The enquirer (Richmond, Va.), 1804-05-30 00:00:00

THE ENQUIRER.
RICHMOND, (Virginia) PUBLISHED BY RITCHIE & WORSLEY, OPPOSITE THE POST-OFFICE... AT FOUR DOLLARS PER ANNUM, payable in advance.
NUMBER 7.]
WEDNESDAY MORNING, MAY 30, 1804.
[VOLUME 1.]
CONDITIONS.
 I. The ENQUIRER will appear twice a week... During the session of Congress and the Virginia Legislature, either a third paper or a supplementary half-sheet, during the week.  II. Terms of payment will be FOUR DOLLARS per annum: the whole to be paid at the time of subscribing.  III. ADVERTISEMENTS, from those who do not subscribe to the paper, should not exceed a square in length, shall be inserted for seventy-five cents the first time, fifty cents for each time during three weeks, and for every additional insertion thirty-three cents; long ones in the same proportion.  IV. SUBSCRIBERS shall have their advertisements inserted for fifty cents the first time, and thirty-three cents for every additional insertion. 
Spring Goods.
WILLIAM TEMPLE HAS just received by the ship Rebecca, from London, and Yorkshire from Liverpool, AN ASSORTMENT OF GOODS, suitable to the season, which he will dispose of on the usual terms. Richmond, May 9th. (1.)
CAROLINE SPRINGS.
THE subscriber intends to open a TAVERN at the Caroline Springs, on the first day of June next; and hopes, from the pleasant and healthy situation, exclusive of the medicinal qualities of the waters, that it will be a place of general resort. The Springs are situated about 56 miles from Richmond, 18 from Port-Royal, 12 from the Bowling-Green, and 14 from Fredericksburg. The roads leading to them are remarkably good... They are surrounded by an agreeable and respectable neighbourhood. There are out-houses for the accommodation of those who wish to live separate from the Tavern. The subscriber flatters herself, that these accommodations will not only operate on invalids, who, in the sickly season, attend the Springs for the sake of having their health restored, but will also be felt by those whose only object is the enjoyment of company, as it may be safely said the society will be equal to any in the country. No exertion will be wanting to make every thing perfectly agreeable. ANN GATEWOOD. Fredericksburg, May 19. 91/2 3/4.
THE Court of Hustings of the City of Richmond have established the following rules concerning applicants for licenses to manufacture Tobacco within the said City; viz. "All Applications to the said Court for Licenses to manufacture Tobacco, must be made one Month at least, previous to the Time of granting thereof, and the Name or Names of the Applicant or Applicants entered on the Records of the said Court, and inserted in all the Newspapers published in the City of Richmond." IN PURSUANCE WHEREOF, Public Notice is hereby given, That from the Records of the said Hustings Court, it appears that GEORGE TATE means to apply to the said succeeding Court for a License to manufacture Tobacco within this City. (By Order of Court) ANDW STEVENSON, D. C. May 23. 3w (5)
Richmond County, June 1803. John Campbell, complt. AGAINST William Morgan and Peter Northern defts. THE defendant Morgan not having entered his appearance and given security according to the act of Assembly, and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this state; on motion of the complainant, by council, it is ordered that the said defendant appear here on the first day of the next term, and answer the bill of the complainant, and that a copy of this order be published in some newspaper printed in the city of Richmond, for two months successively, and a copy also posted at the front door of the courthouse; and it is further ordered that the defendant Northern, do not pay any money or security, the debts and effects in his hands, due and belonging to the said Morgan, until the further order of the court, in the premises. A copy. Teste, D. MC CARTY C. R. C.
The following Six Hogsheads of TOBACCO, now lying in Dyer's Ware House, will be sold according to Law: No. 180, January 10th—Judith Kelly, marked L. K. 5, Gross 111, Tare 114, Net 97. 1501. No. 181, January 10th, do. do. No. 10, Gross 1150, Tare 119, Net 1077—January 23, William D. No. 11, Gross 1165, Tare 120, Net 1045—Do. John Brent, marked L. B. No. 21, Gross 1083, Tare 127, Net 946—January 20, George Brent, marked G. B. No. 25, Gross 1179, Tare 146, Net 1033. March 18, Spencer George, marked S. G. No. 43, Gross 1052, Tare 106, Net 946. THOMAS HURST, } Inspectors WM. MEREDITH, } May 19.—Lawson
THE SUBSCRIBERS, O. King on Shockoe-Hill, near Mr. Daniel L. Hinton and Mr. Benj. Molby. RESPECTFULLY inform their friends and acquaintances, that they have lately commenced the CARPENTER & JOINER'S BUSINESS; and are now ready to undertake any business in their line. They trust, from their particular attention, and faithful performance of every thing they undertake, to merit public patronage. WILLIAM K. LEE. JOHN S. LEE. May 23, '04. (1/2)
FROM A LATE LONDON PAPER.
IRISH CATHOLICS.
[The following is the correspondence mentioned in a former paper to have taken place between Lord Redesdale, Lord Chancellor of Ireland, and Lord Fingall, the premier Catholic Peer. It has for some time past excited much curiosity and conversation in the political circles, and will be found extremely interesting. By whom it has been published does not appear, but the practice is perhaps to be lamented (now so much the fashion of the day) of disclosing to the world the private sentiments and opinions of persons in high station and office, on subjects of such delicacy and importance.]
(No. I.) From the Right Hon. the Lord Chancellor of Ireland, to the Right Hon. the Earl of Fingall. Ely Place, Dublin, Aug. 18.
MY LORD, According to your Lordship's request, I have signed with great pleasure, a warrant for your Lordship's appointment to be a justice of the peace for the county of Meath.
At this moment, my Lord, it is peculiarly important, that every person entrusted especially with the preservation of the public peace should know, and conscientiously pursue the strict line of his duty. Your Lordship's distinguished loyalty at all times, and on all occasions, leaves me no room to doubt that you will exert yourself to the best of your judgment for this important purpose: and the same distinguished loyalty has probably marked out your Lordship, as one to whom nothing could safely be uttered, tending to demonstrate any disposition towards the rebellious outrages, which of late produced such dreadful effects, and excited so much alarm. But I fear there have been too many, in whose presence and hearing, demonstrations have been made, and words uttered, which ought to have alarmed the minds of loyal men; and induce them to communicate the ground for that alarm, to those in authority under the government, and especially to the justices of the peace in the several districts:—but who have thought fit to retain the impression made in their minds within their own breasts;—and to leave the chance of discovery to other means. The persons to whom I allude have principally been persons professing to hold the same religious faith with your Lordship, and over whom I most sincerely hope your Lordship's high character may give that influence which justly belongs to it.
It will be highly important, therefore, that your Lordship, in the discharge of your duty as a magistrate, should take every opportunity of clearly stating and most strongly inculcating and enforcing, the great duty of allegiance; and that duty is not confined to forbearance from open rebellion, or even from acts tending towards rebellion; that true allegiance is an active duty, requiring every man not only to suppress rebellion when it shall itself in violence, but to disclose to that government under which he lives, (whether he be a natural born subject of that government, or a foreigner only under its protection) every thing which can raise ground for such suspicion of disloyalty in others; and it is particularly important that your Lordship should, as a magistrate, state and enforce, that persons knowing of a treasonable purpose who do not disclose it, are guilty in the eye of the law of that crime which has been denominated misprision of treason; and if they yield any kind of assent to the intended treason, they become traitors themselves. Your Lordship's enlarged and liberal mind, distinguishing clearly between spiritual and temporal concerns, must feel that there can be no duty of religion contrary to the duty of allegiance; and indeed no man, however ignorant or prejudiced, can read the holy scriptures, without finding that the duty of allegiance to a Pagan government was strongly and repeatedly enforced by Christ and his Apostles, and especially the latter, who found the Christians of their times too much disposed to consider their faith in Christ as absolving them from their allegiance to the country in which they lived. I am truly sorry to say, that I fear in this country all who profess to be ministers of the gospel of Christ, do not teach Christ's doctrine of allegiance to their flocks; and I particularly lament to find in the minds of men, who assume the highest rank amongst the ministers of the Roman persuasion, the frequent use of language tending to raise in the minds of the ignorant an opinion, that none are to be considered members of the Catholic church of Christ, that none therefore are to be esteemed brethren in Christ, but those who profess adherence to the See of Rome. Until the minds of men shall be brought to a different temper, until the Priests of the Roman persuasion shall cease to inculcate, that all who differ from them in religious opinions are to be considered as guilty of defection from the See of Rome, that is, as guilty of rebellion, including his Majesty's sacred person in that description, it cannot be expected that vulgar men should think themselves bound by any tie of allegiance to a king, thus represented to them as himself guilty of a breach of what is termed a higher duty of allegiance. That liberty of conscience which those of the Roman persuasion desire for themselves, they ought to allow to others; and that they do not allow that liberty of conscience, but, on the contrary, sanction the worst of persecutions, whenever they treat any man sincerely believing in Christ, the redeemer of mankind, as not a member of the Catholic or Universal church formed by Christ and his Apostles, because that man does not believe all that they believe of the See of Rome, and of the doctrines taught by it. I can consider no man, whatever his professions of loyalty may be, as truly the loyal subject of a king, whom he thus holds up to his people as an object of dissection, nay of hatred, because that king holds a different opinion in matters of religion from those who adhere to the See of Rome, and because he refuses any obedience in matters temporal or spiritual to that See. It will be your duty, my Lord, as a justice of the peace, to watch the preservation of the peace with the most anxious attention; to refer no man whose conduct shall tend to disturb it; to exhort all men by patience and forbearance, as well as by exertion, to use their utmost endeavours to preserve it. And, however anxiously they may wish for a change in the establishment provided by the law of the land for the maintenance of religion; however conscientiously they may think that the end of religion
would be better answered, by those of the Protestant faith; they cannot, consistently with the duties of their allegiance, pursue that purpose, by abetting or even by declining to resist and suppress the rebellious conspiracy formed for that purpose. I have no doubt that the firm and distinguished loyalty, which has marked your Lordship's character in every other situation in life, will guide your steps in the discharge of your duties as a magistrate. May God, to whom alone all our errors and imperfections are known, protect and guard you, and lead you to that end which will most accord with the beneficial purpose for which the office of magistracy was intended; and for which alone I am persuaded you prevail on yourself to undertake so arduous a charge, under circumstances of so much difficulty.
I have the honor to be, With the most sincere respect & esteem, My Lord, Your Lordship's faithful humble servt, (Signed) REDESDALE. To the right hon. the Earl of Fingall, &c. &c.
(No. II.) Answer to the foregoing, by the Right Honorable the Earl of Fingall. Great Denmark-street, Aug. 19, 1803.
MY LORD, I have the honor to receive your Lordship's letter, and am much obliged to you for appointing me a magistrate of the county of Meath, at a time when the task is so arduous. I must beg, leave to assure your Lordship that nothing but my most anxious desire to be useful, by every means in my power, would have induced me to solicit the commission of the peace. Permit me to return your Lordship my best thanks, for the very able and excellent instructions contained in your letter; it shall be my unceasing endeavour to prove myself not unworthy of the trust confided to me, for which I should feel myself very ill qualified, if I did not understand the duties of allegiance, loyalty, to be exactly such as are laid down by your Lordship. I have always been taught, that that man was a traitor and violated his allegiance, who concealed any plot against the state; to this opinion, all those who profess the same religious faith that I do, are bound by the most solemn pledges; I am very sorry any have deviated from it; they cannot be, I am persuaded, those remarkable for their religious and good conduct. It gives me much concern, and I should be extremely sorry, were it generally conceived, that your Lordship, the person to whom the Catholics of another part of the United Kingdom never cease expressing their obligation; with your superior talents, enlightened and liberal mind; holding the high situation you do in this country, with so much credit to yourself, and advantage to the public; should have an opinion in any degree unfavorable to the Irish Catholics.
My Lord, the Catholic religion is the same everywhere. I very reluctantly enter on the subject. Religious disputes, I have always considered the greatest misfortune any country could experience. I must, however, beg leave to state to your Lordship, what I have always found to be the conduct and faith of the Catholic. I need not speak of his attachment to, and respect for an oath; were he less delicate, why should he labour under any exclusion now, or have suffered many years of penal restriction? I must say, I never heard a Catholic wish for the overthrow of the Protestant establishment, and setting up in its place one of his own religion. This was not, as is well ascertained, the object of the promoters of the rebellion in 1798; nor do I believe it was that of the ruffians and murderers who disgraced this country on a late occasion. The Catholic is ready at this moment to sacrifice his life, his property, and every thing that is dear to him, in support of the present constitution; in defence of that beloved Sovereign, to whom your Lordship does not seem to think we look upon with that veneration, gratitude, and attachment, which I assure you we do. The Catholic wishes no other family on the throne; no other constitution; but certainly wishes to be admitted, whenever it shall be deemed expedient, to a full share in the benefits and blessings of that happy constitution under which we live; a participation which we continue to prove ourselves not undeserving of Catholic loyalty & allegiance. I need not tell your Lordship, would oblige every one of that persuasion to resist and repel, even the head of the See of Rome, were it possible to suppose that the usurper who now disturbs the peace of the world, could find him here with his invading armies. My Lord, the doctrine of allegiance is perfectly understood, and unceasingly preached by the Catholic Clergy. I have seen an address in the newspapers, from Dr. Coppinger to his flock at Cloyne, in which Catholic principles and allegiance are much more ably and fully explained and inculcated than I could attempt doing. The late exhortation of the Rev. Dr. Troy, in Dublin, your Lordship has probably seen, and his character for distinguished loyalty is known to every one. In the year 1798, when Hoche's fleet was in Bantry Bay, the Rev. Dr. Moylan published an address to his people, for which, had the French landed, he would undoubtedly have lost his head. Surely my Lord, such pledges and distinguished acts of loyalty are the best proof that can be given. I have, my Lord, taken the liberty of stating to your Lordship what I consider Catholic principles, and Catholic conduct. Standing in the situation I do, I feel it my duty to vindicate the Catholics from any unfavourable opinion entertained of them. That your Lordship should know, and properly appreciate their sentiments and conduct, is my only aim; and would, I am sure, be highly gratifying to them. I beg pardon for trespassing so long on your Lordship, but when there is a question of the conduct and opinion of so large a portion of his Majesty's subjects, at the time every arm is wanting to defend the empire, you will, I trust, excuse me. I think I could not give your Lordship a better proof than that I shall endeavour to merit the good opinion you are so kind as to entertain of me, and which I hope I shall never forfeit.
I have the honor to be, &c. (Signed) FINGALL. To the Rt. Hon. Lord Redesdale, &c. &c.
(No. III.) From the Right Hon. the Lord Chancellor, to the Earl of Fingall. Ely Place, Aug. 1, 1803. MY LORD, Many parts of your Lordship's letter have given me much pain. I have no doubt that your
Lordship has every feeling of Christian Charity towards those who differ from you in religious opinions; but I have daily experience, that the same charity does not prevail amongst a great many who profess to be of the same religious persuasion with your Lordship. I am fully persuaded that the want of true Christian charity one towards the other, has been the real cause of all the unfortunate events which have of late disgraced this country; and I think it the duty of every man, however he may differ in points of faith from others, to endeavour to impress the great doctrine of Christian charity on the minds of all, as the only means of restoring peace to this distracted country. Your Lordship seems to imagine that those inhabitants of Ireland, who adhere in matters of faith to the doctrines of the See of Rome, are disposed to discontent; because as your Lordship is pleased to express yourself, they are not admitted to a full share of the benefits and blessings of the happy Constitution under which they live. If your Lordship means they are discontented, because they are not admitted to the Members of either House of Parliament, or to hold certain great offices; or because they are excluded from the throne; I must confess, I cannot believe that the lower orders of the people of Ireland, amongst whom the ferment principally prevails, have any anxiety on the subject, except as it may be raised in their minds by others; and your Lordship must allow that no disturbances, of the same description, are excited amongst the Quakers, who certainly are liable to more difficulties, for conscience sake, than those of which your Lordship complains. I am afraid, or rather I am persuaded, that the difference arises from the different temper given to their minds by their religious instructors: that the Quaker is taught to live in charity with all men, whilst those who follow the See of Rome are unfortunately taught a very coarsed charity, being told they are exclusively members of the Church of Christ; and those whose minds have not been enlarged by education or habit, feel it difficult to conceive, how those whom they are taught to consider as not members of the Church, can be deemed Christians; and accordingly your Lordship will find, upon enquiry, that the appellation of Heathen is applied by those, to every Protestant. If those who are considered as holding a higher rank in the priesthood used their influence to correct this impression on the minds of the lower orders, we might hope, that by degrees they might be taught to consider all who believe in Christ as their Redeemer, though not adhering to the See of Rome, as their brethren in Christ; but unfortunately that is not the case. Dr. Troy in his pastoral instruction on the duties of Christian citizens, published in 1798, holds up high, the exclusive doctrine; which those who think humility a christian virtue, in all respects most becoming so weak and fallible a creature as man, cannot but consider as favoring of presumption. Dr. Moylan, in his pastoral letter, published in 1797, expresses himself in a stronger language; and indeed it is difficult for a loyal subject to read that publication without feeling, that, especially at the time of its appearance, it could not tend to produce loyalty, or even submission to the government of the country, in the minds of those to whom it was addressed. Whilst such impressions, so excited, are rambling in the minds of men, very little regard can be paid to addresses of the nature to which your Lordship refers me. They are given to the winds, as long as the Priests of the See of Rome shall think fit to hold up to their flocks, that all who do not yield obedience to that See are guilty of rebellion against it; are not to be considered as members of the Church of Christ; and therefore are not (in the eyes of the vulgar at least) to be considered as Christians. I am fully persuaded, that those who listen to their doctrines, will never bear Christian charity to those who are so represented; and will never be loyal and dutiful subjects to a King, thus held out to them as himself a rebel. In fine, my Lord, those who clamour for liberty of conscience (which in truth they have) must be taught to allow liberty of conscience to others; and those who desire complete participation, must treat those with whom they desire to participate as brothers.
I have the honor to be, &c. &c. REDESDALE.
(No. IV.) Answered by the Earl of Fingall.
MY LORD, I feel indeed much concern that any part of the letter I had the honor of addressing to your Lordship, should have given you pain. You need not, I hope, my Lord, any assurance, that nothing could be more foreign to my intention. This I took the liberty of requesting Mr. Wickham, whom I had the honor of seeing this morning, to do me the favour of mentioning to your Lordship on the earliest occasion. I merely stated to your Lordship what my own feelings were, and what I have always found to be the opinion of the Catholics. I do not apprehend, that in expressing any further with of the Catholic body which it is impossible should not be entertained, I hinted at any discontent; on the contrary, I did assure, & do now assure your Lordship, we are ready to make every sacrifice, encounter every danger, for the defence of the King and Constitution, and for the preservation of the peace. Those who are most affected by any remaining reflections, it is well known, have never excited clamour or tumult; but have always been foremost in opposing them. I cannot attempt to vindicate all those who have at different times addressed the Catholics; but the late exhortations, I must beg leave to say, are intended and calculated to inspire sentiments of loyalty, obedience, and christian charity; and they will, I trust have the effect. Such have been the instructions I have constantly heard given by the Catholic clergy to their flocks. Nothing to excite ill-will or dislike to any person on account of his religious belief, but the most perfect brotherly love and affection to all. Your Lordship will, I hope, allow me to repeat my regret that any thing, or me reason to feel it, which I should in a very high degree indeed, if I was conscious of having intentionally advanced any thing improper or unreasonable to your Lordship. I have the honour to be, &c. &c. FINGALL.
From the Lord Chancellor to the Earl of Fingall. Ely Place, Dublin, August 28, 1803. My Lord.—The high respect and esteem I bear for your Lordship, whose loyalty & humanity have been at all times conspicuous, and the manner in which your Lordship, in the letter with which I was honored yesterday, has expressed your regret, that any part of your former letter should have given you pain, compels me again to trouble your Lordship with a few words. The pain I felt arose from an apprehension that I could not hope for such a change in the sentiments of the See of Rome, towards those who refuse obedience to it, as might lead their living together in peace. In some parts of Europe, misrepresen-
tations have been produced so much of humility, that persons who have occupied the choice of that See, have been inclined to bend towards countries in which some of its most important pretensions have been rejected; and in this state of humiliation, it might have been hoped been so far as to lead the adherents to that See in Ireland, no longer to teach their followers a doctrine so repugnant (as it appears to me) to the repose of mankind, as that to which I had alluded in my letter. I conclude from your Lordship's letters to me, that there is no person among the adherents of the See of Rome, in Ireland, whose mind, however cultivated, however liberal in other respects, can be thought to consider any persons as Christians, who refuse obedience to that See. I conclude also, that the priests of that persuasion still reach their flocks, that all who refuse obedience, are guilty of a wicked rebellion against divine authority, which must produce the eternal damnation in the next world, and render them objects of horror and dislike in this. As long as this doctrine (which with all humility I say it, appears to me to be pugnacious to every idea of Christian charity taught by the Scriptures) shall be preached to their congregations; and until those congregations shall be taught that Protestants of every description, although in their opinion, in error on certain points, are to be considered as members of the Church of Christ, and their brethren in the faith of Christ, it seems to me that there can be no hope that exhortation to loyalty and obedience to Protestant government will have any effect. Men of education and property may feel loyalty and obedience to such a government to be proper or at least expedient; but preaching to men of the lower orders, and especially to those without property, loyalty, and obedience, under such circumstances cannot be sincere, without supposing their minds possessed of a refinement of which they are utterly incapable; and seems therefore to be either mockery or folly. Perhaps I am too presumptuous in forming this opinion, but it seems to be confirmed by recent events, & I cannot otherwise account for the fact so generally asserted by the Priests of the Roman persuasion, that during the late rebellion, their exhortations to loyalty and obedience had no effect. I find it, also confirmed by circumstances, that those Priests were, I presume, utterly ignorant of those under their instruction had ever conceived in their minds the horrid purposes which they manifested on the 23rd of July, and which persons came from all parts of Ireland with designs to effect.
I have the honor to be, &c. REDESDALE.
(No. V.) Answer by the Earl of Fingall. Great Denmark-street, Sept. 14, 1803.
MY LORD, I must beg your Lordship will be kind enough to excuse my not having sooner acknowledged the receipt of the last letter you did me the honor to address me, which has been occasioned by my absence from town some days past. Honored as I must feel by your Lordship's correspondence, and expressions of personal regard towards me contained in your letters, I am the more anxious to impress your Lordship with the favorable opinion of the persons in this country who profess the same religious faith I do myself, which it has been my endeavour to prove to your Lordship they are deserving of. Nothing but my wish to procure from them an object so desirable, and my high respect for your Lordship, would have induced me to touch at all on a discussion of religious subjects; and not having been, I fear, fortunate enough yet to satisfy your Lordship's mind as to the objections you make to our religion, I should be glad, with your Lordship's permission, to state them to some of our superior clergy, who would, I am pretty certain, enable me to convince your Lordship, that our religious doctrine preaches charity and brotherly love to all mankind, without distinction of religion; true and sincere allegiance to our good King; invariable attachment to the constitution and our country; from an honest and conscientious conviction that such is the duty of a good subject, and a good Catholic, be the religion of the monarch what it may. For my own part, my Lord, I cannot attribute the unfortunate situation of this country to anything connected with matters of religious faith: Jacobinism and French principles and policies, the want of morality, and the depraved state of the human mind, are I conceive the sources of our misfortunes. Religion may have been made a tool by wicked and designed people: this has often happened in every country, and is easily effected when religious differences exist. The distracted and melancholy state we are in, every body must lament; how is it to be mended, is a matter for the statesman; and surely it would be difficult to find an object more worthy of your Lordship's high talents and abilities. I have the honor to be, &c. FINGALL.
(No. VI.) From the Lord Chancellor to the Earl of Fingall. Ely Place, September 6, 1804.
My Lord.—I find myself as little qualified as your Lordship represents yourself to be, to discuss with the persons to whom you refer me the points you mention. I can only say, that the impression made on the minds of those of the lower orders, certainly does not correspond with the doctrines which your Lordship represents to be the doctrines of the religion you profess. I have no doubt that your Lordship hears and conscientiously embraces and acts upon those doctrines; the tenor of your life, shows that you have done so; but the whole tenor of the course

duct of the lower orders of the people of the Roman persuasion shews, that such doctrines are not effectually taught to them; and if I am to judge from the writings, as well as the conduct, of some of the higher orders of the laity as well as of the clergy, I cannot believe that they are thoroughly impressed with the feelings which appear to guide your Lordship's liberal and beneficent mind. On the contrary, in many instances it appears to me, that the conduct of some high amongst the priesthood is calculated to excite, in the minds of those under their care, hatred to their Protestant fellow subjects, and disloyalty to their government. I am assured from very respectable authority, that, (at least in one district) the priests who were instrumental in saving the lives of the loyalists in the late rebellion, are universally discountenanced by their superior; and that a priest proved to have been guilty of sanctioning the murderers in 1798, transported to Botany Bay, and since pardoned by the mercy of government, has been brought back in triumph by the same superior, to what in defiance of the law he calls his parish , and there placed as a martyr, in a manner the most insulting to the feelings of the Protestants, to the justice of the country, and to that government, to whose lenity he owes his redemption from the punishment due to his crimes.
It is strongly reported, that the successor to Dr. Hussey, (whose disaffection was so manifest that perhaps government consulted its disposition to lenity much more than its duty, when it permitted him to return to Ireland) is to be a man also notoriously disaffected. If the appointment is to be made in the usual manner, at the recommendation of the higher order of your clergy, I cannot think that much of loyalty is to be expected from those who recommended such a man. If the authority of the See of Rome supersedes the ordinary recommendation, it must be recollected that that authority is now in the hands of France: indeed, it cannot be forgotten, that your whole priesthood acknowledge obedience to one who is the vassal of France, who exists as a temporal prince at least only by the permission of France, the avowed enemy of the government under which we live; under such circumstances, it cannot be believed, that any bona fide and conscientious means have been or will be taken by the Priests of the Roman persuasion to make the lower orders of the people composing their congregations, loyal subjects of the Protestant government of this country.
I have the honor to be, &c. REIDESDALE.
Foreign Intelligence.
From the London Courier, of the evening of the 12th of April.
LONDON, April 12.
In some of the northern ports of the kingdom it has been rumored, that the French had occupied Lubeck. The rumor originated in orders to some mercantile houses to suspend the shipping of goods for that port. Similar orders, we hear, have been given with respect to Tonningen.
At Hamburg, the occupation of Holstein and the neighbouring territory was hourly expected to take place, as several movements had been made on the part of the republican troops, which could have no other object.
It is not impossible that the French may seize Tonningen and the other Danish ports in that neighbourhood; but we do not see in what manner that event will very materially affect our export trade; for we do not believe that our merchants, since the French have been so near that part of the Danish territories, have exported very largely to Tonningen. But the French wish to occupy Tonningen and Hufum in order to retard our communication by packets with the continent. The occupation of Lubeck would render it necessary for us to send the goods that we have been in the habit of sending thither, to Rostock or the Oder.
As we could only insert in part of our impression yesterday a short account of the loan to be raised for the service of the year, we publish to day a more particular account.
In consequence of a notice from Mr. Corry to the gentlemen of the stock exchange, and others, that he was prepared to speak to them further on the subject of the Irish Loan, the following gentlemen waited upon him yesterday: Messrs. Puget, Burroughs, W. Burroughs, Ide, Atkins, Shewell, Franks, Crofton, and Ormsby.
Mr. Corry stated, that he was authorised to say what would be the probable amount of the loans for England and Ireland, but with respect to the sum which would be required for England, he wished it to be understood, that Mr. Addington did not now pledge himself that it would not be exceeded. The sum intended to be borrowed for the two countries was sixteen millions, ten millions of which only would belong to England, and the remaining six millions for Ireland. Four millions and three quarters of the latter sum, it was proposed, should be bid for in England and one million and a quarter in Ireland. The bidding in Ireland was fixed to take place in Dublin on the 19th instant, when the proposals then made would be transmitted to him by express; should the terms offered be such as he should approve of, there would in that case be only fourteen millions and three quarters to be raised in England; if the contrary the whole sum of sixteen millions would be raised here.
M. D. L.
It will gratify the curiosity of our readers to be afforded some insight into the character of the Spy who is called in the correspondence M. D. L. His real name is Menee de la Touche . His character might justly excite surprise as to the employment of such a man; but no blame is attachable to government upon the occasion, and we must suppose that some of the leading Emigrants here who patronized him were deceived by him.
M. D. L. of Menee de la Touche was secretary of the commune of Paris, at the time of the September massacres in 1792. At the period of the 18 Brumaire, he was condemned as a Jacobin, and sent to the Isle of Oleron, from whence he was to be transported to Cayenne. It was proved at that time that he was the person who had paid the Septemberers their wages for the murder of madame de Lambelle and the other prisoners. Whilst he was in the Isle of Oleron, some friend at Paris suggested to the French government that he might usefully be employed in England. He was suffered to make his escape on board an American ship bound to England, and was furnished with money by the consular government. How he ingratiated himself here with emigrants, we know not; they were certainly ignorant of his character and his mission. But unfortunately it has not been found difficult during the whole progress of the revolution to acquire their confidence. sanguine of success from their belief in the justice of their cause, indignant at the crimes & usurpations of the different despots who have afflicted France, they have been too prone to believe that every man who has expressed abhorrence of the tyranny of the revolutionary leaders has really felt it. Menee de la Touche is said to have adopted this method. No man was more loud in his expressions of indignation and disgust at the conduct of Bonaparte; and in the different public or private meetings and dinners of the emigrants, the rage of M. D. L. against the consul exceeded
that of every other person. He accounted for this inordinate zeal by confessing himself to have had some revolutionary failings! He had once thought the revolution a benefit—he now found it to be nothing more than a splendid crime—he had even once admired the character of Bonaparte.
By these means he is said to have acquired the confidence of some of the leading emigrants; we refrain from naming any of them, and it is rumored to have been through their representations that he went over to Mr. Drake, for the more purpose of doing that which every ambassador of every power in Europe, is charged to do, to gain accurate and ample intelligence of the state of France, under the usurper, which no government can expect to obtain from the French papers.
Immediately upon his arrival in Paris, M. D. L. Menee de la Touche went, as we have been informed, to his friend Real, the director of the police under Regnier, the grand judge, and communicated to him the information he had gained in England, and the object for which he had been sent to Paris.
THE LATE CONSPIRACY.
A private letter from Paris, says, "The conspiracy lately announced by Bonaparte has been a long time in rehearsal by him and his minions. Ever since the renewal of the war, the destruction of Pichegru and Moreau was determined upon, and the arrival of the first was only waited for to ruin both. Many persons assert that Pichegru has been betrayed to commit the imprudence of coming here, by false friends in England, and that the day Murat was appointed Governor at Paris, Bonaparte was almost certain of the capture of Pichegru as well as of Moreau. To prevent their friends in the armies from stirring he changed the commanders. Jourdan, the envious foe both of Pichegru and Moreau, obtained the command in Italy, and Lucien Bonaparte was sent to the army under General St. Cyr, in the kingdom of Naples, to watch the conduct of this former friend of Moreau. Cæsar Berthier, the late chief of the staff of Moreau's army in Germany, was recalled from Hanover, and the command there was taken from Mortier and given to Desfelles, one of Bonaparte's counsellors of state. Marmont, another of Bonaparte's counsellors of state, who owes every thing, even his wife , to him, was made the successor to general Victor in Holland. Louis Bonaparte was sent with the consular aide-de-camp general Savary, to the camp at St. Omer and on the coast. Admiral Bruix was recalled from Boulogne, to give an account of his conduct, and La Crosse, another tool of Bonaparte, nominated his successor. Angereau, whose crimes answer for his fidelity to Bonaparte, was sent to command at Brest and La Vendee, to watch the equivocal conduct of Truguet, Caffarelli, and Gouyon, the naval military chiefs in those parts. Admiral Latouche, who has served all factions, after betraying his king, was sent to supercede Ganteaume at Toulon; and Regnier, the irreconcilable enemy of his benefactor, Pichegru, made the military commander instead of the doubtful Poivre. General Cervoni, who who formerly kept one of Bonaparte's officers , was made the departmental commander in the South, and Governor of Marseilles; and the Jacobin La Croix was appointed the prefect at Bordeaux, where his son, general La Croix, formerly an aid de-camp to Leclerc, is the military chief. The terrorist Duhem was made the governor of Lyons; and the brother to the police prefect, Dubois, the prefect of that city and the Department. Joseph Bonaparte was sent to Brussels to inspect the conduct of the Belgians and of the Flemish, and the consular favorite, general Duroc, was sent on similar business to Alsace, and to the conquered provinces on this side of the Rhine. To every large city besides was sent some secret agent of Bonaparte, on whom he could depend, with full powers in their pockets to break and appoint civil or military governors as occasion requires. The counsellor of state Portalis, has addressed circular letters to Bonaparte's revolutionary bishops and clergy, and to make them more attached to the consular government, has declared, that in case of a new revolution, they had nothing to expect but the fagots of the inquisition or the guillotine of the Jacobins. The police commissaries and agents have been distributing forged lists every where, containing two millions of names of persons destined to death by the royalist party, and which, they have said, were found among the papers lately seized; though the fact is, that these papers contained a plan of a general amnesty, not excluding even the regicides.
"As to Georges, Bonaparte exhibits him in the colors of his personal enemy, rather than as a friend to royalty; a man who, in dispatching him, would be indifferent whether his successor were Moreau or Louis XVIII.
"We expect here (says the letter from which we make this statement), every day, the publication of two volumes of intercepted, or rather said to be intercepted papers. In all those yet laid before the senate, not a word is said about the murder of the first consul, but only of getting him out of the way.
"Notwithstanding the active intrigues of Bonaparte's emissaries every where, the agitation and sympathy for the fate of two generals are great, both in the armies and in the provinces; and it will require some time before tranquillity returns with confidence to the present government. In the frontier provinces, considerable emigrations have taken place within this last fortnight; and the defections on the German and Swiss frontiers, and from Holland, have been unusually great. In these last decades 10,000 palettes have been delivered at Paris, and 20,000 more have been demanded, but refused, until the 1st Germinal (March 22.)"
LONDON, April 6.
We have this day inserted a copy of the official dispatches relative to the fortunate turn which our affairs have taken in the Island of Ceylon. It appears that the post of Hangwelle was attacked on the 6th Sept. by the grand army of the Candians, commanded by the king in person, which, after a combat of two hours, was completely defeated, with great slaughter, and with the loss of the royal standard, two pieces of artillery, a number of muskets, and a large quantity of ammunition. A detachment of our troops commanded by capt. Pollock, after the enemy marched forward on the 9th, and drove the enemy from the strong post of Callogolla. On the 10th capt. Pollock entered the Candian territory at Sitawaka, and was soon after joined by another detachment, under the command of capt. Buchanan. Both detachments marched forward on the 12th, and fell in at Organda, with the remains of the grand army of the Candians, whom they again defeated, and then proceeded without opposition to Rowanella, the most commercial and populous village in Candy, which, together with the magazines and stores of artillery, ammunition and provisions, fell into our hands. At this village the king's palace, together with one thousand one hundred houses, were burnt. In all these actions our loss amounted to only 4 wounded; whilst we recovered sixty-two Malays, and one hundred and fifty Lascars, who on a late unfortunate occasion were taken by the Candians.
A rumour prevailed in the course of yester-
day, that the French squadron at Toulon having attempted to force its way, an action took place in consequence; that Lord Nelson was killed by a cannon shot early in the engagement; but that the action continued until they had captured six of the French line. We can assure our readers that no such intelligence has reached the admiralty; and we have not been able to trace it to any other authentic source.
Yesterday, in consequence of an intimation to the gentlemen of the Stock exchange the preceding day, through the medium of Mr. Puget, by the desire of Mr. Corry, that the latter, as Chancellor of the exchequer for Ireland, would be ready to receive offers for the Irish Loan—the following gentlemen attended Mr. Corry, viz.
Messrs. Puget & Co. Steirs & Co. Ellis & Co. French & Co. &c.
In the course of a short conversation Mr. Corry stated, that the extent of the proposed loan, would be two millions; and that he would be ready to treat with bidders on Saturday, till which time he wished to postpone all further discussion. The gentlemen who appeared in consequence of the invitation, then requested to know the amount of the intended loan for England, as their biddings would be materially affected by this necessary information. Mr. Corry confessed himself not prepared to answer this question; but gave assurance, that he would, during the interval, consult Mr. Addington; and that on Saturday he hoped to be enabled to satisfy them on the subject.
Our Deal correspondent informs us, that in consequence of the strong westerly gales, our blockading squadron before Boulogne has been again driven from its station. The Locust gun brig, and Fury, bomb, arrived yesterday in the Downs; the rest of the squadron dropped anchor off Dungeness.
The Noble, of 44 guns, which arrived at Plymouth on Wednesday, left the Channel fleet all well on Sunday last. The enemy's fleet was in statu quo.
Accounts from Constantinople mention, that while the French Ambassador, Gen. Brune, strongly recommends the Porte, to reinforce their troops in Egypt, the English Ambassador is equally anxious that it should be requested of the Court of London to grant a division of British troops to assist in protecting Egypt.
The Baron de la Rochefoucault is said to have been arrested at Paris, on the charge that he was engaged in a correspondence with Louis XVIII. and papers are reported to have been found in his possession to confirm that suspicion—but he insists his hand writing has been forged. M. De Vandricourt has also been arrested. Among other singular devices for dispatching the first consul, some of the conspirators are said to have attempted to fatten Ortolans with a deleterious view to offer them to the Clerk of the kitchen at the Thuilleries.
La Ville-sur-Tre, formerly a French Count, having been arrested at Hamburg on the requisition of the French Government, was transported the following day to Hanover, in order to be sent to France. He had formerly been in England, and it is said, had a passport from Mr. Jackson.
General Pichegru, it is said, speaks with great discretion and generosity, when questioned about those accused with him. He says no man is guilty to his knowledge, and that he hopes his life will be sufficient to atone for the errors of others implicated in a cause greatly misrepresented to the public.
Georges says regularly, morning and evening, his prayers, and never neglects Domine salvum fac Regem . He has even requested the four gens d'armes, who never leave his dungeon, to join him and say Amen.
Madame De Vandricourt was arrested, but has again been set at Liberty, upon condition of leaving Paris with her husband. They intend to go to Germany.
A new class of people will be formed in Russia, under the title of Free Farmers, in consequence of an imperial decree, which allows land owners to grant freedom to their peasants, in order to raise money to pay their debts.
The New-York Herald, has given the following sketch of Georges, which it has extracted from a late London paper.
THE ROYALIST GEN. GEORGE CADOUDAL.
(LATELY ARRESTED AT PARIS.)
In a revolution where so many noblemen have debased their rank, and so many clergymen dishonored their order; where a duke de la Rochefoucault, and a Marquis de la Fayette, have been the treacherous tools or accomplices of a rebellious mob; and a Cardinal de Brienne and a Bishop Talleyrand de Peregod, avowed themselves apostates to their God, and traitors to their King; it is some consolation to suffering loyalty, to find in a class, that had neither privileges to defend, nor places to regret, men voluntarily come forward, to combat for a throne when fallen, which they had never approached when raised; and for altars in ruins, of which they might have shared the spoils.
Cadoudal's father was a wealthy miller in Morbihan, where George was born upon the 18th of May, 1770. Intended by his parents for the church, he received a better education than most young men of his rank. He had hardly left the college, when the revolution broke out. At his entrance into the world, from his studious retreat, he saw nothing but crimes, and heard nothing inculcated but principles as contrary to those in which he had been brought up. His virtuous mind did not know whom most to despise, those who undermined monarchy, or those who calumniated religion; the rebels or the atheists. He had not a long time to meditate upon this cruel subject, before the demolition of that temple, where his infant prayers had been addressed to the Almighty, and the sale of that college, where his youth had been instructed, determined him never to
associate with men as vile, as wicked, as selfish as sacrilegious, who, under the name of patriots, libelled patriotism, and as pretended friends of liberty, organized the worst of tyranny, the tyranny of the rabble.
The year 1793 added to the wounded feelings of the loyal and religious subject, those of the outrageously injured individual. The murder of his parents, of his brother, and two sisters, followed, within six months, the murder of his king. Hitherto he had hesitated between emigration and misery that awaited him abroad or the dangers and death that threatened him if he remained at home. But the blood that flowed in his veins, the scaffold had mingled with that of his sovereign, and both called loudly for revenge. His countrymen of La Vendee and Morbihan were in arms, he would have been a despicable coward had he not joined them. He now not only detested the sanguinary Republicans as regicides, but abhorred them, and determined to annihilate them as particides, and fratricides. He was besides proscribed by them as a fanatic, that is, a Christian, faithful to the religion of his forefathers, the sole and same crimes for which his parents and relations had perished. After the battle before Thouars, on the 25th September, 1793, where 5000 royalists under Lescure defeated 20,000 republicans, George was made an officer. In civil wars, talents soon make their way, obtain rapid advancement, and at length silence even envy. Whilst his valour and activity made him esteemed by his superiors; his intelligence and popular manners gained him the confidence and friendship of his inferiors. Having distinguished himself on all occasions during 1794 and 1795, he was, in 1796, with general approbation promoted to the command of the division of Royalist Chouans in Morbihan. But after treason had delivered Charette and Stofflet over to the republican executioners, George was obliged to disband his weakened army, and to wait for another opportunity to avenge his country, his king, and family. This opportunity presented itself in 1799, when he assembled a greater number of troops than any other Chief, and had almost daily engagements with the republicans, whom he often routed, and from whom he never experienced any loss that could be called a defeat. In December, 1799, he commanded the expedition on the borders of the river Vilaine, where a considerable quantity of arms and ammunition had been debarked from England, which he carried away, though surrounded every where by enemies three times more numerous than his own men. Before the usurpation of Bonaparte, George was on the eve of being proclaimed a generalissimo, a place vacant since the death of Charette. According to the advice of the guilty intriguers Talleyrand and Fouche, the First Consul adopted with the royalists a conduct different from that of the Directory. By hypocritical promises and liberal bribes, he divided and seduced men, whom his revolutionary predecessors had been unable to conquer. He promised royalty to some, places to others, and money to them all. Every royalist Chief, who signed a peace, obtained 300,000 livres, or 12,500l. sterl. When therefore, George, on the 25th and 26th of Jan. 1800, gloriously fought the republicans at Grandchamp and Delven, all other royalist chiefs, with the single exception of Frotte, had disbanded their troops and delivered up their arms. But observing the consequences of the republican emissaries among his men, who, by their desertion, proved, that they were not so incorruptible as their commanders; he adjourned his vengeance without changing his loyalty. Having heard that General Brune intended, on the 9th of February, to reconnoitre the country, he advanced to the village of Theix, attended only by three royalists, one of whom he sent to announce to the general that he desired to speak with him. After a conference of an hour, in open air, on the corner of a hedge, every thing was terminated. George agreed to dismiss his troops, and General Brune pledged himself, in the name of the republican Government, "that they should not be punished for being in arms; that they and their countrymen should be ex-
empted from military conscription for ten years; and indemnified for the losses they had suffered by the devastation of their country from the republicans during the civil troubles." Neither of these conditions has been kept; all have been disregarded or violated. George became, therefore, the irreconcilable foe, not of Bonaparte, but of an usurper, who by his tyrannical breach of faith, had caused his own to be suspected by his adherents, suffering victims from the perfidy of the consular government.
After the pacification George went to Paris and was presented to Bonaparte, who offered him a commission as a General of division in the army of reserve then collecting near Dijon. He declined, however, this republican rank, as he formerly had refused republican money. As with the First Consul, every man who refused to be his slave is regarded as a traitor, orders were issued for arresting George who escaped death only by flight, and was convinced that his life would never be safe in his country as long as a foreigner was its tyrant. He determined therefore to dethrone a monster, who employed the laws themselves to murder innocence; who had no claim to kingly supremacy in France, where nature had, by his birth right, made Georges a citizen, or who had done nothing to forfeit this right, whilst, in moral times, the whole universe would, for his enormous crimes, have proscribed Bonaparte as an infamous outlaw, the shame of human kind.
Bonaparte accuses George of an intent to assassinate him; but as long as no other evidence than the words of the first consul is produced, justice and generosity condemn an assassin, a man who was never suspected of any crime, upon the assertion of another man, whose atrocious guilt is known and proverbial in Europe and America, as well as in Asia and Africa, who has been an uncontradicted murderer & drowner in France and Italy, and a convicted prisoner and murderer in Syria and in Egypt.
When the incalculable difficulties are considered that in France a royalist commander has to encounter from want of union, of patriotism, of discipline, of arms, of clothing, of money, &c. and the dangers to which he is exposed, more from the treachery of weak or faithless friends, than from the bayonets of the powerful enemies in possession of an authority governing or rather oppressing fifteen-sixteenths of the inhabitants; every candid mind must acknowledge that to dare to oppose such means it requires, not only firmness of character, courage, capacity, and vigilance, but the noble sacrifice of one's self, which makes the country and the cause the first, and existence only a secondary object.
From his humanity and generosity, backed by his abilities, George became the most popular royalist in France; and how much he was dreaded by Bonaparte, the correspondence with the British government, of Lord Whitworth, of Otto, and of Andreossi, evinces.
[FROM FRENCH PAPERS.]
PARIS, 1st Germinal (March 22.)
GEORGES.—The last asylum of Georges, was with a female fruiterer called Lemoine. It was with this woman that he was going out on the night of his arrest, in his Cabriolet conducted by Caron the perfumer.
The daughter of Lemoine bore his bundle, at the moment of her approach to deposit it in the cabriolet, she pretends to have heard the cry of thieves, and that Georges said to her, save yourself unfortunate girl, or you are lost. She instantly pulled off her cap, to prevent her being known, and ran with her hair dishevelled into a neighbour's named Vignereux, with whom she deposited the bundle, saying it contained the clothing of her sister who was dead.
The husband of this neighbour was curious to see the contents of the bundle; he found in the midst of several clothes, a large bag filled with from ten to 1200 pieces of gold called Souverain d'Holland. He could not resist the temptation of appropriating some to his own use, which sold for 34 francs a piece.
The next day he restored the bundle to the woman Lemoine, who, as also her daughter, he found in the greatest affliction. Lemoine and her daughters are said to have restored all the bundle to a commissioner who came to demand it.
The fister of the woman Vignereux, states that on Wednesday last, about 10 in the evening, she saw two men, one large, the other small, who concealed themselves in the alley of Lemoine. These two men were Vileneuve and Barco, who came an hour after to save themselves with the perfumer Caron, from whom they learnt the arrest.
This was at the residence of the fruiterer Lemoine, in the street de la Montagne St. Genevieve. She had another lodging in the street Montmartre, to which the police accompanied her. The infant she appeared the proprietor reproached her that her daughter had on Wednesday night, brought to the same lodgings to sleep, two men, who were Vileneuve and Barco.

The arrival of a new Press from Philadelphia has enabled the proprietors of the Enquirer to extend the size of their paper. They have determined to increase the price of subscription in the same proportion.
The vindication of Virginia is postponed to a subsequent number. On the first view of the subject, it appeared by no means extensive or complicated in its nature.
The preceding columns will be found to contain much Foreign and some Domestic Intelligence. The correspondence between the Lord Chancellor of Ireland and Lord Fitzgerald will be interesting to those who have taken any share in the destiny of that unfortunate country.
Our Domestic Intelligence is by no means important. It will appear that the Legislature of S. Carolina has adjourned, after having adopted the amendment to the Constitution.
We have very little local news indeed, for our distant readers. Thomas Logwood has been found guilty on all the indictments which have been tried, of Counterfeiting Bank Notes.
A poetical communication addressed to the Editor shall have a place in the next number.
No important Intelligence came to this Office by the yesterday's Mail.
Extract of a letter from Washington, dated May 20, 1804.
The Congress, captain Rodgers, is now dropping down the E. Branch. She will be followed, it is said, to-morrow by the John Adams, capt. Chauncy, and on Wednesday by the Elphinstone, captain James Barron.
As a testimonial of the PRESIDENT's high opinion of the gallant conduct of Lieut. DECATUR, in taking and destroying the Frigate Philadelphia, a commission to him as captain in the Navy has been duly issued.
Official. Extract of a letter from Commodore Preble to the Secretary of the Navy, dated on board the Constitution, Syracuse Harbour, Feb. 19. 1804.
Feb. 12th. I received about 20 Maltese sailors and pilots from the island of Malta, which by permission of the Governor I ordered to be shipped there.
19th. A prize to the Nautilus has this moment arrived, captured to the eastward of Tripoli. She is a brig from Malta under English colours bound to Tripoli.
Extract of a letter to the Secretary of the Navy, from the commanding officer of a detachment of marines sent thence to New-Orleans, dated Havana, April 22, 1804.
Having had 2 days water on board, it was deemed expedient to put in here for an additional supply. The governor has manifested towards us the most friendly dispositions.
Extract of a letter from Carracas to a merchant in this city, dated April 12.
"I take the liberty to solicit your attention to the following. What is the price of Barinas tobacco, or that kind known by the name of Canifler.
A Paris paper of March 27, after noticing the secret correspondence ascribed to Mr. Drake, the British minister at Munich, inserts a letter stated to have been written by him to his principal agent at Paris on the 25th February.
"I am informed of the occurrences of the 16th. I conceive that the Police will be on the watch, of course you should seize the most favourable moment to depart.
"You can observe in this address that the merit of Moreau has long offended the right of the little tyrant, & that the first conflict has chosen for the destruction of his rival the moment of unfortunate intelligence from St. Domingo.
For the information of the Freeholders of the State.
THE following correct list of the persons who compose the Republican Ticket of Electors of President and Vice President of the United States, is published.
PHILIP N. NICHOLES, Chairman. JOHN H. FOWLER, Sec'y. Richmond, May 25, 1804.
REPUBLICAN TICKET.
Richard E. Lee, of Norfolk Borough, of Isle of Wight. Edward Pegram, of Dinwiddie. Dr. Richard Field, of Brunswick. Thomas Read, of Charlotte. Creed Taylor, of Cumberland. William H. Cabell, of Amherst. George Penn, of Patrick. George Wythe, of City of Richmond. John Taylor, of Caroline. Larkin Smith, of King & Queen. John Minor, of Spotsylvania. William Elzey, of Loudoun. William Dudley, of Warwick. Mann Page, of Gloucester. John Taliaferro, jr. of King George. Richard Brent, of Prince William. Hugh Holmes, of Frederick. James Dailey, of Augusta. James Allen, of Shenandoah. Archibald Stuart, of Augusta. James McFarlane, of Russell. Gen. John Preston, of Montgomery. William McKinley, of Ohio.
** The Republican Printers throughout the state, are requested to insert the above one month.
PROPOSALS
By JOHN L. COOK & SEATON GRANTLAND, For publishing in the City of Richmond, A Literary & Miscellaneous Paper, TO BE ENTITLED The LADY'S MUSEUM, AND WEEKLY MAGAZINE.
THIS PAPER, as the title shews, will be chiefly devoted to the amusement of the LADIES; and on their patronage must the success of our undertaking principally depend.
CONDITIONS.
1st. The Museum will be neatly printed, weekly, on a half-sheet of Super-Koyal paper. 2d. The terms will be Two Dollars per annum; one dollar to be paid at the reception of the first number, and the other at the expiration of five months. 3d. As it is supposed that subscribers will preserve their papers for the purpose of binding, a handsome Title-page and Table of Contents will be furnished (gratis) at the completion of each volume. 4th. The publication of the MUSEUM will commence about the first of September, should a sufficient number of subscribers be obtained by that time.
May 30. SUBSCRIPTIONS will be received at the Office of the ENQUIRER. The printers of Newspapers in this state will oblige us by publishing our Proposals.
FOR SALE.
A tract of Land, IN Powhatan county, on Appomattox River, where it is navigable, known by the name of M'Call's Quarter, containing 420 acres; this land lies about four miles from the Court House, and is well adapted to the culture of Tobacco, small grain and corn.
CASH WANTED.
FOR about six tons of BAR IRON. The price will be made an inducement to purchase. And IRON CASTINGS of various kinds, for sale on the usual terms by the ton or single pieces, among which are a few tons of 50 and 60 lbs. weights.
MCCAYAH DAVIS. Richmond, 22d of the 5th Mo. 1804.
Printing.
IN ALL ITS VARIETY, EXECUTED AT THE OFFICE OF THE ENQUIRER, WITH NEATNESS, ELEGANCE, AND THE GREATEST DISPATCH.
Accounts from New-Orleans to the 15th April state, that the army of Louisiana had left that place three days previous for Pensylvania. The late Prefect, Mr. L'Authier, was on the eve of departing.
From a Jamaica paper of April 13. The brig Patsey, capt. Kane, left Port Royal on the 22d of January, and on the 3d of February was boarded by a French privateer, which overhauled the vessel, took all her letters and broke them open.
Extract of a letter from St. Thomas's, to a merchant in this city, dated April 29.
"I wrote you from St. Domingo, and informed you of my intention of going over to Curacoa. The next day after the vessel failed, that took my letter, a man arrived in town, that had run away from La Picque English frigate, that was watering on the coast.
AGAIN—Beware of Counterfeits! Two Counterfeit 100 Dollar Notes, of the office of Discount and Deposit, Baltimore, were yesterday detected at the Bank of Baltimore.
Miscellaneous.
FROM A LONDON PAPER. FLAX. We have already noticed the tenacity of the flax found in different islands in the Indian Seas, and that the India Company had directed some attention to the culture of the plant.
It is much to be wished, that the flax of New Zealand (phormium tenax) was introduced into this country, as our soil and climate are well adapted to its culture.
Twisting filaments in the manufacture of cordage, impairs their strength, by subjecting them to different degrees of tension, and in the application to mutual instruments, injures the filaments of the found.
Luca Naturalis (Nature,) says a Bordeaux paper of the 1st April, has lately produced at Grey, one of those phenomena which have a title to rank among her most singular deviations.
By the Ontario from Liverpool, we have received a London paper of the 6th ult. one day later. It notices a rumour that the Toulon fleet, in attempting to force its way out was attacked by Lord Nelson, who, early in the action, was killed; but that ultimately 6 French ships of the line were taken.
PHILADELPHIA, MAY 22.
Letters from the Mediterranean state, that Lieuts. Decatur and Stuart, after having effected the destruction of the Tripoline frigate, had been ordered on another expedition.
resolution of that state, respecting the navigation of Savannah river, with a request that the same may be laid before you, which, in compliance therewith, accompanies this communication.
I have heretofore claimed your attention to the military establishment of the state; I again repeat that claim, as I deem some regard to improve the present regulations necessary for their future prosperity.
With the enjoyment of peace, and the fair prospects of a continuance, our country is still blessed; the advantages arising therefrom are manifested in various instances.
AMENDMENT TO THE CONSTITUTION.
Our accounts from Columbia, state that the legislature of this state, has passed a law adopting the Amendment to the Constitution of the United States, proposed by Congress.
Thomas Lee, esq. is elected an Associate Judge of this state, in the room of the honorable Judge Johnson, appointed to the Supreme Court of the United States.
NEW-YORK, May 21.
General James Wilkinson and suite arrived here on Saturday last from New-Orleans, in the New ship Louisiana, commanded by capt. Ingersoll.
Mr. Gibbs, who arrived in the brig Sufannah, from Turk's Island, was informed by a captain from Cape-Francis, that on or about the 30th of April, every Frenchman, woman and child, to be found in that place, had been put to death; during which time no Americans had ventured to open their stores, for the purpose of doing any kind of business.
Joseph Nofrey, aged 32, a French major of the army of St. Domingo, poisoned himself yesterday morning at the City-Hotel, between 9 and 10 o'clock.
By the Ontario from Liverpool, we have received a London paper of the 6th ult. one day later. It notices a rumour that the Toulon fleet, in attempting to force its way out was attacked by Lord Nelson, who, early in the action, was killed; but that ultimately 6 French ships of the line were taken.
PHILADELPHIA, MAY 22.
Letters from the Mediterranean state, that Lieuts. Decatur and Stuart, after having effected the destruction of the Tripoline frigate, had been ordered on another expedition.
There was found on Lemoine, nine matras-fes, beds, chairs, and other moveables, which had been used for these brigands, blue pantaloons belonging to Barco, &c.
Lemoine, her daughters, and Vignereux, have been arrested; also the perfumer Caron, and several others, who have given asylum to the brigands, without reporting them, according to the law of 9 Ventose.
This law remains in force, and must induce those who have been the dupes or accomplices of the brigands, to efface their crimes by immediate information.
Mr. D'Aranjo, minister plenipotentiary from Portugal, at the court of Russia, has been called from that mission to go to Lisbon, and occupy the place of minister of state in the department of foreign affairs.
M. Le Comte de Cobenzel; M. Le Marquis de Suchesini; the ministers of the elector of Baden, of Wurttemberg and of Bavaria of the Helvetic confederation, the Ligurian republic, the Batavian republic, have expressed to the First Consul, through the minister of foreign relations, the profound indignation their governments feel at the news of the infamous conspiracy against the government of France.
The elector of Baden issued an order on the 17th March that all the French emigrants established in his territories should depart in a very short notice.
Under the head of Madrid, March 10, the Monitor mentions that M. Frere, the English minister at that court is profoundly affected by the news arrived from Paris.
Domestic Intelligence.
CHARLESTON, May 16. FROM OUR CORRESPONDENT AT COLUMBIA.
On Friday last both branches of the Legislature met here, the Governor was notified of their having formed a quorum, shortly after he sent the following MESSAGE To the Honorable President and Members of the Senate.
Honorable Gentlemen. IT has not been without mature deliberation upon the importance of the occasion, that I have drawn your attention from your domestic enjoyments, to consider of matters of public concern, in which the interest of your country is involved.
The scene which took place in determining the late Presidential election, and the weighty consequences which remained suspended during the deliberation of congress, must be recent in the recollection of every individual who charges his mind with the consideration of public affairs.
This appears to be the situation of that part of the constitution of the United States, which this resolution contemplates the alteration of, and affords you the opportunity of being instrumental to the change, and of wresting from design and intrigue, the possibility of attempting hereafter, to frustrate the wishes of a majority of the citizens of the United States in the choice of their President.
In consequence of representing to the governor of North-Carolina, the sentiments of the Legislature respecting the settlement of boundary between the two states, which had existed so long a subject of dispute and contention; it has produced the communication here with transmitted, and remains for your determination upon such measures as you may deem expedient on the occasion.
It is to be observed, that in the attempts heretofore made to adjust this difference with a sister state, the leading obstacle was the confined powers given the commissioners, on the part of North Carolina, and of which the commissioners on the part of this state complained, as not being co-ordinate with their own, they met upon unequal terms.

CONTINUATION OF THE GLEBE CASE.
Vestry and Church-Wardens of the parish of Manchester, in the coun- ty of Chesterfield,
vs.
Overseers of the Poor of the said County.
MR. WICKHAM (Council for the Appellants) observed that there were three questions in this cause worthy of consideration:
1st. What was the state of the Church before the Revolution?
2nd. How was it affected by the Revolution, and the Bill of Rights?
3rd. What effects have been produced upon it by the acts which have been passed since the Revolution?
1. No one will deny that the legislature had the power to pass the law of 1748, whether he considers this question on abstract principles or on the maxims which then prevailed. Before the revolution, they were not bound by any constitutional regulations. There was no Bill of Rights to prevent the whole legislative authority of the state from being vested in them. They might distribute property to as many persons and in as many ways as they pleased. They might found colleges; they might promote the progress of literature and the arts; and the only rule which they could have possessed in the limitation of those powers, and in the selection of the proper means, was their own judgment, calmly deliberating upon the public good. If they chose to favour a particular sect of religion, by allowing to it the enjoyment of particular privileges and immunities, there was no constitutional provision to set bounds to their project: there was none which could render void any such law, which emanated from their will. If they determined that these dispensations of favour to their established religion, should consist of a certain endowment of property, whether they already possessed the property which they were thus giving away, or whether they were to raise it by a general or partial assessment; their grand children cannot properly object to it. It is vain for them to say that this law, passed in 1748, is contrary to the constitution of '76. For on the same principle may they raise objections to all our slave laws, which every one must admit, are more expressly contrary to the Bill of Rights. As the legislature had, therefore, a right to give away this property before the Revolution, there can be no doubt that the investiture in the donee becomes as sacred as any other property, however it may have been acquired. The question is not then, whether the legislature had the right of vesting the property of the Glebes in any one? But the only question is, in whom was the property of the Glebes really vested? The Attorney General has facilitated the investigation of this question, when he appealed from the strict form of law to the more liberal rules of equity. In this view Mr. W. was willing to consider it; and he would then go on to enquire, in whom was the beneficial interest of this property without regard to legal estate. That the minister when in possession, had a freehold in the Glebes is admitted. That he had a right to take and enjoy the profits of those Glebes, clothed with the additional power of suing for a trespass, is also true. But for whose benefit was he thus invested with these attributes of ownership? For his own benefit?—certainly not. They were only conferred on him as the compensation for his religious services. Was it for the benefit of the people of the parish?—No. They were given not for the use of the whole parish generally; but for the exclusive benefit of all the members of the Protestant Episcopal Church, or the Church of England. Many of the laws which were made for the original establishment of the church, expressly declare that it was for the benefit of this church, that the property was bestowed. Hence the vestries were required to be conformable to the doctrine and discipline of the Church of England; and hence the ministers were required to be ordained by some English Bishop, and to subscribe to a conformity to the orders and constitutions of the Church of England. The property thus made over to the church was protected by fixed laws; and their right to it was recognised as much as that of any other property, which civil polity has uniformly respected. It was not given and protected for a temporary purpose only; but the modes of succession were clearly laid down, by which the church might in all times to come, continue to claim and enjoy the benefits of this investiture. The mode of succession was different indeed from that by which the estates of individuals were regulated. But this difference does not affect the validity of the tenure, by which the ecclesiastical property was held. No satisfactory reason can be given why civil polity may not prefer some rules, by which an estate may be transferred from one clergyman to another, or from one vestry to another, as well as from a father to his son. The succession of the latter may itself be said to be the creature of civil policy. Any other definition might have been assigned to the property of fathers, any of her law of Descents might have been instituted, which the wisdom of the legislature might have determined to adopt. It will not follow then, that the property which was once vested in the Protestant Episcopal Church, does not continue to belong to it, because the mode of succession is not the same as it is in private estates. But it will follow, that the investiture still continues inviolate in spite of this difference, because every mode of succession, even in private estates, is itself the creature of civil government, and subject at all times to its various regulations.
The Attorney General contends, however, that it was not the property of the church, but public property: and the reason which he gives for it is, that it was regulated by government. But what is meant by its being public property? Not that it was the property of all the individuals in the nation; but that it was the property of the government; and not of every branch of that, but only of that branch in which the property of the state was vested, that is of the crown. So that the Attorney General's position may be thus expressed: These lands were the property of the king, because they were regulated by the government. But the legislature extended its regulating power to immovable property; it made laws for determining the property of individuals; it even exercised a superintendence over the conduct and manners of the people. So that if the Attorney General founds the rights of the crown upon the right which the legislature had to regulate the property of the church, his position would prove too much. Every thing then would have been subject to the king. Personal property & private services would have been subject to his will. This analogical argument is condemned by a positive fact. The ministers had a freehold in this property. If then it belonged to the crown, how can this claim of the minister be supported? If there be no way then to reconcile these incompatible rights, must not conclude that these constructive rights of the
public ought to give way to the express claims of the church?
But the Attorney General contends that it was not the property of the church: because they did not possess the great and indispensable right of alienation. The fact is true, but the conclusion is incorrect. If the right of alienation be the great test of property; if no one possesses a right in any property, to whom the right of selling it does not attach, it will follow that many species of property will be annihilated by this rigid rule. Have not infants certain rights in property, although they cannot dispose of it? What shall be said of estates held in mortmain? It will not be denied that the streets of Richmond belong to its inhabitants; and yet have the trustees of the town the privilege of selling them? A charitable society may be invested with property, without the right of alienating it. Mr. Nicholas, to establish the validity of this test, should have shown that all who own, could sell; and these facts would have contradicted that principle. This right of alienation (it has been said) belonged to the legislative body, and hence it is concluded, that the Glebes belonged to the public. Mr. Wickham observed, that the omnipotence of Parliament could extend to innumerable privileges. Many laws had been passed to sell the property even of individuals. But this privilege, or any abuse of it, could never justify make this private property the property of the state. Even when the legislature had exercised this power of alienation, it had always spoken in the language of permission, not of command. It had empowered the vestries, not obliged them to dispose of the Glebes.
The great argument which the Attorney General has brought forward in favor of his position, that this is public property, is founded on the supposition, that these Glebes have been purchased for the general good by a general assessment. Neither of these propositions is true. The assessment was not general (under the ordinary acceptance of the word); nor were the purposes of this assessment. It was not a general law, which operated upon every titheable individual in this state, without the distinction of parishes; but it was a general law, which operated upon them with this distinction. It was a general law, not because it comprehended all the individuals in the parishes, but because it comprehended all the parishes in the state. The produce of this assessment, then, was not the property of all the individuals, considered in their collective capacity, under the administration of the law, but the produce of each parochial assessment was the property of each parish. The position of the Attorney General turns out then to be, that the Glebes were purchased for the use of each parish by a parochial levy. But even this is not a complete representation of the fact. The purposes to which this levy was to be applied were not extended to every individual in the parishes; but as it has been already said, to the benefit of the members of the Protestant Episcopal church. This argument then, which the Attorney General has so triumphantly introduced concludes, at last, in favour of the Church. We may be permitted then to conclude that this property was vested in the church before the revolution.
2. To develop the effects which the revolution has produced upon the rights of the church, the Attorney General has asserted that if this property was vested in the church it was a national establishment, that it was connected with the British government, and that it experienced the same fate with our political institutions. Mr. Wickham denied that the church in this country constituted any part of the government. Even in England, the church and the state may be said to be distinct. The British constitution might be perfect; it would embrace all the necessary features of a government, without the church. Under the Royal Government of New York, which was formed on the model of the British constitution, there was no ecclesiastical establishment. The converse of this proposition is also true. The constitution of the church might have existed without the government; it might have grown up under any other form of civil polity. It cannot be said then that it was any integral part of the British government. The most that can be said is, the Protestant Episcopal church was a favoured sect. To the new government, then, certainly belonged the right of denying any new favours. They might have repealed also all those laws, which related to its discipline and conformity with the Church of England. But they could not affect the sacred rights of property, which they already possessed.
A more particular argument has been suggested by the Attorney General, for the dissonance of the rights of the church with the change of the government. It was stated that the right of induction belonged to the Governor, and that as every means for perpetuating the succession of ministers, have been done away by the revolution, the church must be considered to be at an end. Mr. W. denied this doctrine. He said, that the relative right of the Governor and the vestry in this respect, had never been adjudged. Certain cases might have existed, in which the vestry assumed to themselves this privilege of induction. They had the right of presentation, and the Governor was bound to induct. In England, the owner of an advowson has the right of presenting and the Bishop is bound to induct. So that the Governor's privilege in this case seems to be a mere form. The revolution might have put an end to this form; but it would be strange, indeed, if it should also destroy those substantial rights, which the laws had created and sanctioned.
It has been asked also by the Attorney General, why he not the church demanded the annual stipend of Tobacco, which the act of 1748 allowed to its ministers; and he has concluded that if it has no right to the one, it has none to the other. Mr. W. observed that some very enlightened men still contended for this right. For his own part, he thought that the right of the church to the land & to the stipend did no stand upon the same foundation. He considered the one as an estate; the other as a salary. The one was vested and beyond the reach of the Legislature; the other was a right accruing in future and subject to legislative control. Thus in England soldiers holding by Knight Service might be deprived of their wages, but not of their lands.
On the whole, Mr. W. concluded that at the revolution these lands were vested in the church, and that they were not necessarily divested by the subversion of the old government.
Mr. W. proceeded to examine whether any imperfection in the rights of the church had been imparted to them by the Bill of Rights. He should not trouble the court with his private opinions on the constitution. He should not attempt to delineate what that constitution ought to have been, but to declare what it is. Nor should he presume to say, how long it was likely to remain even in its present state, nor from what causes it was likely to receive some new modifications. He did not wish on the present occasion to affect any change in that instrument, nor did he believe, that the right for which he was then contending, would be found incompatible with its strictest interpretation. He admitted that if they were, that those rights ought not to be respected, as the constitution is undoubtedly the supreme law of the land, and par-
amount to all legislative acts.—Art. 4. declares that no man or set of men are entitled to exclusive emoluments or privileges from the community, but in consideration of public services. The first view of this article (Mr. W. said) would be sufficient to satisfy us that it was expressly aimed against any privileged and hereditary orders; and, that it was not intended to apply to the church. A further analysis of it will be sufficient to prove that it cannot apply to the church. The word "emoluments and privileges" are plainly to be read in connection with "community;" and then it will be that the state cannot grant any emoluments or privileges, but for public services. If the privileges and emoluments relate to private property, the article will prove too much; for no individual could then inherit. If it related to public property, the application of this article would then beg the question. The question has ever been, whether this is public property or not? The Attorney General has said that the last clause of this article makes against the church, because the office of magistrate, legislator, or judge, not being hereditary, and the term magistrate being used in a general sense, the ministers of the church cannot continue to succeed to this property. The plain interpretation of this clause is (said Mr. W.) that it relates to the three great departments of our government, the executive, the legislative & judiciary; and that the term magistrate is used in a sense synonymous with the executive department. So that as a minister of the church is neither a magistrate because he is not a member of the executive department, nor hereditary, because he does not descend from paternal succession, he may be considered as unaffected by this article of the Bill of Rights.—We are told however (Mr. W. said) that these rights are inconsistent with the 16th art. inasmuch as they have been acquired by "force and violence," not by "reason and conviction." We say that no force or violence have been exercised for the acquisition of those rights since the formation of this constitution. And, we cannot conceive, how an act which was passed in '48 can violate a constitution formed in '76. We say, that with respect to our ancestors, the establishment of a church was no crime. They supposed they were promoting the public welfare, when they enlisted religion on the side of morality. Where was the force and violence which they exercised? The dissenters, we are told, were taxed. The minority of the state was required to contribute to the support of a sect, which the majority approved. Is this the only force and violence, that was made use of? Perhaps, according to this principle, there is no law that goes into operation, which is not carried forward by the force and violence of the government. Perhaps there is no law, which does not divide the nation into a majority and minority. Even on the present occasion, the same objection may be used against this law. Force is equally the function of this law which is to deprive the defendants of Episcopalians of their property. The Attorney General has said, that it is unconstitutional to continue to hold this property as it was acquired by force and violence. It may be asserted however, that this clause does not relate to property, but to the propagation of religious doctrine; and even if it did, must all property be given up, which was originally acquired by force and violence? Shall we relinquish the very continent on which we stand, because it was obtained by violence from the hands of its Indian inhabitants?
Mr. W. said, that he would go further in his argument, and assert that not only is this reversion of the Glebes not inconsistent with the Bill of Rights, but that the attempt to divest the Church is contrary to the true spirit of the Constitution. The 16th article declares, that all men are entitled to the free exercise of Religion. No one will deny that associations of Christians for religious exercises are necessary to the propagation of their belief: and that these associations cannot exist without property. Deprive the Protestant Episcopal Church of these lands, and what will be the consequence? A considerable interruption and suspension will be made in their religious exercises. This principle, if carried into effect will, instead of universal toleration, become the bitterest persecution. The same doctrine may drive the incumbents from their parishes. The very Churches may be sold over the heads of those, who are devoting their labours to the worship of God; and the very Church-Yards that contain so many of those relics which the Episcopalian has accustomed himself to venerate and to love, will be thrown open for more profane and impious purpose, which shall convert the graves of his forefathers into monuments of human degeneracy and his own unhappiness. What toleration will this state of things introduce?
From this series of statements, Mr. W. concluded, that these Rights were vested in the Church at the time of the revolution, and that they were not divested by that event, nor by the Bill of Rights. He could support this argument if it were necessary by a cotemporaneous exposition of the Constitution. This argument is not necessary, because we have without it, exuberant proofs of the position, and because a cotemporaneous exposition is not conclusive but in ambiguous cases. He might however, have put all the acts of the Convention together, the validity of all of which could not be disputed according to the English doctrine, that all the acts passed at one session of Parliament are law.
The Attorney General has however, applied the doctrine of identity to this subject, and attempted to prove, that as this was not the same Church which existed before the revolution, it could not partake of the same rights. Mr. W. observed, that he was no Metaphysician. He had heard of a great many very subtle distinctions drawn by that class of men which he should never have dreamt of. He had heard of some very ingenious arguments being employed against personal identity, on the question whether we are the same beings to day that we were yesterday. He should not enter into this learned discussion, nor should he employ much of the time of the Court in proving, that this was the same Church which existed before the revolution. It comprehended the same ordination, the same communion, the same uninterrupted succession, the same doctrines. They had indeed a different name; the one was called the Church of England, the other is called the Protestant Episcopal Church. So also the Church of Rome in France was called the Gallican Church: But this discrimination of names did not prevent its participating of the same nature with the Catholic Church.
3. When we come to that part of our statute-book, which details the acts passed since the Revolution, new proofs occur of the validity of the title, which the Church has in these lands. The act of 1776 recognises the identity of the Church, and saves in all time coming, the title of the Churches, Glebes, &c. The act of 1784 incorporates the Church; the act of '85 repeals the incorporating law, but still saves the rights of the Church: the act of '88 allows its trustees for the superintendence of its property. All these acts thus recognise the identity of the two Churches and their rights of property.
The Attorney General contends that these laws can confer no new right, because they would in that case be unconstitutional, being
contrary to the 14th article of the Bill of Rights. Mr. Wickham was not certain that the constitution does prohibit any establishment of religion. The time may come, when the Legislature may be of that opinion. At all events, these laws do not contravene this article, because they do not confer any original right. They only give the fact which was already superior to the other before the revolution, the means of enjoying its property better than before. Notwithstanding the great ardor which had been manifested on this occasion to guard the Bill of Rights from violation, he had some doubts whether deviations from this instrument had not occurred more of tenable than these laws on the Glebe lands. On the other day, property was given to Mrs. Reed in the case of Reed and Reed, without the consideration of public service. Property has been given to schools, which however generally they may be in their utility, cannot be said to be public institutions or to be productive of public services. The employment of a Chaplain by the legislative body affords an instance of a preference being given to one religious persuasion above all others.
These laws then have vested property in the Church. The laws may be repealed, but the property cannot be thus divested. The Attorney General has contended, that an act of Assembly may repeal laws establishing corporations, and afterwards dispose of their property. Mr. W. admitted that when the property of corporations or of private individuals was taken for public purposes, this right might exist in them. But can they take property from A and give it B, although B has a right to it, or although A has none? If they cannot do it directly, they cannot do it indirectly. This brings us then to two questions.
1st. Whether the Legislature have attempted to extinguish any such power?
2d. Whether they have a right to do it?
1st. The acts of 1798 and 1801 may, in this respect, be considered as one act, as they have both the same object in view. The first repeals all laws since the revolution, as being unconstitutional. The second carries this law into effect, by vesting this property in the overseers of the poor. Mr. W. observed, he would say very little on the inconsistency in these laws, sacrificing the rights of the Church in the Glebe lands, and in still retaining Churches and Church-Yards, and in giving emolument to the present incumbents.—Mr. W. said, that the object of both these laws was the same. It was to take away the property from the Church, and dispose of it on the question of right. This was a question which this Court alone was competent to decide. It was similar to any other question of property. It was not one in which the interests of the state were directly concerned, in which property was to be transferred to the use of this commonwealth. It was a question between the Church and the Parish. It was whether property was to be taken from A and given to B. Had the Legislature then any right to decide this question?
2. Whether this was a right which belonged to the Legislature or not, cannot be decided on abstract principles. We must not go to enquire what was done by Henry VIII of England, or by the revolutionists of France. The first might plead an arbitrary power; the advocate of the last has founded their vindication on the exigency of the times. Neither of those pleas can be of any avail to our Legislative body. They had a plain chart to go by, which restricted their powers, & which necessity did not compel them to abandon. They had the constitution before them. They might have read in that, the condemnation of their proceedings. The third article of the constitution declares, that "the Legislative, Executive and Judiciary departments shall be separate and distinct." If this article means any thing, it devolves on the courts exclusively, the power of deciding on property. This privilege has been assumed by the Legislature, on the present occasion. The acts of 1798 and 1801, are consequently unconstitutional and void.
Mr. Wickham inferred from these statements that these Glebes were vested in the Church, before the revolution: that they were not divested by the revolution or the Bill of Rights: that of the acts passed since the revolution, some have given an additional confirmation to the rights of the Church, whilst the two, which deviate from this uniformity have resulted from an unconstitutional assumption of power by the Legislative body.
Mr. W. concluded with a few remarks on the jurisdiction of the Court.
[TO BE CONTINUED.]
BY AUTHORITY.
[LAWS OF THE UNITED STATES.]
AN ACT
In relation to the Navy Pension Fund.
BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all the money accruing or which has already accrued to the United States, from the capture of prizes authorised by law, and which has not already been paid to the secretary of the navy, the secretary of the treasury, and the secretary of war, as commissioners of the navy pension fund; shall be paid to the treasury of the United States.
Sec. 2. And be it further enacted, That it shall be the duty of the treasurer of the United States, to receive all the money so accruing, and to disburse the same pursuant to warrants from the secretary of the navy, countersigned by the accountant of the navy; and a distinct quarterly account of the monies thus received and disbursed, shall be rendered by the said treasurer to the accounting officers of the treasury, in the same manner as is provided for other public monies received by him.
Sec. 3. And be it further enacted, That it shall be the duty of the accountant of the navy to receive and settle all accounts whatever, in relation to the navy pension fund, and report from time to time, all such settlements as shall have been made by him, for the inspection and revision of the accounting officers, of the treasury, in the same manner as in other cases of public accounts.
Sec. 4. And be it further enacted, That the comptroller of the treasury shall be fully authorised and empowered to direct suits for the recovery of any sums now due or which may hereafter be due to the United States, for prizes as aforesaid, and to prosecute, the same in the name of the United States, in the same manner as in other cases for the recovery of monies due to the United States.
Sec. 5. And be it further enacted, That the commissioners of the navy pension fund be, and they are hereby authorised to appoint a secretary, who shall perform all such duties in relation to the fund, as they shall require of him; and shall receive for his service, a salary not exceeding two hundred and fifty dollars per annum, to be paid quarterly at the treasury of the United States, and charged to the same fund.
Sec. 6. And be it further enacted, That the commissioners of the navy pension fund be, and they are hereby authorised and directed to make such regulations as may to them appear expedient, for the admission of persons on the
roll of navy pensioners, and for the payment of the pensions.
NATHL. MACON,
Speaker of the House of Representatives.
JESSE FRANKLIN,
President of the Senate pro tempore.
March 26, 1804.
APPROVED, TH: JEFFERSON.
AN ACT
Further to protect the commerce and seamen of the United States, against the Barbary powers.
BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of defraying the expenses of equipping, officering, manning, and employing such of the armed vessels of the United States, as may be deemed requisite by the President of the United States, for protecting the commerce and seamen thereof, and for carrying on warlike operations against the Barbary powers, or any other of the Barbary powers, which may commit hostilities against the United States, and for the purpose also of defraying any other expenses incidental to the intercourse with the Barbary powers, or which are authorised by this act: A duty of two and an half per centum ad valorem, in addition to the duties now imposed by law, shall be laid, levied and collected upon all goods, wares and merchandise, paying a duty ad valorem, shall from the thirteenth day of June next, be imported into the United States from any foreign port or place: And an additional per centum shall be made to the said additional duty in respect to all goods, wares and merchandise imported in ships or vessels not of the United States: and the duties imposed by this act shall be levied and collected in the same manner, and under the same regulations and allowances as to drawbacks, mode of security and time of payment respectively, as are already prescribed by law in relation to the duties now in force on the articles on which the said additional duties are laid by this act.
Sec. 2. And be it further enacted, That a distinct account shall be kept of the duties imposed by this act, and the proceeds thereof shall constitute a fund, to be denominated "The Mediterranean Fund," and shall be applied solely to the purposes designated by this act: and the said additional duty shall cease and be discontinued at the expiration of three months after the ratification by the President of the United States, of a treaty of peace with the regency of Tripoli; unless the United States, should then be at war with any other of the Barbary powers, in which case the said additional duty shall cease and be discontinued at the expiration of three months after the ratification by the President of the United States of a treaty of peace with such power: Provided however, That the said additional duty shall be collected on all such goods, wares and merchandise, liable to pay the same, as shall have been imported previous to the day on which the said duty is to cease.
Sec. 3. And be it further enacted, That the President of the United States, if he shall deem it necessary, shall be and is hereby authorised to cause to be purchased or built, officered, manned and equipped, two vessels of war, to carry not more than sixteen guns each, and likewise to hire or accept on loan in the Mediterranean sea, as many gun-boats as he may think proper.
Sec. 4. And be it further enacted, That a sum not exceeding one million of dollars, to be paid out of any money in the treasury not otherwise appropriated, shall be, and the same is hereby appropriated (in addition to the sum heretofore appropriated for the same objects) for the purpose of defraying any of the expenses authorised by this act, which may be incurred during the present year: Or if necessary the President of the United States is hereby authorised to borrow the said sum, or such part thereof as he may think proper, at a rate of interest not exceeding six per centum per annum, from the Bank of the United States, which is hereby empowered to lend the same, or from any other body or bodies politic or corporate, or from any person or persons: and so much of the proceeds of the duties laid by this act, as may be necessary, shall be, and is hereby pledged for replacing in the treasury, the said sum of one million of dollars, or so much thereof as shall have been thus expended, and for paying the principal and interest of the said sum, or so much thereof as may be borrowed, pursuant to the authority given in this section: And an account of the several expenditures made under this act shall be laid before Congress during their next session.
NATHL. MACON,
Speaker of the House of Representatives.
JESSE FRANKLIN,
President of the Senate, pro tempore.
March 25, 1804.
APPROVED, TH: JEFFERSON.
Virginia.
At a Superior Court of Chancery held at the Capitol in the city of Richmond, 14th of September, 1803—
Between
Mary Ruffin, executrix, and Herbert Claiborne, James Ruffin and William Ruffin, executors of Robert Ruffin deceased, and the said James Ruffin, Robert Ruffin and Sterling Ruffin, prosecuting in their own rights.....Plaintiffs.
And
William Clock, and James Cargill Jones, and Richard Jones, infants by Charles Binns Jones, their guardian.....Defendants.
IN this cause, abated as to the plaintiffs Mary Ruffin and James Ruffin, by their deaths, and heard on the bills, answers, exhibits, and examinations of witnesses, and argued by counsel, the fourteenth day of September, in the year of our Lord one thousand eight hundred and three, the court directeth one of the commissioners to state and report the credits, to which the defendants are, if to any they be, entitled, exclusive of the paper money tendered, and justly rejected in November, of the year one thousand seven hundred eighty one, towards discharging the debt, for securing payment of which, the mortgage proposed to be foreclosed, was granted.
A Copy—T. fle,
P. TINSLEY.
May 25th, 1804.
(aw2m)
(7)
On the motion of the plaintiffs, by their counsel, John Jones is assigned guardian to the infant defendants, to defend them in this suit, in place of Charles Binns Jones, who is dead.
A Copy.
P. TINSLEY.
COMMISSIONER'S OFFICE,
Richmond, May 26th, 1804.
THE parties concerned are desired to take Notice, That I have appointed Wednesday the twelfth day of July next, for carrying into effect the within decree; upon which day their attendance is required at my office, with their papers and accounts, ready for examination.
WM. HAY, M. C.