The enquirer (Richmond, Va.), 1805-12-31 00:00:00

The Enquirer.
PUBLISHED BY THOMAS RITCHIE, OPPOSITE THE POST-OFFICE AT FIVE DOLLARS PER ANNUM. (PAYABLE IN ADVANCE.)
NUMBER 70.]
RICHMOND, TUESDAY MORNING, DECEMBER 31, 1805.
[VOLUME 2.]
Richmond Prices Current.
Table with 4 columns: Item, D., C., D. C. Items include TOBACCO, FLOUR, WHEAT NEW, INDIAN CORN, WHISKEY, BACON, HEMP, BAR IRON.
TO BE RENTED OR SOLD, To the highest bidder, on the premises, on the 15th day of January next: THAT Valuable Plantation called WINDSOR...
At the same time and place, WILL BE SOLD—All the Stock of Cattle, Horses, Mules, Sheep, Hogs, &c. Plantation Utensils...
Also will be Sold, A valuable collection of LAW BOOKS, &c. &c. The Land is subject to the widows dower; it sold the terms of payment will be made known on the day of sale.
WILLIAM LANGBORNE, Executor of Wm. Dandridge, dec'd.
WILL BE SOLD, At Public Auction, at the Eagle Tavern, in the city of Richmond, on Monday the 6th day of January:
TWO LOTS in the said city on Shockoe Hill, one of which is at present occupied by Doctor McClurg...
This property is likewise subject to the widows dower. The terms of payment will be made known on the day of sale. Wm. LANGBORNE, Exec't. Nov. 19.
NOTICE.
HAVING commenced the BURR MILL STONE MAKING, in September last, at my shop, near the Basin of the Canal, I have now finished for sale stones of 4 feet 4 inch & 5 feet diameters...
PRIVATE ACADEMY.
DOCTOR HALLER will open his Seminary in Richmond, on the first day of January, 1806. His course of instruction will commence every morning...
The charge for his public tuition will be 15 dollars per quarter: besides four dollars entrance money for each scholar...
For the Lectures on Natural Philosophy and Chemistry, with experiments and the use of the philosophical apparatus, 20 dollars per quarter, each scholar.
Only children of parents residing in Richmond, will be admitted as Day Scholars: all others, whose parents reside at any distance, must live in the buildings of this institution.
His charge for Boarding, Lodging, Candles and Fire, (the feet for tuition not included), will be 10 dollars per quarter, to be paid in advance...
WANTED ON RENT, A COMMODIOUS HOUSE AND LOT, with fixing attached thereto. The vicinity of the river would be preferred. Apply to the Editor of the Enquirer. December 10.
MANCHESTER TURNPIKE COMPANY. 9th REQUISITION.
THE shareholders of said company, are hereby required to pay into the hands of James Brander, treasurer, the additional sum of ten Dollars, on each share, on or before the 8th day of February next.
Delinquent shares on former Requisitions. NOTICE is hereby given, that all shares upon which there shall appear to be due delinquencies of former requisitions, will be offered for sale at Mr. Brooks's tavern, in Manchester, on the 11th day of February next, at 12 o'clock in the forenoon.
By order of the Directors, JAMES BRANDER, Clerk. December 27. f&c. 11th F.
NOTICE.
THE subscriber intends to open an Academy, in the town of Fredericksburg, on the second Monday in January ensuing, for the instruction of youth.
To the morals and general deportment of the pupils, as well as to their literary pursuits, an attentive attention shall be paid; and every effort made...
The house procured for the purpose, is large, convenient, and well situated; and a few small boys, to live in the house with me, and to be under my immediate observation, may be accommodated with every thing except bedding.
The terms for Board, Tuition, Fuel, Washing, &c. will be £. 50 a year; and for tuition only 30 dollars, to be paid in each class, quarterly; and to receive payment, for the first quarter only, would be an accommodation.
A young man of an assistant, of sobriety, and general good character, and capacity, will be wanted in the Academy, and may, perhaps, be agreeably accommodated by applying to ABNER WAUGH. Fredericksburg, Dec. 27.
CHINA WARE, &c.
THE subscriber has just received a handsome assortment of China, Glass, and Liverpool Ware, amongst which are some elegant sets of Tea China...
DANIEL TRIPLETT. (cp4w.) December 3.
JOHNSON & REAT.
TRAVELLERS, SILVER-SMITHS & GILDERS. RETURN the public in general their thanks, for the liberal encouragement they have received, and with confidence of giving general satisfaction, they hope for a continuance of it.
They have now on hand, a handsome assortment of work, consisting of the following articles, viz:—Table, Desert and Tea Spoons; Soup, Toffee, Sauce and Mustard Ladles; Salt Shovels; Sugar Tongs; Touch and Ear Picks; Pencil Cases; Pincushion Chains and Reams; Scissor Chains; Silver Thimbles; Tortoise Shell and Pearl-handled Penknives.
Persons wishing to purchase by the quantity, will be allowed a reasonable credit by giving approved security in the city. Orders will be strictly attended to, and discharged with dispatch, by the subscribers. JOHNSON & REAT. Nov. 19. eptf
N.B. The highest price given for Old Gold and Silver. Nov. 19. eptf
A NEW TAVERN.
REUBEN BURNLEY respectfully informs the public, that he has opened a House of Entertainment in that commodious new building west of the Court house. Attached to the premises is a new stone stable inferior to none in the state; and that he is in every respect, well provided for the accommodation of genteel company.
N.B. Very liberal wages will be given for a good Cook—a male would be preferred. Charlottesville, Nov. 22. ep2m
HUGHSTON'S newly invented PATENT METAL TALLIC HONE.
may be had at Mr. Geo. Greenhow's store, opposite the Eagle Tavern. The utility of this machine for setting Razors and other instruments which require a fine edge, renders it an object worthy the attention of every individual who may have occasion for its use. December 12. tf
BURR MILL STONES, OF ALL SIZES; and PLAISTER OF PARIS, of an excellent quality.
FOR SALE, AS USUAL, BY WILLIAM DAVIDSON, near the Market. Dec. 4. [eptf.]
FOR HIRE, the ensuing year:
A BLACKSMITH, perhaps inferior to none in Virginia. He has been brought up to execute the iron work of the carriage making business. Enquire of Wm. B. PAGE, Shockoe Hill. December 14. eptf
A GENERAL ASSORTMENT OF BLANKS, FOR SALE AT THIS OFFICE.
DOCUMENTS.
Accompanying a MESSAGE from the PRESIDENT of the United States. Comprising as full length all the papers not previously inserted in the Enquirer.
AFFIDAVIT No. 5.
Territory of Orleans. County of Point Coupee, Sept. 5, 1805.
On this day appeared before me, Ebenezer Cooley, a justice of the peace for the county of Point Coupee, Nathan Kemper, who being duly sworn, declared: That on the night of the 3d inst. as he believed, between the hours of 11 and 12, the doors of his house were forced open by a party of armed men, armed with muskets, as well as he could ascertain, to the number of 18 or 20; that as soon as the party had entered, they cried surrender, seized his brother Reuben, and dragged him out at the door. After a struggle, during which they had beat him with a club, and so choked him that he had barely power to say—I surrender. During this time a part of the same party seized the deponent by different parts of the body, and dragged him from his bed where he lay with his wife and child, out through the door; after which he heard some of the party who remained in the house cry out, if the bitch utters another word, put her to death. Whereupon he heard a blow given at the bed, and though he frequently called to his wife to know if she was still alive, could get no answer. After the deponent and his brother Reuben had been fast bound, they were conducted along the road leading to Pinckneyville, as far as the plantation of Mr. Abraham Haton, being still within the limits of the Mississippi territory; and thence down the main road leading towards the line of demarcation. At some small distance above the line, they were conducted a short way into the woods, where they halted a considerable time, until he heard a detachment of the same party coming along the main road, to which they were again led back from the wood, and discovered their brother Samuel Kemper, in the custody of the said detachment. From thence, they were conveyed across the line of demarcation, and delivered to capt. Solomon Allton, by whose party they were put on board a pirogue at Tunica landing, under a guard of six armed men, who said their orders were to take them to Baton Rouge, and there deliver them at the fort. From Tunica they departed at day-break, and as they passed along by the shore of Point Coupee, called out that they were American citizens, and claimantly taken from their habitations within the Mississippi territory. After which they were accused by lieutenant Wilton, commandant of the garrison at Point Coupee. The deponent further says, that among those who surrounded his house, he recognized the following persons: Minor Butler and his brothers-in-law Ritchie, Abraham Horton and several of said Horton's negroes, all inhabitants of the Mississippi territory. (Signed) NATHAN KEMPER. Sworn before me this 5th day of September, 1805. (Signed) EBENEZER COOLEY, Justice of the Peace.
AFFIDAVIT, No. 6.
Territory of Orleans, County of Point Coupee, Sept. 5, 1805.
On this day appeared before me, Ebenezer Cooley, justice of the peace for the county of Point Coupee, Samuel Kemper, who being duly sworn, declared: That on the night of the 3d inst. about the hour of twelve, as he believed, being at his house in the town of Pinckneyville, in the Mississippi territory, he heard a knocking at the door, and asked who was there: An answer was made, which he did not understand, and the outer door burst open. The door of the bed room was then forced, and a blow made at the bed with a double barreled gun. The deponent was then seized, and dragged out of the bed by a number of men, who drew him into the room which they had entered, and from thence after a struggle into the street. He was then thrown on the ground, and a rope was tied round his neck, by which he was dragged about one hundred and fifty yards. He was then suffered to stand upright, and attempted, by crying out, to give an alarm, upon which he received a stroke of a pistol on the head, by which he was stunned. The rope being removed from his neck to his arm, he was compelled to run for the space of about a quarter of a mile, after which he was forced to get up behind a man on horse back: a negro who ran on foot holding the rope by which his swift was tied. He was then led along the main road across the line, and delivered to a party of men, who conducted him to the landing of Bayou Tunica. Then he was put on board a pirogue, with his two brothers, Reuben and Nathan Kemper, and conducted down the river towards Baton Rouge. When opposite Point Coupee, they gave the alarm and were received by lieutenant Wilton, commandant of the garrison of Point Coupee. (Signed) SAMUEL KEMPER. Sworn before me, this 5th day of Sept. 1805. (Signed) EBENEZER COOLEY, Justice of the peace.
AFFIDAVIT, No. 7.
Territory of Orleans, County of Point Coupee, Sept. 5th, 1805.
On this day appeared before me, Ebenezer Cooley, justice of the peace for the county of Point Coupee, Reuben Kemper, who being duly sworn, declares: That on the night of the 3d inst. about the hour of 12, being at the house of Nathan Kemper, within about two miles of Pinckneyville, within the limits of the Mississippi territory, the house was surrounded, and the doors thereof forced open, by a party consisting of at least nineteen persons, whereof some were negroes, and some white men in disguise. That among the latter he recognized and personally knew the following persons: Louis Ritchie, Minor Butler, Abraham Horton, James Horton, and two others, whose names he did not recollect, but expected soon to be able to ascertain, all of whom are inhabitants of the Mississippi territory; and Marcus Carr, James Say, Philip Say, and others, residing within the Spanish lines. Of the negroes, whose number amounted to seven, at least three, whose names are William or Bill, Nat and Moses, and others whose names he did not recollect, he knew to be the property of the above mentioned Abraham Horton. That the said party, all of whom were well armed, after having forced their way into house, violently forced him from his bed room, after a struggle of about 15 minutes, during which he received several violent blows on the head and face; and after having torn off his shirt and tied him with cords, forced him over the line into the Spanish territory, where they delivered him up, with his two brothers, Nathan and Samuel Kemper, bound in the same manner, to Solomon Allton, who commanded a large party of armed men. That said Allton received them within 10 or 15 feet of the line, on the Spanish side, from thence they were conveyed to the Bayou Tunica landing, bound as already mentioned, and nearly naked, where they were put on board a pirogue, and there tied all three together, by orders of said Allton. That said pirogue was commanded by William Broher, and manned by him for six months, but heard that Flanagan and his family had gone up to the Bayou Pierre. When said company came up, this deponent was sitting on his fence, about fifty yards from his house, and after what had passed as before related, an officer among them by the name of Le Near, ordered this deponent to go to his own house, saying that he should put him and his family under guard. To which this deponent replied, that he should not be put under guard by him, unless he had authority from the United States or the officers of this territory to do so. Whereupon the officer drew his sword, or dirk, and threatened to run this deponent through in an instant if he did not submit. Then one of the company cocked up his pistol, but said nothing. Then Olafcock came up with a rifle in his hand, and ordered this deponent to go along instantly, or he would make him. This deponent replied, that he would not go; that they had no business above the line, and ordered them to go below, where they belonged. Le Near replied to this, that his authority was above the line, as well as below. Damn the line, he did not regard it, and other words to that purpose. After this, the party went off, and left this deponent. But before they went off, two of this deponent's sons came up, and he told them what had passed, and ordered them to go to the house and get the guns, and they would kill all the damned Spaniards, for they had no business above the line, and upon saying this the party left him. And he further saith not. (Signed) THOMAS HOLDEN, Sen. Taken this 7th day of September, 1805; at the town of Washington, in said territory, before (Signed) THOMAS BROWN, Governor of the Mississippi territory to his excellency Charles de Grand Pre. Town of Washington, Mississippi Territory, September 6, 1805.
AFFIDAVIT, No. 10.
Mississippi Territory, ss.
Be it remembered, that William Flanagan, jun. of Wilkinson county, in said territory, personally appeared before the undersigned, one of the superior judges of said territory, and being of lawful age, upon his oath deposited and faith, that lieutenant Olafcock and a party of twelve light horse, being part of captain Jones's company or squadron of Spanish light horse, on the afternoon of the 21st day of August last, came over the line of demarcation to this deponent's house, which is on the Tichouf creek, about two miles above the line, and took him and his wife and carried them about five miles below the line, and kept them under guard all night, and next morning dismissed his wife, who was taken home by her brother, after she was dismissed they carried this deponent 15 miles further, and told him he must go to jail or give up his horse. He refused to give up his horse till they cocked their guns and pistols all around him, there being eight of them then present, and said he must pay their expenses, give up his horse, or go to jail. He replied he had rather lose his horse than go to jail. Whereupon they took his horse, bridle and saddle and dismissed him, and he returned home on foot. The names of the men who composed said party of light horse were John Olafcock, lieutenant, Benjamin Le Near, also an officer, Abraham Jones, son of the captain Kennedy, William Lee, John Bates, Hale, Obiel Brewer, Conner, and the names of the others he does not recollect; and further saith that most of the party were formerly American refugees who fled to the Spanish country, and further saith not. (Signed) WILLIAM X FLANAGAN, mark. Taken this 7th day of September, 1805, at the town of Washington, in the territory aforesaid, before (Signed) THOMAS RODNEY.
AFFIDAVIT, No. 11.
Mississippi Territory, ss.
Be it remembered, that Thomas Holden, sen. of the county of Wilkinson, in said territory, personally appeared before the undersigned, one of the superior judges of said territory, and being sworn, deposited and faith, that he lives in said country, on the Tichouf, about half a mile above the line of demarcation, upon land which he claims by pre-emption, and now cultivates; that on the afternoon of the twenty-first day of August last, lieutenant John Olafcock, and twelve men of the Spanish light horse, part of captain Jones's company or squadron of West Florida, came over the line of demarcation to this deponent's house and enquired for William Flanagan, jun. who had lived about seven miles below the line, in the Spanish territory, and, as they said, had killed a certain Joseph Sharp, also a Spanish subject, and said that they were in pursuit of said Flanagan, and enquired of this deponent if he had seen Flanagan, or knew where he was. This deponent replied, that he had not seen
LETTER, No. 1.
Governor of the Mississippi territory to his excellency Charles de Grand Pre. Town of Washington, Mississippi Territory, September 6, 1805.
SIR, I was informed that a number of armed men, subjects of the king of Spain, on the 3d instant, entered this territory, in the neighbourhood of Pinckneyville, and there with force and violence, seized three persons by the name of Kemper, abused them in an inhuman manner, tied and carried them into your territory, and threatened considerable outrages to others in the same neighbourhood. This conduct, sir, does not comport with that good understanding and friendly disposition, supposed to exist between our governments. Neither is such conduct to be tolerated by a government which is influenced in all its relations with others by a regard to justice and national faith, especially one so ample in resources to do justice to itself and to command respect from others, as the United States. This letter, sir, is dispatched to you by a special messenger, in order that your excellency may be speedily advised of this unaccountable transaction, and provide against similar outrages and their consequences; as also to afford me some explanation of the one which has given rise to this letter. I am with great respect, yours, &c. &c. (Signed) R. WILLIAMS. His Excellency Charles de Grand Pre.
LETTER, No. 2.
Lieutenant Wilson to governor Williams. Point Coupee, Sept. 5, 1805.
SIR, I conceive it to be my duty to give you a statement respecting the rescue of the Kemper's from a party of Spanish subjects. Information was given to me that Kemper, and several Americans were taken by force of arms from their residence at Pinckneyville, by a party of Spanish subjects, as I was on their way to Baton Rouge. I immediately manned the boat, and took the Kemper's, Reuben, Nathan and Samuel, together with the guard, prisoners, who I have in confinement, and shall keep them so, until I receive orders from the proper authority for their release. I have had taken the depositions of the Kemper's, and two of their guard, which I enclose you. My force is weak, and I expect an attack from the other side of the river. I shall, however, give them as hearty a reception as the situation of my force will admit of. As governor Claiborne is, I presume, with you, I hope you will consult with him, and let me know, as speedily as possible, what is to be done. I have wrote captain Sparks, at Fort Adams, to send me a reinforcement, as I think the good of the service really requires it. I have the honor, &c. &c. (Signed) WILLIAM WILSON, Lieutenant commandant.
LETTER, No. 3.
Captain Sparks to the governor of the Mississippi territory. Fort Adams, September 7, 1805.
SIR, I have the honor to forward you dispatches from captain Wilson at Point Coupee. If it should be your wish to have the party therein referred to, taken to this place, to be delivered over to the civil authority, the command of one subaltern and twenty-five men I have sent from this post to reinforce captain Wilson, will be instructed to execute it. I am, &c. (Signed) R. SPARKS. Captain commandant. His excellency Robert Williams, qf governor of the Mississippi territory.
LETTER, No. 4.
The governor of the Mississippi territory to lieutenant Wilson, commandant at Point Coupee. WASHINGTON, M. T. Sept. 9, 1805.
SIR, I this moment received your dispatch, dated the 5th inst. informing me of your having taken and confined a Spanish party which had, on the night of the 3d instant, forcibly taken from this territory, the three Kemper's, whom the party had in their possession when you took them. Your conduct, sir, on this occasion, merits approbation so far as I am informed of it. I request that you will, with all possible dispatch, have conveyed to this territory the whole of the offending party, to be delivered over to the civil authority; also the Kemper's. I request you will deliver them at Fort Adams, where further orders will remain. Captain Sparks has informed me the reinforcement he sent you, will act also as a guard for the above purpose. I enclose for your information the copy of an order which I have this day issued in consequence of their outrages, and others committed on the line eastwardly from Pinckneyville. I am, &c. (Signed) ROBERT WILLIAMS.
LETTER, No. 5.
The governor of the Mississippi territory, to captain Sparks, commanding at Fort Adams. NATCHEZ, September 9th, 1805. 10 o'clock at night.
SIR, As I was starting from Washington to this place, I received your letter of the 7th instant, with a dispatch from captain Wilson.

My answer to captain Wilson I have sent open for your perusal, which I pray you to forward immediately.
I request that you will retain and safely keep under military authority the party that may be sent to you, agreeably to my directions to captain Wilson. Until they are received by the civil authority. Accept my hearty approbation of your and captain Wilson's attention on this occasion.
I am, &c. ROBERT WILLIAMS. Captain Richard Sparks, commanding at Fort Adams.
LETTER, No. 6. The Governor of the Mississippi territory's orders to Col. Ellis of the 5th regiment of the militia said territory. HEAD QUARTERS, Washington, M. T. September 9th, 1805.
SIR. You will on the receipt of this order immediately assemble from your regiment the following detachment for duty, viz. Two captains, two lieutenants, two ensigns, eight sergeants, eight corporals, two drummers or bugle horn players, and eighty two privates to compose two equal companies. They are to be well armed, and supplied with 12 rounds of ammunition per man. Not having the 12th of your regiment by actual return, it must rest with yourself from which battalion you are to detach them. This detachment is to act as a patrol near and along the line of demarcation, to prevent or check irregularities of every kind. They are to rendezvous at Pinckneyville from whence they will be detached to their different posts. As soon as they are assembled a return of them will be made, naming the commissioned officers, and reporting the strength, and the state of arms, &c. &c. and forwarded to the inspector at this place, when you will receive further orders. In the mean time the detachments will be active as patrols, examining all equivocal characters passing the line from below, and especially if by night, stopping and securing any armed parties, improperly passing the line as in some late instances; and in short affording all proper protection in their power to the citizens of the United States and their property. The better to effect this one captain and his command, will be detached to the eastern part of the line to be guarded, and take post on or near the Tiehauf, from whence the communication must be kept up to meet the patrol detached from post near the west end of the line.
Every occurrence worthy of note can and must be communicated in this way to the senior captain whose post will be in or near Pinckneyville; and who will report either direct to head quarters or to the inspector's office. Should any hostile attempt be made, either on the citizens, their property or the detachment on duty, force must be repelled with force.
Signed, R. WILLIAMS. John Ellis, eq. lieut. col. commanding the 5th regiment of Militia. (To be continued.)
Seat of Government. SENATE UNITED STATES. Wednesday, December 18.
The SENATE have appointed Messrs. Tracy, Anderson, Worthington, Adams & Wright a committee to examine the act admitting Ohio as a state into the union, and authorizing them to report by bill or otherwise, on the manner in which the money appropriated by the said act ought to be applied. They have likewise appointed Messrs. Mitchell, Baldwin and Tracy, a committee, to enquire into the expediency of appropriating a sum for the purchase of Maps and Books for the library. On Monday and Tuesday last the Senate were engaged on a motion of Mr. Bradley, for leave to bring in a bill to prohibit the importation of slaves into any port or place, within the jurisdiction of the U States from and after the 1st day of January 1808.
On this motion the previous question was called, viz. "Shall the main question be now put, and passed in the affirmative as follows: YEAS—Messrs. Anderson, Bradley, Condit, Penner, Howland, Kitchell, Logan, Maclay, Mitchell, Plumer, Smith of Md. Smith of Ten. Smith of Ver. Stone, Thurston and Worthington—16. NAYS—Messrs. Adair, Adams, Baldwin, Gaillard, Gilman, Jackson, Moore, Pickering, Sumpter, Tracy and Wright—11. The Yeas and Nays were then taken on the Main Question, which passed in the affirmative, as follows: YEAS—Messrs. Anderson, Bradley, Condit, Penner, Gilman, Howland, Kitchell, Logan, Maclay, Mitchell, Plumer, Smith of Md. Smith of Ten. Smith of Ver. Stone, Thurston, Worthington and Wright—18. NAYS—Messrs. Adair, Adams, Baldwin, Gaillard, Jackson, Moore, Pickering, Sumpter and Tracy—9. Mr. Bradley then introduced the bill, which received a first reading. On Wednesday Mr. Logan gave notice that he should to-morrow ask leave to bring in a bill, to suspend the commercial intercourse, between the United States of America and the French island of St. Domingo. The bill to prohibit the importation of slaves into any port or place within the jurisdiction of the U States from and after the 1st day of January 1808, was read the second time.
A motion was made to make it the order of the day for the first Monday in February, and lost; when it was ordered that its further consideration be postponed to the first Monday in December, which is equivalent to a rejection of the bill. On this question the Senate were equally divided, 14 members for, and 14 members against the motion, and the Vice President gave the casting vote. We understand that in the course of the discussion, it was allowed on all hands that as soon as the time arrived when Congress shall possess the constitutional power of prohibiting the importation of slaves, it would be proper for them to exercise it. The opponents of the bill took two grounds, the one consisting in the inexpediency of legislating on the subject before the year 1808, and the other in the alleged unconstitutionality of legislating until that period.
HOUSE OF REPRESENTATIVES. WEDNESDAY, December 18.
An engrossed bill for the relief of Theodorick Armistead was read a third time and passed without a division. Mr. Findley from the Committee of Elections, made a report on the petition of Thomas Spalding. The report details the circumstances of the case, and concludes with a resolution that the sitting member, Cowles Mead, is not, and that the petitioner, Thomas Spalding, is entitled to a seat in the house. Referred to a committee of the whole house on Monday. On motion of Mr. John C. Smith the House resolved itself into a committee of the whole, Mr. Dawson in the chair—on the bill "in addition to an act to make provision for persons that have been disabled by known wounds, received in the actual service of the revolutionary war."
The committee having passed thro' the bill, reported it without amendment. The house immediately took up the report; and on the question to engross the bill for a third reading.
Mr. Alston asked for information with regard to a new principle which appeared to him to be contained in the first section. He observed that it was unknown to him whether the U States had ever placed volunteers or militia on their pension list. If this had not heretofore been done, and it should be done at this late period, he did not know where the business would end. It would be no wise difficult for any person to bring forward some kind of evidence of a disability received in the revolutionary war, by shewing that he had performed some service or other. With regard to those present on the pension list of the states, it would be extremely difficult for them to produce the evidence required by this law; and the states might after the passage of this bill sweep from their list pensioners of the description contemplated in the bill. Unless a proper explanation of these circumstances were made, Mr. A. said he could not vote for the bill.
Mr. Gregg moved to strike out the words relative to the making provision for persons disabled in the militia, or acting under the authority of a particular state. He said that he thought it a forced construction of the act of 1803 to extend its provisions to those persons employed in the militia service, or who acted under particular states. He read the provisions of that act, and observed that they did not contain a word respecting the militia, or those who acted under the orders of states. He could not see the propriety of placing on the pension list those who acted under the authority of the states. There might be some bodies who had been ordered out by particular states, who so far from being recognized by the general government, had been called out in contravention of their orders. It would, Mr. G. thought be very extraordinary to place such men on the pension list of the United States. He believed that all proper objects who had been drawn out under state orders were on state pension lists. If these men were set afloat by this act, they might at this late day, owing to the difficulty of collecting proper evidence, be left, without remedy.
Mr. John C. Smith said that the bill under consideration was precisely similar to one which had, at the last session, been agreed to in the house, and had been ordered to be engrossed for a third reading; but which had not been conclusively acted upon. He observed that he had never been very tenacious of the principle on which gentlemen had animadverted; though he believed that the wounds received by the description of persons referred to had been as serious to them, and as important to their country, as those received by soldiers in the actual service of the U. S. It had been remarked that some of the states had made provision for this description of persons. Whether this was, or was not the case, he did not know. But if gentlemen would advert to the act of 1796, they would find a provision made for commissioned and non-commissioned officers and privates of the militia who had been in the service of the U. S. since the revolutionary war. The principal in this bill was the same with that in the bill passed in 1796. In that instance the militia had been called out for the general defense under the authority of particular states. Congress then thought proper to provide for such a case. Mr. Smith did not know any thing which made it less proper to provide for similar cases which had occurred during the revolutionary war. It was true that the provision would be applicable to but a few individuals, but this could not affect their claims to the justice of their country. How far this provision might operate unequally, especially on states who had already made provision for their militia, he did not know. He was not acquainted with the facts alluded to. He was perfectly willing that the bill should lie, until correct information should be obtained.
Mr. Marion hoped the words would not be struck out. He perceived no real difference between the claims of the militia and of those in regular service. It was true that some states had made provision for their militia. But every state in the union ought to bear the burthen of the war equally, it ought not to fall exclusively on those states which had been invaded, and whose militia had consequently been the most exposed. Although such states had made a provision it was more consonant to equity and justice that the union should bear the burthen. Gentlemen should recollect that the section only provided for those who had been engaged in the general service. The question was then taken on Mr. Gregg's motion, and lost—Ayes 16. It was then ordered, without a division, that the bill be engrossed for a third reading to-morrow.
On motion of Mr. Southard, Resolved, That a committee be appointed to enquire whether any and if any, what alterations are necessary in the act respecting the compensation to grand and other jurors summoned to serve in the courts of the U. S. Mr. Southard prefaced this motion by stating that he had been informed that jurors in the different courts of the U. States received various compensations. On motion of Mr. Thomas the house resolved itself into a committee of the whole—Mr. J. C. Smith in the chair—on the bill "supplementary to the act entitled an act regulating the grants of land appropriated for the refugees from the British provinces of Canada and Nova Scotia."
This bill directs the following locations of land and patents to be granted: "To Charlotte Hazen, widow of Moses Hazen, sixteen hundred acres; Elijah Ayre, junior, one thousand acres; Elijah Ayre, jun. three hundred and twenty acres; and Anthony Burk, two hundred and fifty acres." Mr. Thomas explained the grounds on which this bill is predicated, in virtue of unexecuted resolutions of the old Congress:—when the committee rose and reported it without amendment; in which report the house immediately concurred, and ordered the bill to a third reading to-morrow.
Mr. Newton presented a memorial from A. J. Villard, representing his having made considerable improvements in the construction of gun-carriages, and submitting to Congress how far it may be expedient to compensate him. Referred to the committee on that part of the President's Message that relates to the organization and classification of the militia, and the augmentation of our land forces. Mr. Morrow presented a petition, of a very interesting nature, from Francis Messonier, a native of France; stating that from numerous experiments made by him, in the vicinity of Cincinnati, in the state of Ohio, he believes he will be able to cultivate the vine with complete success; that the experiments made have issued in results equal to his most sanguine expectations; that he believes he will be able to supply wines of a quality equal to those of France competent to the demand of the state at one fourth of the price of imported wines; that the fever and ague, so prevalent on the western wa-
ter of the Ohio are favorable to the cultivation of the grape as the hills of France; and for soliciting either the grant, or the sale on an extended credit of section 29, in township No. 3, range 9, on Mad river, a situation which he considers singularly favorable to a vineyard. Referred to the committee of Commerce & Manufactures.
Mr. Parke moved the reference of the report on the letter of the President of the convention of Indiana, relative to the suspension of the 6th article of the compact between the U. States and the people of Indiana, and the memorial of the inhabitants of the said territory, to a select committee, which was agreed to, and a committee of seven members appointed. Mr. Parke presented a memorial from the Legislative Council and House of Representatives of the Indiana territory, praying, 1. The right of introducing slaves into the territory. 2. That residence for a prescribed time, and the payment of taxes may entitle every man to the full enjoyment of political rights.
3. A portion of the salt ticks and springs (belonging to the U. States) to the territory, on condition that the lands of the U. States should be exempted from territorial taxes for seven years. 4. Submitting the situation of various species of unliquidated claims for lands. 5. Reconciling against a division of the territory. 6. And praying that they may be admitted, as soon as their population shall allow, as a state into the union, and not be divided into several states.
Referred to the committee last appointed. On motion of Mr. J. C. Smith, the committee of Claims were discharged from the further consideration of the petitions of John McIntire and Edwin Lewis, which were referred to the committee on the public lands. Mr. Varnum, from the committee appointed to prepare rules for the government of the armies of the U. States; reported a bill for establishing rules and articles for the government of the armies of the U. States; which was referred to a committee of the whole on Friday.
Mr. Morrow presented a petition from sundry inhabitants of Indiana, praying to be annexed to the state of Ohio, which was referred. Mr. Tenny from the committee of Revisal and Unfinished Business, made a further report. Leave having been given, Mr. Tenny presented a bill to revive and continue in force an act to suspend in part the act regulating foreign coins and for other purposes; which was referred to a committee of the whole House to-morrow. Mr. Morrow presented a petition from sundry purchasers of lands from the U. States, praying for an extension of the times of payment, which was referred to the committee on the public lands.
THURSDAY, December 19.
The SPEAKER laid before the House a letter from governor Harrison, cov. ing sundry resolutions of the legislature of Indiana against a division of that territory, which were referred to the committee constituted yesterday on the same subject.
The bill supplementary to the act "regulating the grants of land appropriated for the refugees from the British provinces of Canada and Nova Scotia"—was read the third time, and passed without a division.
The bill "to make provision for persons that have been disabled by known wounds, received in the actual service of the U. States, during the revolutionary war"—was read the third time and passed by a great majority—Ayes 84.
The bill supplementary to the act making provision for the payment of claims of citizens of the U. S. on the government of France, &c. under the convention of April 30, 1803, having passed through the committee of the whole, was ordered to be read a third time to-morrow.
The report of the Committee of Commerce and Manufactures on the petition of E. Toppan and others, authorizing the remission of duties on certain goods exported to New-Orleans, having passed through the committee of the whole, the House referred the same to the said committee to bring in a bill.
In committee of the whole—Mr. Gregg in the chair—on the bill to revive and continue in force an act entitled an act to suspend, in part, the act entitled an act regulating foreign coins, and for other purposes. The bill was read as follows:
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the act, intitled "An act to suspend in part the act, intitled an act regulating foreign coins, and for other purposes," approved on the thirtieth day of April, one thousand eight hundred and two, shall be, and the same is hereby revived and continued in force for the term of years from the passing hereof.
Mr. Tenny moved the following substitute after the enacting words: "That so much of the act entitled an act regulating foreign coins, and for other purposes, as is contained in the second section thereof be and the same is hereby further suspended during the term of years from the end of the present session of Congress."
Mr. Varnum wished that the section referred to, which prohibits any foreign coin, excepting Spanish milled dollars, or parts thereof from being a legal tender, might, instead of being suspended, be repealed. That provision, he said, had been introduced under the idea that the coin of the United States would be sufficient for the demand, which had been found to be erroneous.
Mr. J. Clay differed so widely from the gentleman from Massachusetts that he entertained strong doubts of the policy even of suspending the provision. There were very few foreign coins in circulation besides Spanish milled dollars and British guineas. If the suspension were therefore confined to these, it would be, so far as respected the public convenience, equivalent to a repeal. Every one knew that there had been some years past a large quantity of bad money in circulation. By the proposed repeal, this description of money would be again brought back. Mr. Macon (Speaker) said that if the idea of the gentlemen from Pennsylvania were adopted, it would be necessary to go further than he had suggested. In addition to the coins mentioned by him, it would be proper to extend it to Portuguese guineas, which were extensively circulated. But he considered the proposition of the gentleman from Massachusetts the best. When we can do without foreign coins we may declare that they shall not be a legal tender. Since 18th May, when the provision contemplated to be renewed, ceased, there had been no complaints. The necessities of the country required the use of French coins. With regard to our own coin, in many parts of the union it
was not in part of the country, Mr. Macon said it never found its way. Mr. Varnum moved to amend the amendment of Mr. Tenny, by striking out the words in Italic , and inserting in lieu thereof the word "repealed."
Mr. J. Clay hoped the amendment would not take place. If there were any real inconveniences it would be entirely obviated by the proposed suspension. He acknowledged that when he was up before, the Portuguese gold had escaped his attention. But it was so clipped and mutilated as scarcely to be considered as coin; and the fact was that it was chiefly confined to the banks. If the repealing provision should be confined to the gold coins he should have no great objection to it; but there was no necessity of introducing into the circulation any other silver coin than that now authorized. Some of the foreign coins was so roughly executed as not to furnish a proper protection against counterfeits. The great security, attending coins as well as bank notes, was the excellence of the workmanship.
Mr. Jackson was in favour of the amendment offered by the gentleman from Massachusetts (Mr. Varnum). All economical writers agreed that the wealth of nations was intimately connected with the quantity of the circulating precious metals. For this reason he thought it impolitic to restrict the circulation of foreign coins in the United States. It was likewise improper to legislate frequently on the subject. It had been found that the mint could not furnish a sufficient supply of coin for our purposes, especially while such vast quantities went out of the country. All objections made to a repeal were obviated by the consideration that the existing law provides that foreign coins shall pass by weight. Mr. Jackson concluded by saying that it was his opinion that it was for the interest of the country that money should circulate more extensively than it ever had done.
Mr. Varnum said that the gentleman from Pennsylvania grounded his objection on the idea that foreign coins were more easily counterfeited than those of the United States. He should, however, recollect that those who resided in the country did not possess that kind of knowledge which belonged to those acquainted with bank transactions; they saw but little money, and always in small quantities; and were as likely to take false coin of the United States, as foreign coin. The real situation of the United States as to money was this. In some parts of the country there was no specie whatever; there was nothing but paper. In the eastern parts of the union this was peculiarly so, owing to the great number of banks, which circulated the greater part of their notes at a considerable distance. This scarcity of specie arose in a great measure from foreign coins not being allowed to be a legal tender. He thought it would be highly beneficial to the United States to admit all foreign coins to be a legal tender, under the existing limitations of law.
The question was then taken on Mr. Varnum's amendment, which was agreed to—Ayes 79. Mr. Tenny's amendment, thus amended, was agreed to, when the committee rose. The house immediately took up, concurred in their report, and ordered the bill to a third reading to-morrow. On motion of Mr. G. W. Campbell, Resolved, that a committee be appointed to enquire, whether any, and if any, what alterations are necessary to be made in the act to regulate trade and intercourse with the Indian tribes, & to preserve peace on the frontiers, with authority to report by bill or otherwise. On motion of Mr. Cook, Resolved, that the Committee of Commerce and Manufactures be instructed to consider the several acts relative to bounties on salt fish taken in vessels of different sizes, and to consider what alterations, if any, are necessary to equalize such bounties; and that they be authorised to report by bill or otherwise. On motion of Mr. Stanton, Resolved, that the Committee of Ways and Means be instructed to enquire, whether any, and if any, what alterations are necessary to be made in the several acts fixing the salaries and emoluments of the collectors of the duties on imports and tonnage, and that they be authorised to report by bill or otherwise.
FRIDAY, December 20.
An engrossed bill "supplementary to the act making provision for the payment of claims of citizens of the U. S. on the government of France," &c. under the convention of the 30th April, 1803, was read the third time and passed without a division. An engrossed bill, repealing so much of an existing act of Congress as declares foreign coins not to be a legal tender, was read the third time and passed without a division. Mr. Crowninshield having obtained leave, submitted, from the Committee of Commerce and Manufactures, a bill to extend the time of taking the oath and giving bond in cases of drawback, and for other purposes, which was referred to a committee of the whole on Thursday.
This bill extends the time to twenty days, and directs five days notice to be given by the collectors, for which twenty cents, to be equally divided among the collector, naval officer and surveyor, shall be allowed. Mr. Crowninshield, from the Committee of Commerce and Manufactures, submitted a bill for the relief of Edward Toppan, George Jenkins and William Currier, which was referred to a committee of the whole on Monday.
Mr. J. C. Smith, from the Committee of Claims, made a report on the memorial of Return J. Meigs, recommending the giving authority to the proper accounting officers of the treasury to settle the accounts of the governor, secretary & judges of the territory north west of the Ohio, for their services while acting in their respective capacities at any time before the first Tuesday in March, 1803, for the term between the admission of Ohio into the Union and the period of the first meeting of the state legislature. Referred to a committee of the whole on Tuesday.
Mr. Parke presented a petition from the governor, secretary and judges of the Indiana territory, praying compensation for services rendered in the district of Louisiana, which was referred to the Committee of Claims. On the motion of Mr. Findley a new rule was adopted, preferring that it shall be the duty of any committee to meet on the call of any two of their members, if the chairman be absent or declines calling a meeting. Committee appointed in the House of Representatives.
On the act of the legislature of South Carolina, authorizing the city council of Charleston, with the consent of Congress, to impose a duty on tonnage—Referred to Messrs. Marion, Tracy, Smith of Virg. Broome and Cook. On mitigating or remitting forfeitures, penalties and disabilities in certain cases—Referred to Messrs. Sailey, Pitkin, Burd, Morrow of Virg. and Fowler. Standing Committee on the Public Lands—Messrs. Gregg, Morrow, Ohio, Boyle, Clinton, Helms, Clay of Virg. and Bryan.
John Earl, jun. and Thomas H. Hazard, and of Elizabeth Peckham—referred to the committee of Commerce and Manufactures. Nathaniel Elliott, praying that the post office at Colchester, Virg. may be discontinued, and an office established at Acquocun—referred to the post office committee. Samuel Drowney, of Vassel White, of William A. Barron, and of William Love—referred to the committee of Claims. Thos. Kirtland referred to the committee of Commerce and Manufactures. Samuel Beebe—referred to the committee of Ways & Means. Nathaniel Irish, and of Wm. Breck, jun.—referred to the committee of Claims. Return J. Meigs, jun. of John McIntire, & of John Lowry—referred to the committee of Claims. Isaac Clason—referred to the committee of Commerce and Manufactures. Peter Landals—referred to the Secretary of State. Hannah Douglas, of Moses Tryon and Richard Law, jun.—referred to the Committee of Claims. Ann Ledyard—referred to the committee of Claims. There was an interesting debate on Friday in the Senate on Dr. Logan's bill to suspend commercial intercourse between the U. States and St. Domingo. Messrs. Logan and Jackson advocated, and Messrs. S. Smith, Hillhouse, Mitchell and Adams opposed it. The debate became the more interesting from its implication on the general state of our foreign relations, and particularly the late British orders. No sentiment but that of reprobation was uttered, and the necessity of taking bold and commanding ground in defence of our violated rights was avowed on all hands. The further consideration of the bill was postponed till Monday. We shall endeavor to publish a sketch of the debate. Nat. Int.
European Intelligence. NEW-YORK, December 24.
The ship Hare , capt. Chew, arrived at this port yesterday, left Gibraltar, the 25th October, in company with the Old Tom, for this port, under convoy of the U. States brig Vixen . Cox; the next day was driven through the Gut, and put into Malaga, from whence they failed the 4th Nov. and on the day following parted with the convoy, off Cape Sparte. On the 23d October a Schooner arrived at Gibraltar, with dispatches from Admiral Collingwood, advising that Lord Nelson's fleet of 27 sail of the line had had an engagement with the combined fleets of 33 sail of the line off Cadiz, which lasted 12 glasses, in which 17 of the latter were captured, 2 sunk, and 1 blown up; that Lord Nelson, with 7 captains on the English side, having lived long enough to hear a list of the captured ships read to him. The same evening the Belleisle, of 74 guns, was towed in by the Naiade frigate, having lost all her masts in the engagement. While at Malaga, Mr. Kirkpatrick, the American Consul, received the following statement, from his correspondent at Cadiz:
An account of the Combined fleets of France and Spain that failed from Cadiz, on the 19th and 20th of October, and fought the British fleet on the 21st of the same month.
SPANISH SHIPS. Prince of Asturias, of 112 guns, returned to Cadiz Bay on the 21st October very much damaged, and a great number killed and wounded; amongst the latter Admiral Gravina, and his Major General Echaro, is not dangerously; on the night of the 23d her main and mizen masts were so crippled that they rolled overboard. The Santa Anna, struck to Admiral Collingwood, who manned her and took out her captain; Admiral Haba being wounded, was left by his own choice on board, being entirely disabled, and ungovernable; she fell so near the port of Cadiz, that she was retaken on the 23d by the squadron that went to sea for that purpose, and brought into Cadiz harbour.
The Baro, of 100 guns was much damaged in the action but came into port on the night of the 21st. On the 23d in the morning, she got under way with several other ships, to retake the St. Anna, which the British were towing off, and in the night of the 23d not being able to make the port, she anchored about 6 leagues distance, and blowing very hard, the rolled her masts that were very much shattered overboard, and was taken next day by the British in sight of Cadiz.
The Montagne, arrived at Cadiz on the night of the 21st. San Justo, ditto, ditto. San Lorenzo, do. do. and next morning while at anchor in the mouth of the Bay, she rolled away her main and mizen masts.
The San Francisco, and de Ase, came in on the night of the 21st disabled, and on the night of the 23d the drifted ashore in Cadiz Bay, near Fort St. Catalina, and is totally lost. The part of the crew that were on board, when she went ashore, were saved having an English prize officer, and men on board.
The Neptuno, came in on the morning of the 22d, disabled, drifted ashore in the night of the 23d near St. Catalina, and was totally lost, crew saved, having an English prize officer and men on board.
The San Juan, Nepomuceno, San Ildefonso, Aranaute, Bahama, all totally disabled, and seen in possession of the English on the 23d.
Notice was given, through the Tower of one more Spanish ship being in possession of the English; her name, not known suppose her to be the Santissima Trinidad, of 144 guns.
FRENCH SHIPS. The Ploien, came in on the night of the 21st. Allegresse came in on the night of the 22d, struck and been manned by the English; but being totally disabled and ungovernable, in the night, the English gave the command to the French, on condition they should not be prisoners of war. This ship had above 900 men killed, and among them Admiral Magee.
totally disabled, struck to, and was taken possession of by the English, but struck the foremast, and went to pieces, near St. Pierre, on the night of the 22d and every soul except 23 are said to have perished.
Indomptable, came in on the night of the 21st very much damaged, and is calling for succour at the mouth of the Bay. Neptune, do. do. do. Hera, do. do. do. L'Achille, blown up during the action, the most of the crew saved.
L'Argonaute, came in on the night of the 21st. L'Adige, disabled, and in possession of the English, but in distress near Ferrol, Gorda, is said to be got off and coming in.
Moy. 5th, Cape Sparte bearing E. S. E. distant 40 miles, capt. Chew fell in with the British fleet off 14 sail of the line under Admiral Collingwood; was brought to and boarded by the Martin Hoop of war, the lieutenant of which informed him Lord Nelson off Cadiz; that they had 13 ships disabled, which, with 4 of the prizes had arrived safe at Gibraltar; that the remainder of the prizes were either destroyed or prevented their falling into the hands of their former possessors, lost on shore, or drifted into Cadiz Bay; that most of the latter ships had since been destroyed by the boats from their fleet—that the Santissima Trinidad of 144 guns, was destroyed in sight of Cadiz after it was found impracticable to tow her off; and that Admiral Villeneuve was on board Adm. Collingwood's ship, the Dreadnought, on the same day left the fleet in company with the Victory (Lord Nelson's ship) and the Belleisle, both under jury masts for England. The lieutenant could not tell

not then been completed. It was the general opinion however at Gibraltar, that 10,000 men left their lives in the action.
The blockade of Cadiz was continued by Admiral Callender.
Admiral Gravina is reported to have died of his wounds after his vessel had entered the harbour of Cadiz.
Bucareste, Adm. Villeneuve wounded, totally dismasted and struck to Nelson. The Admiral and his captain were put on board a frigate, and the ship manned by a lieutenant and 80 men; in the night of the 22d, the ship being totally dismasted, was blown by the violence of the wind towards the shore, and anchored near the castle of St. Sebastian; the next day the people were taken out, and in about an hour after the ship went down. Major Gen. Prigney, who was left on board by Nelson, is slightly wounded. At Cadiz 400 men are reported to be killed on board this ship, and most of her officers wounded.
Intrepide, Redoubtable, Montagne, Duquesne-Traill, Formidable, Scorpion, Berwick, and Swiftsure. These ships are missing, but as it is known that several of them had struck to the English, it is supposed they are in their possession. A report, however prevails that Adm. Dumanoir has escaped with 4 frigates. The bodies of Admiral Magon and captain Villagris, are said to have been found driven on the Playa, between Cadiz and St. Patrick, where above 1000 bodies have been driven on the shore, and the whole beach covered with wrecks of ships.
The five frigates and brigs returned without any material damage.
The L'Agile is reported to have been got off, and at anchor in the channel.
The Enquirer. RICHMOND, 31st DECEMBER.
The Slave Trade. —Can we hear without surprise and indignation that another effort has been made without effect in the Legislature of South-Carolina to arrest this infamous traffic? When we see the many unavailing attempts which have been made by Wilks in the House of Commons, to put a stop to the slave trade of England; it is impossible not to exclaim that sierra fames auri , that accursed love of gain, which perverted the feelings of the British merchants, and misjudged the policy of their parliament. There was some apology, however, to be found in the very form of that government, which being founded in privilege, and setting one white man above another, plainly prepared the way to every odious oppression, which the white man could exercise over the black. But what are we to think of the same atrocious traffic in human flesh, when it is countenanced by the laws of a state, professing to be the supporter of a free and equal government? of a trade, not merely permitted in a moment of heat, and some violent ebullitions of avarice, but particularly supported against repeated oppositions? Such has been the fate of the Wilberforce of South-Carolina during the two last sessions; and their present Legislature has only exhibited a new instance of the same virtuous but abortive effort. Witness the proceeding!
On Wednesday Dec. 11th, the house of representatives proceeded to a second reading of the bill, entitled "A bill to prevent negro slaves, and other persons of colour from being brought or entering this state and for other purposes therein mentioned."
The question was put on agreeing to the bill and sending it to the Senate. The Yeas and Nays were demanded by 7 members and were as follows, viz. Ayes 56, Nays 28. The same was therefore agreed to. Ordered, that the bill be sent to the Senate.
On the 14th of Dec. the final question was taken before the Senate on the bill against the IMPORTATION OF NEGROES, when it was lost by a majority of one.
Yeas: Mr. R. Benwell, president; Messrs. Blake, Calhoun, Drayton, Davis, Hibben, Horry, Hart, Hutchinson, Keith, Kilbre, McPaden, P. Porcher, Warren Wurd-15. Nays—Messrs. CANTEY, DOZER, EARL, HAMPTON, H. IZARD, JOHN MCPHERSON, W. B. MITCHELL, T. PORTER, ROGERS, SIMEONS, W. SMITH, SAXON, R. STARK, T. TAYLOR, WILLS—16.
Such are the friends of the slave trade in the South-Carolina Senate. Such are the men, whose names deserve to be written on the same honorable scroll, with the Spartan band of Pennsylvania. A few more such instances; and we may indeed begin to question, whether the present constitution of our SENATES is compatible with the general welfare or with the principle of a republican government.
The extracts which we have made from the Journals of the House of Delegates, will at one glance show, that no important measures have yet come before them. A few bills have passed; but they are principally confined to private or local subjects.
Some debate took place on Thursday, on amending a rule of the house, declaring that no man who was elected into the council, was thereby disqualified from holding his seat in the legislature. The effort was in fact produced by the situation of Mr. Henning, who, it will be recollected, is appointed to the executive council in place of Mr. Grymes resigned, but still holds his seat as a representative from the county of Albemarle. In this question the house decided, against rescinding its standing rule.—We are not prepared to say, that Mr. Henning's continuing to hold his seat is contrary to the strict letter of the constitution; because tho' it declares that the members of the council "shall be incapable during their continuance in office, of sitting in either house of Assembly," yet cannot Mr. Henning be said to be "in office," as he has not yet qualified. We may however observe, that Mr. H. seems not to have complied with the spirit of the constitution. The legislature is empowered to "supply" all vacancies. But can the vacancy, occasioned by the resignation of Mr. Grymes, be said to be supplied, when there is no man qualified to supply it? Is not Mr. Grymes' place as much a vacancy now as it was before the election? May we not also be permitted to enquire whether it can be proper for any man to assist in the making of laws, which he may be hereafter called upon to execute in his executive capacity? Let it be supposed that a question should come on for increasing the salaries of the councillors—would the elected member be an independent distinguished voter? or suppose a question to prevent their discharging particular duties—or even to practise in county courts—would the elected members be independent in their decisions?
Some observations took place on Friday, on committing the bill, for removing the bank of Potomac to West-End in Virginia, to a third reading. Mr. Love spoke at considerable length in favour of granting it a charter. On the motion of Mr. Tazwell it was committed to the committee of the whole House on the state of the commonwealth, for this day.
On Saturday, a bill concerning master commissioners was passed after its third reading. Its principal provisions are 1st. that the "com-
missioners in the county and corporation courts in the high court of chancery" may administer an oath, in cases where the courts may direct; and 2d. that no magistrate shall discharge the duties of a master commissioner.
COMMUNICATION—CONCERNING THE LATE BATTLES IN EUROPE.
It appears from the accounts which have been published, that two of the greatest, and most decisive events of war, have happened in Europe, of which history gives any account. In one, the French have been victorious, in the other, they are vanquished.
In the heart of Germany, Bonaparte has not only defeated the main Austrian army, has taken the commander in chief, and all his staff; but has killed, taken and dispersed the whole army. Nothing seems to remain to obstruct his victorious march to Vienna, except a Russian army. But when it is recollected, how shamefully, the Russians deserted their allies, soon after Maida beat one army, and chased another, in Switzerland, it would be unsafe to rely upon better faith at present.
There are some that delude themselves with a hope, that the Russians are invincible; but this will vanish, when the facts just alluded to are remembered, and when it is also recollected that, in the course of one campaign, one hundred thousand Russians sent against France, were reduced to forty thousand. That the Russians fought hard and bravely, is true; but that they are neither invulnerable nor invincible is equally true.
Thus we leave Bonaparte in the full career of victories and triumphs, and turn our eyes to another quarter and to another element.
The gallant, the enterprising, the incomparable Nelson, has at last overtaken the enemy.—On the 19th of October, on the coast of Spain, he fell in with the combined fleets of France and Spain; his force consisted of 27 ships of the line, the combined squadron amounted to 33. A general action was fought; Nelson fell in the arms of victory; 19 sail of the line struck their colours.
Thus it seems, that Bonaparte, at the same instant, when he threatens to annihilate the Austrian empire, meets with an irreparable disaster in his most favourite project. The empire of the seas has again disappeared; the disaster is too great to be repaired speedily. This is not like calling forth the young men of the first or second classes of requisition! It will require years, talents, perseverance and resources of a particular kind, to repair the mischiefs which have been inflicted by the British tars in the short space of a few hours.
These two great and counteracting events will affect America in opposite extremes. The true policy of America is to gain time, so that we may become more matured in strength, resources and social harmony. In ten years our population will double, and our resources will increase in a much greater proportion. In ten years it will be as easy to support two hundred thousand defenders, as we could now provide for and support one fourth of the number. By all means then, let us have peace, let us mature our strength; let us bear and forbear . This great naval victory will give to Britain such a naval superiority, that the utmost exertions of Bonaparte will not enable him to act offensively until America will gain the power which she wants. Whether, therefore, we believe that Bonaparte might entertain mischievous designs against us or not, this event will enure us an unexampled course.
While we rejoice at the flattering prospects afforded by these incidents, it does not behoove us to rejoice at the success of Bonaparte against Austria. Thrice has that power involved France in war; twice has peace been granted, when victorious French armies were almost at the gates of her capitol. She has made peace to gain time, and now, the third time, is in danger of ruin!
It is impossible to foresee the event of battles yet in embryo; but when the resources and the present military establishments of Bonaparte are considered, we cannot suppose that he will leave it in the power of the Austrian cabinet to wage a fourth war. Pacifolopy and humanity forbid that it should be so.
Some people perhaps, will not see the distinction; but the writer of this, it seems that America is not less interested in the preservation of the integrity and power of France, than in the continuation of the British superiority on the ocean. These nations pursue different projects; they will forever watch each other; and while they employ all their energies and resources against each other, we shall increase in strength, wealth and experience. If either of these powers should be overwhelmed, the independence of America might be jeopardized. Give us ten years of peace, and we can defy them all. AMERICUS.
TO THE EDITOR OF THE ENQUIRER.
As I reside at a considerable distance from the Metropolis of our state, it is more than probable, that I am but superficially acquainted with the occurrences of the day. Thro' the medium of your paper however, I am supplied with sufficient matter to convince me, that the present is an awful and eventful crisis.
Already have the apprehension of a political schism in our party, reached and pervaded the circles of my intercourse. An apprehension that is seriously alarming inasmuch, as it has a tendency, to invigorate the declining power of federalism. Report has already announced the pride of triumph, on the part of your metropolitan federalists, on some recent occasion, which they consider as a balm to dependency, and a prognostic of future elevation. These circumstances in addition to my anxiety, to learn the true source, have urged me to enquire and examine with affability and minuteness.
In this enquiry, I have been in some measure consoled by a conviction, that it does not proceed from any division among the tried and genuine friends of political freedom, but entirely from a hypocritical principle of courtesy and false moderation. Hence has arisen a genius of proscriptio and includes in her lit men of known and doubtless virtue; they who have acted with most energy, and still remain stubborn and inflexible in their faith. The sentiment that advocates moderation, is too happily adapted to win the feelings of men, and to increase the number of its devotees, when at the same time, neither the word, nor the motive are properly canvassed. This mode of disguise and intrigue under a false mask, is too well understood to admit success; We know that the most horrid political purposes, have been covered and conducted under the auspices of religion. But I trust, fellow citizens, that your vigilance, is not to be eluded by state pretensions and false claims. Moderation is a word of singular ambiguity and admits of a variety of shades and degrees. The word has a decided and specific meaning when applied to any irrational habit, to any voluptuous pursuit, or sensual gratification in these instances, moderation would be a hap-
py antidote against evil consequences. The word may have a given meaning, when applied to domestic discipline, or political power; but in advocating political orthodoxy, in supposing that happy system of polity which presides over our fate & our prosperity, let the faithful tongue, pronounce the honest feelings of the soul, not in terms of ambiguity and doubt, but in "round unwarned" full-earned words. But moderation under the influence of selfishness, would advise soft, pliant and conciliatory sentences. It has not for its object political happiness; but the sweet attendants of neutrality; the favour and caresses of both parties. And thus according to the present pretended moderation, a man becomes a hypocrite in principle, and a parasite in practice. I would fain ask, fellow citizens, if those political axioms upon which our rights are based, are not to be told and supposed, unless they are first trimmed and pared, into a thought without meaning, and expression without decision. This mode of conduct, to a cordial advocate of his cause, would excite every faculty of his mind, with sickness and disdain. And yet if the contrary course pointed out, by virtuous zeal, and unfeigned faith is pursued, the charge of violence is urged, and official proscriptio denounced.
This I believe, fellow citizens, is a just character of that mercurial spirit of moderation—which mixes and communicates with federalism, and passes in painful suspense the circle of honest unfeigned politicians, who speak the convictions of their soul, without a feeling of doubt, or a pause of embarrassment. When I speak of political moderation, as a "ticket of admission" to both parties, as a speculating scheme of neutrality, as a trick of conscience, for personal advantage, I hope I shall not be understood as a friend to "stormy violence and thoughtless rashness;" but to firmness and decision which I consider the best pillars of our faith and polity.
It is in consequence of this subtle-working spirit of pretended moderation, and the hopes of reward; that firmness and decision are denounced under the unfriendly character of violence. It is to be hoped that defeat will await those men, who have relaxed and forgotten principles which it was a virtue to espouse in the dark precarious day of '76.—Those principles which curtailed the strides of federalism, and now spread happiness throughout the country, it is become criminal to maintain, unless, in the faint, ambiguous tone of moderation. If, fellow citizens, you turn your attention but a few years back, and recollect your feelings at that awful juncture, how it is possible that you can commit your safety and your rights to men who shrink from a manly support, and hide themselves in the protean garb of moderation? CATO.
EXTRACTS FROM THE JOURNALS OF THE HOUSE OF DELEGATES.
Thursday, December 26.
A report from the committee of Claims (which lay on the table) was taken up and read in the following words:
Resolved, as the opinion of this committee, that the petition of sundry officers and soldiers, stating that by a law of the last session, the tax on Register's fees was increased, whereby they had to pay the sum of fifty-seven dollars and thirty-six cents, instead of the sum of ten dollars and seventy-one cents, the fees on seventeen warrants, at fifty-three cents each under the former law, and praying that a law may pass exempting military land-warrants from the additional fees hereafter, and that the difference between the above sum paid for the said warrants and the amount of the former fees may be refunded, is reasonable. Your committee think proper to state that a provision ought to be made for all cases of a similar nature.
This resolution being read a second time, was on the question put thereupon, disagreed to by the house. Resolved, that the said resolution be rejected.
The Committee of Claims reported the following resolutions:
Resolved, As the opinion of this committee, that the petition of Jesse Merryman of Cumberland county, stating that he is the father and administrator of Thomas Merryman, deceased, who died during his confinement as a convict in the Penitentiary, and praying the passage of a law, authorising him as administrator aforesaid, to receive a sum of money which is due to the estate of said Thomas, as appears from the books of the Penitentiary, is reasonable.
Resolved also, As the opinion of this committee, that the petition of James Howard, stating that he was in the revolutionary army in a regiment commanded by Col. Campbell, and received a wound at the battle of Guilford, which has rendered him unable to obtain a livelihood by labour, and praying assistance from the Legislature, is reasonable.
The said resolutions being read a second time, were on the question severally put thereupon, agreed to by the house.
Ordered, That bills be brought in pursuant to each of the said resolutions, and that the Committee of Claims do prepare such bring in the same.
A report from the Committee for Courts of Justice (which lay on the table) was taken up and read in the following words.
The committee for Courts of Justice have, according to order, had under their consideration sundry petitions to them referred, and have come to the following resolutions thereupon:
1. Resolved, That it is the opinion of this committee, that so much of the petition of sundry inhabitants of the borough of Norfolk, as prays that the charter of the said borough may be amended by reducing the number of wards therein, and changing the manner of electing the common council of the said borough, is reasonable.
2. Resolved, That it is the opinion of this committee, That the residue of the said petition, praying, that the jurisdiction of the corporation of the said borough may be so extended as to permit the execution of process thereof, against criminals and fugitives from justice, any where upon the waters within the limits of the port of Norfolk and Portsmouth, is also reasonable.
3. Resolved, That it is the opinion of this committee, That the petition of sundry inhabitants of the said borough of Norfolk, praying that the act, entitled, an act, "Concerning the docks and wharves in the borough of Norfolk," may be so amended as to permit the fixture of flood-gates at the lower bridge on the Back creek, a branch of Elizabeth river, is reasonable.
4. Resolved, That it is the opinion of this committee, that so much of another petition of sundry inhabitants of the said borough, as prays that the mayor thereof may hereafter be re-eligible to office from year to year for the term of four years, at the least, is reasonable.
5. Resolved, That it is the opinion of this committee, that the residue of the last mentioned petition, praying that the mayor of the said borough may receive a compensation for his services, either from the general funds of the town, or from a special fund to be raised by a tax on bills of health, law process, &c. is also reasonable.
The resolutions being read a second time, were on the question put thereupon, agreed to by the house.
The 5th resolution being read a second time, a motion was made to amend the same by striking out the words "law process" and the question being put on the proposed amendment, it passed in the affirmative.
The question being then put on the resolution as amended, it was agreed to by the house.
On motion, Resolved, that 250 copies of the following documents be printed for the use of the members of the General Assembly:—No. 12. Abstract
of prisoners in the Penitentiary.—2d. Criminal charges from 1795 to 1805.—No. 3d. Shewing the number of prisoners convicted, for each crime, the number from each district, and the number of years each was sentenced.—4th. Letter from Captain Quarrier, shewing the number of the public guard kept at the Penitentiary.—5th. The letter from the Superintendent of the Penitentiary, laid before the house by the Governor.
A resolution concerning lieutenant Obannon (which lay on the table, with an amendment, as reported from the committee to whom the same was committed) was taken up, and the said amendment being twice read, was on the question put thereupon agreed to by the house.
Ordered, That the clerk carry the said Resolution to the Senate and desire their concurrence.
Friday, December 27.
The following bills, to wit:—
A bill, "Remitting a fine to Graham Bell;"
A bill, "Concerning William King, a former sheriff of Norfolk county;"
A bill, "Concerning William Graham, a former sheriff of Monroe county;"
A bill, "Declaring Clinch river a public highway;"
A bill, "Authorizing George Pegram, jun. to erect a public warehouse on his land in the town of Petersburg;"
A bill, "Appointing commissioners to view and mark out a way for a road from Thornton's gap in the Blue ridge, to the little river turnpike road, leading to Alexandria, and to raise a certain sum of money by lottery for opening the said road;"
A bill, "To amend the act, entitled an act, for erecting an academy in or near the city of Richmond," were severally read a second time, and ordered to be engrossed and read a third time.
A bill, "To explain and amend the twenty-first section of an act, entitled, an act, "For carrying into execution the Constitution of the Mutual Assurance Society against fire on Buildings of the State of Virginia, lately adopted at a general meeting," (which lay on the table with an amendment proposed to said bill) was taken up, further amended, and the bill with the amendments, ordered to be engrossed and read a third time.
Mr. Aylett from the Committee for Courts of Justice, made the following report:
The committee for Courts of Justice, have according to order, had under their consideration several petitions to them referred, and have come to the following resolutions thereupon:
Resolved, That it is the opinion of this committee, that the petition of sundry persons, praying that an act may pass, authorising the sum of four thousand dollars to be raised by lottery, for the purpose of building a toll bridge across Cheat river, at the Dunbar bottom, and that the rent or toll of the said bridge may be forever applied towards educating poor children in the county of Monongalia, under such regulations as may be deemed proper by the Legislature, is reasonable.
Resolved, That it is the opinion of this committee, that the petition of sundry inhabitants of the city of Richmond, praying that the court of Hustings of the said city, may be authorised to establish inspections of butter and lard, and that the same may likewise be authorised in other towns, and also in the counties of this commonwealth, is reasonable.
The said resolutions being twice read, were on the question put thereupon, agreed to by the house.
The following paragraph is from the "Freeman's Journal" of Philadelphia, the favourite print of Mr. Dallas and the tertium quid-party. May the friends of M c Kean be welcome to all the joy, which their idle inferences may promise!
Further change in Virginia. —We learn from Richmond, that the general assembly erased the names of William Ruffee and William Brock-bridge from the list of privy councillors.
Let it be remembered, that Dr. Ruffee was warmly held up by the Editor of the Enquirer, as a candidate for governor. But it all would not do—and the Virginia Third parts or Constitutionalists , are carrying all before them."
FOR THE ENQUIRER.
THE DEATH OF CUTHULLIN.
Concluded from last Tuesday's paper.
"Alc'heba 'tis an aged oak;" The weeping fair Alona spoke; "An oak bent over Lara's bream: But I discern a distant gleam. Who comes o'er streaming Lara's plain? Deep sorrow in his speed is seen; He lifts on high my brother's spear; 'Tis stain'd with blood. Ah me! I fear" "Tis Calmar, with blood of Calmar's foe. The warrior's deathful spear and bow, Unstrain'd from war have ne'er return'd, When battle in his presence burn'd. Warrior youth, why dost thou mourn? Say, does my son renown'd return? Encompass'd by reounding shields; Unhurt from war in distant fields? But thou art silent. Warrior tell Me not, how my hero fell!" "Mother of Calmar, car-borne chief! Thy son is low, and great thy grief. Look not towards the desert plain To search thy son; thou look'st in vain." Thus Cuthullin; while on his shield Cuthullin lay upon the field. Each on his harp the bards reclined; And all to sleep themselves resigned; Save only Semo's car-borne son; H's soul was fix'd on war alone. The flame of oaks no more burns bright, Around is spread a faint red light. Distinct a feeble voice is heard. The ghost of Calmar then appear'd. Dimly first the shade around; Dark in his side is seen his wound; Loose and disordered in his hair; His pale face wears a joyous air; He beckons Semo's son away; When thus the rising chief did say. "Son of the cloudy night, why why Thou bend'st on me thy gloomy eye? O Matha's son! would'st thou me fright From battle for young Cormac's right? Thy hand was strong in glory's field: Nor did'st thou e'er agree to yield. How chang'd art thou, O chief! or why Dost thou advise thy friend to fly? But, Calmar, I ne'er fled from fight. I never fear'd the ghosts of night. Small is their knowledge, weak their hands; Their dwelling on the eddy winds. But fill my soul in danger grows; And feels a joy to meet my foes. Haste then, and to thy cavern flee; For Calmar's ghost is not like thee. He joyed in battle's founding storm; Like heaven's thunder was his arm." Praised by the chief, the shade withdrew, And on the blast elated flew. Faint rose the morning's beam around, When Carhast's buckler spread its sound. Like roar of many streams convene The warlike bands of Erin green. O'er Lego's lake the horn is heard;
And Turch's mightier shield spread. "O why dost thou thy thousands bring, Cuthullin!" laid the generous king; "Of thy strong arm I know the fame, Thy foul doth burn a raging flame. Upon the plain now let us fight, And let our hosts behold the fight. They on our side shall look with fear; Like mariners, approaching near To rocks where waves impetuous roar, They flee with dread, and shun the shore." "Like heaven's fun thou dost arise Upon my soul;" the chief replies; "O Turch, mighty is thy arm, And worthy of my anger warm. Ye men of Ullin now retire Where dark Slimgora's groves aspire From thence on Semo's son look down, In the bright day of his renown. Carril, if I shall fall in fight, Tell thou to Connal, chief of might, That I accused the winds, which roar Upon Togorma's rocky shore. For never was he absent from When rose the strife of my renown. Let his bright sword round Cormac gleam; Like heaven's serene refulgent beam. His counsel let Temora hear, When danger's gloomy day is near." He rush'd in his reounding arms, As Loda's spirit mid the storms, When over Locklin's fea he flies, And scatters battles from his eyes. His mighty hand sustains the spear; Winds lift on high his flaming hair; By the dim waning moon's faint light His dreadful features rise to fight. So terrible to combat came Cuthullin in his day of fame. His hand laid Turch on the ground; And Lego's heroes mov'd around. Against the chief they gather'd fast; As clouds borne on the desert blast. A thousand swords arose to view; A thousand feathered arrows flew; But like a rock midst waves he stood, They fell around; he bro'te in blood. Dark Slimgora echo'd far. The sons of Ullin came to war; The battle over Lego spread; Cuthullin strew'd the field with dead; With fame return'd across the plain; But in his face no joy was seen. All pale he roll'd his eyes around; Or silent cast them on the ground. His weighty sword unfeigned remains; His bending spear his flesh sustains. "O Carril," lost the chief did say, "Cuthullin's strength has pass'd away. With times departed are my days, No more I'll see the morning's rays. They at Temora search around; But there no more shall I be found. Cormac shall pour the tear of grief; And weeping say, "where's Erin's chief." But far renowned is my name. Bards shall in song preserve my fame. The youth shall tell, and secret sigh, "O let me like Cuthullin die: For as a robe he wore renown; The light of honour beam'd around." Draw from my side the dart away; Beneath that oak Cuthullin lay; And place the shield of Cathbar nigh; Amidst my father's arms I'll lie." "And is the son of Semo dead," Thus with a sigh old Carril said; "Mournful are Tara's mossy walls And sorrow dwells in Dunca's halls: Thy spouse in youth is left alone; And lonely is thy little son. He'll fondly ask his mother dear Why thus she shedd'st sorrow's tear; Then to the wall he'll raise his eye, And see his father's sword on high; "Who's sword?" he'll ask; his mother hears; Aghast descend her flowing tears. Who like the hart looks wildly round To search his friend, no longer found? O Connal, say where hast thou been, When here the mighty chief was slain? Say, did Togorma's roaring tea And southern winds thy fails delay? The mighty chief has fallen in war; And, Colgar's son thou wast not there. Let none the tale in Selma tell; Nor on high Morven's woody hill. To Fingal sadness will return And all the dearest sons will mourn." By Lego's dark-rolling wave, They raised the car-borne hero's grave. There at a distance Luth-lies lies, And high the songs of bards arise. "Blest be the soul, O Semo's son! Transcendent thou in war hast shone. Thy strength was like a river's force; Thy speed was like the eagle's course; Dreadful thy path where battle roar'd; The fleps of death were near thy sword. Chief of Dunca! may'st thou rest. Semo's son! thy foul be blest! No hero's sword has laid thee low; No warrior's spear made thy blood flow; Like death's sharp sting, the arrow came, From some weak hand unknown to fame. Peaceful may thy spirit rest; Car-borne chief of the isle of mist! The brave have left Temora's wall; And none remain in Cormac's hall; In early youth the king shall mourn; Nor see again thy wild return. Thy guardian shield has ceas'd its found And Cormac's foes are gathering round. Be thy rest soft in thy cave, Chief of Erin's warriors brave! Thy spouse no more expects thee home, Or sees thy falls in Ocean's foam; No more she walks the shore along, To listen to thy lover's song. Sad in the hall she sits, and eyes The arms of him who lowly lies. Thine eyes are fill'd with tears of grief, Daughter of Sorgan, car-borne chief. Happy be thy foul in death. Chief of Tara's shady heath!"
Alc'heba the mother of Calmar speaks. Thy northern god of war. Conlach, afterwards famous. The dog of Cuthullin.
MARRIED, on Wednesday the 18th instant, Mr. James Butler, of Carterfoile, to the amiable Miss Maria Overton, daughter of Gen. Thomas Overton, of the state of Tennessee.
It is with considerable regret, that the Editor of the Enquirer is obliged to inform several of his subscribers, that unless they pay up their subscription dues by the 1st of March, he will be under the necessity of employing the only weapon, which he ever wishes to use in his own defence, by striking off their names from his subscription book. A printed statement of their accounts has already been made on the margin of their respective papers.
EDUCATION.
The Subscriber begs leave to inform his friends in Richmond and the public in general, that he has rented part of Mr. Vane's large and commodious new brick building on Shockoe Hill, where he will open a Seminary on the first Monday of January, 1806, for instructing the youth of both sexes in the following branches, viz: The Latin Language, Mathematics, the use of the Globe, Geography, English Grammar practically, Reading, Writing and Arithmetic.
The Terms and Rules may be seen at the above place. JAMES OS