The enquirer (Richmond, Va.), 1809-12-16 00:00:00

The Enquirer.
VOL. 6.]
RICHMOND, SATURDAY, DECEMBER 16, 1809.
[No. 65.]
Published by Thomas Ritchie, near opposite the Globe Tavern, Richmond, Virginia. CONDITIONS: —Five dollars a year, to be paid annually in advance. Those who wish to be considered as annual subscribers, must hereafter designate it at the time of subscribing, otherwise their papers will be discontinued at the expiration of the first year. No paper can be stopped until all arrearages have been paid. Good acceptances, in Richmond only, will be received in payment. The same rule as to advertisements.
FOR SALE AT THIS OFFICE: —The 5th Volume of the ENQUIRER, complete, bound in boards. VIRGINIA DEBATES, in the Convention, bound in boards, sheep and boards. BURR'S TRIAL, for Treason and for a Misdemeanor, in boards—By D. Robertson. LETTERS on the Subject of THE CATHOLICS —By Peter Plym—From the 11th London Edition. BLANKS, for Lawyers, Clerks, Sheriffs, Constables, Merchants, &c. &c. which will also be printed according to any form exhibited, at the shortest notice.
THIS DAY IS PUBLISHED,  A New Theory, OF THE DIURNAL ROTATION OF THE EARTH: Demonstrated upon Mathematical Principles, from the properties of the Cycloid and the Epicycloid. WITH AN APPLICATION OF THE THEORY, To the explanation of the various Phenomena of the Winds, Tides and of those Stony and Metallic concretions which have fallen from Heaven upon the surface of the Earth. BY JOHN WOOD, Author of Elements of Perspective , printed in London, in 1799. December 14.
THE Public are respectfully informed, that JOHN FIELDS now occupies the stand of Geo. Watson, on the cross street leading to the Basin—where any thing in the "science" of OPTICIAN, REFRACTOR, or RELISHER, are prepared in the best style by night or day, at a moment's warning. December 14.
WANTED for the ensuing year, a male House-Servant.—For one who is active, industrious and honest, liberal hire will be paid. Apply to the Editor of this paper. December 14.
JUST RECEIVED, a general assortment of DUTCH HOLLING CLOTHS of superior quality—Also, two PIANO FORTES. J. DARMSDAT. Richmond, Dec. 14.
EDUCATION. —The subscriber offers his services to the public for the ensuing year to instruct boys and young men in the following branches of Literature, viz. Reading, Writing and Spelling the English language with propriety—Latin and Greek Languages, History, Geography with the use of the Globes, the Elements of Natural Philosophy, the Elements of Geometry with practical surveying, Arithmetic, Vulgar and Decimal with Algebra.—The price of board, tuition, washing, bedding and fuel, will be one hundred dollars for the term, paid quarterly in advance, to commence on the fifteenth of January and expire on the tenth of December next, with the usual vacation. He hopes from his success, experience and diligence in his profession, to obtain that share of the public patronage which he merits. THOS. NELSON. Humanity Hall, forks of Hanover, Dec. 14, 1809.
Domestic.
ST. LOUIS, November 9. —The deposition of Mr. Jarrott, and strictures on the character and conduct of Messrs. Poirier and Bleakley, as appeared in our 49th number, were communicated by a gentleman with whom we frequently corresponded.
We knew nothing of Messrs. P. and B. we relied on our correspondent for the accuracy of his statement, as well as for the justice of his censure, and were prepared to give his name when necessary.
It affords us much satisfaction to learn, that these gentlemen were last week in town for the purpose of answering, in any legal or other mode, the charges which had circulated against them. Their explanations were, we understand, supported by deposition and other written evidences. After repeated conferences at the Secretary's office, Mr. Bates, now in the exercise of the government, addressed to them the following letter, which we publish at the request of Messrs. P. and B.
ST. LOUIS, Nov. 24, 1809. To Messrs. J. Poirier and John Bleakley; GENTLEMEN, The statement which you yesterday did me the favor to submit, in relation to your conduct among the Sacs, Foxes, and other Indians of the Mississippi, has been read and reflected upon, with all that candor and attention, which it certainly merits.
The charges were, indeed, such as to create much prejudice in the public mind, and some alarm for our defenseless frontier. It gives me pleasure to be convinced, that the prejudice was unmerited, and the alarm without foundation.
You were advised, gentlemen, that, as the acting governor of Louisiana, I had no power to institute an enquiry in this mode: an investigation at my office was known to be extra-judicial. The earnestness, however, with which you have insisted, together with the trouble which you have given yourselves, of a personal attendance at St. Louis, determined me to adopt that course, as the only one which the circumstances of the affair placed within my reach.
Your development of motives, has demonstrated the rectitude of your motives and conduct; and I am truly happy to find, that your characters, heretofore known for their individual worth, have, in no wise, deserved reproach or imputation. On the contrary, in the neighborhood of Fort St. Louis, I believe that your conduct never was in danger.
The honorable frankness with which you avow your allegiance and political attachment to the crown of Great Britain, is the best guarantee of your decent submission to our laws, as long as you voluntarily live under their protection.
I wish you the most prosperous good fortune in all your laudable pursuits; and am, very respectfully, GENTLEMEN, Your most obedt servant, FREDERICK BATES.
November 16. —On Monday last, two men belonging to the party which conducted the Mandan Chief to his nation, arrived here in 43 days from the Mandan village. They say, they arrived at the village on the 24th of September last, all well, having a passage of 101 days from this place. From the mouth of the Missouri to the village, is 1,610 miles; and calculating their being obliged to stop several days on their journey to procure provisions, progressed upwards of 20 miles per day.
The men report, that they arrived at the Ricaree village on the 12th of September, and experienced a considerable degree of hospitality from these people. The Saux appeared very hostile, and nothing but fear prevented their stopping the party. These men left the hunting party about 25 miles above the Mandan village, on their way to the hunting ground, at the foot of the mountains. They express great apprehension from the Blackfoot Indians, who swarm in those regions, and who appear entirely in the interest of the British factors, who have trading houses on the Yellow-stone river, and other streams, which empty into the head branches of the Missouri.
Messrs. Crooks, Miller and McClelland, who had permission to ascend the Missouri to its head, were stopped by the Tions, and escaped by stratagem; otherwise, it was expected they would have been cut off. These gentlemen are now trading with the Michas on the river Platte.
Messrs. Pierre Chouteau, and two sons, Auguste, son of Col. Auguste Chouteau, Mr. Manuel Lisa and Doctor Thomas, are expected daily—from them we expect a more particular detail of the voyage.
Extract of a letter from a respectable American commercial character at Tommengen, dated Sept. 29, 1809. "By a royal order issued shortly after the commencement of the war with England, the exportation of sundry articles (among which are all kinds of drugs and raw sugars,) is prohibited. The accumulation of this last article has produced great inconvenience and loss to many of our countrymen. Many applications have been made to obtain an exemption in favor of sugars, but without effect. There is an assurance now, however, that this very desirable facility to our trade will be soon accorded."
"The following questions, with the answers thereon, have been proposed to and received from the Royal Custom House office at Copenhagen, under date of the 23d September, 1809. "1. What proofs are demanded of the neutral origin and property of the arriving cargoes (of American ships in Danish ports?) "In answer to the first question we have to say, that if it appears by the ship's & cargo's papers that the goods were shipped in an American port and the same are entirely for American account, or for that of Danes or subjects to friendly neutral and allied powers, no further or other proofs of origin will be demanded, that is to say, for the following undoubted American products: Tobacco, rice, cotton, rum and further in respect to colonial products, as sugar, coffee, dyewood, cocoa and indigo."
"However, to remove all doubt respecting the authenticity of these documents, and the correctness of the entry made, we have caused that those American ships which intend to come direct to Danish ports, must apply to the Danish charge d'affaires in North America, or his vice consul, and take an attestation of the cargo, the destination and property, as also the name of the ship and captain. But, in respect to those vessels which arrive in the royal Danish ports, loaded with colonial products from ports belonging to friendly, neutral or allied powers of Europe, it is required that all these attestations shall be produced by which such goods shall have been entitled to entry by the governments of the respective countries from whence they come."
"2. Whether the examination of the same by cruisers or men of war of the enemy, or the forced touching in their ports exposes the goods to sequestration or confiscation? "As to the second question it must be entirely reserved to the royal order of the 24th of December, 1807."
OHIO, (Chillicothe,) Nov. 27. A few days since, while digging a well in the garden of J. E. Morgan, of Jefferson, Pickaway Plains, the workmen, at the depth of seventeen and an half feet, discovered the remains of a human being. The corroding tooth of time had made such an impression on it, that only the arm bone could be raised. From the more than ordinary size of which, it was conjectured, that the whole skeleton had been attached to a being of larger dimensions than the race of the present day.
For a skeleton to be found incarcerated in such an extraordinary depth, may give rise to some important speculations, relative to the antiquities, with which the western country abounds. Where these remains were found, there is first a soil of two or three feet, then sand and gravel, and intermixed with a thick black mould. (Republican.)
TENNESSEE. NASHVILLE, Nov. 24.
Arrived here a few days since, captain Boone, aide de camp to Gen. W. Hampton of S. Carolina, together with a captain and two lieutenants of artillery. We understand that general Hampton is hourly expected at this place, on his way to the Mississippi territory, by order of the President of the United States, to take the command of the army. Gen. Wilkinson is to repair immediately to the city of Washington; for what purpose we have not been able to find out, unless we take for granted, the reports which
have been published abroad, that he is to be arraigned for disobedience of orders, in not removing the army up to Washington, Mississippi Territory, immediately after the order was given, and sundry other charges. Review.
CHARLESTON, December 4. —The brig Mary, Captain Smith, from Havana, bound to Amelia, put into this port yesterday, on account of unfavorable winds. By her we learn, that the government of Havana had permitted the American vessels there not only to land but to sell their cargoes. The ship Pierce Manning, Pratt, and brig Minerva, Spencer, were taking in return cargoes for this port, to sail in a few days after the Mary. Times.
NORFOLK, December 11. —By the Spanish schooner Havana, from Havana, we learn, that the importation of flour from the United States into Cuba, is prohibited even in Spanish vessels. The government of Cuba have contracted for flour for that Island at La Vera Cruz. Ledger.
BOSTON, Dec. 5. —We were last evening favored with extracts from Halifax papers to the 13th ult. They contain the speech of Governor Prevost, at the commencement of a session of the Legislature. It represents the colony as in a flourishing state, and its militia as on a respectable footing. The schooner Three Sisters, which was lately piratically run away with, after murder had been committed on board, as recently advertised in the American papers, has been taken at Newfoundland, by the British schooner Cuttle, Lieut. Bury, and returned to Halifax. Jordan and his wife had been committed to prison. Kelly escaped.
PHILADELPHIA, Dec. 9. FROM LONDON.
The Coromandel, Captain Hunt, from London, has arrived at Newcastle. Captain J. B. Davy, passenger in this vessel, arrived this morning, with dispatches from Mr. Pinkney for our government. They have been forwarded by this morning's mail. A London paper of the 23d October, has been received by the Coromandel; but we understand, it contains nothing interesting, being principally filled with the arrangements for the celebration of the anniversary of the king's reign, which was to take place, with great splendor, on the 25th October.
By the Coromandel we learn, that the new British ministry, instead of being looked up to by the nation with approbation and confidence, are viewed with general discontent; and that another change must before long be produced by public opinion. A Regency was strongly spoken of; in which case, the Gray and Grenville influence would prevail. Nothing respecting American affairs appears in the late papers. Ref.
TREASURY DEPARTMENT, December 7th, 1809.
SIR—I have the honor to enclose a Report prepared in obedience to the act entitled "An act to establish the Treasury Department."
I have the honor to be, Very respectfully, Sir, your obedt servant, ALBERT GALLATIN. The Honorable The President of the Senate.
REPORT. In obedience to the directions of the act supplementary to the act entitled "An act to establish the Treasury Department" the Secretary of the Treasury respectfully submits the following report and estimates:
The duties on merchandise and tonnage which accrued during the year 1807, a mounted after deducting the expenses of collection to $26,126,648
From which deducting for drawbacks issued on account of re-exportations, 10,067,191
Left for the nett revenue accrued during that year 16,059,457
The same duties during the year 1808, amounted, after deducting the expenses of collection, to $10,581,559
From which deducting for drawbacks issued, and which on account of the embargo did not exceed 249,396
Leaves for the nett revenue accrued during that year, as will appear by the statement (A) 10,332,163
The statement (B) exhibits in detail the several species of merchandise and other sources from which that revenue was collected during the year 1808; and the statement (A) gives a comparative view of the importations and re exportations of the several species of merchandise for the year 1807 and 1808, shewing thereby distinctly the effect of foreign aggressions and commercial restrictions on the importations of foreign articles.
From the returns already received for the three first quarters of the present year and from the general knowledge of the importations made during the two last months, it is believed that the gross amount of duties on merchandise imported during the whole year, will, after deducting the expenses of collection, amount to about ten millions of dollars.
But as the debentures issued on account of re exportations (principally of colonial produce) will amount to about 3,500,000 dollars, the nett revenue accrued during the year 1809 cannot be estimated at more than six millions and a half.
It appears by the statement (C) that the sales of public lands, have during the year ending on the 30th September, 1809, a mounted to 143,000 acres; and the payments by purchasers to near 500,000 dollars. The proceeds of sales in the Mississippi Territory, being, after deducting the surveying and other incidental expenses, appropriated in the first place to the payment of a sum of 1,250,000 dollars to the state of Georgia, are distinctly stated,
It appears by the statement (D) that the payments on account of the principal of the public debt, have during the same period, amounted to near 6,750,000 dollars, the reimbursement of the eight per cent stock having taken place on the first of January last. But the aggregate of payments on account of principal and interest will not for the two years 1808 and 1809 exceed the sum of sixteen millions of dollars appropriated by law.
The same statement shews that about 34,796,000 dollars of the principal of the debt have been reimbursed during the eight years and a half commencing on the 1st of April, 1801, and ending on the 30th September, 1809; exclusively of more than six millions of dollars paid in conformity with the provisions of the convention with Great Britain and of the Louisiana Convention.
The actual receipts into the Treasury during the year ending on the 30th of September, 1809, have amounted to $9,735,753 16 Making, together with the balance in the Treasury on the 1st of October, 1808, and amounting to 13,846,717 52
An aggregate of 23,162,470 68 The disbursements during the same year have consisted of the following items, viz. Civil Department, including miscellaneous expenses, & those incident to the intercourse with foreign nations, 1,429,633 23 Military and naval establishments including the Indian Department, viz. Military, including arms and fortifications, 3,566,403 12 Navy, 2,379,267 80 Indian Department, 292,503 84
Interest on the public debt, 3,126,149 15
Reimbursement of principal of the public debt, 10,603,757 14
Amounting together, as will appear more in detail by the statement (E) to 17,833,534 67
And leaving in the Treasury on the 30th of September, 1809, a balance of 5,828,936 01
23,162,470 68
Whence it appears that the expenses of government, exclusively of the payments on account of the principal of the debt, have exceeded the actual receipts into the Treasury by a sum of near thirteen hundred thousand dollars; and that that deficiency, as well as the reimbursement of the principal of the debt, have been paid out of the sums previously in the Treasury, or in other words out of the surplus of the revenue of the preceding years.
The outstanding revenue bonds may, after deducting the expenses of collection, and allowing for bad debts, be estimated to have amounted on the 30th of September, 1809, to $7,500,000
The duties on the importations during the last quarter will not probably, after making a similar deduction fall short of 2,800,000
All those will fall due prior to the 1st day of January, 1811, and make, together with the balance in the Treasury on the 30th September, 1809, and amounting as above stated, to 5,800,000
An aggregate of 16,100,000 The expenses of the present quarter, though not yet precisely ascertained, will not probably, including the payments on account of the public debt, exceed 3,600,000
Leaving on the first day of January, 1810, a sum of 12,500,000
About twelve and a half millions of dollars in cash or bonds payable during the year 1810 and applicable to the expenses of that year. This estimate, however, is founded on the supposition that the amount of debentures payable in that year will not exceed two millions of dollars, and that the receipts during the year arising from importation subsequent to the first of January next, and from the sales of land, will be sufficient to pay those debentures and to leave at all times in the treasury at least one million of dollars.
Estimating the expenses of a civil nature, both domestic and foreign, for the year 1810, at the same amount actually expended for those objects during the preceding year, or at about 1,500,000 And adding thereto the annual appropriation of 8,000,000
For the public debt; (of which sum about three millions seven hundred and fifty thousand dollars will be applied to the final reimbursement of the exchanged six per cent stock;) It follows that unless the aggregate of the expenses for the military and naval establishments should be reduced to about 3,000,000
12,500,000
three millions of dollars, a loan will be necessary to make up the deficiency. That state of the Treasury had been anticipated; and, for that reason an increase of duties had been respectfully submitted in the last annual report. But should that measure be now adopted, it would not, on account of the terms of credit allowed for the payment of duties, supersede the necessity of a loan for the service of the year 1810, commensurate with the extent of those establishments and with the appropriations which may be made for their support by Congress. No precise sum is suggested, since this must vary according to the plans which may be adopted in relation to foreign nations, and will par-
ticularly depend on the decision of Congress on the question of war or peace. It is sufficient to state that if the actual expenditure of the year 1810 for all military and naval purposes should be estimated at the same sum which was disbursed by the Treasury for those objects during the year ending on the 30th September, 1809, and exceeding as above stated six millions of dollars, the deficiency according to the preceding estimates would amount to three millions; on which supposition, it would seem prudent, in order to provide against any deficiency in the receipts beyond what has been estimated, to authorise a loan of four millions of dollars.
In the event of war, the necessity of rendering it efficient and of calling for that purpose into action all the resources of the country, is too obvious to require any comment. On that subject nothing will at this time be added by this department to the suggestions respectfully submitted in the two preceding annual reports. Loans reimbursable by instalments and at fixed periods after the return of peace, must constitute the principal resource for defraying the extraordinary expenses of the war. For the support of public credit, the basis on which rests the practicability of obtaining loans on reasonable terms, it appears necessary that the revenue should, in the meanwhile, be equal to the interest on the public debt including that on the new loans, and to all the current expenses of government calculated on a peace establishment, or, for the present, to about eight millions of dollars. An immediate and considerable increase of the existing duties will, it is believed, be requisite for that purpose in order to cover the defalcation which a maritime war must necessarily produce in a revenue almost exclusively depending on commerce. That increase appears preferable in the present situation of the United States to any other source of taxation, and is not, in time of war, liable to the objection of its encouraging smuggling. It is only in the event of that revenue being still more affected by a war than is apprehended, that a resort to internal taxes either direct or indirect may become necessary.
If war should not be resorted to, it does not appear requisite unless Congress should resolve on a permanent increase of the military and naval establishments in time of peace, to lay at present any additional duties, beyond a mere continuance of the two and a half per cent. known under the name of "Mediterranean fund." It has already been stated that an increase of the import would not supply the deficiency which may take place in the year 1810, and exclusively of the reimbursement of the loan which may be wanted for the service of that year, all the national expenses calculated on a peace establishment and on the average of the actual expenditures of the six years 1802 to 1807, will not exceed ten millions of dollars for the year 1811, and eight millions after that year.
For the only portion of the existing debt which according to law it will be practicable after the year 1810 to reimburse, will, exclusively of the annual reimbursement of the six per cent. and deferred stocks, consist only of the converted six per cent. stock, which amounts to less than ten millions of dollars. The payments, on account of the annual appropriation of eight millions of dollars for the debt, cannot for that reason (except for the purpose of reimbursing the loan which may be wanted for the service of the year 1810,) much exceed six millions of dollars in the year 1811, and four millions of dollars annually after that year. The expenses for the year 1811 and the ensuing years may, therefore, if calculated on a peace establishment, be estimated as follows, viz.
  Civil expenses, domestic and foreign, 1,500,000   Military and naval establishments (including the Indian department) calculated on the average of the actual expenditure for those objects during the six years 1802—1807, as will appear by statement [F] about 2,500,000   Interest on the public debt, including the annual reimbursement on the six per cent. and deferred stock, 4,100,000   Total of the annual expenses after the year 1811, 8,100,000   Reimbursement of the converted six per cent. stock, 1,860,000   Total of expenses for the year 1811, Dolls. 9,960,000 
Whatever may be the decision of Congress in other respects, there is a subject which seems to require immediate attention. The provisions adopted for the purpose of carrying into effect the non-intercourse with England and France, particularly as modified by the act of last session under an expectation that the orders of council of Great Britain had been revoked, are inefficient and altogether inapplicable to existing circumstances. It will be sufficient to observe that exportation by land is not forbidden, and that no bonds being required from vessels ostensibly employed in the coasting trade nor any authority vested by law which will justify detention, those vessels daily sail for British ports, without any other remedy but the precarious mode of instituting prosecutions against the apparent owners. It is unnecessary, and it would be painful to dwell on all the effects of those violations of the laws. But without any allusion to the efficiency or political object of any system, and merely with a view to its execution, it is incumbent to state that from the experience of the two last years, a perfect conviction arises, that either the system of restriction partially abandoned must be reinstated in all its parts, and with all the provisions necessary for its strict and complete execution, or that all the restrictions, so far at least as they affect the commerce and navigation of the citizens of the U. States, ought to be removed.
All which is respectfully submitted, ALBERT GALLATIN, Secretary of the Treasury. Treasury Department, Dec. 7th, 1809.

Congress.
IN SENATE.
MONDAY, Dec. 11, 1809.
Mr. Pope, from the select committee to whom was referred the bill from the House of Representatives, supplementary to the act "extending the right of suffrage in the Indiana Territory, and for other purposes," reported the same without amendment; and the bill was ordered to be engrossed for a third reading.
CUMBERLAND ROAD.
Mr. Pope, agreeably to notice, presented a bill in addition to an act regulating the laying out and making a turnpike road from Cumberland, in the State of Maryland, to the State of Ohio. [The bill contemplates an additional appropriation of 50,000 dollars for this object.] The bill was read and passed to a second reading.
RECRUITING SERVICE.
The bill to repeal an act, entitled "an act to suspend for a limited time the Recruiting service," was read a second time.
Mr. Leib observed, that it was the usual course of business to refer a bill, introduced by a member, to a select committee on its second reading. Not wishing to travel out of the usual routine of business, he made that motion in relation to this bill.
Mr. Giles observed, that if he could ascertain the object of a commitment, he should have no objection to it; but that this was a bill not susceptible of modification, containing but one principle, and the sooner it was acted on the better. He was therefore opposed to commitment.
Mr. Leib said he had only made the motion in deference to the usual practice of the Senate. He was also of opinion that the sooner it was acted on the better; and, on the suggestion of the gentleman from Virginia, he withdrew the motion for reference.
The bill was then ordered to be engrossed for a third reading.
RUPTURE WITH MR. JACKSON.
The resolution approving the conduct of the Executive in refusing to receive any further communication from Mr. Jackson, the British Minister, was read a third time; and, without debate, on motion of Mr. Goodrich was decided by yeas and nays as follows:
Yeas—Messrs. Bradley, Brent, Condit, Crawford, Gaillard, German, Giles, Gilman, Gregg, Griswold, Lambert, Leib, Meigs, Mathewson, Parker, Pope, Reed, Smith of Md. Sumpner, Turner—20. Nays—Messrs. Goodrich, Hillhouse, Lloyd, Pickering—4.
[Absent on this vote, Messrs. Anderson, Bayard, Champlin, Franklin, Robinson, Smith of N. Y. Tate, Tarsiton and White sides; of whom those in italic have not appeared in their seats during the present session. There is one vacancy in the state of Delaware, occasioned by the death of Mr. White.]
The bill to prevent the abuse of the privileges and immunities enjoyed by Foreign Ministers within the U. S. was ordered to be engrossed for a third reading without debate.
December 12.
The bill supplementary to the act extending the right of suffrage in the Indiana Territory was read the third time and passed.
The bill to repeal the act for suspending for a limited time the recruiting service was read a third time; and on motion of Mr. Bradley, the further consideration of the bill was ordered to be postponed to the 1st day of August next.
HOUSE OF REPRESENTATIVES.
MONDAY, December 11.
The following gentlemen compose the committee of Post-Office and Post-Roads, to which has been referred a number of petitions, and resolution on the subject of Post-Roads: Messrs. Rhea, (T.) Helms, Thompson, Desha, Stanford, Calhoun, Troup, Morrow, Davenport, Chittenden, Goldsborough, Whitehill, Potter, J. Smith, Upham & Wilson.
The Speaker laid before the House a letter from W. C. Nicholas, resigning his seat in the H. of Representatives.
On motion of Mr. Bacon, Resolved, That a committee be appointed for the purpose of enquiring whether any and what alterations or amendments are necessary to be made in the act entitled "An act to promote the progress of useful arts, and to repeal the act heretofore made for that purpose;" and that said committee have leave to report by bill or otherwise.
[Messrs. Bacon, Kenan, Gold, Breckenridge, and Seybert, compose this committee.]
Mr. Morrow reported a bill to revive an act entitled "An act for the relief of the refugees from the British provinces of Canada and Nova Scotia, & for other purposes," which was received and read the first time.
On motion of Mr. Montgomery,
Resolved, That the Committee of Commerce and Manufactures be instructed to enquire into the expediency of extending the relief contained in the provisions of the act entitled "An act for the remission of certain penalties and forfeitures, and for other purposes," passed the 28th June, 1809, to cases where the introduction into the United States of slaves forcibly expelled from the island of Cuba, with the French inhabitants thereof, has been from places other than the island of Cuba, and that they have leave to report by bill or otherwise.
Mr. Whitman from the committee appointed on the 6th instant, to present to the President of the United States a resolution of the same date, reported that the committee had performed the duty assigned them, and that the President had signified that the information requested (relative to Danish, British, and French captures of our vessels) should be communicated so soon as it could be prepared by the proper department.
On motion of Mr. Bacon, the House proceeded to consider the resolution presented by him relative to duels, challenges, &c which was referred to a committee of the whole House.
BATTURE AT NEW ORLEANS.
Mr. Sheffield laid on the table the following resolutions:
Resolved, That provision ought to be made by law to authorise the President of the United States to cause the several persons who were removed from the Batture in front of the suburb of St. Mary, in the city of New Orleans, on the 25th January, 1808, to be restored to the possession thereof, to be held with the same rights with which they respectively held the same prior to such removal, any thing to the contrary notwithstanding.
Resolved, That it is expedient to authorise the President of the United States, if he shall be of opinion that the U. States have such a claim to the Batture in front of the suburb of St. Mary, in the city of New Orleans, as will justify the expense of procuring the same with the assent of the persons removed therefrom, on the 25th January, 1808, to name three persons who shall have full power to hear and finally determine all right, title, claim and demand whatsoever, as well of the United States as of the persons so removed, both in law and equity, and their decision, or a majority of them, shall be binding as well on the United States as on the said parties.
Resolved, That it is expedient to authorise the President of the United States, if he shall deem it most proper, to compromise the conflicting claims of the United States and the person removed from the Batture of the suburb of St. Mary, in the city of New Orleans, or cause the same to be tried in a court of the U. States in such manner and at such place as will secure an impartial trial.
On motion of Mr. Morrow, the house resolved itself into a committee of the whole, Mr. Helms in the chair, on the bill allowing further time for issuing and locating military land warrants.
The blanks in the bill were filled so as to allow a further term of three years for that purpose. The committee then rose and reported the bill, which, as amended, was ordered to be read a third time to-morrow.
RUPTURE WITH MR. JACKSON.
A paper was received from the Senate, by Mr. Otis, their Secretary, in the form of a joint resolution, approving the conduct of the Executive in relation to the refusal to receive any further communications from Mr. Jackson.
The resolution was read a first and second time, referred to a committee of the whole, and made the order of the day for Thursday next.
MR. JACKSON'S "CIRCULAR."
Mr. Quincy observed, that he perceived that in the letter from Mr. Smith to Mr. Pinkney, accompanying the message from the President of the U. States of the 29th November, 1809, allusion was made to an important paper headed "Circular," which had not been communicated to Congress. He perceived also, that by the resolution just received from the Senate, a specific declaration was required as to the contents of that very paper. It appeared to him extremely proper, that the house should have that paper on its files, and within the reach of its members, before a declaration was made respecting it. Under this impression he offered the following resolution:
Resolved, That the President of the United States be requested to lay before the house a copy of a paper purporting to be a circular letter from Mr. Jackson to the British Consuls in the United States, referred to in the letter of the Secretary of State to Mr. Pinkney, accompanying the message of the 29th November.
Mr. Dana observed, that there was another document which it might be of some importance to have on the file of the house, and which it might be also necessary to consult; that was, the despatch from Mr. Canning, which it appeared was sent by Mr. Pinkney to the Secretary of State. He moved to add that paper to the resolution.
Mr. Quincy accepted the amendment as part of his resolution. Mr. W. Alston objected to the first part of the motion. He said, the house must see the impropriety of calling on the Executive for a document of which it could not have an official copy; for no doubt the copy sent to Mr. Pinkney was cut out of a newspaper, and such an one only could be sent to the House. He had no objection to calling for that asked for by the gentleman from Connecticut, (Mr. Dana,) although the material parts of it were often quoted in the documents before Congress.
Mr. Quincy said, it was not his intention to call for what was not in the Secretary of State's office; the paper which he wanted was a copy of that paper transmitted across the Atlantic by the Secretary of State, as appeared by his letter to Mr. Pinkney. The gentleman might have seen Mr. Jackson's circular letter, he (Mr. Quincy) had not seen it; he had not been fortunate enough to obtain a copy of it. It must be in the office of the Secretary of State; for it was utterly impossible for it to have been sent to our minister in London, without also retaining a copy in the office of the Secretary of State.
Mr. Smilie said he would not oppose a call for any information that should be deemed proper, but he did not know upon what ground the House would call upon the President for this paper, which had not been addressed to the President, but to the British consuls in the United States. It could not be officially in the possession of the Secretary of State, who, he presumed, had seen it in the papers as every one else had. Mr. S. said he accidentally held in his hands a New Hampshire paper containing it; and if the gentleman from Massachusetts was desirous of perusing it, it was at his service.
Mr. Eyles asked for a division of the question. He said he was willing to call for any paper which was or which might be presumed to be in possession of the department of state; but it could not be presumed that the circular of Mr. Jackson was in that office in any other form than that referred to in Mr. Smith's letter, viz. in a printed form. Certain it was that it could not be in the department of state, because it was dated subsequently to the intimation that no further communication would be received from that source by the Secretary of State. The only reason, he presumed, why the other paper alluded to had not been communicated to Congress, was, that it was a printed paper, purporting to be a despatch from Mr. Canning. He had no farther objection to the call for either of these papers, other than it was neither decorous or proper to call upon the President for that which could not be officially in his possession.
Mr. Gardiner observed, that in addition to other forcible considerations, it would be treating the Executive rudely, when he had called their attention to a particular paper, to go to any other source to procure it; besides, that in the latter case a spurious copy might be imposed upon the House. If the President referred to a certain document as justifying his conduct, by procuring that document the House would have the whole ground before it. What would be the situation of the House, if, pursuing the ideas of some gentlemen, every member was to bring forward a document which he believed to be the legitimate one, and all these copies should differ? Who was to decide which was the correct one? If the House were to act at all on this subject, it was not only respectful and just to the President, but extremely
civil, to enquire of him on what ground he has acted. As a true American and a staunch republican, Mr. G. said he was desirous to give the President every opportunity of doing himself justice.
Mr. Quincy said that a copy of this circular having been forwarded to our minister in England, a copy must remain on the files of the Secretary of State's office; and therefore he asked for it, merely that the House might have on this occasion precisely that information which the Secretary of State had communicated to Mr. Pinkney.
Mr. Potter cited, as a reason why Mr. Quincy's motion should be agreed to, that between the copy of Mr. Champagny's letter to our minister in France, as it appeared in the public prints, and as since communicated to Congress, there was a material variation. If in that case there was a variance between different copies, it was equally probable that there should be a variance in the different copies of Mr. Jackson's circular.
The question was taken on the first part of the resolution, viz. on that part moved by Mr. Quincy, and finally carried 58 to 52. The question was then taken on Mr. Dana's amendment, viz. on that part calling for a copy of the paper purporting to be a despatch from Mr. Canning to Mr. Erskine, and carried without opposition.
Mr. Whitman, after a few observations that were not distinctly heard, offered an amendment understood to be intended to embrace in the papers to be called for the note from Mr. Erskine to Mr. Smith containing the "three conditions" which are admitted, in Mr. Smith's letter of Oct. 19, to have been submitted to him by Mr. Erskine.
On the suggestion of Mr. Quincy, this motion was declared to be out of order, as it was now too late to receive an amendment to the resolution, both clauses of it having been affirmed by the House.
The question was then put on the whole resolution as amended,—and the Yeas and Nays being demanded on its passage—
Mr. Rhea said he should vote against the resolution as by passing it, the House could add nothing to its stock of information, nor receive any official document; in both cases it could receive only a printed paper.
Mr. Smilie said he had no objection to one part of the resolution, that which called for a copy of the despatch from Mr. Canning to Mr. Erskine; but connected with the other paper he could not agree to it, for it would be the most extraordinary call he had ever witnessed since he had held a seat in Congress. What! said he—shall we call upon the Executive to send to us a paper which is not, never was, and could not be official in its possession? It is known to every member of the House that the Secretary of State cannot have in his possession any other copy of this paper than such as is in the hands of every member in the House and of every man out of doors. I should think, sir, when we consider the nature of the paper alluded to, that there is nothing in it would create any prejudice in its favor in the mind of any American in heart, if brought in the House. What is this paper? It is an appeal to the people of the United States. I for one shall not be guilty of the absurdity of calling for a paper which I know is not in the possession of the President any more than it is in mine; for the latter part of the motion, if distinct from the first, I would gladly vote.
Mr. Wheaton said that he was in favor of both branches of the resolution taken together. There seemed to be a difficulty with some gentlemen with respect to the first branch of it, and it seemed to be contended that the paper there alluded to, being published in newspapers only, ought not to be noticed. In reply to this it might be observed that the Secretary of State had thought proper to notice it in his correspondence with our minister in London, and it was therefore before the House. The House were not called upon to act upon a paper which might be variously published in various prints, but on a paper such as the Secretary of State had thought proper to transmit to our minister in London. Mr. W. said he therefore wanted not to know what had appeared in the newspapers, but what had been forwarded to our minister in London; to obtain this an application to the President was the proper mode, and he could not see why there should be any objection to its being exhibited.
Mr. Troup said he had voted in favor of the latter part of this resolution, and against the first; and he must now be compelled to vote against both combined. He deemed the object of the resolution to be improper, because on the face of it, it appeared that the paper asked for was an unofficial letter. If procuring a copy of it from the office of the Secretary of State would establish its authenticity, there could be no objection to the call. But the communicating or withholding would not stamp authenticity on it, because it was a document of which the Department of State could not have an official copy.
Mr. Macon said he did not attach so much consequence to this motion as either its advocates or opponents appeared to do. The object was to get a paper which had been published in all the newspapers of the U. S. Mr. Jackson's Circular, which it was clear could not be sent to the House in an official form, because it was not addressed to any department of our government, but to the British consuls. The other paper asked for was a document with the substance of which every one was acquainted. Without enquiring what was the object of the call, if any gentleman wanted a copy of any paper in the Department of State, he would never object to gratify them. It had been said that the House should not call for it, because it was addressed to the British consuls; but, Mr. Macon said, it was known to have been written by Mr. Jackson, because if it had not it would have been long ago denied. It was called an appeal to the people; so was Genet's—but Mr. M. said, he had never cared anything about these appeals—he should not care if Mr. Jackson should make another because he had no apprehension of any effect such things could have in this country. It could not be positively ascertained whether or not the letter in question was written by Mr. Jackson, but by calling on the printers; and he had no idea of meddling with them—he only claimed the privilege of believing what he pleased of their publications. Mr. M. was in favor of the resolution, because other gentlemen wished the papers for their information.
Mr. Quincy said that the importance of this resolution lay in this: that the House was called upon (by the resolution from the Senate) to decide on the contents of a paper the existence of which was first made known to them by communications from the Executive. When called upon in this way, was it not a duty the house owed to itself to ask for the papers on which it was to express an opinion? The House would not do justice to itself if it did not ask for them after the
intimation they had received that they were in possession of the Secretary of State.
Mr. Upham thought it necessary to have the very paper that was communicated by our Secretary of State to Mr. Pinkney. He recollected very well that on his journey to this city, he saw in two papers in N. York this very circular represented in two different ways.
Mr. Gardiner remarked that he took it for granted, that the more carefully the House proceeded, the more fully it possessed itself of all the documents on the subject on which they were about to legislate, the more impressive upon their own country and upon the world, to whom in part the resolution appeared intended to be addressed, would their decision be. The determination to be made should appear not to result from passion, but from a deliberation and coolness worthy the representatives of a great nation. He professed sincerely that upon the subject of the resolution from the Senate he had formed no opinion, neither should he vote for the present motion, because he inclined to one side or other on the former. He wished to possess himself of all the facts on the subject. It appeared that a copy of this circular had been forwarded to our Minister in London, in order to guide him in his conduct, Mr. G. presumed. We (said Mr. G.) are called upon to act here on the subject; our minister at London is directed to act there. If he has a right, to enable him to discharge his duty, to have a copy of this paper communicated to him, shall we not also have the same privilege? The question, he said, was not whether the document was officially on record in the Secretary of State's office, but whether the House should be called upon to act on a document which was not before it. With the same propriety might a jury be refused the hearing evidence on a case on which they were called to decide, as the House could be refused a copy of this paper. It was said that it was only a newspaper publication. Newspaper publication or not, originally, Mr. Gardiner said that the President had made it a public document by communicating it officially to our minister in London. He was satisfied that the President could have no objection to communicate it; for he well remembered that his predecessor had sent to the House, about the time of laying the famous embargo, a paragraph from an English newspaper containing something like a surmise that certain orders in council would be issued. If, as it had been said, the present President would follow in the foot steps of his predecessor, he could not have the least objection to comply with the request of the House to send a newspaper document, when his predecessor had sent one without any request at all.
Mr. Smilie said that if the call was made, the House could get no more than what every one had seen—and he called upon any gentleman to say that he had not seen the circular in the public prints, and also whether he believed that the House could get from the Executive any other information than that which every member had or might have in his possession. He confessed for his own part that he thought it would scarcely be treating the Executive with that delicacy due from one department of the government to another, to call upon him for a paper not officially in his possession, in order to see whether or not he had transmitted a faithful copy to our minister in London. It seemed to insinuate a doubt of the propriety of his conduct.—[Mr. Gardiner said that no such thing was meant.] Mr. Smilie said he did not believe gentlemen did mean it; but it was a reflection that naturally flowed from the circumstances. He did not know, if they could trust the Executive, why they should call for a paper already in every one's hands. He recollected a former case—for this was not the first appeal that had ever been made to the people. When Genet was the French minister here, Mr. S. said he had taken a step more direct than in the present case, and yet Congress had never called on Gen. Washington for a copy of his appeal; for it had, as in the present case, been published in all the papers, and no one had doubted its authenticity. If the House was not to act on the case till they got an authenticated copy of the document in question, they never would act, for assuredly they would not get it; but if no one entertained a doubt on the subject, he thought they might act with propriety.
Mr. Dana said that by the message from the Senate the House was called upon to express an opinion on a certain paper, to decide what was its meaning, and to concur with the Senate in fixing its terms of reprobation. And was the House of Representatives to pronounce on this subject without having the paper before them? Could they, in point of legislative decorum and propriety, undertake to judge without seeing the paper in form? Would gentlemen refer them to newspapers for documents on which to act? He certainly never expected to hear it advanced on this floor that members of the House were to keep a file of every newspaper containing a document. If this was necessary, he had certainly been deficient in his duty; for he had not kept a paper containing a copy of the circular said to have been written by Mr. Jackson. Whatever construction had been given by the President or Secretary of State to a particular document; with all deference to their honor and virtue, Mr. Dana said, he could not consent to surrender his own right of construction, of examination and of judgment, nor to prostrate his understanding, however feeble, at the foot of the Executive or any department of the government. Really, if newspaper publications were to be considered as authentic and sufficient for the use of members of this House, why had the House ordered 5000 copies of the documents to be printed for its use, when all the documents appeared in the newspapers before they had been printed and delivered for the use of the House? In point of propriety and respect to the Senate, Mr. D. said he might be at liberty to say that it was fair to presume that that body had the paper before them: he could not permit himself to imagine that they would have acted without it before them; and he hoped that the representatives of the people would also show a sufficient respect for themselves to have it before them when it was the subject of their deliberation.
Mr. Rhea (T.) by several arguments enforced the idea that the government could have no other source of information on this subject than he or any other individual had. The statement made by a gentleman from Massachusetts that variant copies of this document had appeared, was the very reason that he would vote against the resolution; because the executive could not be responsible for the correctness of the copy which it had in its possession. Mr. Smith's letter to Mr. Pinkney did not state the enclosure of a copy of the letter, but of a paper purporting to be a copy of a letter written by Mr. Jackson. The gentleman from Massachusetts had said that he had not seen the letter. Mr. Rhea said he had no objection to have copies of it printed for the use of the House from a copy to be taken from a newspaper, but he would not call upon the President for it, for by so doing they would remove the responsibility for its correctness from the newspaper publications to the Executive authority.
Mr. Alston was of opinion that, being called upon to pronounce a senatus op n on a certain proceeding, they should have all the papers relating to it before them. He asked whether, when the House was called upon to pronounce an opinion and make a decision which might lead to a war, they should not have the same information before them that the President had before him? Mr. M. said he felt every disposition to support the Executive in all proper measures in the execution of his duty; he was ready to meet the question proposed whenever the House had before them the documents on which he had acted. Until they had them, it was impossible that they could make a just decision.
Mr. Newton said he should decidedly vote for the resolution before the House. The vote which he should give did not proceed from any disrespect to the President; the simple reason which would induce him to vote for it was, a desire that when the House came to a discussion of the resolution from the Senate, they should proceed to the merits of it; that no incidental question should be discussed; that no gentleman should have an opportunity of saying that he could not vote for it because the House had refused to call for documents.
Mr. Bibb said that if the mover of the resolution had any other object in view than was expressed on the face of it, it was perfectly immaterial to him and must be so to the House. He should vote for the resolution not because the papers would have any influence on his conduct, but because they were deemed of importance by others whose duty it was as well as his own to endeavour to relieve their country from its embarrassment. It appeared to him that any member had a right to ask of the Executive any public document which he deemed necessary for the government or his conduct in legislative matters. The gentleman from Massachusetts (Mr. Quincy) having declared such to be his situation in regard to the present paper, Mr. B. said he ought to have it.
Mr. W. Alston said that gentlemen spoke of their being called upon to vote on the resolution from the Senate without this paper. If that resolution was not pleasing to them, it was open to amendment. If the friends of the resolution failed to justify it from the want of the paper in question, its opponents could make use of that argument against it. The letter of Mr. Jackson was known to be nearly verbatim with the note delivered by Mr. Smith to Mr. Oakley; and no additional information could be derived from the call, although embarrassment might be created.
Mr. Upham said it was for the very purpose of seeing whether the circular coincided with the note just alluded to, that he wished to see it. W. then refused to do it.
Mr. Eppes said, lest it should be thought, from what had been said by others, that in voting against the resolution he should be desirous of acting without information, he should make a few remarks. This was not an ordinary case in which application ought to be made to a department of the government for information—for what department could say whether the piece to which the British minister's name was subscribed was a genuine paper or not? You know (said Mr. Eppes) to a certainty that the letters have not gone to the Secretary of State by an official channel, but that he possesses the same information as you do and no other. In every case of this kind are you not compelled to act on newspaper information? If in any instance a Legislative body attempts to examine the conduct of a minister appearing from the Executive, to the people, on what must it decide? It is to be expected that his address will be forwarded to the President? No, sir; it is from the Executive the appeal is made, and it will be found in newspapers, pamphlets or some other form circulating among the people. On the present occasion, as to the authenticity of the paper, I for one, without expressing an opinion on the merits of it, have no hesitation in saying that I believe it to be a genuine paper, written by the minister of Great Britain for the purpose of appealing from the constitutional authority to the people of this country. If you apply now to the Secretary of State as proposed, what can he do? He has become possessed of information in the same way with yourself; and in transmitting it to our minister, he does not call a copy of a letter but a paper purporting to be a copy of a letter, &c. Now if this paper had come in any official form to the Secretary of State, it would be proper for Congress to call for it. But of what importance is it to obtain information cut out of a public newspaper? This motion does not affect the enquiry on the resolution from the Senate, which is, whether, from the circumstance of the letter appearing in print and not being denied by the British minister, from a view of all the circumstances, Congress shall think it a proper subject on which to legislate? If they believe that on a paper thus dispersed they cannot act without ascertaining its authenticity, let them summon the printer and take other steps to ascertain it. The appeal is from the government and to them I should last of all look for a copy of it. The letter from Mr. Canning to Mr. Erskine, coming enclosed from our minister at London, I have no objection to call for; but because I have no objection to take that part of the resolution, I cannot swallow the poisonous drug with which it is compounded.
The question was then decided by Yeas and Nays, in the affirmative, 69 to 46.
Messrs. Quincy and Dana were appointed a committee to wait on the President with the resolution.
TUESDAY, Dec. 12.
A letter was received from the Secretary of the Treasury, enclosing a statement of the district tonnage of the U. S.
A report was also received from the Secretary of the Treasury, in obedience to the act for regulating the currency of foreign coins.
COMMITTEE OF MANUFACTURES.
Mr. Sawter called for the consideration of the motion submitted by him for appointing a separate committee of manufactures.
The House agreed to consider the resolution, ayes 68.
Mr. Seybert supported the motion on the ground of the propriety of paying a more particular attention to the subject of manufactures, which had lately become of great importance.
Mr. Newton opposed the motion as unnecessary, because the Committee of Commerce and Manufactures was competent to the performance of all the business assigned it, and had always manifested a disposition to foster the manufactures of the U. States.
The question on the resolution was decided in the negative, 24 members only rising in the affirmative.
Several petitions of a private nature were presented and referred.
EXTRACTS
From the proceedings of the Pennsylvania Legislature.
Mr. Duane presented a petition from Victor Moreau, praying that he may be enabled to hold a certain tract of land near Morrisville; referred to a committee of three, Messrs. Duane, Spry and Dale.
Mr. Leech addressed the speaker and informed him, that the critical situation in which the United States were now placed demanded the attention of the house, and called for an expression of opinion on the measures of the general government, and to declare the unimpaired confidence which the general assembly of Pennsylvania have in the wisdom and patriotism of the executive of the U. S., & therefore begged leave to offer to the consideration of the house, the following preamble and resolutions:

Whereas the general government of the United States, has since the adjournment of the Legislature of Pennsylvania, been engaged in new temperate and sincere efforts to obtain redress for the repeated injuries, and satisfaction for the manifold indignities which have been sustained by our country from some of the parties to the present war in Europe; and whereas in the course of these endeavors, a clear and comprehensive view of the proceedings, situation and prospects of the United States, has been laid before the world; And whereas it is just and necessary to so interesting and extraordinary a state of things, that a firm and determined spirit of union, and of confidence in the general government, should be decidedly and earnestly manifested: Wherefore,
Be it resolved by the senate and house of representatives of the commonwealth of Pennsylvania, That in their opinion the president of the United States, was fully justified in resisting the novel and dangerous doctrine, that foreign governments have a right by treaties, to which we are not parties, or by proclamations, or orders to diminish in any respect, or in any degree the intercourse of the United States, in innocent articles with ports of their enemies not actually blockaded:
Resolved, That the president of the U. States was fully justified in not conceding to the government of Great Britain the retaliating rights of an injured power, either in the war of that country, of 1793, or in the present war, in each of which the present infractions of neutral rights were committed by the British government:
Resolved, That the president of the United States was fully justified in resisting the pretensions of Great Britain to confiscate the ships and cargoes of the United States, in branches of trade in which that government actually and notoriously license its own merchants, and even some unworthy merchants of the U. S.
Resolved, That after such unwarrantable and inadmissible acts of foreign legislation, after the presumptuous imposition of duties on the shipment of innocent articles of our own produce, from the United States, in our own ships to the continent of Europe, after the insidious offering of rewards to our citizens for breaking our laws, we view with satisfaction and approbation, the rejection of these propositions of the British government, whereby we should have been betrayed into the dishonorable condition of refusing to one belligerent what we had held right to confer to the other, and of unconstitutionally using a foreign armed force to compel the execution of our own laws:
Resolved, That we respect the firmness with which the president of the United States has refused to sanction any sacrifice of the personal rights of those who sail under our flag to the municipal doctrines of a foreign country, or to its illegitimate practice of impressment in places beyond its jurisdiction:
Resolved, That the re-admission of British ships of war into our ports before satisfaction for the past and security against future outrages, injuries and indignities, and the repeal of the prohibition of non intercourse with the opposite belligerent were measures so much more favorable than justice to Great Britain demanded, that the rejection without the compensation agreed to by us of the arrangement of the 19th of April last, though concluded by a plenipotentiary minister; and the selection, appointment and language of his successor, are deeply impressive circumstances, and such as in the opinion of this legislature fully justify the president of the United States, in the sentiments and determinations which he has deemed it his duty to adopt and communicate to the national legislature:
Resolved, That the legislature of Pennsylvania foresee with serious sorrow and anxious solicitude the awful issues to which the circumstances of our foreign relations may ultimately lead, and are entirely convinced of the just disposition of the legislative and executive authorities of the United States, and the legislature of Pennsylvania are well assured that they are agreeable to the wishes and determinations of their constituents in freely and firmly pledging itself and all the high & important objects committed to its charge, that it will cordially and energetically support every just and necessary measure, which may be requisite to maintain the inestimable rights and interests, the harmony and union of the states, and the absolute freedom and independence of the U. S. against all foreign interference, intrigues, insults and injuries.
Ordered, That the usual number of copies of the preamble and resolutions, be printed for the use of the members.
We are told, that the collector at New Orleans, (one Brown) has gone off, with about ninety thousand dollars of the public money. Brown, though appointed to office by Mr. Jefferson, is a most violent federalist, or to speak more correctly a tory....Balt. Whig.
Extract of a letter from Gen. Wilkinson, to a gentleman in Charleston, dated New Orleans, Nov. 2, 1809.
Clarke's long promised book has arrived, but indisposition has prevented my perusal of it. I have barely glanced at it, and promise you it shall be answered. This work occupied seven of Burr's co conspirators more than a year, and I require four months more to detect and expose the perjuries, fallacies and forgeries of this vindictive profligate band. I will not leave a letter to cover his deformities, but will offer him to the public a spectacle of horror and detestation—How this man and his adherents are sunk below the contempt of every man of character and honor! In the mean time, let not my services, nor the good old maxim, "audi uteram partem," be forgotten.".....City Gazette.
Rome, August 20—The Senator, Lucien Bonaparte, has resided in his elegant country seat called Rusinella, near Fescati, since the beginning of the month. It is built near the ruins of the ancient Tusculum. They have dug up out of a ditch there, a quantity of arms, of vases, a quantity of human bones, and the shaft of a statue, the head and arms of which have been found at a short distance therefrom. The shaft bears the name of a consul. The senator, Lucien, has been so charmed with the things found, that he gave 50 crowns to each workman. They have since dug up another which is that of a matron.
IN CHANCERY.—In Chesterfield County Court, November 15th, 1809. Thomas Smith, Plaintiff, vs. Stephen Eiam and Judith Bass, Defendants.
This day came the plaintiff by James Robertson, Esquire, his attorney, and it appearing to the satisfaction of the court, that the defendant Eiam is not an inhabitant of this commonwealth, It is ordered, that the said Eiam do enter his appearance in this suit on or before the second Monday in January next and give security for performing such decree as the court may hereafter make in the premises: It is further ordered, that the defendant Bass, out of the effects in her hands belonging to the defendant Eiam, do retain sufficient to satisfy to the plaintiff the sum of £9 6s 9d with six per cent interest therefor from the 8th day of January 1807, until paid, and 59 83 3/4 costs, and also the costs of this suit; and that a copy of this order be published in s. a. newspaper in the city of Richmond for two months successively, and at the front door of the court house of this county.
A Copy. Teste. J. P. POINDEXTER, D. C. December 16, 1809.
The Enquirer.
RICHMOND, DECEMBER 16, 1809.
Mark our good friends the British!
Extract of a letter to a mercantile House in this City, from their correspondent in London, dated Oct. 31st. received by the Woodrop Sims, arrived at Norfolk with London dates to the 5th Nov.
"The Board of trade are, it is said, about to issue an order to prevent American ships from bringing the produce of the U. States from Neutral ports to this country; that is to say, such produce must be brought to Great Britain or Ireland in British ships—but they will permit the vessel, which brought the cargo from America, to proceed with it to Britain direct; thus offering a lure to those Americans, who choose to break the laws of their country."
[FOR THE ENQUIRER]
No. III.
Thoughts on the necessity of a change in the laws relating to the Court of Appeals.
It was attempted to be shewn, in the last number, that much of the inconvenience and delay which is experienced in the Court of Appeals at present, proceeds from its having so few judges. So far as the influence of this cause extends, it will of course be remedied by adding to the members who compose the Court. This step it is believed will infuse new vigor into this tribunal and give additional energy and dispatch to its proceedings.
But though the increase of the judges will do a great deal, towards effecting the dispatch of business, it will require other legislative provisions, to come in aid of this important provision, & to effectuate the desired reform. The jurisdiction of the court is too extended & embraces cases which ought not to come within it. The arbitrary right of appeal allows persons to bring before the court causes in which there is no difficulty, and when their turn comes on the docket, are despatched without hesitation.
The long existence in this state of this right of appeal, seems in the eyes of some to have attached some degree of sanctity to it. And yet when examined, it has few claims either on justice or policy. It would seem difficult to assign a reason why a man who has established the justness of his demand before one of the tribunals of his country, should be compelled to wait for many years, because his adversary chooses, either for the sake of retaining the use of another's property, or perhaps to gratify a litigious, or vindictive spirit, to carry him before an appellate tribunal. In such a case, the person against whom a decision of an inferior court has been given, ought before he is indulged with a new examination, at least to show some probable ground to conclude that the judgment against him was illegal or unjust. The cases in which this right of appeal will sometimes be exercised, may present circumstances of the greatest possible hardship and oppression to the person having the judgment appealed from.
He who has obtained a judgment for property, in the inferior court, may be in want not only of the comforts, but the necessaries of life, and yet his opponent who, perhaps with ill gotten wealth, is rioting in every luxury, will protract the state of wretchedness, of which he is the cause, by suspending the claim for many years longer in an appellate court. Slight and trivial will be the atonement to an innocent sufferer, after he has pined out years of penury and wretchedness, and when perhaps he can no longer enjoy the gifts of fortune, that he shall at last be able to come at his rights. And it may very possibly happen, that this great delay in obtaining a decision in the court of the last resort, will reduce the debtor to a situation, which will endanger the debt itself. Nor is this arbitrary right of appeal more consistent with policy, than it is with justice where a debt is claimed of an individual, and a suit is instituted for its recovery, it is generally better for the defendant to know his fate at once. He will then make arrangements adapted to his actual situation, he will provide funds if he can, to meet what he is to pay, and he will live with economy until he gets clear from incumbrance. But he who appeals even upon very slight grounds, is very apt to flatter himself that he will succeed; and instead of preparing to meet the storm which threatens him, he is too apt to pursue his usual mode of life, relying on his chance of escaping by the decision of the appellate court. The consequence is, that when the judgment comes to be affirmed, and its recovery enforced, that by the addition of fees, costs and damages, it will greatly exceed the sum originally due, and cannot be discharged without immense sacrifices. How many fortunes have we seen in this country, sunk in efforts to procrastinate just debts; and amongst the most destructive modes of procrastination, this indiscriminate exercise of the power of appeal, has always stood pre eminent.
It would seem therefore more intrinsically just, more for the interest of both debtor and creditor, that the power of carrying a suit to an appellate court, should be confined to cases where there is probable ground to believe, that the inferior court has done wrong. Instead of an indiscriminate right of appeal, let no case be removed to the court of appeals but by writ of error, or supersedeas, and in chancery cases by an appeal in nature of a writ of error, either of which modes of carrying the cause to the Court of Appeals, shall be on petition to a judge in vacation, or to the court in session. This would have a tendency greatly to a bridge the business of the Court of Appeals, and that court would be confined as it ought to be, to the decision of causes involving difficult questions, and important principles.
The Court of Appeals have already decided a great number of causes, involving most important principles: these are promulgated to the world. Every day we have new cases published, and there is reason to believe, that in a few years we shall have a body of domestic decisions, involving the most important principles which are applicable to our situation, and on which questions of property, may depend.
This will render it much easier for the judges, when applications are made to them for writs of error, or supersedeas, or appeals, to say at once whether they shall be granted. They will have nothing to do, but to advert to analogous principles, which will have been decided in the court, and there will generally decide the propriety of granting or rejecting the application. Whenever the cases appear doubtful, the judges will allow
the writ of error, or appeal, so that it may come on to be solemnly argued. This will place the court in the situation it ought really to be. Not engaged in deciding questions of mere fact, matters of account, which could better be settled in a different mode, but employed in fixing rules of property, in establishing the true construction of the acts of our legislature, and giving uniformity and consistency to the administration of the justice of the country.
If it be objected that the court may sometimes refuse redress to persons who are really entitled to it; it may deny their interposition in cases where it is dictated by justice and propriety. The answer to this is, that the court of appeals must at least decide whether error exists in the judgment of the inferior court. Why not therefore confide to that court, or to the judges of it? In the first instance, what must ultimately be submitted to its judgment? It may also be contended, that the great extent of the state may make it inconvenient to the people, to apply to the judges for writs of error, supersedeas, or appeals.
The addition to the number of judges will diminish the weight of this objection. But besides, it is known that as applications are made on the record, and no new evidence can be introduced, such records, can without difficulty be transmitted to the judges.
The facilities of intercourse in this country will render this easy. And in order to prevent inconvenience to the parties by the emanation of an execution, the law may provide that where a person shall intend to apply to the court of appeals, or one of the judges of that court for an appeal, writ of error, or supersedeas, the judge, or court whose sentence is appealed from, upon a petition being filed, stating such intention, may allow a reasonable time to be fixed on in the law, for the application, the petitioner filing at the time a bond and security for prosecuting such appeal, writ of error or supersedeas, if allowed, with effect, which bond ought to be declared to be as valid as if taken after an appeal, writ of error or supersedeas actually allowed.
If the change here suggested, takes place, it is believed that the business of the Court of Appeals, will be essentially diminished, without impairing or injuring the rights or interests of any portion of the country. The business now before the court will gradually be reduced, in a few years it will be in the power of the judges within a reasonable time, after a cause gets into the court to decide it. But if the abolition of the right of appeal, should be deemed inadmissible, the only chance of reconciling a possibility of managing the business of the Court of Appeals, with the exercise of that right, will be by imposing considerable restrictions on it, which do not exist at present. What some of these restrictions are, I will endeavor to point out hereafter; but in doing so, I do not mean to relinquish the opinion, that a more effectual and certain remedy would be found, in what has been already suggested.
We kept open our paper last night, to let in the following intelligence, by the Norfolk Mail:
NORFOLK, Dec. 13, 1809.
The arrival of the fast sailing ship Woodrop Sims, Capt. Haynes in 30 days from London, has put in the possession of the Editor of the Herald papers to the fourth of November. Their contents do not possess that interest which we had anticipated, being chiefly composed of strictures on the administration, conjectures as to the stipulations of the treaty between France and Austria, and anathemas against the proprietors of Covent Garden Theatre, who, it appears, have not been able to put down the powerful opposition raised against them, in consequence of the enhancement of prices of admittance into the Theatre. The Jubilee, in commemoration of the King's having attained the 50th year of his reign, was observed with much pomp and splendor—but whether this Jubilee was dictated by a spirit of loyalty, for having involved them in the calamities of war, during the greater part of his reign; or whether it was to divert the attention of his subjects from the cloud which hangs over her destinies, we are unable to say. But if we believe the anti-ministerial papers, (the only kind we have received) distress and penury on the one side, arising from her efforts on the continent being completely thwarted by Bonaparte; and on the other, distrust in the ministry and their adherents combined together, must eventually produce something of no ordinary nature. The accounts from Spain represent faint dawnings of hope in some of the papers, whilst others dispel the phantom by saying that Lord Wellesley had an interview with Lord Castlereagh on the expediency of embarking the troops at Lisbon for England.
Gottenburg mails reported, that Mr. Adams, instead of proceeding to the Court of St. Petersburg, went, in the first instance, on a diplomatic mission to Copenhagen. The papers are silent upon Swedish, Russian, Turkish, or our own affairs. In fact, we have seldom seen papers exhibit such meagre and chequered appearances. Notwithstanding their barrenness we have made a few selections....Herald.
Accounts were received in London on the 5th of November, that Talleyrand was dead.
The passengers in the Woodrop Sims, & letters by her, state that an immense number of vessels from France and Holland had arrived in England in October, with products of those countries, particularly wheat from the former, and were loading with colonial, American, and British goods. These were some Dutch and French under Papenbrock colours, with some under their own colours and Americans. These vessels returned to France and Holland, and the insurance on them, taking the risk of seizure in port was only seven per cent. Here we see the folly of commercial restrictions, when opposed to the wants and habits of nations. Late letters from England say, that a vessel from Virginia carried into France, regularly cleared for Tonning had been released, the captors paying costs....Ledger.
LONDON, October 31—Nov. 4.
We yesterday stated that Peace between France and Austria was no longer doubtful. A further confirmation has been received in the Monitor of the 21st inst. which contains the following passage:
"PARIS, October 20.—Peace between his majesty the emperor of the French, and his majesty the emperor of Austria, was signed on the 14th of this month."
Of the insanity of Napoleon we hear nothing further than the half willing, half reluctant prints of this metropolis, which still cling to that feeble hope as a shield against
the imminent contest with which this devoted country is threatened.
LIST OF NEW MINISTERS.
Lord Liverpool is to succeed Lord Castlereagh as Secretary of State for War and Colonies; Mr. Ryder is to be Secretary of State for the Home Department, in the room of Lord Liverpool; and Mr. Charles Mansers, son to the Archbishop of Canterbury, succeeds Mr. Ryder as Judge Advocate. The Cabinet will therefore now consist of the following members—Mr. Perceval, Lord Eldon, Lord Liverpool, Lord Bathurst, Mr. Ryder, Lord Camden, Lord Westmoreland, Lord Harrowby, Mr. Dundas, Lord Mulgrave, and Lord Chatham.
A brighter galaxy than the above, never, we believe, appeared in the political heavens, to command the adoration of mankind; if savages and idiots were the only worshippers.—Surely this is not to be borne.—Lord Chatham!—How has he got over the Walcheren expedition? that expedition, the ruin of the English army and the disgrace of the British name.
Death of the Duke of Portland.
The dissolution of this nobleman, which had been daily expected for some weeks, has at length taken place. His Grace, from the excess of his sufferings was induced to have the operation for the stone performed yesterday afternoon. A large stone was in consequence extracted, and every thing appeared to be going on well, when, unfortunately, about 5 o'clock, an epileptic fit came on, and, after a faint struggle, his Grace expired.
Dispatches were yesterday received from Lord Wellesley. They are of the date of the 16th ult. at which time his Lordship was making preparations for his immediate return to England. Second thoughts are said to be best, and it is therefore not improbable that his Lordship, on reflection, might have found out, that he was rather precipitate in rejecting (as it was generally supposed he did) overtures from Administration. Whatever the motives of his return are, it is certain that he comes home to listen at least to the proposals of Ministers, if not to join them in the Government.
It is supposed that Lord Wellesley will proceed, in the first instance, from Seville to Lisbon, for the purpose of conferring with Lord Wellington on the situation of affairs in the Peninsula, and the state of the British army.
PRICE OF FLOUR, Nov. 4. Fine F. u. 90s a 95s. Seconds, 85s. a 90s.
STRASBURGH, October 13.—We yesterday received the happy tidings of the treaty of peace having been signed, and the following letter was published:
Letter from His Majesty the Emperor, to the General of Division, Desbureaux.
"General Desbureaux.—Bring it to the knowledge of the Empress, by means of the telegraph, that peace was signed on the 14th inst. at 9 o'clock, by M. de Champagny and Prince Lichsteinstein; make the same known to your division, and to the inhabitants of my good city of Strasbourg! I pray to God that he may take you into his holy keeping. (Signed) "NAPOLEON."
"This is a true copy." (Signed) "DESBUREAUX."
We understand, that the Emperor was to take his departure from Vienna on the 15th inst. in the evening.
PARIS, October 20.—The intelligence of the conclusion of peace with Austria having reached Versailles on the 18th at night, the whole town was illuminated. It was announced here this morning by a discharge of 100 pieces of cannon, and last night published at all the theatres.
LISBON, October 29.—On the 19th inst. a fleet of transports arrived from England, with artillery, ammunition and clothing, and about 1,600 troops to join the broken regiments.
Lord Wellington is still here, but we are in daily expectation of his setting out to join the army.
A new night since, one of the Russian line of battle ships (a 74) that remained here on account of her not being able to proceed to England with the others, took fire. After she parted from her moorings, she floated for some distance down the river, and excited considerable alarm for the safety of the shipping; she was, however, towed on shore and burnt without doing any damage. The people who were on board were all got out, & we have not heard of any lives being lost.
The scene exhibited by the flames rushing out of the port-holes, and the three columns of fire extending to the top of her masts, was grand beyond all description. Several of her guns were loaded with powder, and went off as the fire reached them.
TRUXILLO, Oct. 15.—Soult is at Talavera de la Reyna with 6000 men, & 4000 more are distributed between Valdeverda and the bridge of Arzobispo, which serve as a corps of observation.
The French in Madrid continue to send to Bayonne the principal persons of character, who have any influence with the people.
On the 19th, King Joseph left Madrid for Toledo, with all the French garrison, having left in the capital only two regiments of renegado Spaniards, and a small force. How shameful that Europe should know that the capital of Spain is guarded by Spaniards themselves, in the pay of the tyrant!
MALAGA, Oct. 5.—General Blake, who, with 13,000 men, was at Olot, distant about five or six leagues from Gerona, proposed to attack the enemy, or to fortify himself in that place should they prove greatly superior in force.
The army of La Mancha, which certainly is the most numerous, amounts to from 50 to 70,000 men, and its positions are the same as have been before stated. The army of Estremadura, reduced to 10,000 men, by detachments to reinforce those of La Mancha and Castile, is in Truxillo and its vicinity, and its advanced guards approach the Tagus.
The English army, which, whether it has changed its position we are not certain, consists of from 30 to 40,000 men, and its advanced guards, are near the before mentioned river. The Duke of Parque, with 12,000 men, having joined Señor Mendizabal, whose army amounts to 30,000 men, is between Salamanca and Ciudad Rodrigo.
Thus, if we observe the position of our armies it will appear that they surround and inclose those of the enemy, which, united in the centre of Spain, are rather reduced to act defensively, than capable of any offensive operation.
It is said that all the troops of Catalonia, regulars and Volunteers, in number 40,000 men, are divided into four divisions, whose
military operations are directed by his Excellency Gen. Blake.
LONDON, Nov. 5.
A week has very seldom passed more barren of intelligence. Bonaparte, however, has arrived in the immediate neighborhood of Paris, and the next arrival of French papers will, doubtless, bring matter of some interest. In the mean time, the following are the only conditions of the treaty which are in any degree known, and, perhaps, it is saying too much, when we state even these as certain. The reports, however, on this head, are certainly not improbable, and being repeated from so many quarters, have something of the air of truth.
The cession of Galicia. The cession of Riume, Trieste and Istria, which are to be joined to the kingdom of Italy. Riume and Trieste (other accounts state) are merely to be possessed in common by the French and Austrians, until the restoration of peace with England. Bavaria obtains an extent of territory as far as Lintz.
The grand duc of Wurzburg is to be the sovereign of the Tyrol and Salzburg. Bavaria is to be indemnified by a part of the Wurzburg territory.
It is also said that the frontiers of the Duchy of Warsaw will be extended to the San.
We are inclined to believe, however, that the cessions of Austria have not stopped here. Russia has certainly interposed her weight and influence, to prevent the extinction of the house of Lorraine—but France has accomplished as much as necessary to her own security, when she has thus reduced the emperor of Austria into a condition but little superior to that of the king of Prussia.
According to the detached articles in the French papers, the war of Spain, if so it may be called, gives very little trouble or concern to Bonaparte, or his ministers. Within a few weeks we shall most probably have Lord Wellington in England, and such will be the profit and issue of this flourish and expensive business. Surely, Lord Wellington and his brother may hereafter be considered as tried men. This Spanish campaign, and the Spanish mission were wholly their own—they undertook it, and were responsible for it; yet such is one of the men who is now invited to become the head of the new administration. Government, we suppose, have occasionally their Lassa Navarra—bodies with the heads where the tails should be.
FEMALE SCHOOL.—Frances T. Hughes will open her School for the reception of Young Ladies, on the second Monday in January next, in the house lately occupied by Mr. Thomas Nicholson three doors east from the Bank, in which she will teach the following branches of education: Reading, Writing, Arithmetic, English Grammar and Geography—Terms of tuition, for teaching Grammar or Arithmetic £8 per annum—those who may learn the other branches £6 per annum—Boarders will be received at £45 per annum including tuition, finding their own bedding—an extra charge of £3 will be made to those whom she may furnish with bedding—payment to be made quarterly in advance—No scholar will be received for a shorter term than six months—nor boarder less than a year. Needle work will be taught to those who wish it.—From liberal public she hopes to meet with encouragement correspondent to her exertions. Richmond, December 16. 2w 4t
FEMALE EDUCATION, will be continued at Monticello the ensuing year, under the direction of Miss Terrell; who will teach reading, writing, arithmetic, drawing, grammar and geography. The School will be opened the 15th of January. Terms—for board & Tuition (each finding her own bedding and candles) $100 per annum, paid quarterly in advance. The most satisfactory testimonials of Miss Terrell's qualifications as a Teacher of the above branches of Education may be seen below. Particular attention will be paid to the morals and manners of Pupils placed at this School. It may be proper to add, too, that they have before them an example of domestic economy, and steady industry in the boarding apartment. HUMPHREY HILL. Caroline, Dec. 16. 1809. 3w
CAROLINE, Dec. 24. 1809.
WE the subscribers have this day attended an examination of the Female School, at Mr. Humphrey Hill's, under the tuition of Miss Matilda Terrell; we have paid particular attention to the progress and attainments of the pupils, in Reading, Writing, Drawing, Grammar and Geography, and with pleasure we profess that we have received impressions highly favorable towards Miss Terrell, in her official capacity. At the same time from our acquaintance with the family of Mr. Hill, we cannot hesitate to say, that a gentle and favorable situation here offers itself to the public patronage; in a word, such a one as we, in the case of boarding out daughters, should deem every way eligible. PETER NELSON AND W. BROADHUS.
A request of Mr. Robert Turner, we shall proceed positively to sell on the 6th of January next, at 11 o'clock A. M. on the premises, for ready money, to raise in the first place, about $1200 to discharge a deed of trust held by Mr. Daniel Couch on the property, and the residue for other purposes; all the HOUSES & LOTS late the property of Daniel Couch, situated on the cross street leading from the Bell Tavern to Mayo's bridge, now occupied by Andrew Hetherington, Samuel Bell and others—The Houses and Lots will be sold separate, that is, a tenement at a time. PROSSER & MONCURE, Aucrs. Richmond, December 16. tds
MOSES DAVIS has just opened a complete assortment of GROCERIES, of the very best quality, opposite S. White's new Wagon Yard—which he will dispose of on very reasonable terms, for Cash or good Leaf Tobacco. December 16. w3w
NOTICE.—The Copartnership of Fitz Gerald and Vaughan will dissolve by mutual consent on the 31st day of December ensuing—All persons having claims are desired to call for payment, and those indebted by bond, note or open account, are most earnestly solicited to discharge the same, as circumstances render it absolutely and indispensably necessary that all the transactions of the concern be liquidated with as little delay as possible.
Those persons yet indebted to the old concern of Henderson and Fitzgerald, are also desired to discharge their respective balances immediately, as longer indulgence cannot be given. JAMES HENDERSON, ROBERT FITZGERALD, ASA VAUGHAN.
Nottoway County, Nov. 28, (Dec. 16,) 1809.
THE Subscriber offers for sale the PLANTATION whereon he now resides, near Nottoway courthouse, containing 306 acres, on which are good improvements of almost every kind in excellent order.
Also, 300 acres, by an old survey, on the waters of Little Nottoway river, about 8 or 10 miles from the courthouse, one half of which is uncleared and covered with excellent timber of almost every description, and the plantation in good order for cropping. ROBERT FITZGERALD. December 16. w6w