The enquirer (Richmond, Va.), 1805-05-31 00:00:00

FOR SALE, AT RITCHIE & WORSLEY'S BOOK-STORE:
BURKE'S Works, 8 vols. calf, gilt, 24
Pindar's do. 5 do. do. do. 17
Moore's Anacreon, handsomely bound in sheep 3
Johnson's Dictionary, with Walker's pronunciation, 3 50
Domestic Encyclopedia, 5 vols. 15
Darwin's Zoonomia, 2 vols. 6
Life, by Miss Seward, 2 25
Duns' Works, 4 vols. calf, gilt, 8
Humphrey's Works, boards, 2 50
Life of Cowper, by Hayley, 3
Anstark's Travels in Greece, 4 vols. boards, 3
Brown's Elements of Medicine, 2
Cobbett's Grammar—For Frenchmen to learn English, 2
Robinson Crusoe, elegant edition, with plates, 2 vols. 7
Graydon's Digest of the Laws of the U.S. 4
Heming's Justice, 3 50
Morace, Delphini, 3
Virgil do. 3
Cicero do. 3
Caesar do. 2 50
Sallust do. 1 75
ALSO—A small assortment of STATIONERY.
May 27.—(etpl)
SURVEYOR'S OFFICE.
WOOD, Mathematical Surveyor for the City of Richmond, informs those persons who may desire to have any Lots surveyed or divided, to apply at his house opposite to Mr. Copland's, Shockoe-Hill: and when from home, to leave a card either there or at Mr. John Mouldie's the corner of the square.
All other surveyors are prohibited by an ordinance of the Common Hall from surveying any squares or lots, or running lines within the city bounds under the penalty of the legal fees of the city surveyor for every such offence.
May 24. [eFst.]
TO BE SOLD,
On liberal credit, and in lots to suit purchasers,
FROM two hundred and fifty to three hundred acres of LAND, in the county of Henrico, about four miles from Richmond—a distance which renders it but little liable to pilage, yet sufficiently near to one of the best and most improving markets in the United States.
The advantages of small farms near large towns, are obvious and generally admitted, as not to require particular enumeration. Persons residing in the city with large families, and who are obliged to keep horses, would be able in one year to save more than the original purchase. For further particulars enquire of Mr. Thomas Norvell.
May 14. [oatf.]
JUST RECEIVED,
AND FOR SALE BY THE SUBSCRIBER,
Four hundred pieces House Paper, Philadelphia Beer by the barrel, a small quantity of first quality New-England Cheese; also 100 barrels Corn.
EDWARD HALLAM.
April 6.—(Gawf.)
VIRGINIA, to wit.
At a Chancery District Court, held in the City of Williamsburg the 6th day of April, 1805:
Jethro Darden and Stephen Hooker, } Piffs.
surviving partners of Elisha & Jethro Darden and Stephen Hooker, } Defendants.
Oxley and Hancock,
THE Defendants not having entered their appearance and given security according to the act of Assembly and the rules of this Court, and it appearing to the satisfaction of the court, that they are not inhabitants of this country, on the motion of the plaintiffs, by their counsel, it is Ordered, That the said defendants do appear here on the first 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 of the City of Richmond, for two months successively, and posted at the front door of the former capitol in this city.
A Copy, Teste,
ANTY ROBINSON, C. C.
(Mfm) Wt.
May 17.
VIRGINIA.
At a Superior Court of Chancery held at the Capitol in the city of Richmond the 23d 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, and 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.
(Mfm) Wt.
May 3.—(etplm.)
VIRGINIA.
At a Superior Court of Chancery held at the Capitol in the city of Richmond, the 6th day of March, one thousand eight hundred and five—
Between
John Street, Plaintiff.
And
Archibald Gracie, Daniel Anderson & William Twitty, Defendants.
THE defendant Archibald Gracie, not having entered his appearance and given security according to the act of Assembly, and the rules of this court, and it appearing to the satisfaction of the court, that he is not an inhabitant of this country; on the motion; on the motion of the plaintiff, by counsel, it is ordered that the said defendant 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.
May 5.—(etplm. R.)
CASH
WILL be given for 12 or 15 BOYS, from 7 to 15 years old. Enquire of the Printers.
Dec. 13. [etpl.]
BENJAMIN STETSON,
INFORMS his friends and the public in general, that he has for sale, 400 gallons Holland's Linted Oil, White Lead and Spanish Brown ground in Oil, Patent Green ground in ditto, Verdigris and Spanish Brown, dry; 8 by 10 Window Glass, & Putty; 24, 34, 44, 64, 84, 104, and 203 Nails, two Casks Spike Nails, Bar Iron, German and Bittered Steel; general assortment of Iron Hollow Ware; 10 Hhds. Molasses, French Brandy, West-India and New-England Rum, Tea, Coffee, Leaf and Brown Sugar, Chocolate, Meats, fine and coarse Shoes, Ladies Kid & Morocco and Leather Slippers; 8 Boxes Cotton and Wool Cards assorted; half pint and Quart Tumblers, small invoice elegant cut glass, stone ware, German Ozenburgs, 30 Casks Salt, Nova Scotia Grind Stones, and many other articles in store, which he will sell cheap for cash or country produce.
April 2.—(law12m.)
FISHER & LESUEUR,
HAVE JUST RECEIVED, A LARGE SUPPLY OF GROCERIES, viz:
MUSCOVADO Sugar Pepper, Pimento, Cloves
Belt Green Coffee Nutmegs, Mace and Cinnamon
Double and single refined Madder, Brimstone, Alum and Copperas
Retail Molasses and Treacle Spanish & Bengal Indigo
Old Antigua, Jamaica, Spermaceti Oil
Santa Cruz, St. Kitts and N. E. Rum Pickled Salmon and Cod
Old Cognac Brandy Fish
Holland Gin New-York Candles and Soap
Madeira, Port, Sherry, Teneriffe and Malaga Gun Powder
Wine Patent Shot from 1 to 22
Bottled Port and Claret Thomas Leiper's Snuff
Caldwell, Fraiture & Co's Maccaba do.
superfine Chocolate Porter Corks
Young Hyson, Souchong, Imperial, and a few canisters containing 1 lb. Gin Cakes
Gun-powder Tea Cut qt & pint Decanters
Scotch Barley Cut qt & half pint do.
Fresh Oil and Olives Plain and cut half pint, pint & quart Tumblers
Bakel Salt Cut Jelly Glasses
Fresh Mustard China Bowls from 1 pint to 6 quarts
Spanish Segars Tea and Coffee Cups and Saucers
Martinique, Noyau and Bordeaux Cordials Patent Night Lamps.
Dox Raisins & Almonds 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. (etpl.)
WILL BE SOLD,
By virtue of a decree of the Superior Court of Chancery for Richmond District, on the 15th June next, at 12 months credit, on the premises:
A VALUABLE MILL SEAT, and ten acres of LAND, on Powhatten creek, about two & a half miles from James river and eight from Manchester—on this seat was formerly a mill; it is in a good neighbourhood for grain.
May 28. BY THE COMMISSIONERS. (etpl.)
ELLIS & ALLAN
Have received by the Balla from London, part of their SPRING GOODS, amongst which are the following articles:
LONDON Superfine Cloths and Callimeres, Quiltings and Dimities,
Handsome fashionable worked & laced Muffins, 3-4, 8-4 and 10-4 Diapers, 8-4, 9-10 and 10-16 Damask Table Cloths, Gentlemen's white and brown Cotton Stockings, Ladies' elegant laced white do.
Do. Tortoise-shell bent and braid Combs, Chintzes, Callicoes and Furniture
Gentlemen's black fashionable Hats, Do. drab beaver do.
Do. do. patent silk do.
Umbrellas, Boy's Morocco Caps, plain and furr'd, Belt Tiemp Roles, English White Lead, Spanish Brown, Yellow Ocre, ground in oil, and Verdigris, Prussian and Fig Blue, Belt Boiled Oil in jars, Durham Mustard, &c. &c.
Which, added to their present stock, and those expected (daily) from Liverpool, will render their assortment general.
May 7. (etpl.)
[BY AUTHORITY.]
RICHMOND ACADEMY LOTTERY.
CLASS No. II.
4000 Tickets at 10 dollars each, dolls. 40000
1 Prize of dolls. 10000
1 of 5000
5 of 1000 5000
20 of 500 10000
50 of 100 5000
50 of 50 2500
100 of 25 2500
40000
227
First drawn ticket after 500 are drawn, 500
after 1000 500
after 1500 500
after 2000 1000
after 2500 1000
after 3000 1000
after 3500 1000
after 4000 1000
after 4500 1000
The above Lottery will certainly commence drawing the first Monday in November, or sooner, if the tickets are sold.
May 21. 4.
NOTICE.
THAT by virtue of a Deed in Trust, I shall, (as the assignee of John Barret, Esq. of Louisa county) on the first Monday in June next, being Henrico court day, expose to sale by Public Auction for ready money, before the door of the said Court-house, A TRACT OF LAND containing one hundred acres more or less, lying and being in the county of Henrico, on the Three Chopped Road, being the same land, on which the late Thomas Ginnett, dec'd, resided in his life-time. This sale will be made to satisfy a debt with the interest due thereon, by Thomas Ginnett, dec'd. to John Barret, as surviving partner of Reid & Barret, together with the costs of executing this trust.
SAMUEL M'CRAW, Assignee of the cedit qui trust.
May 7. (etpl.)
MILITARY CERTIFICATES.
FOR SALE, Certificates of this State, bearing interest of 6 per cent. and receivable at the Treasury, for all arrears of rates, prior to the year 1799.
WILLIAM PRICE, Cashr. Genl. M. A. S.
May 10. (it.)
WILLIAM TEMPLE
Has imported in the ship Bella, Captain Cattle, 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 Sheppard, from Liverpool, daily expected, he will receive a very extensive and general assortment of HARDWARE & CUTLERY.
April 30. (etplw.)
TO BE SOLD,
To the highest bidder, on the premises, on the last Saturday in June next,
O much of the LAND whereon John Kello lives, in the county of Cumberland, late the property of Peter Francis, as will pay the balance claimed of him, by Samuel G. Adams, of L. 160, with its interest, by virtue of a deed of trust executed to me, by the said Peter Francis, for that purpose.
May 17. CREED TAYLOR, Trustee. (etpld.)
BURR MILL STONES, OF ALL SIZES; and
PLASTER OF PARIS, of an excellent quality, FOR SALE, AS USUAL, BY
WILLIAM DAVIDSON, near the Market. [etpl.]
Dec. 4.
NEAL NELSON,
BOOT & SHOE MANUFACTURER,
MAIN-STREET, RICHMOND.
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 first 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—C—round the Calf—B—the pitch of the disto—D—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. etpl
WANTED,
A Smart active LAD, about the age of 14 or 16 years, as an assistant in the retail dry good business. Enquire at this office.
May 21. ep4w
TEN DOLLARS REWARD.
LOST, on Saturday last (in Henrico Court-House, or in the streets between that and the residence of the subscriber) A BUNDLE OF PAPERS, Marked "Henrico May term, 1805." Within this bundle, were manifests for twenty hogheads tobacco, sundry accounts, notes and other documents, relative to suits depending in that court, and were subdivided into six bundles, and marked 1st, 2nd, 3rd, 4th, 5th and 6th day.
Those papers cannot be of any possible utility to any one except the subscriber and his clients—the tobacco mentioned in the manifests having been some time since delivered by the Inspectors at Shockoe warehouse, and shipped.
Upon a delivery of those papers I will give the above reward, and ask no questions in relation to them. But if stolen I will give ONE HUNDRED DOLLARS for such information as may lead to a conviction of the culprit.
Richmond, May 17. SAML. M'CRAW.
MOUNT SION FOR SALE.
THE subscriber offers for sale, his Plantation in Northumberland county, known by the name of MOUNT SION. The above tract contains about 300 acres, all of which is equal to any land in that part of the country for fertility of soil, and has every requisite to make it a desirable situation for a genteel family. There is on the land an excellent brick dwelling house, with every convenient out-house; it is situated on the navigable waters of the Potomack, and commands an elegant view of the river; it is very convenient to fish, oyster, &c. and is within one day's sail of Alexandria, Norfolk and Baltimore. Terms of the sale will be made known by application to Mr. Henry Ball, who resides on the land, or to the subscriber.
JESSE JONES.
May 3. etpl.
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 the Lychee'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 fixing 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 leaser. It is deemed unnecessary to state the great value of the above property, or any more as to the advantage arising from its central and eligible situation 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.
HE subscriber begs leave to inform his friends and the public at large, that he has obtained a commission for the exercise of the duties of a NOTARY PUBLIC, in and for this city; and that any business committed to him shall meet with prompt dispatch.
SAMUEL M'CRAW.
May 21. (it.)
A FEW HUNDRED EXCELLENT
QUILLS
FOR SALE AT THE ENQUIRER OFFICE.
Proceedings of Council, ON THE IMPEACHMENT OF JUDGE CHASE. THURSDAY, FEBRUARY 21.
The court was opened at 10 A. M. Present the managers appointed by the house of representatives in committee of the whole; and the counsel of judge Chase. MR. CAMPBELL, in continuation. I will now proceed as well as my indisposition will permit, to examine in a brief manner the second part of the subject, containing the several charges founded on the trial of Callender, at Richmond, as stated in the second, third and fourth articles of the impeachment. I will consider these several articles in the order in which the transactions on which they are founded took place in court. In order to ascertain the motives that actuated the judge, in this whole transaction, it will only be necessary to view his conduct as proved, so far as the same relates to this subject, previous to the trial. The first account we have of the intended prosecution, or I might say persecution, of Callender, is at Annapolis. Here the judge received the famous book, called the Prospect Before Us, upon which the prosecution was founded; and here the determination was formed to convict and punish Callender. The respondent said he would take the book with him to Richmond; that the libellous parts had been marked by Mr. Martin, and that before he returned he would teach the lawyers of Virginia to know the difference between the liberty and licentiousness of the press; and that if the commonwealth of Virginia was not totally depraved, if there was a jury of honest men to be found in the state, he would punish Callender before he returned from Richmond. This is the evidence of Mr. Mason, nearly in his own words and no person will pretend to doubt its correctness. What language could be used, that would more clearly show the partiality and predetermination of the judge to punish Callender, and the spirit of persecution by which he was actuated. Again, on his way to Richmond, according to the evidence of Mr. Triplett, the judge reviles the object of his intended vengeance; states his surprise and regret, that he had not been banged in Virginia; remarks that the United States had shown too much lenity to such renegades; and after arriving at Richmond informs the respondent, he was afraid they would not be able to get the damn'd rascal that court. Thus evincing in every stage of this business that intolerant spirit of oppression and vengeance, that seems to have given spring to all his actions. After the indictment is found against Callender, the panel of the petit jury is presented to the judge, he inquires if he had any of the creatures called democrats, on that panel, directs the marshal to examine it, and if there were any such men, to strike them off. This is the evidence of Mr. Heath, whose character and standing in society are known to many of the members of this honourable court. And though his evidence is opposed by the negative declaration of Mr. Randolph, who affirms, that he did not present the panel of the jury to the judge, or receive such directions; yet I conceive the court will give more weight to the affirmative declarations of Mr. Heath, with regard to these facts, than to the negative assertions of Mr. Randolph, who may have forgotten the transaction. This point rests upon the integrity and veracity of Mr. Heath. He could not receive the impression of these facts, unless the transaction had taken place; he could not reasonably be mistaken; the affair was new and extraordinary, and must have arrested his attention; and in this case there is no ground to make allowance for a treacherous memory; for it is not pretended that the witness, Mr. Heath, has forgot the facts, but that they never existed. If you do not, therefore, believe the statement he makes, it must follow that you admit the witness has wilfully and corruptly stated a falsehood; this I presume will not be admitted; but on the other hand, Mr. Randolph may have forgotten the transaction, in the battle of business, and this will account for the difference in the evidence of the witnesses without impeaching the veracity of either; this mode of reconciling the evidence is agreeable to the rules of law. I take the facts, therefore as stated by Mr. Heath, to be correct, and they afford an instance of judicial depravity hitherto unequalled and unknown in our country; a direct attempt to pack a jury of the same political sentiments with the judge, to try the defendant. This is a faint representation of the previous conduct of the judge, relative to this subject, before whom the defendant was about to be tried; or rather before whom he was to be called for certain conviction and punishment; for it ought not to be dignified with the name of a trial. With this view, therefore, of the temper and disposition of the judge, and of his previous conduct of this occasion, we will examine the first imputation of the judge begin more clearly to unfold themselves, viz. his refusal to postpone or continue the trial until the next term, on an affidavit regularly filed, stating the absence of material witnesses and the places of their residence, being the second charge in the fourth article. It is admitted by the respondent, in his answer, that an affidavit was filed, which he exhibited to the court, and a motion made thereupon by the counsel of Callender to continue his cause for trial until the next term; and it is proved by the evidence of Mr. Hay and Mr. Nicholas, that as counsel for Callender, they insisted for a continuation of the case, on the grounds stated in the affidavit, and also on other grounds; that they were not prepared to argue the law arising in the case, for want of time to examine the subject, and that the defendant was not, by the laws of Virginia, bound to come to trial that term. Here it may be proper to show what are the grounds for a continuance known in law, and to inquire whether those stated in the affidavit come within the decisions heretofore made in courts of justice. On this subject I will refer the court to one authority only, but one equally respectable with any that can be produced on criminal law, Foster Cr. Law, page 2 and 3. Here Mr. Campbell read the case at length, and then observed, that this decision took place in a country where criminal law is executed with as much rigor as in any in the world where there is the shadow of liberty; and yet the affidavit filed in this case, upon which a continuance was granted, only states the absence of material witnesses and the places of their abode; the defendants were not required to state the facts that those witnesses would prove. In ordinary cases the courts do not require this, and in many cases it would be impossible for the defendant to know all that a witness could give in evidence; nor is the defendant bound, except in extraordinary cases, to disclose the evidence that his witnesses, who are absent, can give, as it might endanger his defence and give an advantage to the prosecutor, if so disposed, to procure evidence, whether true or false, to controvert that of the defendant. The court in the case cited was held by a special commission from the crown, for the purpose of trying offenders for crimes of the deep dye, and such as are punished in that country with the utmost rigor; yet the court continued the cases of those defendants for such a length of time, as was deemed sufficient to procure their witnesses according to the distances at which they resided. There were in this case no stated terms to which the court could adjourn and continue the cause; they, therefore fixed upon a reasonable time and adjourned over to such day, in order to enable the defendants to prepare for trial; and it was observed by the court in that case that an additional ground for continuance, that the indictments had not been found until the court sat, and that therefore, the defendants had not time to prepare for trial. This was the case with Callender; he had no notice of this prosecution until after the indictment was found, and during the same term; he, therefore, could not have had time to prepare for his trial. The affidavit he filed was stronger and much more full than that in the case cited, it states the absence of a number of witnesses, whose evidence the deponent declares material to his defence. This would be sufficient to authorize a continuance upon a first application, and more ought not to have been required; but the affidavit goes further, and states the substance, as far as the defendant knew, of the evidence the witnesses could give; and also states the want of papers and books, material to the defence, that could not be obtained without allowing a considerable time to procure them. What more could be stated in an affidavit, for a continuance on the ground of want of testimony, by any defendant who wished to adhere to the truth? Yet a continuance is refused; and the judge states in his answer as the principle cause of such refusal, that the evidence of all the witnesses stated in the affidavit to be wanting, would not prove the truth of all the charges in the indictment, and would not therefore, make a complete justification if procured; and enters into an examination of the charges and evidence to prove this position. This excuse of the accused is founded on a train of the most fallacious and sophistical reasoning, that can be referred to, and is no more than a groundless apology, by which, if possible, to evade the true question, and avoid the odium that ought and must attach to such a transaction. It is not denied by the judge that the absent witnesses would prove in part the charges in the indictment; but he says it ought to appear, they could prove the whole. By this rule, in order to obtain a continuance, the party must show to the court the whole of the evidence necessary to support his case, and the judge is to compare the evidence with the charges, and must be satisfied that it is sufficient to cover the whole of the case, or he will not grant a continuance; this doctrine is too absurd to require a refutation; it would destroy all the benefit that could arise to parties from the right, so well established in law, of continuing causes upon affidavit of absent material witnesses; and subject the right to a fair and impartial trial, to the mere arbitrary will of a judge, who would thus assume the right to weigh the evidence wanted, and measure its materiality by his prejudice against the party; this would in fact, tend in many instances to destroy the trial by jury, and reduce it to a mere form without substance; for the party could not state on oath all that his witnesses could prove, once in a hundred times. But the answer states that the court proposed to postpone the trial for a month, and some of the witnesses go further than the accused himself and say for six weeks; and this is relied upon as showing the disposition of the judge to accommodate the defendant. This is a pretence to accommodate that could answer the defendant no valuable purpose. The absent witnesses resided at such great distances, that most of them could not be procured in that time, and this the judge well knew. He even states in his answer, that they lived at such great distances as left no reasonable ground to believe they could be procured at the succeeding term, being six months, and yet pretends that one month or six weeks would be sufficient. But here I must notice, that it is remarkable the counsel for the defendant never heard of this proposed postponement; and I must therefore conclude it was not seriously made; but if it was it only proves that the judge was determined to try Callender himself, and would not, therefore, on any ground whatever, continue the cause to a succeeding term, at which he was not to be present. He had before determined to punish Callender, and could not trust his case to the management of any other judge. This is of a piece with the rest of his conduct on this occasion, and prevents this honorable court and the world with an instance of the most blatant abuse of common justice, under the sacred function of administering the law for the correction of offenders. The next charge which I propose to examine is contained in the second article of the impeachment, and consists in the judge's overruling the objection of John Basset, one of the jury, who wished to be excused from serving on the trial of Callender, because he had made up his mind as to the book from which the words charged to be libellous in the indictment had been drawn. The constitution secures to defendants charged with crimes, the right of a trial by an impartial jury; any thing, therefore, that goes to show that a man has made up an opinion with regard to the guilt or innocence of the accused, or with regard to the matter in question, or decided it in his own mind, proves him to be disqualified to serve as a juror, because it proves he is not impartial, has a bias upon his mind, and cannot be said to be impartial. The same doctrine is supported by the laws of England. In order to show this, I will refer the court to 3 Bac. Ab. (new ed.) 756, and also Co. Lit. 158; where it is stated, if a juror has declared his opinion touching the matter in question, &c. or has done

anything by which it appears that he cannot be indifferent or impartial, &c. these are principal causes of challenge; and therefore such juror would be disqualified. Here it is manifest, that though declaring an opinion is good cause of challenge to a juror, if it is not necessary he should declare such opinion in order to disqualify him; it is sufficient that he has done something, whether making up an opinion, or doing any act whatever, by which it appears he is not indifferent, is not perfectly impartial. The objection, therefore, made to Basset as a juror, ought to have been sustained, and he ought to have been excused from serving on the jury, upon two grounds. First, because he had made up an opinion with regard to the matter of the charge against Callender. This is proved by the evidence of Basset himself, who says, he had seen in a newspaper, extracts stated in the publication to have been taken from the Prospect Before Us; and he stated to the court on the trial, that he had made up his opinion, that those extracts were seditions, and that the author of the book called the Prospect Before Us, or that from which these extracts were taken, was within the sedition act, & therefore punishable under it. It was at the time notorious and well known that Callender was the author of the Prospect Before Us; it was equally notorious and known, that the indictment against him was founded on that book; and Mr. Basset stated, he had no reason to doubt that the extracts were taken from that book as stated in the papers. Is it not, therefore, clear, that forming an opinion with regard to the extracts, was forming an opinion with regard to the matter charged as libelous in the indictment? No reasonable doubt can exist on this point, and though Mr. Basset did not hear the indictment read, as the court refused to permit it to be read until the jury were sworn, a measure under such circumstances extraordinary as it was new; yet he knew the subject matter it contained as well as if he had heard it. The opinion, therefore, that he had made up his mind on this subject, clearly proves he was not indifferent, was not impartial; he had decided the guilt of Callender, in fact, in his own mind, and could not be expected to shake off the effect of such prejudice. He was, therefore, according to the constitution, and the law already cited, disqualified from being a juror, having done an act that showed he was not indifferent, was not impartial, and ought of course to have been excused from serving on the jury. He ought also to have been rejected as a juror on a second ground; because he had not only made up an opinion on the matter in question, but had declared that opinion in public. It is proved by the evidence of Mr. Basset himself, as well as by that of Mr. Hay and Mr. Nicholas, and also by that of Mr. Robinson, that when he was asked whether he had formed and delivered an opinion upon the charge in the indictment, he stated, that although he had never heard the indictment read, yet he had formed an opinion that the author of the Prospect Before Us, was within the sedition act. This, as has been already insisted upon, was the same as forming an opinion upon the charges in the indictment, as he knew the indictment was founded upon that book; and this opinion, which he had formed, he then declared in open court, in the hearing of all the jurors, and before he was sworn as a juror. This was, therefore, according to the rule laid down by the judge and the question he declared proper to be asked, a complete disqualification of Mr. Basset from serving as a juror on that trial. For he had formed and delivered an opinion on the matter in question. And what difference could it make, whether such opinion was delivered a minute or an hour before the juror was sworn on the trial, or a week or a month before? Certainly the effect on his mind must be the same, and he must be equally unfit to serve as a juror in either case. On both of these grounds, therefore, Mr. Basset ought certainly to have been rejected from serving as a juror on the trial of Callender; and this is so glaring an inaccuracy on the impartiality of trial by jury, (the security of our rights and great bulwark of our liberties,) that when taken in connection with the rest of the judge's conduct, it strongly evinces an overbearing disposition, that would not stop at the use of any means, however unjust and illegal, to obtain a desired object. He had told the marshal, if he had on his list of jurors any creatures called democrats, to strike them off. He, therefore, knew the political sentiments of those who were called as jurors, to be favorable to his wishes, as no doubt his direction was pursued. Mr. Basset had declared his opinion, that the author of the Prospect Before Us was within the sedition law, who was notoriously known to be Callender. He therefore knew the sentiments of the juror; knew he must be disposed to convict the defendant, and for this reason he would not excuse him from serving on the trial, but would pervert the meaning of the law to make it subservient to his own views.
hospitably, and which of course might compromise the peace of the two countries.
CHARLESTON, May 20. Capt. Linton, 90 days from Port Antonio, informs, that the British homeward bound Jamaica fleet amounting to upwards of 100 sail, under convoy of five ships of the line, several frigates, &c. sailed from that place three days before him.
BALTIMORE, May 25. By the Betsey, arrived yesterday in 24 days from Jamaica, which place she left the 30th ult. we have received Jamaica papers to the 29th April. At the time the Betsey failed the British remained in quiet possession of that Colony. Our papers contain nothing of importance. Every exertion was making in Jamaica, to give the French admiral a warm reception, should he make an attempt to invade the island, which they did not think was likely to take place.
Danish Intelligence. COMMERCIAL. In the course of five months in the last year, commencing the 2d April and ending the 2d September, 83 American vessels passed Elsinore into the Baltic; of which 72 were destined for Copenhagen and St. Peterburg, and the remainder for Lubeck and Revel, viz. belonging to
Salem, 22 Boston, 11 New-York, 11 Providence, 7 Gloucester, 5 Newburyport, 4 Philadelphia, 3 Salisbury, 3 Marblehead, 3 Portsmouth, N. H. 2 Baltimore, 2 New Bedford, 2 Rhode-Island excluding Providence, 2 Beverly, Bristol, Savannah, } Duxbury, Plymouth, and Portland—one each, 83
The outward cargoes of the above vessels, consisted of 1,402,000 lb. Coffee; 8,723,000 lb. Sugar; 1,074,000 lb. Tobacco; 3,969,000 lb. Rice; 4,600 lb. Indigo; 222,000 lb. Cotton; 97,000 lb. Gum; 16,000 lb. of Hops; 166,000 lb. Pepper; 37,000 gallons Rum; 9000 pieces Nankien; 35,000 Staves; 14,000 boxes Fruit; 600 casks Oil.
The homeward cargoes were made up of 420 tons Iron; 4,100 tons Hemp; 210 tons Cordage; 38 tons Bristles; 50,000 pieces Salt-Cloth; 46,000 pieces Linens.—Most of the above vessels returned to the United States.
BANKS OF THE MEIN, MARCH 21. Mr. Livingston, Minister of the United States of America, lately arrived at Augsburg, with his whole family. He comes from Naples, and is on his way to Paris.
We learn from a gentleman who left Paris the beginning of April, that Mr. Livingston our minister at Paris, had returned from Italy, and was to sail from Bordeaux for New-York in all April.
of Congress making French, Spanish and Portuguese gold coins and French crowns a tender, expires on the 30th day of May.
The various Banks throughout the United States must pay their own notes, when presented for payment, in eagles, parts of eagles, or dollars or parts of dollars. Farmers, mechanics and traders will soon find the benefit of a convenient circulating substantial medium of trade. That flood of Bank paper with which our country is now deluged will gradually subside. It is not alone owing to the number of banks that such a vast quantity of paper is in circulation but to the almost total exclusion of coin.
CONNECTICUT. Hartford, May 22. With sincere regret, we learn, that the Honorable Roger Griswold, and the Honorable Calvin Goddard, two of the representatives in Congress from this state, have resigned. The real friends to the constitution of the United States, and the principles upon which it was administered for the first ten years, we have no doubt will lament with us, the event which we have just mentioned. The people of the state, with pride, have witnessed their exertions in endeavoring to preserve the constitution and government from destruction.
COMMUNICATION. Why do the United States deposit the amount of their Reserves in BANKS, without having some voice in directing the operations of those BANKS?
THE LATE ELECTION. In this state, contested generally on the principle of friendship or enmity to the Merchants, Bank business, has terminated remarkably advantageous to the ready republican interest.
NEW-YORK. In the Middle District—in Rockland, Mr. Herring is chosen. In Orange, Mefs. Crift, Dill, McCord, and Wood. In Ulster, Mefs. Hafbrouck, Sears, Lounsbury, and Roos. In Greene, Mefs. Fly and Thompson. In Delaware, Mefs. North and Marvine. In Dutchess, Mefs. Carver, Herrick, Woolley, Field, Williams, Schenck, and Van Benthuysen. In Columbia, four federalists. Total 24, of whom 6 are in the Bank influence.
MARIETTA, (Ohio) May 18. Aaron Burr late Vice-President of the U. States, passed through this town on Friday last, on his way to New-Orleans.
INDIAN WAR. Extra of a letter from a gentleman of respectability residing at Kaskaskias, to his correspondent in this place—dated, April the 7th. “The Osages are likely to be cut up root and branch, by a confederacy of almost all the Indian nations of the west: already blood has been spilt; and large bodies of men are in motion to attack their country. Mr. Van Bibber, with whom you are acquainted, has just returned from the Missouri—he states to me that about ten days since, a body of about four hundred of the Sacks, crossed at a French village, at which place he was; about fifty miles from the mouth of the river on their march to attack the Osages.”
VERMONT. James Fille, esq. a republican, is elected a member of congress from the north eastern district, in opposition to gen. W. Chamberlain, by a majority of about 500.
COMMUNICATION. Be so good as to inform the public, that after the third day of May in this present year, 1805, nothing is a tender in the payment of debts, but American coin and Spanish dollars, and parts of dollars. The act
Winchester, has been recommended to the citizens of another District in Virginia, as a fit person to supply the place of Mr. Smith of Bedford, in Congress—that he will, in all probability, be elected. Should this event take place there will be additional cause for congratulation: as Mr. Holmes lives on the road to Washington, we should unquestionably find in him, great additional support to our cause.
The mail from Washington City, is regularly received at Marietta in five days, which proves with what facility business may be transacted between the two places.
CONNECTICUT. Hartford, May 22. Instructors of Schools.—The paragraph in the governor of Connecticut's speech relating to schools, is of great importance; and we flatter ourselves that it will only engage the attention of the Legislature and the public. There is no order of men whose employment is more deeply interesting to society, than that of school-masters. To them is committed a treasure infinitely more precious than gold and silver; in their hands is placed the rising hope of their country. They are the guides, as well as instructors of the rising generation; and it is their business to mould the yielding clay of human nature into comely and useful vessels.
FISHERIES. Four years since only one whaling ship failed from the port of Sag-Harbour. The two following years there were three—last year four; and during the present year six are contemplated.—In addition to which there is now a fine ship on the stocks, to be engaged the next season, and preparations are making for the building of others. These are all owned in Sag-Harbour and its vicinity.
SHEEP SHEARING. We have been favoured with an accurate account of the sheep shearing, at Arlington, the estate of Mr. Cuffis, in this vicinity. The utmost exactness was used in the weights and measures, and the account is transcribed by a gentleman, who was present at the time.
The prize ram, of one year old, bred by colonel Thomas L. Lee, of Loudoun, and shorn on the 30th of April. Weight of the Fleece, 12 lbs. 5 oz. Length of the Wool, Extreme, 13 inches, in ordinary, 11 inches. Gross weight of the Carcase, One hundred and forty pounds. The extreme length of the animal from the nose to the buttock, four feet nine inches; the girth of the body three feet seven and a quarter inches; and the length of the fore leg from the brisket to the ground, twelve and a half inches. The above dimensions, and gross weight of carcase, were taken after shearing. It is intended to announce him the present season, so that hopes are entertained that his fleece may reach 16 pounds, the ensuing year. This method is very prevalent in Europe. Four prime ewes were then shorn, bred by Mr. Cuffis, from the imported ram, upon the improved Mr. Vernon breed: No. Weight of the fleece.
A ram lamb of two and a half months old, weighed gross, eighty-two and a half. Although these weights may appear but small when compared with the English flock, yet when the scale of improvement between the two countries is balanced, and the subject considered comparatively, and with due reference to the progress and means of improvement in each, they will appear even respectable in the country the most distinguished in the world, and in which the science of agriculture and rural economy, has been carried to an extent unparalleled. Possessing a portion of every climate and soil, we may hope in due time to rise to pre-eminence in the rearing of useful animals, so necessary to manufactures, and so intimately connected with agriculture; the great prime source of national wealth and individual prosperity.
FROM A RECENT PAPER. FARMING SOCIETY OF IRELAND. On Saturday ended the Spring Show of the Society. It appears that this is the fifth spring show of the society, which was instituted March, 1800, yet it was acknowledged by those who have attended similar exhibitions, that they never witnessed a more gratifying display of zeal and attention than in the members of this society. The premiums offered at this show were for fat cattle and swine, for fat sheep of different breeds, for seed corn, and for ploughing.
On the event of this election, the prosperity of the town of Marietta and of the neighboring counties, as we apprehend, very peculiarly depends; and aside from all considerations of national politics, we deem the result a most fortunate one—whosoever will for a moment reflect on the immense benefit which will be derived from the opening of a leading road through this place to the Atlantic states, will we are persuaded, unite with us in opinion on this subject.
The Congress of the United States at their next session, will undoubtedly cause a road to be laid out from the Federal City to the state of Ohio, to the improvement of which, large sums of money will be appropriated. It is well known that almost every town on the river, has made pretensions to the benefit of this appropriation. Is it a thing of little moment then, that to support our claims, we have so powerful an advocate as Mr. Jackson? On the contrary, to the active and efficient exertions of Mr. Jackson, may we not look forward with confident hope of success?
but there were some excellent Herodots, two of which gained prizes. It was observed with regret, that there were no Domes, or Highland Scots, which are so much esteemed in the London market.
On Tuesday the first day of the show, the different animals exhibited were distinguished by single letters from A to Z, and numbered according to the order of the exhibition of their merit, with labels expressive of the decisions of the judges, which made this a day of instruction.
One circumstance on this occasion, afforded additional pleasure, that although in other places, dissentions in the voting candidates to premiums occur, at this meeting a single murmur against the decision of the judges was not observed.
It is understood that some of the latest animals exhibited had been brought to that state without the very expensive process alleged to be made use of in other places, and some of them chiefly by pariahs. This is of more importance than can be well imagined, as every inducement to raise great quantities of that useful root will occasion it to be in great plenty and at a lower price; and from some late improvements made in increasing its produce with a small quantity of manure, there is no saying to what an extent this may be carried.
There were two pairs of South Down Sheep—the Hoggens were very much approved. The five Hoggens of the New Leicester breed shewn by Mr. Garnet of Summerfield, which had always been fed on grass, without hay or any other food in winter, were sold to a butcher at 45 sh. each.
The ploughing-match was conducted with equal spirit and order at Mr. Garnet's of Maultown, about four miles from Dublin. This is the second season that Mr. Garnet has accommodated the Society with land for the purpose, and has given the gentlemen attending an elegant cold collation. This situation was particularly interesting, exhibiting all around the ploughing ground, the great benefit Mr. Garnet has experienced from converting into tillage old rocky grass lands, some of which had by constant mowing without manure, become unproductive of grass, and since being tilled and laid down with clovers and rye grass, has afforded last year two very luxuriant crops of hay.
It was pleasing to hear it remarked, that at former exhibitions several ploughs with four horses and drivers were entered, but no general was the advantage felt of using two horses without a leader, that not one with four horses or four oxen was brought forward on this occasion. The ploughs were all of them, except three, the Scots living plough, and the execution was in general good, though there is still room for improvement. Some were made in Ireland; that of the Rev. James Symes, of Ballybourn, who gained the first premium and prize-cup, was drawn by two very small grayed heifers, and held by a lad of nineteen years of age, a native of the county of Wicklow. To remedy the inconvenience of importing these ploughs and other agricultural implements, several members of the society have joined in order to raise a sum of 3000l. for the establishment of a manufactory in Dublin, which is expected to commence immediately. From the readiness of draft of the grayed heifers, as well as the ease with which they are trained, it appears desirable that they should be more frequently tried.
The Suffolk Punch Mares exhibited by Mr. Glemson, were noble draft animals, and were highly approved of by all the spectators. This breed, when not too large, combine strength and activity, and seem well adapted to this country.
The feed corn produced, was deemed by the judge equal to any samples imported. Mr. Glemson's oats which gained the prize, were sown the 12th of April and reaped the 31st of August, producing 25 barrels to the Irish acre; each bushel Winchester struck weighing 49 lb. 9 oz. A very mistaken opinion has been inculcated by some persons, that the greatest degree of moisture in Ireland is so unfavorable to the ripening of grain, that pasture instead of tillage, should meet the greater encouragement. There cannot be a more pernicious and unfounded error. Forty years ago it was believed that wheat would not ripen in the north of Scotland, whereas, wheat of the best quality is now grown in that part of the United Kingdom.
His excellency the Lord Lieutenant visited the exhibition, and expressed himself highly pleased with the instructive arrangement of the business. A great concourse of people attended every day, & seemed all to be impressed with the advantages and rapid progress of the institution. We join sincerely in Lord Somerville's encomium, at his last meeting in London, on the spirit and arrangement of the Farming Society of Ireland, and in our best wishes that there may be no relaxation in their exertions.
The Society as usual, dined together three days during the show. Agricultural subjects were the general topics of conversation, and very interesting experiments, since the former meeting detailed.
Mr. Lambert, of Beau-Park, presided each day in the absence of the President and Vice President. The following among many other friends were given:— His Majesty, the zealous friend of Agriculture. His Royal Highness the Prince of Wales. Earl of Hardwicke, Patron of the Society. Right Hon. John Foster, President, the steady promoter of Irish husbandry.
The Marquis of Sligo, Vice President, and thanks for his exertions in promoting the object of the society. Lord Sheffield, and the Agricultural Societies of Great Britain.
The memory="true"> The memory of the late Duke of Bedford. Speed the plough. Horn, Corn, Wool and Yarn. Lord Somerville, and the Pleace. The Duke of Bedford, and the Woburn meeting. Sir John Sinclair. Mr. Coke of Norfolk. The memory of Mr. Bakewell. Mr. Kirwan, and the application of Chemistry to Agriculture, Draining and Irrigation.
NEW-YORK, May 22. To the Editor of the Daily Advertiser. Dissertation of Dr. Leymeire upon the composition of a woman called Boyer.
There have fallen into my hands several numbers of the paper entitled Le Moniteur Universel. This Gazette being recognised as the only official one in France, the facts which it reports should be considered as the most authentic possible.
The following, which I find in the number for January 10, 1805, appears to me capable of fixing the attention not only of your readers, but even of all the people of the United States, for the two-fold reasons of the interest it inspires, and the relation it has to the Yellow Fever—A relation in my opinion, more immediate than one could imagine.
PARIS, 9 Nivose, an. 13. The public prints of this week, make mention of a burning to which a woman, called Boyer was a victim; but, from the imperfect details they give of this event, they seem to consider it in the case of ordinary burnings.
Having been a near witness of this affecting scene, I conceive myself right in regarding it as comparable in every thing to those events of which instances are cited, and to which they have given, very improperly the name of spontaneous combustion.
I will content myself by stating the facts such as they appeared to my eyes,—On Wednesday, 21 Nivose, towards noon, having heard that a woman had been found almost entirely reduced to a cinder, although she had no fire in her chamber, but what she had kindled in an earthen pot—I doubted that this woman had been the victim of human combustion, and the

investigations I afterwards made very soon confirmed this anticipated opinion. The woman Boyer was aged 68 years, and was so fat that she weighed more than 200 pounds, and according to the greatest number of persons I have questioned, was very much given to drink.
"It is to be remarked that these circumstances have hitherto characterised the phenomenon of human combustion."
"Wishing to be certain of the fact, I went myself to the house where the woman lived. After making every enquiry possible, I learned that many neighbours living on the same floor, and who had retired between 11 and 12 o'clock, the preceding night, had heard nothing; that it was not till towards 3 o'clock in the morning that the porter of the house had perceived the disaster under consideration."
"Having entered with him into the chamber of the woman, which contained two beds, and was incombustible with other moveables, I remarked with surprise that, with the exception of a little table and a commode, none of the articles were damaged by the fire—even the commode was almost entirely preserved; the frame of the window, though hurt by the flame, was not totally destroyed."
"One part of the chamber was swimming with a very fetid liquor; all the moveables, the door, the glass, &c. were covered with a gross foot."
"The remains of the body presented only the pelvis and the right inferior extremity."
"I saw nothing that could belong to the head, to the anterior extremities, to the superior part of the trunk, or to the left inferior extremity."
"I have said that nothing of the matter was perceived at midnight, (though the odour of an animal in combustion must, as every body knows, be very fetid and penetrating;) and that it was not till 3 o'clock in the morning that the remains of the woman were found in the state which I have just described. Three hours appear, then, to have sufficed to operate the almost entire destruction of the body of this woman. Can this event be attributed to the simple action of fire? May not one presume that it was caused by the circumstances which constitute the very remarkable case of human combustion? I may safely say that this phenomenon (upon which legitimate medicine has hitherto made no very profound researches) merits all the attention of medical men and physiologists."
"It is this which induced me, Sir, to ask you to insert this letter in one of your next numbers in order to ascertain, in an authentic manner, a fact more common than is supposed. I have the honour to salute you."
A. DESMAREST, jun."
Method of tempering edge tools, of too brittle a quality. From a French publication.
Having bought a neat knife, and paid handsomely for it, I found that whenever I attempted to cut wood, or any hard substance, the edge broke. This accident often repeated, soon made a flaw of my blade. I complained to the cutler, who very seriously told me, that it was a sure sign of the goodness of my knife. He finished by sharpening it, and receiving his six-pence. This grinding happened so frequently as to become more tedious than costly, and at last reduced my knife to nearly the size of a large needle. A new blade was fitted to the handle, the same accident happened to it—it proved again of too brittle a temper. My patience now became tired, and I almost determined to lay the knife aside, the handle of which I only regretted, when an itinerant file-sharpening gave me an effectual receipt—to plunge the blade up to the handle in boiling fat for two hours, and then, taking it out, to let it cool gradually. I followed his directions; and my knife cuts the hardest wood, ebony, box; even bone its edge now resists.
A curious fact in Natural History has been observed by Dr. Gabriel Anselmi, professor of Anatomy at Turin. A Snake, called in Italy Serpe Nera, the Coluber Natrix of Linnæus, is said to be extremely fond of milk; and the country people even pretend that it makes its way into the dairies to graze its inclinations. They even assert, that it is sometimes found entwined round the legs of cows, sucking their teats with such avidity as to draw blood, when their milk is exhausted. Of this fact, which by many had been considered as a popular tale, the Doctor had himself an opportunity of being an eye witness. "Walking, according to custom (says he) one morning, on the road called the Park, bordered by pastures, containing a great number of sheep and horned cattle, I observed an old but a vigorous cow, separate from the others, and lowing, with her head raised in the air, her ears erect, and shaking her tail. Surprised at the noise she made, I peered myself on the banks of a stream, and followed her wherever she went with my eyes. After running some minutes, she suddenly stopped in a lequered spot, and began to ruminate. Inquisitive to discover the cause I went to the place. After going into a pond to drink, she came out, and waited on the brink for a black Snake which crept from among the bushes, and approaching her, entwined himself round her legs, and began to suck her milk. I observed this phenomenon two successive days, without informing the herdsman. The third day I acquainted him with it; and he told me that for sometime the cow kicked at the approach of the calf, and that she could not, without difficulty, be compelled to suffer it to suck. I took away the Snake, which we killed. On the succeeding day the cow, after in vain waiting for her sucking, ran about the meadow in such a manner, that herdsman was obliged to shut her up." Dr. Anselmi has discovered, that if the teats of the cows be washed with a decoction of tobacco, the ravages of these depredators may be effectually prevented.
TWENTY-FIVE DOLLARS REWARD. RUNAWAY from the subscriber, a negro wench, named NANCY, with a boy child a bout nine months old. She is a very black, stout wench—the has a very bad burn on the right side of her face, which injures one of her eyes. I bought her of Laurence Alston in King George County, and she will endeavour to get there again. She got away about six miles from Hanover court house. She had on a striped house gown and a hat. She has very thick lips. I will give the above reward to any person that will deliver said wench and child to me, living in Greenville County in Virginia, near Belfield town, or secure her in any jail to date. I get her again. LITTLETON SIMS. May 31. (84. 4)
ABSCONDED. The second time, in the month of February: JACK, sometimes known by the name of Jack Ash. He is upwards of 50 years of age, a gardener by profession, rather under the middle size. He was purchased of Lewis Burwell's estate in January 1804. He is well known in and about the city of Richmond, Amherst, in the county of Chesterfield, where he has a number of free connections, and in the neighbourhood of Williamsburg. It is very certain that he is lurking about one of the above places, most likely Richmond, where he has a free woman for a wife. Mr. William Rose is authorised to give a reward of THIRTY DOLLARS on delivery of the above Jack Ash to him. May 31. (85)
WANTED IMMEDIATELY AT THE Washington Tavern: A YOUNG MAN qualified to act as BAR-KEEPER. To one who can come recommended for industry and morality, liberal wages would be given. May 31. (86)
The Enquirer.
RICHMOND, MAY 31, 1805.
VIRGINIA LEGISLATURE.
The DUTIES as well as the POWERS, not delegated to the United States, are referred to the states respectively or to the people." This text is fruitful of the most interesting commentaries. We might here dilate upon the advantages of an organisation, which devolves every political subject of a general nature upon a general government and reserves every local subject for the superintendence of a local legislature. We might comment upon that remarkable difference in the structure of the two constitutions, the one selecting a few out of the general mass of powers, enumerating and specifying them with the most guarded circumspection, while the other submits every other remaining power to the discretionary exercise of the state Legislatures. We might thus demonstrate, that the different spheres of action in which the federal government and the states revolve, are much more distinctly marked out, than those which may belong to the state & to the people: the first being designated by a written chart, the last being left to an undefined and varying convention. We might however attempt the delicate and difficult office of applying this principle of convenience to a variety of cases, for the purpose of determining the true boundary between the interference of the state & the private judgment of individuals. We might expatiate upon the auspicious consequences of our present federal administration, which leaves unnothing to desire from the general government, and the inference would consequently be irresistible, that our political condition would be completely fortunate if the state legislatures would wisely regulate every public institution which the public good demanded, and if individuals would exercise their own powers by the liberal rules of justice. Such an expanded view however, it is not the purpose of the writer to develop. He wishes to invite the attention of the reader to one simple inquiry: to what causes are we to attribute the want of foresight, and the want of zeal which sometimes characterise the proceedings of the Virginia Legislature?
A considerable part of these defects is doubtless to be ascribed to the general habits of the members. Selected as they are every year from the great body of the people, and changing continually from year to year, they must be expected to possess the manners, the political sagacity and the intellectual energy of their nation. Blessed as we are however with the means of improving the scientific condition of our country, & delighted as we may be with the bright visions of excellence which await us; still we must admit that our physical condition does not as yet enable us to realise these advantages. Our population is too thinly scattered to admit the establishment of many schools in each neighbourhood and our citizens are generally too poor to be able to board their children from home at some distant and enlightened seminary. Even at such schools the attainments of the instructor are not so extensive and the system of education which he pursues is not so energetic as to promise a very rapid improvement of the pupil. What then is the consequence? Most of our countrymen are debarred from the opportunities of an early instruction, while the progress of the adult is generally arrested by the calls of business or the fascinations of pleasure. It is certainly no disgrace upon our countrymen to say of them that many have been called, like Cincinnatus, from the plough, to fill the honorable office of a legislator, but it would have reflected much more honor upon them, if like that illustrious Roman they had possessed the means of acquiring the necessary qualifications.
We may however, assign two other reasons for the defects which we have suggested. The one is that most of the members whom they enter the Capitol are ignorant of the principal subjects which are to be brought before them; ignorant of the principal facts and arguments which are necessary to decide them, and excited by no previous discussions to institute new enquiries, and obtain new information. The other is, that when these subjects are thrown into the shape of bills for their discussion, they are preferred in manuscript; they are seldom seen by any but the draughtsman, the committee, & the most active members of the house; while the rest know little about them except what they may casually glean from the rapid reading of the clerk. Is it then a matter of surprise, that under these disadvantages, a want of foresight and a want of zeal, should sometimes characterise the proceedings of the Virginia legislature? And would it not be a most essential improvement in our system of legislation, if sufficient remedies could be devised for removing these defects? The first might easily be remedied by printing every important bill as they do in congress; and is it too romantic to suggest the following plan, for the amelioration of the other? Let the interval between two succeeding legislatures become a period of public and enlightened discussion. It will be easy to anticipate some of the questions which will be brought before the assembly, and to prepare them for a more satisfactory decision by such a preliminary investigation. Let those who have facts interesting to the public, communicate them, and let those who can aspire to the office of examining principles exhibit their results in a public paper. These communications will circulate throughout the state: they will come into the hands of the members of the assembly: curiosity will be excited: mind will be put into motion; and information diffused over a greater surface.
The editor would be extremely happy if he could persuade others to take the same view of this subject which he himself has just sketched. Still happier would he conceive himself to be, if competent minds could be persuaded to undertake the execution of the project, and if they would honor him so far as to make this paper a vehicle for conveying their lucubrations to the world. Under such a view of the subject, he will venture to anticipate a few of the topics, and to propose some others, which may or ought to be brought before the ensuing legislature:
1: The constitution of Virginia is supposed to require some amendments, 1st. to reduce the number of the executive council, 2nd. to equalise more nearly the number of senators from the eastern and western districts, 3dly. to extend the right of suffrage beyond those who possess freeholds. 2nd: If the legislature should decide in favor of any amendments, in what way would it be best to introduce them? Would it be proper to call a convention clothed with general, or specified powers, or to give this conventional authority to the next legislature, after they had received the instructions of the majority of the duly qualified voters? 3rd: Can the system of our finance be perfect when our treasury has scarcely a single cent in it after the middle of April, when warrants are drawn which cannot be discharged, when the public workmen are passing off their claims at a considerable discount, and when the "first part of a public work grows grey with age & almost tumbles into ruin, before the last part is lifted from the dust?" To what causes are we to ascribe this defect? Is it from rating the receipts of arrearages or the accruing taxes, too high, or from making some mistake in the time the tax is to be paid in, and the time when the money is to be disbursed? 4th: Complaints have been made about the defective administration of justice and a variety of reforms have been proposed:
1st: We are invited to abridge the fees and influence of Lawyers and the tedious forms of suits, by imitating the arbitration-system of Pennsylvania; different limits have been proposed both with respect to the sum to be recovered and the power of subsequent appeal from the decision of the arbitrators. Should this plan be adopted, would it not be better still to preserve the present plan so as to give either of the parties the right of going into a court of justice; or both of them the right of referring to arbitrators and still subjecting the delinquent party to the jurisdiction of the civil officer?
2nd: Innovations have been proposed into the number and the appellate power of our courts; and the number and pecuniary compensation of their judges. On these points one of the Editor's correspondents has—
1. Let all the citizens between the ages of 25 and 50, who can read and write, be enrolled, and the names of a competent number be annually drawn by lot, amounting, say for each county, to 25. 2. Let the court at its first session in each year, name 12 citizens who shall serve as jurors for the period of a year commencing 12 months thereafter. 3. In constituting a jury for a particular case, let 9 citizens be drawn by lot from the first class, and three from the last.
PROTESTANT EPISCOPAL CHURCH.
IN no country on earth does religion enjoy such a perfect toleration as it does in the United States. There is not a part of the eastern continent which does not exhibit the triumphs of one favoured sect and the consequent oppressions of every other. These privileges and penalties are almost indefinite in their number and degree; and there is scarcely a single shade of them, which some portion of Europe has not displayed at some period or other. In some places, the religion of the government is supported by fire and faggot; and the life of the heretic becomes the forfeit of even his speculative opinions. In other places, opinion though it may be free for the most extensive discussion, is erected into a test of political qualification; and the heretic, who will not swear to believe a particular creed, or practise a particular discipline, is for ever shut out from all the offices of the state, and sometimes from any participation in the election of others. The form of a religious establishment becomes still milder, when every sect is equally privileged to exercise its mode of worship, and to obtain the offices of the state, and the only distinction between the heretic and the favoured sect is, that the latter is endowed with some permanent fund or entitled to an annual assessment from every other sect, for the support of its peculiar doctrines. Such was the condition of the church in this country before our revolution, and such it would be in the British empire were the distinction of England and the Catholics of Ireland exempted from tests and political disabilities. When we say that there are so many pictures of the religious establishments of Europe, we are proud to add, that our political revolution has not suffered a single lineament to remain of these various originals. We have no odious distinctions in this country among the christian sects. All are equally favoured by the government: all are equally heretical. Some little distinction, it is true, does still prevail in some of the states, between those who are the friends of religion and those who have no religion at all. For example, in one or two of the northern states, a system is supported by the law, which attempts to reconcile the interests of religion with the liberty of the individual; and instead of compelling every man to contribute something towards the support of one sect, exacts something of each man, but allows him the discretion of naming the minister, who is to receive his contribution. Mild even as this system is in relation to the establishments of Europe, it wants that complete toleration, which the other states, and Virginia among the rest, have had the liberality and the spirit to pursue. No permanent donations exist among us: no annual assessments are levied upon the people, for the support of religion. All its resources must flow from the choice and the contribution of individuals, and to their own bosoms is left the determination which sect of religionists and which minister of that sect they will please to support,
or whether they will please to support any or minister whatsoever. The very name of a minister of the gospel, would in fact have been a stranger to our constitution and our laws, if the 14th art. of that instrument had not declared them "incapable of being elected members of either house of assembly, or the privy council," and if it were not occasionally introduced into our laws, for the purpose of annexing a penalty to an indecent interruption of their religious worship.
This political toleration of the various sects of christianity, has merely served to remove that ungenerous discrimination of privileges and penalties which the governments of the earth had attempted to establish, without equalising the merits of their different doctrines. In this point of view, perhaps the members of the Protestant Episcopal Church are severely inferior to any of their fellow-labourers in the vineyard. I am not now giving my opinion as a critical theologian. I am not sitting upon the oracular tripod, extracting from the scriptures an infallible system of faith and examining by such a perfect standard all the formula of the Episcopal Church. But I speak as a common observer, who scans the obvious operation of their scheme, and calculates the probable consequences of such a discipline and doctrine upon human life: and by this light, I do not hesitate to say that the Protestant Episcopal Church is certainly not very inferior to others in the manner or matter of its system.
It is neither prophanned by the pomp and mummery of the catholic church, nor the cant and overstrained enthusiasm of many of the dissenters. Its precepts are pure and calculated to produce a rational and vigilant deportment. Some sects preach up the doctrine of an innate, predestined grace. "You were born to be saved (they say) and no act of your life, however mean or villainous it may appear can forfeit the benefit of your birth-right." Others inculcate the necessity of an original inspiration from the Deity. Having once received this divine influx, you may consummate by your virtues, but you never could have originated, the work of salvation. What however do the protestant Episcopalians inculcate? That the recompence of the Christian in another and a better world, is entirely proportioned to the extent and vigour of his virtues in this scene of probation.
In spite however of this admirable system of worship, the protestant Episcopal church of Virginia is gradually declining in the zeal and number of its profelytes. So long as parish assessments were levied for the benefit of their church they derived an influence from these resources, which supplied the place of an innate enthusiasm. Now these resources have expired: and they have been thrown with all the facility and indolence of old establishments, into a fair and fearful competition with the novelty and zeal of the present sects. What other predictions then could have been formed, than that they would gradually be the profelytes of their church passing over to the communion of more animated though less enlightened ministers? and when the court of appeals decided that even the corporate property of the sect, the glebe lands and the churches, should be made liable to confiscation, who could not have anticipated the gradual downfall and ruin of the protestant Episcopal church?
1. GLEBE LANDS.
WHEREAS the great question of the title to the glebe lands belonging to the Protestant Episcopal Church, in the estimation of this committee, remains yet undecided; and this committee considering the law of this Commonwealth passed in the year 1802, authorising the overseers of the poor to expose to sale all vacant glebes, to be unconstitutionally interfering with a title completely vested in the Episcopal Church and subversive of private right, and this committee feeling an ardent desire to defend the rights of the Church; they therefore recommend to the Convention for their adoption, the following resolutions:
Resolved, that the Bishop & standing committee be authorised and requested to pursue to the end, the defence of the rights and property of the Churches aforesaid.
Resolved, that this Convention will endeavour by contribution from the several parishes or otherwise, to raise a fund for the purpose of defending any and all expenses, which may be incurred in the protection and maintenance of the rights aforesaid.
These resolutions after being read, were agreed to.
2. ASSISTANT BISHOP.
Whereas the Bishop has represented to this convention, that from want of bodily strength and fromundry necessary and official occupations he finds himself unable to discharge the whole of the arduous and important duties annexed to that office. Resolved that it is expedient an assistant Bishop be appointed.
Resolved, that the nomination of an assistant Bishop be postponed until the next Convention.
3. ITINERANT MISSIONARIES.
WHEREAS many parishes in this state are without pastors, so that the members of the Protestant Episcopal Church residing therein have no opportunity of hearing the doctrines of our Church explained and inculcated, and of having its several ordinances administered; And whereas it is believed that the interests of religion will be promoted by the mission of suitable characters in the several districts within this state, for the purpose of explaining and inculcating those doctrines, and of administering such ordinances: Resolved, that it be recommended to the Bishop and standing committee to select so many suitable characters as they shall deem necessary from time to time, for the objects aforesaid, and that preachers to such missions, due notice shall be given by circular letters or otherwise to the minister and vestry, to some respectable member or members of each parish, whole right it shall be to promote a subscription for the compensation of such travelling ministers, and that the several sums so raised be forwarded to the treasurer of the Church, subject to the management and disposal of the Bishop and standing committee.
Not a new or interesting article by the last evening's mail.
The ungenerous spirit of misconstruction or the vindictive malignity which distinguishes a recent paragraph in the Aurora, has not escaped the editor of the Enquirer.
WEST INDIES.
From this quarter we learn, that Admiral Cochrane's squadron appeared off, and failed from Jamaica, the 18th April, in pursuit of the Rochefort Squadron, flying northward and eastward. On the 19th April, the French squadron was taken in lat. 34 12, long. 50, steering E. They have the freight of the English by 16 days sailing. Phil. Pop.
FOR THE ENQUIRER.
To those who prefer simplicity and pathos to the glare of imagery and metaphor, the perusal of the following lines will afford peculiar pleasure. What comes from the heart of the writer, goes to the heart of the reader. Genuine poetry is nothing more than a simple and forcible expression of feelings inspired by nature, refined by knowledge, expanded by social intercourse. Simplicity is essential to a forcible delineation or affecting expression of these feelings. Whoever attempts to touch the heart by imagery and metaphor, will produce only tinkling and tumour, a spurious and transient emotion, instead of the durable, delightful and powerful impression of nature and of truth. Why else should Mason's elaborate elegy on lady Coventry affect our feelings so much less, than the following lines?
THE UNFORTUNATE MOCKING-BIRD.
I. The sweetest warbler of the shady grove, So oft made vocal by his plaints of love, List the wild beauties of the scene, And sought the busy haunts of men; In search of yet untainted joys, Tho' fond, like them, of glitt'ring toys: Or else to kill the tedious hour, He leaves awhile the mortal bower, Where his late mate fill'd with maternal cares, The future nursery of his love prepares.
II. Perhaps, he flies these scenes of rapturous bliss, Where all the Heaven of faithful love was his, Till death his dearest treasure stole, And desolated all his soul! The widow'd wanderer, fond to stray; Unheeded of his various way: He chanc'd the city caught his view, Fate urg'd him on—away he flew: Near the deep vale a lonely mountain-rose, And one fair tree, where he might court repose.
III. He gain'd the tree—he sought the topmost spray, Where oft he trill'd his soft melodious lay; While, as he swell'd his downy throat, And lengthen'd every mournful note, He sooth'd his troubl'd soul to rest, And hush'd the tumult of his breast; Thus, harmony suspended grief, And soothing nature found relief, Some kind indulgent power, his choice might guide, Its widow'd lord to cheer, to him in fate allied—
IV. He grateful, listen'd to the various song, And pray'd him, oft repeat and still prolong, The lady-swee, alternate strain, Nor feel his native woodland pain, Content, the little warbler stay'd, The tree was good for food—the shade, Was grateful from the noon-tide heat, There he might cluse his shelter'd seat, While sympathy, be-guill'd the live-long day, For hearts respondence—charm their woes away—
V. Alas! how short-liv'd are this scene of peace, How evanescent! as the extreme of bliss! For now, a savage foe appear'd, With instruments of death! prepar'd, That soon might praise his wondrous skill, 'Twas his inhuman sport to kill! His murderous eye, had mark'd the prize, His heart had laid—The victim dies! The blameless minstrel, ignorant of guile, Still chirps and sings; to cheer his heart the while.
VI. With cautious steps and slow, the fiend drew near, Th' unconscious bird, who knew no cause of fear, Purus'd his soft mellifluous lay, Still fond to chase the topmost spray; Satanic joy his foe possess'd, His eye such horrid joy express'd, Too certain was its dreadful aim, Too soon to quench the vital flame; For see! alas! he falls—he faints—he dies! On the cold earth, a mangled corse he lies!
VII. Poor, luckless bird! thy death's severe, Wrings from her soul, the sympathetic tear, Who, long by tyrant man oppress'd, With thee would gladly link to rest: This boon denied, the breaches—to feel Wounds—deeper, than transfix'd by steel, And still repeated by the foe, Inflicting lasting, deadly woe— Thy milder fate, then why should she deplore, Who in the grave alone, shall sigh and weep more? AMELIA.
EXAMINATION.
TO-MORROW, at half after four o'clock in the afternoon, the young gentlemen now under my care will be examined in Geometry, Latin, Grammar and Rhetoric—Such of the parents or my pupils as may find it convenient, are respectfully invited to attend—the company of any gentleman, who may feel an inclination to be present at the examination, will also be very acceptable. J. OGILVIE. May 31.
FOR CHERBOURG.
The copper-bottom'd ship MARATHA, Capt. PERRIN, burthen about 650 bds. having two thirds her cargo, now engaged, is expected to sail about the 15th July, and will take 100 or 150 bds. tobacco on a moderate freight. For terms apply to JOHN NEWELL, Jr. Norfolk, or BROWN, RIVES & Co. Richmond. (ep4w) May 31.
JUST RECEIVED.
And for sale at the Book-store of JACOB JOHNSON, Richmond: A few copies of Gibbon's History of the Decline and Fall of the Roman Empire, a new and elegant American edition, 8 vols. 22 00 Robertson's Charles 5th, 3 vols. with plates, 7 50 Pleasures of Imagination, 75 Printing ink. Cash will be given for Clean Linen and Cotton Rags, at the above store. May 31. (34)
THE SUBSCRIBER
begs leave to inform his friends, and the public in general, that he has leased of Capt. Samuel Ellis, for a term of years, his white house at Rockets, nearly opposite Mrs. Sarah Lester's lower Wharfs; where he purposes carrying on the COMMISSION BUSINESS in its various branches. Merchants of this place, who are in the habit of making shipments, may frequently be furnished with good & substantial vessels to transport their commodities, by application to him. Those who may be pleased to employ him in this line of business, may rest themselves assured that every exertion in his power will be made, to render general satisfaction. He expects to be in the habit of receiving a very considerable quantity of Lumber small kinds, suitable to this market, particularly half and three quarters inch Shingles, one hundred thousand of the former he imagines will be up in the course of ten or fourteen days, which will be told on terms, not displeasing to the purchasers. Bacon, &c. will also be received by him. EDWARD PAULSON. May 31. (8 ep1m)
ALL persons having claims against the estate of the late Rev. Robert Ware, dec'd. of Middlesex county, are desired to bring them forward, properly authenticated, on or before the first day of September next, otherwise this advertisement will be plead in bar against all claims exhibited, after that date; as the subscriber is desirous to close his administration account as soon as possible. EDWARD WATTE, Adminr. with it a will annexed. Essex, May 31. (ep1m)

European Intelligence.
Further selections from late London papers, received at Boston.
LONDON, April 1-8.
SECRET EXPEDITION.—Several ships with troops for the expedition, failed on Sunday from Portsmouth for the Isle of Wight.
It is reported, but we believe without foundation, that the secret expedition will be despatched to the West-Indies, instead of its original destination.
The military preparations on the part of Russia, continue with increased activity, especially on the frontiers of Austria and Prussia.
It appears by accounts from Constantinople, that the Russians mean to establish themselves at Phare, several frigates having arrived there, and failed up the river.
It is reported at Paris, that General Brune has advised the occupation of the Dardanelles, and even of Constantinople, where, he says, the inhabitants are ripe for insurrection.
By the Hamburg mail which arrived on Friday, we learn that the Austro-Venetian territories, which by the treaty of Luneville were to be confined to the Addiga, are to be extended to the Adda, in return for some new concession made by Austria to France, not of territory, but of neutrality.
It is said that dispatches have been received from the north, of an unfavourable nature as far as they regard the co-operation of Russia.
Some late Paris papers contain a story of an attempt to surprise the garrison of Gibraltar, which was defeated by the vigilance of general Fox and the troops.
The difficulty of paying the French army in Hanover is so great, that Bernadotte has been obliged to issue the following order:—“All the farmers of domainal property, and their dependencies, shall be bound to pay in advance to the treasury of the chamber of finances the half of what they owe, annually at three equal periods.” Thus the farmers are considered as the creditors of the treasury; and every farmer, who does not pay at the time prescribed, shall lose his farm, and be responsible for the fams not carried to the treasury.
A great part of the army which was encamped on the coast from Dunkirk to Brest, amounting to 54,000 men, have received orders to march for the south of France.
It was lately reported at Brest and Paris, that the Brest fleet was destined for the Mediterranean, in order to gain a great maritime superiority, and then to attack the Russians at Corfu.
Accounts from Italy by a late Hamburg mail, confirm the report of a corps of 4000 Russians having sailed from Corfu, on board some British ships of war, on a secret expedition.
It is understood at understood at Vienna that the Austrian government is to receive some accession of territory on the frontiers, as a compensation or equivalent for the new power which Bonaparte is about to acquire in Italy.
The Courier de Londres asserts that Sebastiani, who lately went to Holland, was accompanied by 40 desperadoes, whose orders were to seize the king of Sweden who was then on his travels.
In the late great inundation of the Tiber, more than 100 persons lost their lives in the neighbourhood of Rome.
A few days ago about 200 of the flotilla came out of Boulogne harbour, and ranged themselves close under the batteries. In the evening, however, they retired.
On Tuesday the registers are to be opened in every city throughout the Batavian republic, for inserting the names of the voters in favour of or against the intended constitution. It is declared that all persons who may not wish to vote, are to be considered as having given their suffrages in favour of the new proposition.
A strange report was lately propagated at Vienna, it is said that a courier had passed thro' that city from the East-Indies, with intelligence that the governor general had declared himself independent.
Spanish Claims.—Government has officially notified to the mercantile interest, creditors of Spain, that the money found in such Spanish ships as were detained before the declaration of war, shall be applied to the liquidation of their demands. It is intended to appoint two commissioners, one by government, and the other by the claimants, to investigate and decide upon the justice of the demands.
A variety of decrees have been issued by the Consulta to the people of Italy, on the subject of their new government; all of which are replete with fulsome adulation on the genius and character of Bonaparte. One of these proclamations, after an explanation of the new measures about to be adopted, adds the following apostrophe:—“People of Italy, expand your hearts to hope and to exultation! War this moment commences the course of your brilliant destinies! To what glory and prosperity ought you not to aspire! Your King will soon be amongst you; he will go to ornament his august head with the crown, than to witness your wants, and to provide a definitive organization to secure your tranquility.”
NEW CONSTITUTION OF HOLLAND.
Hague, March 17.
The plan of constitution consists of 29 articles, divided into 87 articles, the first 9 of which contain general limitations; from article 10 to 14 inclusive, the territorial division of the republic is fixed, which, as hitherto, is to form eight departments, again divided into arrondissements or districts, which are settled by law, the exercise or surcharges to continue provisionally on the present footing. It also proposed that no ecclesiastics, of any persuasion, shall be eligible to offices of political government, and that the military shall only have a right to vote at the place of their established residence, and not where they may be in garrison.
Articles 15 to 27 inclusive, treat of the legislative body, the title of which is to be their high mightinesses, representing the Batavian commonwealth, the members of which are to adopt the title of high and mighty lords. The sovereignty of the Batavian people is to be represented by that assembly, with the power of making laws; it is to consist of 19 members, to be elected every three years, and to be nominated by the departmental governments, viziers, seven for Holland, one for Zealand, one for Utrecht, and two for each of the remaining provinces; their qualifications to be voters, of the age of thirty, born within the eight departments or colonies of the state, and before their appointment having resided six years in the department to which they are elected.
The departmental government nominates four persons, and transmits such nomination to the pensionary, who reduces the number to two, from which the former elects. The pensionary opens the assembly of their high mightinesses, when they proceed to the election of a president from their body; the assembly to be assisted by a recorder, elected from a nomination made by them of two persons, not of their body, to be transmitted to the pensionary. All decrees of said assembly to be signed by the president, and countersigned by the recorder. The members of that assembly to vote without being charged by, or consulted with, the departmental governments, to whom also, they are not responsible for their conduct in the assembly of their high mightinesses.
The members of the departmental governments, secretaries of state, members of the council of state, of the council of finances, and of the courts of justice, are not to sit in the said assembly till they have resigned the posts which they held on their nomination. Said assembly debates on no other subjects than those submitted to it by the pensionary; they are to consent to, or negative them, without making any change or modification; and the law proposed passing in the affirmative, intimation of it to be immediately given to the pensionary, he being charged with the promulgation and execution of it. If it be negative by the assembly, it also gives the pensionary notice of the resolution, and of the reasons for such rejection, when he may propose it once more, adding new motives, or making some alteration in it.
It is to that assembly exclusively confided to deliberate on the general estimates of the public necessities, and all augmentations thereof, to be laid before it by the pensionary. At its instance it grants after having received information from the national court of justice, pardon, abolition, or remission of punishment, inflicted by judicial sentences; and, not being assembled, it is qualified to suspend the execution of a sentence, but obliged to communicate the matter to the assembly, on its succeeding session. To that assembly exclusively belongs the right of ratifying treaties of peace, alliance, and commerce; but the secret articles attached to such treaty are not comprehended in that ratification, which articles, however, must not be repugnant to the public ones, and not tend to the cession of any territory of the Batavian commonwealth; nor can any declaration of war take place before a previous decree of their high mightinesses, passed on the proposition of the pensionary.
The assembly to meet twice a year, viz. from April 15 to the 1st of June, and from the 1st of December to the 15th of January, but it may be summoned to meet extraordinary, as often as the pensionary shall deem it advisable. One third of the members of that assembly goes out on the 1st of December, and the day of their withdrawing is fixed to the day of first assembling; which withdrawing, for the first time, shall occur on December 1, 1806. For indemnity, travelling expenses, and residence at the place of meeting, the members are to enjoy annually the sum of 3000 guilders. The members, whose time has expired, are again eligible; and on the termination of each session, the assembly is to be closed by the pensionary.
Articles 28 to 61 inclusive, fix every thing relating to the pensionary, and contain in substance as follows:
The pensionary, by virtue of the constitution, represents their high mightinesses in all that concerns the government, and exercises the executive power in their name. He is elected for five years by the majority of the 19 members of the assembly, and may at all times be re-elected. The commencement, however, of the first five years, is to take place from the period of the peace with England, computing from the first of January of such year. He may resign at pleasure, when, in such or other like cases, he is to be succeeded, ad interim, by the president of the assembly of their high mightinesses, whose duty it is to summon the members immediately, for the appointment of a successor.
The pensionary exercises, in no case, any legislative power; and is excluded from interfering with matters which are confided to the tribunals instituted by law; nor is he to dispose of the pecuniary means of the state, otherwise than in conformity to law. He appoints a council of state, of no less than five, and no more than nine, members, who must possess the same qualifications as the members composing the assembly of their high mightinesses; and whom he is obliged to consult, previous to laying a proposed law before their high mightinesses; he may personally support such law in the assembly, or cause it to be done by members of the council of state in his name. He appoints a general secretary, and five secretaries of state, for the department of foreign affairs, of the marine of war, of home affairs, and of the finances, the latter having under him three counsellors to assist him. He also appoints the diplomatic agents to foreign courts, all the officers of the army and of the navy, all functionaries of the state, and all the members of the tribunals appertaining to matters of general government, excepting those of the national court. The fleet and armies of the commonwealth are at his disposal; he confers military rank; the security and dignity of the state is to be maintained by him; the uninterrupted administration of justice; the maintenance and execution of the laws; he is charged with the supreme police throughout the whole republic, as well in civil as ecclesiastical matters; and appoints the magistrates of the place which is the seat of government.
The pensionary has the chief direction of the national treasury; he fixes the salaries of the public functionaries, and grants pensions according to the provisions made by law. He delivers annually a general estimate of the wants of the state to the assembly of their high mightinesses, who are to approve, or reject, but not to alter it. In this estimate is to be an item, for objects not susceptible of being specified, and of which the pensionary disposes for the service of the state, and to indemnify him for supporting his office with proper dignity, and the payment of the persons employed in his particular bureau; nothing else being required of him at the end of the year, than a declaration in his hand-writing, that the said sum has been expended exclusively for the necessities and the interest of the state, without having served to enrich himself or his family. The financial means continue as at present in each department; but it is recommended to the pensionary, as one of his first cares, to devise every possible means of augmenting the public revenues, to simplify every branch of administration, and to introduce every where the most rigid economy; to present new projects of laws, whether for the improvement of the present mode of taxation, or for the institution of a general system of finance, instead of the present departmental plan of taxation.
LONDON, April 8.
GRAND EXPEDITION.
The expedition had not failed yesterday from Portsmouth; the Dragon, one of the ships appointed to escort it, not having returned since she was ordered to join the channel fleet, upon the report of the Brest fleet having put to sea. The officers who command in the expedition, and of the fleet, are gen. Sir James Craig, K. B. commander in chief, Lieut. col. Danes, capt. Thornton and D'Arlymple, and Lieut. gen. James, Aides de-camp, Brigadier general Campbell, deputy adjutant general, Lieut. gen. Taylor, assistant adjutant general, Lieut. col. Burnaby, deputy quarter master general, Captains, Ryves and Tomlins, assistant quarter master generals. Capt. Hempburn, brigade major of the forces. Major general, Sir J. Stuart, Captains D. Sade and Buckle, aides de camp. Brigadier generals Tilsion, Hon. Cole, and Acland. Mr. A. Fernandez, deputy commissary general. Mr. Somerville, deputy inspector general of Hospitals. Mr. Hugo, purveyor general of Hospitals. Mr. Packard, deputy purveyor general.
His royal highness the Prince of Wales made a few observations in the house of lords, on Monday night, being the first time for fifteen years that he has had occasion to address their lordships. His royal highness expressed his sentiments with facility and dignity that leave us to regret that he does not oftener exhibit this constitutional privilege.
In the house of commons April 5, a member intimated that he should, if it was not deemed impolitic, move for the production of papers to show what measures had been taken for putting the West-India islands in a state of defence, and the period of admiral Cochrane's sailing in pursuit of the Rochfort squadron.
Mr. Francis, after a lengthy speech, proposed that the house should resolve, that any war commenced for the extension of the British dominions in India is repugnant to the interest and policy of Great Britain. The previous question was put and passed.
On the 6th of April, in the house of peers, lord Grenville gave notice, that on the 10th he should move for the commitment of the petition for the emancipation of the Catholics of Ireland.
A ministerial bill for reducing the militia, [to evidence of the fear of an invasion] for the purpose of augmenting the disposable force to be employed abroad, was read a second time on the 4th of April—yeas 102, nays 54.
A bill for the better encouragement of seamen, & the more effectually and speedily recruiting for the navy, was on the 4th of April passed to a second reading in the house of commons.
ITALY, March 15.
It is said that a marriage is proposed between the Queen of Etruria and Prince Beauharnais, and in this case the kingdom of Etruria may be united to a neighbouring country.
Capt. Ser. of the brig Eliza and Mary, arrived at Boston on Sunday last from Rotterdam, in 46 days passage. He is the bearer of no papers or verbal information which throw any fresh light on the subject of European politics; but merely observes, that from the general conversation of the merchants at that place, he understood, there was no prospect whatever of the speedy restoration of peace in Europe.
From Paris papers received at the office of the Baltimore American.
PARIS, March 16.
The extraordinary audience which the Emperor was to have given to the Vice-President and the members of the Consulta of the Italian Republic, took place yesterday with a magnificence worthy of its object. Its results are looked for with impatience, in the communication which his majesty is to make to day to the senate politicians have long agreed upon the necessity of giving a solid government to the Italian republic. It belongs only to the founder of that state, to complete this immortal work. The wishes which the Italian people must form, are unequivocal; they must aspire to such a state of things, as that their country may no longer be so unfortunate as to be the pretext of wars, and the field of battle of the neighbouring powers. All Europe has to wish for any establishment which may tend to consolidate union among the great powers; which may do away all motive of division, which, in short, may render war impossible. This advantage is more real for nations, than the addition of provinces.
March 20.
The creation of the kingdom of Italy will hold a high rank among the great events which recommended the century lately ended and the one just beginning, to the impartiality of history and the instruction of posterity. Not one of the states which composed civilized Europe during the seventeenth century, is in the rank which it then occupied. Some empires have increased, others have lost part of their military vigor and of their population; whole kingdoms have disappeared from off the political stage, others again have arisen to the highest pitch of influence and splendor by distant conquests and an extraordinary development of their maritime power; and after a century of convulsions and changes, Europe finds itself placed in a state perhaps more favourable to the security of its laws, than it was in even after the treaty of Westphalia. Never did a more noble or more fertile subject present itself to the pen of an able writer. The history of this age bears no manner of resemblance to the ages which have preceded it. Other interests, other performances, other motives and other means give it a particular character. The fate of Italy must occupy a corner of the picture. History will find in the speeches delivered upon this occasion by his majesty the Emperor, the vice-president of the Italian republic, and the ministers for foreign affairs of the French emperor, solid reasons and important revelations.
If, setting aside all prejudice and all personal animosities, men lay open the pages of history and weigh the interests of nations, they will be convinced that the creation of the kingdom of Italy, considered with regard to Italy, to France and Europe, in the real and permanent interest of the great family; that it is in the most happy development of a great tragedy, the end of which was generally dreaded.
One fine word might put the question to rest and answer all objections; to wit, that France might have kept Italy, and that Italy had a right to give itself a government. Since the invasion of the barbarous hordes, Italy has been without an atomment to pass under the dominion of those who conquered it. The Lombards, Charlemagne, the Othonas, Lewis XII, Francis I, Charles V, possessed it by turns; the house of Austria and Spain established foreign reigns in it; and the one of all its conquerors who had the greatest right must then alone be excepted! No, without doubt; victory might suffice him with no other right, and history would concur with it, as it has done with all the others. But this right, the most brilliant of the greatest Monarch, is the least of those which legitimate the accession of Napoleon. The will of the Italians, is that upon which which gets the highest value, and which in reality gives a peculiar lustre to his elevation. It is the will of an independent people exercising the right of choosing their sovereign in the very forms of their constitution. This will cannot possibly be looked upon as the effect of the violence of a faction or of a revolution in the state. It is the completion, the guarantee, and the organization of their independence. The term adopted, resolves the problem of Italy, considered as an independent power and as attached to the fortune of France. It has for its first king, him who gave it its political existence and who is best able to defend it. Gratitude and interest are here admirably blended; and as soon as the foreign powers choose, Italy will see its new constitution founded in an unshakable manner.
It matters little who the person be who shall be called upon after Napoleon to begin this Royal Dynasty! A monarch called to govern a people becomes their father; he has no longer any other family. It suffices for the happiness of the Italians, that they be independent; several states of Europe afford similar examples, and the people who flatter themselves the most upon their independence and prosperity, the English, enjoy it under the government of a foreign House, to which it is not indebted for so much as Italy owes to the race of Napoleon!
It would be superfluous to dwell upon the reasons which France has to alledge in her favour. More moderate than the other powers, she has retained of her conquests only what was essential to her safety; and in this sense it may be said, that all the nations of the Continent had the same interest as herself to see her keep military positions sufficiently resolvable to take from whatever power should fill with to attack her, even the very hope of re-commencing a war with success, and of replunging all Europe in the convulsions of official anarchy.
Superficial minds will wonder that such a resolution should be taken, when oscillations appear in the political thermometer, when the horizon seems to lower, when it would appear that the last shock must determine the explosion. These people are ignorant of the Empire which courage ever has over weakness, & which French loyalty has often obtained over the crafty policy of the English cabinet. It is advantageous for a monarch to force his enemy's, or
those who should be misled to become so, to explain themselves clearly, and to reduce to the most simple state, questions which they with designedly to complicate, the great event that occupies us is irrevocably judged. The energetic will of the Emperor of the French, has brought the question to a simple point of view. Europe will shortly know what is the real object of it, who are the true ambitious, and who are the enemies of its tranquility. The masks are pulled off; it is now necessary to act openly. It is a vast treaty of peace publicly negotiated in a basic word; it is a narrower and more decisive circle than that of Populina. France has infinitely better reasons for defending Italy, than England can advance for retaining Malta, or than Russia can show for governing the Seven Islands; and nevertheless the renunciation of the advantage of this protection as soon as Eng. & Russia shall be willing to execute the full tenor of the treaties, as soon as they shall no longer menace powers whose independence and integrity it is the interest and, no doubt, the will of France to preserve.
Argus.
NEW-YORK, May 20.
A commercial friend has favoured us with a file of Dublin papers to the 7th ult.—The following selections have been made from the latest dates.
The merchants at Madrid and Cadiz, on an application from the government, have at each place contributed one million of dollars towards the equipment of the navy. It was supposed that these and similar contributions would enable the Spaniards to fit out 25 ships of the line; but the country is almost destitute of seamen, upwards of 10,000 have gone into foreign service to avoid conscription.
Accounts received during the week, from various parts of the country, concur in stating, that vegetation generally never bore a more promising appearance. Scarcely any corn remains to be put in the ground, and the barleys are in most places sown. The plants spread well and are healthy.
The experiment lately instituted by general Money for ascertaining the success of the invention for mounting artillery upon wagons, was lately tried with a howitzer, from which shells were fired without any injury to the wagon. The recoil, however, was greater, the howitzer weighing 6 cwt. less than the six pounder. Thus it is demonstrably proved, that the heavier the piece, the less is the recoil. In the present invention the same carriage answers for either gun or howitzer. The experiment is to be repeated before the Duke of York on a grand scale at Woolwich in May next.
On Friday morning last was launched at Ringfield, the newly constructed boat, which has been built under the inspection and by the direction of the commissioners for conducting the inland navigation; this boat is constructed for the express purpose of removing Dublin bar; shortly after the launch it was conveyed to the Bar, where it was moored, and has since continued its operation with great effect; this machine is worked by the tide, which occasions four pieces of machinery, one from each side of the square boat, continually to cut through, and throw out great quantities of the sand, of which Dublin Bar is composed, so long and so fatally known to mariners acquainted with the harbour—in so short a space of time, the effect of this dredging boat cannot be altogether decided upon; its operation, however, augurs well, and so rapid is its movement, that one of the conducting irons has already been found too weak for the necessary assistance, although considered by the inventor fully adequate to any operation of the machine; should this invention succeed, the advantages to the port of Dublin will be incalculable.
The system of brigading the different regiments of yeomanry corps, throughout the kingdom, four days in each week when called out, has been discontinued by order of his excellency the lord lieutenant, for two months, for the purpose of enabling the agriculture of the country to be attended to with more effect; and instead of being thus brigaded four days in the week, each corps or regiment of yeomanry is to parade twice a week, which order is accompanied by a desire to interfere as little as possible with the hours of Divine Service on Sundays.
A letter from the Hague, of the 26th ult. says:—“French fashions and morals have found, of late, in Holland, and particularly in this place, many followers; gallantry is quite a la mode, to the great scandal of the old, grave and honest Dutchmen—in general, the French, in Holland, are much despised (the French ministers and a few general officers excepted.) No Frenchman has any admission in the first societies; neither will the middle or lower classes associate with them, if they can avoid it. Several young ladies, some of them of the first respectability, blinded by a handsome person, and French elegant manners, with much flattery, have eloped from their parents, and given their hands to these adventurers. It has happened more than once, that a former wife has arrived shortly after the marriage, from France, to claim the faithful spouse of our young country-woman.
The history of commerce can scarcely furnish so strong an instance of the uncertainty of mercantile speculation as the following:—At a sale at Ayr, on the 15th instant, of the debts due to the late Messrs. Douglas, Havens & Co. Ayr, 237,711. 12s. 10d. was exposed in lots. Two lots, amounting to 19,211. 17s. 4d. did not sell, and four lots, amounting to 74,479. 14s. 6d. were knocked down at forty-five guineas, being somewhat more than a shilling for a hundred pounds.
Extra of a letter from Whitehaven, March 26, 1805.
“On Saturday last, one of the largest coal pits ever sunk in England, was opened at this place. A discharge of cannon announced the first cargo from it which was put on board the Irish ship Lady Mount Stewart.
“The coal of this new pit, is of a most excellent quality, the stratum or seam is eleven feet thick, with a strong roof, and very free from water.
“The pit is fifteen feet in diameter with three divisions, and it is most admirably contrived, the same mechanism acting separately at the same moment, so as to draw up coals from two partitions, whilst it pumps the water from the third. The expedition with which this extensive work has been carried on, and the skill manifested in the execution of it, reflect the highest credit on the talents and zeal of the viewers, John Bateman, Esq., and Mr. Piell, his assistant; and it would be injustice not to acknowledge, that during the entire time in which these gentlemen were engaged in superintending the progress of the work, the miners conducted themselves in that orderly and proper manner, which obtained for them the thanks and liberal encouragement of their employer.
“From the thickness of the stratum of coal, and from the excellency of its roof, waggon roads of cast metal will of course be made under ground, for the conveyance of the coals by horse to the pit or shaft. Above ground a waggon road of this kind already is almost com-
pleted; in some places this road is raised 12 or 13 feet above the old surface, in order to keep on the level line of the North Wall or shipping place. To form an estimate of the great advantage arising from the conveying the coal on this description of metal way, (which from the thick crust of coals at the Whitehaven mines, can be effected under pit as well as above ground) it is only necessary to know that one horse can at a time draw with great ease two or three wagons, each containing 48 cwt. to the horse, from whence the coals are precipitated without further trouble into the holds of the shipping.
“Though the consumption from this pit alone is estimated at a thousand acres per week, (a quantity which is capable of being far exceeded) yet the field of coal is so extensive, that there is no doubt of its lasting for a number of years almost incalculable.
“This fine pit is called the William Pitt, after its illustrious proprietor, William V. Lowther, Lowther. It is most advantageously situated, not being more than 700 yards from the pier where the coals are shipped; indeed, it is within a stone's throw of the sea. That grand road of nature, which by far exceeds all the roads of modes of conveyance which have, or can be formed by the hand of man.”
VALUABLE PROPERTY.
The Subscribers desire to sell his interest in this place as soon as possible, is intended to offer for sale, the following valuable property, viz.
A CONVENTENT two story dwelling house, 94 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 included with a brick wall four 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 inquired of the Mutual Insurance company, against fire in the Rate of Virginia, and the premiums paid.
Eleven unimproved half acre Lots, on Sheppard Hill, 600 acres Military land in Kanawha county, on the waters of Oldtown creek, a branch of Old river, being a grant made to George Minto, Adam Stevens, Andrew Lewis and others, in the year 1772.
25 Lots of Land in Montgomery county, containing 52,172 acres, the whole patented in my name, viz.
4000 acres surveyed 2d April, 1786 in Montgomery county, on Cole river.
8000 acres surveyed 24th July, 1786 in same county, on 16 mile creek, adjoining the late General Washington's survey on Kanawha river.
3 621 acres surveyed 22d 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 3d 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 24 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.
93 acres surveyed 16th 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 14th 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.
135 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 Joe's 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, near Joe's ridge.
330 acres surveyed 3d Feb. 1787 in same county, on the head waters of Cooper's creek.
3228 acres surveyed 20th Feb. 1787 in same county, on the south 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 12 June, 1776 in Monongalia county, adjoining Matthew Richey's land, and the Pandolph county line, on waters of Cheat river.