The enquirer (Richmond, Va.), 1806-08-15 00:00:00

The Enquirer.
PUBLISHED BY THOMAS RITCHIE, OPPOSITE THE POST-OFFICE...AT FIVE DOLLARS PER ANNUM... (PAYABLE IN ADVANCE.)
NUMBER 29.]
RICHMOND, FRIDAY MORNING, AUGUST 15, 1805.
[VOLUME 3.]
FOR SALE —in the lowest terms: 2500 sacks of LIVERPOOL SALT, and 90 crates of LIVERPOOL EARTHEN WARE of superior quality & well assorted, just arrived in the ship Mercator , Captain JOHNSON, from Liverpool, at Bermuda Hundred—
OVERTON ANDERSON.
May 23.
VALUABLE PROPERTY—FOR SALE.
BEING desirous of removing to the Western country, I will sell the land whereon I now live, in Buckingham county, at the mouth of Slate river, on James river, sixty miles above Richmond; containing above One Thousand Acres, one hundred and twenty of which, at least, are Excellent Low Grounds—On this farm are all necessary and convenient improvements for any sized family, viz. a spacious and handsome Dwelling House, quite new; Kitchen, Meat-house, Stables, Carriage-house, Barn, Ice-house, a Garden well paled in with the best materials—also, nearly all new—There are on this farm tolerable Orchards of different kinds; and two Shad-fisheries, surpassed by none on the river above the falls. One fourth of the purchase money will be required in hand; and the remainder in three equal annual payments, with a lien on the premises to secure the payment of those three last sums.
GEORGE NICHOLAS.
With the above valuable farm, and immediately adjoining, may be had also, the SLATE QUARRIES, heretofore advertised; supposed by good judges, who have visited them, to be equal if not superior to any now known, in point of quantity, quality and situation. For the reasons formerly given, they may be had for any species of property more convenient to, or requiring less attention from the subscriber. If they are not soon disposed of, it is proposed to recommence the working of them the ensuing autumn: when, it is confidently believed from the experiments already made, that covering of that kind may be expected on much more reasonable terms in Virginia, than that bulky and heavy article can possibly be had from any more distant quarters.
JOHN NICHOLAS.
July 25.
SAMUEL BARRET, BOOT AND SHOE MAKER; INFORMS his friends and the public in general, that he has taken the store, next door below the Eagle Tavern; where he will execute any work, in his line of business, either gentlemen or ladies shoes, on the shortest notice. August 1. (entf.)
SCHEME. RICHMOND ACADEMY LOTTERY.
  CLASS III.    4000 tickets at 10 dols. 40,000  1 prize of 10,000 dols. 10,000  10 do. of 500 5,000  50 do. of 100 5,000  40 do. of 50 2,000  1200 do. of 15 18,000  40,000  
1501 prizes. 2699 blanks. 40,000
The following prizes are stationary, to wit: The first ticket after 1000 are drawn 500 dols. do. after 1500 500 do. after 2000 500 do. after 2500 500 do. after 3000 500 do. after 3500 10,000
Tickets may be had of the members of the committee, at the Treasury Office, the Bank, Samuel Pleasants's Book Store, and at the Office of the Enquirer.
GEO. HAY, GEO. TUCKER, WM. MOSELEY, ROBT. MITCHELL, & WM. DU-VAL, COMMITTEE.
The drawing will take place in December in this city, and the prizes paid 60 days after its completion. Richmond, August 1. oaw2m.
JUST RECEIVED, AND FOR SALE BY THE SUBSCRIBERS:
 Muscovado Sugar assorted 1 Tar  West-India Coffee 1 do. Leiper's Snuff  Antigua & Jamaica Rum 1 Macomba do.  Country 1 do. Havana Segars  Cognac & Peach Brandy 1 Salt Petre  Holland Gin 1 Brimstone, Madder, and  W. India and Sugar-house Molasses 1 Ground Ginger in small kegs  L. P. Madeira Wine 1 Log-wood  Port, Sherry and Malaga Wine 1 Turkey Cotton  Hubberts' Brown Stout 1 New-York Candles and  Martinique and Bordeaux Cordials 1 Soap  Barrel Salt 1 Spermaceti Candles  Do. in Sacks and loose 1 Oil  Bullock's Cheese 1 Patent Lamps  Caldwell, Frazier & Co's superfine Chocolate 1 Dutch Cakes with plain and gilt Bottles  Rice 1 Callings assorted  Nummegs, Pepper, Ginger and Pimento 1 Bartlett and Stone Ware  Mace and Cloves 1 Writing & Wrapping paper  Oil, Olives, and Capers 1 Henry VIII. and Merry Andrew Cards  Sun-powder, Young Hy-son and Souchong Teas 1 China Plates, do. Bowls of different sizes  Cantlers containing 17lb. and 3lb. Gun-powder 1 Do. Tea and Coffee Cups and Saucers  Tea 1 Do. Chimney ornaments  Pickled Salmon 1 Plain and cut qt. pt. and half pint Decanters  Cut Herrings and Shad 1 Pint, half pt. & gilt Tumblers  Patent shot assorted 1 A few sets Table China.  F and FF Gun-powder 1 A regular supply of Loaf Sugar by the hhd. and barrel, at Philadelphia price. 
FISHER & LESUEUR. oawtf.
FOR SALE.
THE Subscriber would dispose of a valuable MILL, (formerly belonging to Col. George Bird, deceased) situate near the upper end of Middlesex county, together with a tract of Land containing by a late survey, one hundred forty-five and a half acres, lying contiguous to, and immediately on the south bank of Rappahannock river, eighteen miles below Tappahannock, eight below Boyler's ferry, and ten only above Urbanna; if not sold previous to Monday the fifteenth day of September (that being the first day of the next district court, to be held at King & Queen court-house) if fair, otherwise the first fair day, it will be sold to the highest bidder (at the time and place before mentioned) and possession given the first of January next, on the following terms, to wit: One half of the purchase money to be paid on the day of sale, the balance in twelve months, secured by lien on the property, to carry interest from the date of not punctually paid. A description is deemed unnecessary, as it is presumed some would purchase without first viewing the farm. ROBERT BIRD. Hanover county, August 5. 18th-sept.
JUST RECEIVED, And for sale at the Enquirer Book-Store, "A MANUAL OF PARLIAMENTARY PRACTICE FOR THE USE OF THE SENATE OF THE UNITED STATES" BY THOMAS JEFFERSON.
THE SECRET HISTORY OF THE COURT AND CABINET OF ST. CLOUD.
PRINTED AT THE ENQUIRER PRESS & THIS DAY PUBLISHED,
A CORRECT Edition of "THE RUDIMENTS OF THE LATIN TONGUE; or, A Plain and Easy Introduction to
LATIN GRAMMAR: wherein the principles of the language are methodically digested, both in English and Latin.—With useful Notes and Observations, explaining the Terms of Grammar, and farther improving its Rules." BY THOMAS RUDDIMAN, M. A. August 8, 1806.
THE subscriber wishes to sell 633 acres of land, lying on James river, opposite to the 7 Islands, 55 miles above Richmond, upon which are two fish-eries—for terms, apply to William Hanson on the premises, or to the subscriber within ten miles of the farm. WILLIS WILLIS. (oawit.) July 29.
LOST.
THE first volume of the New or Edinburgh System of Anatomy and Physiology, was lent out of the subscriber's shop during the last summer. As the loss of this vol. ruins the set, it is presumed the gentleman who has it, will return it without delay. It had the name of the subscriber and the price of the work written on the title page. J. TRENT. August 12.
HANOVER JOCKEY CLUB.
THE Hanover Jockey Club having been organized, the races will commence at this place, on the 2nd. Wednesday in October next. 1st. Day—9 mile heats, free for any horse, mare, or gelding. 2nd. Day—9 mile heats, confined to untried colts, not exceeding 4 years of age. The regulations with respect to weights, &c. are adopted from those of the Fairfax Jockey Club. A general meeting of the Club, is requested on the day preceding the first day's race. SKELETON JONES, Secretary to the Club. (240.) Hanover C.H. August 12.
BLAKE B. WOODSON, Esquire, of Cumberland county, will give his attention to my business, in the superior court of law held at Prince Edward Court-house. CREED TAYLOR. August 12.
FOR SALE —A likely NEGRO BOY. Enquire of the Printer. August 12. (tf)
A Mulatto Female SERVANT, who has been accustomed to plain cooking, washing and ironing—Apply to the Printer. August 12. (tf)
FOR SALE, At public auction, on the premises, on Wednesday, 15th September next, (if not privately disposed of by private contract.) FIVE hundred and fifty acres LAND, situated in the upper end of Cumberland county, eighteen miles from the Court-House, three from Farmville, and one from a good manufacturing mill on Appomattox, now navigable almost to Petersburg. This LAND lies in a good neighborhood, and is in good order and inferior in quality to none east of the mountains; there is 10 or 12 acres meadow, handsomely set with timber, and about 20 acres more prepared for sowing next spring; in addition there is an extensive bed of Coal which to a person of capital would be highly valuable; one third the purchase money will be required in hand and the balance in two annual installments. JOHN KELSEY. August 12, 1805. (tf)
LOT FOR SALE.
Will be sold at private Sale, THAT most elegant LOT on the Main-Street of this City, known in the plot by No. 585. It is situated in the neighborhood of Mr. Gallego's, & is securely enclosed. Its elevated situation commands a most enchanting view of the Main-Street, the whole city, and the surrounding country. It is contiguous to the circles of fashionable society. In fact, in all that constitutes the beauty, or the convenience of a city situation, it is inferior to none in this City.—An indisputable title will be made to the purchaser. For terms of sale, apply to the Editor of the Enquirer. July 29. (3wet)
FOR SALE,
A Likely young NEGRO MAN who has been accustomed to work in the crop—For terms apply at the Enquirer Office. August 1. (tf)
ALL persons having claims against the estate of John Hoomes, dec'd. of the Bowling-Green, are requested to make them known, that provision may be made for a final settlement,—And those indebted must make immediate payment to JOHN HOOMES, and JOHN G. WOOLFOLK, Executors of John Hoomes, dec'd. Jan. 22. (tf)
FRANCIS BRIGHT. Porto Bello, July 25. (tf)
APPRENTICES WANTED.
TWO Boys about the age of fourteen, wanted as apprentices to the gold and silversmith's business, by JOHNSON & REAT, August 5. (tf)
FOR SALE, A BLACK and Tan HOUND, about 15 months old, will be sold for a moderate price. Apply to the Enquirer Office. August 12. (tf)
FOR SALE, A BLACK and Tan HOUND, about 15 months old, will be sold for a moderate price. Apply to the Enquirer Office. August 12. (tf)
FOR SALE, A BLACK and Tan HOUND, about 15 months old, will be sold for a moderate price. Apply to the Enquirer Office. August 12. (tf)
FOR SALE, A BLACK and Tan HOUND, about 15 months old, will be sold for a moderate price. Apply to the Enquirer Office. August 12. (tf)
FOR SALE, A BLACK and Tan HOUND, about 15 months old, will be sold for a moderate price. Apply to the Enquirer Office. August 12. (tf)
FOR SALE, A BLACK and Tan HOUND, about 15 months old, will be sold for a moderate price. Apply to the Enquirer Office. August 12. (tf)
FOR SALE, A BLACK and Tan HOUND, about 15 months old, will be sold for a moderate price. Apply to the Enquirer Office. August 12. (tf)
THE partnership of Jeff. Higgenbotham & Co. this day dissolved by mutual consent; all persons who have accounts with the concern, are requested to come forward and settle them with Jeff. Higgenbotham. BROWN, RIVES & Co. JESSE HIGGENBOTHAM. Caira, 1st August, 1806.
THE business will be continued by James Brown, of Richmond, Robert Rives, of Amherst county, and Henry Rives of this place, under the firm of Henry Rives & Co. who will pay all claims against the late concern of Jeff. Higgenbotham & Co. JAMES BROWN, ROBERT RIVES, HENRY RIVES. Caira, 1st August, 1806. gthS
A MINISTER is wanted for the Parish of St. George, in the county of Spotsylvania, which lately became vacant by the resignation and consequent resignation of the Rev. Mr. Wm. Wm. a minister of the Protestant Episcopal Church. Proposals will be received by the subscribers till the first day of November next, and it is expected the gentleman contracting will enter upon the duties of his office, on the first Sunday in December next, or sooner if convenient. JAMES BROWN, } Church Wm. TAYLOR, } Wardens. Fredericksburg, August 8, 1805.
FOR SALE.
IN virtue of a deed in trust, to me executed, by captain Foulke G. Tibb, for purposes therein mentioned; the whole of the property specified in said trust-deed, consisting of a very valuable tract of LAND, several valuable Slaves, Household & Kitchen furniture, and Stock of various kinds. The Land lies in Essex county on Rappahannock river, ten miles below Tappahannock; very convenient to the best of fish, oysters and crabs, contains 2381 acres, lays level and well adapted to the culture of tobacco, corn and small grain. There is on it a dwelling house in good repair, as also other convenient houses for a small family, valuable young orchards of peach and apple of choice fruits, belonging to the above tract; there is as much marsh as will afford hay in the greatest abundance, for one hundred and fifty head of cattle; the land is well watered and remarkably healthy. The sale will take place on the premises, on the 24th day of October next, and the terms fully made known on that day; a part of the purchase money for each article will be required in hand, by CHARLES BROWNE, Trustee. Essex, August 8. (tf)
NOTICE IS HEREBY GIVEN,
THAT some time in the month of October 1804, I enclosed a parcel of papers in a letter directed to Mr. John A. Robertson of Amelia county, near Genito Bridge, which letter with its contents was never received by Mr. Robertson. The subject of the letter related to a certain suit, brought by me, against Pleasant Roberts, of Amelia, giving Mr. Robertson, whom I employed as my attorney, such directions as the case required. The papers were principally wheat receipts, some signed by the said Pleasant Roberts, & others by Chastain and Willie Roberts for Pleasant Roberts, together with other vouchers. Any person who will be good enough to convey or cause them to be conveyed to me in this place, shall receive TWENTY DOLLARS reward. BENJAMIN DENNIS. Manchester, August 8. Gtp.
WANTED IMMEDIATELY,
AN Active Young Man to act as a BAR-KEEPER, to whom liberal wages will be given. Enquire at the Eagle Tavern. July 22. (tf)
THE subscriber has removed his Broker's Office
to the middle tenement, in Doctor Farnan's new building, the first door above Messrs. Pickett, Pollard and Johnston, and the second below the Post-Office; where he will attend particularly to all business confided to him. THOMAS NORVELL. For sale, 10 SHARES in the JAMES RIVER COMPANY. June 6. (tf)
A BARGAIN
MAY be had in a Chaise, Harness, and pair of excellent horses—Enquire of the Editor. August 5. (tf)
NOTICE.
THE partnership of John Butler & Co. at Cartersville, is this day dissolved by mutual consent. The collection of all debts due to that concern, is committed entirely to William M'Kenzie the acting partner of William M'Kenzie & Co. and to him alone or to any one he may appoint is payment to be made. JOHN BUTLER, Wm. M'KENZIE & Co.
All persons indebted to the late concern of John Butler & Co. are requested to make payments to Mr. Robert Atkinson, as he alone I have authorised to grant discharges for the same. Wm. M'KENZIE. April 19. (tf)
DR. RAIL MILL STONES, OF ALL SIZES; and
PLASTER OF PARIS, of an excellent quality, FOR SALE, AS USUAL, BY WILLIAM DAVIDSON, near the Market. (entf.) Dec. 4.
TO SPORTSMEN.
Will be sold publicly at the Bowling Green, on the 10th, day of October next (if not privately disposed of before that time) the following Stallsions: BUZZARD—DARE DEVIL—ARCHDUKE, ESCAPE, by Precipitate out of a litter of Buzzard's—STORM, by Cormorant out of a Darlington mare. After which about thirty thorough bred brood Mares, Colts and Fillies. The terms of sale will be made known in a few weeks by JOHN G. WOOLFOLK and JOHN HOOMES, Executors of John Hoomes, dec'd. August 1. (tf)
3000 wt. SALT PETER, BACON, 1000 wt. first quality N. ENGLAND CHEESE, 10 gross BOTTLED CYDER, A few barrels CLOVER SEED, 150 pieces PAPER-HANGINGS. For Sale by EDWARD HALLAM. Constantly for Hire—An Excellent Carriage and Horses—apply as above. May 27. (entf.)
FROM THE AMERICAN CITIZEN.
U. States, vs. Col. Smith—(Continued.) Peter Roff, sworn.
The witness is a carpenter, was born in Vermont, and came to New-York, 10th December last. He was engaged to go on board the Leander by capt. Gardner, who told him he was to go to New-Orleans. He was engaged January 26, and went on board the same day. When on board he found that the vessel was not going where he had been told she was. He then wanted to go on shore, but they would not let him. Mr. Ogden came on board. The Leander went from N. York to Jacmel, but there was no commerce transacted there. There was a considerable number of guns on board the Leander and a great quantity of ammunition, but none was taken out or landed at Jacmel. There was also on board a printing press, which was set up at Jacmel. Proclamations were printed on board, with Miranda's name at the head of them. The proclamations were put up in boxes and packed away in the hold. There was no sort of commercial business done at Jacmel, for he should have known it if it had been done: They were five weeks at Jacmel. Two or three of the men swam on shore and escaped. He thinks there were 300 people on board. About 300 went from Jacmel to the island of Aruba. Here they landed, mutinied, and had a military parade; it was a tolerable mutiny: This was getting ready. From Aruba they went to Porto Cavello, on the Spanish Main; thence to Bonair, where preparations were made to land. From Aruba an English Schooner fitted with them, besides two Schooners which were in company with the Leander . The two Schooners parted a little from the Leander to look out for a landing place. Here two Spanish armed ships came in sight, and intervened between the two Schooners and the Leander ; the Schooners were then cut off from the Leander . The Spanish ships attacked the Leander , and a close action of half an hour ensued, but the Spaniards were repulsed, made sail, bore down to the two Schooners, and captured them. We went on board Bonair having given up the intention of landing, and thence to Barbadoes, where they met with the Lilly Loop of war. The men said they would sacrifice their wages if they could get leave to quit the Leander , but they could not, some of them jumped over board and swam ashore. Owing to the discontent of the men the situation of the arms was changed; they were put into the steerage, and locked up. The witness was employed on board the Leander in making spades and iron-shovels; he also made handles for 700 pikes. Miranda was called general; Armstrong, colonel; Sands, brigadier-major; Loudon, capt. of artillery; Billop, a captain; there were more officers than men. At Barbadoes, after our return, and when the men were discontented, some of them were taken out of the Leander and put aboard the Lilly . Miranda refused to discharge the witness who wanted to come ashore. On his cross examination he says that the Schooners were equipped at Jacmel, where about a dozen men were procured. He was informed that it was their original intention to get additional force at Jacmel. They were all landed at Aruba by the general. From Aruba they returned on board willingly for aught he knew; he never heard that it was optional with any one of them to go on board or not. When they left New-York they were not in a condition to enter upon the enterprise. Adjourned to Tuesday morning, July 22. Tuesday Morning. Richard Platt.
Colonel Platt, the witness, came up this morning
to retract his former testimony. What he before stated as testimony was principally founded on a letter from Mr. Duncanson to Colonel Smith which the latter had read to him, and which he had in some measure misconceived. He wished to recall his former testimony, and to refer it on Duncanson's letter which he produced and read to the court. The letter is a eulogy, and in some parts of it represents a mind not quite sane. It is this. December 28, 1805.
"I this morning called on Thomas Jefferson, and understood that something must be done against the enemies of my adopted country. I am at your service, and if you step forward, & I think you will if it be true that an old coachman likes a smack of the whip. You know I ought to have an immediate answer." The witness said he believed that Colonel Smith acted under a persuasion that government approved of the measures of Miranda. Dr. Douglas, sworn.
The witness knew a number of young gentlemen who went out in the Leander . He understood that the defendant had the nomination of a number of young men to Miranda. At one time colonel Smith said that Miranda was going home to see his grandmother, and he wanted some young men to go with him to see her farm. The defendant told the witness that our government knew of the enterprise. Some time before Miranda arrived in this country, I rode out with the witness who said there was a great business on hand. When questioned on the nature and object of the expedition, while it was preparing, the defendant said that a gentleman had seen the President, and that it was unnecessary for him to go to Washington; Colonel Smith assured the men that he was authorised by government to do what he was doing. He told them that he was to go with Miranda, that they would stop at a friendly island, that if they did not then choose to go, they might return, and that their passage back should be paid. He said he was authorised to do this by our government. What I (the witness) understood was that the defendant was an intimate friend of Miranda, and he said that whatever he, (the defendant) promised them (the men) would be fulfilled when they got aboard. I do not know whether they were referred or not to Miranda, but I recollect that they went out as sergeants, and that they were to make their engagements with captain Lewis as sergeants; & when they got to the friendly island and Miranda explained to them the enterprise; if they liked it, they might engage, and have what had been promised by colonel Smith. I heard colonel Smith say, that if Miranda found Sands a very clever fellow he would make him a major. There was only one who engaged to go out as sergeant of the Leander —the witness said that the impression on his mind was, that colonel Smith only recommended. Colonel Smith said
the men were going out under Durning as their leader, and were now satisfied, but the men whom he saw said they were not satisfied. The witness remarked that he was known to be the intimate friend of colonel Smith. Benjamin R. Hobson, sworn.
This witness said that colonel Smith applied to him to embark in an expedition, but would not tell the particulars at that time. Dr. Douglas also applied to him. He went to colonel Smith's on a Sunday, when the witness's name was handed to him. He saw Smith, but he would not tell the witness what the expedition was; He said it was an honorable expedition, and that the President and Secretary of state authorised it. He said the witness should have the place of surgeon, and that it should be in military land service. The witness was not to go out of America. Colonel Smith said we were going out with our friends. We might succeed well, but if we did not we must take our fate. Charles S. Cutting, sworn.
Mr. Cutting said that he called on colonel Smith but was not perfectly satisfied with his explanation. He then called on the colonel again who promised him a military station; lieutenant and adjutant. He did not however choose to go without pay, and in case of being made a prisoner he did not know what country to look to for protection; he thinks this was in December. When he applied it was in reference to the Leander . He understood that he was to go in the Leander as a passenger, and that he was to receive his commission and an explanation on board. Colonel Smith said that when we got to our half way destination we should have our option to return. Adam Tenbroek, sworn.
I was applied to by Pink to enlist to go to Washington to follow the President. I was to be one of a military guard to the President—I did not engage for I thought there was some prearranging in it. I was on board the Leander twice, but did not go with her. Colonel Smith's papers were read to me; I saw Burke write; I was very uneasy. John Ripley, sworn.
Colonel Smith saw and mentioned to me an expedition. He asked me to accept of a commission. He said that there was an expedition fitting out in the country under the authority of the British government, against Caraccas, and was to be conducted by general Miranda. He said that application had been made to the President for leave of absence for him, and that the President said that colonel Smith could travel if he pleased. He pressed the witness to take a commission for the command of a regiment. Adjourned to Wednesday 22d.
WEDNESDAY.
Henry Mack, sworn. Did colonel Smith apply to you last winter to enter into the military as an artillery?
He did, he applied to me to enter into our service, which I understood to be the service of our government. I was to be second lieutenant—He gave me an order to get uniform. Did you get it?
Not I. I quit the scheme the next day—I went to the colonel next day and told him I did not choose to go. The witness was at captain M'Lean's; he was there because he was acquainted with him. Godfrey Graubuck, sworn.
Were you enlisted last winter to go into the military service? I was. By whom? By Mr. Pink. What was you to do? Pink said I was to guard the mail of the United States to New-Orleans. Thomas Lee, sworn.
Was you enlisted to go into the military service? Yes. What for? I was to be in the horse service. What was you to be? A trumpeter, fir. Who enlisted you? Pink.
Richard Platt, a minor, sworn. Was you enlisted? I was. By whom? Pink. For what service? I was to be a corporal, fir, for government service; I was to go to Washington; they said the President was going to travel and wanted a guard; Colonel Smith told me I was not to go out of the United States; the witness and other young men were told expressly that they were not to go out of the U. S. Who told you so besides col. Smith? Pink told me I was to guard the President, butler, but when I was again referred to colonel Smith, he said he would not tell me all the particular service, but I was not to go out of the U. S.—He signed an article; on being further questioned by the defendant's counsel, he observed that he knew that colonel Smith said they were not to go out of the United States; he said his son was to go with them, and would never be from them. Here the evidence was closed on the part of the prosecution. Before we proceed to notice the arguments of the counsel for and against the defendant, we deem it just and expedient to lay before the reader the names of the Grand and Petit Jurors empanelled in the April and July terms of the Circuit Court to pronounce on the accusations laid before them of offences committed against the Laws of the U. States. We shall do this because the community are entitled to the information, because we are convinced nor can any man who knows any thing of the proceedings be otherwise than convinced, that the defence has been conducted on party principles adverse to the administration of the general government, and because in what we may hereafter say upon this subject purposely made interesting by the federal party, we intend to appeal to the discernment and integrity of the public for a jury for a decision upon it.

Smith and Ogden were bound over to appear at the April term of the circuit court to answer allegations preferred against them of offences committed against the United States. To the previous proceedings (I mean the examinations of the accused) I shall hereafter advert, for although the light and puerile remarks of Mr. Coleman upon them do not deserve, they shall nevertheless receive an answer. They were then to appear at the April term, and it therefore became the duty of the Marshal for the district to seize and summon a grand and petit jury. They were accordingly seized and summoned. Here they are.
Grand Jury for April Term.
Matthew Clarkson,† Garrit Gilbert,*
Nicholas Fish,† Gerrard Stedford,*
Philip Brasher,† Jacob P. Giraud,*
Amasa Jackson,† Jon. Lawrence, jr.†
Frederick Babcock,† Grove Wright,†
Charles Ludlow,† Joshua Barker,†
Josiah Blackwell,† Abijah Hammond,†
Ralph B. Forbes,† John Kane,†
John B. Coles,† Jacob T. Walden,†
James H. Maxwell,† James Davidson,†
James Manning,† James I. Rooke,†
Henry Rutgers,* Isaac Pierson,†
† Federalists—* Republicans—† Burrites who act with the federalists.
The grand jury then consisted of 17 federalists, 4 republicans, and three Burrites. So irrefragable, however, was the testimony against the accused, that the grand jury, after a tardy and sorrowful sitting of nearly a week, found a bill against each.
They nevertheless did not omit to perform a political duty. By way of a set off for what they had done, they presented Judge Talmadge, the presiding Judge, for "illegal, tyrannic, and oppressive conduct," in the previous examinations of the accused. I give it as my opinion that among the seventeen federalists and three Burrites who thus pronounced upon the judge's conduct, of which they had no testimony, of which they had no proof, and perhaps of which they had made no enquiry, there was not a man competent to decide on the law question which the presentment involved. Like the subsequent presentment of myself by a similar grand jury for the publication of a notorious fact, I take the presentment to have been entirely malicious.
Petit Jury for April Term.
Charles Stewart,† Elias Burgee,† Robt. Brett,†
Thomas Cadle,† Abraham Boudine,† Gordon
Buck,† Garret N. Beecker,* Joseph Otis,†
Thomas Vail,* Silverter Robinson,† Henry Ten
Broek,* Wm. A. Davis,* John Tom,* Andrew
Mitchell,* Jacob Shieffelin,† John T. Durvec,*
Thomas Rodman,* Henry Suydam,† Benjamin
I. Moore,† John Church,† John Sanford,†
Wm. S. Chapman,* George F. Hopkins,* Geo.
Bement,* David G. Hubbard,* Isaac Hester,*
James Bailey,* Anthony Bartow,* John L.
Broome,* Wm. Thorne,* John Bedient,* Francis
Asgbury,* Joseph Strong,* John Mason,*
Benjamin Seixas,* Andrew S. Norwood,* Thomas
Hammerley,* Wm. Duffan,* Ebenezer
Irving,* Alex. J. Hamilton,* Wm. M. Ploy-
mert,* John Haverly,* Charles Snowdren,*
Bernard Hart,* Wm. Nelson, jun,* Henry Co-
theal,* James Swards,* Timo. Green,*
† Federalists—* Burrites—* Republicans.
The Petit Jurors then selected and sum-
moned by the Marshal, from whom twelve were
to be taken to try the indictments during the
April term, were 34 Federalists—9 Burrites, and
2 Republicans: making 48.
The accused were not however in April term
tried. On an affidavit of the absence of material
witnesses the trial was put off to July. The
Marshal had therefore to seize and summon a
new grand jury to enquire, at that term, into
similar offences, and a petit jury to try the two
indictments found during the April term against
Smith and Ogden.
New Grand Jury for July.
John G. Warner,* Joseph Lloyd,* John I.
Grover,* Wm. H. Robinson,* John Renien,*
Joshua Jones,* Gilbert Aspinwall,* Thomas
Mauk,* John Thompson,* Lemuel Wells,*
James Seaton,* Peter Griffin,* Jacob Clinch,*
Wm. Cowley,* John Townsend,* Nicholas G.
Rutgers,* John Hone,* Wm. G. Miller,* Da-
vid Carrill,* Peter P. Gooley,* Samuel Tooker,*
Eliza Leavenworth,*
† Federalists—* Republicans; to wit, twenty Fe-
deralists—two Republicans.
Petit Jurors for July, from whom 12 were
to be taken to try Smith, and 12 to try Og-
den.
James McConnell,* James Masterton,* John
A. Eort,* Benjamin Butler,* John M'Phie,*
Elias Haines,* John Batchelder,* Wm. Ta-
ble,* Lewis C. Hamermley,* Gould Hoyt,*
David A. Cumming,* Jonathan Little,* Alex.
S. Stewart,* Alexander Mowatt,* John P.
Grosvenor,* John P. Haff,* Joseph Strong,* Eli-
as Kane,* Henry Panion,* George Forman,*
John Fellows,* Wm. Bruce,* Schuyler Living-
ston,* Thomas B. Jansen,* Wm. Bogardus,*
James Palmer,* John J. Jerome,* John
August Wynkoop,* Andrew S. Norwood,* Ezra
Weeks,* Wm. Colt,* John Griffith,* John
Benjamin Seixas,* John Sullivan,* Robert
Sharp,* John Colvis,* Peter A. Caiman,* John
Sleidel,* John Rodman,* John Rathbone, jun,*
Abraham Smedea,* Cortlandt Babcock,* David
Longworth,* Martin Hoffman,* Wm. Duffan,*
Henry Heyer,* Adrian Van Bideren,* John B.
Lawrence,*
† Federalists—* Burrites—* Republicans:
namely, 41 Federalists—2 Burrites, and 5 Re-
publicans.
It is now unnecessary to say that Ogden and
Smith were acquitted.
(To be continued.)
NOTE.—It is a duty enjoined by the sacred cause
of impartiality, to annex the following letter relative
to the preceding report of this trial. The corre-
spondence of the testimony of Richard Platt has been
particularly objected to. If we have room enough here-
after, we may probably republish from the Aurora the
real correspondence, which is said to have taken place
between Mr. Duncanson and col. Smith.
To the Editor of the New-York Commercial Advertiser.
Sir,
I have observed in the American Citizen, a report
of the proceedings of the late circuit court of the U-
nited States, for the New-York district, and which,
as far as it has been given, contains many inaccura-
cies and material misrepresentations.
I think it proper to state, that all the proceedings
on this trial have been taken by Mr. Lloyd, the ce-
lebrated stenographer, particularly employed by Mr.
Ogden and myself, that a correct statement might be
on record. The Report of the Trial is now in the
press, and will soon be presented to the public, with
that impartiality, for which Mr. Lloyd is remarkable.
Until this publication is made, the public are solicited
to suspend their opinion.
W. S. SMITH.
New-York, August 1, 1805.
The President of the United States has ap-
pointed Lieutenant-Colonel PETER CURTE-
NIUS to the office of Marshal of the District of
New-York, in the place of John Swartwout,
Esq. removed.
N. F. Mers. Adv.
Foreign Intelligence.
THE CONSTITUTIONAL LAW OF HOL-
LAND—
As it has been agreed upon by Napoleon and the
Dutch Deputies.
GENERAL DEPOSITIONS.
Article 1. The constitutional laws actually in
force, especially the constitution of 1805, as the
civil, political, and religious laws, the exercise
of which is conformable to the regulations of
the treaty concluded on the 24th of May of the
present year, shall be preserved inviolate, with
the exception of those only which shall be abo-
lished by the present constitutional laws.
2. The administration of the Dutch Colonies
is regulated by particular laws, and the expen-
ces of the colonies shall be estimated as a part
of the revenues of the state.
3. The public debt is guaranteed by the pre-
sent laws.
4. The Dutch language shall continue to be
employed exclusively in the laws, the publica-
tions, ordinances, judgments and all the public
acts, without distinction.
5. There shall be no changes made in the
name of the present current coin unless it shall
be authorized by a particular law.
6. The ancient colours of the state shall be
preserved.
7. The council of state shall be composed of
thirteen members. The ministers shall hold
their rank, their sitting and their votes of deli-
beration in the said council.
OF RELIGION.
1. The King and the Law grant equal pro-
tection to all religions which are professed in
the state. By their authority every thing necessary
for the organization, the protection, and the ex-
ercise of every kind of worship is to be deter-
mined. The exercise of every kind of religion
is to be confined to the interior of the churches
belonging to the different communions.
2. The King shall enjoy the public exercise of
his religion in his palace, and in every other place
where he shall reside.
OF THE KING.
1. The King shall exclusively and without res-
triction, have the complete exercise of the Gov-
ernment, & all the power necessary to secure the
execution of the laws, and to cause them to be
respected. He has the nomination to all the
Charges and Offices, civil and military, which
according to anterior laws, were vested in the
Grand Pensionary. He likewise enjoys the pre-
eminence and the prerogatives hitherto attached
to that dignity. The seal of the state shall bear
his image. Justice shall be administered in his
name. He has the right of granting pardon,
abolition, or the mitigation of the pains produced
by judicial awards; nevertheless, he shall
not be authorized to exercise this right, but after
having heard the Members of the National Court
in his Privy council.
2. Upon the death of the King, the office of
guardian to the minor king shall be vested in the
queen dowager, and in case of her death, in that
person who shall be nominated for the purpose
by the Emperor or the French.
3. The regent shall be assisted by a council of
natives, the qualifications and privileges of
whom shall be determined by a particular law.
The regent shall not be personally responsible
for the acts of his government.
The government of the colonies, and every
thing relative to their internal regulation, belong
exclusively to the King.
The general administration of the kingdom is
confided to the immediate direction of four min-
isters of state nominated by the King, viz. The
minister of foreign affairs, the minister of war
and marine, a minister of the finances, and a
minister of the interior.
OF THE LAW.
1. The law is established in Holland by the
concurrence of the legislative body, formed by
the assembly of their high mightinesses, and by
the King. The legislative body is composed of
58 members, elected for five years, and nomi-
nated as follows: for the department of Hol-
land, 17 members; Guelderland, four; Bra-
bant, four; Friesland, four; Overijssel, three;
Zealand, two; Groningen, two; Utrecht, two;
Drenthe, one. But the number of their High
Mightinesses may be augmented by a law, in case
of aggrandizement of territory.
2. To complete the number of members au-
thorized by the foregoing article, their high
mightinesses shall present to his majesty, a list
of two candidates for each of the vacant places.
The king shall make the election out of the cand-
idates proposed.
3. The present Grand Pensionary shall take
the title of President of their high mightinesses,
and exercise his function in this quality during
life. The choice of his successors shall take
place in the manner determined by the constitu-
tion of 1805.
4. The legislative body shall choose a recorder
out of its own body, by a plurality of votes.
5."> 6. The legislative body shall assemble in or-
dinary twice in the year, viz. from the 15th of
April to the 1st of June, from the 15th of No-
vember to the 15th of January. On the 15th
of November a list of the oldest members shall
go out from the body. The first member shall
go out on the 15th Nov. 1807—Such members,
notwithstanding, may be re-elected.
OF JUDICIARY JUDICIARY POWER.
The judiciary institutions shall be preserved in
the mode they have been established by the con-
stitution of 1805.
3. Relative to the judiciary power, the King
shall exercise all the rights and all the authority
vested in the Grand Pensionary by virtue of the
constitution of 1805.
4. Every thing that relates to the exercise of
military criminal justice shall be separately re-
gulated by an ulterior law.
VIENNA, May 20.
Count Metternich, nominated ambassador
to the court of France, is to have a stipend of
80,000 florins. Twenty thousand florins are
to be allowed for his table, and 20,000 more are
assigned to him for furnishing his hotel.
STATE PAPER.
As, after the convention concluded between
his majesty the king of Prussia, and his majesty
the emperor of the French and king of Italy,
the principality of Anspach has, for several
weeks, been occupied by the French marshal
Bernadotte, in the name of his majesty the king
of Bavaria; I make known by this proclama-
tion to all my subjects, vassals, feudatories, cor-
porations, ecclesiastics, and laity of this princi-
pality, in virtue of the full powers and authori-
ty with which I am vested, and the pressing
orders I have received, that from this day his
Prussian majesty renounces and cedes the civil
occupation of this principality to the king of
Bavaria. Accordingly in the name of the king
of Prussia, I hereby attach to the crown of Ba-
varia the principality of Anspach, with all its
concerns and obligations relieving and exclud-
ing the private property of his majesty. I li-
berate all the aforesaid subjects, vassals, &c. of
Anspach, from their allegiance to the king of
Prussia, it being equally understood that their
engagements respecting the private property of
his majesty shall still remain in force; and I re-
place under the protection of the king of Ba-
var-
ia, as their new sovereign, all their prerogatives,
rights, claims, immunities, appointments, pen-
sions, emoluments, &c. for the enjoyment of
which they will continue to perform their cus-
tomary functions, and discharge the obligations
imposed upon them.
"In the name and by the express direction
of the king of Prussia, I thank all his faithful
subjects, vassals and servants of the principality
of Anspach, for the attachment they have dis-
played to his person, and the many proofs they
have given of fidelity and zeal for his service.
I add the assurance, that his majesty will always
take the most lively interest in their welfare,
(which their new sovereign will study to in-
crease), and that he will with pleasure embrace
every opportunity of convincing them of his un-
alterable regard."
(Signed) "NAGLER,
"Commissarial plenipotentiary on the part of
Prussia to place the principality of Anspach
under the crown of Bavaria. "Anspach,
May 24, 1805."
PARIS, June 10.
The Moniteur, of the 8th, contains the fol-
lowing note upon that passage of Mr. Fox's
speech of May 20, wherein he expressed his op-
inion, that should a favorable opportunity occur,
he would not object to risk a part of our milit-
ary force in recovering for Europe what had been
lost in the last campaign:
"This passage in Mr. Fox's speech is really
extraordinary. What does he mean by acting
offensively on the continent? What is there on
the continent? Who are the allies of England
in the war? Is it Prussia? But if we rightly
read the declaration of England, she has ordered
the Prussian vessels to be detained and in that
we cannot recognize a stipulation of alliance.
Is it Austria? But before we can suppose Mr.
Fox thinks so, we must set him down ignorant
of the treaty of Presburg. Is it Russia? We
must also suppose Mr. Fox does not know that
which is known to almost all Europe at this
day. Let him be well persuaded that the court
of St. Petersburg does not know what the her-
self has to fear from England on the seas and in
the east; and that she is ignorant that the af-
front which has been offered to her ambassador
in China, has been produced by the intrigues
of the English factory. We must suppose, in
fact, that Mr. Fox is ignorant that the mouths
of the Cataro have been restored to Austria, that
Brannan is in consequence restored to the emper-
or of Germany, and that the grand army, in the
course of a few weeks, will be united at Paris
for the fact which was intended to take place
in the month of May. It is true that the in-
trigues of the English retarded these sets three
months; but it would be easy for us to prove,
that the power of France has been increased by
the delay, and that her system has been conso-
lidated. It is thus that the efforts of England
always turn to our advantage."
"If she will only make peace when she shall
have recovered all that she has lost on the con-
tinent, which probably means when she shall
have effected the re-establishment of the fief-
holder in Holland, of Austrian Belgium, of the
duches of Venice and Genoa, and of her victim
at Naples, this declaration is by no means con-
soling for the creditors of the English debt. Mr.
Windham himself, excellent as an officer as he is,
knows that it will require twenty campaigns to
succeed to this extent; and the re-establishment
of the princes who owe their fall to nothing else
than England, does not offer a very encourag-
ing prospect to the new allies who would en-
gage in this fourth coalition."
"But if we are to believe these orators, their
new military system is to change every thing.
What nonsense! At no period have armies
purely
English ever rendered themselves con-
spicuous on the continent. Thus the troops of
the Black Prince were composed of Bretons,
Gascons, Normans. Charles the Bald, the
dukes of Burgundy, the great feudatories who
betrayed their prince, produced the success of
England. Thus the armies of Marlborough
consisted of Dutch and Germans, and only a
small number of English. It is true that the
duke of York commanded an army wholly Eng-
lish, when he appeared in our days before Dun-
kirk; but we know the result of the battle of
Hondschoote. It is true that this same prince
commanded an army entirely English, when he
landed in Holland; but the retreat of Alkmaar
will not be compared with that of the Ten
Thousand. It is true that more lately also, and
in the last war, the English landed in Naples,
but they only appeared there to overturn the
throne; and after having thus destroyed it, they
did not honour its fall with a drop of their
blood."
"They have also appeared in Hanover; but
here their triumphs were limited to the power
of re-embarking—an advantage which they
owed solely to the king of Prussia, that prince
whom they treat at this moment with so little
consideration."
"Should it even be true, that England had
considerable armies in the time of Louis XIV.
and XV. we are to draw no conclusion from
that respecting her actual military powers. She
had not then the great extent of possessions
which now belong to her. Were her army as
great as it has been, it would be annihilated by
the establishments which these detachments re-
quire. Thus, she is obliged to keep forty re-
giments in the East-Indies, ten in the West, two
at Malta, two at Gibraltar, &c. A nation of
nine millions of people, which before it can
have a man for its own defence, is obliged to
send fifty regiments to the East & West-Indies,
to oppose the entire Indian population, the ne-
groes, the Canadians, and the yellow fever, can
never be a military power in Europe; and it is
in these circumstances that England has lost
twenty five thousand Hanoverian soldiers—a
loss which she will never repair. The English
are laughing at the princes of Europe, when
they suppose that governments are weak enough
not to make those calculations; and not to see
that a nation, which has occasion for fifty re-
giments to defend its colonies, and an hundred
and fifty thousand sailors to protect its com-
merce and maintain its squadrons, incapable of
any effort in continental affairs. Besides, these
fine speeches of England, when she flies to se-
duce cabinets and form coalitions, have never
been justified by facts. Let us recall to our re-
collection what ministers did at the time of our
first coalition: Instead of employing these
means, which appear so powerful and formi-
dable in the mouth of their speakers, on their
emissaries, the English attacked St. Domingo,
Porto-Rico, Guadalupe, Martinique, and seem-
ed to have no other anxiety than to plunder
the commerce of their friends, as well as their
enemies. In the second coalition they went to
Egypt, in place of fighting with their allies on
the plains of St. Domingo. In the third, they
went to the Cape of Good-Hope, instead of
throwing ten thousand men more into the king-
dom of Naples; and when England acted thus,
no one can say that she acted ill, for she could
not act otherwise. As she is obliged to pay con-
siderable sums to her allies, she has no other
means of doing it than by plundering the trade
of other powers."
"The English nation is brave; but it cannot
be denied that the French nation has also its
warlike bent. The armies of those two com-
petitors must be, in proportion to their respective
population; and upon this basis it is clear, that
the English army can only be to the French ar-
my in the proportion of one to three. Besides,
to preserve this proportion, it would be neces-
sary that England should abandon the idea of
keeping up fifty regiments in both the Indies,
and reduce, by one half, the hundred and fifty
thousand sailors who are on board her fleets.
But with all Mr. Fox's eloquence, he will find
it difficult to persuade the bank, the India com-
pany, and the chancellor of the exchequer, that
this reduction of military force is a good calcu-
lation."
The Enquirer.
RICHMOND, 15th AUGUST.
The importance of the following commu-
nication must speak for itself.—The editor
has neither inclination nor ability to impart to
it a higher interest, than what it intrinsically
possesses.
To such of his republican friends, as may ex-
pect from him some apology for having lent his
columns to its publication, his answer is fear-
less and ready. He has published this produc-
tion:
Because he holds it to be a correct principle,
that the Press is free for the publication of
all opinions and statements, relating to pub-
lic matters, which are couched in decent
and forbearing language. Let the Editor of a
public journal devote himself to whatever
side it may suit his conscience or his interest
to support, he ought to recollect that his
paper itself should be "open to all parties,
and influenced by none," with regard to any
Effay, which are tendered to him for publica-
tion:
Because however he may lament, in common
with his republican friends, the temporary
warmth, and the petty schism, of which
such a communication may be productive,
he cannot but rejoice at the discussion itself
which it is likely to provoke. Now all mystery
may be expected to be at an end. The secret
message of the president, the whole proceed-
ings of congress during closed doors, and it
is to be presumed, the main spirit and
force of the arguments employed by the re-
publican minority during these secret proceed-
ings, will now be laid before the nation. Noth-
ing seems to be wanting to make the chain of
History complete, but the arguments of the
republican majority, and an entire view of the
wishes and designs of the entire administration.
All the facts will then be laid open to the
people, and it will be in their power to form
their own conclusions; to censure or con-
demn according to their unbiased and un-
suspicious judgments. Vague surmises will
no longer pass for indisputable truths; nor
can half-suppressed whispers about confident-
ial messages, be offered as sufficient grounds
for condemning the administration.
To such of his republican Friends, who think
that the confidential message of the president
ought to have formed an exception to these
principles, he has to reply; that he has pub-
lished that message.
Because he can no longer hesitate to believe, that
this confidential message has long since been
in the hands of the very men, from whom
alone it was important to withhold it; the min-
isters of foreign powers resident in our own
country:
Because even admitting the supposition that it
is now for the first time to be presented to the
cabinet of Madrid, its publication can have
no longer any effect upon our negotiation
with that cabinet: As, long before the mes-
sage can arrive in Europe, the negotiation
must either be broken off or successfully con-
cluded:
Because he is well apprised of the fact, that
this confidential message has already been ex-
hibited to the eyes of several individuals;
and he can see no satisfactory reason,
why the people at large should not have an
equally fair opportunity of deciding on its
merits:
Because he cannot entertain a doubt, that if
Congress were at this moment in session, it
would itself take off the injunction of secrecy
from its own members of its own members.
TO THE EDITOR OF THE ENQUIRER.
Sir,
The events of the last session of Congress
have furnished ample cause of speculation to the
curious, and of regret to every true friend of
his country. The mystery, which enveloped
their proceedings, and beneath which some of
their most important transactions yet remain
shrouded, could not conceal from the most care-
less observer, that a schism had arisen in the re-
publican party. But the causes which led to
this afflicting event, are still buried in obscurity.
In the history of this memorable occurrence,
all is darkness, confusion and contradiction.—
The public mind, impatient of suspense, and
as if despairing of further information, seems to
have out-run the evidence, upon which alone
its judgment should have been bottomed. So
far as their opinion can be gathered from the
public prints, the voice of the people has de-
clared for the administration. In this decision,
perhaps, it might have been the duty of the re-
publican minority, and of their friends, to ac-
quiesce, had a fair view of the subject been laid
before the public. But knowing, as I do, from
the most indisputable proof, that facts have
been misstated, opinions misrepresented—much
truth suppressed, and more falsehood suggest-
ed;—approving at the same time, from my heart,
the course which they have pursued, I am im-
pelled to offer to the world some facts and im-
pressions, which may enable them to form a
more just opinion of the conduct of the republ-
ican minority, during the last session of Congress,
and of the motives by which they were proba-
bly actuated.
It must be obvious to the most superficial eye,
that every consideration of a selfish, or prudent
nature, would have dissuaded any man, or
set of men, among the republicans, from an
open opposition to any leading and favourite
measure of the Executive, at that juncture.—
The president of the U. S. had just been re-
elected by a great and imposing majority of the
people. The acquisition of Louisiana had gi-
ven an eclat to the executive, and cast a splen-
dor around the administration, in which every
minor defect of the government was eclipsed &
forgotten. The colossal popularity of the pre-
sident seemed to mock at all opposition. Un-
mindful of past and dear-bought experience, the
republicans had erected a political idol, on
whose altars he, who dared to question its in-
fallibility, must prepare to bleed. In this po-
ture of affairs, all opposition was indeed a for-
lorn hope. There was every thing to lose, no-
thing to gain. The minority had only to com-
promise their principles, to betray their duty
to themselves, their constituents, and their coun-
try, in order to enjoy the countenance of the
administration, to ensure the approbation of the
public, for a time, and their own contempt for-
ever. They had but to acquiesce in measures
which their conscience and judgment condem-
ned, and swim in ignoble security with the cur-
rent of the day. They were not insensible to
the danger of the opposite course; but while
they coolly estimated the difficulty, they had
the fortitude to encounter it. Let it be admit-
ted, for a moment, that these gentlemen were
mistaken in their views; still I pronounce, that
he who does not applaud their independence
and firmness, is unworthy of the name of free-
man. They had the courage to assert & main-
tain the deliberate convictions of their honest
judgment against the proudest authority, and
preferred the hazard of their popularity to the
surrender of their understandings and conscien-
ces. Let the people look to it. Is there any
danger of a dearth of time-servers, under any
administration, which has the power of reward-
ing them? that due respect will not always be
paid to the loaves and fishes? The history of
this government, of every executive with regal
powers, must answer the question. Let the
members constituting the republican minority
be dismissed from the confidence and employ-
ment of the people—can they look for any thing
like independence in their successors? It would
indeed be an idle expectation. They must en-
ter upon their legislative duties with instruc-
tions to lay aside the suggestions of their own un-
derstandings, and conform themselves in all
things to the wishes of the cabinet. The fift-
lession which they learned would teach them to
consider any variation from the executive hand-
and, as the most heinous sin in the political de-
calogue. Would such men dare to oppose any
presidential project, however criminal? From
the very nature of their appointment, they must
become the puppets of the administration, for
the time being. A house of representatives, so
constituted, must dwindle into a mere chamber
for enregistering ministerial edicts; and while
the forms of the constitution were preserved, it's
substance would vanish.
On the third of December 1805, the president's
public message was laid before the two
houses of Congress. The aggressions of Spain
were specially noticed. "With Spain (says
the chief magistrate), our negotiations for a
settlement of differences have not had a satis-
factory issue. Spoliations during the former
war, for which she had formally acknowled-
ged herself responsible, have been refused to be
compensated, but on conditions affecting
other claims, in no wise connected with them;
yet the same practices are renewed in the pres-
ent war, and are already of great amount.
Our commerce thro' the Mobile continues to
be obstructed by arbitrary duties & vexatious
searches. Propositions for adjusting amicably
the boundaries of Louisiana have not been
accused to. Whilst however the right is un-
settled, we have avoided changing the state
of things, by taking new posts, or strength-
ening ourselves in the new territories, in the
hope that the other power would not by a con-
trary conduct oblige us to meet their example,
and endanger conflicts of authority, the issue
of which may not be easily controlled. But
in this hope we have now reason to lessen our
confidence. Inroads have been recently
made into the territories of Orleans and
the Mississippi. Our citizens have been seized
and their property plundered, in the very parts
of the former which had been actually deli-
vered up by Spain, and this by the regular
officers and soldiers of that government. I have
therefore found it necessary, at length, to give
orders to our troops on that frontier to be in
readiness to protect our citizens, and to repel
by arms any similar aggressions in future."
It should be kept in mind that the "piratical
acts" (mentioned in the second paragraph of
the same message) "committed at the very
mouths of our harbours, by private armed ves-
sels, some without commissions, some with ille-
gal commissions, others, with those of legal
form, but transmuting the authority of those
commissions, plundering and sinking our vessels,
and exposing their crews in open boats or on de-
sert shores," were perpetrated chiefly, if not
exclusively, by Spanish and French privateers,
fitted out principally, from the Eastern ports of
Cuba.
In the third paragraph, Congress was called
upon to make effectual and determined opposi-
tion to the new principles interpolated into the
law of nations—in reference, no doubt, to
certain decisions of the British court of admir-
alty. This address was re-echoed by a spirit-
ed (however precipitate) resolution of the Vir-
ginia Assembly.
On the sixth of December, the following con-
fidential message was received from the Presi-
dent:
"The depredations which had been commit-
ted on the commerce of the U. S. during a pre-
ceding war, by persons under the authority of
Spain are sufficiently known to all. These
made it a duty to require from that government
indemnification for our injured citizens. A
convention was accordingly entered into be-
tween the minister of the U. S. at Madrid, and
the minister of that government for foreign af-
fairs, by which it was agreed that spoliations
committed by Spanish subjects, and carried in-
to ports of Spain, should be paid for by that
nation, and that those committed by French
subjects, and carried into Spanish ports, should
remain for further discussion. Before this con-
vention was returned to Spain with our ratifi-
cation, the transfer of Louisiana by France to
the U. States took place: An event as unex-
pected as disagreeable to Spain. From that
moment she seemed to change her conduct and
disposition towards us. It was first manifested
by her protest against the right of France to
alienate Louisiana to us, which however was
soon retracted and the right confirmed. Then
high offence was manifested at the act of con-
gress establishing a collection district on the
Mobile, although by an authentic declaration
immediately made, it was expressly confined
to our acknowledged limits; and the now re-
fused to ratify the convention signed by her own
minister under the eye of his sovereign, unless
we would consent to alterations of its terms,
which would have affected our claims against
her, for spoliations by French subjects carried
into Spanish ports."

tribution for the wrong-doer, and as to boundary, each party was to take its own course. That which they have chosen to pursue will appear from the documents now communicated. They authorize the inference that it is their intention to advance on our possessions, until they shall be repressed by an opposing force. Considering that congress alone is constitutionally invested with the power of changing our condition from peace to war, I have thought it my duty to await their authority for using force in any degree which could be avoided. I have barely instructed the officers stationed in the neighbourhood of the aggressions, to protect our citizens from violence, to patrol within the borders actually delivered to us, and not to go out of them, but when necessary to repel an invasion or to refuse a citizen or his property a right to remain at New Orleans are required to depart without further delay. It ought to be noted here that since the late change in the state of affairs in Europe, Spain has ordered her cruisers and courts to respect our treaty with her.
The conduct of France, and the part she may take in the misunderstandings between the United States and Spain, are too important to be unconsidered. She was prompt and decided in her declarations, that our demands on Spain for French spoliations, carried into Spanish ports, were included in the settlement between the United States and France. She took at once the ground that she had acquired no right from Spain, and had meant to deliver us none eastward of the Iberville; her silence as to the western boundary leaving us to infer her opinion might be against Spain in that quarter. Whatever direction the might mean to give to these differences, it does not appear that she has contemplated their proceeding to actual rupture, or that at the date of our last advices from Paris, her government had any suspicion of the hostile attitude Spain had taken here. On the contrary we have reason to believe that the (France) was disposed to effect a settlement on a plan analogous to what our ministers had proposed, and so comprehensive as to remove as far as possible the grounds of future collision and controversy on the Eastern as well as Western side of the Mississippi.
The present crisis in Europe is favorable for pressing such a settlement, and not a moment should be lost in availed of ourselesves of it. Should it pass unimproved, our situation would become much more difficult. Formal war is not necessary, it is not probable that it will follow; but the protection of our citizens, the spirit and honor of our country require that force should be interposed in a certain degree. It will probably contribute to advance the object of peace.
But the course to be pursued will require the command of means which it belongs to Congress exclusively to yield or deny. To them I communicate every fact material for their information, and the documents necessary to enable them to judge for themselves. To their wisdom then I look for the course I am to pursue, and will pursue with sincere zeal that which they shall approve.
This message with the documents accompanying it was referred to a secret committee consisting of Mr. John Randolph, Mr. Nicholson, Mr. John Cotton Smith, Mr. Mumford, Mr. Williams of S. C., Mr. Bidwell, and Mr. Brown. It may be proper to remark that this message, although deemed by the clerk (as he stated to the house) to be a part of the secret journal, which had been ordered to be printed, was nevertheless omitted; nor has the omission ever been satisfactorily accounted for. The house by a subsequent vote refused to make it public.
The chairman of the committee to whom the confidential message was referred, immediately waited on the president, and informed him of the direction which had been given to it; expressing at the same time his willingness and readiness to co-operate, as far as his principles and judgment would permit, in such plans as the Executive might have devised for the occasion. He then learned, not without some surprise, that an appropriation of two millions was wanting to purchase Florida. He told the president, without reserve "that he would never agree to such a measure, because the money had not been asked for in the message; that he could not consent to shift upon his own shoulders, or those of the house, the proper responsibility of the executive; but that even if the money had been explicitly demanded, he should have been averse to granting it; because, after the total failure of every attempt at negotiation, such a step would disgrace us forever; because France would never withhold her ill offices, when by their interposition she could extort money from us; because, if Great-Britain, with whom we had serious matters of controversy, did not consider our supplying her enemies with money as a breach of our neutrality, it must inspire her with contempt for any attitude of resistance which we might assume towards her; that it was equally to the interest of Spain and of the U. S. to accommodate the matter by an exchange of territory" (to this mode of settlement the president seemed much opposed) "that the national honor, like the Barbary powers, would hereafter refuse to look at the credentials of our ministers, without a previous douceur ," and much more to the same purpose.
The committee met on the 7th of December, but came to no definite resolution. One of its members (Mr. Bidwell, of Massachusetts) confirmed the message into a requisition of money, for purposes of foreign intercourse, and proposed a grant to that effect, but in this construction he was unsupported, and his proposition over-ruled. He himself, when the subject was agitated in the house, would not avow the same construction of the message which he had given to it in the select committee. On the 14th of December, the chairman of that committee was obliged to go to Baltimore, from whence he did not return until the 21st. During this interval, the dispatches from Mr. Monroe, of the 18th and 25th of October, were re-
* Coalition between Austria, Russia, and Great-Britain, it is presumed.
4 Leaving Mr. Talleyrand "to infer," that it would afford him a second glorious occasion of dipping his hands into our pockets.
Our ministers had proposed to surrender our claims to compensation for the withholding of the right of deposit at N. Orleans, & for spoliations, Spain as well as French, and to establish the Colorado as the western boundary of Louisiana. Although the Colorado is a vast distance to the west of the existing limit between the two nations, it was evident, from the face of the dispatches, that our ministers, in agreeing to establish that river as the boundary, had been obliged to exceed the authority of their instructions; (the government of the U. S. claiming to the Rio Bravo) This proposition (the ultimatum on our part) was rejected by the court of Madrid with disdain; and thus ended the negotiation. Yet France, it seems, was disposed to a settlement on "analogous terms;" although Mr. Talleyrand had, in the most dictatorial style, declared, that our claim on Spain, for French spoliations carried into Spanish ports, "must be abandoned."
5 It is believed that the Louisiana treaty was intended to obviate this very difficulty. If money, why not warlike stores, or even fleets and armies?
ceived by government. Previous to the chairman's departure, having occasion to call on the secretary of state, he was told by that officer, that France would not permit Spain to adjust her differences with us; that France wanted money, and that we must give it to her or have a Spanish and French war. It was when he related this circumstance to the house that Mr. Randolph said, "his confidence in the secretary of state had never been very high, but that now, it was gone forever." And on the same occasion Mr. Nicholson (who had voted for the appropriation) exclaimed, that he trusted in God the negotiation would fail. Several other republican members seemed shocked at this disclosure, and expressed regret at the vote which they had given. On the morning of Saturday the 21st of December, the chairman of the select committee returned from Baltimore. The committee were immediately convened. As they were about to assemble, the chairman was called aside by the secretary of the treasury, with whom he retired, and who put into his hands a paper headed "Provision for the purchase of Florida."
As soon as he had cast his eyes on the title, the chairman declared that he would not vote a shilling. The secretary interjected, that he did not mean to be understood as recommending the measure, but if the committee should deem it advisable, he had devised a plan for raising the necessary supplies, as he had been requested, (or directed,) in that case to do. The chairman expressed himself dissatisfied with the whole of this procedure, which he could not but consider as highly disingenuous. He said "that he was as sensible of the importance of Florida to the U. S. as was willing to acquire it honorably as any man, but he would never consent to proceed in this way; that the most scrupulous care had been taken to cover the reputation of the administration, whilst congress were expected to act as if they had no character to lose; that whilst the official language of the executive was consistent and dignified, whilst the president warned us of the "determination of Spain to advance upon our possessions until she should be repressed by an opposing force," and pronounced "that the protection of our citizens, as well as the spirit and honor of our country rendered the interposition of that force necessary," declaring at the same time "his determination to pursue the course which the wisdom of congress should prescribe;" congress was privily required to take upon itself all the odium of thinking from the national honor and national defence, and of delivering the public purse to the first cutthroat that demanded it. From the official communications from the face of the record, it would appear that the Executive had discharged his duty in recommending manly and vigorous measures, which he had been obliged to abandon, and compelled by congress to pursue an opposite course, when in fact congress itself had been acting all the while at Executive instigation." The chairman further observed "that he did not understand this double set of opinions and principles; the one ostensible, to go upon the journals and before the public, the other efficient, and the real motives to action: that he held true wisdom and cunning to be utterly incompatible in the conduct of great affairs; that he had strong objections to the measure in itself, but, in the shape in which it was presented, its repugnance to it was insuperable." And in a subsequent conversation with the president himself, in which those objections were recapitulated, he declared "that he too had a character to support, and principles to maintain, and avowed his determined opposition to the whole scheme."
The committee now assembled, and instructed their chairman to write to the Secretary of War for his opinion as to the force which it would be requisite to raise for the defence of the southern frontier, and requesting, at the same time, to be informed what number of troops were already stationed in that quarter. In his answer, the minister stated the force which the U. S. had on the Mississippi and its branches, ready to descend the river at a short notice, to be somewhat less than a thousand men: that he had intelligence that Spain was collecting an army on the frontiers of New Mexico, & transporting troops from the Havanna to Pensylvania, and that the force requisite on our part, would depend upon that which would be opposed to us, which he estimated (vaguely) to be superior to our own.
About this period the news of the sea-fight off Trafalgar reached America, the event of which alarming the Spanish ministry for the safety of their W. India colonies, forbade the weakening of the important post of the Havanna, and suspended the hostile movements on the part of Spain against the U. S. And to this circumstance we have been probably indebted for the undisturbed possession of N. Orleans and its dependencies.
When the Secretary of War's letter was laid before the committee, Mr. Bidwell moved the same proposition which the Secretary of the Treasury had some days before put into the hands of the chairman, and which he (Mr. B.) afterwards introduced into the house; viz. a vote of two millions and a continuance of the duties, the proceeds of which constituted the Mediterranean fund. It was rejected, and the chairman directed to draft the report which has been printed in all the newspapers. The committee saw, in the multiplied aggressions of Spain ample cause of war, on the part of a government with which the welfare of its citizens was not paramount to every other consideration. But conceiving that the true interests of the American people (which alone it behoved them to consult) required peace, they forebore to recommend offensive measures. They believed it to be our policy to reap the neutral harvest, and seize the favourable occasion of extinguishing the public debt—at once the price of our liberties, and the badge of our ancient servitude. So long as this debt remains unpaid, we can scarcely be considered as a truly independent people. The sense of the committee was, neither to make war, nor purchase peace, but to provide for the defence of our actual territory, which the highest authority had announced to have been violated and to be menaced with fresh invasion. On this point they conceived there could be but one sentiment, whatever difference of opinion might exist as to the wisdom of pledging the nation to protect its flag in remote seas, or its ability to afford such protection. A poor attempt has been made to reproach the committee with a want of reliance on the militia, and a preference for the standing army. When it is considered that all the protection then and since extended to the country in question consists of regular troops, and that the nearest flanks from which the militia could be marched for its defence, are separated from it by many hundred miles of intervening Indian country (not to mention that these flanks themselves are amongst the weakest in the union) the incompetency of the militia to the service in question, and the futility of the objection, must become manifest to all. Besides, the president had no occasion to apply to congress for power to call out the militia to repel invasion, that force being, under such circumstances, already at his disposal; and it is worthy of remark, that the far greater number of these would be par-
tizans of the militia, referred to adopt the measure recommended by the executive, (or indeed any other) for giving effect to operation to that great constitutional defect.
The report of the committee, although in strict unison with the official recommendation of the Executive, was rejected by 72 to 58 votes; and the proposition to appropriate—dollars for the purpose of defraying any extraordinary expenses of foreign intercourse, which had been previously laid on the table by a member of that committee, before their report was made to the house, was immediately taken up. The avowed object of the measure was to enable the president to open negotiation for the purchase of Florida. A motion was then made by Mr. J. Randolph to confine the appropriation to that object, and aged to, year 78, nays 56. Another motion was made by the same gentleman to render the debt which was proposed to be incurred, redeemable at the pleasure of the U. S. This was tried without a division. But afterwards, when the bill was brought in, the house refused to vote for a specific appropriation, and the money was left applicable at the discretion of the Executive, to any extraordinary purpose of foreign intercourse whatsoever. Mr. J. Randolph also moved to limit the amount which the government might stipulate to pay for the territory in question; upon the ground, that if congress were disposed to acquire Florida by purchase, they should fix the extent to which they were willing to go, and thereby furnish our ministers with a safeguard against the rapacity of France; that there was no probability of our obtaining the country for less, but even reason to believe, that, without such a precaution on our part, she would extort more. This motion was overruled. When the bill came under discussion, various objections were urged against it by the same gentleman: Among others, that it was in direct opposition to the views of the Executive, as expressed in the president's official communication, (it was on this occasion that general Varnum declared the measure to be conformant to the secret wishes of the executive ;) that it was a prostration of the national honor at the feet of our adversary; that a concession so humiliating would paralyse our efforts against Great-Britain, in case the negotiation then and now pending between that government and ours should prove abortive; that a partial appropriation towards the purchase of Florida without limiting the president to some specific amount, would give a previous sanction to any expenditure which he might incur for that object, and which congress would stand pledged to make good; that, if the executive, acting entirely upon his own responsibility, and exercising its acknowledged constitutional powers, should negotiate for the purchase of Florida, the house of Representatives would, in that case, be left free to ratify or annul the contract; but that the course which was proposed to be pursued, (and which eventually was pursued) would reduce the discretionary power of the legislature to a mere shadow; that, as ensnaring session, congress would find itself, in relation to this subject, a deliberative body but in name; that it could not, without a manifest dereliction of its own principles, and perhaps without a violation of public faith, refuse to sanction any treaty entered into by the Executive under the auspices of the legislature, and with powers so unlimited; that, however great his confidence in the chief magistrate, he would never consent to give any president so dangerous a proof of it; that his duties as a member of that house, as the independent representative of an independent people, were paramount to every other consideration; and that he would never preclude himself, by any previous sanction, from the unbiased exercise of his judgment on measures which thereafter were to come before him: that the house had no official recommendation from the Executive for the step which they proposed to take, on the contrary it was in direct opposition to its sentiments as expressed in the confidential message; that the responsibility would be exclusively their own; that, if the president deemed it advisable to purchase foreign territory, he was free to enter into stipulations for that purpose, whilst congress would remain equally free to sanction or disapprove such stipulations; or that, if he thought proper to ask for an appropriation for that object, the responsibility of the measure would rest upon him: but when the legislature undertook "to prescribe the course which he should pursue, and which he had pledged himself to pursue," the case was entirely changed: that that course could have no channel thro' which it could be made acquainted with the opinions of the Executive, but such as was official, resorted, and known to the constitution; and that it was a prostration of its high and solemn functions to act upon an unconstitutional suggestion of the private wishes of the Executive , irresponsibly announced by an irresponsible individual, and in direct hostility to his avowed opinions.
To every objection, the "Louisiana precedent," as it was called, formed the only answer, although in the latter stages of the discussion, no reply was attempted. The doors were closed, and the minority, whose motives were impeached, and whose persons were almost denounced, were voted down without debate. In reply to the case of Louisiana, it was said, that it was no precedent at all: that every argument drawn from that source was utterly inconclusive in the present instance: that no two cases could be more dissimilar: that, except the parties being the same, there was no point of resemblance: that, when Spain withheld from us the right of deposit at New Orleans, congress had acted on its own responsibility alone; they had not been apprized by the Executive of any hostile movement on the part of Spain: the territory of the U. S. had not been insulted, nor the persons of our citizens, within our own jurisdiction, violated : It had not been officially announced to Congress, that "their protection, as well as the spirit and honor of our country, rendered the interposition of the national force indispensable;" the chief magistrate of the union had not officially declared that the act of aggression in question, was committed by persons acting by the orders and under the sanction of the Court of Madrid: on the contrary, the house or Representatives had expressed, by a formal resolution, their belief, that the wrong in question, had proceeded from the unauthorized misconduct of certain Spanish officers , and declared their determination, in case it should be sanctioned by their government, to redress the injuries, and vindicate the rights of our citizens. On that occasion, Congress avowed, that they would resort, in the first instance, to an amicable explanation with the Spanish court; on this, the fair experiment of negotiation had been tried, and "after five months of fruitless endeavours, on our part, to bring them to some definite and satisfactory result," had entirely failed. It could not escape the recollection of the house, to how great an excitement, the denial of a conventional right had, at that day, roused the minds of our citizens. And it must be remembered, that the acquisition of Louisiana, which put a stop to these aggressions of Spain, (for which no satisfaction had as yet been rendered) was made, not from the party by whom those offences had been offered, but from one in no wise connected with them. And, admitting at tai-
luncure the propriety of our making overtures for the purchase of a country, the possession of which, it was conceded on all hands, was highly desirable to us; yet, that measures had been taken, or did we propose to take, for the refusal, on the part of Spain, to "ratify her convention with us, signed by her own minister under the eye of his sovereign, pledging her to make compensation for spoliations committed upon our commerce during a preceding war;" to indemnify our citizens for the renewal of the same practices, already of great amount, during the present war; for the oblation of the renunciation of the Mobile; for refusing to come to any fair and amicable adjustment of the boundaries of Louisiana; and for a daring violation by persons acting under the authority of Spain and no doubt apprized of her sentiments and views, of our undisputed limits, which the bad solemnly recognized by treaty ." NONE! The denial of the stipulated compensation for the spoliations of a former war; the reiteration of the same practices during the present; the oblation of the Mobile; the peremptory refusal to adjust the boundaries of Louisiana; the insults committed on our territory, and the violation of the property and persons of our citizens within our acknowledged limits: all seemed forgotten, in the zeal to purchase Florida, or thrown with the national purse into the scale.
The bill nevertheless passed by a great majority. A motion was then made to transmit, by a committee, the following message to the senate: "By the house of Representatives, January 16th 1806. Gentlemen of the senate .
We transmit you a bill which has passed this house entitled "an act making provision for defraying any extraordinary expenses attending the intercourse between the U. S. and foreign nations," and in which we require your concurrence. This bill has been passed by us to enable the president of the U. S. to commence, with more effect, a negotiation for the purchase of the Spanish territories lying on the Atlantic ocean, and Gulf of Mexico, and eastward of the river Mississippi. The nature and importance of the measure contemplated have induced us to act upon the subject with closed doors. You will of consequence, consider this communication as confidential." Mr. J. Randolph then moved to strike out the words "river Mississippi," and to insert "bay of Perdido" upon this ground—that the country between the Mississippi & the Perdido was in dispute between the U. S. and Spain, being a part of Louisiana, "such as it was as possessed by France," and conveyed by the treaty of Paris of the 30th of April 1803, to the U. S. To the territory in question (embracing both banks of the Mobile, and out of which all our differences with Spain, on the subject of boundary on this side of the Mississippi, had grown,) the Executive had advanced, what they deemed, an undoubted claim. Upon this claim congress had already legislated, having passed a law, erecting the shores and waters of the river Mobile into a collection district, and it was deemed, that the authorizing the president to purchase that portion of the country would, not only be a compromise of the national honor, but might fairly be considered as a surrender on our part of all pretension to the disputed territory. This motion, however, was negatived—Yeas 59, Nays 63. It is perhaps worthy of remembrance, that, on this, as on most of the other questions arising out of this subject, many of the warmest advocates of the measures eventually pursued were in the minority. (See the secret journal , since published, page 33.) But, to the message itself, as well as to the general course of proceeding, this strong, and (as it is presumed) unanswerable objection was taken:—That the direction which the house of Representatives had chosen to pursue was to be prescribed, not to the senate, but to the president; and that it would be impossible for the executive, even with the ingenuity of Cæsar himself, to divine, from a message to the senate, what was the real intention of the Representatives of the people: that this message was not to be announced to him, but to the other branch of the legislature, and that, even if it were, his duty was to execute the laws, which should be enacted, and which could not be enlarged, restrained, or modified in any degree whatsoever, by any message from one house of congress to the other: and the appropriation being for any indefinite purpose of extraordinary foreign intercourse, and not made, in consequence of any intimation, or recommendation from the president, he must be presumed to be totally in the dark, "as to the secret wishes " of the senate and house of Representatives, and to be incapable of inferring the intentions of the legislature from any thing but the context of the law itself: much less should he be deemed responsible for the execution of plans, of which by the general maxims of legislation, as well as by the known principles of the constitution, he must be supposed to be altogether ignorant. As I have said however, this, with every other difficulty that could not be solved, was overruled: and on Thursday the 16th of January, the engrossed bill, with the message, above recited, was transmitted to the senate. On the day following, when the bill was no longer in the possession of the house, or under its control, the dispatches from our minister at London, of the 18th and 25th of October, 1805, which had been four weeks lying in the office of the secretary, were laid before the house. Those dispatches which had a most important bearing upon our Spanish relations, which had occupied the attention of the House of Representatives for nearly three preceding weeks, during which their doors were closed, produced an instantaneous conviction on the minds of many, the best informed and most influential members of the house, who had hitherto voted with the majority, that the course which they had pursued was wrong. A feeble insinuation was indeed made by certain members of the house, presumed to be in the confidence of the secretary of state, that the dispatches had but recently arrived; and this insinuation was supported by this circumstance, that a single copy only (perhaps the original) was submitted to the two houses, to be interchanged between them; from whence it was concluded by many, that sufficient time had not elapsed, since their reception, to enable the clerks in the office of foreign affairs to make out duplicates of the papers. But this fact was immediately disproved by Mr. J. Randolph's calling at the secretary of state's office, where he learnt from Mr. Wagner, the chief clerk of that department, as well as from the secretary himself, that they had arrived the week before Christmas; that is, prior to the 21st of December.
The house of Representatives having resolved to incur an expense for the purchase of Florida, the second member of Mr. Bidwell's resolution, to continue for—years, the additional duty of two and a half per cent. ad valorem, imposed by the "act further to protect the commerce and seamen of the U. S. against the Barbary powers," to make good the same, came under consideration. But this proposition was vehemently opposed by Mr. J. Randolph, who stated, that he deemed it an unconstitutional mode of voting supplies to raise taxes in conclave: that if the members of that house should once
come to levy impositions upon their constituents with closed doors, whilst the votes (which they should give (to say nothing of the difficulty) from the very nature of the secret journal) remained concealed from their constituents, there was an end of the public liberties. Congress might thus pass any laws, however unconstitutional and oppressive, whilst the people would remain ignorant of the part which their Representatives respectively had taken, and be consequently unable to apply the proper corrective, and that, however, reasons of state might render it expedient to proceed in this way against a foreign enemy, or to give a secret direction to military expeditions against the common foe, these reasons were totally inapplicable to the imposition of burthens upon the people, or to any curtailment of their rights, with which that enemy could have no concern, and from the knowledge of which he could derive no advantage. The proposition was at that time withdrawn, but, on the last day of the session, April 21, this tax was continued: the only ostensible motive is to be found in a message from the Executive of the 14th of the same month, intimating the existence of an unfriendly disposition on the part of Tunis towards the U. S. states.
In a future number, some remarks will be offered on the proceedings of congress respecting our relations with Great-Britain; a subject, which, if possible, has been more misrepresented, and less understood, than that of the present communication.
DECIDUS.
Sales at Auction.
On Wednesday the 20th inst. will be sold, the following property, viz.
A LOT OF GROUND, 44 feet on the Main-street, nearly opposite to Mr. William Marshall's. Also, 75 feet on the street leading to Reckett's, opposite Reckett's Ware-house, to be divided into three lots. Terms, one third of the payment to be discharged by a note at four months, negotiable in the Bank of Virginia, with an approved endorser; the balance to be paid in twelve months, secured by a deed of trust, and to carry interest from the date, if not punctually paid.
TAYLOR & BROWN, Auctioneers.
August 15.
(tds)
The Subscribers have just received from Bremen, a supply of
GERMAN LINENS,
which they offer to sell on the most reasonable terms.
BOHN & HUBNER.
August 15. 2m
BY virtue of a Deed of Trust, executed to us on the fourteenth day of February 1804, to secure a debt due from Col. Robert Goude to William E. Gibbs, Esq. WILL BE SOLD, to the highest bidder for ready money, on the first day of October next, at the front door of the Eagle Tavern, in the city of Richmond.
THAT well known TRACT of Land whereon Col. Goude now resides, lying on James River, in the county of Chesterfield, containing twelve hundred and sixty one acres more or less, and commonly called and known by the name of WHITBY. This valuable estate lies within three miles of the city of Richmond and two from the town of Manchester, and has on it a large and commodious dwelling house, with all convenient out-houses and other improvements, well fitted to the accommodation of a genteel family.
JOSEPH SCOTT, } Trustees. WM. MOSELEY, ROB. POLLARD,
August 15, 1806,
(tds)
To be sold, for cash, at Zachariah Brooks Tavern, in the town of Manchester, on Monday the 26th of this present month, by virtue of a deed of trust to me executed by William Ellison alias Moody, for the purpose of securing a debt due to John M'Leod, therein specified:
NINETEEN ACRES of LAND, with coal mines thereon, lying on Falling Creek, about 12 miles from Manchester, under a lease at present to Messrs. Hetti & Bland.
CORNELIUS BUCK, Trustee.
Manchester, August 15.
(tds)
TEAS, SALT, BAR IRON, &c.
THE Subscriber has taken the house formerly occupied by the late Mr. David Patterson, where he has on hand—Imperial, Hyson and Young Hyson TEAS; a quantity of BAR IRON; SALT in casks; WRAPPING PAPER; INDIAGO; a few boxes 5 by 10 and 10 by 12 WINDOW GLASS; a few barrels HERRINGS—in addition to a pretty general assortment of GROCERIES: which he will sell on the lowest terms for cash, or exchange for country produce. He is also expecting soon to receive a good supply of GERMAN OZNAUBURGS.
EDWARD JOHNSTON.
Manchester, August 15.
(tds)
WANTED to hire immediately, a young and active NEGRO MAN—Also, a NEGRO GIRL about 14 or 15 years old. Apply to the printer.
August 15.
IN addition to the County Courts of Prince Edward, Buckingham, Cumberland and Powhatan, and the District Court of Prince Edward, in which said Courts I now practice LAW. I shall in future attend the High Court of Chancery for the Richmond District.
The honorable Creed Taylor, having resigned his practice in the last named court, at his request, the business therein which was committed to his care and remain unassigned, will, with the exception of a few cases he attended to by me, Letters by post addressed to me (near Cumberland Court-house) will be duly attended to.
WILLIAM DANIEL, jr.
Cumberland, August 15.
(tds)
WILL BE SOLD.
On Tuesday the second day of September next, at Chelsea, the seat of the late Bernard Moore, Esquire, in King William county, on a credit of six months (the purchasers giving bond and security:)
ALL the Household and Kitchen Furniture, and plantation Utensils, two hundred barrels of Corn, one hundred head of the finest Sheep, and the Stock of Horses and Hogs, belonging to the estate of the said Moore. Also, on the leasehold, above one hundred acres of valuable wood-land, lying in Palmer's swamp, in King William county, adjoining the lands of Mr. Coffin and Mr. Littlepage. At the same time will be sold for cash, one thousand pounds of excellent Bacon, and a very large and valuable Stock of Cattle, in such order for Bees as to merit the attention of those persons who are in the habit of furnishing the markets of Richmond and Petersburg with that article. The creditors of Mr. Moore, are invited to attend the sale, and exhibit their claims in order that provision may be made for discharging them.
TH. C. HOOMES, Attorney for George R. Loper, executor of Bernard Moore, dec'd.
July 15.
(3w)
FOUND on the subscribers plantation, about the tenth of June last, three Bay MULES, two horses & a mare, all of them bays, had the appearance of having been worked, are supposed to be three years old and have been appraised to sixty dollars each. The owner is requested to prove his property, pay all costs, and take away his mules.
THOMAS CARY NELSON.
Bleak-Hill, King William, August 16.
(tds)

Piscicella.
From the Literary Magazine for 1804.
SOME ACCOUNT OF THE LIFE OF MR. COOPER THE TRAGEDIAN.
In America, where business is every one's occupation, but few remarkable characters have appeared—and scarcely a biographer has been found to distinguish those few before the world. However congenial the mystery of money-making may be with a cheerful evenness of temper, it is certainly inimical to genius; and where the opponent loyally would suffer, the man of trade frowns on the efforts of imagination; our luxuries are exotic, our entertainments imported; our public spectacles more or less excellent as they approach the European models of which they are the distant imitations. The barrenness of our literary domain is not therefore to be wondered at; nor while the soil, though so rank hitherto been so uncultivated, should it surprise, that when a native plant has sprung up, its virtues have not been recorded, or when a foreign one transplanted here, has thriven, though its qualities may have been used or enjoyed, they have not been sufficiently made known, or justly appreciated. The writer of the following memoir, is among the earliest in this country to attempt the delineation of a living character, and the subject of one of the most eminent of those whole walks of life have not been political, that have preferred themselves to the biographer. The undertaking is made with that diffidence, which respect for the world's voice, and the magnitude of a biographical attempt inspire: the writer's motto is in Nomen Domini incipiam ; si sit laudandus; sed nec peccata reprehenderit, nisi si illis profectus.
Mr. Thomas Abthorp Cooper was born in 1777, of reputable parents; his father was a surgeon, and acquired considerable property in the East, under Warren Hastings's Indian administration—but of the greater part, if not all of this, the widow and children were at his death, defrauded and left destitute. When nine years old, Cooper was taken out of friendship to his family, and in some sort adopted by Mr. Godwin, the well known author of the Essay on Political Justice , by whom he was educated and intended for a writer. He is probably one of a very few, who have been apprenticed to authorship; and as it is impossible to determine the bent and much more so the foundness and strength of a mind so young, it is somewhat remarkable that a man of Godwin's understanding should train a boy to write books, before it was certain he could ever be induced to read them. What was Godwin's particular method of education was, we do not know; and though when his opinions are advertised, it should seem it was not a system of restraints, yet when Cooper's readiness on most subjects is considered with his negligent habits for some years past, a belief cannot be impressed, but that the foundation laid, was, of its kind, a good one. He went through a regular course of the Greek and Latin classics, and was also instructed in the French and Italian languages.
Such a pupil to such a master must have been rounded, and delighted by the French revolution.—Cooper was scarcely seventeen when his enthusiasm prompted him to relinquish the pen for the sword, and to seek a commission in the armies of the great republic. The just spurring, sensitive and uncertain laurels of the author were blasted— civic and mural crowns, ovations and salutes of honour were much more glistening, and accordingly it was already determined he should engage for the banners of equality and confusion, when the war broke out between England and France, and clouded the brilliant prospects of military promotion and renown in the cause of liberty. Then it was, he turned his attention to the stage, and communicated his wishes to his benefactor; they were received with coldness and regret, not till after some time afforded to, and then with decided disapprobation.
His intention however being found invincible, Mr. Holcroft undertook to give some preparatory lessons. When he was thoroughly prepared, many difficulties occurred, before a suitable place could be procured for his first appearance: at last Mr. Stephen Kemble offered his services, and Edinburgh was concluded on. The writer of this sketch has heard Cooper describe, with great pleasure, his first interview with the Scotch manager: he was at that at that time a raw country youth of seventeen. On his arrival in Edinburgh, little conscious of his appearance and incompetency, he waited on Mr. Kemble, made up in the extreme of ruralopper, proud of his talents, & little doubting his success. When he mentioned his name and errand, Mr. Kemble's countenance changed from a polite smile to the stare of disappointment: Cooper had been prepared for young Novel; but he was obliged to exchange all his expected eclat for a few cold excuses from the manager, and the chagrined seeing some nights after, his part filled by an old man and a bad player. During the remainder of the season he continued with Stephen Kemble, without ever appearing. From Edinburgh he went with the company to Newcastle-upon-Tyne, there he lived as dependent, inactive, and undistinguished as before, till, owing to the want of a person to fill the part of Malcolm in Macbeth , he was cast to that humble character—in so inferior a sphere did he begin to move who is now become one of the brightest luminaries of the theatrical hemisphere. His debut was even less flattering than his reception from the manager had been. Till the last scene he passed through tolerably well, but when he came to the lines which conclude the play—
"So thanks to all at once and to each one Whom we invite to see us round at Stane," after fretting out his hands and assuming the attitude and smile of thankfulness, slight embarrassment checked him, and he paused, till keeper his posture and his look—the prompter made himself heard by every one but the bewildered Malcolm, who still continued mute, every instance of his silence naturally increasing ten-fold his perplexity.—Macbeth whispered the words in his ear—Macbeth who lay huddled at his feet, broke the bonds of death to assist his dumb successor: the prompter spoke almost to volutation—Each Thané dead or alive joined his voice—but this was only "confusion worse confounded"—if he could have spoken the amazed prince might with great justice have said: "So thanks to all at once"—but his utterance was gone "vox faustibus haust"—his pretence broke out in the pit, the clamour soon became general, and the curtain went down, amid a roar of universal condemnation.
After this disappointment, Cooper returned not a little humiliated to England. His friends, Godwin and Holcroft, who were convinced that he possessed the requisites for a performer of eminence, sent him on a tour of improvement at the provincial theatres. They expected that he would thus acquire an acquaintance with the stage, and prepare himself for the theatres of the metropolis. An evil genius seemed still to preside over his wanderings. He appeared to the managers in whose corps he was enlisted, as a raw recruit who possessed no talents for the profession. Characters of importance were considered utterly beyond his reach. Those of inferior rank he played without success, and he degenerated into a mere letter-carrier—in this manner he murdered a few months starving on a paltry salary, and then abandoning his irksome and degrading situation, travelled on foot to London.
Mr. Cooper's friends now abandoned the idea of practice on provincial stages: Mr. Holcroft again took him in hand, and selected some of Shakespeare's most distinguished characters for his instructions. He made him recite passages, and would explain to him the nature of the characters, the situations in which they were placed, the passions by which they were influenced. Thus he taught him that great requisites of a performer—to conceive the intention of the author, and enter into the feelings of the character. After some months close attention, in which the extraordinary talents of the youthful pupil were rapidly evolved, he was thought ready for a public appearance. He accordingly at the early age of eighteen performed in one week the arduous characters of Hamlet and Macbeth, on the boards of Covent Garden, to overflowing houses, and with the most flourishing applause.
On this subject we have heard that Mr. Tyler, as president of the New-York theatre, had belonged to one of the provincial companies in which Cooper had held a very humble station. My Tyler forming other engagements with Mr. Henry, quitted the British for the American stage. Shortly after his arrival he received a letter from one of his Theban friends who after regaling him with a variety of Greenwood history, added, and now prepare yourself for astonishment. That identical Mr. Cooper who a few months ago was playing the very underling characters at our theatre and who appeared to extremely incompetent, is now performing Hamlet with applause at London! After Mr. Cooper had met so favourable a reception from the London audience, he was offered a liberal engagement; but as he was not yet capable of sustaining a line of characters, he was expected to take such business as he was able to perform. This engagement he declined. "Aut Cæsar aut nullus" seems to have been already his motto and he refused any secondary situation. He accordingly retired to the country, where he employed himself in cultivating his dramatic talent.
Shortly after this period Mr. Wignell who had visited England for the purpose of raising a reinforcement for the Philadelphia company, heard of him. He immediately entered into a negotiation which was promptly concluded. and in a few days from its commencement Mr. Cooper was on the Atlantic voyaging to America.
The Philadelphians were slow at discovering his merits. His line of acting interfered with that of their favourite performers, and as he had many careless and some dissipated habits, he was far from being a favourite. This was particularly evidenced at his benefit, for which there were only a few seats taken. This did not affect Cooper's pocket, for his benefit was guaranteed to a certain amount by his engagement with the manager. It however affected his pride, and he was determined to avoid the disgrace attendant on a "beggarly account of empty boxes." He therefore closed a bargain for forty dollars with a man who owned the elephant. Play-bills were posted up in all directions, advertising, in letters of the largest size, that the elephant would be introduced on the stage: curiosity was all alive, and Cooper, aided by his elephant, was honored with an overflow.
When the winter campaign had closed, the company made a summer excursion to New-York. The circus was fitted up for the purpose, and the most admirable acting ever witnessed in America was then exhibited. Cooper, Pencil, Moreton, Herwood, and Bernard, were the most prominent male performers, and Mrs. Merry sustained the heroines in a style of great perfection. The season opened with Venice Preserved , in which Cooper, as Pierre, made an indelible impression on the audience. A coldness had for some time subsisted between him and the manager, which induced a wish to change his situation. His engagement bound him in a penalty of about two thousand dollars, but this it was alleged had been already broken on the managers part. In short the sum was subscribed by a number of gentlemen, who engaged to advance it if necessary, and Mr. Cooper was transferred to the New-York theatre.
With the exception of one season, in which he was at Philadelphia where he also became a great favourite, Mr. Cooper continued in New-York till January, 1803. He then received an invitation from London. Kemble had quarrelled with Drury Lane Theatre, had left it and gone on a tour to the continent of Europe. Cooper was invited to come if he felt confidence for the attempt, and was preferred Kemble's situation if it should appear that he could sufficiently satisfy the town. He accordingly went, but does not seem to have succeeded in London equal to the expectation of his friends. His performances have been received with much applause, but the people there, having formed their tastes on the acting of Cooke and Kemble, or from his real inferiority to these gentlemen, did not consider him equal to their favourites. He has since been performing, for a few nights at Liverpool, with great eclat.
Mr. Cooper is rather above the middle size, well proportioned, with a handsome and expressive countenance, fine form, intelligent eye, and a voice admirably adapted to the stage. He excels in the weightier characters of the drama; while, in those of a secondary nature, he is generally careless and indifferent. His performances are particularly distinguished for chasteness, character and energy.
Mr. Cooper has since returned to HIS ADOPTED COUNTRY, where fortune, fame and all the allurements of the most enlightened society are ready to reward his genius if he has but discretion enough to improve the advantages of his situation.
Such is the distinguished Tragedian who is to represent the Character of THE GAMMESTER next Monday night, on the Richmond Stage.
From papers published by the Massachusetts Society for promoting Agriculture.
LETTER FROM REDFORD WEBSTER, Esq. to Dr. AARON DEXTER.
Boston, November 12, 1805.
DEAR SIR, Last year, I obtained a head of Egyptian millet, (Holcus Dura) weighing five ounces, the grain of which weighing four ounces. This was planted in April, in the manner of Indian corn, five grains in a hill, making 380 hills. From these seventeen hundred and two heads were cut on the first of October, and about fifty were broken off by the wind early in the season. The whole produce was seven bushels of fair, clean, and plump grain. Comparing it with the same number of hills of Indian corn, the product was rather better, but the millet does not spread so far, and might have been doubled on the same quantity of land; and two rows, planted in drills eight inches apart, with room for a horseplough between the rows, proved that this would have been a better method of planting, than in hills nearly four feet apart.
When Indian corn began to be injured by the drought, the millet grew more rapidly and not a leaf was blasted. Some that was near a brook, on cold wet land, was not ripe till late in October; that on warm loam, was the fullest, and largest, and early ripe; that on warm gravel, earlier still, but not so large. One row I manured with plaster of Paris in the hills, which was only one foot high when the other was three; a spoonful of plaster was then put round each stalk, and in three weeks it equalled the other in height.
It is the opinion of some farmers, half an acre of good land will produce, with less expense, as much of this grain, as an acre will of barley, oats or rye.
I send you a few hands, and will add some of the flour, when I get it from the mill, and any of your friends, that are disposed to try it may have as much of the feed as they will plant.
I am, Sir, Your humble servant, R. WEBSTER.
Dr. Aaron Dexter.
HERKIMER, (N. Y.) July 8.
Natural Curiosity. —We understand that a subterraneous cavern has been discovered within a few days, on the turnpike road to Manlius, (about three miles distant from the square) in Onondaga county. The circumstances attending this discovery are somewhat singular. A Mr. Beckwith, innkeeper, in digging a well, having descended about 25 feet, came immediately upon the cave, over a cavity, at the bottom about 3 feet in depth and 3 or 4 in diameter, filled with pure water; upon which a candle was let down, and the discovery completed. A passage was found extending north and south (across the road) a considerable distance; it was explored about 80 feet each way, much to the gratification of its visitors, among whom was our informant. The entrance into the cavern from the bottom of the well is 7 or 8 feet high, but very narrow; an equal height was preferred through the whole passage, excepting at one place to the northward, in which persons are obliged to crawl a distance, the width of the aperture is equal, being in some parts barely sufficient to admit a common person; but in the farther part there is one gradual globular expansion many feet. The side of the cave appears to be limestone, through which water constantly oozes and runs a stream this run to the northward, through the whole explored avenue. The sides are decorated with various excrescences, some resembling pillars, extending from top to bottom, and others in an erect conical form, all having the appearance of marble, with small regular ridges, evidently noting gradual formation. The sill purring under it, the transparency of the side of the cavern, as exhibited by the clear blaze of the candle, and the reflections naturally produced by the situation of a visitor are said to be truly delightful. A vein of ore, supposed to be copper or brass, is also said to be found in its cave.
The short time elapsed since this discovery was made, the want of particular and critical investigation on the subject, and various impressions made on the minds of those who have visited the place, may have introduced some errors in the statement; yet we believe it to be as correct as first accounts generally are. Be it so or not, we shall endeavor soon to obtain a more perfect narrative, as well for our own gratification as to satisfy the public curiosity, which we learn is in a greater degree excited by the discovery.
[Farmer's Monitor.]
sentiment and genuine cadence of verse, which so gloriously distinguished his countryman, Goldsmith. In view of his recent poems in the Ordeal manner, he is said to have given way to the force of luxury of thought & warmth of expression which has so frequently disgraced the fondlest admirer of his genius.—Were all his poems as chaste as they are exquisitely tender, it would be a pleasure to commend, where there would be so little necessity for censure.
But we will not deny the delight that our friends of sensibility and taste will derive from the following, by any expression of our own feelings and opinions. Before a Grecian Temple, we will build no clumsy porch; but introduce at once the admiring Connoisseur.
It must, however, he confessed, that the following apology, though fraught with ten thousand beauties, would have been more perfect without the finishing stanza. The catastrophe is too unexplicable; and we dare to hope, too inconsistent with the probability of events.—Mr. Moore has hitherto exerted his genius to extend the empire of the Fair; but will they now be obliged to him for having thus represented Love as inconspicuous with Reason ?
LOVE AND REASON. 'Twas in the summer time so sweet, When hearts and flowers are both in season, That—who of all the world, should meet, One early dawn but Love and Reason! Love told his dream of yesterday night, While Pæston talk'd of the weather; The morn, in sooth, was fair and bright, And on they took their way together. The boy in many a gambol's play, While Reason, like a Juno, stalk'd, And from her portly figure threw A lengthened shadow as she walk'd. No wonder Love, as on they pass, Should find that sunny morning chill, For till the shadow Reason cast Fell on the boy, and cool'd him still. In vain he tried his wings to warm, Or find a pathway not so dim, For till the maid's gigantic form Would pass between the sun and him! "This must not be," said little Love, "The sun was made for more than you, So, turning through a myrtle grove, He bade the portly nymph adieu. Now gaily roves the laughing boy O'er every mead, by many a stream, In every breeze inhaling joy, And drinking hills in every beam. From all the gardens, all the bowers, He cull'd the many sweets they shad'd, And are the fruits, and smell'd the flowers, Till Love and Reason meet again! But now the sun, in pomp of noon, Look'd blazing o'er the parched plains, Alas! the boy grew languid soon, And fever thrill'd through all his veins! The dew forsook his baby brow, No more with vivid bloom he smil'd— Oh! where was tranquil Reason now, To cast her shadow o'er the child? Beneath a green and aged palm, His foot at length for shelter turning, He saw the nymph reclining calm, With brow as cool as his was burning. "Oh take me to that bosom cold," In murmurs at her feet he said, And Reason op'd her garment's fold, And flung it round his fever'd head. He felt her bosom's icy touch, And soon it lull'd his wattle to rest; For ah! the chill was quite too much, And love expir'd on Reason's breast!
SONG, BY THE SAME. The wreath you wove, the wreath you wove, Is fair—but oh! how fair! If Pity's hand had stolen from Love One leaf to mingle there. If every rose with gold were tied, Did gems for dew drops fall, One faded leaf where love had sigh'd Were sweetly worth them all. The wreath you wove, the wreath you wove, Our emblem well may be; Its bloom is yours, but hopeless Love Must keep its tears for me.
By Authority.
LAW OF THE UNITED STATES.
AN ACT Making an additional appropriation for the naval service, during the year one thousand eight hundred and five. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That in addition to the sum heretofore appropriated for that object, the sum of two hundred and fifty thousand dollars be, and the same hereby is appropriated towards defraying the expenses of the navy of the United States, during the year one thousand eight hundred and five. Sec. 2. And be it further enacted, That the aforesaid sum shall be paid, first, out of the monies accruing at the end of the year one thousand eight hundred and five, from the duties laid on the act, passed on the twenty-fifth day of March, one thousand eight hundred and four, instituted "An act further to protect the commerce and seamen of the United States against the Barbary powers;" and secondly, out of any monies in the treasury not otherwise appropriated.
NATHL. MACON, Speaker of the House of Representatives.
S. SMITH, President of the Senate Pro tempore.
December 11th, 1805. APPROVED, TH: JEFFERSON.
FOR RENT.
THE Tavern & Land, at King & Queen court house, with all the houses thereunto belonging, (except the store house, occupied by myself; and the shop lately used by Doctor's Norwalk and Pendleton.) This place is so well known in the neighbouring counties, to be a profitable stand for a Tavern, that to say much by recommendation, would be unnecessary; its being the seat of a county and District Court, and lying on the main road, leading from Gloucester and Mathews's counties, to the city of Richmond, give it a considerable advantage over the Taverns at court houses generally. The land attached to the Tavern, is capable of yielding annually from 175 to 200 barrels of corn; and from 300 to 400 bushels of wheat. I am of opinion that the field which is now in corn, is capable of producing 600 bushels of wheat, if put in the ensuing fall in good time, which privilege will be allowed to those who rent the place. I have made 430 bushels of wheat from the same field, when not as large by 30 acres, and none of it in the high state of cultivation that it is at present. This place will be rented for two years, and in all probability, for two years more at the expiration of the first term.—I will contract privately with any person willing to rent, and if not disposed of by the second Monday in September next, it will then be set up publicly at King & Queen court house, (its being court day,) if rented before that time, public notice will be given. Apply to Robert Pollard, and Thos. C. Hoomes, Esquires, residing at King & Queen court house, or the subscriber.
THOMAS GARNETT. (148.)
August 1.
MR. MOORE'S NEW WORK.
[We pass over the puny and contemptible faeries of the Editor of the Port Folio, upon the republican institutions of our country; faeries, which if they had been dictated by the prejudices, would have reflected no disgrace upon the patriotism of a British minion! We pass over his quaint and affected "avidity to devour the novelties of elegant literature," which has too evidently by the air of a literary coxcomb: to introduce his notice of Anacreon Moore's "New Poetical Performance." The volume is a large quarto consisting of " Epistles, Odes and other Poems ," written chiefly during an absence of fourteen months from England. The effusions were inspired by Bermondieu, American and Canadian scenery, during a rapid tour made to the Summer Islands; some of the southern and middle states of this distracted country; and the country; and the provinces of Lower and Upper Canada and of Nova Scotia and New Brunswick in the British dominions.
The themes are various. Some are of the satiric, others of the descriptive kind. In the heroic poems, he is represented to have "caught that tenderness of
sentiment and genuine cadence of verse, which so gloriously distinguished his countryman, Goldsmith. In view of his recent poems in the Ordeal manner, he is said to have given way to the force of luxury of thought & warmth of expression which has so frequently disgraced the fondlest admirer of his genius.—Were all his poems as chaste as they are exquisitely tender, it would be a pleasure to commend, where there would be so little necessity for censure.
But we will not deny the delight that our friends of sensibility and taste will derive from the following, by any expression of our own feelings and opinions. Before a Grecian Temple, we will build no clumsy porch; but introduce at once the admiring Connoisseur.
It must, however, he confessed, that the following apology, though fraught with ten thousand beauties, would have been more perfect without the finishing stanza. The catastrophe is too unexplicable; and we dare to hope, too inconsistent with the probability of events.—Mr. Moore has hitherto exerted his genius to extend the empire of the Fair; but will they now be obliged to him for having thus represented Love as inconspicuous with Reason ?
LOVE AND REASON. 'Twas in the summer time so sweet, When hearts and flowers are both in season, That—who of all the world, should meet, One early dawn but Love and Reason! Love told his dream of yesterday night, While Pæston talk'd of the weather; The morn, in sooth, was fair and bright, And on they took their way together. The boy in many a gambol's play, While Reason, like a Juno, stalk'd, And from her portly figure threw A lengthened shadow as she walk'd. No wonder Love, as on they pass, Should find that sunny morning chill, For till the shadow Reason cast Fell on the boy, and cool'd him still. In vain he tried his wings to warm, Or find a pathway not so dim, For till the maid's gigantic form Would pass between the sun and him! "This must not be," said little Love, "The sun was made for more than you, So, turning through a myrtle grove, He bade the portly nymph adieu. Now gaily roves the laughing boy O'er every mead, by many a stream, In every breeze inhaling joy, And drinking hills in every beam. From all the gardens, all the bowers, He cull'd the many sweets they shad'd, And are the fruits, and smell'd the flowers, Till Love and Reason meet again! But now the sun, in pomp of noon, Look'd blazing o'er the parched plains, Alas! the boy grew languid soon, And fever thrill'd through all his veins! The dew forsook his baby brow, No more with vivid bloom he smil'd— Oh! where was tranquil Reason now, To cast her shadow o'er the child? Beneath a green and aged palm, His foot at length for shelter turning, He saw the nymph reclining calm, With brow as cool as his was burning. "Oh take me to that bosom cold," In murmurs at her feet he said, And Reason op'd her garment's foldAnd flung it round his fever'd head. He felt her bosom's icy touch, And soon it lull'd his wattle to rest; For ah! the chill was quite too much, And love expir'd on Reason's breast!
SONG, BY THE SAME. The wreath you wove, the wreath you wove, Is fair—but oh! how fair! If Pity's hand had stolen from Love One leaf to mingle there. If every rose with gold were tied, Did gems for dew drops fall, One faded leaf where love had sigh'd Were sweetly worth them all. The wreath you wove, the wreath you wove, Our emblem well may be; Its bloom is yours, but hopeless Love Must keep its tears for me.
By Authority.
LAW OF THE UNITED STATES.
AN ACT Making an additional appropriation for the naval service, during the year one thousand eight hundred and five. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That in addition to the sum heretofore appropriated for that object, the sum of two hundred and fifty thousand dollars be, and the same hereby is appropriated towards defraying the expenses of the navy of the United States, during the year one thousand eight hundred and five. Sec. 2. And be it further enacted, That the aforesaid sum shall be paid, first, out of the monies accruing at the end of the year one thousand eight hundred and five, from the duties laid on the act, passed on the twenty-fifth day of March, one thousand eight hundred and four, instituted "An act further to protect the commerce and seamen of the United States against the Barbary powers;" and secondly, out of any monies in the treasury not otherwise appropriated.
NATHL. MACON, Speaker of the House of Representatives.
S. SMITH, President of the Senate Pro tempore.
December 11th, 1805. APPROVED, TH: JEFFERSON.
FOR RENT.
THE Tavern & Land, at King & Queen court house, with all the houses thereunto belonging, (except the store house, occupied by myself; and the shop lately used by Doctor's Norwalk and Pendleton.) This place is so well known in the neighbouring counties, to be a profitable stand for a Tavern, that to say much by recommendation, would be unnecessary; its being the seat of a county and District Court, and lying on the main road, leading from Gloucester and Mathews's counties, to the city of Richmond, give it a considerable advantage over the Taverns at court houses generally. The land attached to the Tavern, is capable of yielding annually from 175 to 200 barrels of corn; and from 300 to 400 to 400 bushels of wheat. I am of opinion that the field which is now in corn, is capable of producing 600 bushels of wheat, if put in the ensuing fall in good time, which privilege will be allowed to those who rent the place. I have made 430 bushels of wheat from the same field, when not as large by 30 acres, and none of it in the high state of cultivation that it is at present. This place will be rented for two years, and in all probability, for two years more at the expiration of the first term.—I will contract privately with any person willing to rent, and if not disposed of by the second Monday in September next, it will then be set up publicly at King & Queen court house, (its being court day,) if rented before that time, public notice will be given. Apply to Robert Pollard, and Thos. C. Hoomes, Esquires, residing at King & Queen court house, or the subscriber.
THOMAS GARNETT. (148.)
August 1.
NOTICE. APPREHENSIONS for the health of his family having disabled the writer from abiding permanently at Norfolk, he has removed to the city of Richmond, and fixed his office in the house near the Capitol, lately occupied by the Commissioner of Loans. He proposes to practise law in the Federal Court, Court of Appeals, and Court of Chancery, in Richmond; and will continue also to practise in the Chancery District Court of Williamsburg, and District Court of Suffolk. W. WIRT.
August 5.
As a matter of the Directors of the Richmond Turnpike Company, held at Edward Halban's tavern in the city of Richmond, on Tuesday the 29th of July, 1806.
RESOLVED, That five dollars be paid on each share held by the Stock-holders in the said company to Nathaniel Sheppard their treasurer on or before the first day of September next. Resolved, That propositions be received from any person inclined to undertake the work on the Turnpike until the first day of October next, and that the same be filed in writing with the clerk of the Company by the persons making such propositions. An extract from the minutes. N. SHEPPARD, Clerk. (18 Sept.)
August 5. ALEXANDER STUART, Esquire, of Richmond and Col. William Daniel, of Cumberland county, are so obliging as to undertake my law business. The former will give his attention to it in the federal court and in the court of appeals. The latter in the superior court of chancery for the Richmond district. CREED TAYLOR. (13)
July 18.
TO BE RENTED—The Tenement where I now reside, and possession given in time. J. PENN.
April 11.
TEN DOLLARS REWARD. RANAWAY from the subscriber, on Thursday night the 1st inst. a negro man named LEWIS, he is about five feet nine or ten inches high, stout and well made, has a scar on one of his hands (I believe his right) occasioned by a burn when young; he wears a home-spun shirt coat and pantaloons dyed of a light olive colour, took with him a black broad cloth coat and vest, but I expect he will change his name and clothing, and attempt passing as a free man, and will attempt to make his escape to Norfolk by water. Masters of vessels and all others are forewarned from harbouring, employing, or taking him away at their peril. The above reward will be paid on delivering him to Joseph Trayler, Jr. in Blandford, or the subscriber. ARCHER TRAYLER, Jr. N. B. I have understood that he was seen in the city of Richmond during the Broad Rock Races, dressed in black. I think it is probable he is still lurking about there. He has a pert walk, good countenance, very active and fond of waiting on gentlemen. A. T.
Chesterfield, May 27.
PROPOSALS, For Publishing by Subscription, THE WORKS OF DR. BENJAMIN FRANKLIN, PHILOSOPHICAL, POLITICAL & LITERARY. Hominem verumque regis.
THE publication of the writings of Dr. Franklin a complete edition, was long contemplated by the late Benj. Franklin Books , his grandson, who transferred the copy which was devised to Mr. W. Temple Franklin, for the purpose. It was originally designed that the corrected edition should appear in three languages, and in England, Germany, France, and America, at the same time; this design was frustrated by the death of W. Temple Franklin who, it is now believed, sacrificed the work and the honorable trust reposed in him, for money, to the moral hatred of the English ministry against the deceased sage. As soon as this fact was known, the present editor of the Aurora turned his attention to the collection of every paper and circumstance which could tend to preserve and do honor to the memory of a man to whom America is so much indebted; and who, as he was the first that from his genius and talents reflected back lustre on his native country, must continue to be ranked to the latest posterity, among its greatest benefactors and ornaments. This edition will be published from the copies revised and corrected by Dr. Franklin, the corrections of which are in the hand writing of the author, & may be seen by any gentleman in the possession of the editor of the Aurora. Early admiration of Dr. Franklin; educated in veneration and reverence of his character—combined with other incidental circumstances not necessary to be pointed out, have concurred to favor the collection by the present editor, of the best materials that could be obtained, after the sacrifices of the work by the devisee. With some industry, and with some expense he has possessed himself, not only of the copy with the corrections and additions in Dr. Franklin's hand writing; but also of several articles which have never appeared in any former collection, and of several which have never appeared in print. Proposals would have appeared long since in this city, had not an advertisement of an intended edition, been published in the English prints; the present editor thought it might be yet possible that the edition advertised, was that which Mr. Temple Franklin was entrusted with; but it now appears that the English edition is only a republication of the former compilation with some small additions; but still very deficient, on a comparison with the corrected papers in the hands of the editor. The whole will now be carefully collated, and the work executed in a style worthy of the great patriarch of American liberty and apostle of the American press. The additional papers will form at least a volume, perhaps more—the authentic papers already printed, form three—and it is intended to begin with the fourth volume, which will be put to press immediately; and to publish the Biography last, so that such additional particulars as may throw any useful light on the life of this great man, may be engraved on his memoirs; to obtain which, and other important materials, the editor will spare neither pains nor expense. Gentlemen who may be possessed of authentic or original papers, or correspondence of Dr. F. or who can give information where any are to be found, will render public service by communicating them to the editor.