The enquirer (Richmond, Va.), 1805-04-30 00:00:00

THE ENQUIRER.
RICHMOND, (Virginia) PUBLISHED BY RITCHIE & WORSLEY, OPPOSITE THE POST-OFFICE...AT FIVE DOLLARS PER ANNUM...payable in advance.
NUMBER 111.]
TUESDAY MORNING, APRIL 30, 1805.
[VOLUME I.]
Richmond Prices Current.
   D. C. D. C.     TOBACCO : 5 50 a 6   FLOUR : superfine : 10 50 a 11    fine : 9 50 a 10    middlings : 8 50 a 9   WHEAT : 1 75 a 2   INDIAN CORN : 5   WHISKEY : 50 a 60   BACON : 18   HEMP : 170 180   BAR IRON : 110  
FISHER & LESUEUR,
HAVE JUST RECEIVED, A LARGE SUPPLY OF
GROCERIES, viz:  Muscovado Sugar  Pepper, Pimento, Cloves  Beet Green Coffee  Nutmegs, Mace and  Double and single refined  Cassia  Loaf Sugar  Madder, Brimstone, Al-  Retal Molasses and Tre-  mun and Copperas  kle  Spanish & Bengal Indigo  Old Antigua, Jamaica,  Spermaceti Oil  Santa Cruz, St. Kitts  Coloring  and N. E. Rum  Pickled Salmon and Cod  Old Cogniac Brandy  Fish  Holland Gin  New-York Candles and  Madeira, Port, Sherry,  Soap  Teneriffe and Malaga  Gun Powder  Wine  Patent Shot from 1 to 18  Bottled Port and Claret  Thomas Leiper's Snuff  Caldwell, Fraiture & Co's  Maccaba do.  superfine Chocolate  Porter Corks  Young Hyson, Souchong,  Gin Cales  Imperial, and a few ca-  Demijohns  nisters containing 1 1/2 lb.  Cut qt & pint Decanters  Gun-powder Tea  Plain qt & half pint do.  Scotch Barley  Plain and cut half pint,  Fresh Oil and Olives  pint & quart Tumblers  Balke Salt  Cut Jelly Glasses  Fresh Malt  China Bowls from 1 pin  Spanish Segars  to 6 quarts  Martinique, Noyau and  Tea and Coffee Cups and  Bordeaux Cordials  Saucers  Box Raisins & Almonds  Patent Night Lamps.  Race & ground Ginger 
ALSO A QUANTITY OF GERMAN OSNABURGS & TICKLENBURGS.
All of which were selected for this market by J. Fisher, and will be sold Wholesale and Retail on moderate terms. March 30. (copf)
Auction Sales.
THOMAS TAYLOR & Co.
WILL in future sell at the store occupied by M. W. Hancock & Co. on Wednesdays in each week; and at their office, on Tuesdays and Fridays as usual. Dec. 1, 1804. eptf
BROKER'S OFFICE.
THE Subscriber has opened a Broker's Office, opposite the Union Tavern, and over the Counting-house of Thomas and Amos Ladd. All business confided to him, will be transacted with strict fidelity.
THOMAS NORVELL. He has for sale a few shares in the MANCHESTER TURNPIKE. Also Old State Certificates, bearing six per cent interest. March 12. tf
BURR MILL STONES, of all sizes; and PLASTER OF PARIS, of an excellent quality, FOR SALE, as usual, by WILLIAM DAVIDSON, near the Market. Dec. 4. [eptf.]
SPANISH HIDES.
FOR Sale, a large quantity of prime Spanish Hides, on moderate terms. Apply to the subscriber opposite the Post-Office, Richmond. MICAJAH DAVIS. 4th Mo: 4th. tf
CASH WILL be given for 12 or 15 BOYS, from 7 to 15 years old. Enquire of the Printers. Dec. 15. [eptf.]
DOCTOR WILSON received yesterday a supply of Peruvian Bark, Castor Oil and Salps, all of the best quality. He also has Calomel, Rheubarb, Senna, Manna, Rochelle and Glauber Salts, Tartar Emetic, Ipecacuanha, Opium, Elastic and Silver Cutbeters, Elastic and donnon Bougies, &c. &c. &c. He designs to keep a supply of the best Medicines that can be procured, and flatters himself that his acquaintance with Medicine, will entitle him to a share of public patronage. Persons of needy circumstances by paying the retail prices of his Medicines, will be preferred for gratis. October 31. eptf
VALUABLE PROPERTY FOR SALE.
THE subscriber wishing to turn some real property into more active use, would sell, on terms highly advantageous to the purchaser, A TENEMENT on the cross street near the Malters' Hall—pleasantly situated for a family. TO RENT, a Store and Counting Room, a few doors below the market house, at present occupied by Benjamin Hooper. Possession will be given the 16th of May; the stand is, for a grocery, inferior to but low in the city. M. GRANTLAND. April 13.—(4toaw.)
VALUABLE LANDS—FOR SALE. I WISH to sell a HALE SHARE in the Canal Swamp Company—also, SHARES in the Canal from Albemarle Sound, to Elizabeth river—Also, one third of three Tracts of LAND, lying on Nonsemond river near Suffolk, the three tracts amounting in the whole, to about 1200 acres. Any person inclined to purchase, may be informed of the terms of sale by directing a letter to the subscriber, living near the post-office at Lindsey's store, Albemarle county. FRAS. WALKER. March 30.—(2aw6w.)
FOR SALE, An elegant CARRIAGE HORSE, a fine sorrel, 15 hands high, six years old. Enquire of the Printers. April 26. (2f)
JUST RECEIVED, AND FOR SALE BY THE SUBSCRIBER, Four hundred pieces Hous. Paper, Philadelphia Beer by the barrel, a small quantity of well quality New-Eng and Cheesec, also two barrels Corn. EDWARD HALLAM. April 6.—(1aw1f.)
NEAL NELSON, BOOT & SHOE MANUFACTURER,
MAKES Boots & Shoes to any pattern or fashion, equal in point of MATERIALS and WORKMANSHIP to any in general use. Imported Boots and Shoes, of the best quality and newest fashion, for sale. Gentlemen at a distance, who are disposed to forward me their measure, by paying attention to the annexed cut, can be fitted with Boots or shoes as well as if they were on the spot. A—the length of the Boot—B—round the Calf—B—the pitch of ditto—C—round the heel and instep—E—round the instep—G—across the ball of the foot. Fix the heel against a perpendicular, and stick a knife at the end of the great toe—set down in figures the number of inches and quarters, in the different measures. January 1. eptf
IN CHANCERY.
Williamsburg Hustings Court, February 25, 1805. John Coke, administrator de bonis non of Samuel Coke, dec'd. Against Robey Coke and Samuel Coke, Defs. THE Defendants, not having entered their appearance, and given security according to the Act of Assembly, and the rules of this Court, it appearing to the satisfaction of this court, that they are not inhabitants of this state; on the motion of the plaintiff by his counsel, it is ordered that the said defendants do appear here on the first day of June Court next, and answer the bill of the complainant, and that a copy of this order be forthwith inserted in the Enquirer printed in Richmond, for two months successively, and another copy posted at the front door of the Court-House of this city. A Copy, Teste, WILLIAM RUSSELL, c. c. March 28.—(eth2m.)
VIRGINIA.
At a Superior Court of Chancery, held in Richmond the 23rd day of March, 1805.
Between James Anderson and Philip Thurman, merchants & partners under the firm of James Anderson and company. Plaintiffs. And Bernard Markham, & Francis Offburne, executor of George Markham dec'd. Defendants. THE defendant, Bernard Markham, not having entered his appearance, and given security according to the Act of Assembly, and the rules of this court, it appearing to the satisfaction of the court, that he is not an inhabitant of this country; on the motion of the plaintiffs by their counsel, it is ordered that the said defendant do appear here on the 22nd day of the next term, and answer the bill of the plaintiffs, and that a copy of this order be forthwith inserted in some newspaper published in the city of Richmond for two months successively, and posted at the front door of the Capitol in the said city. A Copy, Teste, P. TINSLEY, c. c. March 26. (e tu 2 m.)
IN CHANCERY.
At a court of quarterly session, held for Cumberland county, the 25th of February, 1805.
William M. Allen, and James Cody, merchants and partners acting under the firm of Allen and Cody, Plaintiffs. Against Joseph Brady, John Brady, Martin S. Davenport, executor of David Davenport dec'd, Francis Davenport, & Jesse Dowdy. Defendants. THIS day came the plaintiffs by their attorney, and the defendants Joseph Brady, & John Brady, not having entered their appearance, and given security according to the Act of Assembly, and rules of this court, it appearing to the satisfaction of the court, that they are not inhabitants of this state; on the motion of the complainants by their counsel, it is ordered that the said defendants, Joseph Brady and John Brady do appear here on the first day of April court next, to answer the complainants' bill, and that a copy of this order be forthwith inserted in some one of the newspapers published in the city of Richmond, for two months successively, and posted at the front door of the Court-House of this county. A Copy, Teste, SAMUEL HOBSON, d. c. c. March 26.—(e tu 2m.)
VIRGINIA.
At a Superior Court of Chancery held at the Capitol in the city of Richmond the 23rd day of March, one thousand eight hundred and five—
Between James Brown Plaintiff, And Edward Dudley, Mary Payne, Aaron Fontaine and John Hancock, Defendants. THE defendants Mary Payne, Aaron Fontaine and John Hancock, not having entered their appearance and given security according to the act of Assembly, and the rules of this court, it appearing to the satisfaction of the court, that they are not inhabitants of this country; on the motion of the plaintiff, by counsel, it is ordered that the said defendants do appear here on the first day of the next September term, and answer the bill of the plaintiff, and that a copy of this order be forthwith inserted in some newspaper published in the city of Richmond for two months successively, and posted at the front door of the Capitol in the said city. A Copy, Teste, P. TINSLEY, C. C. April 25.—ep2m. W. R.
ELOPED,
ON the 6th day of March last, a Negro Man Named EMANUEL, twenty one or two years of age, about five feet three or four inches high, stout made to his height; he has a fear across one of his cheeks, and one on his head, on which the hair is entirely off, rather of a yellowish complexion, has a smiling countenance when spoken to, a broad set of fore teeth; he is a very sensible fellow, waited as a servant upon Powhatan Bolling, Esq. dec'd. from whom I purchased him. I will give a generous reward besides what the law allows, to any person that will apprehend the said servant, and deliver him to me in Amherst county, about four miles from Lynchburg, or secure him in an I. so that I get him. I expect he will endeavour to pass as a freeman. I forewarn all persons from harbouring, or employing of him, all matters of vessels from taking him on board, and others from harbouring him, as I am determined to prosecute as the law directs. PHILIP JOHNSON. April 19. 4t
FOR DUBLIN,
The ship Cabinet , James Woodard, master; she has good accommodations, and will sail about the 10th of May. For passage only, apply to the Master on board, to D. Bedinger, Portsmouth, or to SOLOM. BEDINGER, Norfolk. April 26.—(cp2w)
THE CELEBRATED WARM SPRINGS IN VIRGINIA.
THE subscribers have taken a lease of ten years, of the highly celebrated MEDICINAL SPRINGS in the county of Bath, called the Warm Springs, so justly famed for their great cures and general relief in many complaints. THEY are now preparing every necessary comfort and accommodation to suit the amusement of those who have health, (and to promote the recovery of those who want it,) and it is deemed necessary to make these things widely known, because complaints have heretofore been made against the entertainment which has been offered. Preparations are made for at least one hundred constant boarders, besides transient guests, for the accommodation of which, the subscribers will make all possible exertions; and they flatter themselves, that those who may place confidence in this advertisement, will not find the smallest cause for regret or complaint. ROBERT & GEORGE TURNER. The Editors of the National Intelligencer and Baltimore Federal Gazette, are requested to insert the above four times in their respective papers. March 28.—(ep6w.)
The public are hereby notified, that on Tuesday, the 2d day of May next, (if fair, if not, the next fair day) will be sold publicly, at this place:
ALL the moveable estate of John J. Grosjean, deceased, (the Negroes excepted) consisting of a well built fast sailing Schooner, of about 50 tons burthen.—The stock of GOODS on hand, which were sufficient for a country store—Also a CHARIOT and RIDING CHAIR; the stock of HORSES and CATTLE, and all the HOUSEHOLD and KITCHEN FURNITURE, and twenty other articles too tedious to mention. The terms of sale will be twelve months credit for all sums above ten dollars, the purchasers giving bond with approved security, to pay interest from the date; but if the principal is punctually paid, the interest will be remitted. At the same time and place will be hired for the balance of the year, four NEGRO MEN belonging to the said estate, three of whom are factors. MARY GROSJEAN, Adm x . New-Castle, 2d April, 1805.—(tds.) N. B. All those having claims against the said estate, are requested to bring them in properly authenticated for settlement, and those indebted are requested to come forward and make payment to MARY GROSJEAN, Adm x .
TO BE SOLD—FOR READY MONEY,
In pursuance of a decree of the Circuit Court of the United States, between Princess Bend, attorney for the creditors of Ezekiel Edwards, plaintiff, and David Ross, and others, defendants, in order to raise the sum of 7000 dol. 40 cents, with the expenses of sale. A NUMBER OF SLAVES, and so much of that valuable Estate in the county of Campbell, known by the name of the OXFORD IRON WORKS, as may appear sufficient to raise the said sum of money and the said expenses; the said land being now in the occupation of the said David Ross, and the slaves aforesaid, being on the land. The sale will take place at the Oxford Iron Works in the county of Campbell, on Thursday the 11th of April next. The slaves are represented to be very valuable. The land is so well known, as to render a description unnecessary. BEN. MOSBY, D. M. for JOE SCOTT, M. V. D.
At the request of Mr. Ross, the sale of the property above mentioned, is postponed until Thursday the 9th day of next month. April 8. im
IMPEACHMENT OF JUDGE CHASE.
TUESDAY, FEBRUARY 19.
(Continued.)
Mr. Harper. I will now offer in evidence the book containing the charge of Judge Chase at Baltimore which has been proved to be the one from which he read his charge; perhaps it will be unnecessary to read it, as it is left on file, and we will to save the time of the court. The written book was then returned to the clerk's table.
Mr. Harper said he wished to ask a question of Mr. McMechin.
Mr. McMechin was called, and Mr. Harper enquired if he had rightly understood him, when he said that a few minutes after he had left the court room he met Mr. Montgomery on the stairs, and Mr. Montgomery stated to him that Judge Chase would be impeached. Did Mr. Montgomery at that time lay for what he would be impeached, or that he would be impeached for reflecting upon the administration?
Mr. McMechin. He said the judge would be impeached, but I do not recollect that he said any thing about his being impeached for reflecting upon the present administration. I thought he felt hurt on the subject of the alterations in the judiciary of Maryland, which had been much talked of, and for which he had been an advocate in the state legislature.
Mr. Harper. In order to show that it is the custom in this country to deliver political charges from the courts to the grand juries (a practice which I am ready to admit is incorrect) I wish to be indulged in a narration of what has been the practice, and then this honorable court will be convinced that it did not originate with the present respondent, but that he follows the tract which had been a long time marked out. For this purpose I refer to several transactions which have taken place. First in the year 1776, on the 27th April, an address was made to the grand jury in the state of South Carolina by Wm. H. Drayton, (1st vol. of Ramsay's history of South Carolina, page 108.) A further evidence that the custom obtained is derived from the address of the executive council of Pennsylvania, wherein it is recommended that the judges of the supreme court make mention in their charges of various subjects of a political nature; it is under date of October 8th 1785. Am. Museum, Vol. 1, p. 228. I will also offer in evidence, a charge delivered by Judge Iredell in Pennsylvania, previous to the trial of Price in 1799—I will adduce that part only which may be denominated political.
(Mr. Harper here read extracts from Fries' trial.)
I will also offer in evidence the general notoriety of the practice in this country for thirty years past, to enforce from the bench political
principles, & to defend political measures; a practice which we contend universally prevailed.
I will submit a paper yesterday referred to as evidence on the 7th article; a charge delivered by chief justice M'Kean on the 27th November 1797.—In this charge the learned judge, whose eulogium has been so boldly pronounced, discusses the doctrine of libels, and after a variety of pertinent observations, goes on as follows:
(Mr. Harper here read extracts from the above charge.)
Exhibit No. 7, contains extracts from the Mirror of the Times, which are offered for the purpose of verifying the statement of the respondent; the first is contained in the paper of Wednesday February 5, 1800, and the second in that of Feb. 8th.
Mr. Randolph. The exhibits are those which accompanied the respondent's answer and pleas.
Mr. Martin. They are, and we here close our testimony, adding only the letter of Governor Claiborne, who has acted on the same principles, and given to the world his political opinions on various subjects.
Mr. Randolph. One of our witnesses has arrived in town, and we wish that he should be called.
THOMAS HALL was called and sworn.
Mr. Nicholson. Was you at Baltimore when the charge was delivered by Judge Chase, and do you recollect the language he made use of in addressing the grand jury?
Mr. Hall. I do not recollect the particular language used—I paid very little attention to what was there transacted.
Mr. Nicholson. Do you recollect the subjects generally, on which he spoke?
Mr. Hall. I have a general impression, but I cannot be particular.
Mr. Nicholson. Did he mention the present administration as weak and feeble?
Mr. Hall. My impression is that he mentioned them, or I inferred it from what was said.
Mr. Nicholson. Did he mention them in such a way as to cast an odium upon them?
Mr. Hall. I could not identify the language of Judge Chase even if it were laid before me.
Mr. Nicholson. Do you recollect his recommendation to the jury to use their exertions to prevent the passage of particular laws?
Mr. Hall. I think he used language in substance to that effect.
Mr. Nicholson. In what way did he speak of the administration?
Mr. Hall. I do not recollect particularly the manner.
Mr. Nicholson. Is it your general impression that he mentioned the administration?
Mr. Hall. I think he did, or else I inferred it from what he said.
Mr. Randolph. Although you do not recollect the precise expressions of the judge, you inferred from what he said that his design was to convey to the bye-standers the idea that the administration was weak or wicked?
Mr. Hall. Yes, Sir, those are my impressions.
Mr. Nicholson. Were you on the jury?
Mr. Hall. Yes, Sir, I was on the petit jury.
Mr. Rodney here added a list of the grand jury for the circuit court held in the year 1800 in the state of Delaware.
Mr. Randolph wished that Mr. George Hay might be called to explain part of his testimony, that part which related to the conversation between the marshal and himself, when the former was in pursuit of Callender.
Mr. HAY was accordingly called and appeared.
Mr. Randolph. Did you endeavor to dissuade the marshal from the execution of his duty in the arrest of Callender?
Mr. Hay. I certainly did not, and Mr. D. M. Randolph could not mean to convey to this honorable court that idea. I should have been prevented from doing this by two considerations, one exclusively relating to myself, which I need not explain, the other, that I had a better opinion of Mr. Randolph than to suppose he would listen to any such suggestions. I did tell him that in my opinion he would not be able to get Callender, as I understood that he had attempted to make his escape, and that in the place in which he was, it would be impossible for the marshal to discover him.
Mr. Randolph. Did you mention to him that he (Callender) would surrender at the next term?
Mr. Hay. I am not certain, but I believe I did.
Mr. Randolph. Were you at that time retained as counsel for Callender?
Mr. Hay. I was not retained as his counsel at that time, nor ever after; but I intended to appear in his defence for the sake of the cause & not for the man.
Mr. Randolph. Were you averse to proceed in the trial at that term for any particular reason?
Mr. Hay. I did not wish to appear before Judge Chase, from an impression that had been made on my mind in conversations with persons who knew him. I conceived it would be an unpleasant business for me to carry into execution the intention I had formed to defend Callender. This impression arose principally from the conduct the judge had manifested towards Mr. Lewis and Mr. Dallas, on the trial of Fries at Philadelphia. He had there, as I understood, restrained them from managing the defence in the way which they thought proper. I did not expect any greater indulgence or advantage than had been allowed on that occasion. I had therefore made up my mind to meet all the exigencies of the case with temper but with firmness. The conduct of the Judge in the trial of Mr. Thomas Cooper, had also its weight upon my mind. A great deal was said about the judge's conduct on that trial, whether correct or no I do not say; but it made me unwilling to appear as counsel before Judge Chase, though I was perfectly willing to undertake Callender's defence at the next term, before any other judge.
Mr. Randolph. What was the political complexion of the jury which tried Callender?
Mr. Hay. I am not personally acquainted with the gentlemen who composed that jury. I believe some of them did not live in the city of Richmond, but the impression on my mind was, and still is, that all the persons on the jury were not only opposed to Callender, but decidedly so; and were distinguished for the warmth of their political sentiments.
Mr. Randolph. Are you acquainted with
colonel John Harvie, what is his political character?
Mr. Hay. I know colonel Harvie, but what is his political character I do not know, I lived at Peterburg and he at Richmond. I only knew that it was said that he did not vote with the republican party.
Mr. Randolph. Are you acquainted with Mr. William Radford, what are his politics?
Mr. Hay. He was ranked among those called moderate, but I am not well enough acquainted with him to decide upon his political character.
Mr. Randolph. Are you acquainted with Mr. Marks Vanderval, and what is his political character?
Mr. Hay. He is a very reserved man, but has been uniformly regarded as a republican, though not a zealous one.
Mr. Randolph. In criminal actions, did you ever hear of a bill of exceptions being filed in Virginia?
Mr. Hay. Never, Sir—there can be no such thing, it would answer no purpose—because from a criminal court there is no court which has appellate jurisdiction—there is none even in cases of misdemeanor.
Mr. Randolph. But cases are adjourned from the district courts to the general court.
Mr. Hay. There is a particular process for that purpose, criminal cases are not carried up after trial, for the decision in that case is final; but if the district court are unwilling to decide, it is then carried up to the supreme court.
Mr. Harper. I understood you to say that it was your intention to argue the point. What point did you mean?
Mr. Hay. I meant to contend against the constitutionality of the second section of the sedition law.
Mr. Harper. Did you not mean to argue it before the public, although you knew it would be unavailing, if addressed to the court. Did you mean by that argument to acquit the transfer, or to produce a political effect out of doors?
Mr. Hay. I meant to address my arguments to the court; if they should work the acquittal of the transfer, or operate any wife in his favor, it was a thing to be desired; if they should affect the public mind, that too was a desirable circumstance.
Mr. Harper. Talk you now whether you did not say to the marshal that Callender could not be defended, and that your object in requiring a continuance of the cause, was to gain time, and bring the trial nearer that period in which it was probable that he might get a pardon.
Mr. Hay. I have no recollection of having said any thing of this kind, but if Mr. Randolph (the marshal) says that I expressed myself to him in that manner, I shall not contradict him.
Mr. Harper. I understood him to say so in his testimony.
Mr. Hay. I do not recollect it.
D. M. RANDOLPH was called in by Mr. Harper, and asked whether Mr. Hay had not told

contemplated alteration of the judiciary law at state; I did not mean to state that he Mr. Jefferson was weak or feeble, but that the administration or the government was so. This is the impression I then had, and now have with respect to that part of the charge. But I did not then say, nor do I now, that I use the precise words of the judge; but I think I follow his spirit and his meaning.
Mr. Nicholson. At the concluding part of the charge did Judge Chase recommend to the jury when they returned home to use their influence to prevent the passage of the judiciary bill, or was that an inference from what he delivered?
Mr. Montgomery. That part of the charge was in the express words, and not an inference at all. I recollect that shortly after I had a conversation with several gentlemen, who concurred with me in opinion that these expressions were used; and I recollect that on the very day the charge was published in the Anti-Democrat, or the day after, I called these expressions to the recollection of the son of Judge Chase, and observed that these parts were omitted in the printed statement.
Mr. Harper. I am desired by judge Chase to make of this honourable court the request contained in the following letter, which I will read:
Mr. Harper here read the following letter of judge Chase:
Mr. President, The state of my health will not permit me to remain any longer at this bar. It is with great regret I depart before I hear the judgment of this honourable court. If permitted to retire, I shall leave this honourable court with an unlimited confidence in its justice; and I beg leave to present my thanks to them for their patience and indulgence in the long and tedious examination of the witnesses. Whatever may be the ultimate decision of this honourable court, I console myself with the reflection that it will be the result of mature deliberation on the legal testimony in the case, and will emanate from those principles, which ought to govern the highest tribunal of justice in the United States. The President observed that the rules of the senate did not require the personal attendance of the respondent; whereupon Judge Chase bowed in a very respectful manner, and withdrew.
Mr. HAY came again to the bar to explain the motives which induced him to undertake the defence of Callender. He said he was not without some hope that his arguments against the unconstitutionality of the sedition law, although they would not be conclusive with the court, would nevertheless have some weight with the jury, and might operate to produce the acquittal of Callender.
Mr. Randolph. On behalf of the managers, I have to request of the court, that further proceedings in the trial be postponed until to-morrow, in order to give those gentlemen who follow, time to digest, compare, and collate the great volume of testimony which has been given. We shall be ready to proceed to-morrow. There is also another reason for this request; we expect hourly some important witnesses, and are in hopes that they will make their appearance in town before the next meeting of this court. If however, this should not be the case, we shall proceed without them. If they come, we presume we shall be permitted to take the benefit of their testimony.
President. I understand that gentlemen have nothing further to offer.
Mr. Randolph. Not, sir, at this time. Mr. Harper. I beg leave to state that we do not join in the motion for a delay, though we do not oppose it.
President. Is the course of the arguments on each side understood? Mr. Nicholson. We understand that the managers will open; that reply will be made by the counsel for the respondent; and that the managers will then close.
Mr. Key. This is the usual course, and we have no objection to it. The court then rose.
WEDNESDAY, FEB. 20.
Present, the managers, accompanied by the House of Representatives in committee of the whole, and the counsel of judge Chase.
Mr. Nicholson. We expected a witness from Virginia; but he has not arrived; a witness however, from Maryland is present, whom we wish to examine.
PHILIP STEWART—sworn.
Mr. Nicholson. Was you a member of the grand jury summoned to attend the circuit court held at Baltimore in May 1808?
Mr. Stewart. I was.
Mr. Nicholson. Do you recollect any particular expressions used by judge Chase in his charge to the jury?
Mr. Stewart. I have but an imperfect recollection. I have never seen the charge, nor have I heard it read since it was delivered.
Mr. Nicholson. Had you not some reason for attending to the charge, other than your duty as a grand juror?
Mr. Stewart. There were some things which struck my mind with some force.
Mr. Nicholson. Had you not been a member of the legislature of Maryland?
Mr. Stewart. I had.
Mr. Nicholson. Did he not throw some censure upon the members of that state legislature?
Mr. Stewart. I felt something of the kind, but I cannot tell his expressions.
Mr. Nicholson. Do you recollect his speaking of the sons of some gentlemen who had assisted in framing the constitution of Maryland, what were his expressions?
Mr. Stewart. If I were to hear the charge read I could perhaps point them out.
Mr. Nicholson. I will state the question more precisely. Did he use the words degenerate sons , did he apply that epithet to the members of the legislature?
Mr. Stewart. To the best of my recollection he did, he spoke of degenerate sons of fathers who had formed the constitution of the state, which they were about to destroy by the introduction of the general suffrage bill.
Mr. Nicholson. Did he recommend to the grand jury when they returned home, to use their influence to have such men elected as would vote against the judiciary bill then pending before the legislature?
Mr. Stewart. I do not recollect.
Mr. Harper. I will ask you for, whether the word degenerate was inferred by you, or did you actually hear it?
Mr. Stewart. I believe I heard it. Mr. Martin. Have you ever seen any publication of the charge?
Mr. Stewart. I have not. President. If no further witnesses are to be heard, I would enquire whether gentlemen think it necessary to detain those who have been sworn?
Mr. Nicholson. It is possible that gentlemen may want some of the testimony; to dispute on that point the witness may be discharged.
There is a list of the grand jury at the circuit court in Delaware;
I do not know for what it is filed; until we are informed on that point we shall be under the necessity of detaining the witnesses from that state. It is intended to show that there were men of different political sentiments on that jury?
Mr. Rodney. We have nothing more to prove from that list than what has already been stated.
Mr. Harper said the counsel for the respondent, would have no objection to discharging all the witnesses; but must object to discharging a part of them.
The President. If the gentlemen do not agree upon the discharge of the witnesses, I will take the sense of the senate on the point.
Mr. Harper. The particular situation of Mr. Thilighman's family requires his return to Philadelphia. I must therefore request that his further attendance be dispensed with.
The Managers consented, and Mr. T. was discharged.
The question was then taken by the President on the discharge of all the witnesses, and lost—there being 16 votes in the affirmative, and 17 in the negative.
Mr. Rodney requested the discharge of the witnesses from Delaware; which being consented to by the respondent's counsel, they were discharged accordingly.
It may be proper to notice that, from time to time, during the trial, witnesses were discharged with consent of the parties.
(To be continued.)
East-Indies.
LONDON, February 27.
The opinion that the Rochefort squadron is destined for the East-Indies is by no means an irrational one. If that quarter should prove to be their destination, Bombay will probably be the point attacked, because it is contiguous to the territories of Holkar and Scindia; and it will be seen by the following extract of a letter from Bombay, that the French keep up an intimate correspondence with Holkar:
"Cruizing on the Malabar coast in his Majesty's ship Florenzo, we took a French Chasse Maree, after a desperate resistance, in which the enemy experienced considerable loss, without a life being lost on our side. Small as this vessel is, her capture, which was a very gallant business, may be of more importance than at first sight appears to belong to it. She was in all respects a small man of war, and had been fitted for a purpose of landing three French officers, to endeavor to stir up the Mahratta chieftains to war. They had been put on shore before we fell in with the vessel, and she was on her return with dispatches, which were thrown overboard as we were rowing towards her. Our Captain, as soon as he found what business they had been upon, with his usual activity and zeal in the service, sent off expressies in various directions, by which means the three officers, and their dispatches, were caught at Poona."
European Intelligence.
FROM THE PARIS ARGUS.
Spain presents at this moment a spectacle worthy of fixing the attention of statesmen. It cannot be sufficiently admired that at the moment when the English ministry thought the Spanish government benumbed by a long report, overwhelmed by the wasting scourge of contagion, cast down by the loss of some ships, and discouraged by being robbed of some millions, that government, superior to the calamities which it has experienced, should announce itself on a sudden upon the stage of the world with the lustre which distinguished it in the 15th and 16th centuries. The English ministry have discovered their error too late, by driving to extremities a nation naturally generous, which only requires commanders like the Prince of Peace to replace itself soon in the rank of the most warlike nations. It is not the treasures of Mexico which constitute the bravery and greatness of a people. It was when Spain had raised herself to the summit of her glory and power that she conquered Mexico, which she was in no need of to enable her to give laws to the rest of Europe. Some great politicians have dated her decline from that immense conquest, they have discovered in it the curse of her depopulation, of the decay of her agriculture, and of the weakening of the national valour. We shall assign further cause for the decline. Spanish valour shone with great lustre even in the 17th and 18th centuries: whenever the government has wished to make brave men, it has made them: whenever it has honoured bravery, it has honoured warriors. The Spanish army amounts to above one hundred thousand men; the navy may be computed at about sixty ships of the line; this military establishment does not exceed her population, which the most moderate calculations raise to ten millions. Most of the powers of Europe have a more numerous army, and yet their population is more numerous in proportion to the extent of their country. It is not then in the great number of soldiers that the successive depopulation of that country is to be looked for; when it was a prey to war, it was more populous. The war of the revolution, so terrible in appearance, which has raised so many men, which has cost so many lives, does not however, appear to have diminished the population of France. The new statistical statements already sent by the prefects, announce, on the contrary, an augmentation. Rome almost always at war in the finest days of her glory, saw her population augmented at every census made of it: so true it is that there are other causes of the decline and fall of states! Neither is it the finances of the Spanish government which have weakened it; its annual receipts exceed its expenses by some millions of dollars, & its public debt amounted, in 1789, only to 150 millions of dollars, very little beyond the revenue of a single year. Thus, in considering the political geography of Spain, we see that she still possesses within herself all the seeds of greatness and prosperity. Her situation secures her from foreign invasions as long as she remains united with France, from which country nature has separated her by a barrier, only the better to secure the mutual independence and friendship of the two nations. It is a happiness for the Spanish nation that its government has lost its pretensions to the two Sicilies. That source of exhaustion being shut, has afforded the means of employing more usefully the riches and courage of the nation. Spain, defended by the two seas, possesses more than the necessary strength to make war with success against England, and at the same time far more than is requisite for the defence of her colonies. A signal from the government will restore to the nation the energy which it seemed to have lost. It has been a maxim among all nations which have acquired renown in arms, that there is no honour unless for those who have fought for their country; such has ever been the source of nobility in monarchies and of honours in Republics. This sentiment has supported France at every perilous crisis, she has stood in, under Charles VII. under Henry III, under Lewis XIV. and through
out the whole of the revolution. It was by it alone that Spain shone under Ferdinand and Charles V. This military spirit is become more necessary to every nation in the present state of Europe, not to make conquests, but to maintain its rank, to be able to develop at full liberty all its particular means of industry and of prosperity. The cabinet of St. James has never ceased to attack France with the sword; by this it has only kept up her courage and redoubled her emulation: it has taken up against Spain and Portugal arms in appearance less offensive, but in reality more dangerous and deadly; it has excited the cupidity of private people, whilst it has lulled the nations asleep; it has made them believe that the safety of the country depended on the importations of foreign treasures; it has nourished indolence; encouraged idleness, and attacked the prosperity of the state in its first source; and the two nations, thinking they owed every thing to the complaisance of England, have bent a servile head to her lowest agents. But at length British pride has betrayed itself by too much insolence and fury. The Spaniard has felt that he was born for independence. This revolution announces itself by brilliant characters; in the energetic address of the Prince of Peace; and it is to have already vanquished, thus to know how to prepare for victory.
LONDON, February 29.
BRITISH MINISTRY.—The strength of the British ministerial party and of the opposition, was tried in both houses of parliament on the 11th February, when an address in favor of ministry was moved in relation to the rupture with Spain, and after production of the important papers detailing the negotiation between the two countries. The address was carried in the house of peers by 114 against 56—ministerial majority 78. A similar address being on the same day moved in the house of commons by Mr. Pitt, an animated discussion took place, which lasted till 2 o'clock on Tuesday morning—the debate was then adjourned till the afternoon, when it was resumed and continued till a quarter past six o'clock on Wednesday morning, when the house divided—for the address 313, against it 106—ministerial majority 207.
The Island of Malta is stated in late accounts to be in a situation of high defence. Above fifty very valuable Spanish prizes had been captured and carried in there, within a short time after the news of the war. Among them were four transports containing a Spanish regiment of infantry 800 strong, and quite complete, that had embarked at Barcelona for Minorca, and were captured by the Superb, a British 74, just as they were entering the port of Minorca. The troops in garrison at Malta are as follows—
  Men.   Royal Artillery 500   20th regiment 800   27th do. 1050   37th do. 1000   61st do. 800   De Watteville's do. 700   British chasseurs 500   Low's Corsican corps 500   Two Maltese regiments 1000   Total, 6,850 
Domestic Intelligence.
WORCESTER, (M.) April 17.
THE ELECTION.
No reprieved culprit ever discovered more joy, no "acquitted felon" more ecstasy, than have the federalists at the supposed event of the late election.—From their boasting exultation, one would imagine, that they had achieved some mighty exploit—that some wonderful revolution in their favor had taken place in the public mind. Nothing can more perfectly prove their miserable and forlorn condition, than the eagerness with which they cling to this last lingering hope. So accustomed to defeat are they, that at the least semblance of a victory, even when their loss exceeds that of their opponents, they are buoyed up to a pitch of farcical exultation. What is the occasion of this bragging and boastful style? Why, forsooth, the Federal incumbent in the office of Governor is re-elected, by less than half the majority, which he had last year.
After the most unprecedented exertions, in conjunction with the most unprincipled measures, the Federalists have been obliged to compound with a diminution of their majority greater than the majority which is left them. In the towns now heard from, the majority is 2,787. In the same towns last year, the majority was 5,819. Difference in favor of Republicanism 3,032. This estimate is made without reference to the great increase of votes, which, of course, would seem to require a proportionable increase in the plurality. Suppose the same change should take place, in the course of another year, which party would have the advantage? We leave this very abstruse calculation to sober minds of those bony tois politicians, who seem absolutely to have run wild with joy, at the vast and astonishing increase of Federalism.
SALEM, April 12.
Several vessels, lately arrived, have passed through large shoals of fish, on soundings, floating upon the surface of the water. One vessel was near three hours in clearing them. Captain Dochindorf, arrived at Boston, hove to his boat, and took in several by hand, of two kinds. He thus describes them:—"The large fish 3 feet long, 11 inches across just below the head; 3 1-2 inches thick; a flap or comb near the head, on the top of the back; a small fin the whole length of the back; nearly a swallow tail; two fins just below the head, on the belly; a fin on each side and near the head; the head large and thick; the back, sides and fins of grey, yellow and white regular speckles; the belly of faint gold color and white; the jaws something like a shark's, with large and small teeth."
NEW-YORK, April 19.
In Saturday's Gaz. we stated, that a French general was killed on the ramparts near St. Domingo. This is incorrect.—Captain Paddock informs that it was a Brigand general killed from the ramparts.
W. T. Lake, commander of the frigate Taz, has captured the French privateer general Angereau, mounting 14 twelve pound carronades, and 88 men.
A letter from Bordeaux, of January 30th, says, "The Society of Public Instruction, in this place, have elected Mr. Lee, the American Consul, one of its members. This is said to be in consequence of some communication he made to the President of the Commercial College, on the advantage of Commerce between the United States and France."
Captain Bacelus from Martinique, informs, that the day he failed an embargo which lasted three days was taken off. The embargo was laid in consequence of the French fleet having failed from Fort Royal, Martinique; their destination was not made known.
MEMORANDA.
"I Enoch Toby, master or commander of the Amer. American Lady, of Freetown, Mass. failed
from Newport the 5th of November last, for North Carolina; where I arrived, and landed my cargo, and took in a cargo of staves and shingles for Jamaica, and failed on the 14th of January, and arrived safe on the 29th; sold my cargo, and took in a cargo of rum and cash, and failed the 16th of Feb. for N. Carolina again; and on the 20th of the same month, at 7, A. M. distance 5 leagues, I was brought to by a small privateer boat, mounting one large swivel gun, and manned with about fifteen men, chiefly Spaniards, under French colors, who took possession of my vessel, and carried her to anchor at the aforesaid Isle of Pines; after ransacking the vessel, and plundering me of many things, and using me very roughly, they said they should send my vessel to St. Domingo—and accordingly took me and my crew all out (except a free black man, whom they utterly refused me) and put us on shore at the aforesaid island, without any way to get off, or any means of subsistence, except one dozen of biscuit, and got under way with my vessel and the privateer, and left us:—After that I found the habitation of a Spaniard, three miles from the shore, being the only one on the island; he gave me dried beef to eat; here we stayed for five days, when another French privateer came to anchor there to get water—and hearing them fire, I went to the shore where I found their boat, and got a passage on board, where I was politely treated by the captain, who took us all off and landed us near Savanna-la-Mar on the south side of Cuba. (On my passage from the Isle of Pines I saw my schooner ahead of us, beating up for Batrabano, being the port where the privateer was fitted from, and afterwards arrived with my schooner.) I then got horses and a conductor, and travelled over to the Havana; on my arrival there, I went with the American consul to the governor, and acquainted him with every circumstance and informed him where he might find the schooner; but finding no encouragement for getting my vessel again, justice was not to be had there, nor has been in any instance; therefore, with the assistance of the American consul I protested against all piracy, &c., and particularly against the government of the United States, for not sending out cruizers into those seas to protect our trade against such a vast number of pirates fitted out and cruising round that island, and taking every thing they fell in with;—and the consul told me he had acquainted our government with this a long time ago, but to no purpose. I then abandoned my vessel to the Spanish government; and got a passage with captain Hudson, in the ship Eagle, to Newport, where we arrived on the 24th March, destitute of clothes, &c.
Schr. Matilda, Wallace, from Jamaica to Newbern, was plundered by a French privateer. In exchange for a yawl which they stole, the Frenchmen insisted on the Americans taking an old canoe, saying "take that home and add it to your fleet of gun-boats."
From the American Daily Advertiser.
LAW REPORT.
CIRCUIT COURT OF THE UNITED STATES, Sitting at Philadelphia, April 20, 1805.
IN THE CASE OF DON JOSEF CABRERA AND REMIREZ. THIS was an application by Don Josef Cabrera and Remirez for a discharge under the Habeas Corpus act. The circumstances of this very extraordinary case are as follows:—In August last, a Check for 3000 dollars, drawn in the name of the Marquis d'Yrujo, his Majesty the King of Spain's Ambassador near the United States, was presented by a black man at the Bank of Pennsylvania, and appeared on inspection to be a forgery: the man, on interrogation, said he had brought the check, by the order of a gentleman, to whom he conducted a messenger from the Bank—The gentleman proved to be Mr. Cabrera—two checks, one for 1000 dollars and the other for 600 dollars had been presented previously to this development, and as they were palpably forged, their amount had been refunded by the Bank to the Spanish minister. The attention of the Bank had of course been called to this subject, with a view to detect the person guilty of the fraud. Don Cabrera totally denied the accusation, and said he had received the checks from a Frenchman, who, as it has since appeared, was not in America at the time. The Bank addressed a letter to the Governor apprising him of the circumstances as they had occurred. The Governor applied to the Spanish Minister, and he requested of the Governor a warrant to confine Mr. Cabrera in the Debtor's apartment of the prison, till he should learn the pleasure of the King his master respecting him. Soon after Mr. Cabrera wrote to the Minister protesting his innocence, and offering to waive his privilege, in order that he might obtain a speedy trial before the State Court. Upon the communication of this request of Don Cabrera's by the Minister to the Governor, regular process was issued against the prisoner by the Attorney General, abill presented and found by the Grand Jury for forgery, and bail demanded in 2000 dollars. Don Cabrera not being able to procure this bail, was obliged to remain under confinement. He then desired that he might be sent home, to be tried by the laws of his own country; in pursuance of which the Minister applied to the Governor, and he directed the Attorney General to enter a nolle prosequi on the bill found against him. Don Cabrera applied to the Secretary of State for the interference of the government of the United States; but it does not appear that any steps were taken to promote his discharge. Under these circumstances an application was made to the Circuit Court for Don Cabrera's enlargement—the application was made by Mr. S. Levy, supported by Mr. Heatley.
The Attorney General (M'Kean) stated that the Court had no jurisdiction, and that the affair was entirely between Mr. Cabrera and the Spanish government, for whose orders the Minister must wait.
Mr. Ingersoll on behalf of the Bank, stated, that the y were to be considered as having no interest whatever in the application, either for or against.
Mr. S. Levy went into an argument of great length, to show that the prisoner was entitled to the benefit of the Habeas Corpus act, and that this Court had power and jurisdiction to dispense that benefit. He read a paper purporting to be a letter of advice from the Secretary for foreign affairs of the kingdom of Spain, Don Pedro Cevallos, to Don Josef Cabrera and Remirez, the directions of which were that he should come to the United States with a salary of 12000 rials (about 1000 dollars) and an out fit in the like sum, in order that he might inform himself in the customs, politics and laws of this country, and forward testimonials of his acquaintance with these matters;—and also directing him to assist at the office of Secretary of Legation, to which he was to be attached. Mr. Levy likewise read a commission, giving him the grade of Captain in the Provincial militia of Spain, and declaring his appointment to be as attached to the office of Secretary of Legation in the United States, together with a passport which recognized his character as Secretary—a certificate from the Spanish Minister was read, in which Don Cabrera was styled gentleman Ambassador, adjunct
to the Secretary of Legation, and said to be entitled to the benefit of the laws of nations.
The District Attorney (Dallas) read a letter he had received on this subject from the Secretary of State, which stated that Don Cabrera had been received in an official capacity by our government—and Mr. Dallas further said, that the Secretary of Legation had been an officer since Mr. Yrujo's coming to this country, and filled by two persons.
With these proofs of his official situation, independent of the Minister of his nation, the prisoner's counsel contended that he was committed without authority and in violation of the laws of nations, and that this Court had jurisdiction and would liberate him. Many authorities were adduced to show the high and indefeasible privileges of the public representatives of one foreign state to another. On the other hand the 14th section of the United States judiciary bill was referred to—it is in these words—"Provided that writs of Habeas Corpus shall in no case extend to prisoners in goal, unless where they are in custody, under or by colour of the authority of the United States, or are committed for trial before some court of the same, or are necessary to be brought into Court to testify; within neither of which cases, it was said, did Mr. Cabrera come, he being confined at the instance of the Minister of his country, to await the sentence of his own government.
The Court said, as it was a case of considerable consequence, they would hold it under advisement till Monday.
Munday, April 22. Don Cabrera being brought to the bar, the judges proceeded to deliver their opinions.
His honor Judge PETERS took an extensive and accurate view of the subject, in the course of which he observed, that though the power of Congress to legislate on it, was undoubted, they had never exercised that power; that the sections of the laws relied on for the application did not comprehend the case; that no provision had been made for the present case; that the Circuit Court could only have jurisdiction if process had been issued out of that court; that this case could not be brought within the purview of the 14th section of the Judiciary bill, which on the contrary was exclusive of it—and that his opinion was the prisoner could obtain no redress in this court.
His honor Judge Washington, observed, that there was no occasion to examine into the authority by which Don Cabrera was in custody, till the jurisdiction of this court to relieve him should be ascertained—that the documents produced showed the prisoner to be in commission from his nation, and subject to the laws of nations—that the natural tribunal for such an application as the present was that wherein process was depending, which could not be urged as the case here; that the 13th. sect. of the Judiciary bill was not applicable, but that the 14th was; for it took the prisoner out of the Circuit Court's power; that however he might be of opinion that Congress should have occupied the whole ground allowed them by the constitution, it was not his sentiment that it was the part of an American judge to enlarge his jurisdiction, his powers being limited—and he concluded that the prisoner must be remanded.
Don Cabrera having obtained permission to speak to the Court, a person who appeared to be an interpreter, read a paper nearly to the following effect:
When the King, my Master, conferred on me the commissions I have the honor to hold, he exempted me from every jurisdiction whatever but his own. If the Governor of this state, violating the most sacred privileges, has taken on himself to imprison me, there must be some power somewhere to protect me—Where shall I find it?—Shall I pass from court to court, suffering affronts and insults? The nations of Europe will hear with astonishment that the public minister of a crowned head has been eight months in imprisonment in Republican America.—I declare, then, that I proclaim myself FREE, and that if violence be exercised against me, I shall defend my privileges at the expence of my life.
Here the reading was interrupted by Judge PETERS, who said that he could not sit and hear the peace threatened, and that if the prisoner had anything to say which his counsel approved of, he would hear it. As, however, judge Washington said he had no objection to hearing him, Judge Peters consented to his going on. The interpreter then read—
I shall prove in this manner, I am worthy of the character with which the King, my Master, has honored me.
The Prisoner was remanded.
* Don Cabrera appeared at the bar in a full suit of regiments, sword, &c.
An erroneous statement having been given in the English prints of the naval engagement to which the following official letters refer, we publish them for the purpose of correcting it.
[Nat. Intel.]
The captain of the Frigate, Guillet, commanding the frigate La Ville de Milan.
To his excellency, the minister of the marine & of the colonies at Paris.
Monseigneur,
I have the honor to inform you that the frigate La Ville de Milan, which departed from the French fort at Martinique, on the 16th Pluviose current, on the 27th of the same month, in 29, 29. north lat. and 66, 8. west long. from the meridian of Paris, fell in with an English frigate which we observed to avoid us. The next day, in lat. 30, and long. 64, we again saw her, pursuing us; being the better sailer, she came up with us at 3 o'clock in the morning, the wind at north west; two tier of cannon which we fired, appeared to be the reason why she desisted from the chase, when she came within the distance of three miles. About 3 o'clock, P. M. she returned to the chase, and took her position on our larboard, quarter, and manoeuvred with our mizen topsail, so as to force her to fight on our broadside. Now the cannonading commenced, as very brisk & kept up with the greatest spirit. After two hours & a half of obstinate fighting, all the time under sail, the enemy bore away in order to go round the Ville de Milan, who seized that moment to board her on the larboard quarter. Our French seamen effected their boarding and made themselves masters of the English frigate Cleopatra, commanded by Captain Robert Lawrie. She carries thirty-nine cannon of which ten are 24 pound carronades on her quarter-deck. We left at Martinique two of our guns for the defence of that colony.
The English frigate has lost all her masts except the mizen mast. During the night after the engagement, we experienced a very heavy sea, and the main and mizen masts of the Ville de Milan were carried away.
We had 14 men killed, and the enemy 27. The number of our wounded is 12, that of the English 28.
Capt. Regnaud, was killed towards the end of the action. I was wounded by a ball which passed through my thigh.
We are employed in making jury masts for the two frigates; and it is my intention to steer for the Canaries.

I have the honor to be, with profound respect, Monsieur, your very humble and devoted servant.
GUILLET.
On the 4th Ventose of the 13th year of the French Republic was the commanders and officers of the frigate La Ville de Milan, being at ten in the morning, with our prize the English frigate Cleopatra, commanded by M. Rouget, lieutenant de vaisseau, in latitude 30 deg. N. and long. 63 deg. W. with hard and squally weather and our guns hauled, the sea very heavy and running into the 2 ships through port-holes, whose lids and half ports had been greatly damaged in the engagement and boarding of the 28th of last Pluviose, the boisterous weather would permit us to hoist neither our main sail, nor our top-gallant masts, but we had taken the opportunity to rig our main yard, and prepare it for a top-sail. At noon whilst the squalls continued we saw two sails, the one to the W. and the other to the N. N. W. both distant about 3 leagues, and under full sail. The frigate La Ville de Milan being under a foresail, a jib and a top gallant royal sail instead of a main sail, and our prize, the frigate Cleopatra, under a foresail first rigged, a top gallant sail and a mizen, we bore away to the south-east at 2 o'clock, P. M.—the strange sails which we had seen having gained much upon us, we found that which was to the W. to be a large ship, and the second to the N. N. W. a frigate, both chasing us and our prize, which kept in our wake at half a leagues distance. The said prize then bore away to escape the ship to the leeward, but making little way she easily permitted this ship which had hoisted the English flag, to come up with and fire upon her, and finding it impossible to defend herself, she was obliged to strike. The ship leaving the care of her prize to the frigate which accompanied her continued the chase; the Ville de Milan made as much sail as was possible, with the repairs she had been able to make, since the battle; but she was soon come up with by the said ship, which fired many shot at her, to which she could answer only with her quarter deck guns, which could not be brought to bear upon the English ship as she lay at her stern, which it was not in her power to prevent, it being impossible for her to manoeuvre. The boisterous weather totally prevented us from running out her guns, which were kept hauled, agreeably to the sentiments of all the officers whom I called to consult upon this subject. The wound which I had received, not permitting me to leave my birth, I left to the Enseigne de Vaisseau, Caron, a discretion to do whatever he should think proper to defend the honour of the French flag; the violent agitation of the sea which deprived us of the power of firing and of presenting our broadside to the enemy, determined him to give the order to strike the flag. I owe him the justice to inform you that he had my approbation, perfectly convinced, as I was, that a prolonged resistance on our part would have been impossible, for the reasons above detailed.
The English capturing vessels are the flag ship, the Leader, of 66 guns, and the frigate Cambrian, carrying 24 guns, on her main deck and 32 pound carronades on her quarter-deck. We have arrived at Bermuda, escorted by the Leader.
Ventose 9, year 13.
GUILLET.
FROM THE CHARLESTON CITY GAZETTE.
Mr. Freneau. Therewith send you for publication, a protest made by captain Christopher Grant, late master of the brig John and James, lately captured by a British armed brig, when she was on her voyage from St. Thomas's to Curacao. I think it necessary to say, that the said brig was wholly my property; that she was loaded in this place, and her cargo consisted entirely of rice and a few flasks for dunnage; that she was first ordered for St. Thomas, but the captain not finding a ready market there, proceeded for Curacao; that when the left this, I had no knowledge of the said island being in a state of blockade; that to this moment no such information has come to my knowledge, either through the American government, or from notice given by a British consul in the United States—and I know of no other channels it can legally come through. As far as I can collect from the list of her crew, they are all native born citizens of America, except one, who was born in Bermuda, but was admitted to the rights of citizenship in America, several years ago.
From these facts, I am utterly at a loss to know by what law or regulation I am deprived of a valuable vessel and cargo. I intend immediately to state this extraordinary proceeding to the Secretary of State, when, I trust, he will make such a representation as will bring on a satisfactory explanation and a prompt restitution; and that the citizens of America will be assured, that while they are pursuing an honest traffic on the ocean, their government will not suffer them to be robbed with impunity, or to be subjected to every indignity his Britannic majesty's officers may wantonly chuse to inflict.
JOHN EVERINGHAM.
N. B. I am well informed, that it has ever been the law amongst civilized nations, that when a place is declared in a state of blockade, the vessel attempting to enter it is first turned away and her register endorsed, and if she returns it is at her own risk; but in this case no such proceeding took place, as the protest will plainly shew.
PROTEST.
Christopher Grant, at present of the city and parish of Orleans, in the county of Surry, in the said island of Jamaica, a master mariner, late master of a certain American brig or vessel called the John and James, being duly sworn, maketh oath and saith, That on or about the twenty-fourth day of December now last past, he, this deponent, as master of the said brig or vessel called the John and James, failed in her from the port of Charleston, in the United States of North America, having on board a cargo of Rice, and bound for the islands of St. Thomas and Curacao, at the former of which said islands this deponent arrived with the said brig, on the twelfth day of January last: and having there sold and disposed of twelve casks of rice, in order to defray the expenses of the said brig, he, this deponent, on the eighteenth day of the said month of January, failed and proceeded from thence with the said brig and the remainder of the cargo, for and towards the said island of Curacao. And this deponent further saith, that about 3 o'clock at night of Monday the 22d day of the said month of January, the said brig being then about two miles distant from Little Curacao, was met with and boarded by his Britannic majesty's brig Suffolke, Henry Laroche, esq. commander, when the mate and crew of the said brig were taken from on board her, and carried on board the Suffolke, together with the log-book and all the papers belonging to the said brig, except the register and letter of instructions, which were left in
the possession of this deponent. And this deponent further saith, that the said brig John and James, was then manned with a prize-master and crew belonging to the said brig Suffolke, who, on the 24th day of January, were ordered to beat up with the said brig John and James to the island of Bonairé, which they accordingly did, and arrived there on the 26th day of January; but the prize-master having discovered Dutch colours flying at the fort, bore away from thence and failed again to Little Curacao, where they arrived, and met with his Britannic majesty's ship Diana, commanded by captain Maling, who ordered the said brig John and James to be again taken to the said island of Bonairé, where she afterwards arrived, and on the 31st day of January came to an anchor there. And this deponent further saith, that by the order of captain Maling, he, this deponent, then went on board his majesty's ship Diana, where captain Maling informed him, that he should send the said brig John and James to Aruba, and that she should remain there until he, the said captain Maling should take a number of vessels sufficient to make up a convoy for Jamaica—whereupon this deponent requested captain Maling would allow him to go in the said brig John and James to Aruba, and to proceed from thence for Jamaica as soon as this deponent could obtain a passage in some other vessel, which captain Maling at first refused, but afterwards consented to, on this deponent's promising not to re-take the said brig. And this deponent further saith, that he did accordingly return on board the said brig John and James, which said brig, together with his Britannic majesty's said brig Suffolke, then failed, by captain Maling's orders for Aruba, where they arrived and came to an anchor on the second day of Feb. last. And this deponent further saith, that after the arrival of the said brig John and James at Aruba as aforesaid, all her sails were carried on shore, and capt. Laroche informed this deponent, that he thought it would be six or seven weeks before the said brig John and James would be sent from that place for Jamaica. And this deponent further saith, that the day after his said arrival at Aruba, he heard of a vessel which was to sail for Jamaica in six or seven days; and this deponent therefore took his passage on board such vessel, and having failed in her from Aruba on the twelfth day of February last, he arrived in this island on the twenty-fifth day of the same month. And this deponent further saith, that the said brig John and James is not yet arrived in this island, to his knowledge or belief, and that the mate and all the crew of the said brig were detained and kept on board the Suffolke at Aruba.
Sworn before me this sixth day of March, 1805.
JOHN CAMPBELL.
New-Orleans has been incorporated as a city. The Governor is to appoint the Mayor and Recorder annually. The Aldermen, &c. are to be chosen on the 1st Monday in March, in ward meetings, by a plurality of votes. One half of the number of Aldermen to be re-chosen every year. The Mayor and Aldermen have power to levy taxes. The qualification of a voter in the possession of real estates worth 100 dollars, or renting an estate at 100 dollars or upwards, per annum. Taverns and boarding houses are not to be opened, nor coaches, chaises or carts to be kept or let, without a licence from the Mayor. Phil. Gaz.
WILLIAM TEMPLE
Has imported in the ship Rolla, Captain Cottle, from London—An Extensive Assortment of SPRING & SUMMER GOODS, which he offers for sale on liberal terms, by Wholesale and Retail.—And by the ship Shepherds, from Liverpool, daily expected, he will receive a very extensive and general assortment of HARDWARE & CUTLERY. April 30. (ep6w)
To Mr. WILLIAM TAFF:
TAKE NOTICE, That on the 10th day of July next, at the Tavern kept by William Montague in the county of Effex, I shall proceed to take the depositions of John Montague, William Montague, Leonard Jackson, Spencer Clark, Thomas Palmer, Robert Palmer, Travis Taff, Beverly Cloudas and Rachel Cooper, by virtue of a commission issued from Effex County Court, in a suit therein depending in Chancery, in which you are Plaintiff and I am Defendant. PETER TAFF. (ep4w)
Effex County, April 30. BY virtue of a Deed of Trust, will be sold for ready money on the first day of June next, at the house of James Lewis, in the town of Charlottsville: The interest of John Henderson in the following Negroes, to wit: Tiller, Milley, Biddy, Gid, Amey, Caroline and Gerry; together with their increase from the 31st day of March, 1802, or so many thereof as will be sufficient to satisfy a debt due to Thomas Garth, sen'r. with the legal interest and cost of advertising, and attending the sale. JAMES LEWIS. THOMAS GARTH, sen'r. } Trustees. Albemarle, April 30. e13w.
BY Virtue of a Deed of Trust, will be exposed to sale for ready money on the first day of July, being Albemarle court day, at the house of James Lewis, in the town of Charlottsville: The interest of John Henderson in the following Negroes, to wit: Ned, Titus, Harry, Eloé and her children, Cate, Annaka, Selia, Janey and Rachel, with their increase from the 31st day of March, 1802, or so many thereof as will be sufficient to satisfy a debt due to Thomas Garth, sen'r. with the legal interest and costs of advertising and attending the sale. JAMES LEWIS. THOMAS GARTH, sen'r. } Trustees. Albemarle, April 30. e13w.
FOR SALE OR LEASE:
THAT large and convenient TAVERN, situated in the centre of the town of Lynchburg, at the corner of the street leading to the court-house and jail, and not more than thirty yards from both, opposite Lynch's ware-house, and the street leading from the ferry in the said town. The Tavern contains four rooms and a bar on the first floor, including two very large rooms suitable for a ball and dining room, with a dining partition to the ball room. The second floor contains six rooms, one the size of the ball room and the others suitable for lodging rooms, with an excellent garret. This Tavern has a large portion the full length of the house, also a good dry cellar, and a well opposite the door, together with a kitchen, smoke-house, dairy and a stable with twenty-two stalls therein, with a spacious garden and yard leading to the stable. Other improvements will be made to suit the purchaser or lease. It is deemed unnecessary to state deemed unnecessary to state the great value of the above property, or lay more as to the advantage arising from its central and eligible stand for a Tavern, as it is presumed no person would be inclined to purchase or lease the above property without viewing the premises, there being no doubt but they would be better satisfied after seeing the convenient situation, than any information they could get from this advertisement. A liberal credit will be given any person desirous of the purchase or an advantageous lease. For further particulars, apply to William Rose, jun. Richmond, or the subscriber, residing about three miles from Lynchburg. SAMUEL SCOTT. April 30.
ENQUIRER.
RICHMOND, APRIL 30, 1805.
The want of a methodical, authentic and copious history of Virginia, is acknowledged and lamented by every citizen of this commonwealth, who is desirous of becoming acquainted with the rise, progress and establishment of our political, civil and domestic constitutions, laws and customs. But the difficulty of the work has hitherto deterred any person, qualified to undertake it, from attempting so arduous a task; difficulties perhaps which are peculiar to the composition of this history. Two are obvious: during the greatest part of the time which such a work would embrace, Virginia was a dependent colony. It will be seen, at a glance, that the history of a colony requires more than common talents to render it in the smallest degree generally interesting. Its transactions are thrown into the shade of obscurity, by the superior lustre of those of the parent state. Provincial legislatures conversant with little else than local regulations; colonial judiceries, deciding in unimportant and petty cases of meum and tuum ; dependent executives, or proprietors, squabbling with their sovereign or their sovereign's subordinate tyrants—these it must be confessed require the fascination of eloquence, and the discrimination of philosophical research, to render them interesting to any but the natives of the country, whose history it is proposed to write. The composer of the history of Virginia has another difficulty to encounter; the want of authentic documents. Many of the most important transactions, whether they relate to internal affairs, or are connected with the history of Britain, are handed down to us in incomplete histories, loose and mutilated manuscripts, or, by tradition. The colonial government seems to have been shamefully negligent of preserving accounts of their early transactions. And where, from the forms of office such documents were preserved, the desolating hand of a British soldiery consumed them, during our revolutionary contest. Many of our most valuable public records were burnt by the British in their predatory incursions into this state,—tho' marauders carried on the American war with the diabolical arts of modern ages, and the insatiate barbarity of an Attila or an Alaric. Most of the valuable manuscripts, or printed documents that were preserved by private individuals, are so scattered as to render their obtainment almost impracticable; are so mutilated and obliterated by time that if obtained they would be nearly useless; or the owners ignorant of their value, and the curious, where to look for them, it is almost the fame as if they were lost, or never had existence.
Notwithstanding these difficulties, the first volume of a history of Virginia has recently appeared, the writer of which, by talents and by good fortune has been able to conquer every embarrassment that was not actually insurmountable. I allude to Mr. BURKE of Peterborough, who has been some-time engaged in compiling THE HISTORY OF VIRGINIA. From the acknowledged abilities of the writer, we have much to expect from this performance. I can assert with confidence, a confidence founded upon an intimate knowledge of this gentleman's literary acquirements, that so far as the graces of style, a just discrimination of the interesting from the uninteresting facts, with appropriate reflections on their moral and political causes and consequences, are concerned, he will be able to present us with a very elegant and interesting work. After these qualifications in the writer, there is little else necessary in the composition of the history, than that the author should have access to the most authentic materials, and sufficient industry. Luckily for Mr. Burke and our well founded curiosity, he has discovered a manuscript, which, as it relates to our colonial history, is the most valuable probably, now extant. The loss was long deplored by our state antiquaries; nor was there supposed to be a copy in existence, until this was found by Mr. Burke. It consists of two large folio volumes, and contains the proceedings of the colonial government, for about a century and an half. It commences with all the charters that were ever given to Virginia; gives the proceedings of the different London companies; and in 1621 details the transactions of the first Virginian Assembly—it continues, according to chronology during the period before mentioned. The second volume contains the judicial decisions, during the same period. This manuscript was purchased by Colonel Byrd, at the Earl of Southampton's sale, at sixty guineas, for the two volumes. It will form an appendix making the 4th volume of Mr. Burke's history. Mr. Burke means to present this invaluable manuscript to our state executive.
The Editor of the Aurora, in his paper of the 22d instant, has devoted two columns in reply to some strictures which were lately published in the Enquirer, in relation to the editorial character of Mr. Duane. The writer of this article is the friend of Mr. Ritchie: he has too, for many years, admired and venerated the zeal & talents which have distinguished the Aurora. With a firmness and disinterestedness which reflect much honor upon Mr. Duane, he has devoted his talents to the investigation of principles and of characters; and if sound political opinions, combined with integrity, vigilance and experience, conspire to render a man useful, we may with safety affirm, that very few in these times rank before Mr. Duane.—With this preface, we must be excused from taking a full view of the two columns with which this paper has been honored; preferring that Mr. Ritchie, when he returns, should pursue or abandon this personal contest, as his own ideas of propriety may direct.—I cannot, however, help expressing a wish, that this paragraph may terminate a dispute, which can only excite sensations of pain to the parties, and of regret and mortification to their friends.
The Aurora says, "That the Editor of the Enquirer appears to be a very young man."—This is true: he is a young man—and, as Mr. Duane seems willing to admit, of warm imagination and a generous heart. It may also be true, as the same paragraph insinuates, that he is not yet suspicious enough for an Editor. But how can a young man with a generous heart, possess one of the most phlegmatic and disgusting qualities of human nature? The tribute of praise which has been bestowed on Mr. Ritchie's heart, and which has represented as an editorial defect, will, I fear, be but too soon corrected by a more experienced view of the vices of man. To conclude—we think that the Editor of the Aurora is rather incorrect in presuming, that the variety of compliments which he has received from the Enquirer, were reluctantly bestowed. This indeed, is denying to Mr. Ritchie a quality just granted; and seems to be rather inconsistent in Mr. Duane. A generous heart would never begrudge reluctant compliments . As to the charge of youth and inexperience, which has been brought against Mr. Ritchie, I can only answer for myself. His paper, to my mind, exhibits a degree of application, and a depth of political knowledge, by no means to be confounded with the effusions of youth and inexperience. His generous heart sometimes practices a forbearance towards political opponents, which those more hasty in obtaining ends, may think imprudent. This is the only trait in the Enquirer which partakes of the character of inexperience.
NOTICE.
THE LAWS of the Legislature of Virginia, respecting the Mutual Insurance Society, and its new Constitution, Rules and Regulations, are printed and ready, at the office, to be delivered to the members of the said Society. As every member ought to have them, and I have seldom opportunities to send them, they are hereby requested to apply for them—as people from different parts of the state, come frequently to this place, to transact business, they may request them to call for them. However, so as I can find opportunities, I shall send them to the agents, of the different towns and counties, where they may be had on application. W. F. AST, Principal Agent, M. A. S. April 30. The Printers of this state, are requested to insert the above once.
MUTUAL INSURANCE OF VIRGINIA.
THERE are some people in this country, who have under various shapes attempted to destroy this philanthropic institution, to build on its ruin a mercenary company—hence their agents, who expect to get some lucrative offices, go about with finding faces and propagating falsehoods—such that it is all over—the legislature has destroyed it—it is knocked on the head—that those who remain in the Town Mutual Insurance would be ruined—that the quotas would fall upon the whole amount of their buildings, &c. They know better, but any thing serves their nefarious purposes. That their assertions are fallacious can easily be proved: a gentleman, whose house is on the capitol square, isolated from others, built of brick and he pays is covered with bricks, told me himself, that he pays annually in the Phenix office one guinea for each hundred pounds insured: Then if he had insured here (the institution was organized in 1795) he would have paid on entering one per centum, and in 1799 one per cent for his quota, which makes it ten years insurance only two per cent. when he has paid abroad ten and an half per cent! Then if he was now to pay eight quotas and an half at once, he would still stand upon a better footing than if insured abroad. Losses must happen and befall the insured houses only, to upwards of a million and an half of dollars before he would have to pay eight per cent. or eight quotas. There being actually entered in the towns and suburbs, upwards of five thousand buildings, amounting to upwards of five millions of dollars, and will under the new rates yield premiums to upwards of one hundred and seventy thousand dollars. Then as not all the buildings in the towns and suburbs are not insured yet, losses must happen to the amount of three hundred and forty thousand dollars, for we must naturally suppose that the insured and uninsured houses may be equally affected, before it will take one premium.
Table with 4 columns: Building type, Brick and covered with slate, Brick covered wood, All wood. Rows include: If it is not contiguous to other buildings, 10, 15, 22; If it is situated in the out parts of the towns or in small towns connected with a few buildings only, about 12, 20, 30; If in large towns connected with several others 22, 40, 76; If on wharves where vessels are built or repaired or where large quantities of combustibles are lodged, some will have to pay upwards of 20 per cent. and will have to contribute from 100 to 200 dollars on each 1000 dollars insured.
The foregoing statement shews how little those whole buildings stand not contiguous to others, or in the suburbs or small towns, have to contribute to such an enormous loss of one hundred and seventy thousand dollars. On account of the high premiums which those whole buildings are situated on the wharves have to pay, several are already withdrawing, and I believe they will all withdraw, then we shall hardly ever have such considerable losses again: had it not been for the Norfolk office, no quota would ever have been necessary, and I think that one premium would have insured the people for ever, because the insurance would have become general.
On a fair estimate it will be found that the buildings in the towns and suburbs amount at least to twelve millions of dollars, and as the premiums under the new rates will average about four per cent, if they were all insured, the stock which one premium would raise, would be four hundred and eighty thousand dollars, and the annual interest thereon at eight per cent, which I believe can be made, would be 38,400 dollars, then from forty to fifty houses must burn every year (which is well known is not the case) before it would absorb the interest, this shews the great advantage that the insurance be made general, which might easily be done, by taking off the sheep-skins of those wolves, and flew them to the world, in their natural deformity as birds of prey, and let the good citizens of this state, not believe their unfounded assertions, but unite generally to support each other, when the expense will be a mere trifle; however, although the insurance in towns is not yet general, and although a few, only twenty-three in the whole state, having withdrawn since the separation, no doubt new ones will come in, and I am confident, that at all events, the Mutual Insurance will flourish, as all good things ought to do, in spite of those few intriguing speculators. They may in vain cry out, to pave the way to their mercenary system, that nothing but annual premiums will do: but why pester the people every year with payments, let them pay only when it is necessary. To hide their schemes here, they tell the people, it is better to insure in the Phenix office, it will, they say, cost you less, although they know to the contrary. I have shown this above, and the rates which have been put in some papers I believe are only as a bait, for I have seen a New-York paper, which positively declares after those rates, that the southern states shall pay fifty per cent. more than the northern states; which makes it on a wooden building one and one half per cent. per annum: Then one out of every sixty-seven buildings must burn yearly, before our quotas will come up to that, which would be out of twelve thousand houses contained in our towns and suburbs, one hundred and seventy-nine or to the amount of 179,000 dollars, which must be destroyed by fire every year, before the quotas will come up to those annual premiums. Gracious goodness preserve us from such disasters—and fill those intriguer's tell us, that it is cheaper to insure in an Insurance Company.
FOR THE ENQUIRER.
ON A YOUNG LADY WHO WORE A GOLDEN ARROW IN HER HAIR.
MIRANDA, cruel as she's fair, Exhibits in her auburn hair An emblematic dart; To shew the throng around her shrine, How hopeless they are doom'd to pine, Since Love can't reach her heart. 'Tis pity the were like a nun, Who, shut out from the genial sun, Love, sevy're lures defies. Or like some fragrant garden rose That with its parent buds and blows, And, drooping, useless dies. Nature, fair maid, for all you can, Proclaims that you were made for man; And man for you, I ween. Then since Eugenio's worth you know, Requite it with your smiles, and frown 'Tis felt, as well as seen. MACUS.
Fairfield Races. A DINNER for a large Company will be provided every day during the Races, in the LONG DINING HOUSE, to be ready at two o'clock. Attentive waiters are engaged; a flock of Wines, Liquors, Fruits, &c. of the best qualities, will be laid in, and every exertion made to merit the approbation of a generous public.
TO RENT.
THREE small tenements convenient to the capitol, two of brick with four rooms in each, and one of less size, of wood. Wm. PRICE. WHO HAS FOR SALE, 2 fine mules 4 years old, April 30. ew4t.

Biscellany.
So violent are the passions of anger and revenge in the human breast, that it is not wonderful that men should persecute their real or imaginary enemies with cruelty and malevolence; volence; but that there should exist in nature a being who can receive pleasure from giving pain, would be totally incredible, if we were not convinced, by melancholy experience, that there are not only many, but that this unaccountable disposition is in some manner inherent in the nature of man; for as he cannot be taught by example, nor led to it by temptation, or prompted to it by interest, it must be derived from his native constitution; and is a remarkable confirmation of what revelation frequently inculcates—that he brings into the world with him an original depravity, the effects of a fallen and degenerate race; in proof of which we need only observe, that the nearer he approaches to a state of nature, the more predominant this disposition appears, and the more violently it operates. We see children laughing at the miseries which they inflict on every unfortunate animal which comes within their power: all savages are ingenious in contriving, and happy in executing the most exquisite tortures; and the common people of all countries are delighted with nothing so much as bull-baitings, prize-fightings, executions, and all spectacles of cruelty and horror. Though civilization may in some degree abate this native ferocity, it can never quite extirpate it; the most polished are not ashamed to be pleased with scenes of little less barbarity, and, to the disgrace of human nature, to dignify them with the name of sports. They arm cocks with artificial weapons, which nature had kindly denied to their malevolence, and with shouts of applause & triumph see them plunge into each other's hearts: they view with delight the trembling deer and defenceless hare, flying for hours in the utmost agonies of terror and despair, and at last, sinking under fatigue, devoured by their merciless pursuers; they see with joy the beautiful pheasant and harmless partridge drop from their flight, weltering in their blood, or perhaps perishing with wounds and hunger, under the cover of some friendly thickets; to which they have in vain returned for safety; they triumph over the unsuspecting fish, whom they have decoyed by an insidious presence of feeding, and drag him from his native element by a hook fixed to and tearing out his entrails; and to add to all this, they spare none of their labour nor expense to preserve and propagate these innocent animals, for no other end but to multiply the objects of their persecution. What name should we bestow on a superior being, whose whole endeavours were employed, and whose whole pleasure consisted in terrifying, ensnaring, tormenting, and destroying mankind? whose superior faculties were exerted in fomenting animosities amongst them, in contriving engines of destruction, and inciting them to use them in maiming and murdering each other? whose power over them was employed in assisting the rapacious, deceiving the simple, and oppressing the innocent? who, without provocation or advantage, should continue from day to day, void of all pity and remorse, to torment mankind for diversion, and at the same time endeavour with the utmost care to preserve their lives, and to propagate their species, in order to increase the number of victims devoted to his malevolence, and be delighted in proportion to the miseries which he occasioned? I say, what name detestable enough could we find for such a being? Yet, if we impartially consider the case, and our intermediate situation, we must acknowledge that, with regard to inferior animals, just such a being is a sportsman.
ON CRUELTY TO INFERIOR ANIMALS.
MAN is that link of the chain of universal existence, by which spiritual and corporeal beings are united: as the numbers and variety of the latter his inferiors are almost infinite, so probably are those of the former his superiors; and as we see that the lives and happiness of those below us are dependant on our wills, we may reasonably conclude, that our lives and happiness are equally dependant on the wills of those above us; accountable, like ourselves, for the use of this power, to the Supreme Creator and Governor of all things. Should this analogy be well founded, how criminal will our account appear, when laid before that just and impartial judge! How will man, that sanguinary tyrant, be able to excuse himself from the charge of those innumerable cruelties inflicted on his unoffending subjects committed to his care, formed for his benefit, and placed under his authority by their common father? whose mercy is over all his works, and who expects that this authority should be exercised not only with tenderness and mercy, but in conformity to the laws of justice and gratitude.
But to what horrid deviations from these benevolent intentions are we daily witnesses! No small part of mankind derive their chief amusements from the deaths and sufferings of inferior animals; a much greater, consider them only as engines of wood or iron, useful in their several occupations. The carman drives his horse, and the carpenter his nail, by repeated blows; and so long as these produce the desired effect, and they both go, they neither reflect on care whether either of them have any sense of feeling. The butcher knocks down the stately ox with no more compassion than the blacksmith hammers a horse-shoe, and plunges his knife into the throat of the innocent lamb, with as little reluctance as the taylor sticks his needle into the collar of a coat.
If there are some few, who, formed in a softer mould, view with pity the sufferings of these defenceless creatures, there is scarce one who entertains the least idea, that justice or gratitude can be due to their merits or their services. The social and friendly dog is hanged without remorse, if, by barking in defence of his master's person and property, he happens unknowingly to disturb his rest; the generous horse, who has carried his ungrateful master for many years with ease and safety, worn out with age and infirmities contracted in his service, is by him condemned to end his miserable days in a dust-cart, where the more he exerts his little remains of spirit, the more he is whipped, to save his stupid driver the trouble of whipping some other, less obedient to the lash. Sometimes, having been taught the practice of many unnatural and useless feats in a riding-house, he is at last turned out and consigned to the dominion of a hackney-coachman, by whom he is every day corrected for performing those tricks, which he has learned under so long and severe a discipline. The sluggish bear, in contradiction to his nature, is taught to dance, for the diversion of a malignant mob, by placing red-hot irons under his feet; and the majestic bull is tortured by every mode which malice can invent, for no offence but that he is gentle, and unwilling to assail his diabolical tormentors. These, with innumerable other acts of cruelty, injustice, and ingratitude, are every day committed, not only with impunity, but without censure, and even without observation; but we may be assured, that they cannot finally pass away unnoticed and unretaliated.
The laws of self-defence undoubtedly justify us in destroying those animals who would destroy us, who injure our properties, or annoy our persons; but not even these, whenever their situation incapacitates them from hunting us. I know of no right which we have to shoot a bear on an inaccessible island of ice, or an eagle on the mountain's top, whose lives cannot injure us, nor deaths procure any one benefit. We are unable to give life, and therefore ought not wantonly to take it away from the meanest insect, without sufficient reason; they all receive it from the same benevolent hand as ourselves, and have therefore an equal right to enjoy it.
God has been pleased to create numberless animals intended for our subsistence; and that they are so intended, the agreeable flavour of their flesh to our palates, and the wholesome nutriment which it administers to our stomachs, are sufficient proofs: these, as they are formed for our use, propagated by our culture, and fed by our care, we have certainly a right to deprive of life, because it is given and preferred to them on that condition; but this should always be performed with all the tenderness and compassion which so disagreeable an office will permit; and no circumstances ought to be omitted, which can render their executions as quick & easy as possible. For this, providence has wisely and benevolently provided, by forming them in such a manner, that their flesh becomes rancid and unpalatable by a painful and lingering death; and has thus compelled us to be merciful without compassion, and cautious of their suffering for the sake of ourselves; but, if there are any whose tastes are so vitiated, and whose hearts are so hardened, as to delight in such inhuman sacrifices, and to partake of them without remorse, they should be looked upon as demons in human shape, and expect a retaliation of those tortures which they have inflicted on the innocent, for the gratification of their own depraved and unnatural appetites.
The laws of self-defence undoubtedly justify us in destroying those animals who would destroy us, who injure our properties, or annoy our persons; but not even these, whenever their situation incapacitates them from hunting us. I know of no right which we have to shoot a bear on an inaccessible island of ice, or an eagle on the mountain's top, whose lives cannot injure us, nor deaths procure any one benefit. We are unable to give life, and therefore ought not wantonly to take it away from the meanest insect, without sufficient reason; they all receive it from the same benevolent hand as ourselves, and have therefore an equal right to enjoy it.
God has been pleased to create numberless animals intended for our subsistence; and that they are so intended, the agreeable flavour of their flesh to our palates, and the wholesome nutriment which it administers to our stomachs, are sufficient proofs: these, as they are formed for our use, propagated by our culture, and fed by our care, we have certainly a right to deprive of life, because it is given and preferred to them on that condition; but this should always be performed with all the tenderness and compassion which so disagreeable an office will permit; and no circumstances ought to be omitted, which can render their executions as quick & easy as possible. For this, providence has wisely and benevolently provided, by forming them in such a manner, that their flesh becomes rancid and unpalatable by a painful and lingering death; and has thus compelled us to be merciful without compassion, and cautious of their suffering for the sake of ourselves; but, if there are any whose tastes are so vitiated, and whose hearts are so hardened, as to delight in such inhuman sacrifices, and to partake of them without remorse, they should be looked upon as demons in human shape, and expect a retaliation of those tortures which they have inflicted on the innocent, for the gratification of their own depraved and unnatural appetites.
The following coincidence may serve to encrease the probability of supposition, viz. DXV is 615—the sum of whole figures is 11 CL is 150—the sum of whole figures is 6 L is 1—the sum 1 666 18, which is 3 fives
And Bonaparte, on the 1st of December, had entered on the 11 year of his existence, as DUX—on the 6th of Consul—and the 1st of Emperor. I conjecture, that, in the 11th verse of the chapter, the two consuls, his late coadjutors, are represented by the two horns like a lamb—whilst he spoke as a dragon, and assuming all power, signed and issued the decrees in his own name.
Agreeably to the 12th verse, he has exercised all the power of the first beast, before him, or in his sight, and given life unto the image of the beast, by summoning the Pope to Paris, whose authority had received a deadly wound, in the early part of the Revolution.
No man can buy or sell in his Dominions, without acknowledging his mark or name, and receiving it, as it were, in the right hand, when he swears allegiance to the Usurper, on the Gospels.
His blasphemous answer to the Senate, in asserting that the Crown would remain in his family for ages, may, perhaps, be classed among the wonderful things he doth in the sight of men (so for, I think, the 18th verse may be translated) and can hardly be denied to be a fit cause for fire, or vengeance, to come down from heaven, on the earth; for it cannot be supposed that the Beast, who despises the Almighty, can have power to cause real fire to defend or act in his favor. J. L. Lancaster, January 1, 1805.
From Dover, N. H. April 9. IMPORTANT DISCOVERY.
A number of men digging on the earth, in this town, for the purpose of making an aqueduct through Mr. Daniel Waldron's land, discovered a vein of dark brown sand running from east to west, much impregnated with quicksilver, of the best quality. Upon close inspection globules of this metal were found diffused through this vein from the size of the smallest grain of sand to that of a duck's foot—which leaves no room to doubt, but upon further attention, larger quantities may be discovered.
Singular Fraud, from a late London paper.
A Sharper lately observed an advertisement, stating, that a gentleman had found a Bank-note of 100l. and would gladly restore it to the owner, on delivering the number, date &c.—This struck him as a favorable opportunity of gaining that sum with little difficulty, at all events with no risk or expense, even if his effort failed. He equipped himself in the highest style of fashion, and ordered a post-chaise to his door, with a servant in livery to attend him. He set off agreeable to the direction, which was some distance from town, and alighted at a Gentleman's house, who proved to be an elderly Clergyman, who had picked up the note at the end of his garden wall, adjoining the public road. On being invited into the parlour, he related the purport of his visit, and, on being asked by the the Clergyman if he could describe the number, marks, &c., of the note, to convince him of his right to the claim, he replied he was fearful he should not be able to recollect sufficiently to satisfy him, having but lately received it; but, if it was his note, there was the name of Hill wrote on the back in red letters, and if that name could no be traced on the note, he should decline giving him any further trouble, not doubting but he would soon discover the unfortunate loser.
On this candid statement, the parson incautiously gave him the note, saying, "There, Sir, if you can find the name alluded to. If so, 'tis yours; if not, I if not, I must reserve it for a better claimant." After making his remarks on the note quite unperceived, he returned it. Apologising for the trouble he had given, he took his leave, and, on entering the chaise, took care to minute down every particular, with which he furnished his confederate, who, a few mornings after, repaired to the clergyman's, and having described every necessary mark, &c., to ensure his claim, readily obtained it of the clergyman, who had no idea of the fraud been employed.
By our Greenock papers we learn that Dr. Robison, professor of Natural Philosophy in the university of Edinburgh, is lately deceased. He was one of the most profound mathematicians of the age, and made several important improvements in mechanical philosophy. His scientific productions, though little known in this country, are prized by the learned of Europe. Here he is best known by his "Proofs of a Conspiracy," a work which came home to the feelings of a very large class of society, and which is universally known throughout Christendom. Dr. Payson, ex-professor of mathematics in the same university, has succeeded him.
It is observable that Dr. Rotheram, professor of Natural Philosophy in the neighbouring university of St. Andrews, died about the same time. From the same source we learn that the medical world has lost one of its most valuable members by the death of the celebrated Dr. Wm. Buchan, in the 70th year of his age; a man, who perhaps beyond all others, simplified the language and doctrines of medicine, and, by adapting his style to ordinary understandings, stripped the science of its mysteries, and in fact taught every one to be his own physician. His Domestic Medicine is doubtless one of the most useful books on the subject, in any language: and his Advice to Mothers, cannot be too much recommended.
Philadelphia April 20.
Dr. Logan has lately presented to the Loganian Library, a valuable French work, in two folio volumes, giving a concise and impartial history of the French revolution, in which the principal events of the revolution are represented in one hundred and forty engravings, and also containing the portraits of the late king and queen of France, and fifty of the most prominent characters of that country.
This elegant work merits the attention of every citizen of Pennsylvania, as it exhibits the direful effects of Jacobinical principles in destroying the fabric of the republic of France.
TO ERIN.
Translated from the original Irish of Vourneen Deelish.
Thou dear seducer of my heart, Fond cause of ev'ry struggling sigh! No more can I conceal Love's smart, No more restrain the ardent eye. What though this tongue did never move, To tell of all its master's pain. My eyes, my looks have spoke my love? My charmer shall they speak in vain? My fond imagination warm Presents thee at the noontide beam, And sleep gives back thy angel form, To clasp thee in the midnight dream. My Elin, tho' no splendid store I boast, a vental heart to move; Yet, charmer, I am far from poor, For I am more than rich in love. Pulse of my beating heart, shall all My hopes of thee and peace be fled! Unheeded wilt thou hear my fall? Unpitied wilt thou see me dead? I'll make a cradle of my breast, Thy image all its child shall be; My throbbing heart shall rock to rest Those cares which waste my life and me.
By Authority.
LAWS OF THE UNITED STATES.
AN ACT,
Making provision for the widow and orphan children of Thomas Finn.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of five hundred and eighteen dollars, with interest from the fifteenth of January, one thousand seven hundred and ninety-three, be allowed to the widow of Thomas Finn, an interpreter and guide, who was killed with colonel John Hardin, while employed in bearing messages of peace to the hostile Indians, in the year seventeen hundred and ninety-two; and that the aforesaid sum and interest be paid to the said widow, for the use of herself and the orphan children of the said Thomas Finn, out of any monies in the treasury, not otherwise appropriated.
NATHL. MACON, Speaker of the House of Representatives. JOS. ANDERSON, President of the Senate pro tem. March 3, 1805. APPROVED, TH: JEFFERSON.
AN ACT,
To extend jurisdiction in certain cases, to the territorial courts.
Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That the superior courts of the several territories of the United States, in which a district court has not been established by law, shall in all cases in which the United States are concerned, have and exercise, within their respective territories, the same jurisdiction and powers which are by law given to, or may be exercised by the district court of Kentucky district; and writs of error and appeals shall lie, from decisions therein, to the supreme court for the same causes, and under the same regulations, as from the said district court of Kentucky district.
NATHL. MACON, Speaker of the House of Representatives. JOS. ANDERSON, President of the Senate, pro tempore. March 3, 1805. APPROVED, TH: JEFFERSON.
VALUABLE PROPERTY.
The subscriber desires to close his business in this place as soon as possible, is induced to offer for sale, the following valuable property, viz.
A CONVENIENT two story dwelling house, 24 feet square, having one room and a passage on the lower floor, two rooms on the second floor, and two good rooms in the garret, a cellar with plank floor, and divided into three apartments, one used for cooking; the yard inclosed with a brick wall seven feet high, the whole in good repair. This tenement is situated near the Bell-Tavern, on the cross street leading to the Rock landing, and is insured in the Mutual Insurance company, against fire in the state of Virginia, and the premiums paid. Eleven unimproved half acre Lots, on Shockoe-Hill. 600 acres Military land in Kanawha county, on the waters of Oldtown creek, a branch of Ohio river, being a grant made to George Mute, Adam Stevens, Andrew Lewis and others, in the year 1772. 25 tracts of Land in Montgomery county, containing 32,172 acres, the whole patented in my name viz.
 4000 acres surveyed 3d April, 1786 in Montgomery county, on Cole river.  2080 acres surveyed 24th July, 1786 in same county, on 16 mile creek, adjoining the late General Washington's survey on Kanawha river.  5062 1/2 acres surveyed 23d July, 1786, in same county, on Loop waters, waters of New-river.  1000 acres surveyed 13th May, 1786 in same county, on the Ohio river.  3210 acres surveyed 5th April, 1786 in same county, south of a creek running into Cole river.  2138 acres surveyed 21st February, 1787 in same county, on Cole river.  320 acres surveyed 3d February, 1787 in same county, on the waters of Cooper's creek and Little Blue stone.  1300 acres surveyed 16th Feb. 1787 in same county, on the head waters of the south fork of Cole river, that heads against Guyandott.  95 acres surveyed 10th Feb. 1787 in same county, on the head waters of Glade creek.  78 acres surveyed 8th Feb. 1787 in same county, on a branch emptying into Glade creek on the south side of the same, and about one mile above the ford of said creek.  500 acres surveyed 10th Feb. 1787 in same county, on the north fork of Mud river, that heads against Guyandott.  1500 acres surveyed 12th May, 1786 in same county, on Ohio river.  2000 acres surveyed 8th May, 1786 in same county, on the great Kanawha.  1000 acres surveyed 16th May, 1786 in same county and on ditto.  263 acres surveyed 8th Feb. 1787 in same county, on the head of Glade creek.  214 acres surveyed 7th Feb. 1787 in same county, on the waters of Glade creek, on the south side thereof.  185 acres surveyed 6th Feb. 1787 in same county, on the west end of Joe's Ridge, and on the waters of Glade creek.  154 acres surveyed 6th Feb. 1787 in same county on Joe's ridge.  228 acres surveyed 6th Feb. 1787 in same county, on Joes ridge, and the waters of Glade and Cooper's creek.  414 acres surveyed 22d Feb. 1787 in same county, on the second fork of Cole River, on the road crossing from Piney river to Guyandott.  2000 acres surveyed 26th Feb. 1787 in same county, under the big pipe stem knob, and running down both sides of the creek.  416 acres surveyed 4th Feb. 1787 in same county, on the waters of Coopers creek, and Joe's ridge.  380 acres surveyed 3d Feb. 1787 in same county, on the head waters of Cooper's creek.  3338 acres surveyed 20th Feb. 1787 in same county, on the fourth fork of Cole river.  1345 acres surveyed 2d Feb. 1787 in same county, on the head waters of little blue stone, about half a mile north from the White Oak creek.  Three tracts of land in Monongalia county, patented in my name, viz.  350 acres by survey 1st June, 1796 in Monongalia county, adjoining Matthew Richey's land, and the Randolph county line, on waters of Cheat river.  400 acres surveyed 20th October, 1797 in same county, adjoining lands of Abner Harper, above the mouth of White Day creek.  400 acres surveyed 15th Nov. 1797 in same county, adjoining Peter Drago, on Finchie's run, to include an improvement made in the year 1773.  1000 acres in same county, on the west of Cheat river, above the lands of Thos. Butler.  900 acres in same county, on Buffalo creek, on a preemption right of David Gray.  250 acres in Greenbrier county, on Little Deer creek, adjoining lands of Joseph McCune.  891 acres in Montgomery county, surveyed 1st August, 1787, on the waters of Piney river & Paint creek, waters of Kanawha river.  435 acres in Montgomery county, surveyed 30th June 1786, joining the lands of Joseph Eaton, Richard Mute, and James McCurle.  230 acres in Wythe county, surveyed 4th Nov. 1795, on the Led Mine Mill creek.  180 acres in Albemarle county, patent dated 5th July, 1787, on William Hill creek, waters of Buck Island creek.  One undivided moiety of five lots, in the town of Winchester, No's. 89, 90, 100, 101, and 109.  The above will be sold very low, and the terms made known on application to Wm. AUSTIN. Richmond, April 9—(it.
Printing, IN ALL ITS VARIETY, EXECUTED AT THE OFFICE of the ENQUIRER. A FEW HUNDRED EXCELLENT QUILLS FOR SALE AT THE ENQUIRER OFFICE.
TO BE SOLD.
PURSUANT to a Deed of Trust, executed to me by the late Henry Randolph, Esq. to secure the payment of certain sums of money in the said deed, acknowledged to be due from him to Lyle and McCrede, merchants—a parcel of land situated in the county of Chesterfield, within the distance of four miles from Manchester, and estimated to contain about three hundred and fifteen acres. This land, commonly known by the name of Scott's tract, or the Camp tract, will be set up for sale to the highest bidder, on Wednesday the first of May next, between the hours of eleven A. M. and two P. M. at Zachariah Brooks' Tavern in Manchester, on the following terms, viz.—One third of the purchase money to be paid down, one third in six months, and the remaining third in twelve months from the day of sale. Bond and security will be required for the punctual payment of the credit instalments, on which payment being made, a proper conveyance will be executed by JOHN HEVENINGHAM. Chesterfield, March 28—(eptd).
The sale of the land above advertised, is delayed until Saturday the 4th of May. J. H. April 24.
LAND FOR SALE.
A TRACT of about 850 acres, lying on James River, adjoining the town of Lynchburg; one hundred and forty of which is low ground, and said to be of the first quality; a considerable proportion of the high ground lies well, and well adapted to the culture of tobacco and grain. It has an excellent and rock fishery on it; a small apple orchard, a good dwelling house and convenient out-houses; a mill seat, supposed to be superior to any in that part of the country—the mill house would set within thirty-five poles of the river, on navigable water. Likely negroes would be received in part pay, and a generous price allowed for one or two blacksmiths that are under 6 years of age, and good workmen. For further particulars, apply to the subscriber, on the premises, or Mr. William Brown, merchant, in Lynchburg. LEWELLEN JONES. March 1. (eptd)
BROAD-ROCK RACES.
ON Tuesday the 30th instant, will be run for, the JOCKEY CLUB PURSE of Four Hundred Dollars, four mile heats. The second day, the PROPRIETOR'S PURSE of Two Hundred Dollars, three mile heats. The third day, a SWEEP STAKE for 4 year old Cols and Fillies, two mile heats; entrance 100 Dollars, half forfeit; subscription to be kept open until the evening of the fifth day's Race. The money to be run for each day, will be placed in the hands of the Judges by the Proprietor of the Course. WILLIAM BALL, Proprietor of the Course. April 6th. (eptd.)
FAIRFIELD RACES.
ON Monday the 6th day of May, THE FAIRFIELD JOCKEY CLUB CUP will be run for, free for all ages—the Lads to be laid side the proper members—distance, two mile heats. The day following, the JOCKEY CLUB PURSE of four hundred dollars, four mile heats. On the third day, the PURSE OF THE PROPRIETOR OF THE COURSE, of two hundred dollars, three mile heats. On Thursday, a SWEEP STAKE for Cols of 2 years old, for a pipe of best Madeira Wine; distance, two mile heats. Four Cols are entered, and the subscription closed. WEIGHTS AS FOLLOW: Aged 135 lbs. 6 years old 128 5 do. do. 118 4 do. do. 106 3 do. do. 90 Mares & Geldings allowed 3 lbs. ESME SMOCK, who is now proprietor of the Course, informs gentlemen of the turf, that the money to be run for on each day, will be placed in the hands of the Judges.—He is willing to rent the Dining House, and the Booths in the Field. Persons will be placed at the gate to receive Toll, as usual.—He will also furnish public and litter for race horses gratis, and board servants at 50c. pr. day. March 26. (eptd)
EDUCATION & POLITE ACCOMPLISHMENTS, FOR YOUNG LADIES:
AT WILLIAMSBURG, VA.
WHILST the enlightened period in which we live dawns with benign influence on female improvement, and parents every where become emulous to obtain for their daughters, the advantages which polite education confers, an establishment calculated to gratify this amiable and just solicitude, cannot fail to excite interest, and meet approbation. Mr. Anderson's institution for the instruction of young ladies, formed in the bosom of a society distinguished for intelligence and refinement, and embracing both the useful and ornamental branches of their improvement, enjoys peculiar advantages of situation. As the seat of a justly celebrated university, and the residence of many families of the first distinction in our country, Williamsburg presents a scene, propitious in the highest degree to mental and personal accomplishments; and with a view, particularly, to the general improvement of young ladies, no place has superior claims to attention. The severity of the past winter occasioned a temporary suspension of the exercises of the school, but they are now resumed; and parents, who wish to benefit by this establishment, may obtain further information, on application by letter, or otherwise, to Mr. L. Anderson, Postmaster, Williamsburg, Va. April 26. ep2w&Ttf.
FIFTEEN DOLLARS REWARD.
RANAWAY from the subscriber, the night of the 21st instant, two negro men, to wit: DAVID, a dark mulatto man, about 30 years of age, five feet six or 7 inches high, has left two teeth below before, which causes him to not speak plain; he has a bushy head of hair, some scars in his face, a very pleasing countenance, and thin visage; his clothing are but indifferent, but 'tis likely he will change them, rather low-legged, he was committed to Chesterfield county jail on the 1st of November last, and agreeable to law he was sired out; he said that he belonged to a Mr. Johnson, that lived in North Carolina, & he bought him at Richmond; he made his escape from him in Amelia County, and was on his way back down the country, where he was raised. I will give ten dollars for him delivered to me, or secured in any jail, (besides what the law allows) and information given me of the same. The other is named GABRIEL a black man about 26 years of age, five feet 9 or 10 inches high, has some scars in his face, he flutters a little, very pleasing countenance, his four finger on his right hand has been cut length way of the finger, which causes it to be rather across the middle finger, and his great toe on his right foot has been hurt so as to make it about half an inch shorter than the other; this fellow was very well dressed; he was raised about 25 miles below Richmond. I will give five dollars reward for him delivered to me, or secured in any jail, and information given me of the same, besides what the law allows. VALENTINE WINFREE, jr. Chesterfield Courthouse, April 22. (ep2w)
FOR RENT:
THE Large White House at Rocketts, formerly occupied by Mr. William Fenwick, and afterwards by Mr. Braxton Craddock. For terms apply to GALLEGO, RICHARD & CO. January 11. (it)