The enquirer (Richmond, Va.), 1804-12-22 00:00:00

not pretend to understand the forms of proceeding in this body. The short time he had had the honor of a seat on this floor forbade his aspiring to that knowledge; but in all the legislative bodies with which he was acquainted, it is not deemed parliamentary to argue against the first section of a bill that the last section is imperfect or incorrect. When a bill is to be considered by sections, the merits or demerits of each is to be considered by itself. Now the first section does not fix the time at which the law shall expire or the office shall cease; and although the constitution says that judges shall hold their offices during good behaviour, who is there here that can say that this office may not last during the life of the judge, nay, may not last to the end of time, for no man can say when the war will end. But admitting it to be in order to refer to the 9th section while discussing the first, he would ask how did that infringe the constitution? The power to abolish the office is fixed somewhere, and when once abolished, and the officer left with nothing to do; will it be yet contended that he shall still be entitled to receive his salary? Does the constitution prohibit Congress from making a judge a justice, or a commissioner, call him what you please, on an extraordinary emergency, and insist upon his holding such office during good behaviour? He had always construed differently. The idea of a tenure during good behaviour in the office of a judge was borrowed from England, and there it was considered as a great point gained over the crown, by which they were appointed, and upon which they had heretofore been wholly dependant. But was it ever contended that the British parliament, including king, lords, and commons, were incompetent to dismiss them from their seats; it never was so contended, nor it never can be so contended with success; and though here the President has not the power to remove inferior judges, yet the legislature may remove them by an expression of their sovereign will; but perhaps these remarks are unnecessary and need not be dwelt upon. He would vote against striking out the clause.
The question was taken on striking out the first section, and lost without a division.
Mr. Lucas moved to strike out the 9th section, and assigned for reason that Congress ought not to attempt to do that indirectly which would not be done directly. The fundamental principle of the constitution was the separation of the powers of the government. The judge therefore ought to be independent of the executive for the tenure of this office; by this section he is rendered altogether dependent upon the will of the President. There is no limitation as to the time or to the power which the executive may exercise over the judge. He may not hold his office even during the present war, for during the present war it is only made lawful for the President to appoint such an officer, and by this section it is also made lawful for him to abolish the same when in his opinion it shall be proper to do so. It may be said that the judge cannot be removed, unless the court is suppressed; this is but an evasion, for the President has not the power of actually removing him, yet he can virtually do so, and the effect upon the judge is exactly the same. This power is unconstitutional in itself, and dangerous as a precedent. He hoped it would not be granted—nor did he see any necessity for it on the ground of expediency, even supposing Congress had a right to vest the power in the President. It is well known that Congress are enjoined by the constitution to meet annually, and if the usefulness of the judge should cease on the cessation of the war, the inconveniences which may ensue, or the expense which might accrue, would be short and inconsiderable; for Congress will meet in 9 months after the close of the present session. It will be therefore better to leave it to Congress to abolish this court when they see cause for it, than transfer the power into other hands.
Mr. Rodney had no great objection to striking out the clause, because he thought the bill adequate to its object without it. The eighth section he observed, established a principle that had heretofore been considered of considerable importance, viz. that a judge shall not receive a salary beyond the time he continues in the exercise of the duties of his office. The committee had supposed it possible that a speedy end might be put to this war, and thereupon concurred it unnecessary to charge the treasury with the payment of the judges and other compensation beyond the term of service. He was himself much averse to vesting in the President any unusual or extraordinary power; but he thought a proclamation by the President was a official proceeding proper to attract the attention of the executive authority of foreign nations to its subject matter. He was the proper organ to express the will of the law and to give information to those interested. Although, in all human probability, the war will not continue long, he had no objection to the clause being struck out.
Mr. Smith said, if it had not been in the bill, the bill would have been well enough without it; but as it was in, he was not inclined, through an unfounded jealousy, to strike it out. He would ask gentlemen to point out any probable ground for jealousy of the President in exercise of this power; for he took it for granted, that the constitution furnished no obstacle. Its injunctions in regard to judges holding their offices during good behaviour, extended to the courts of the United States, within the limits of the several states represented on this floor. Now the law itself cannot affect the person or property of any citizen within the United States, and as its usefulness may suddenly cease after the close of the session, he did not see why we should subject ourselves to a single dollar's expense, which might be prevented by the immediate publication of the President's proclamation.
Mr. Lucas was not governed by jealousy of the executive in making his motion. The present executive possessed his entire confidence, but when we are legislating, we do not legislate on the confidence we have in the executive, but on those circumstances which are most likely to procure happiness to our fellow citizens, and secure their liberties on the basis they have themselves established them; and my colleague will recollect that the executive will not always be filled by the same person, and that a change of men may produce a change of measures, if the man is not up to the standard of legislation; but if we legislate upon principles the principles will remain after the persons who propound them are forgotten. He did not consider the inference made by his colleague (Mr. Smith) correct, for he did believe the officers and seamen employed in the marine of the United States were particularly interested, and that they were citizens of the United States. He observed, upon the remark made by Mr. Rodney, that foreign nations would be more likely to take notice of the President's proclamation than of a law—He did not see that the President would be prevented from issuing his proclamation in the event of peace, if the abolition of the court depended upon Congress.
Mr. G. Griswold expressed a jealousy for the preservation of the constitution, and concerning the proposed regulation in equity with one of its most important sections, he hoped it would be struck out as he, for one, would never give his consent that a
judge, under the constitution of the United States, should hold the tenure of his office by presidential will.
Mr. Smith differed with gentlemen who thought the section a violation of the constitution. The law itself grew out of the exigency of the war with the Barbary powers, and it is expressed itself; therefore carries its own remedy with it; during the existence of the war and so long as any nation at war with the same power shall consent or permit the United States to establish a judge of admiralty within its territory, so long shall the office remain, but no provision is made for its remaining any longer. Nor can the judge complain of the abolition of his office, or consequent loss of salary, because he consents to receive it upon the terms of the law. He considered the section a proper one, though not absolutely necessary. If peace takes place the President will be the first person to know it, and his proclamation of the cessation of the war will render it of greater notoriety than any law can possibly render it. One more observation, and he had done. It may be suggested in favor of a determinate abolition of the court, that the judge may become arbitrary, and the court prove injurious, in which case the sooner it was abolished the less would be its evil.
Mr. Dana thought the section very objectionable. It is true it does not say that the judge shall hold his office during the pleasure of the President and no longer, in those precise terms, but it says what is tantamount, that when in the opinion of the President it shall be proper to do so, it shall and may be lawful for him by proclamation to abolish the said court. This is not the precise form of expressing the pleasure of the crown; the President must manifest his pleasure by proclamation; the crown might manifest its pleasure privately before the act of settlement; but the power of the judges in both cases is held by the loose and insecure tenure of will and pleasure. Gentlemen cannot let a good distinction between judges of courts of admiralty acting within or without the boundaries of the United States, and if you once decide that the President shall have power to dismiss one of your judges, nothing can prevent you from giving him power to dismiss them all. The principle once established goes through. For his part he for one was decidedly against granting such power. The question ought not to be considered for a moment on the light ground of being a good or a bad bargain for the judge; but on the broad and solid ground of preserving what remains of the due administration of justice.
Mr. Rodney would not have risen again but in consequence of Mr. Dana's remarks and refined distinctions where there was no difference. The bill provides that the judge shall receive his salary as long as he has jurisdiction, and that jurisdiction is limited by the duration of the war. This itself is a limitation of the office. The President has no power over the individual person of the judge; he cannot turn out A and put in B. So the tenure is not precarious; it is fixed and depends upon the abolition of the jurisdiction; and this principle is strictly conformable to what was formerly decided to the general satisfaction of a great majority of the people.
The observation of the gentleman from Connecticut (Mr. R. Griswold) respecting a distinction between judges within the limits of the United States and within the territory of Louisiana concluded nothing; for he will find the judges of that territory exercising all their functions under the constitution and laws of Congress, and he believed there was a time when the gentleman thought differently on the subject before the committee. He referred to the Yeas and Nays called on passing a bill limiting the duration of office in respect to the judges or justices of the territory of Columbia, by which they are continued in office for the term of five years only, while the constitution declared as it does now, that judges of the supreme and inferior courts shall hold their offices during good behaviour. He hoped the gentleman would abandon the idea of the officer continuing to receive a salary after the office was abolished.
Mr. Dana had no idea of an officer totally destitute of office, receiving a salary, but until he was divested of all judicial authority he ought to be independent, and salary was but a mere contingency.
Mr. J. Randolph said that the first section established the court during the continuance of the Mediterranean war—and the ninth gave a power to the President to abrogate it at his discretion. He thought the section, to say the best of it, superfluous. So soon as we, or the nation within whose limits this court shall be erected, shall have made peace with Tripoli, its jurisdiction would terminate by the provisions of the bill itself. It might indeed be expedient to prolong the existence of the court beyond the term contemplated by the bill, but no circumstances could arise which would render it necessary to shorten it.
Mr. Eustis thought the judge ought to hold the office, during good behaviour, and yet this section makes him dependent on the executive, Congress could not vest the executive with any power which they had no right to exercise themselves; yet this section proposed to do so. And on this precedent occasion may hereafter be taken to frustrate and contravene the constitution in its most important regulations.
Mr. Jackson meant only to make a single observation, with a view of rescuing the section from the inconsistency charged upon it by Mr. Eustis. The first section was not at variance with the last, the first declared the duration of the office to be during the war; the last that the President may by proclamation abolish the court. There might be something formed as a substitute to designate the precise duration of the court, as from the mode of expression used in both sections it seemed not sufficiently definite.
Mr. Gregg would vote for striking out unless his colleague (Mr. Lucas) would modify his motion, for he would never vote to vest the President with the power intended to be given by the 9th section, yet he thought that a modification of the clause would cure the defect without striking out; if the time was precisely defined for which the court should continue the President might notify the expiration of the office, by proclamation.
Mr. R. Griswold. The gentlemen who advocate this measure appear to differ in this construction: some entertain an opinion that the first section does not limit the tenure of the office of the judge; other gentlemen think the office limited by that section to the duration of the war. He thought the first section explicit that the President should appoint a judge of the admiralty during the existence of the war, and in conformity to this idea the second section was passed. The said judge shall exercise the admiralty jurisdiction for trying captures in the said war; these last words show expressly the limitation of the law. The true and fair meaning of which is, that the judge shall hold his office during the war and no longer. The 9th section gives the power to the president of shortening this period, and it was this power he believed the constitution never meant should be exercised by the executive—As to the observation about the judges or justices of this district, it did not bear on the present question, the constitution providing only for the tenure of offices held by the judges of the supreme and inferior courts of the United States, and not for justices of peace; beside, in the district of Columbia, the constitution gave them the power of exclusive jurisdiction.
Mr. J. Clay would vote for striking out with a view to add a new section in its stead. On the question to strike out the ninth section, the House agreed thereto without a division, and Mr. J. Clay moved a new section declaring that the existence of the court should terminate with the war, and that the President should make proclamation of that event.
This section was agreed to, 51 being in favor of it, and 45 against it.
No other amendments being made, the committee rose and reported, and the bill took the course mentioned in the minutes of proceedings in Congress.
NOTICE IS HEREBY GIVEN TO THE DEBTORS OF ROSS & FORD, THAT in compliance with my duty as assignee, I shall commence suits indiscriminately against all those who do not come forward and give assurances when payment may be expected. MEIL M'COULL.
December 22—(10)
Foreign Intelligence.
BOSTON, DECEMBER 11.
FROM EUROPE.
Captain Howland, who arrived at this port on Sunday last from Dublin, brought the papers of that city to the 9th of October, containing London news to the 4th, seven days later than before received. We have extracted the most material articles which will be found under the foreign head.
FRENCH CORONATION.
Nothing, according to the minor Paris Journals, has ever equalled the preparations for the approaching coronation. The event is represented as affording the means of independence to every industrious inhabitant of the French capital. It is asserted that upwards of 3,000,000 foreigners will be present on that occasion, of whom 200,000 are foreigners. Apartments, it is added, have already been engaged, for two millions of visitors, amongst whom are reported to be two kings, and ten inferior sovereign princes. The millinery and jewellers are incessantly occupied. One of the former, Madame Le Moine, who always kept in employ fifty apprentices and assistants, has engaged eighty additional females from the provincial towns, and has hired three large houses, which she has filled with the productions of her art. A Jeweller on the Quay d'Orfevre, has mortgaged all his landed property to purchase diamonds to the amount of 1,200,000 livres (50,000l.) and twelve hundred new carriages have been finished by the coach makers on the Boulevards alone, while double that number have been ordered from Simons of Brussels. There have been 2800 petitions presented to the prefect of the police, for leave to open new coffee-houses, and 18 new theatres have already been licensed for the time of the carnival. Out of several hundred petitions to open gaming houses, forty-four have been granted; and Ladies of a certain description have been allowed to receive reinforcements of several thousands from the country!
From Dublin papers to Oct. 9, received by Capt. Howland from that place.
PARIS, September 21.
The minister of police has written a long letter to all the bishops of the French empire, reproaching many of them for the attachment they betray for the Bourbons. He tells them the affairs of state belong to the nation, and have nothing to do with the church.
The harvest in the department of Mont Blanc has been entirely ruined by cold weather. There has been snow three times in ten days. Many houses have been destroyed by the freshets. Several thousand cattle and above two hundred people have perished; and since the water has lowered, the stench of the carcasses has attracted scores of wolves, who devour the dead and attack the living.
The last stage from Paris, with 8 inside and 10 outside passengers, drawn by 8 horses, was attacked by fifty wolves. They killed two horses and one passenger, but were driven off by a body of soldiers, who destroyed 16 of them.
LUXEMBURG, September 15.
This day 47 peasants' houses in the south mountains were consumed by fire, and a great number of persons, cattle, &c. perished.
LONDON, September 30.
The ensuing month will add upwards of 90 sail of the line to our effective force, together with a proportionate number of small vessels. Sixty of the latter description were commissioned during the last month, making our marine in commission, on Friday, as follows:—103 sail of the line, 24 50's, 155 frigates, 398 sloops, &c.—in all 660.
October 3.
A packet has failed for Spain, carrying a king's messenger, with dispatches for our charge d'affaires at Madrid, instructing him what explanations to insist on. If the answer is not satisfactory war will follow.—But will Spain be so mad as to go to war, when afflicted with internal difficulties, pestilence and famine?
The Spanish Ambassador grants certificates of protection to British vessels loaded with fish or grain for Spain; and British passports have been granted to Spanish vessels.
The Spanish passports for vessels with corn will be of little consequence, as the prices are above the sums which prohibit exportation. There was a large importation of wheat last week.—Some of the American cottons have fallen a little in price.
The disturbance lately mentioned to have broken out near Bilbao, is represented as having been attended with very serious consequences. The insurgents beat off the king's troops, after killing several of the officers. The killed and wounded of the rebels is stated at 1100. Upwards of 9500 insurgents were under arms.—We have not learned whether order is restored.
It is reported the communication between Holland and England is to be stopped. The last bag of letters to Rotterdam, was seized and conveyed to the French general. It was probably expected some plot would be discovered.
The apprehensions of war with Spain, and the suspension of intercourse with Holland, have depressed our minds. The French funds have also fallen lately.
October 4.
The French papers say, that great coolness subsists between the Austrian government and the British and Russian ministers at the court of Vienna. They even add that the Russian minister has had a warm altercation with one of the German cabinet.
The emperor of Austria, it is now said, is to have the banks of the Inn. The principality of Wirtzburg is to be exchanged against the possessions of the Teutonic Order; and some of the Imperial cities are to be disfranchised, and their privileges transferred to the Hanse Towns.
It is rumored that the court of St. James declined to acknowledge the new title of the emperor of Germany, till it had learnt the decision of Russia; that Russia has returned an unsatisfactory answer; and that in consequence the Austrian ambassadors in London and Petersburg are to be superceded by charges des affaires.
We understand that all the Swedish subjects in France have been detained, in consequence of the state of affairs between their nation and France.
The king of Sweden is said to have made propositions to our government to enter into an offensive and defensive alliance, promising to augment his army with 20 new regiments.
A private letter from Paris says, gen. Augereau has lately been in that capital with O'Connor and Martin, noted Irish revolutionists, and after many conferences with the war minister, has departed for Breft. It was conjectured he had received his final instructions, and was to proceed in Gautheraume's fleet on a secret expedition.
Dutch papers mention that Malta is to be given to Russia.
In the new French National Almanack, for
1805, the year is called the 15th of the Republic and 1st of the Empire.
NORFOLK, December 18.
Our late French papers say, "They write from Spain, that the ex-General MOREAU, instead of proceeding to America, retires, with the consent of the French Government and the Court of Spain to the island of Minorca."
Several of our late French papers have the following various editions.
"The American Gazettes often make mention of the WIFE of Jerome Bonaparte.—It is possible that M. Jerome Bonaparte, not yet 20 years old, has a MISTRESS—but it is not probable he has a WIFE, since the laws of France are such, that a minor of 20, or even of 25 years, cannot marry without the consent of his parents or guardians, and without having passed in France the formalities prescribed by law. M. Jerome Bonaparte was born in December, 1784, and it is already a year since the American papers announced his MARRIAGE!!"
TRANSLATED FOR THE NORFOLK HERALD.
From French papers, received by Captain Wm. CORRAIN from Bordeaux.
EMPIRE OF FRANCE.
PARIS, 28th Vendemaire.
Thursday the 19th inst. at half past 2, P. M. her Imperial Highness Madame Princesse Louise, was happily delivered of a Prince. In conformity with the 40th article of the Constitution of the Empire, his Serene Highness the Lord Arch Chancellor of the Empire was present at the birth!!—A dispatch was immediately sent to the Emperor with the news.
Admiral Bruix by a letter of the 18th, informs the Minister of Marine of the arrival of 60 vessels of the Havre flotilla at Boulogne, under the command of Captain Montcavril. This division of the fleet forced its way through the English cruisers. A squadron composed of several frigates and sloops of war, made an attack on the rear. The gun boats faced the enemy and a smart engagement ensued. The enemy's frigates in quitting the action took in tow one of the sloops of war that appeared to have suffered severely. All the inhabitants of Fecamp were witnesses of the engagement. One of the gun boats acquired distinguished honor, and was an object of lively acclamation to the spectators. Off D'Ailli near Dieppe, Capt. Montcavril sustained a second contest, which lasted two hours, and which was not less honorable to him.—The English were obliged to shear off, whilst the gun boats pursued to a certain distance.
BOULOGNE, 11th Vendemaire.
BRUIX, Counsellor of State! Inspector General of the Corps of the Ocean! Chief of the 13th Column of the Legion of Honor! and Admiral of the Imperial fleet! to his Imperial Majesty.
Sir, I have the honor to inform your Majesty that the enemy, this night, made an attempt, with a number of fire ships, to destroy the vessels that compose our line of defence, but failed in their endeavors.
For two or three days past they were considerably increasing their force on this station. Yesterday it consisted of 59 sail, 25 of which were either brigs of small appearance or cutters, which led me to suppose they might be fire ships, and that we should shortly be attacked by them. I was confirmed in this opinion when in the course of the day I saw one ship of the line, three frigates, two brigs and several cutters take post in the S. E. a league and a half to windward of the last vessel of our line on the left. Circumstances were extremely favorable for an enterprise of this kind, a strong breeze at S. E. S. combined with the rapidity of our tide at full moon, facilitated the direction of the fire ships in driving them among us. I made accordingly the necessary dispositions—I ordered boats to be advanced on the right, centre and left of our line, and sent orders to Vice Admiral Lacrosse to have a number of barges well armed, to act in concert in towing the fire ships away.
The attack began at half past ten—I was made sensible of the approach of the enemy by a brisk fire of musketry between our guard boats and their pinnaces. The enemy detached their fire ships along the whole front of our line, which were towed by the boats to a certain distance, and when the boats quitted them, the wind and tide drove them full on us; as they approached, our vessels opened a passage for them, and they almost all exploded far within the line near the shore. Eleven blew up from 10 to 4 o'clock, in the space comprised between the forts Heurt and Wimeroux; two others, whose matches were extinguished, were taken near the left. The cannonade was very brisk, and many of the enemy's crews were sent to the bottom. We have lost but one gun boat, No. 967, the Captain of which seeing a fire ship with a sail boat a head instantly ordered his men to board—they did so, but found no one in the boat, and as soon as they touched the fire ship it blew up; and the vessel was destroyed by the effect of the explosion—only 27 were saved in the English sail boat—we lost one officer, 13 soldiers and 7 sailors, and there were only 6 or 7 more wounded among the whole of the rest of the line. I have no certain idea of what the enemy suffered, but exclusive of the several boats that were sunk, the disorder observed by our guard boats among the boats that towed the fire ships, leads me to suppose their loss in men must have been very considerable—for the cannonade and musketry continued the whole night; we were engaged without ceasing along the different points of the line, and the fire was so well directed that the boats ordered to conduct the ships were obliged to abandon them in disorder.
I owe much praise to the conduct of General Lacrosse, and the commanders of the different vessels displayed generally much coolness and conduct—I cannot sufficiently extol the spirit and courage of the soldiers and sailors—they fought not only with eagerness, but joy—it was a kind of play to them; and every time a fire-ship exploded, the shore rang with long live the Emperor!—At day-break our line was formed with the utmost regularity.—The enemy employed three different kinds of fire-ships—the first were sloops or cutters; the second was a kind of chest, two feet long and three wide, without masts, and of so small an elevation above water that it was very difficult to discover it in the night; the third was a kind of barrel filled with combustibles, carried vertically by a machine, and which caught fire and blew up the moment it encountered a resisting body—they were all filled with various sorts of fire-works, and threw vast quantities of hollow wooden balls filled with an inflammable composition, which took fire by means of a fuse like that of a bomb. But it appears their effect was not well calculated, as they did not do the least injury. This morning the enemy reassembled in force in the S. E. at ten o'clock the wind blew strong with bad weather at E. S. E. at two o'clock they all made sail, and appeared to steer back for England.
Design, Sir, to accept the homage of my profound respect, and the inviolable attachment with which I have the honour to be
Your Majesty's Faithful servant, E. BRUIX.
ADDITIONAL.
The English squadron was commanded by Admiral Keith, and consisted of six ships of the line, six frigates, sixteen sloops of war, ten brigs, twelve cutters, and two luggers. The fire-ship that exploded near the Imperial battery was much larger than the others, and produced such a shock that it was felt at Boulogne and for a league in the country.
Drumma.
IN ALL ITS VARIETY, EXECUTED AT THE OFFICE OF THE ENQUIRER.
BILLS OF LADING, SHERIFFS, BLANKS, BLANK BONDS, &c. &c. FOR SALE AT THIS OFFICE.
Domestic Intelligence.
Extract of a Letter from an intelligent friend in Danvers, to the Editors of the Boston Gazette.
"Since the arrival of Governor Benjoni, and the Collector, (a Mr. Forbes) they seem determined to fleece the Americans as much as possible: the former lays on a duty of five per cent. on the invoice of the vessel's cargo; the Collector, when the captain goes to the custom-house to enter, marks off for exportation, Beef, Pork, Candles, Tobacco, Soap, &c.—allowing only to be entered, Lumber, Fish, Flour, Rice, Bread, Live Stock and Tar:—however, by way of favor, he will, after a few days deliberation, (and persuading the captain all the while, that he runs a great risque in granting such privilege to the Americans) give a permit, for which, 20, 30, and sometimes more, fees are paid, which does away this mighty risk; the Harbour Master comes next; he takes the captain in for a Joe, over and above his fees, and if the captain wishes to unload his vessel where the English shipping lay, he must pay this Harbour Master 2 more, and the Gunner of the fort double his fees—This alteration in the char—having taken place within two months, it is a great pity that the American government does not appoint some Commercial Agent here, to check the many abuses which the Americans labour under, in their commercial concerns. Appointing a Consul has been tried, and this government never would recognize one, when they would an agent. The person appointed ought to be some American residing in this colony, and well acquainted with the laws."
DUTY OUTWARD.
On Rum, 5 per cent. | On Sugar, 6 per cent. Coffee, 6 p. ct. | Molasses, 5 p. ct. Charges on a vessel of 150 ton—Duties of 5 & 6 p. ct
Guilers.
 Tonnage, f. 3 the last of 2 ton, f. 225  Half Pilotage and Flag money, 80  Secretary's Office, say poor money, 19  Bonds given at do. 12  Governor's Secretary, 91  Harbour Master, 36  Custum House, 410  Naval Officer, 44  Clerk of the Custom House, 66  Gunner of the Port, 24  Fiscal Office, 12  f. 940 
Invoice amount to 6000 dls. f. 800 at 5 per cent. f. 900 Takes away, say 1000 guilers, 333 6 8 One third Rum, at 5 per cent. 799 18 One third Sugar, } at 6 per cent. } One third Coffee, } Sundry charges brought forward, 940 Extra permit to land what the virtuous Custom House deems inadmissible, average 550 3235 4 8
Equal to £. 293 12s. 8d. sterling. Danvers, Oct. 26, 1804.
NEW-YORK, December 14.
At a meeting of the chamber of commerce yesterday, at the Tontine Coffee-House, John Murray, John P. Munford and William W. Woolsey, esqrs. were appointed a committee to draft a memorial to congress, relative to the arming of merchant vessels. The object of this memorial, we understand is, that such a law may not be passed, as it is considered destructive to the commercial interests of this country.
December 15.
Last evening arrived here in 7 days from Halifax, the British frigate Cambrian, captain Bradley, and anchored in the North River, off Port-Jay. We understand she is shortly to proceed to Hampton Roads, to relieve the frigate Revolutionaire.
Captain Skene of the British ship Leander of 50 guns, late one of the blockading squadron off this port, having obtained permission of the lords commissioners of the admiralty to return home, is to be succeeded in the command of that vessel by captain Collier. The Leander bears the flag of admiral Sir Andrew Mitchell, on the Halifax station.
Lord Nelson has been some time, according to London accounts, in a declining state of health, and there are now apprehensions of his total loss of light.
The two French frigates Cybelle and Didon were spoken on the 9th inst. by captain Lovell, of the schr. Louisiana, arrived at Boston from Cadiz, in lat. 39, long. 47, at that time out 7 days from this port, all well.
The London Star says—Captain Collier is appointed to the command of the Leander, of 50 guns, at Halifax, bearing the flag of Sir A. Mitchell.
Benjamin Austin, junr. of Massachusetts, has been nominated by the President to be commissioner of loans, in Massachusetts, vice Thompson J. Skinner, appointed marshal.
A gentleman, who has lately arrived here from Leghorn, informs us, that the action of destroying the frigate Philadelphia, in the harbor of Tripoli, was considered in all the ports of the Mediterranean, as a coup d'éclat, surpassing in the boldness of the attempt, and the successful execution of the enterprise, almost any naval transaction, that has occurred for many years. Boston Gen.
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The crew of the Speedy is said, consisted of five men, (three of whom have left large families) exclusive of Capt. Paxton, who had also a very large family. The total number of souls on board the Speedy is computed to be about twenty.
A more distressing and melancholy event has not occurred to this place for many years—nor does it often happen that such a number of persons of respectability are collected in the same vessel. Not less than nine widows and we know not how many children, have to lament the loss of their husbands and fathers, who alas! have in the course of a few minutes, met with a watery grave!
PHILADELPHIA, Dec. 13.
The memorial, addressed by the Philadelphia chamber of commerce to the Legislature of the United States, will be read with interest by every man of American feeling, whatever may be his profession, or his politics. The subject of this memorial involves not only the property of our Merchants, and the lives of our seafaring citizens, but it deeply affects the rights of the nation.
MEMORIAL.
TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES. The Philadelphia chamber of commerce, RESPECTFULLY REPRESENT
That the bill to regulate the clearance of Merchant vessels now before the House of Representatives if passed into a law, will be very injurious to the Merchants of the United States as well as to its general commerce.
By this bill it is provided that "no Merchant vessel armed, or provided with the means of being armed at sea, shall receive a clearance or be permitted to leave the Port where she may be so armed or provided." This clause excludes from arming not only all vessels employed to and from the West Indies, but also those trading to the South Pacific, North West Coast, and along the West Coast of Africa, where armament are as usual and necessary as in any other trade in which we are engaged. By another clause, armed Merchant vessels of the United States are prohibited from going to the West Indies from any other country, under the penalty of forfeiture of the vessel and her equipment.
On these clauses your memorialists beg leave to remark, that the number of vessels cruising in the West Indies, having or pretending to have French commissions, and which capture or plunder unarmed Americans without regard to their destination, renders it absolutely necessary either to give public protection to that part of our commerce, or to suffer our Merchants to do it with their own hands to be able to defend their depredations. And that the trade along the West Coast of Africa, in the Pacific Ocean and on the north west Coast of America, cannot be carried on with any degree of safety without some armament.
The prohibiting of vessels armed in the United States from going to the West Indies from any other country, will, as your memorialists believe, deprive the merchants of the United States of some very valuable branches of commerce which they at present enjoy. Voyages from the Mediterranean to the West Indies are frequent and valuable, and vessels from India often find there a market for a part of their cargoes; all of which are interdicted by the bill in its present form.
By the same section it is provided, That if any vessel, clearing out for a port in the Mediterranean or beyond the Cape of Good Hope, shall make or commit any depredation, outrage, unlawful assault or violence, such vessel, with her arms, tackle, and furniture, or the value thereof shall be forfeited to the use of the United States. This penalty your memorialists consider as unnecessary and severe, inasmuch as no instance of the misconduct of vessels thus trading has hitherto occurred to render it necessary, and as it leaves the property of the innocent owner subject to the indiscrimination or misconduct of a commander or his crew, while the nature of the trespass by which the penalty may be incurred is entirely undefined.
By the third section power is given to the Collectors to detain vessels on suspicion until the opinion of the President shall be obtained. To this part of the bill your memorialists have objections that appear to them weighty.
By the Bill, vessels intended for certain trades are permitted to arm, and if afterwards they proceeded to the West Indies, a penalty incurred. It appears therefore superfluous, to leave it in the power of a collector to detain such vessel upon furnish or suspicion; and it vests him with a discretion which may be exercised to the oppression of the Merchants, to whom no remedy is pointed out, by which an abuse of such power can be corrected.
Your memorialists, having thus briefly stated their objections to the bill in its present form, beg leave to add some observations which they submit with deference to the consideration of the Legislature.
Since the establishment of the present government, and particularly during the wars which have taken place between the nations of Europe, the commerce of the United States, has at various times been subjected to depredations of the armed vessels of those nations, and the losses which have been sustained, though compensated in part, are yet great, beyond all computation. Without intending to censure the government for the want of a protection which so extensive a commerce as that of the United States appears to call for, it is proper to remark, that the necessity of the case and the peculiar state of things at this time, require on our part precautions which in common cases would not be deemed necessary. On the evacuation of the French part of the Island of St. Domingo, a great number of small vessels were equipped as privateers from the Spanish part of that Island, and from Cuba, by which our ships have been continually harassed and even captured although employed in their ordinary and lawful commerce; and the most wanton abuse of power is now daily exercised, on the persons and property of our fellow citizens, by a lawless banditti who are not under the control of the government whose functions they claim. If to American vessels is denied the means of defending themselves it cannot be doubted but the number of those Marauders, will be multiplied to the further annoyance of our commerce, and a very alarming change in our relations with the indigenous inhabitants of St. Domingo, may be the consequence. Without armament, their ports will be inaccessible to the Americans, which will impose on them the necessity of supplying themselves by means of armed boats and vessels. They will make prize of all unarmed vessels and thus become the Algerines of the Western Hemisphere.
How far proposed restriction may be of real utility to the mother country is very doubtful, it is however certain, that the present inability to support a proper authority over this important colony, may eventually produce an order of things in which from our vicinity we shall be more interested than any other nation.
If however the peace or general interest of the United States, shall be found to require some restriction on the armament of merchant
vessels, the merchants are willing to submit thereto, and only hope, that the objects of the bill may be clearly defined; that such restrictions shall not extend beyond the necessity of the case; and that its usual penalties, together with the discretionary power to the Collectors, may be omitted.
LEGISLATURE OF MARYLAND.
THURSDAY, Dec. 6.
According to order the house took into consideration, the bill to incorporate the Rockholders of the Union Bank of Maryland, and, on the second reading thereof, the question was put that the capital stock of said bank consist of three millions of dollars. Resolved in the affirmative.
Friday the 7th the house resumed the consideration of the bill, and the question was put that the third and fourth sections thereof be struck out—which was carried. The question was then put that an amendment offered to said bill be received? Resolved also in the affirmative.
Saturday the 8th, the house again took up the consideration of the bill, when the question was put, that the words "and no director having served for 3 years, shall be eligible for the two succeeding years thereafter" be struck out? which was negatived by a majority of fifteen.
Monday the 10th, the house proceeded to the reconsideration of the Incorporation Bill, and the question was submitted, that the words, "The whole number of shares reserved," be struck out of the 16th article? Carried in the affirmative. The question was again put, that the words "when entitled to four Directors, two directors shall be chosen by the female, and two by the house of delegates," in the same article, be struck out? resolved in the affirmative.
Tuesday the 11th, the final consideration of this bill took place, and after making several amendments, the question was put, that the said bill do pass? which was carried in the affirmative, yeas 50—nays 10.
WASHINGTON, Dec. 10.
An error having crept into several of the American prints in relation to General Turreau, by giving him the name of Taurier, which may be the cause of very incorrect impressions, we take a pleasure in laying before our readers the following sketch of the various stations filled by him, by which it appears that he has been without intermission, engaged in the service of his country from nearly the commencement of the revolution to the present time. The events of this interesting period are sufficiently strong in the recollection of our readers, to show that the General has participated in many of the most splendid incidents of the war, while his constant occupation proves his having possessed in an eminent degree the confidence of the nation.
 GENERAL TURREAU entered the service at the end of the year 1791  Made a campaign in the north in quality of chief of battalion in 1792  Made the campaign of Treves in quality of colonel idem  That of Alon in 1793  General of Brigade and commander of the advanced guard of the army of the west idem  Made General of division upon the field of battle, idem  General in chief of the army of the Pyrenees, of the east and the west, 1794  Commandant general at Belle Isle, idem  Arrested, detained, tried and unanimously acquitted by a Council of war, 1795  Sent to the army of the Sambro and Meuse in 1796  Commandant of the first division of the French army in Germany in 1797  Commanded two divisions of the army of Mayence at the blockade of Ehrenbreitstein in 1798  Commandant of the first division of the army before Manheim, at the reconnoissemence of hostilities, idem  Commandant of the first division of the army of Helvetia, 1799  Commandant general of all the grenadiers, carabineers and dragoons of the army of Helvetia, idem  Commander in Chief of that army (par interim) 1800  Lieut. Gen. commandant of the left wing of the army of Italy, idem  Sent, at the peace, by the government, in order to form a general outline of a military road, proper for the conveyance of artillery of any calibre, and to determine the place for fortifications, either permanent or provisional, upon the chain of the Alps, 1801  Sent to Switzerland on a politico-military mission, 1802  Nominated minister plenipotentiary from France to the United States of America in Dec. 1803 
Vermont election for a representative in Congress. We have heard from but two towns which give the following result:
   Elliott. Richards. Fletcher.     Brattleborough, Rep. 125 5 2   Westminster, 86 89 1   211 94 3  
Upwards of 150 federalists did not vote. Majority for Elliott in these towns 114. The majority against him at the former trial was 27. (Vermont Gazette.)
NORTH-CAROLINA LEGISLATURE.
HOUSE OF COMMONS.
Tuesday, Dec. 11.
Mr. Wright presented a bill to amend an act for directing the manner of appointing electors to vote for a President and Vice-President of the United States, passed last Assembly, which passed the first reading.
The bill to incorporate two companies for the purpose of cutting a navigable canal from Roanoke river to Meherrin river, and another navigable canal from Bennet's creek in this state, to Nansemond river in the state of Virginia, was passed the 2d time in this house.
A letter from Columbia, of the 8th inst. states that the Senate had that day taken up the Bill for closing the ports against the importation of negroes. On putting the question for its passage, the ayes were 16, noes 17; to the Bill was lost. Two Members absent. Charleston Times.
ADVERTISEMENT.
A FORFEITURE to a decree of the county of King and Queen—will be held at Mr. John Miller's Tavern on the 12th day of January next, one TRACT OF LAND belonging to the estate of Thomas G. Rowe deceased, lying in the county aforesaid, containing about 550 acres. The land lies nine miles from Tappahannock and seven from Dunkirk, this land joins the lands of Col. John Hopkins, and the Rev. Robert B. Sample.
ALSO—will be sold on the 14th day of said month at King and Queen Court-House, it being court day. Seven very LIKELY NEGROES belonging to the said estate. Twelve months credit will be allowed the purchasers for the Land and Negroes, on giving bond with approved security to the
COMMISSIONERS. December 23. (8 w.)
ENQUIRER.
RICHMOND: SATURDAY, DECEMBER 22, 1804.
IMPEACHMENT OF JUDGE CHASE.
The select Committee of Congress have reported eight articles of impeachment against Judge Chase, which have been separately investigated and adopted by that body. It is the purpose of the following observations, not to analyse the truth of these several charges, but to arrange them under some general heads.
The first five articles of the impeachment are descriptive of the proceedings of Judge Chase in the case of two criminal prosecutions; the trial of Fries and the trial of Callender. In some of these proceedings the Judge will be found to have violated some of the most obvious maxims of criminal jurisprudence, which have been expressly recognized by the 8th amendment to the constitution of the United States. And in other proceedings Judge Chase evidently violated the law of Congress for establishing the Judicial Courts of the United States.
The two last articles of the impeachment are more anomalous and distinct in their nature, but they will be found equally descriptive of judicial usurpation and malfeasance.
By the 8th amendment of the constitution of the United States it is declared that "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed;—to have compulsory process for obtaining Witnesses in his favour; and to have the assistance of Counsel in his defence."
By this amendment of the constitution the criminal is first entitled to a speedy and public trial before an impartial jury. But in various cases it appears that Judge Chase has exercised an influence, to which he was not officially entitled, or which most evidently entrenched upon the rights of the accused. In the empanelling of a jury for the trial of Callender, contrary to every rational precedent and to every principle of justice, Judge Chase did not hesitate to exercise an authority over the Marshal himself, which their relative station so far from authorizing, had obviously forbidden. In giving his instruction to a marshal or sheriff to empanel a jury, the judge may be properly excused who simply recommends to him the selection of honest, enlightened and capable men. But there is no principle of judicial policy, which gives to a judge the more comprehensive power of laying down a more particular standard of selection, and of recommending that a preference should be given to one moral political or religious sect above any other. When a judge descends to so minute a development of qualifications, he may be properly suspected of employing an extra-official authority, and of employing that authority not for the purpose of obtaining an impartial, but a packed and prejudiced jury. That Judge Chase did exercise such an authority in the empanelling of a jury for the trial of Callender, is not among the charges which are alleged against him by the articles of impeachment: This fact must have either escaped the researches or the memory of the select committee of Enquiry. But that such was the fact; that Judge Chase did exercise such an usurped influence in the empanelling of a jury, is supported by testimony too respectable to be denied, and too pointed to be refuted in its inference.
A gentleman of this city, who was at that time one of the practitioners of the law at the bar of the Federal Court, and who is now a member of the Executive Council of Virginia, has made the following statement, which he is willing to confirm by an affidavit. During the interval between the apprehension and trial of Callender, this gentleman visited Judge Chase at his lodgings for the purpose of obtaining an injunction in a case in which he had been employed by his client in the Northern Neck. While he was with Mr. Chase, Mr. D. M. Randolph, at that time the marshal of the state, called upon the judge, and some conversation took place between them on the empanelling of the Petit Jury for the trial of Callender. "Have you made out your list of Jurors?" enquired the Judge. "I have." "Have you put any Democrats on it?" continued Mr. Chase. The marshal expressed some doubt or uncertainty on the subject. "If you have," added the Judge, "you must take care to strike them all off." Whether this extra-official mandamus of the judge, was fortunate enough to receive an obsequious obedience from the marshal, is one of those facts which have never been positively ascertained. But a rumour was at that time in circulation, that the political predilections of the marshal or the extra-judicial direction of the judge had in the progress of the arrangements for that trial, produced the appropriate effect. It was said at that time and it was believed, that Mr. Randolph had originally made out a list of Jurors, which was composed indiscriminately of men of both parties; that here was a Federalist and that there was a Republican; but that in calling over their names in open court, no one was introduced who had not been distinguished by federal opinions. It was therefore concluded that the names of the Jurors had been designedly transposed; and the list of the Jurors, who sat on that trial contributed in some degree to the confirmation of these suspicions. It is a fact well known to every man who knew the names and characters of the Jurors, that no one sat on that trial, who was not at that time the political opponent of J. T. Callender.
This circumstance has not been introduced into the articles of impeachment. But there are other charges in those articles, which would be sufficient to demonstrate the determination of Judge Chase to warp the texture and bias the verdict of the jury. The 2nd article, which introduces another fact that actually occurred on the trial of Callender, the neglect of John Bissett's conscientious scruples, constitutes an undeniable proof of this judicial persecution. The 1st and 3rd sections of the 1st article, containing some of the proceedings of the judge on the trial of Fries, cannot fail to corroborate this supposition; they also serve to announce the determination of the judge to limit the privileges of the criminal, and prevent that full investigation of the cause, which is so essentially connected with an impartial verdict.
By this amendment of the constitution of the United States, the accused is also entitled to the use of compulsory process for procuring the attendance of witnesses in his favour. The 2nd section of the 4th article, which alleges the refusal of the judge "to postpone the trial, although material witnesses on behalf of the accused," attributes a proceeding to Judge Chase, which is certainly tantamount to a refusal of compulsory process, to procure the attendance of these witnesses. To refuse a postponement of the trial, when the presence of the necessary witnesses could not be obtained without this indulgence, is certainly equivalent to a refusal of compulsory process to obtain their attendance. The 3rd article and the 1st section of the 4th article, contain two other proceedings of the judge, which substantially violate the sacred privileges of the accused: as in both cases that
free and complete play was not allowed to the testimony of the witnesses, without which the presence of a witness and the use of a compulsory process would be of little avail.
By this amendment of the constitution, the employment of counsel in his defence, is also conferred as one of the sacred privileges of the accused. On the trial of Fries and Callender, it is certain that the defence of able and accomplished counsel was allowed to each: but in the progress of the trial, what exceptions were not made by Judge Chase to circumfer the and defeat the full exercise of these powers! The 2nd section of the 1st article of impeachment, and the 2nd, 3rd and 4th sections of the 4th article present us with a combination of facts, which demonstrate the dictatorial and abominable encroachments of the Bench upon the rights of the Bar and the rights of the accused. On both of these trials, the unfortunate accused was reduced to the same unprotected situation, as if the use of counsel had been originally denied to him. The tyranny of the judge was too oppressive and dishonourable to be endured by their advocates; and Fries & Callender were each of them thrown upon the mercy of a court, which had driven the council from the bar, and of a federal jury, who had been selected by the marshal on account of their political principles.
The 5th and 6th articles of the impeachment are predicated upon a violation of two clauses of the law of Congress for establishing the judicial courts of the United States. As far as these proceedings contribute to prove the ignorance of Judge Chase on the laws of Virginia, they certainly contain sufficient materials of censure and reproach. But if they be considered in another aspect: if they be supposed to flow from a wilful misconstruction of a law, which was already familiar to the judge; a misconstruction of which no other explanation can be given than a predisposition to persecute the unfortunate man at the bar; they certainly furnish a more important ground of enquiry. They certainly indicate a temper, which was unworthy of a judge, and unworthy of the free constitution, under which he presided.
The 7th and 8th articles of the impeachment are descriptive of two separate proceedings of Judge Chase, which constitute two new and distinct species of misbehaviour. A reference to the articles of impeachment will supersede the necessity of expatiating upon their nature or their tendency.
Such is a general view of the articles, which have exhibited been against Judge Chase. How far these charges are supported by truth, and whether the dismissal of the judge shall constitute the punishment of his offences; it is the province of an official investigation to ascertain and unfold.
Legislature of Virginia.
EXTRACTS FROM THE JOURNALS OF THE HOUSE OF DELEGATES.
Monday, Dec. 17.
An engrossed bill, for adding part of the county of Ohio, to the county of Harrison, was read a third time;
Resolved, That the bill do pass; and that the title be, an act, for adding part of the county of Ohio to the county of Harrison.
An engrossed bill, incorporating a library company in the county of Prince-Edward, was read a third time and a blank therein filled up;
Resolved, That the bill do pass; and that the title be, an act, incorporating a library company in the county of Prince-Edward.
Ordered, That the clerk do carry the said bills to the Senate and desire their concurrence.
A bill, To amend the act, entitled an act, directing the mode of appointing a public printer, prescribing his duties and for other purposes therein mentioned; and
A bill Authorising the introduction of Dearborn's patent balance into the warehouses of the commonwealth upon certain conditions, were severally read a second time, and ordered to be engrossed and read a third time.
A bill, To explain and amend the act providing for the poor, and declaring who shall be deemed vagrants, was read a second time, and on a motion made, ordered to be committed to the committee for courts of justice.
A motion was made that the house come to the following resolution:
Resolved, That it be made a standing rule of this house, that the yeas and nays, when called for by any member, shall not be taken unless at the desire of fifteen members of those present.
A motion was made to amend the said resolution, by striking out the word fifteen, and inserting the word five; and the question being but upon the said amendment,
It passed in the affirmative.
The question being then put upon the resolution, as amended.
It passed in the negative.
On a motion made,
Resolved, That the committee for courts of justice be instructed to examine what laws have expired since the last session of assembly, and to examine such temporary laws as will expire with the end of the present session, or are near expiring, and report the same, with their opinion which of them are fit to be revived and continued.
A petition of the acting trustees of the Nottoway Indians, praying that additional trustees may be appointed for the said Indians, a sufficiency to form a board not remaining, from death and resignations; also a petition, stating to be from sundry inhabitants of the town of Lynchburgh, praying an additional time to the owners of lots in the said town, to build on and improve the same; be referred to the committee for courts of justice.
The order of the day for the house to proceed by joint ballot with the Senate, to the appointment of a public printer for one year, being read;
Ordered, That the same be put off till Wednesday next.
Ordered, That Mr. Johnston acquaint the Senate therewith.
The several orders of the day for the house to resolve itself into a committee of the whole house, on the bill, to prevent slaves being brought into this state; and on the state of the commonwealth, being read;
Ordered, That the same be put off till to-morrow. And then the house adjourned till to-morrow 12 o'clock.
Tuesday, Dec. 18th, 1804.
The house, according to the order of the day, resolved itself into a committee of the whole house, on the bill, to prevent slaves being brought into this state; and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. Johnston reported, that the committee of the whole house had, according to order, had the said bill under consideration, but not having time to go through the same, had directed him to ask for leave to sit again.
Resolved therefore, That this house will again to-morrow, resolve itself into a committee of the whole house, to take into consideration a
bill, to prevent slaves being brought into this state. A communication from the Senate by their clerk.
The Senate have agreed to the resolution requiring the executive to lay their journal before the General Assembly; and have also agreed, on their part, to postpone the proceeding by joint ballot, to the choice of a public printer, till Wednesday next.
An engrossed bill, To amend the act entitled an act, directing the mode of appointing the public printer, prescribing his duties and for other purposes therein mentioned, was read a third time, and several blanks therein filled;
Resolved, That the bill do pass, and that the title be, an act to amend the act, entitled an act, directing the mode of appointing a public printer, prescribing his duties and for other purposes therein mentioned.
An engrossed bill, Authorising the introduction of Dearborn's patent balance into the warehouses of this commonwealth upon certain conditions, was read a third time;
Resolved, That the bill do pass, and that the title be, an act, authorizing the introduction of Dearborn's patent balance into the warehouse of this commonwealth upon certain conditions.
ERRATUM IN THE 4TH LETTER ON ROADS.
In the 2d paragraph, beginning in the fifth line read—"From Portsmouth to Suffolk in a direct line, the distance is 17 miles—and it is afforded that a good road can and soon will be made. From Suffolk to Petersburg, in a direct line, the distance is about 60 miles."
DIED—on Wednesday last, the 19th instant, Captain JOHN LESTER. This gentleman lived at Rockets upwards of twenty years, and not only supported the character of an upright man, but was in the constant practice of aiding and assisting his fellow-citizens, as also strangers, whose fortune carried them in his way; in short he never ceased from doing good, as several of his fellow-citizens can testify, who have by his assistance and counsel risen from poverty to ease and affluence.—Mourn, ye citizens of Rockets! for you have lost a father and a friend; and truly you may say, with the poet— "We ne'er shall look upon his like again."
Mr. Lester was born at Saul, Surrey, in England, in the year 1748—although an Englishman born, he was one of those patriots of '77, who never once varied in the principles of a firm christian and true republican. In his worldly transactions, he was correct, candid and sincere. He never bowed to the great; every honest man was made welcome at his hospitable board, and every stranger was sure of his aid and friendship. In his family he was uniformly mild and affectionate, and to the poor his heart and hands were ever open.
BILLS ON NEW-YORK.
At Ten to Sixty Days sight—FOR $100 BY M. W. HANCOCK & CO. Dec. 22. tf
Richmond Theatre.
THIS EVENING, Dec. 22, will be presented, the Play of THE STRANGER. To which will be added, the Comic Opera of NO SONG NO SUPPER.
Doors to open at half past 5 o'clock, and performance to begin at 6 o'clock. Admission—One Dollar. Nights of performance will be on Monday, Wednesday, Friday and Saturday's.
TO MR. CHRISTOPHER JOHNSON, of South-Carolina. SIR,
As you are not a resident of this Commonwealth, and have no Agent or Attorney within the same, to whom a legal notice can be given; you are hereby informed, that by virtue of a commission issued from the office of the High Court of Chancery, for the middle district of Virginia, by law directed to be held at the Capitol in the City of Richmond, in the suit in Chancery depending in said court, in which you are Complainant, and I am Defendant. I shall proceed on the second Monday in February next, at the Tavern of James George in the county of Goochland and state of Virginia, to take the depositions of Thomas Johnson, John Johnson, Zachariah Pellier, John Freewell, and William Chick, to be read as evidence in the said suit, and that if the same cannot be taken on the day aforesaid, the taking thereof will be continued by adjournment from day to day until the whole are completed; when and where you may if you please attend.
I am Sir, Yours, &c. BENJAMIN JOHNSON. Louisa county, and date of Virginia. December 22. (65 tw.)
MONTAGUE COPE AUSTIN.
IN pursuance of a Decree of his Majesty's Court of Exchequer, dated the 3d day of July 1804, made on the hearing of a certain cause there depending, in which James Raven is plaintiff and Daniel Sutton and others are defendants; whereby it is referred to Abel Moysey, Esq. the deputy to his Majesty's Receiver-general of the said court, to enquire whether Montague Cope Austin, in the pleadings of the said cause named (whose father was an attorney at Peterborough in the county of Northampton, and who was born there, and went first to school with a Clergyman of the name of Lloyd, at Ilkington, in the county of Middlesex, and from thence was removed to the Charter House; and who, in the year 1776 or 1777, entered as a common sailor on board a merchant ship then lying in the river Thames and bound to the West-Indies: and who, previous to his going to sea, when of the age of 16 years or thereabouts, resided at Durham in the county of Durham, and who is supposed to have resided, about the year 1783, in the neighbourhood of James's River in America) is living or dead, and if dead, whether or not he died under the age of 21 years, and if he survived the age of 21 years, then in such case, who is the said Montague Cope Austin's heir at law.
NOTICE is hereby given, That the said Montague Cope Austin (if living) is peremptorily desired personally or by his solicitor, to appear on or before the 18th day of March next, before the said Abel Moysey, and identify himself, or to find such information whereby he may be traced and identified.—And if the said Montague Cope Austin be dead, such person or persons as claim to be his heir at law, are desired to come in before the said Abel Moysey, and prove the same, or to give information how they respectively make out and substantiate such claim—and any person or persons who can give information of the said Montague Cope Austin being living, or of his having died, and whether or not he attained his age of 21 years, and if he attained such age, who is or are his heir at law, are requested to give Notice thereof to the said Abel Moysey, at his chambers in the Exchequer Office, in the Inner Temple, London.
If the above Montague Cope Austin (if living or if dead his heir at law) will apply to the subscribers, he may get further information on the above subject, as also hear of something to his advantage. THOMAS & AMOS LADD. Richmond, 11th mo. 14th. 1804.

The love of ease is one of the deepest and steadiest principles in the human breast. The savage is driven to action only by hunger or fear, or revenge or love. The pleasure of repose, or rather an aversion to labour, is a dead weight, a sort of gravitating power, which impels him to the earth, from which he is roused solely by the spring of his wants and his passions: when these are satisfied, he sinks back to his torpor and dozes away an half-animated existence till new passions and new wants rouse him again to action.
It fortunately happens that this propensity is counteracted by one that is scarcely less powerful and universal. Man is strongly impelled to action as well as to rest. He finds by experience, that exercise, both of body and mind, is necessary for the well-being of both; and that if a life of labour is a life of pain, a life of uninterrupted repose begets in the mind weariness and disgust; and, in the body, weakness and disease. These opposite principles of labour and rest, bear some resemblance to the centripetal & centrifugal force in the physical world; and as man pays them an alternate and due obedience, he is kept in the true path of moral happiness: for the pleasure of rest must be gained by previous fatigue, and a certain degree of leisure is necessary to enjoyment.
It is the province of luxury at one and the same time to keep alive this activity, and to gratify this love of ease. The natural aversion to labour begets a progressive course of invention, by the aid of which, a few hours of industry are sufficient to gratify the animal wants of the four and twenty. The interval that remains must be filled up with employment, without which man would spend his leisure in the dead and painful torpor of idleness. This employment is furnished by luxury. It is luxury, or the love of enjoyment, which puts in motion every wheel of civilized society. By its benignant power the farmer is stimulated to better systems of husbandry; the merchant exchanges for a profit; the lawyer and physician strive to obtain fees; and, in short, every individual of the community is goaded into life and activity. Without its salutary influence, it is clear that much of the time which is now spent in diligence and exertion, in pain, fatigue and self-denial, would be dozed away in inaction, no less favorable to disease, than to weariness & disgust.
But while I insist upon the advantage of luxury in producing activity, I do not mean to say that it is inseparable from evil. Like every thing human, the bad is blended with the good. It is certain that an unvaried course of ease and enjoyment will poorly prepare us for those trials, with which the paths of life are unhappily too much thronged. No human vigilance can prevent the occasion of our mourning the death of some dear and valued friend; or repairing at the failure of our fondest schemes, or writing on the bed of sickness. It is then that the virtue of patience and fortitude become necessary to our welfare; but we are the more incapable of obeying their stern precepts, from the opposite vice of idleness, to which we have listened.
We should then, if we would guard against the worst that can befall us, or rather against the best that man can ever expect to experience, insure ourselves by habit, to temperance and self-denial; to pain, labour and fatigue. When indulgence is remitted by intervals of labour, then the necessary virtues of patience and forbearance may be cultivated without diminishing enjoyment; and we may be better prepared to meet either the frowns or the smiles of fortune. In the one case, adversity would be better borne by the effect of habit, and in the other, prosperity would be enjoyed with a keener relish, from the previous accumulation of desire. Thus it appears, that luxury, when regulated by prudence, is by no means unfavorable to individual happiness.
When, by the despotism of law or custom, one man can wrest from another the fruits of his ingenuity or industry, then indeed is luxury inimical both to national and to individual happiness. The temper is hardened; the social sympathies, so productive of happiness to the possessor and others, are impaired and destroyed; and the whole heart becomes selfish, cowardly and vindictive. But in a country like this, which is truly free, this evil can never exist. If an individual, whose fortunes or exertions have been successful, choose to employ his wealth solely in sensual gratifications, and be consequently enervated by their debilitating influence, he cannot perpetuate by his posterity the same means of enjoyment. If his opulence outlive his extravagance, sooner or later his descendants must either recur to the aid which industry alone affords, or feel the most powerful of all impulses, the want of daily bread. Thus the ventures that have been heaped on luxury for thousands of years by every empty declaimer on morals and politics, apply only to the sensual few who form but a small part of the community. These have said that communities are enervated by habits of luxury; that the most natural and the surest bases of free governments, virtue and simplicity, would be lapped by a free indulgence in sensual gratifications; that by these, a nation would be both insensible to the blessings of liberty, and incapable of defending it—and thus would fall an easy prey to a poor and more hardy neighbour. If this were the case, most willingly would I prefer the bleak & barren poverty of savage life, to the splendid fetters of slavery and refinement. But surely no fair inference can be drawn from the examples of Antioch or Capua, unless we knew from what source they derived their revenues. I believe it is a well established maxim in political economy, that a nation which subsists on the productions of its soil and industry, can maintain but a small portion of its inhabitants in idleness and luxury, and the descendants of these few must possess either the hardihood that industry gives, if they continue rich, or that which poverty gives, if they become poor. Certainly these deprecating effects cannot flow from indulgence, when that indulgence is purchased solely by the exertions of industry. While the exercise of this industry qualifies the citizen for the toils and fatigues of war, it affords a new incentive to his courage. 'Tis the inhabitants of England never exhibited such proofs of patriotism and spirit, as during the late threat of invasion; and the nation was never before so extensively and so generally luxurious.
When indeed one nation holds another in bondage, and abuses its right of conquest, by imposing a large tribute; then, industry not being the chief source of indulgence, a majority of the victors may become enervated by idleness and enjoyment; and thus taste the mischiefs of luxury, pure and unmixed. We have accordingly in history frequent instances of this sort, where nations both savage and warlike, have changed their character with their situation, and become at the same time refined, effeminate, and weak: but there is no instance on record that any nation was ruined by luxury, when that luxury was nourished and maintained by industry alone.
Among the advantages of luxury we may rank those of refined society. By keeping the human mind always active and inventive, it evidently leads to the encouragement of science and the polite arts. There is an intimate connection, one with another, among all the branches of knowledge that are familiar to man: and it is perhaps not extravagant to say that the beautiful odes of Gray, or his still more beautiful elegy would never have existed, unless the country which produced them had also produced the pottery of Wedgwood, the Duke of Bridgewater's Canal, or the various other proofs that could be adduced of the present state of advancement of the arts in Great Britain. These may be considered to owe to luxury alone; since if we trace man from the state of the naked hunter, who sought food and clothing from his brother tenant of the forest, to the pampered inhabitant of London or Paris who rolls on his couch and partakes of his twenty dishes, we shall find that new desires have given rise to new inventions to gratify them.
The sentiment of honor is also peculiar to luxurious and refined society. Whatever religion or reason may say to some of its dictates, it surely well supplies the place of savage courage. The dictates of opinion, and sensibility to fame, produce the same effect on the man of honor, as instinct and passion produce on the savage: thus we find that our modern Duellists are as ready to bid defiance to fear, and even to court death, as the most ferocious tribes of barbarism.
The wealth which luxury indirectly produces, both affords the means and invites the exercise of generosity; and it is very probable that more has been effected by the English subscriptions at Lloyd's during their late war with France, than could formerly have been done by a direct levy from the crown.
There is one other argument in favor of luxury which I advance with some hesitation. It has been observed that, avarice is the ruling vice of the United States; and though our government has had too short an existence as yet to form a national character, even if our citizens were less mixed and heterogeneous; yet in the state of equality which prevails here, it may be supposed that the love of gain is stronger than in those countries where it is opposed by the price of birth, or the distinction of rank. If our government and situation are favorable to this selfish and odious vice, we have another reason for counteracting it, by its natural and proper antidote, the love of rational pleasure. In this case the unnamable defect I speak of, is likely to be stronger in remote parts of the country than in the towns, where it is opposed by so many invitations to enjoyment. Here then it will probably never be extensive or pernicious. But if a better experience should show that a love of hoarding is the vice of this otherwise happy country, let us sedulously cultivate a relish for music, for building and improvement, and for the productions of all the fine arts, if we would cherish a regard for the dignity of man, or even the blessings of liberty.
On the whole, it appears to the author of the preceding essay that the seeds of luxury are grafted on the first principles of our nature: That it is, with all the evils incident to it, productive of more good than evil: that the ancient objections to luxury do not apply to this country, or these times; and that when properly regulated, it is favorable to the happiness of the individual; and to the welfare and safety of the nation.
X.
THE YAZOO EMPIRE.
[CONTINUED.]
DOCUMENTS
Accompanying the report of the commissioners on the Georgia Mississippi Territory, ceded to the United States.
(A.) Near Natchez, Nov. 5, 1802.
SIR, I have now the honor to reply more particularly to your letter of the 26th July last, and to lay before you such information as I have been enabled to collect, in relation to the various objects of your enquiries.
In conformity to your request, the claimants of lands (of the description you mentioned) were invited by public advertisement "to file, prior to the first day of November, before the proper county officers, (the clerks of the county courts,) the particular authority and extent of their respective claims, and the claim of title derived, to the present claimants, from the original title."
I had flattered myself that the acquiescence with this invitation would have been such as to have afforded ground for accurate estimates. But, from various causes, the returns are not so general as I had wished. Some few claimants, whose titles I have reason to believe are fully and legally executed, have omitted to state them; either through inattention or from an unaccommodating disposition; & there are some others who have avoided exhibiting their claims (probably) from an unwillingness to expose their weaknesses, and a fear produced by a report, which some designing character circulated with industry, that the call for titles was intended to work their immediate injury. Having premised thus much with a view to apprise you that the return of claims which accompany this letter is not complete (a); I will proceed to notice your enquiries in the order you have placed them.
1st. "With respect to the extent of territory, both on the Mississippi and the Mobile, which has been relinquished by the Indians."
Until the boundary line between the United States and Choctaw Indians shall have been retraced and plainly marked, (a work which I understand will shortly be executed under the direction of general Wilkinson) the quantity of land to which the Indian claim has been extinguished cannot be correctly ascertained. But from the best information in my possession, I do conjecture that there may be on the Mississippi, two thousand five hundred square miles, or about one million five hundred thousand acres, which comprehend the counties of Jefferson, Adams, Wilkinson, and Claiborne.
On the Mobile, I do also conjecture, without pretending to accuracy, there may be about four thousand six hundred square miles, or near three millions of acres, which compose the county of Washington.
The greater part of the land on the Mississippi above alluded to, is fertile and well adapted to cultivation—of the three millions of acres on the Mobile, there are supposed to be near two millions of pine barrens, little of which is susceptible of culture; the balance is said to be good land, and I am informed that it may be cultivated to advantage.
A small map of the settled country adjoining the Mississippi, (marked No. 1.) and a map of the land in Washington county, to which the Indian claim has been extinguished, (marked No. 2.) are herewith enclosed.
2d. "With respect to the claims recognized by the second article of agreement with Georgia."
I will class these claims under three distinct heads:
1st. Grants to persons who were actual settlers within the ceded territory on the 27th October, 1795, legally and fully executed, prior to that day by the former British government of West Florida.
The packet marked (A.) contains all the claims of this description which have been filed.
2d. Grants to persons who were actual settlers within the ceded territory, on the 27th October, 1795, legally and fully executed, prior to that day by the government of Spain.
These species of titles are numerous. The packet marked (B.) contains all which have been filed.
3d. Claims of persons who were settlers within the territory on the 27th of October, 1795, derived from actual surveys or settlements made under the law of Georgia passed February 7, 1785, commonly called the Bourbon act.
The packet (C.) contains claims of this class which have been filed. Few of those claimants allege to have made actual surveys; it would have been unsafe to have done so during the existence of the Spanish government. But they rely upon the settlements, which they formed by a verbal permission from the existing government, and the invitation held out by the state of Georgia, in the Bourbon act.
Among the titles recognized in the agreement of compromise with Georgia, there will arise a few which clash, viz. "lands claimed by different persons under British and Spanish titles, who were both settlers in the territory, on the 27th October, 1795."—This will be found to have been occasioned by one or two causes:—
"The British proprietor did either not reside in the territory, or being present, had not complied with the conditions of his patent at the time of regranting by the Spanish government."
I have endeavoured to inform myself as to the manner in which grants were made and completed, under both the British and Spanish governments. Under the British government, grants were sometimes issued by the king himself, but more frequently by his representative, the governor of West Florida. The former title was conferred for some signal services rendered by an individual; the latter title, which was the most usual, was obtained in the following manner. The applicant for land presented a petition to the governor and Council of West Florida, and upon the petition being granted, an order from the governor to the surveyor general of the province was made, which was called the warrant of survey: when the survey was completed, and returned to the secretary's office, and the patent issued, it frequently happened that by delay in the office, occasioned by various circumstances, and in some instances, by reason of the Spanish conquest of Florida, those persons who had obtained warrants, and paid the price of surveying and never acquired a complete patent. I have procured a copy of a British patent, which is herewith enclosed, marked (A. 1.)
The manner of obtaining titles under the Spanish government, was similar to the last mode of British grant. The applicant for land, applied by petition to the Spanish governor general of Louisiana, or the governor at Natchez. If the petition was granted, an order in writing was given to the surveyor general (which was called the warrant) to survey and put the petitioner in possession of a certain quantity of land (which was named.)
On the return of the survey to the office of the secretary for the province of Louisiana, at Orleans, a formal patent with the plat and certificate of survey prefixed was issued and signed by the governor general of the province of Louisiana. In this case also delay, in the intermediate steps sometimes prevented persons who had procured warrants of survey, and were in complete possession of the land, from obtaining perfect patents. A copy of a petition, warrant of survey, and Spanish patent, is herewith enclosed, marked (A. 2.)
I will now proceed to notice our claims not recognized in the agreement of compromise, but concerning which you request information.
1st. "With respect to the claim grounded on the alleged grants of Georgia, subsequent to the Bourbon act."
I cannot learn that any tract of land is now occupied by any of those purchasers, or by persons claiming under them. A copy of an original letter upon the subject of the Georgia sale, dated at Boston, October 1st, 1799, signed by several persons filing themselves "agents for the proprietors of Georgia lands," addressed to some respectable citizen in this territory, together with a copy of the answer which was returned thereto, are herewith enclosed, marked (A 3 and A 4.)
2d. "Claims, if any, derived under the French government previous to the peace of 1763."
No title arising from this source, has been filed, and I have it from authority, that no claim on the part of the ancient French proprietors ever appeared, during the existence of the British or Spanish government in this territory.
"The frequent contests between the French and the Natchez aborigines caused the former to abandon their agricultural possessions in this quarter of Louisiana, long before the peace of 1763."
3d. "Claims derived under the British and Spanish governments, previous to the treaty of 1795, unaccompanied by actual settlement at the date of the treaty."
No claims of this description have been filed; nor is it probable there are many such of Spanish origin. But it is a matter of great notoriety that British claims of this species are numerous—by far the greater part of the valuable improvements and plantations, is made upon lands heretofore granted by the British government, of West Florida, but which were re-granted by the Spanish government.
It may be proper in this place to state that the time allowed by the treaty of peace of 1795, for British subjects to sell, convey or settle their lands, was prolonged by the Spanish government, and that two or three years beyond the terms granted by the treaty had elapsed, before the Spanish government commenced the re-granting of land which had formerly belonged to British subjects.
Claims derived under the Spanish government by grants made subsequent to the Spanish treaty of 1795.
These may be distinguished into three classes. 1st. When patents were issued subsequent to the treaty, on Spanish warrants of survey made previous to the treaty.
2d. When the warrants as well as the patents were subsequent to the treaty.
3d. When both warrants and patents were issued subsequent to the treaty, but both antedated, so as to make them appear prior to the treaty.
1st. When patents were issued subsequent to the treaty, on Spanish warrants of survey granted previous to the treaty.
I have understood that many patents of this description were issued, although few have been filed; warrants had, in many instances, been obtained from the Spanish government, accompanied with an actual survey and settlement, which, agreeable to the Spanish cofados , were recognized as good titles, even before the patents issued.
Claimants in this situation, were often not anxious about obtaining patents, which could at any time be obtained as a matter of course. Hence it happened, that the treaty caught many in the possession of those incomplete rights. Some persons thought it advisable to obtain patents from the Spanish office, which continued open after the treaty. But others conceiving such patents, as conferring no additional security, trusted entirely to the justice and liberality of the United States, to make valid in law, what they considered a perfect equitable title.
2d. "Where the warrants of survey, as well as the patents, were subsequent to the treaty."
Of this description, four or five only have been returned, but others certainly exist.—Some men in favour with the Spanish officers, and trusting to the temporary continuance of the Spanish courts and government acquired in by the people, and commissioner Elliot and lieutenant Pope, the only representatives of the United States, then present, received titles for lands, which were dated agreeably to the true time of obtaining them. The number of these claims is uncertain, but said to be numerous.
3d. "When warrants and patents were indeed subsequent to the treaty, but both antedated, so as to make them appear previous to the treaty."
Although no claims of this kind have (to my knowledge) been filed, yet no doubt is entertained here of their existence. They are reported to be of great extent, and are supposed to cover much valuable land near the settlements.
5th. "Claims founded on the third section of the Bourbon county act."
Many citizens, who subsequent to 1795, have settled and improved vacant lands, suppose that under this third section, they will be entitled to a right of preference, when a land office may be opened. The Bourbon act was repealed by Georgia in February, 1788, but from the little intercourse between that state and this territory, it is probable the repealing law was not partially known: and that some citizens might have made their improvements under the invitation given them in the Bourbon act.
With respect to the aggregate quantity of land covered by claims under the 2d article of compromise, and of the like aggregate of other claims," it is impossible for me to form accurate estimates; but from the best lights I can procure, I do suppose there cannot be more than three hundred and fifty thousand acres on the Mississippi, covered by claims just by failing under the 2d article of the compromise. As to the extent of private claims on the Mobile, I can hazard no opinion until the returns from Washington county are received. It, however, is understood, that besides a large tract of pine barrens, there is some valuable lands which remain to be disposed of by the United States.
In order that you may be more fully informed as to the true state of land claims in this territory, I have forwarded all the returns which have been made and received, carefully filed under their different classes:—among them you will discover some claims which cannot, strictly considered, be comprehended under any of the descriptions you have enumerated.
The titles, for instance, by Spanish warrants of survey and possession without patents may be viewed of this kind. But permit me to remark that this species of title is esteemed here, as very strong, in an equitable point of view; and I am well informed they were viewed as legal under the Spanish government, and by custom the proprietor was authorized to sell after three years occupancy.
It will not have escaped your observation, that a great proportion of the present population in this territory is composed of citizens who have formed settlements upon vacant lands.
The heads of families of this description, in the counties of Jefferson, Adams, Wilkinson, and Claiborne, exceed seven hundred, and their wives and children amount to near three thousand.
I do sincerely hope that these citizens may be secured in their improvements, and that the government will sell out the vacant land in this district upon moderate terms, and in small tracts, to actual settlers. If this policy is not observed, much distress will attend many of the settlers, and the certain effect will be their leaving the territory in disgust, to become subjects in a country where heretofore the most flattering invitations have been offered to the poorer class of industrious citizens, by bestowing on every applicant, without price, portions of the richest land, proportioned to the extent of their families. (f) The present farms of these settlers would then probably fall into the hands of speculators, either in this district or from the United States.
Thus we may lose a considerable portion of our present population, and the further increase of our numbers be retarded, by the best and most convenient spots being monopolized by men possessing large tracts of unoccupied lands. The consequence would be, that this, the most distant and infant settlement of the United States, at present insulated and defenceless, by the banishment of the poorer class of white citizens, and the introduction of a few wealthy characters, with a large encrease of negroes; a description of inhabitants already formidable to our present population.
With sentiments of great respect and esteem, I have the honor to be, Sir, Your most obedient humble servant, W. M. C. C. CLAIBORNE.
(a) I have not received a return of the claims which have been given in Washington county.
(g) Claims have been filed by persons who were actual settlers within the ceded territory, on the 27th October, 1795, under British patents for 54,754 acres, and under Spanish patents for 190,406 acres, which patents were fully and legally executed prior to that period.
Claims of the following description have also been filed, viz.
Claims under Spanish patents, dated subsequent to the 27th October, 1795, by persons who were settlers at that period, for acres, 8,930
Claims under British warrants without patents, by persons who were settlers on the 27th October, 1795, for acres, 10,900
Claims under Spanish warrants of survey, and possession by persons who were actual settlers on the 27th October, 1795, for acres, 21,203
For acres fee packet (D.)
There are about one hundred and thirty heads of families, who, on the 27th Oct. 1794, were settled upon vacant lands, and now claim a right by occupancy under the Bourbon act.
There are also about seven hundred heads of families, who, subsequent to 1795, have settled upon vacant lands, and made considerable improvements.
(f) Should the contemplated change in the manners of Louisiana take place, it is not improbable that our new neighbours, with a large extent of vacant country to settle, may offer great encouragement to emigrants.
P. A. PETICOLAS & HIS SON AUGUST, PROFESSORS OF MUSIC.
RESPECTFULLY inform the Ladies and Gentlemen of the city of Richmond and its vicinity, that they intend to teach MUSIC on the PIANO FORTE or HARPSICHORD.
Orders, from Ladies or Gentlemen, left at Mr. Fletcher's (the Riding Sun) or at Mr. Gamble's Store, will be particularly attended to.
P. A. P. TUNES INSTRUMENTS. MINIATURE PAINTING; good likenesses, warranted by himself. Dec. 1. T. S. S.
MISS ROBBINS,
AFTER making her sincere acknowledgements to her friends and the public, for that portion of patronage which she has experienced, wishes to inform her patrons, that she has removed her SCHOOL to a house nearly opposite to Mr. Copland's on Shockoe Hill where she can accommodate a dozen young Ladies as Boarders. Nov. 3. eS2m
THIS DAY IS PUBLISHED, AND FOR SALE AT RITCHIE & WORSLEY'S BOOK-STORE: The Rainbow, SERIES FIRST; Originally Published in the RICHMOND ENQUIRER
A N association was formed during the last summer, by a few gentlemen, of whom some are now, and others have been, inhabitants of this city, for the purpose of composing a series of Miscellaneous Essays for the Richmond ENQUIRER. These Essays were regularly published every Saturday, during the months of August, September, and October. The first number appeared on the 11th of August, and the last on the 20th of October. These numbers, taken together in the order in which they were published, will constitute the first series of the RAINBOW: and it is this first series which is now presented by the proprietors of the Enquirer to the amateurs of Literature, and to its patrons in Virginia. The second series will probably be communicated to the public in the present form, as soon as it shall be completed by the members of the association. Richmond, Dec. 11th, 1804.
A SCHOOL.
THE subscriber intends opening a School at his plantation in Hanover county, about ten miles from Richmond, as early in the month of January 1805, as he shall have the assurance of six scholars—and wishing to pay a particular attention to the youth entrusted to his care, will not undertake the instruction of more than fifteen; which number he will be enabled to accommodate with board, &c.
He purposed to teach the English language grammatically, and in such-wise as to obviate the necessity for a knowledge of the dead languages; he will teach the practical branches of Mathematics and Geography. The most approved English authors will be read with a view to forming the taste, and applying the rules of grammar: the sense and scope of those authors, with the derivation, definition, and government of words, will be expounded. The ancient classics will be read in translations, whence the learner will become as familiarly acquainted with the customs, manners and mythology of the times when, and about which those authors treat, as if read in the original, and in a much shorter time.
The price of tuition, board, lodging and washing, will be forty pounds for each scholar per annum, to be paid quarterly-yearly.
JOHN SEABROOK.
P. S. J. Seabrook will be thankful to those persons disposed to encourage him by confiding pupils to his care, to give him as early information thereof as possible, that he may be enabled to make the necessary arrangements in time.
A TRACT OF LAND.
By virtue of a Deed of Trust, executed to the subscriber, will be sold to the highest bidder, for ready money, on the 14th day of January next, at Buckingham Court-House, being court day.
A CERTAIN Tract or Parcel of Land, lying in said county, containing one thousand acres, more or less; bounded by the land is of the quality of Michael Jones, Jeffrey Smith, Richard Gilliam and others, and lying on the Pickingham road—to secure the payment of a certain sum of money therein mentioned, due from John Miller, to Willis Wills, and the expenses attending the execution of this trust.
GEORGE S. HARE, Trustee.
Buckingham, Dec. 8.—[S 6t.
NOTICE.
THE subscribers and members of the Mutual Insurance Company against Fire on Goods and Furniture, in the state of Virginia, are hereby requested to attend their annual general meeting, to be held agreeable to their constitution, on the second Wednesday in January, which being the 9th day of next month, by ten o'clock A. M. at the General Office of Insurance, in the city of Richmond. W. P. AST, Principal Agent M. A. S. Richmond, Dec. 10, 1804. 16342.
TO NON-RESIDENTS OF KENTUCKY.
THE SUBSCRIBER living in the neighbourhood of Frankfort, Kentucky, having undertaken to pay the taxes of a number of gentlemen residing in Virginia and elsewhere, on their lands in this state, and finding that the remitting of money to him for that purpose is attended with great difficulties, risk and trouble, proposes it to those gentlemen and any others who may find it an accommodation to them, the following plan, to wit: That they shall deposit their money in either of the banks of Richmond, Alexandria, George town or Baltimore, on or before the first day of May annually, and authorise some person at those several banks to advise him by post of the amount, and to subscribe it shall be applied, and impanel him to draw for the same, payable on sight. The lands of non-residents are advertised about the first of July, which is an expense of twenty-five cents on each tract. The subscriber's draft will command the cash in this state, and as soon as his bills are borrowed at any of the above mentioned banks, he will advance the money in Kentucky, deducting seven and a half percent commission on his trouble, in attending to and executing the business. He will enclose duplicate receipts to those banks in which the money is deposited, or to the proprietors of the lands, keeping the original in his own possession, to correct any errors which may occur in the auditors office of Kentucky. To those gentlemen who may wish to pay their taxes in this way, and who have not a personal acquaintance with the subscriber, he begs leave to refer them to the Hon. John Breckenridge, the Hon. Matthew Walton, Esqrs. now in Congress, at the city of Washington, or to Gen. John Preston of Montgomery county, and Col. James Breckenridge of Botetourt county, Virginia, as to the confidence which may be reposed in him.
NATHANIEL HART.
N. B. The postage on all letters directed to me on the above business must be paid. December 15, 1804. (eS1 May.)
SADDLERY.
JOHN M'ENERY, SADDLER, respectfully informs the public in general, and his friends in particular, that he has just received an elegant and well chosen assortment of Saddlery, Carts and Harness Mountings, Whips, Spurs, &c. &c. He laid in under his own inspection, whereby he is enabled to offer them on the most reduced terms. November 21.