The enquirer (Richmond, Va.), 1804-05-26 00:00:00

THE ENQUIRER.
Richmond, (Virginia) Published by RITCHIE & WORSLEY, opposite the Post-Office....At FOUR DOLLARS per annum, payable in advance.
NUMBER 6.]
SATURDAY MORNING, MAY 26, 1804.
[VOLUME 1.]
TERMS OF THE ENQUIRER.
 1. The ENQUIRER will appear twice a week. During the session of Congress and the Virginia Legislature, either a third paper or a supplementary half-sheet, during the week.  2. Terms of payment, will be FOUR DOLLARS per annum; the whole to be paid at the time of subscribing.  3. ADVERTISEMENTS from those who do not subscribe to the paper, should they not exceed a square in length, shall be inserted for seventy-five cents the first time, fifty cents for each time during three weeks, and for every additional insertion, thirty-three cents for every additional insertion.  4. SUBSCRIBERS shall have their advertisements inserted for fifty cents the first time, and thirty-three cents for every additional insertion. 
BY AUTHORITY.
[LAWS OF THE UNITED STATES.]
AN ACT Relating to the recording, registering and enrolling of ships or vessels in the district of Orleans.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any ship or vessel possessed of and sailing under a Spanish or French register, and belonging, on the twentieth day of December, one thousand eight hundred and three, between the United States and the French republic, or to any person or persons being, on the said thirtieth day of April an inhabitant of the said ceded territories, and who continue to reside therein, and of which the master is a citizen of the United States, or an inhabitant as aforesaid, may be registered, enrolled and licensed in the manner prescribed by law; and being so registered, enrolled or licensed, shall be denominated and deemed a ship or vessel of the United States, and entitled to the benefits granted by any law of the United States to ships or vessels thereof; Provided, That it shall be lawful for the collector to whom application shall be made for a certificate of registry, enrolment or license for such ship or vessel by any citizen or inhabitant as aforesaid, to make such variations in the form of the oaths, certificates, and licenses, as shall render them applicable to the case herein intended to be provided for: And provided also, that every such inhabitant applying as aforesaid, shall, prior to his being entitled to receive such certificate of registry, enrolment, or license, deposit with the collector, the register and other papers under which such ship or vessel had been navigated; & also take and subscribe, before the collector (who is hereby authorised to administer the same) the following oath: I, A. B. do swear (or affirm) that I will be faithful and bear true allegiance to the United States of America, and that I do entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state or sovereignty, whatever, and particularly to the king of Spain and the French republic.
Sec. 2. And be it further enacted, That the inhabitants of the said ceded territory who were residents thereof on the thirtieth day of April, one thousand eight hundred and three, and who shall take the oath aforesaid, and who continue to reside therein, or citizens of the United States residents of said ceded territory, shall be entitled to all the benefits and privileges of owning ships or vessels of the United States, to all intents and purposes, as if they were resident citizens of the United States.
NATHL. MACON, Speaker of the House of Representatives. JOHN BROWN, President of the Senate pro tempore. February 25, 1804 APPROVED, TH: JEFFERSON.
AN ACT
For the relief of the heirs of John Habersham. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper accounting officers of the treasury, in settling the accounts of John Habersham, late collector of the port of Savannah, be authorised to allow a charge of one thousand one hundred and eleven dollars
and sixteen cents, being the balance of the additional duty of ten per cent, on goods, wares and merchandise imported in foreign ships, but which in the commencement of the execution of the law of one thousand seven hundred and ninety, for the collection of duties on imports and tonnage, was not duly collected by him, owing to the distance which deprived him of early instructions from the treasury department: and also the further sum of one thousand dollars being the amount of a draft of Edward Price, factor of the United States for establishing trade with the Creek Indians, for supplies advanced to the said factor, which has not heretofore been credited on his account.
NATHL. MACON, Speaker of the House of Representatives. JESSE FRANKLIN, President of the Senate pro tempore. March 26, 1804. APPROVED, TH: JEFFERSON.
AN ACT
To authorise the adjournment of district courts by marshals, in certain cases. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in case of the inability of the judge of any district court to attend on the day appointed for holding a special or an adjourned district court, such court may, by virtue of a written order from the judge thereof, directed to the marshal of the district, be adjourned by the marshal to the next stated term of said court, or to such day prior thereto, as in the said order shall be appointed.
NATHL. MACON, Speaker of the House of Representatives. JESSE FRANKLIN, President of the Senate pro tempore. March 26, 1804. APPROVED, TH: JEFFERSON.
AN ACT
To amend the act, intitled "An act concerning the registering and recording of ships and vessels." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no ship or vessel shall be entitled to be registered as a ship or vessel of the United States, or if registered, to the benefits thereof, if owned in whole or in part by any person naturalized in the United States, and residing for more than one year in the country from which he originated, or for more than two years in any other foreign country, unless such person be in the capacity of a consul or other public agent of the United States. Provided, That nothing herein contained shall be construed to prevent the registering anew of any ship or vessel before registered, in case of a bona fide sale thereof to any citizen or citizens resident in the United States: And provided also, That satisfactory proof of the citizenship of the person on whose account a vessel may be purchased, shall be first exhibited to the collector before a new register shall be granted for such vessel.
Sec. 2. And be it further enacted, That the proviso in the act, intitled "An act in addition to an act, intitled "An act concerning the registering and recording of ships and vessels," passed the twenty-seventh of June, one thousand seven hundred and ninety-seven, shall be taken and deemed to extend to the executors or administrators of the owner or owners of vessels in the said proviso described.
NATHL. MACON, Speaker of the House of Representatives. JESSE FRANKLIN, President of the Senate pro tempore. March 27, 1804. APPROVED, TH: JEFFERSON.
AN ACT
To repeal a part of the act, intitled "An act supplementary to the act concerning Consuls and Vice-Consuls, and for the further protection of American Seamen." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the ninth section of the act, intitled "An act supplementary to the act concerning consuls and vice consuls and for the further protection of American seamen," passed the twenty-eighth of February, one thousand eight hundred and three, be, and the same is hereby repealed.
Sec. 2. And be it further enacted, That all powers of attorney for the transfer of any stock of the United States, or for the receipt of interest therein executed in a foreign country, since the thirtieth day of June one thousand eight hundred and three, according to forms in use at the Treasury of the United States prior to the said thirtieth day of June one thousand eight hundred and three, shall be valid to all intents and purposes; any provision in the aforesaid section hereby repealed to the contrary notwithstanding.
NATHL. MACON, Speaker of the House of Representatives. JESSE FRANKLIN, President of the Senate pro tempore. March 27, 1804. APPROVED, TH: JEFFERSON.
Foreign Intelligence.
GENERAL MOREAU.
This young hero has lately been brought before the public, in consequence of his supposed friendship and connection with Pichegru. Considering his setting out in life, it is difficult to say whether his rise or his fall, had the suspicions of his fidelity been well founded, would have been most surprising.
He was born at Morlaix, Basse Bretagne . His father was a man of great respectability, and on account of his integrity, disinterestedness, and various private virtues, was commonly called the father of the poor. On the breaking out of the revolution, such was the general confidence in his honesty, that he was elected by the gentry and nobility of Morlaix and its neighbourhood, principally those who proposed to emigrate, as the properest person to be entrusted with the management of their affairs. The great number of their commissions and deposits which he received on this occasion from the nobles and emigrants, contributed not a little to bring him afterwards to the guillotine, under the government of Robespierre. He was put to death at Brest; and eye-witnesses declare, that the people present at his execution, shed torrents of tears, exclaiming several times, "They are taking our best father away from us!"—Such a worthy father could not be disappointed in the liberal education which he gave his son, on account of the excellent example which he constantly set before him.
Young Moreau had from his early youth a strong propension for a military life, and at the age of 18, he enlisted himself as a soldier. His father however, who considered his conduct as the effect of imprudence, bought his conge , and sent him back to resume his studies. Whether the study of law was an unpleasant task to him, or whether his propensity for arms got the better of every other inclination, it is certain that he soon enlisted again. His father, hurt at this second act of rashness, with a view that he might feel the hardships of the life he had chosen, suffered him to serve as a private during four months or thereabouts, after which he was prevailed upon by his friends, not to let the young man continue any longer in that low condition, as it would occasion him to lose the benefit of his early education. Before the revolution, a man who was not of the cast of the Noblesse , had little hope of advancement in the army, whatever might have been his conduct or merit. Moreau was therefore, almost in spite of himself, compelled again to return to the dry study of the law, and to follow the profession of his father, who was, we have already noticed, an eminent lawyer.
When the revolution broke out, Moreau was Prévôt de Droit at Rennes, a mark of superiority among students in law. In that office he acquitted himself to the complete satisfaction of his fellow students. It is said that when M. le Chevalier de Bremieres brought the Edits of May 1788, to the Parliament of Rennes, to be registered, Moreau, then a supporter of the privileged order, against the court, went to the Literary Chamber, and offered the students together with a great number of other young people, to the Parliament, as volunteers to support it against the measures of the Court. Observing however, the stubbornness and want of principle among the privileged orders, he soon relinquished his concern for their interest, and espoused the party of the people.
In the month of October, 1788, the states of Brittany assembled at Rennes; but the Tiers Etat were then not willing to sit with two other orders, composed of nobles and priests. The latter, therefore, summoned the Indicats of all the corporations to appear among them, but were constantly opposed—and the summons instead of quieting increased the dissatisfaction of the people against the two orders. At length with a view to force them to put an end to their sitings, the people assembled on the place called Le Champ Manoeuvrable , and at the same time about twelve hundred young men of Nantes, zealous supporters of the new order of things, arrived armed at Rennes. The city magistrates were unwilling at first to let them enter the city—upon further consideration, however, they received them as lodged them in the bourgeoisie. These young men lost no time in joining the people, who continued assembled on the Champ de Manoeuvrable , and who were preparing to besiege the hall of the states.
In these circumstances, the states sent out a deputation to request the people to send delegates into the hall to examine the register of the deliberations, and to make their report to the people. Young Moreau, who enjoyed not only the confidence of the people of Rennes, but that of the young men of Nantes, was sent with three others into the hall, where the states were sitting. He there conducted himself with so much ability, that the result of this conference was the complete triumph of the people. It was agreed on both sides, that the states should dissolve, and that the young men of Nantes should return home peaceably. Such was his moderation on this occasion, that even the most inveterate enemies to the popular cause bestowed on him the greatest praises.
From that time his reputation daily increased; and upon the formation of the national guards in 1789, he was made colonel of the battalions. This honorable situation furnished Moreau with the opportunity of indulging his inclination for a military life. He accordingly soon abandoned the dry and tedious study of the law, and applied himself to military affairs and tactics, with such steadiness, that in less than three months he was perfectly master of the command which had been entrusted to him. Expert military men have assured the writer, that Moreau became so great a proficient in his new study, that he was better acquainted with the management of a battalion, and knew better how to execute all the evolutions and manœuvres than many old officers.
Such, at that time was the purification of Moreau, of his capacity for military affairs, that he was heard several times to exclaim, "I shall soon become a general in the army!" He indeed labored so successfully to attain his object, that his skillfulness and courage were not long unnoticed, especially when serving under Pichegru.
Moreau was not disappointed in his expectations; for in June, 1794, he was promoted to the rank of general in chief, and conducted the siege of Ypres, which he took in twelve days after the opening of the trenches. The garrison consisting of 6000 men, were made prisoners; and 100 pieces of cannon and 29 standards were taken. This event occurred on the 29th Prairal, 2d year. (17th June, 1794.)
In the following August he took Fort L'Escluse, containing 152 pieces of artillery. If, however, this young general distinguished himself in a striking manner in all the different commands with which he was entrusted, in 1794 and 1795, the campaign of 1796 was destined to eclipse all his other achievements. In June he commanded three columns of the army of the Rhine and Moselle: with one of these he attacked the fort of Kehl, which soon after surrendered; with the second he crossed the Rhine at Wiltzenau; and with the third at Selt.
On the 28th of June the great battle of Kienchen was fought; in which general Moreau, after having joined his cavalry & artillery, forced the Austrians to retreat in great disorder, with the loss of twelve hundred men prisoners, ten pieces of cannon, all their artillery, &c. The field of battle was covered with the slain.
July 5th, another general engagement took place between general Moreau and the archduke Charles, when the Austrians were again completely defeated. From this victory he flew to a third, equally glorious, and more profitable to the French republic. Upon the Upper Rhine he forced the Duke of Württemberg to solicit a suspension of arms, on conditions which were at once honorable and useful to the republic—and while the army of the Sambre and the Meuse were retreating under Jourdan, that of the Rhine and Moselle, under Moreau, were pursuing its victorious career, even to the gates of Ratisbon, thus shaking the German empire to its centre.
It would occupy too much space in this volume, to give a detail of all those military operations in this campaign, which contribute to crown the brow of Moreau with unfading laurels. The most glorious epoch of his military history was his masterly retreat out of Bavaria, which, in the judgment of his most inveterate enemies, and of all military men, was far more honourable to his talents, than any victories which he gained. Like Turenne, Moreau served the interests of his country, more by that retreat than by the most dazzling conquest: and if we account Turenne a consummate general, rather for his having kept in check superior bodies of the enemy, by his well-concerted marches and counter-marches, than for any splendid victories obtained by him, we should in like manner attribute to Moreau the character of a great general, for his memorable retreat of 1796.
About the middle of September, affairs began to take an unfavorable turn; and Moreau, till now victorious, was forced to quit his position on the west bank of the Yser. He was pursued by the Austrian general Latour, and on the 29th, the enemy having made themselves masters of the highest part of the mountains of the Black Forest, and of the rivulets, which running westward to the Rhine, form the only passes whereby an army can descend from these mountains to the Brisgau; Moreau had no other alternative than either to attack the Austrians, in order to obtain the Val d'Enfer, which descend into the Brisgau by the town of Fribourg, or to make his retreat by the territory of Switzerland. Finding himself closely pursued by Latour, Moreau attacked him, but was repulsed with great loss, while, on the other side, the Austrian general Petrasch, posted between the sources of the Neckar and of the Danube, incessantly harassed the rear of the French. At this critical moment it was reported and believed that general Moreau was completely surrounded by the Austrians—that his army in consequence could not escape—that they must capitulate—that no possible art for exertion could prevent their total defeat—and that not one of his soldiers would ever reach France to bring the news of the misfortune.
Europe, however, soon witnessed the inexhaustible means and resources which are in the power of a truly great general.
Early on the second of October the left wing of the army crossed the Danube at Reidingen, and repulsing it at Munderkingen, turned and defeated the corps which general Latour had posted betwixt the Danube and the river.—The Austrians then attacked him in front, and after an action of six hours, maintained with great obstinacy, forced Latour to abandon his ground and retire behind the Rothamback. Thus retreating army, by the unexpected audacity of its general, took more than 2000 of its pursuers prisoners, together with 20 pieces of cannon.
General Moreau having thus far succeeded in his design, recommenced his march by the route of Stockach, and on the 18th of October reached Fribourg, and established his head quarters at Furg.
This retreat will always be a memorable epoch in the annals of the republic and the name of Moreau will stand conspicuous among the Bonapartes, the Turennes, the Marlboroughs, the Eugenes, the Villars, the Fredericks, and others, the most celebrated of modern generals.
We shall finish this article by recounting an anecdote, which does no less honor to the character of Moreau, than his valorous military exploits achieved within the compass of so short a period.
His unfortunate and virtuous father, before he was guillotined, made a will, in which he advised, with paternal affection, that his son should marry a lady whom he named to him. Moreau, alike the dutiful son and able general, quitted the army as soon as its duties would permit, came to Morlaix, shed tears upon the grave of his father, and married the amiable lady who had been recommended in his father's will: Filial obedience is in common men a duty, in great men heroism.
Biographical Anecdotes.
CONSPIRACY IN FRANCE.
Continuation of News by the Galiana, arrived at New-York.
LONDON, April 2.
The scene of mock-trial and of blood has commenced in France, not with the bringing before a public tribunal Moreau or Pichegru, or Georges, or any of the persons contained in the grand judge's list; but with the trial of the gallant grandson of the prince of Conde, the Duke d'Enghien . In this instance Bonaparte, has, as usual, shown his contempt and disregard for the laws of nations and the rights of independent princes. The Duke d'Enghien was in Germany, at Ettenheim, a principality that by the plan of indemnities, devolved to the Margrave, now the elector of Baden. This unfortunate prince of the house of Bourbon had been at Ettenheim for three years—upon his own estate, in his own palace; an estate and palace bequeathed to him by his great uncle the Cardinal De Rohan . Whether the French government sent a message to the elector, informing him of their intention to send a military force into his territory, and seize the Duke d'Enghien , and several other persons—or whether they affected to solicit permission to violate the electorate, a permission which they knew the elector dared not refuse, as usual, we know not; but on the 15th of last month, an armed camp of the first consuls, general Cailloux , the son of an officer who was brigadier of Louis XVIII's life guards, crossed the Rhine in three places, and surrounded Ettenheim and Offenbourg, about ten miles on the right bank of the Rhine. At those two places several persons were arrested. The Duke d'Enghien was arrested upon his own estate. At Strasburg too, several retired emigrants were taken up and sent to Paris. All the proceedings against the Duke d'Enghien were worthy of such a government as Bonaparte's.
Arrested on the 15th in Germany, he was brought to the castle of Vincennes, only six miles from Paris, where he was brought to trial on the 21st—brought to trial do we call it? Brought to hear his sentence of condemnation and death. The court, a military commission was selected by the brother-in-law of Bonaparte, and was composed of eight officers. No jury was allowed, no counsel for the prisoner. Six days after the duke's arrest, three of which were passed on the road to Vincennes, he was brought to trial without the power of preparing any regular defence, or of summoning any witnesses or of producing any proof in his justification of exculpation. Nor is this all: it appears that the charges and documents, on both sides, lay the official account, were read before the prisoner was brought in. After they had been read, he was brought in, free and unoffered, adds the Moniteur , with bitter and cruel mockery. The military commission unanimously, as was to be expected, found him guilty and condemned him to death. Of the charges brought against him, the greater part applied to the duke's conduct before the peace of Amiens; to his having taken up arms against Robespierre, as well as against Bonaparte. Bonaparte does right to avenge the cause of a predecessor whom he so much resembles. But the most curious charge against the duke is that of Espionage—Espionage in a foreign country!
Such is the intelligence communicated by the Paris papers to the 28th ult. which we

received late last night. We have no account of the execution of the duke d'Enghien; but there is no reason to suppose the tyrant will spare his life. And thus, by a Corsican adventurer, will be cut off, the last hope of the great and gallant house of Conde—a house that traces its descent, in a long and unbroken line to the sixth son of St. Louis; a house that shines with such lustre in every page of French history, and of which Boileau says—
Garde dont le nom seul renonce des Marailles Abat des Escadrons, et gagne des Batailles.
What must be the feelings of the aged prince de Conde, at his dignified retirement at Wunsbeck house! His hope, his name, his race destroyed, root and branch, in one moment! It is to be hoped that religion has brought him consolation, under the many misfortunes that have been accumulated upon his reverend head. Yet little did he think, little did the other French princes think, when they were celebrating Easter Day with him in their chapel here, that the prayer of those in trouble, in bondage and in affliction, embraced one of the darest, as well as one of the most honorable of their relatives.
It is curious to contemplate the events that are brought about by a change and reverse of fortune. The castle of Vincennes is now the prison of Moreau: In that very castle was sentenced to death a prince who had been opposed to Moreau last war; who followed and harassed him in his celebrated retreat, and whose cavalry afforded the most effectual protection to the Austrians when Moreau once or twice paused in his retreat to beat back the Austrian advanced guard. The duke d'Enghien's military talents gained the respect of Moreau, who always spoke of him in the highest terms.
We cannot turn our eyes from the affliction subject, to contemplate with any attention, the other news in the French papers, which, however, is not interesting.
The Moniteur contains an account of the arrest of the conspirators at St. Aubin de Carmier. Their names are Lemercier , Pierre Jean and Jean-Jean . A fourth conspirator, named Jean-Louis , who was in company with them escaped. Some of the party that apprehended them were severely wounded.
In the sitting of the legislative body of March 22, a project was presented for making a new levy of 60,000 conscripts. The orator of government, who made the proposition, stated that this new levy was not required from want of soldiers to punish England, nor from the political situation of the rest of Europe; but merely to maintain the army at its full complement. Thirty thousand are to be kept in reserve, and 30,000 to replace the veterans who shall retire, or those of whom the army has been deprived by the ordinary events of life.
LATEST FROM FRANCE.
NEW-YORK, May 18.
Captain Harrison, of the brig Rolla , has favored the editors of the Philadelphia Gazette with French papers to the 1st of April.
It was believed in France that Moreau, Piehegré, La Fayette, &c. (who had also been taken) would be put to death. The comptroller of the post-office at Strasbourg, two colonel lieutenant generals, who had been in the corps of Conde, several ecclesiastics, and many others, had also been seized and carried to Paris.
There had been an embargo at Bordeaux for eighteen days previous to the 12th of April, when it was taken off; during which time, a number of boats for the invasion crept out of the port, and stole along the coast. It was however, believed in France that no attempt would be made to invade England.
Several American gentlemen had been taken up in France and imprisoned—and every man suspected of being unfriendly to the tyranny of Bonaparte, was sure to be conducted to prison.
On the 4th Germinal (March 25th) a deputation of the corps legislative, had an audience of the First Consul, when the citizen Fantanes, apprised him of the proceedings of that body, relative to a statue in white marble of Napoleon Bonaparte, which is to be placed at the opening of the approaching session, in the hall where the corps legislative assemble.
On the 24th General Moncey, inspector general of the gendarmerie, communicated to the First Consul, the following report:
"A letter from colonel Migenotte, dated the twentieth March, states that three of George's band of brigands have been arrested, Le Mercier , Jean Lelan , called Brutus , and Pierre Jean , all distinguished in the official list of brigands published by government. A fourth, Jean Louis , had not yet been taken.
"Col. Migenotte examined these brigands and forwarded the particulars to the Grand Judge."
"Lemercier made confessions of considerable importance. He had been of the second embarkation, and was one of those sent from England to France, to assist in a conspiracy which had for its object the assassination of the First Consul. He had lodged with Lemercier at Aumale. Neither he nor his three companions had yet been in Paris. They were concealed in the environs. On the discovery of the conspiracy, they had resolved to return to Le Morbihan, by private routes."
"It appears that it was for those brigands that four suits of green uniform, as chasseurs, was made by a tailor of Aumale."
"Lelan, obstinately denied every thing, and pretended to have no knowledge of those with whom he was taken."
"Pierre Jean made some discoveries similar to those of Lemercier. He calls himself also Cadoudal ; he is of the same village
with George, and says he believes of the same farm."
"These brigands must arrive at Paris this night, under the care of Lieut. Lafford."
The Inspector Paques and the commissary Commenge, accompanied by six gen d'armes, arrested on the 24th March, Ville-neuve , the principal associate of Georges, and Burban Malabre , called Barco , two brigands and a third were concealed with one Dubuisson , in the street Jean Robert .
Dubuisson , and his wife have long been suspected of concealing the brigands. On searching their house, they declare they were gone out, but would return at night. An artful concealment was discovered in an adjoining piece of wood; where the brigands were supposed to be secreted. On being summoned to surrender, they observed a profound silence, but the discharge of a couple of pistols obliged them to come out, or they would not have been taken.
An immense crowd accompanied them to the grand judge.
There was found on them a great quantity of money in gold, and English bills of Exchange. Ville-neuve had a passport from Lord Pelham to leave England and return: with a recommendation to all the stations and to English commanders to protect him. All the principal brigands, of whom a list had been published in the Moniteur , have been arrested except Charles d'Ozier , who was supposed to be concealed in Paris.
Armand , and Jules Polignac , as also Riviere , a few days previous to their arrest, had lodged with Dubuisson .
It is stated from Marseilles , that the Ex-General Willot , who had come to the departments of the South, having discovered that measures were directed against him, made out to embark six hours before the Police sent persons to seize him.
The French stocks (5 per cent) were 95. At Hamburg the 15th March, on demand of citizen Reinhard , the minister of the French Republic in that city, two persons were arrested in the French theatre; one of whom was known there by the title of Count Lavilleaupre . He had arrived from England three days previous, and intended for Paris.
A Paris paper of March 27, after noticing the secret correspondence ascribed to Mr. Drake , the British minister at Munich, inserts a letter stated to have been written by him to his principal agent at Paris on the 25th February, after he had been apprised of the discovery of the conspiracy. The following is an extract.
"I am informed of the occurrences of the 16th. I conceive that the police will be on the watch, of course you should seize the most favourable moment to depart. I pray you instantly to prepare and have printed, a short address to the army (officers and soldiers) calling on them not to suffer Moreau , their brother in arms, who has so often conducted them to victory, to perish a victim to the rage and jealousy of the First Consul."
"You can observe in this address that the merit of Moreau has long offended the sight of the little tyrant, and that the First Consul has chosen for the destruction of his rival the moment of unfortunate intelligence from St. Domingo , to turn the attention of the nation from a disaster produced only by his ill conduct. You should not lose a moment in preparing this address, and having it circulated in all the armies with the utmost diligence."
Under date of Strasbourg , March 29, it is mentioned that in the territories of the Elector of Bavaria, in Souabe , an English agent, implicated in the conspiracy had been arrested and delivered up to the French government. He superintended, it is said, the secret intelligence carried on in the departments newly united.
It is stated that the persons arrested on the banks of the Rhine, are divided into two classes, one in which are comprised, the emigrants arrested at Offenbach and Ettenheim , had made a common cause with those who conspired to assassinate the First Consul and effect a counter-revolution. The other class, equally bold to the English, had a project to make a second Vendee of the thirteen united departments. Dumpff , arrested at Hildesheim , and conducted to Paris, was the principal author of the latter plot, Madame de Peich , d'Ayman , and several others, after having been detained some days in the citadel of Strasbourg , were sent to Paris.—General Desnoyers was also of the number.
At Alencon , Citizen Lufinettiere , the Mayor of Anceis was arrested & imprisoned, for having harbored certain suspicious individuals, of whom chasseurs and gen d'armes were in search.
The papers contain many other similar articles, they speak in terms of indignation of the conspiracy, which they attribute to British agency, and they announce the state of their immense preparations, as completely ready for the intended invading expedition.
Private Letter .— PARIS , March 29.—Do not write to me before you hear from me again. The treachery of the Post-Office, and not the vigilance of the police, has lately caused so much wretchedness, and made so many victims. Ever since last January, every foreign letter without exception has been opened, with most of those from Lyons , Rouen , and from the western departments. Be upon your guard how and to whom you write. The brother of Suyes is the exclusive inspector of the Post-Office.
The Count Markoff , late Russian Ambassador at Paris, is appointed to succeed the Count De Wintzow as Prime Minister of Russia. This change is considered highly favorable to Great Britain.
Extract of a Letter from Paris . The Minister of the Interior has sent three medals to the Prefect of the Depart-
ment of Loiret —one of gold, one of silver, and another of bronze, to be presented to the town of Gien , in consideration of the affection displayed by the people when Bonaparte was among them, and of the zeal manifested by the department de l'Eure . After many handsome phrases, the piece concludes with a general order, that all the marines of this department should appear on the 7th of their last month, in order to proceed to Orient . Those who did not obey were to be considered as deserters and punished accordingly.
The First Consul is extremely indignant whenever he is told, which is frequently the case, that the desert on England is hardly practicable. Some time ago, he asked Admiral Vance if he did not think the attempt might be made with some chance of success? The Admiral replied, that he thought all the troops would be sacrificed, and that, in his opinion, such an attempt would never succeed. On the following morning he received his dismission from the marine service. It is even asserted that he has struck some of those who have declared themselves of this opinion; but notwithstanding this blustering, it is thought by several that his ardour is rather abated, and that he has no serious intentions of attempting the invasion; while others affirm that it will certainly take place in March. They have totally given up talking of Ireland.
It is reported that Jerome Bonaparte is to be appointed Ambassador to America, in order to give him an opportunity of returning in that capacity, safe to France.
This seems to be extraordinary presumption, seeing how little the Consular Government have respected the character of Ambassador in the persons of Lord Elgin and Sir James Cranford .
A force has lately been introduced on one of the stages here, called Georgie ; in which his Majesty is represented in leading strings, led by Mr. Pitt ; but the effect it produced on the audience was very different from what was intended. Brunee , who represents the King, having, of his own accord, arranged some walnut-shells on the stage, like a flotilla of bateaux plats , after regarding them for some time, trampled upon some, and overturned the rest, which so pleased the house, that they burst forth into vociferous applause and convulsive laughter. Poor Brunee , for having occasioned such a merriment, was next morning arrested, and conducted to arrange his walnut-shell in prison.
From London papers (to March 29,) by the Ship Kingston , arrived at Boston .
The arrest of MOREAU has occasioned alarming sensations throughout France , particularly among the soldiery.—The greatest vigilance is exercised to prevent any disorder—and several Generals, supposed to be friendly to MOREAU , have been dismissed.
It is said, but we do not know upon what authority, that MOREAU 's Trial was to take place on the 13th or 14th instant.
The City of Rennes is said to have deputed four of its most celebrated Lawyers, to assist in the defence of MOREAU .
It is said, that BONAPARTE , being afraid of an insurrection in Paris in favour of MOREAU , has removed that unfortunate General from the Temple to the Castle of Vincennes.
Loans in Hanover .—The conduct of the First Consul, in the names he employed to force the Government of Hanover to negotiate Loans for large sums of money, at Hamburg , Bremen , Lubeck , &c. for the exclusive use of France , has excited his majesty, as Elector of Hanover , to determine on such measures as may check all future attempts of the same nature. It is said, that the Hanoverian Ministers at Berlin , Petersburgh , Vienna , and other German Courts, have protested, in the name of their Sovereign, against all such transactions, not merely as being in direct contradiction to the Laws of Nations, but also against the special direction of His Britannic Majesty , as Elector of Hanover , who allows no debts to be charged on his Electorate, but such as have been incurred by his consent, which alone can give validity to acts of Sovereignty in his Electoral Dominions. The Memorial which has been presented to the different Courts on the occasion, concludes with declaring: "That should other legal Governments endure this violation and extortion of revolutionary France, severe measures, much against the will and custom of England , will be resorted to, in the acquisitions and conquests of Great Britain; and French and Dutch subjects in the Colonies, and their property, shall finally be the only sufferers for the rapacity of France on the continental possessions of His Britannic Majesty in Europe."
Goree .—Intelligence is received of the capture of Goree by a French Squadron. The garrison of Fort Nassau consisted of only 60 British invalids, and they killed or disabled their number before they surrendered. Goree , though small, commands two important rivers, ( Gambia and Bonavista ,) and the British trade will be somewhat injured by its being in the hands of the French.
The following outline of the new Coalition between Mr. Fox and Mr. Pitt , was yesterday mentioned in the political circles. The Test Act to be repealed—the Catholics of England and Ireland to be completely emancipated—and an application to be made to the Emperor of Russia for the purpose of procuring a Peace through his mediation.
In the Department of Mont-Tonnerre , France, a society of coiners were lately discovered. They consisted of 366 persons, of whom 92 were women. They forged both French and foreign coins, and have
many respectable correspondents in most large cities or towns in France, as well as every where else upon the Continent. Among them are six Members of the late National Convention, and four of the Council of Five Hundred. Couriers have been sent every where to arrest their accomplices. It is said that a real bullion has been found, to the value of half a million of livres; and base money to upwards of six millions. They refused for six hours the Gen d'Armes and Chasseurs who attempted to arrest them, and after they had surrendered, they had the impudence to declare that they had as much right to coin money as Bonaparte. They are to be tried by special Commissions. Their crime is lately made capital.
DUBLIN, March 31.
Mutiny on board the Ship Queen Charlotte . Letter from the British Consul at Cadiz, dated March 2, 1804.
SIR, The annexed copy of Capt. Andrew's letter to me yesterday, will inform you of the unpleasant circumstances under which the Queen Charlotte anchored in this bay the day before. It is with pleasure I can state to you his being in quiet and peaceable possession of his ship, the French officer and men who went on board in the supposition of her being a prize, as represented by the mutineers, having been conveyed to the Lazaretto by the disposition of his excellency Marquis de la Solana , our Governor, in consequence of my representation to him, and being satisfied as to the real state of the case.
At the same time the mutineers, eight in number, are conveyed there as felons, and to be treated as such until it may be determined as to their being tried here or given up to their government. Capt. Andrew's wounds are not dangerous; he has acted with great propriety.
Captain Andrew requests your mentioning these particulars to his friends, and those interested. He is left without a crew and badly off with respect to anchors and cables, as you may suppose; and being in quarantine, adds to the difficulties. Now that the essential point has been accomplished, steps are taking to remedy all the rest, which I flatter myself may be the cause timely for his benefiting of the convoy with which he arrived at Gibraltar the 26th of February from Malta . We are much obliged to the Governor for the decided and quick manner in which the thing has been managed; and I must, in justice to the French commissary here, and to the commander of l'Argile French ship of war, from which the boat was sent aboard, state, their disclaiming any further protection when acquainted how the matter really was.
I remain, Sir, Your most obedient servant. (Signed) JAMES DUFF. Mr. John Wilkie.
Extract from Captain Andrew's statement to the British Consul at Cadiz, of the mutinous conduct of the crew of that ship.
" Queen Charlotte , Cadiz Bay , March 1, 1804.
"I can only say, that of the eight mutineers whom I have on board, four of them I shipped at Malta in August last; three of these are Maltese , the other an Italian of Palermo . The other four I shipped in Smyrna , in October last, as Italians , two of them out of an English ship, one of whom had been long in the English service. These people have at all times done their duty, and appeared to be much in the fear of French colours; of course I thought I had a good ship's company, until Tuesday night last. February 28, lying at anchor in Gibraltar bay, about ten o'clock in the night, hearing a noise upon deck, I got out of bed, and, on entering the deck, I was struck down and received several cuts in the head, which discharged a great quantity of blood. The cries of my wife (who was on board) and myself nearly fainting, had made them suppose that I was dead. During that time I could not hear any thing of the Mate or boy. On being a little recovered, I got myself barricaded withails and goods at the cabin door, with a musket. About four o'clock in the morning I heard the mate's voice in his cabin, on the outside of the cabin door: I had some conversation with him. He informed me, that the cook told him they supposed me dead, and that he nor the boy should be heard of further. In the morning the boy had some conversation with the mate, and told him that their intention was to murder my wife and infant child (about seven weeks old). This information made my situation more hard. I opened a part of my barricading, and got the mate in the cabin. After they found I was yet alive, had myself armed, and had it in my power to shoot them, if they came below. By this time, by the courtesies they had and were receiving, I found they were bound to Cadiz , which we afterwards saw distinctly in working in. I got out one of the dead lights, and told the pilots that were a stern, that I was master, and the people on deck were pirates."
"When they found they could not enter the cabin to get the papers, after letting go the anchor, they hailed the French ship of war. I then fired out of the cabin window, and told the pilot that the ship was not a prize, that I had possession of my cabin and my papers. After this, two French boats, manned and armed, came to fire into the cabin windows. At this time I told them I would surrender, provide, a French officer would come on board once my situation was horrid, with my wife and child. I cannot at present give an account of the loss sustained; only the anchor and cable, long-boat and some cordage. If you wish to know more particulars, I hope some person will come to see me. At present, remain with the great respect,
ALEX. ANDREW."
P. S. I wish to know if it will be necessary to send an express to the commanding officer of the convoy."
Domestic Intelligence.
More of Judge Bowen, from the Georgia Republican, of May 11.
GEORGIA. } May Term, 1804. City of Savannah. }
WE the Grand Jury of the Circuit court for the district of Georgia, impressed with the dangers that might have arisen to the whole people of Georgia from the inflammatory doctrines, the violent principles, and the intemperate conduct which marked the Judge of the Superior court in the whole circuit from St. Mary's to Savannah , had not such conduct been resisted by the mild yet firm, the temperate yet determined, Grand Jury of Chatham county; avail ourselves of the opportunity which this meeting affords us to testify the warm approbation, which the conduct of that Grand Jury has excited in the minds and in the feelings of the whole people of the Eastern district of Georgia. But there is no form of words which this Grand Jury can command which can sufficiently express the deep abhorrence, the bitter indignation which the whole people of the Eastern district feel at the conduct of a judge that could be so lost to all sense of the dignity which was due to the law, and so forgetful of all that gratitude which he owed, to the people who raised him, and elevated him to, and to consideration in the state; as to with to violate those laws which he had sworn to support, to ruin that people whose rights he had been appointed to watch over, and to desolate that country whose guardian he was. We the Grand Jury cannot close this subject without expressing a fervent hope that the great being whose name, he did for foul purposes invoke—may touch his heart with true penitence.
We present as a most serious grievance the practice of armed vessels said to be of the French republic laying in our ports longer than necessary, or than by treaty authorized to do; endeavouring to gain information of the sailing of our vessels engaged in lawful trade with a view to intercept or capture them, and in one instance laid before us of their actually having captured within the limits of the United States . We regard such conduct as in the highest degree injurious and insulting to our country and recommend to the government of the United States to employ a sufficient Naval force, on our coasts to prevent in future similar aggression and we also recommend that the district attorney do ascertain whether there are not now vessels lying within the ports of this state for the purpose of cruising against the citizens or subjects of countries in friendship with the United States .
The Grand Jury beg leave to tender their high respect to the honourable Judge Johnston and assure him of the sincere pleasure they feel at meeting in a Judicial capacity, a gentleman who, from having been born and bred up in the midst of those people to whom he is to administer the law, is acquainted with their wants, their habits, and their opinions.
The Grand Jury return their thanks to the court generally and request their presentments may be published.
James Seagraves, Foreman. James Smith, M. Burke, John Tebeau, John Bonon, Thomas King, Charles Oddingsell, James Nephew, Moses Sheftal, George Bailey, Joseph Law, R. M. D. F. Elliot, Thomas Coldings, Murdock McCloud, Simon Fraser, Norman McDonald, William Peacock, Abraham Delyon, James Cognillet. F. Onean,
A true copy, Silas Clerk.
The dreadful Tornado which took place on Thursday the 5th inst. has been traced ten miles beyond the Oconee river, and as far as the Savannah river. In general course was about east north east. For some time after it subsided the leaves and fragments of trees descended perfectly covered with ice. A sea-fowl was caught within eight miles of this place. The following is a statement of the information we have been able to collect.
It crossed the Oconee at Mr. Gholson's ; Mr. G's Houses and fences destroyed.
Mr. M c Farlane's —Houses and fences destroyed.
Mr. Hugh Comer's —Houses and Plantation destroyed, and Mrs. Cooper very much hurt.
Mr. John Little's —Houses and fences destroyed.
Mr. Harris Allen's —Houses destroyed, Mrs. Allen and two children killed.
Mr. Henry Lowe's —Houses and Plantation destroyed.
Mr. Stephen Horton's —Barn Burnt by lightning.
Mr. Allen Gay's —Houses and Plantation destroyed and family all wounded.—Mrs. Gay was carried up the chimney.
Mr. George Ross's —wife and child killed and sister and child dangerously wounded.
Mr. R. was from home when the disaster happened. A Negro fellow belonging to Mr. R. was coming home for shelter from the storm, before he reached the house on the gale commenced, he had a large club ax on his shoulder, which was carried entirely away and has not been found; he was carried a considerable distance by the wind, but at length seized hold of a stump and held fast till it subsided; he was considerably bruised and almost unable to walk, but on hearing the screams of Mrs. Ross , her children and sister-in-law, he through great exertion reached the ruins and worked to relieve them till he dropped down unable to help himself.
Mr. William Parker's —Houses all destroyed, his mother's arm broke and himself badly

wounded. A very fine wagon, belonging to Mr. P. was taken up entirely from under a shell and carried to the distance of 70 or 80 yards the body was torn piecemeal and the hind and fore wheels at a considerable distance from each other; the hub of one of the wheels remained on the axle tree and nine of the spokes were drawn out of it with out doing the least injury to the hub the spokes remain in the rim and do not appear to be the least damaged.
Mr. Turk—Plantation destroyed and a Negro killed. Mr. W. Brown—Houses entirely destroyed several men badly wounded, and a horse killed. [Georgia Republican.]
WASHINGTON, May 21.
Some notices having been lately taken in several prints, of embarrassments having arisen in the adjustment of American claims, under the convention of 1803 with France, we are enabled to state that some obstacles to a final liquidation of them, exist from the various constructions given to that instrument. We can, however, assure the public, that measures have been taken with a view to such an understanding between the two governments as, while the immediate convenience of the claimants is attended to in a reasonable degree, may tend ultimately to secure equal justice to every claim not foreclosed by the former convention of 1800, and that no payment of claims liquidated by the commissioners, has yet been actually made. Nat. Intelligencer.
OFFICIAL.
To RICHARD V. MORRIS, Esq. New-York. Navy-Department, May 16, 1804.
SIR, With my letter to you of the 2d inst. I transmitted to you a copy of the opinion of the court appointed to enquire into your conduct as commanding officer of the late squadron of armed vessels of the United States, in the Mediterranean. This opinion having satisfied the President that it is not the public interest that you should be longer continued in command in the navy of the United States, I have it in charge from him to inform you, that he has revoked your commission.
I am, Sir, Your obedient servant, ROBERT SMITH.
The following abstract from the proceedings of the court in the case of Commander Morris, sets forth the opinion referred to in the above letter.
FRIDAY, 13th April, 1804.
PRESENT,— The same members of the court, as before; and the Judge Advocate.
The court was cleared, and proceeded to form and pronounce their opinion, as follows, viz:
This court having carefully examined, and deliberately weighed the evidence produced, and all that was alleged by captain Richard V. Morris in explanation or in vindication of his conduct, DO REPORT, as their OPINION, that the said Capt. Morris did not conduct himself, in his command of the Mediterranean squadron, with the diligence or activity necessary to execute the important duties of his station: but that he is censurable for his inactive and dilatory conduct of the squadron: under his command, in these instances; viz:
1. In remaining with, and detaining his squadron at Malta, without necessity, or any adequate object, answerable to the length of his stay and detention aforesaid: that is to say, from the 5th to the thirteenth day of January 1803; also from the eleventh to the nineteenth day of February 1803—and also from the first to the twenty-first day of May 1803.
2. In carrying his whole squadron on the 19th day of February 1803, from Malta to Tunis-Bay, and thence down to Gibraltar, and not returning with or sending back any part of his squadron till the month of May following; having in the mean time, no part of his squadron on the station, aloof, to cruise off the coast of Tripoli, or otherwise protect our commerce in that quarter, as occasion might serve.
3. In remaining with, and detaining his squadron at Gibraltar, without necessity or any adequate object, till too late a period in the spring of the year 1803—that is to say, from the twenty-third day of March, to the eleventh day of April 1803.
4. In not proceeding with, or sending any part of his squadron (after the one successful attempt in the month of January, 1803,) to the coast of Tripoli, till he sent Capt. Rodgers, from Malta, with the frigate John Adams alone, on the 5th May 1803; who arrived with his frigate before Tripoli on the 8th May following.
5. In not going sooner than the 22d May 1803, to the coast of Tripoli.
6. In quitting the Blockade of Tripoli, on the 10th June, 1803, in the frigate New-York accompanied by the schooner Enterprise,—without necessity or any adequate object,—and never afterwards appearing on the coast of Tripoli.
7. In raising the Blockade of Tripoli, on the 26th day of June, 1803, and carrying the whole squadron from thence to Malta, Messina, Naples, Leghorn, &c. without necessity or any adequate object,—and never afterwards sending any part of the squadron to the coast of Tripoli.
And this court do further report, that as to the period that the Mediterranean squadron was under the command of captain Morris, from the 25th May, 1802, when he first arrived in the Mediterranean to the 5th January 1803, when he was joined at Malta by capt. James Barron, with the frigate New-York, and by capt. James Rodgers, with the frigate John Adams, there are no facts disclosed by the evidence, sufficiently clear and explicit, whereon to ground any censure of the conduct of captain Morris, in his command aforesaid, or whereon to form any specific opinion sufficiently satisfactory to the judgment and conscience of this court:—Wherefore they have limited the expression of their opinion to such periods of his command, and to such parts of his conduct as they could, from the evidence, fairly and clearly pass an opinion upon.
Gives under our hands this thirteenth day of April, 1804.
SAMUEL BARRON, President. HUGH G. CAMPBELL, JOHN CASSIN.
Official accounts from Madrid dated 8th March last, mention that the quarantine on our vessels is now reduced to fifteen days of observation.
THE SECRETARY OF THE NAVY has issued orders to the officers at New-York, Philadelphia, and Baltimore, to close their recruiting rendezvous, and to repair, without delay, to their respective ships.
SPEECH
Of governor TRUMBULL, to the legislature of Connecticut.
Gentlemen of the Council, Mr. Speaker, and Gentlemen of the House of Representatives.
At the opening of this session of the general assembly, it gives me much pleasure to meet you under circumstances of so much health and private felicity as are experienced not only by us individually, but throughout the State:—and although some untoward circumstances exist among us, yet the God of our fathers, who is also our God, has hitherto sustained us; and in him, while doing our duty, and walking in the ways of our fathers, we may still trust for future support.
Among the communications which will now be laid before you, is a letter from the President of the United States, conveying the copy of a resolution of both Houses of Congress, proposing an amendment to the Constitution of the United States, respecting the election of the President and Vice President of the union. This proposal will gain your most serious consideration. On this subject you will suffer me to observe, that I view with much reverence and respect this venerable instrument of our constitution, formed with so much wisdom an deliberation, by our political fathers, that I think it should not be rudely assailed by the spirit of innovation, nor lightly altered, in conformity to any speculative opinions of amendment.—If any alteration is made, it should arise from evident necessity of circumstances, or the most promising prospect of amelioration.
An act of the legislature passed in October, 1801, entitled "an act in addition to, and alteration of an act for constituting and regulating courts, and appointing the times and places for holding the same," is by the said act, to expire, at the close of the session of the general assembly in October next.
Perhaps you will think it necessary or convenient to take into consideration, at this session, the propriety of extending that act beyond the period of its present limitation: otherwise the appointment of the additional judge will be limited to a few months only, and will prove inconvenient or embarrassing to the gentlemen who may be assigned to that duty.
The militia of the several states being the principal reliance of the general government for defence of the union, and for military operations, it ought to be placed on the most respectable footing for actual and effective action: otherwise we may find ourselves, in case of real service, depending on slender support. The appointment of an inspector general, who should be responsible to the state for a more critical and accurate inspection and report of the actual state of arms and equipments of the militia, than is at present obtained under the existing arrangement, I cannot but think would be a very great improvement. The uniformity of our small arms, in their size, length, and bores, is very deficient; a circumstance which, in actual service, would prove extremely inconvenient and embarrassing. In too many instances there exists a want of arms.—The several towns, I fear, are not sufficiently attentive to the law which requires them to furnish with arms or accoutrements, those men who are unable to provide for themselves.—And no public deposit of arms is provided by the state to remedy any deficiency in time of need. A temporary appointment of an inspector general for a few years, would make an experiment of the usefulness of such an officer; and if not successful might be discontinued. Or perhaps the duty might be assigned to the adjutant general's office, with some small allowance for his actual time spent in that particular service.
In the course of the winter past, there have been received by the comptroller, two boxes of the laws of the United States; bringing them down to the end of the first session of the seventh Congress, but still leaving them two sessions of Congress in arrear. It is unfortunate that there should be such a delay in the promulgation of the laws of the Union. It may however be hoped, that in future, there will be a greater promptness in their transmission.
The maps which have been presented to this state, by the states of Massachusetts and New-York, to their respective states, have suggested to my mind the propriety of our legislature directing an accurate map of this state to be taken under authority, and from actual survey. It might be done without much expense, and would be, not only agreeable, but useful, in correcting the inaccuracies and misinformation, which are now experienced from unauthorised representations.
The removal by death of two of our sheriffs within a small time past, will suggest to the minds of the legislature, the propriety of making provision by law, in such events, for the continuance in office of the goal keeper, and perhaps the deputy sheriffs, until a new appointment of a sheriff is made. In the first instance, embarrassment has already been experienced, for want of such provision. Inconvenience may also occur in the other case unless prevented by regulation of law.
In the general business of the session, as well as in the appointments to office throughout the state, which is a peculiar part of our duty at this time, you will find me disposed to co-operate with you, with all that attention, impartiality and integrity, which the best interests of the state, and the general good require.
JONATHAN TRUMBULL.
GENERAL ELECTION.
The Governor, Deputy-Governor, Assistants, Secretary and Treasurer, are all re-chosen. Timothy Pitkin, jun. Esq. is chosen Speaker, and Jonathan O. Moseley, and Nathaniel Pissier, Esquires, Clerks, of the House of Representatives.
VOTES FOR GOVERNOR. Trumbull, 11108 Hart, 6170 LIEUTENANT-GOVERNOR. Treadwell, 9852 Spalding, 5989 SECRETARY. Willys, 7361 Seymour, 3738 TREASURER. Kingsbury, 7592 Spencer, 3738 [Connecticut Gazette.]
Miscellaneous.
TO PREVENT RUST.
The following very simple application has been found to prevent rust and steel from rusting: To any given quantity of salt oil varnish, add four fifths of well rectified spirits of turpentine; apply this varnish slightly and equally with a sponge, and put the article to dry in a place sheltered from the dust. It preserves and brightens the colour of copper; and it is said, that all metallic articles varnished with it, will retain their brilliancy, and never contract any spots of rust.
LUSUS NATURÆ.
The following singular and natural production, was born on the plantation of Francis Kinloch, Esq. a few days since:—A calf with two heads, four eyes, and three ears. This uncommon transformation of nature may be considered as one of the rarest of nature's productions. [Bal. Tel.]
In a late eastern paper a marriage is announced—It would appear that the bride was verging to antiquity. The gentleman who furnishes the article, availing himself of this circumstance, adds the following elegant poetical compliment.
"If love's a flame that's kindled by desire, An old flick's surely best, because 'tis drier."
[The following is a sterling Anecdote, but the point of it cannot be translated. The fact took place in the fifteenth century, and is a strong proof of the ignorance of the age, and the licentious buffoonery of the Monks of France.]
A Curate, disputing with his parishioners about which should pay for paving the Church, the affair was brought before a Court; and just as the Judge was on the eve of deciding in favour of the parishioners, the Curate, with a ferocious face, made this quotation from JESSEMAI— "Paveant illi, et ego non paveam." The Judge instantly sentenced the parishioners to pave the Church.
Extract of a private Letter from the Isle of France 8th Vendemiaire, year 12.
Capt. Baudin, who left Havre on the 27th Vendemiaire, year 9, with the intention of making a voyage of discovery round the world died here on the 20th last Fructidor; he was then on his return from New-Holland, without having been able to fulfil the principal object of his voyage, which was to discover, if possible, lands in the environs of New-Zealand; he had, however, brought with him some plants and shrubs, together with some unknown animals. He was waiting at the Isle of France, into which he had put, for the favorable season in which he might transport these different objects without danger, as far as regarded the temperature, when he was seized with the illness of which he died. It is said that a considerable want of harmony subsisted amongst the principal persons employed in the expedition, which diminished the success it might otherwise have had. La Naturaliste, brig, is by this time probably returned to France.
The following are some details respecting the unfortunate expedition of Mr. De La Peyrouse, which have been mentioned to me by the captain of a French vessel that met a Portuguese ship on her passage, that communicated them to him.
A Portuguese vessel, coaling at some distance from the Philippine Islands, perceived a man, who, mounted on one of the steep rocks, at a little distance from the land, was making signals with a handkerchief or bit of linen which he held in his hand. The captain immediately had the long boat hoisted out, and sent it to bring him off. When he arrived on board, he declared himself to be Mr. de Lagelet, an astronomer, who had embarked with Mr. de La Peyrouse, to assist him in his researches. All the assistance possible was administered to this unfortunate man, for he was in a most deplorable situation; on being intreated to favor the attendants with more ample details, he gave the following: "Mr. de La Peyrouse took his departure from Botany Bay on the—th with two vessels under his command, flanking his course to the S. W. of New-Holland; P' Alorabable having struck on the rock, he took that part of her crew on board which had been fortunate enough to save themselves; but very soon after a fire broke out on board la Bouille, which he commanded, and by the time it was extinguished, the vessel could no longer keep the sea; he then landed on the coast of New-Zealand, where he took up his residence, ingeniously hoping that Government would dispatch a ship in search of him: nine years
passed away in this expectation, during which his situation was extremely uncomfortable; this time being expired, having no longer any hope of receiving succour, he resolved to build, with what he had been able to save from the wreck of his vessel, some kind of one, on board of which he and his crew might be conveyed to a port, where they might procure a vessel for Europe. As he was under the necessity of felling some trees for this purpose, the natives of the country, with whom he had till then lived in harmony, rose suddenly and opposed his designs; a battle between both parties at length ensued, in which Mr. de La Peyrouse overpowered by numbers was killed, together with all his associates. As for myself being detached with a party who likewise fell victims in order to create a diversion during the fray, I saved myself on board a canoe, by means of which I arrived on the rock where you saw me, and where I remained for many days, without nonishment, and in hourly expectation of death. It is greatly to be regretted that no farther information could be obtained from Mr. de Lagelet; but in the wretched state to which he was reduced, all assistance was in vain, as in six days he expired with weakness and fatigue, leaving behind him only a bundle of papers, which the Portuguese Captain promised to forward to the French Government. It is thought that the division of Mr. D'Entrecasteaux, sent in quest of Mr. de La Peyrouse, must have passed within ten leagues of the Island in which that unfortunate navigator was forced to take up his abode; but the relation of Mr. D'Entrecasteaux, makes no mention of any land seen in that part.
The Enquirer.
RICHMOND: SATURDAY, MAY 26, 1804.
Anxious to communicate some domestic intelligence, which may be interesting to readers, and to go through the most prominent parts of the Foreign news, which has come by the three last arrivals from Europe, down to April 5th; the Editor has devoted no part of the present paper to general reflections. Had not even this circumstance existed, he should have found it difficult to have spared any time from the compilation of the very imperfect abstract, which is given in the last page of this day's paper, of the elaborate and ingenious speech of Mr. Nicholas on the Glebe Cafe. With notes very imperfectly sketched, and without a single authority or document to which he might refer, except the constitution of Virginia, any one will readily conceive the difficulty of drawing out a methodical and intelligible abstract.
A Vindication of Virginia from some of the unfounded abuse which has been lately propagated by some of the Northern papers, will be furnished for the next publication.
On Thursday Thomas Logwood was tried before the Federal Court on one indictment, for counterfeiting Bank Notes. The Jury immediately returned with the verdict GUILTY. An attempt, however, was making yesterday by his counsel to quash the indictment.
NEW YORK ELECTION.
The American Citizen of May 18th states the majority for Mr. Lewis (as Governor) from returns not perfectly official, to be 9087.
The Albany Register mentions 8,782.
The Circuit Court of the United States for this district will be opened in this city on the 15th next month. As we understand the parties are ready for trial in the important cause of the devisees of Lord Granville, vs. Collins, Allen and Dickerson, it will certainly be heard at this term. No doubt the importance of this cause, to a large number of our land-holders, will excite a lively interest in its decision, and produce a crowded court. [R. High Register.]
Yesterday's Mail.
WASHINGTON, May 23.
OFFICIAL.
On board of the Ketch Intrepid at Sea, } February 17th, 1804. }
SIR, I have the honor to inform you, that in pursuance of your orders of the 1st inst. to proceed with this Ketch off the Harbour of Tripoli, there to endeavour to effect the destruction of the United States, late frigate Philadelphia, I arrived there in company with the United States Brig Syren, Lieut. Commandant Stewart on the 7th, but owing to the badness of the weather, was unable to effect any thing until last evening, when we had a light breeze from the N. E. at 7 o'clock I entered the harbour with the Intrepid, the Syren having gained her station without the harbour in a situation to support us in our retreat. At half past 9 laid her along side the Philadelphia—boarded, and after a short contest, carried her—I immediately fired her in the store rooms, cock-pit, and birth deck, & remained on board until the flames had issued from the spar-deck-hatchways and ports, and before I got from along side, the fire had communicated to the rigging and tops. Previous to our boarding, they had got their Pombons out, and hailed several times, but not a gun fired.
The noise occasioned by boarding and contending for possession (although no fire arms were used) gave a general alarm on shore, and on board their cruizers which lay about a cable and a half length from us, and many
large boats filled with men lay around, but from whom we received no annoyance. They commenced a fire on us from all their Batteries on shore, but with no other effect than one shot passing through our top-gallant sail.
The frigate was moored within half gun shot of the Bashaw's Castle, and of their principal battery. Two of their cruizers lay within two cables length on the starboard quarter, and their gun-boats within half gun-shot on the starboard bow—She had all her guns mounted and loaded, which as they became hot, went off—As she lay with her broad side to the town, I have no doubt but some damage has been done by them.—Before I got out of the harbour, her cables had burnt off, and she drifted in under the castle, where she was consumed. I can form no judgment as to the number of men that were on board of her—there were about 20 killed—a large boat full got off, and many leapt into the sea. We have made one prisoner, and I fear from the number of bad wounds he has received, will not recover, although every assistance and comfort has been given him.
I boarded with sixty men and officers, leaving a guard on board the Ketch for her defence; and it is with the greatest pleasure I inform you, I had not a man killed in this affair, and but one slightly wounded. Every support that could be given I received from my officers, and as the conduct of each was highly meritorious, I beg leave to enclose you a list of their names.—Permit me also, sir, to speak of the brave fellows I have the honor to command, whose coolness and intrepidity was such, as I trust will ever characterize the American tars.
It would be injustice to me, were I to pass over the important services rendered by Mr. Salvador, the pilot, on whose good conduct the success of the enterprise in the greatest degree depended. He gave me entire satisfaction.
I have the honour to be, with great respect, your most obedient servant, (Signed) STEPHEN DECATUR. Commodore Edward Preble, commanding the United States Squadron in the Mediterranean.
LOST.
A NOTE OF HAND for 30 Dollars, in favor of Isham Furman of Lynchburg, given by Thomas Ferris, of New-Canton, dated in February last.—Any person possessing said Note and returning it to the Subscriber, will be rewarded for their trouble; payment thereof is stopped. ISHAM FURMAN. Lynchburg, May 23, 1804.
CASH WANTED,
(IN ABOUT A WEEK)
FOR about six tons of BAR IRON. The price will be made an inducement to purchase. And IRON CASTINGS of various kinds, for sale on the usual terms by the ton or single piece, among which are a few tons of 50 and 60 lbs. weight. Also T A R by the quantity or single barrel below the common price. And also best fine and superfine FLOUR. MICAH A. DAVIS. Richmond, 22d of the } 5th Mo. 1804. }
THE SUBSCRIBERS
(Living on Shockoe-Hill, near Mr. Daniel L. Hylton and Mr. Benj. Mobley)
RESPECTFULLY inform the citizens of Richmond and its vicinity, that they have lately commenced the CARPENTER & JOINER'S BUSINESS; and are now ready to undertake any business in their line.—They trust, from their particular attention, and faithful performance of every thing they undertake, to merit public patronage.
WILLIAM K. LEE, JOHN S. LEE.
May 23, '04. tf (5)
THE Court of Hustings of the City of Richmond have established the following rules concerning applicants for licenses to manufacture Tobacco within the said City; viz:
"All Applications to the said Court for Licenses to manufacture Tobacco, must be made one Month at least, previous to the Time of granting thereof, and the Name or Names of the Applicant or Applicants entered on the Records of the said Court, and inserted in all the Newspapers published in the City of Richmond."
IN PURSUANCE WHEREOF, PUBLIC NOTICE IS HEREBY GIVEN, That from the Records of the said Hustings Court, it appears that GEORGE TATE means to apply to the next succeeding Court for a License to manufacture Tobacco within this City.
(By Order of Court) ANDREW STEVENSON, D. C. May 23. Sw (5)
PROPOSALS
By MARCUS LEVY of RICHMOND, For printing by subscription, a scarce and valuable Book, entitled
Opinion of a Jewish High Priest,
ON REASON AND FAITH, AND PHILOSOPHICAL ABSURDITIES, & THE NECESSITY OF REVELATION. Intended to promote faith among infidels, and the unbounded exercise of humanity among all religious men.
"BY RABBA HENRIQUIS, Esq." CONDITIONS. 1. The Book will be nearly printed, and contain about 183 pages, small or avo. II. The price to subscribers will be HALF A DOLLAR per copy, stitched in blue covers—and no money required until the book is delivered. III. So soon as 300 subscribers are obtained, the work will be put to press. * * * Subscriptions received by the publ. aber, at his house, opposite the Bell Tavern.

CONTINUATION OF THE GLEBE CASE.
Vestry and Church-Wardens of the parish of Manchester, in the coun- ty of Chesterfield,
vs. Overseers of the Poor of the said County.
MR. NICHOLAS (Attorney General) observed, that no judicial question of greater importance had ever been agitated in this state. The Bill of Complaint alleged that the law of 1801 was void; and the court was called upon to pronounce the decision. This law related to a case, which was not more interesting from the value of the property which it involved, than from the peculiar tenure by which that property was said to be held.
He should take a three-fold view of the subject. He should examine:
1st. The state of the Church and its rights prior to the revolution.
2nd. The effects which the revolution, and the bill of rights, may have had on them.
3rd. The effects of the laws since the re- volution; and the consequent validity of the present act.
1. The history of the church and its rights prior to the revolution, must be drawn from the laws themselves which con- cerned those rights. We shall find that the act of 1661, ch. 1. directs churches & chap- els of ease to be built for the use of the parishes. The act of 1661, ch. 2. supplies the practical deficiencies of the last act, by specifying some method of defraying the expense necessary for these buildings, as it directs that vestries should be elected, who were to levy an assessment upon the parish for this and other purposes: it also directs that "none should be admitted to be of the vestry, who do not subscribe to be con- formable to the doctrine and discipline of the Church of England." The act of 1661, ch. 3. advances another step in regu- lating the government of the church, by providing for the election of its ministers; who were to "produce to the governor a testimonial of their ordination by some bishop in England, and subscribe to be con- formable to the orders and constitutions of the Church of England." The right of presentation was given then to any par- ish, and its induction by the governor was still necessary to clothe him with the garb of his holy office. To provide for the support of these ministers, several laws were enacted, the principal object of which was to empower the vestry to levy an as- sessment upon their parish, and to purchase a Glebe. These Glebes were intended for the use of the ministers only. They had the right to sue for trespass on them. They had an estate in them for life without the right of alienation (act of 1748.) The vestries in the mean time, besides their other functions were appointed for the sim- ple management of parochial affairs (act of 1661, ch. 2.)—This short recital is suffi- cient, among other things, to prove that there existed in this country an established church; which was intimately connected with, and dependent upon, the Church of England. For why was a conformity with the English church required from the vest- rymen of our church? Why was a testi- monial of ordination by some English bishop to be required by the governor, of any minister, who wished to enter into the Vir- ginia church? Why was he required to subscribe to the orders and constitutions of the church of England? unless this depen- dency had been already supposed to exist; and unless these laws were intended to maintain that dependency.—Another position may be equally well established, which (as to the present case) has a strong relation to the last position: that the English church was intimately connected with the English government. Does not the church in England form a part of the parliament- ary body? Is not the king called the head of the church? Does he not appoint the Bishops? (Tuc. Bla. 1. 280.)
2. Let us then (said Mr. N.) carry along with us this recital and these positions, to the examination of the question: What effect has our revolution had upon these rights? If the revolution destroyed the gov- ernment of England; if there was an in- timate connection as well between that government and the English church, as be- tween that church and the church of Vir- ginia, must we not conclude that our revo- lution has overthrown this church, with every part of the political system of England in this country? Does not this general ar- gument acquire additional force in the pre- sent instance, from considering the particu- lar method, by which the church of this country was kept in operation by the En- glish government? It has been already observed, that no minister could officiate in any parish, until he had been presented by the vestry and inducted by the governor. When then the race of English governors in this country expired, how could the ne- cessary act of induction take place? How then could this church "established by law" go on? When the very means, by which alone the church could be perpetuated, were done away by the revolution, how could the church be said to survive the re- volution? That statement then in the bill of complaint is not perfectly compatible with truth; "that if the act of 1794 had not passed, the church would have been carried on by the appointment of ministers and vestries as usual." For how could it have been carried on, if, upon the death of the incumbents, there existed no method of ap- pointing other ministers?
But even if the succession of ministers could have been preserved; had there been other methods of inducting them into the rights and duties of the Virginia church; it would not follow that these Glebe lands would be forever consecrated to their use;
that they would never revert to the use of the parish. Would these ministers have ever held the Glebes for their own right? Would they not on the contrary have al- ways held them for public purposes only? When those public services have ceased then, does it not follow that the only rights of the ministers have expired with them? The law has always recognized the distinc- tion between private and fiduciary property. The first is indefeasible. It is, perhaps, it ought always to be, inviolable by the deci- sion of the legislative or judiciary power. The last is subject to conditions; and if those conditions are not required to be per- formed, or if circumstances will not permit them to be performed, does not the trust cease and the property revert to the original owner? In the present case, property was vested in the Ministers on certain con- ditions. The duty was imposed upon them of supporting the doctrine and disci- pline of the Church of England. When that office necessarily expired; when the Church of England was swept away by our revolution with every vestige of our old political establishment; what duty was left for these ministers of the Anglo- Virginian Church to discharge? Where was their office? What plea then, can they reasonably advance in support of their pre- tensions? Precedents are not wanting to justify this doctrine. If a civil officer is appointed by the legislature, with a cer- tain remuneration in money or land, does not this property revert to the public, when his office is abolished; unless indeed the constitution has deprived them of the power of abolishing the office, by declaring that the officer shall "continue in office during good behaviour." But some enlightened poli- ticians have even asserted, and a most res- pectable body has already determined, that this constitutional restriction does not prevent them from abolishing the office itself. When therefore (Mr. N. said) he considered the conditional tenure, on which these Glebe lands must have been held by the ministers; and when he considered the effect of the revolution in nullifying this condition; he could not but suppose that the Glebe lands would not have belonged to succeeding ministers, had even any method have existed for continuing this succession. But the church itself has contributed to weaken the validity of its own pretensions to the Glebe lands by the modesty of its claims. Why did it not extend its de- mands farther? If it founded its right to these lands upon the act of 1748, why has it not also put in its claim to the annual stipend of 16,000 lbs. of Tobacco, which that law allowed as an additional compen- sation to its ministers?
It may be contended, however, that the property was not vested in the ministers but in the vestries; and that, therefore, whether the succession of ministers could be kept up or not, the vestries (provided their succession could be maintained) would still possess the most complete right to these lands.—It would be sufficient to reply to this argument, that no deed has been pro- duced making over this Glebe to the vest- ry. No instrument of conveyance of the Glebes, in general, has been exhibited.— It is probable that the deeds were made to the ministers.—But even if deeds were made to the vestries themselves, it is probable that the public purpose to which the land was to be appropriated, would have been expressed on the very face of the instrument. This purpose would have consequently decided the existence of their right, and the revolution, or any other com- petent cause, which should have decided that this purpose could or should no longer be fulfilled, would have given a death blow to the rights of the vestry.—But even if deeds of this tenor were not made to the vestry—if deeds free from any such condition had been made over to them, they will not supply a com- plete or even a satisfactory foundation for their claim. Will this court in a great constitutional question require that every little technical form of the law should be observed? Mr. Call has himself placed this case upon equity; he ventured to consider the church as a corporate body, although it did not possess a technical charter. May we not in the same manner throw aside the forms of law; and boldly assert, that these deeds, though not technically, were still sub- stantially made to them as public trustees only? If they possessed this property on a differ- ent ground, would they not also have been entitled to the right of alienation? And yet this right was never claimed or exercised by them. If they were trustees only, for what purposes was this trust committed to them? For two only; the support of the incumbents, and the benefit of the public. The first has been already provided for: the law has liberally extended to them the hand of indulgence. And for what public benefit will it be said that this trust is con- ferred on the vestry? Is it for the public generally? No. It is for the benefit of a par- ticular sect. As the public benefit then is not now to be promoted by this convey- ance; as even the interests of that particu- lar sect to which the property was originally transferred, have expired with that sect; how can it be contended, that this trust has not also ceased, & that this property should not consequently revert? If property be con- veyed for the payment of a debt, it always re- verts to the original owner, when that debt is paid, or when it is no longer due. This case is analogous to the present. It would appear then very immaterial, whether the deeds were made to the parsons or the vest- ries. The consequence would be the same. A reversion of the Glebes would accompa- ny either supposition.
Even if the Glebes do not belong to the Ministers or the Vestries, it has been con- tended that the Legislature had no right to pass any law upon the subject. From the act of 1748, which empowers the Vestry to make a public levy of money in the Pa- rish for the use of the established Church, it has been contended that the Glebes be- long to the Parishes; and that, therefore
the Legislature had no right to interfere with them.—True: the property was vested in the Parish; but it was not obtained by the voluntary contribution of the individuals. The acquisition was authoris- ed in every Parish by a Legislative act. The legislature also described the particular proceeds by which it was to be acquired, and the destination which was afterwards to receive. It must still be regarded by them as public property, subject to legisla- tive control. Had any evidence of this truth been even wanting, the imperfection of the Parish-claim to this property, would have been sufficient to establish it. The Parishes did not possess the right of aliena- tion. Mr. McIntosh has said, this is one of the great tests of property. Private owners may sell. But in this country, this privilege has never been assumed by the Parishes. The consent of the Legislature has always been petitioned for, when the Parish with- ed to dispose of its Glebe. The petition of the Parish of Meherrin in Brunswick County, and in Sussex (anno 1769) prove the existence of the general sentiment, and even of the Church itself, on this right of alienation. The conclusion appears to be, that the Glebes were not vested in the Pa- rishes.
If then it does not appear that this property was absolutely vested in the ministers, vestries or Parishes: if it appears that the rights committed to their influence, were merely fiduciary, and subject to the grand condition of public service; it will follow that even the Legislature itself, may exercise over them, a partial and even absolute control. This is a privilege which all nations have possessed over their established Church. Bla. 1. 156, has mentioned a great variety of laws, to regulate the Church and its property before the revolution.— Mr. McIntosh has also quoted many instances of this superintending power of govern- ment. In our own State, the Legislature have exercised this power, and the courts have sanctioned its exercise over rights which appear much more sacred than these ecclesiastical rights, because they partake of a private nature. Mr. N. mentioned the act for destroying Entails. If then an ordinary legislature may properly exercise the power of abolishing an office, unless expressly forbid by the Constitution; if they can in this manner resume all the fidu- ciary rights which were entrusted to its agents, may it not be concluded a fortiori, that a change in the form of government itself; or the formation of a new Constitu- tion should annihilate those rights? Mr. N. concluded that the right of the Church to the Glebe lands, was destroyed by our revolution.
But even if those rights had not been destroyed by the revolution, we shall find in the Bill of Rights the most ex- press reasons for their resumption. They are incompatible with the 4th article of the Bill of Rights. That article requires that no "exclusive or separate emoluments or privileges from the community," be given, "but in consideration of public services." sec. What public services (Mr. N. asked) does the Protestant Episcopal Church ren- der? Was it not instituted, and is it not maintained for the benefit of a particular sect, and the dissemination of particular doctrines? And is not this sect in possession of separate emoluments? It is not necessary that an emolument should consist of money only. It may be in the form of houses, or lands. But Mr. Call denies that these Glebes are any emolument; because they are not now conferred by government; they are vested in the Church, and as such the property of the Church as any tract of land, which exclusively belongs to an indi- vidual. But this (said Mr. N.) is taking for granted the most important fact in question. He denied that it was vested right: on the contrary, he had attempted to prove that the greatest possible right which they could have possessed, was founded on a judiciary tenure. Mr. Call too, has admitted the application of this article to the officers of government. He has supported this construction by the last clause in it, which declares that the offices of Magistrate, Leg- islator or Judge, ought not to be hereditary. If this be the construction, many other officers are omitted, who may consequently be hereditary. If for instance, the term Magistrate be confined according to its po- pular definition to Justices of Peace only, then the Executive would be descendible. If it be taken in a more general sense, a sense in which Blackstone seems to have employed it, when he divided a nation into two classes only, that of the people and that of the magistrates; why may not this term, and consequently this clause and the whole article, be supposed to comprehend the Clergy? But, says Mr. Call, even ad- mitting that this article does apply to the ministers of religion, it can only forbid any emoluments being afterwards given; but it cannot reach those rights, which have been already vested. This argument still assumes the existence of vested property. But a concession of this fact, modified as it has already been, would not be of much avail. The Constitution would be as much in ringed by continuing as by granting em- oluments.—These rights are incompatible also with the 10th article in the Bill of Rights. It requires that religion should be "directed only by reason and conviction, not by force and violence." To continue an evil as is improper and unconstitutional, as it was to give it an existence. The religion which is here attempted to be supported, was not propagated by "reason and conviction." This property was originally wringing by "force and violence" from all Christians of opposite denomina- tions. It had been stated on the former trial that the Episcopalians at that time con- stituted 9-10ths of the whole nation. But the preamble to the act of November 1776, acknowledged, that the Dissenters at that time were very numerous. Mr. N. here examined several other po- sitions. 1st. Mr. Call's, that the church was a corporate body, and that its rights
were inviolable by the legislature, and even fortified against the Bill of Rights. Mr. N. examined the doctrine of the English law on the powers to change or abolish a cor- poration. He concluded that even the leg- islature might, upon common law principles, alter or dissolve a corporate body. 2nd. He examined the identity of the present, with the former church. He conceived they were different churches. The Virginia church was an established national church: The Prot. Episcopal church is a voluntary association. They have different modes of presentation and induction. In all that relates to doctrine, they may be the same: but in their political rights they are completely different. He concluded that, as the identity of the churches has been thus destroyed, the property which might be attached to the one, would not be necessarily transferred to the other.
From this series of arguments, Mr. N. concluded that all the rights which the church ever had, were overstept by the revolution, and nullified by the Bill of Rights.
3. It is stated, however, in the Bill and contended by the council for the appellants, that, the acts which have been passed since the revolution, have recognized the rights of the church. But (said Mr. N.) two consequences would result from this argument:
1st. It admits that the revolution abolished these rights; for if it did not, why resort to the authority of laws, which could not (unless under that supposition) confer any new rights? And if the revolution did abolish these rights, they could not be con- tinued by these laws themselves, since they would at that time be contrary to the con- stitution.
2nd. If it admits that the legislature has the power to endow with property, it will also follow that the legislature has a right to resume it. It has been the doctrine of all countries, that if the law can endow, it can modify and resume. In England, during the reign of Henry 8, many ecclesiastical endowments were dis- appropriated for the use of the King.— It might have been improper perhaps to have adopted this expedient: but this does not destroy their right to adopt it. Even if our constitution then did not deprive our legislature of the power of passing these confirmatory acts since the revolution, the laws and precedents of all countries will not deprive it of the power of repealing them.
If from this general view of the argu- ment we descend to an investigation of the particular acts which have been appealed to, we shall find in them many reasons for suspecting the validity of the title, which they can confer.
The act of 1776 has been confidently ci- ted as a cotemporaneous exposition of the constitution. If we refer to the Journals of the house during that session, we shall find many petitions recorded on the subject of religion. They show that at that period of political fervour, an alarm had spread itself over the country, for the salvation of the church. It was perhaps necessary and po- litical to pass some law, which should quiet these apprehensions of the people. This spirit of concession gave birth to the act of '76, which with a singular inconsistency unfolds the real principles of our revolution, at the same time that it offers them up as a sacrifice before the altars of the Pro- testant Episcopal Church. The suspicion of these violated principles appears on the very face of the act, and gives an air of un- certainty and weakness to those claims, which it was intended to support.
The act of '84 incorporates the church; but was it not at the particular request of the church itself? Why was this petition for a charter laid before the assembly, if they had not supposed their corporation was dissolved, and their rights divested by our revolution? The act itself embraces this opinion. It speaks of the "late estab- lished church;" whereas the act of '76 denominates it the "church by law estab- lished." The question too full recurs upon us, whether this act and all the others which endow with property, are not incon- sistent with the constitution.
The act of '86 repeals this incorporat- ing law. Does it not thus countenance the doctrine of resumable rights?
The legislature have in many instances since the revolution, passed laws to author- ise the sale of Glebes for various purposes. May not these be regarded as the modern exposition of legislative power?
The act of 1801 at last advances to close the catalogue of the acts, that relate to the church. After having with a discriminative justice reserved for the proper heirs, every kind of property which the church had re- ceived from private donors; after having, with a laudable liberality, respected the rights of the incumbents; it determines that the property should be sold and appropri- ated to the use of the poor of the respective parishes, or to any other objects which a majority of the free-holders and house- keepers therein may direct.
Mr. Nicholas then recapitulated the principal points, which he had taken: that the revolution had abolished the rights of the church to the Glebe property; that the Bill of Rights had come in to the aid of the revolution: that all the acts which had been passed since the revolution, had either conferred no rights, or if they had, that they had not taken from the legislature the power of resuming them.
Having made some remarks upon the ju- risdiction of the court, he concluded by hop- ing that the bill would be dismissed.
[TO BE CONTINUED.]
Printing,
IN ALL ITS VARIETY, EXECUTED AT THE OFFICE OF THE ENQUIRER, WITH NEATNESS, ELEGANCE, AND THE GREATEST DISPATCH.
Horses & Mules AT AUCTION.
WILL BE SOLD, at Prosser & Mon- cure's Vendue Office, on Monday the 28th instant,
Three very likely Mules. ALSO,
Two likely Waggons-Horses.
The Mules are in good order, rising four years old, and well broke to the waggons, cart and plough.
90 days credit will be given, with Notes and approved security.
May 19. 37
THE subscriber has in his possession, a GREY GELDING a- bout 14 hands high, 5 years old, the hairs of his mane and tail lately by appearance cut short, branded on the near shoulder (as well as can be made out) I. W. and which has been appraised, according to law, to $40. The said horse was taken in the main road, near Dumfries, Prince William county, from a dark Mulatto Man, (about 5 feet 6 inches high, and 27 years old) who says he is free. He produced a certificate signed Geo: Win- son, of Henrico county; but it appearing to the magistrate before whom he was carried to be a forgery, he was therefore committed to the jail of the aforesaid county, on sus- picion of being a runaway, and there remains at this time. In company of said mulatto, there were a white woman, who says her name is Polly Maenight, and a small white boy about three years old.
Francis Patterson.
May 19. 38
CAROLINE SPRINGS.
THE subscriber intends to open a TAVERN at the Caroline Springs, on the first day of June next; and hopes, from the pleasant and healthy situation, ex- clusive of the Medicinal qualities of the wa- ters, that it will be a place of general resort.
The Springs are situated about 56 miles from Richmond, 18 from Port-Royal, 12 from the Bowling-Green, and 14 from Fre- dericksburg. The roads leading to them are remarkably good...they are surrounded by an agreeable and respectable neighbourhood.— There are out-houses for the accommodation of those who wish to live separate from the Tavern.
The subscriber flatters herself, that these inducements will not only operate on inva- lids, who, in the sickly season, attend the Springs for the sake of having their health restored, but will also be felt by those whose only object is the enjoyment of company, as it may be safely said the society will be equal to any in the country.
No exertion will be wanting to make every thing perfectly agreeable.
ANN GATEWOOD.
Fredericksburg, May 19. 39
By virtue of a Deed of Trust executed to us by Mr. John Woodson, of Han- over County, to secure the payment of a debt due from him to Giles Terrell, Executor of Rev. William Douglass dec. will be exposed to SALE at Hanover Court House on the fourth Wednesday in June next, it being Han- over Court day, the
TRACT OF LAND,
WHEREON the said Woodson now re- sides, adjoining the lands of Nathaniel W. Dandridge and others, or so much thereof as will be sufficient to satisfy the balance of the said debt still due, and the costs attending this trust, by
DAVID BULLOCK, } Trustee. FREDK. HARRIS. } May 9, 1804. (1)
TO BE DISPOSED OF
BY PUBLIC SALE, At Mrs. Buckner's Tavern, in the town of Manchester, on Wednesday the 30th day of this present month, at the hour of Four O'clock precisely:
ONE Hundred and Seventy- Eight 33-160 acres
Well Timbered LAND,
adjoining the lands of Mr. David Ross, cal- led and known by the name of the Falls Plantation.—To house-builders and others using pine and oak timbers, this land must certainly be an object. The terms will be made suitable to intending purchasers, and declared at the time of sale. For further particulars, application may be made to Mr. Benjamin Hatcher, Manchester, or to Mr. Thomas Wilson, Richmond.
JAMES STRANGE.
Petersburg, 15th May, 1804. [3]
Spring Goods.
WILLIAM TEMPLE
HAS just received by the ship Rebecca, from London, and Yorkshire from Li- verpool,
AN ASSORTMENT OF GOODS,
Suitable to the season, which he will dispose of on the usual terms.
Richmond, May 9th. tf. (1)
The following Six Hogsheads of
TOBACCO,
now lying in Dymers's Ware House, will be sold according to Law:
1800, January 10th—Judith Kelly, marked I. K. No. 5, Gross 111, Tare 114, Nett 997.—1801, January 9th, do. do. No. 10, Gross 1190, Tare 113, Nett 1077.— January 23, William Diggs, marked W. D. No. 17, Gross 1163, Tare 130, Nett 1045.—Do. John Brent, marked I. B. No. 21, Gross 1083, Tare 137, Nett 946.—Ja- nuary 30, George Brent, marked G. B. No. 25, Gross 1179, Tare 146, Nett 1033. March 13, Spencer George, marked S. G. No. 43, Gross 1053, Tare 106, Nett 946. THOMAS HURST, } Inspector. WM. MEREDITH, } May 19.—14w3m