear perfectly just, and to offer no cause of complaint to any nation. 1st. Where a nation imposes high duties on our productions, or prohibits them altogether, it may be proper for us to do the same by theirs, first burdening or excluding those productions which they bring here, in competition with our own of the same kind; selecting next such ma- nufactures as we take from them in greatest quantity, and which at the same time we could the soonest furnish to ourselves, or obtain from other countries; imposing on them duties, lighter at first; but heavier and heavier after- wards, as other channels of supply open. Such duties having the effect of indirect encourage- ment to domestic manufactures of the same kind, may induce the manufacturer to come himself into these states, where cheaper subsis- tence, equal laws, and a vent of his wares, free of duty, may ensure him the highest profits from his skill and industry. And here it would be in the power of the state governments to co- operate essentially, by opening the resources of encouragement which are under their control, extending them liberally to artists in those par- ticular branches of manufacture, for which their soil, climate, population, and other circumstan- ces, have matured them, and fostering the pre- cious efforts and progress of household manu- facture by some patronage suited to the nature of its objects, guided by the local informations they possess, and guarded against abuse by their presence and attentions. The oppresses on our agriculture in foreign ports would thus be made the occasion of relieving it from a depend- ence on the councils and conduct of others, and of promoting arts, manufactures, and popula- tion at home.
2d. Where a nation refuses permission to our merchants and factors to reside within certain parts of their dominions, we may, if it should be thought expedient, refuse residence to theirs in any and every part of ours, or modify their transactions.
3d. Where a nation refuses to receive in our vessels any productions but our own, we may refuse to receive, in theirs, any but their own productions. The first and second clauses of the bill reported by the committee, are well formed to effect this object.
4th. Where a nation refuses to consider any vessel as ours, which has not been built within our territories, we should refuse to consider as theirs, any vessel not built within their territo- ries.
5th. Where a nation refuses to our vessels the carriage even of our own productions, to certain countries under their domination, we might refuse to theirs, of every description, the carriage of the same productions to the same countries. But as justice and good neighbour- hood would dictate, that those who have no part in imposing the restriction on us, should not be the victims of measures adopted to de- fect its effect. It may be proper to confine the restriction to vessels owned or navigated by any subjects of the same dominant power, other than the inhabitants of the country to which the said productions are to be carried. And to prevent all inconvenience to the said inhabi- tants, and to our own, by too sudden a check on the means of transportation, we may conti- nue to admit the vessels marked for future ex- clusion, on an advanced tonnage, and for such length of time only, as may be supposed neces- sary to provide against that inconvenience.
The establishment of some of these principles by Great-Britain, alone, has already lost us in our commerce with that country and its pos- sessions, between eight and nine hundred ves- sels of near 40,000 tons burthen, according to Statements from official materials, in which they have confidence. This involves a proportional loss of seamen, ship-wrights, and ship-building, and is too serious a loss to admit forbearance of some effectual remedy.
It is true we must expect some inconvenience in practice, from the establishment of discrimi- nating duties. But in this, as in so many other cases, we are left to choose between two evils. These inconveniences are nothing, when weighed against the loss of wealth, and loss of force, which will follow our perseverance in the plan of indiscrimination. When once it shall be perceived that we are either in the system, or the habit, of giving equal advantages to those who extinguish our commerce and navigation, by duties and prohibitions, as to those who treat both with liberality and justice, liberality and justice will be converted by all into duties and prohibitions. It is not to the moderation and justice of others, we are to trust for fair and equal access to market with our productions, or for our due share in the transportation of them; but to our own means of independence, and the firm will to use them. Nor do the in- conveniences of discrimination merit consider- ation. Not one of the nations before mention- ed; perhaps, not a commercial nation on earth, is without them. In our case, one distinction alone will suffice, that is to say, between nations who favour our productions and navigation, and those who do not favour them. One set of mo- derate duties, say the present duties, for the first, and a fixed advance on these, as to some articles, and prohibitions as to others, for the last.
Still it must be repeated that friendly arrange- ments are preferable with all who will come in- to them; and that we should carry into such arrangements all the liberality and spirit of ac- commodation, which the nature of the case will admit.
France has, of her own accord, proposed negotiations for improving, by a new treaty on fair and equal principles, the commercial rela- tions of the two countries. But her internal disturbances have hitherto prevented the pro- secution of them to effect, though we have had re- peated assurances of a continuance of the dispo- sition.
Proposals of friendly arrangement have been made on our part, by the present government, to that of Great-Britain, as the message states; but, being already on as good a footing in law, and a better in fact, than the most favoured na- tion, they have not, as yet, discovered any dis- position to have it meddled with.
We have no reason to conclude that friendly arrangements would be declined by the other nations, with whom we have such commercial intercourse as may render them important. In the mean while, it would be well with the wisdom of Congress to determine whether, as to those nations, they will not surcease export regula- tions, on the reasonable presumption that they will concur in doing whatever justice and mo- deration, dictate should be done.
TH: JEFFERSON.
VIRGINIA, to wit:
At a Chancery District Court held in the city of Williams- burg, the 6th day of April, 1805. Helen Gilmour, widow and relict of Robert Gilmour, deceased, and John Morton Gil- mour and Robert Gilmour, only children of the said Robert Gilmour, deceased, Plaintiffs. Against Bogle Somerville and company, and Bogle Jameson and company, and James Mc- Gregor, John Robertson and Cunningham Corbett, trustees for the creditors of the aforesaid companies, and Gavin Lawton, Defendants.
IT appearing to the satisfaction of the Court, that the defendant Gavin Lawton, since the institu- tion of this suit, hath left this country, and the said de- fendant not having given security according to the acts of assembly and the rules of this court—on the motion of the plaintiffs, by their counsel, it is ORDERED, that the said defendant do appear here on the first day of the next term, and answer the bill of the plaintiffs; and that a copy of this order be forthwith inserted in one newspaper of the city of Richmond for two months successively, and posted at the front door of the former capitol in this city.
A Copy. Teste, ANTY ROBINSON, C. C. May 21. T2m
VIRGINIA.
In the Superior Court of Chancery held in Richmond, Between Thomas Price and John Sandridge, Plaintiffs. And Alexander Outlaw, senior, and Alexander Outlaw, junior, Defendants.
ON motion of the defendant, Alexander Outlaw, junior, by counsel, this cause is ordered to be re- docketed; thereupon the said defendant filed his an- swer, to which the plaintiffs replied generally, and commissions are awarded the plaintiffs and the said de- fendant, to examine and take the depositions of their witnesses; and on the further motion of the said de- fendant, the court referreth the accounts, between him and the plaintiffs in this suit, to one of its com- missioners, to be by him examined, stated, settled, and to the court reported with any special matters thought pertinent by himself, or required by the parties to be specially stated. A Copy. Teste, PETER TINSLEY, C. C.
COMMISSIONER'S OFFICE,
Richmond, 15th May, 1805. THE parties will take Notice, that I have ap- pointed the twenty-ninth day of July next, to commence the account directed by the annexed decree Order of the Court—on which day they are requested to attend at my office in this city, with the accounts & vouchers prepared, and ready for examination and set- tlement—and with copies of the court papers. SAMUEL GREENHOW, M. C. May 21. if
IN CHANCERY.
Williamsgate Holdings Court, February 25, 1805. John Coke, administrator de bonis non of Samuel Coke, dec'd. Plaintiffs. Against Robey Coke and Samuel Coke, Defendants.
THE Defendants, not having entered their appear- ance, and given security according to the Act of Assembly, and the rules of this Court, and it appear- ing to the satisfaction of this court, that they are not inhabitants of this state; on the motion of the plain- tiff by his counsel, it is ordered that the said defend- ants do appear here on the first day of June Court next, and answer the bill of the complainant, and that a copy of this order be forthwith inserted in the En- quirer printed in Richmond, for two months successively, and another copy posted at the front door of the Court-House of this city. A Copy. Teste, WILLIAM RUSSELL, c. c. March 28.—(est. 2m.)
DOCTOR WILSON
HAS removed his Apothecary Shop to the lower floor of the Bell Tavern, where he has a gene- ral supply of MEDICINES, PAINTS, & OTHER ARTI- CLES IN THE APOTHECARY LINE. He takes the liberty to observe, that he has not an article of medicine but such as he uses in his own practice. Physicians, merchants and others, who may be pleased to patronize him, shall be supplied on the most reduced terms. Persons of needy circumstances, by paying the retail prices of his medicines, will be preferred for gratis. May 21. (rif.)
LINSEED OIL.
A Quantity of Dutch Boiled LINSEED OIL, For Sale by THOMAS WHITE. May 21. 18w
100 DOLLARS REWARD.
At a meeting of the FAIRFIELD JOCKEY CLUB, held at the Eagle-Tavern, on the 8th day of May, 1805: Mr. Taylor proposed the following resolutions, which were seconded, and unanimously adopted: WHEREAS a most cruel and unprincipled act has been perpetrated by some person or persons unknown, in wantonly snaring and killing the Valuable Imported Horse WRANGLER, at the re- sidence of Mr. Mathias, in the county of Prince Ed- ward; and whereas it becomes manifestly the inter- est of gentlemen of the turf, and breeders of horses to bring to justice the perpetrator or perpetrators of an act so infamous and so injurious to the community—
Resolved—That a reward of one hundred dollars be paid by this club, to any person or persons, who shall give such information to the Secretary, as shall bring to conviction the perpetrator or perpetrators of this barbarous and malicious act.
Resolved—That the Secretary of this club be request- ed to communicate to the Secretaries of the different Jockey Clubs in this State, and to the Secretary of the club, in Washington, the resolutions of this club rela- tively to the atrocious killing of this valuable horse, with a view to their co-operation in making a disco- very of, and bringing to punishment the base and ma- lignant offender.
Extract from the Club Book. MERRIWETHER JONES, Secretary. May 21. [est.]
EDUCATION & POLITE ACCOMPLISH- MENTS, FOR YOUNG LADIES:
AT WILLIAMSBURG, VA.
WHILST the enlightened period in which we live dawns with benign influence on female improvement, and parents every where become e- mulous to obtain for their daughters, the advan- tages which polite education confers, an establish- ment calculated to gratify this amiable and just solicitude, cannot fail to excite interest, and meet approbation. Mr. Anderson's Institution for the instruction of young ladies, formed in the bosom of a society dis- tinguished for intelligence and refinement, and em- bracing both the useful and ornamental branches of their improvement, enjoys peculiar advantages of si- tuation.
As the sea of a justly celebrated university, and the residence of many families of the first distinc- tion in our country, Williamsburg presents a scene, propitious in the highest degree to mental and person- al accomplishments; and with a view, particularly, to the general improvement of young ladies, no place has superior claims to attention.
The severity of the past winter occasioned a tempo- rary suspension of the exercises of the school, but they are now resumed; and parents, who wish to benefit by this establishment, may obtain further information, on application by letter, or otherwise, to Mr. L. Anderson, Postmaster, Williamsburg, Va. April 26. ep8w&ctf.
VIRGINIA.
At a superior court of Chancery, held in Richmond the 23rd day of March, 1805.
Between James Anderson and Philip Thurman, merchants & partners under the firm } Plaintiffs. of James Anderson and company. } And Bernard Markham, & Francis Osborne executor of George Markham de- } defendants. ceased. }
THE defendant, Bernard Markham, not having en- tered his appearance, and given security according to the Act of Assembly, and the rules of this court, and it appearing to the satisfaction of the court, that he is not an inhabitant of this country, on the motion of the plaintiffs by their counsel, it is ordered that the said defendant do appear here on the 22nd day of the next term, and answer the bill of the plain- tiffs, and that a copy of this order be forthwith insert- ed in some newspaper published in the city of Rich- mond for two months successively, and posted at the front door of the Capitol in the said city.
A Copy. Teste, P. TINSLEY, c. c. March 26. (est. 2m.)
IN CHANCERY.
At a court of quarterly session, held for Cumberland county, the 25th of February, 1805.
William M. Allen, and James Cody } Plaintiffs. merchants and partners acting under } the firm of Allen and Cody, } Against Joseph Braddy, John Braddy, Martin S. } Defendants. Devemport, executor of David Deven- } port dec'd. Francis Devemport, & Jef- } fe Dowdy. }
THIS day came the plaintiffs by their attorney, and the defendants Joseph Braddy, & John Brad- dy, not having entered their appearance, and given se- curity according to the Act of Assembly, and rules of this court, and it appearing to the satisfaction of the court, that they are not inhabitants of this state; On the motion of the complainants by their counsel, it is ordered that the said defendants, Joseph Braddy and John Braddy do appear here on the first day of April court next, to answer the complainants' bill, and that a copy of this order be forthwith inserted in one of the newspapers published in the city of Richmond, for two months successively, and posted at the front door of the Court-House of this county.
A Copy. Teste, SAMUEL HOBSON, D. C. C. C. March 26.—(est. 2m.)
PUMFREY & FITZWHILSONN, BOOK-BINDERS & STATIONERS,
MAIN-STREET, RICHMOND:
HAVE now on hand, and offer for sale, on the ve- ry lowest terms, a general assortment of STA- TIONARY, consisting of— All kinds of Writing Paper, Ink Powder, Japan Ink, for records, Quills and ready-made Pens, Sealing Wax, Wafers, Shining Sand, Pounce and Sand Boxes, Penknives of the first quality, &c. &c. &c. Also, a great variety of BLANK BOOKS, adapted to the purposes of MERCHANTS, TRADESMEN, SHERIFFS, PUBLIC OFFICES, And Private Gentlemen. Made of the very best materials, in a handsome and substantial manner, and warranted. May 7. (T4t)
JAMES SEABROOK, TAYLOR.
RETURNS his grateful acknowledgments to his friends and the public, for their liberal encou- ragement, and informs them, that he continues to carry on his business in all its various branches, nearly opposite the Post Office and next door to Ritchie & Worley's Printing-Office—And as he has established a regular correspondence in Philadelphia, gentlemen may depend on having their clothes made in the new- est fashion. May 14. (estf.)
N. B. A few good JOURNEYMEN wanted, to whom liberal wages will be given.
THE subscriber begs leave to inform his friends and the public at large, that he has obtained a commission for the exercise of the duties of a NOTA- RY PUBLIC, in and for this city; and that any bus- iness committed to him shall meet with prompt dis- patch. May 21. SAMUEL MCRAW. [est.]
CASH
WILL be given for 12 or 15 BOYS, from 7 to 15 years old. Enquire of the Printers. Dec. 15. [estf.]
VALUABLE PROPERTY.
The subscriber desires to close his business in this place as soon as possible, is induced to offer for sale, the following valuable property, viz.
A CONVENIENT two story dwelling house, 24 feet square, having one room and a passage on the lower floor, two rooms on the second floor, and two good rooms in the garret, a cellar with plank floor, and divided into three apartments, one used for cooking; the yard inclosed with a brick wall seven feet high, the whole in good repair. This tenement is situated near the Bell-Tavern, on the cross street leading to the Rock landing, and is insured in the Mutual Insurance company, against fire in the state of Virginia, and the premiums paid.
Eleven unimproved half acre Lots, on Shockoe-Hill. 600 acres Military land in Kanawha county, on the waters of Oldtown creek, a branch of Ohio river, being a grant made to George Mufe, Adam Stevens, An- drew Lewis and others, in the year 1772.
25 tracts of Land in Montgomery county, containing 32,172 acres, the whole patented in my name- viz.
4000 acres surveyed 3d April, 1786 in Montgomery county, on Cole river.
3380 acres surveyed 24th July, 1786 in same county, on 16 mile creek, adjoining the late General Wash- ington's survey on Kanawha river.
3624 acres surveyed 23d July, 1786, in same county on Loop waters, waters of New-river.
1000 acres surveyed 18th May, 1786 in same county, on the Ohio river.
3210 acres surveyed 5th April, 1786 in same county, south of a creek running into Cole river.
2138 acres surveyed 21st February, 1787 in same county, on Cole river.