The enquirer (Richmond, Va.), 1805-05-24 00:00:00

prosecutions the assistance of counsel, he is thereby entitled to the right of such counsel being heard in his defence by the court, before a decision be made and declared against him on the law arising in his case, and also, that such counsel should exercise their professional rights in making his defence, according to the known and established laws and usages of the nation, free from any arbitrary controul or restriction whatever.
Secondly, that in the trial of Fries for treason, the judge did, by delivering an opinion in writing on the law arising in the case, before counsel were permitted to be heard in his defence, effectually deprive the defendant of any benefit from the assistance of counsel.
Thirdly, that he imposed on the counsel engaged for the defendant, arbitrary restrictions and controul, in the exercise of their professional rights, unknown to, and unauthorised by the laws and usages of the nation, which compelled them to relinquish the defence of the prisoner.
Fourthly, I will then insist that this conduct was such a flagrant violation of his duty, as could only spring from corrupt motives, and a disposition to oppress those who became the objects of his resentment. With regard to the first position, that counsel ought to be permitted to be heard for a defendant before a decision should be declared against him; and also that the counsel ought to be protected in the exercise of their professional rights, according to the usages and practice of courts, it appears to me substantially supported by the constitutional provision already noticed, securing to the defendant the assistance of counsel, and to be a necessary consequence of that provision; and essential, in order to give it effect. For in the first place, as to the law, of what use would the assistance of counsel be to the defendant, if a decision of the law arising in his case should be deliberately made up by the court, committed to writing to give it more solemnity and effect, and delivered, or made known, before such counsel were permitted to be heard in his defence? What hopes could the counsel entertain of being able to convince a court, that an opinion, thus deliberately formed, and solemnly made known, was incorrect and ought not to have been given? Surely if the right to the assistance of counsel, secured to a defendant, means any thing, it must mean that he should have an opportunity through his counsel, to make his case known to the court, to explain the law arising thereon, and shew, as far as it could be done, that according to the true construction of the law applying to his case, under which he is charged, he is not subject to its penalties; before their opinion be declared on the subject, while the mind of the court is unbiased, open to conviction, and capable of duly weighing the arguments that may be advanced on either side. But when an opinion is deliberately declared, or made known, against a defendant before he is permitted to be heard by counsel, his case is prejudged, the character of the court is committed in a very great degree to support such opinion, the arguments of counsel cannot be expected to be heard by such a court, with impartiality and fairness, that go to prove such opinion to be erroneous; and under such circumstances, the aid of counsel is a mere name without a benefit; a form without substance. But again, if such counsel were subject to the arbitrary controul and restriction of a court, of every capricious and irritable judge; if they were not protected in the performance of their professional duties, so long as they acted within the laws of their country and the known usages and practice of courts, of what use would their assistance be to the accused, or what substantial aid could they afford him in making his defence? The counsel would have no rule to direct them in shaping their client's defence. When they had prepared to examine his cause in the manner heretofore usual in courts, and upon grounds, which they conceived most likely to establish his innocence and procure his acquittal, they might be stopped at the very threshold of the defence, surprised with a new and unheard of mode of proceeding; presented with a digested and formal opinion upon the very points they intended to contest: and informed that in the remarks they might be permitted to make to the court, to shew that such opinion was not correct, they must confine themselves in their endeavours to establish the doctrine they might advance, to the producing of authorities of a certain description; and must not extend their researches after decisions, on similar cases, beyond certain prescribed limits, as to time and kind of decisions. Under such circumstances no counsel could render any substantial service to the accused; none would be found to submit to the tyranny of such a practice.
Further, it is conceived an universal rule of construction, that when a right is secured to a person, by a law, the means of acquiring the benefit of that right are thereby also secured to him. The constitution secures to the defendant in all criminal cases the assistance of counsel in his defence; the only means by which the benefits of that right can be obtained by such defendant, is conceived, must be, by permitting counsel to be heard in his behalf, before his case is decided against him, and by protecting such counsel in the due performance of their professional duties. These rights are secured to counsel for the benefit of those for whom they are concerned; and whose interests they advocate; and not for their own advantage. And here it may be proper to observe, that though counsel may be considered in some respects as officers of the court, and in a certain degree subject to their controul and direction; yet, it is certain, while they act within the line of their duty, and the known sphere of their action as counsel, their rights are as sacred as those of the court; and they are, in performing their professional duty in a certain sense, as independent of the court, as the court are of them.
(To be continued.)
The article, which appears in this day's paper from the National Intelligencer, gives us some assurances that the American trade to the island of Jamaica, will not be suspended, as we and the inhabitants of that island had every reason to apprehend. What were the fears, and even the horrors entertained by those unfortunate colonial subjects, will too plainly appear from another article under the King's Head. In change in our commercial relations, altho' it has for the present superseded the necessity of any elaborate discussion on this subject, and a recourse to any countervailing expedients on our part will not prevent us from giving publication as we had first intended, to the following celebrated report of Mr. Jefferson on the state of our commercial relations with foreign countries. Considered in itself this report is eminently entitled to our consideration, from the luminous view of principles which it expounds, its comprehensive and critical statement of facts, and the fine polish which it presents to the curious politician, who wishes to engage in similar labours. We have only to lament that our own want
of general information, and of authentic documents, does not enable us to give it an appearance better adapted to the existing regulations of foreign countries. We should experience particular pleasure, if some competent person could be persuaded to undertake this useful and arduous office. Instead of the Exports of '93, as they appear in the two first tables, we have taken the liberty to substitute those of 1804. We were unable to correct the two last tables, from the want of authentic documents.
REPORT Of the Secretary of State, on the Privileges and Restrictions on the Commerce of the United States in Foreign Countries. Philadelphia, December 16, 1798.
SIR, ACCORDING to the pleasure of the House of Representatives, expressed in their resolution of February 23, 1791, I now lay before them, a Report on the Privileges and Restrictions on the Commerce of the United States in Foreign Countries. In order to keep the subject within those bounds, which I supposed to be under the contemplation of the House, I have restrained my statements to those countries only, with which we carry on a commerce of some importance, and to those articles also of our produce, which are of sensible weight in the scale of our exports; and even these articles are sometimes grouped together, according to the degree of favor or restriction, with which they are received in each country, and that degree expressed in general terms, without detailing the exact duty levied on each article.
To have gone fully into these minutiae, would have been to copy the tariffs and books of rates of the different countries, and to have hidden under a mass of detail, those general and important truths, the extraction of which in a simple form, I conceived, would best answer the enquiries of the House, by condensing material information within those limits of time and attention, which this portion of their duties may justly claim. The plan, indeed, of minute details, would have been impracticable with some countries, for want of information. Since preparing this Report, which was put into its present form, in time to have been given in to the last session of Congress, alterations of the conditions of our commerce with some foreign nations have taken place, some of them independent of the war, some arising out of it. France has proposed to enter into a new treaty of commerce with us, on liberal principles; and has, in the mean time, relaxed some of the restrictions mentioned in the report—Spain has, by an ordinance of June last, established New Orleans, Pensacola, and Saint Augustine into free ports, for the vessels of friendly nations having treaties of commerce with her, provided they touch for a permit, at Corrubia in Galicia, or at Alicante; and our rice is by the same ordinance, excluded from that country. The circumstances of the war have necessarily given us freer access to the West-Indian islands, whilst they have also drawn on our navigation, vexatious and depredations of the most serious nature. To have endeavored to describe all these, would have been as impracticable as useless, since the scenes would have been shifting, while under description. I, therefore, think it best to leave the report, as it was formed, being adapted to a particular point of time, when things were in their settled order, that is to say, the summer of 1792.
I have the honor to be, With the most profound respect, Sir, Your most obedient, and Most humble servant, TH: JEFFERSON. To the Speaker of the House of Representatives of the United States.
The Secretary of State, to whom was referred by the House of Representatives, the Report of a Committee on the written Message of the President of the United States, of the 14th of February, 1791, with instruction to report to Congress the nature and extent of the Privileges and Restrictions on the Commercial Intercourse of the United States with Foreign Nations, and the measures which he should think proper to be adopted, for the improvement of the Commerce and Navigation of the same, has had the same under consideration, and thereupon makes the following Report:
THE countries with which the United States have their chief commercial intercourse, are Spain, Portugal, France, Great-Britain, the United Netherlands, Denmark, and Sweden, and their American possessions: and the articles of export which constitute the basis of that commerce, with their respective amounts, are—
Table with 2 columns: Article, Amount. Articles include Bread-stuff, Tobacco, Rice, Wood, Salted Fish, Pot and pearl-ash, Salted meats, Indigo, Horses and mules, Whale oil, Flax-seed, Tar, pitch and turpentine, Live provisions, Ships, Foreign goods.
To descend to articles of smaller value than these, would lead into a minuteness of detail neither necessary nor useful to the present object.
The proportions of our Exports, which go to the nations before mentioned, and to their dominions, respectively, are as follows:
Table with 2 columns: Country, Amount. Countries include Spain and its dominions, Portugal and its dominions, France and its dominions, Great-Britain and its dominions, The United Netherlands and their dominions, Denmark and its dominions, Sweden and its dominions.
Our Imports from the same countries, are—
Table with 2 columns: Country, Amount. Countries include Spain and its dominions, Portugal and its dominions, France and its dominions, Great-Britain and its dominions, United Netherlands and their dominions, Denmark and its dominions, Sweden and its dominions.
These imports consist mostly of articles on which industry has been exhausted.
Our Navigation depending, on the same commerce, will appear by the following statement of the tonnage of our own vessels, entering our ports, from those several nations, and their possessions, in one year, that is to say, from October 1789, to September 1790, inclusive, as follows:—
Table with 2 columns: Country, Tons. Countries include Spain, Portugal, France, Great-Britain, United Netherlands, Denmark, Sweden.
Of our commercial objects, SPAIN receives favourably, our bread-stuff, salted fish, wood, flax-seed, pot, and pearl-ash. On our meals, however, as well as on those of other foreign countries, when re-exported to their colonies, they have lately imposed duties, of from half a dollar, to two dollars the barrel, the duties being so proportioned to the current price of their own flour, as that both together, are to make the constant sum of nine dollars per barrel.
They do not discourage our rice, pot and pearl-ash, salted provisions, or whale oil: but these articles, being in small demand at their markets, are carried thither but in a small degree. Their demand for rice, however, is increasing. Neither tobacco, nor indigo are received there. Our commerce is permitted with their Canary Islands, under the same conditions.
Themselves, and their colonies are the actual consumers of what they receive from us. Our navigation is free with the kingdom of Spain; foreign goods being received there in our ships, on the same conditions as if carried in their own, or in the vessels of the country of which such goods are the manufacture or produce.
PORTUGAL receives favourably our grain, and bread, salted fish and other salted provisions, wood, tar, pitch, and turpentine. For flax-seed, pot, and pearl-ash, though not discouraged, there is little demand.
Our ships pay twenty per cent. on being sold to their subjects, and are then free bottoms. Foreign goods (except those of the East-Indies) are received on the same footing in our vessels, as in their own, or any others; that is to say, on general duties of from twenty to twenty-eight per cent. and, consequently, our navigation is unobstructed by them. Tobacco, rice and meals, are prohibited.
Themselves and their colonies consume what they receive from us. These regulations extend to the Azores, Madeira, and the Cape de Verd Islands, except, that in these, meals and rice are received freely.
FRANCE receives favourably our bread-stuff, rice, wood, pot and pearl-ash. A duty of five sous the kental, or nearly four and an half cents, is paid on our tar, pitch and turpentine. Our whale-oils pay six livres the kental, and are the only foreign whale-oils admitted. Our indigo pays five livres the kental; their own, two and an half: but a difference of quality still more than a difference of duty, prevents its feeling that market.
Salted beef is received freely for re-exportation; but if for home-consumption, it pays five livres the kental. Other salted provisions pay that duty in all cases, and salted fish is made lately to pay the prohibitory one of twenty livres the kental.
Our ships are free to carry thither all foreign goods, which may be carried in their own, or any other vessels, except tobacco not of our own growth: and they participate with theirs the exclusive carriage of our whale-oils, and tobacco.
During their former government, our tobacco was under a monopoly, but paid no duties; and our ships were freely sold in their ports, and converted into national bottoms. The first national assembly took from our ships this privilege. They emancipated tobacco from its monopoly, but subjected it to duties of eighteen livres fifteen sous the kental, carried in their own vessels, and twenty-five livres, carried in ours; a difference more than equal to the freight of the article.
They and their colonies consume what they receive from us.
GREAT-BRITAIN receives our pot and pearl-ash, free, while those of other nations pay a duty of two shillings and three pence the kental. There is an equal distinction in favour of our bar-iron; of which article, however, we do not produce enough for our own use. Woods are free, from us, whilst they pay some small duty from other countries. Indigo and flax-seed, are free from all countries. Our tar and pitch pay eleven pence sterling the barrel. From other alien countries, they pay about a penny and a third more.
Our tobacco, for their own consumption, pays 1/3 sterling the pound, custom and excise, besides heavy expenses of collection. And rice, in the same case, pays 7/8 sterling the hundred weight; which, rendering it too dear, as an article of common food, it is consequently, used in very small quantity.
Our salted fish, and other salted provisions, except bacon, are prohibited. Bacon and whale-oils are under prohibitory duties: so are our grains, meals, and bread, as to internal consumption; unless in times of such scarcity as may raise the price of wheat to 50/ sterling the quarter, and other grains and meals in proportion.
Our ships, though purchased and navigated by their own subjects, are not permitted to be used, even in their trade with us.
While the vessels of other nations are secured by standing laws, which cannot be altered, but by the concurrent will of the three branches of the British legislature, in carrying thither any produce or manufacture of the country to which they belong, which may be lawfully carried in any vessels, ours, with the same prohibition of what is foreign, are further prohibited by a standing law (12. Car. 2. 18. §. 3.) from carrying thither all and any of our own domestic productions and manufactures. A subsequent act, indeed, has authorized their executive to permit the carriage of our own productions in our own bottoms, at its sole discretion; and the permission has been given from year to year by proclamation; but subject every moment to be withdrawn on that single will, in which event, our vessels having anything on board, stand interdicted from the entry of all British ports. The disadvantage of a tenure which may be so suddenly discontinued, was experienced by our merchants on a late occasion,* when an official notification that this law would be strictly enforced, gave them just apprehensions for the fate of their vessels and cargoes dispatched or destined to the ports of Great-Britain.
The minister of that court indeed frankly expressed his personal conviction that the words of the order went farther than was intended, and so he afterwards officially informed us: but the embarrassments of the moment were real and great, and the possibility of their renewal, lays our commerce to that country, under the same species of discouragement as to other countries, where it is regulated by a single legislator: and the distinction is too remarkable not to be noticed, that our navigation is excluded from the security of fixed laws, while that security is given to the navigation of others.
Our vessels pay in their ports 1/9. sterling per ton, light and trinity dues, more than is paid by British ships, except in the port of London, where they pay the same as British.
The greater part of what they receive from us is re-exported to other countries, under the useless charges of an intermediate deposite, and double voyage. From tables published in England; and composed as is said, from the books of their custom-houses, it appears that of the indigo imported there in the years 1773,—4,—5, one third was re-exported; and from a document of authority, we learn, that of the rice and
tobacco imported there, before the war, four fifths were re-exported. We are assured indeed, that the quantities sent thither for re-exportation since the war, are considerably diminished; yet less so than reason & national interest would dictate. The whole of our grain is re-exported when wheat is below 50/ the quarter, and other grains in proportion.
The UNITED NETHERLANDS prohibit our pickled beef and pork, meals and bread of all sorts, and lay a prohibitory duty on spirits distilled from grain.
All other of our productions are received on varied duties, which may be reckoned, on a medium at about three per cent.
They consume but a small proportion of what they receive. The residue is partly forwarded for consumption in the inland parts of Europe, and partly re-shipped to other maritime countries. On the latter portion they intercept, between us and the consumer so much of the value as is absorbed by the charges attending an intermediate deposite.
Foreign goods, except some East-India articles, are received in vessels of any nation. Our ships may be sold and naturalized there, with exceptions of one or two privileges, which somewhat lessen their value.
DENMARK lays considerable duties on our tobacco and rice, carried in their own vessels, and half as much more, if carried in ours; but the exact amount of these duties is not perfectly known here. They lay such an amount to prohibitions on our indigo and corn.
SWEDEN receives favourably our grains and meals, salted provisions, indigo, and whale-oil. They subject our rice to duties of sixteen mills the pound weight, carried in their own vessels, and of forty per cent additional on that, or 22 4-10 mills, carried in ours, or any others. Being thus rendered too dear as an article of common food, little of it is consumed with them. They consume some of our tobacco, which they take circuitously through Great-Britain; levying heavy duties on them also; their duties of entry, town duties, and excise, being 4. 31 dollars, the hundred weight, if carried in their own vessels, and of forty per cent on that additional, if carried in our own or any other vessels.
They prohibit altogether our bread, fish, pot and pearl-ash, flax-seed, tar, pitch, and turpentine, wood, (except oak timber and masts) and all foreign manufactures.
Under so many restrictions and prohibitions, our navigation with them is reduced almost to nothing. With our neighbours, an order of things much harder prevents itself.
* April 12, 1792. (To be concluded in our next.)
NEGOTIATION FOR LOUISIANA.
[The public have a right to know the history of their great public events. Much has been said concerning the extent of Mr. Livingston's instructions to negotiate for that important and extensive province; and many speculations have been published as to the respective merits of that gentleman, and of Mr. Monroe his colleague, in effecting the treaty. The business being now happily completed and adjusted to the satisfaction of Spain, France, the United States, and the inhabitants of the ceded country themselves, there seems to be a peculiar satisfaction in taking a minute review of this great transaction. With this intention we publish an account of the beginning with the progress of the treaty, until its conclusion on the 30th April, 1803. The facts are said to have been written from Paris to Doctor Mitchell by a gentleman of the first credibility and information there; and are substantially the same which were circulated at Washington while the treaty and convention for Louisiana were under consideration by the Senate and by Congress. They shew the bold and decided conduct of Mr. Livingston, and give a fair view of his talents as a negotiator, as well as of the share he had and the part he acted in the acquisition of Louisiana.]
Merc. Adv.
Mr. L. had long foreseen that the possession of the east bank of the Mississippi, to which alone the views of our government extended, would be insufficient to insure our tranquillity if an active, powerful, and enlightened people occupied the west bank, particularly that beautiful country that lies above the river Arkansas, opposite to our western establishments. He therefore, (though without powers) first endeavoured to satisfy the people in power at Paris, that the establishment would be of no use to them; and that if they possessed Louisiana, it was proper to give us all the country above the Arkansas, in order to interpose us between them and Canada. He got his reflections on this subject submitted to the First Consul, through the brother of the latter; and, notwithstanding his violent attachment to it, procured an assurance from him that some arrangement should be made satisfactory to us on this subject, & that it should be done in America by General Bernadotte.
In March, Mr. L. ventured upon what was there considered as a bold and hazardous measure, a direct and forcible address to the First Consul, particularly on the subject of our claims; upon which having received from him a positive assurance that they should be promptly & fully paid, Mr. L. began to look forward to this as a means of accomplishing his other objects because he felt an assurance that the First Consul could not go back from his personal promise; nor, in case of a war, which began to be probable, could he find any other means of discharging it.
The spirited conduct of our nation in the affair of New-Orleans was also of use, and so strongly pressed by Mr. L. that the French minister called upon him for some proposition relative to that country. Though wholly without powers, he ventured on the 14th of March to make them explicitly for the east side of the river, and all above the Arkansas, on the west; he received a verbal assurance a few days after that the next day should bring him a full and satisfactory answer; and he doubted not that such was prepared; when, unfortunately, letters from Mr. Pichon were received, "and that all was quiet." This determined them to wait to see whether the war would pass over, and whether a better bargain could not be made. But as our Minister continued to press the execution of their promise for the debt, and an explicit recognition of our right of depot, the First Consul announced to Council on the 8th (four days before Monroe arrived there) his determination to sell the country to us. The next day the minister called upon Mr. L. for a specific proposition. The day after (the business being put into Mr. Marbois's hands) the minister alarmed Mr. L. by pretending that he had no particular authority to speak to him on the subject, but again called on him to say what he would give. When our Minister heard of Mr. Monroe's landing at Havre, he refused to act till his colleague arrived; but asked why they wished him to propose for the whole of Louisiana, when he had only asked the east side of the river, and a portion of the west? The minister told him that he had asked all that was worth having, and therefore must take the whole; to which Mr. L. said he had no objection, but would now
wait till Mr. Monroe came up. On the morning of the 19th Mr. Monroe arrived. On the evening of the 13th Mr. Marbois called on Mr. L. and was surprised to see Mr. Monroe, not having, as he said, heard of his arrival; but, after a short visit, he begged that he would come to the treasury that evening at eleven. Mr. L. went accordingly, when they formally discussed the whole business of the cession, which Mr. L. told him he would communicate to Mr. Monroe, and he promised to get full powers; they were together till past two. The next day he presented Mr. Monroe to the minister, who received him politely, but said nothing of business. The great point having been got over (the difficulty of bringing the Consul to sell) their subsequent discussion related only to the price and matters of form; so that if Mr. Monroe had not been taken ill, and confined to his bed for ten or twelve days, having been taken the 4th day after his arrival, they would have agreed probably before the 20th of April. Mr. L. had to encounter great difficulties in this negotiation. He had alternated hopes and fears, even after they had determined to sell, and had called upon him for a proposition; and even after the arrival of Mr. Monroe at Havre there was a moment in which he might have doubted M. Talleyrand's sincerity, particularly when on the 10th he told him that his proposition was unauthorized. Mr. L. wished at that instant that Mr. Monroe had brought with him an assurance that New-Orleans was in our possession. This would not have injured us; but, as things have turned out, it is better that we did not seize it. There was a perfect accordance of sentiments between Mr. Monroe and Mr. L. in every measure that regarded the treaty, and in steps that had been taken to pave the way for its execution previous to his arrival. After that event nothing was left but some commercial arrangements, & the price; in which they met with much candour on the part of Mr. Marbois.
This treaty was considered at Paris as a most important acquisition, and procured Mr. L. the congratulations of all the corps diplomatique, who knew the difficulties he had to encounter on his arrival, and who were warmly and vainly soliciting the payment of their claims, while we had got ours so happily provided for.
Though the British have taken some merit for the treaty, they have not the least claim to it. Lord Whitworth declared, a few days before he left Paris, that Louisiana had never been an object of discussion between him and the French Government. This appears by the papers, laid before Parliament; and Lord Hawkesbury, in announcing the treaty declared he had no knowledge of it till it was communicated officially by Mr. King, who himself knew nothing of it till concluded.
The following decision in a British Court of Admiralty, however it may offend the interests of our merchants, is incontrovertibly supported by the laws of nations. If Hayti be still a colony of the French government, every contraband cargo which is bound to its ports, is liable to a seizure and confiscation by British vessels. It is vain to say, that Hayti is independent; that she has not only declared herself to be so, but is an independent government, but that she has defended her sovereignty against the force of the mother country. This is not the point. The only question is, has G. Britain acknowledged that independence? For until she has done so, the whole island of St. Domingo must still remain a colony of France, with respect to her own subjects. Some doubt indeed might have arisen about the rights of her subjects had the United States acknowledged the sovereignty of Hayti. But even this acknowledgment has not yet taken place.
That G. Britain has acknowledged the independence of Hayti has indeed been contended; and in a late trial at Jamaica, this was alleged as a proof of the fact that general Maitland had formerly entered into some negotiations with Toussaint. But no satisfactory testimony was introduced to prove the existence of this negotiation; and even had such a negotiation existed, would that have been considered as a sufficient recognition of the independence of Hayti? Did the British government acknowledge the independence of Toulon, when in the year '93 Lord Hood negotiated with the disaffected inhabitants for the surrender of that town?
BOSTON, May 9.
By capt. Nash, from Halifax, we have been favored with the following account of the trial and condemnation of the brig Happy Couple, of New-York:
The Happy Couple, Thomas W. Story, Mast.
THIS case was lately argued and decided in the Court of Vice-Admiralty at Halifax, upon two very important points: The one concerned the armament of American vessels—the other respected the right of carrying contraband articles to those parts of St. Domingo, under the dominion of what is now called the Empire of Hayti. The brig Happy Couple sailed from New-York in the month of Oct. last, completely armed and fitted for war, with a cargo consisting chiefly of gun-powder, bound to the ports of Gonaives and Port-au-Prince. She had under her convoy two fhrs. the Duff and the Ann, both of which had also gunpowder on board, bound to the same ports, and both of which were armed vessels. The three vessels failed under the following instructions from their owners:
"The Captains of both the fhrs. have orders to follow your directions as to the route of the passage, and to obey such signals as you may, in the course thereof, give for their government, either in sailing, or in case of your and their having recourse to arms in defence of your persons and the property committed to your charge and the protection of your guns, which we consider so competent to the security of all your little squadron, that nothing but some unforeseen misfortune, or bad management in case of action, or separation, (which we think, with care, is to be avoided) as to render the risk very small indeed; but in case the latter should happen, we have appointed Turks Island as the place of rendezvous, and that which ever arrives there first shall wait ten days to give an opportunity for the others to join them. If, on your passage out or home, you be met with by any armed vessel desiring to speak with you, it is our wish you would avoid it if possible, but not to leave the vessel under your charge; and if it should happen that any such vessel should come so near as to order you to come on board them, with your own or in their boat, you will, of course, by no means consent to leave your own vessel; but if they choose to come in their own boat, and examine your papers, you are not to prevent them, (all neutrals being obliged by law to submit to be visited) and in such case you will have hostages for their good behavior; but should they insist upon your hoisting out your own boat, and in case of your refusing to do so, you will be well to have the first blow, and give them a timely sample of your force; however, as we arm only for self defence in a lawful way, we in the most positive manner forbid your attempting to take possession of any vessel which you may engage, even if she should be so disabled as to with to surrender but leave them to help themselves as well as they can." The gunpowder amounting in the whole to upwards of 5000 casks, was destined

Yesterday the Federal Circuit Court commenced its session in the Capitol: Present, Judges Marshall and Griffin. The grand jury being impanelled with Wilson C. Nicholas their foreman, Mr. Marshall proceeded to deliver a most appropriate charge. He touched upon the general advantages of grand juries under a free government; he defined the particular limits of the jury, whom he was at that time addressing. Their jurisdiction was to be confined to every offence which came under the cognizance of the Federal Court. These offences had been designated by the constitution and the laws of congress. They were few in number, because the great mass of criminal jurisdiction had been placed under the superintendence of the states. But they were not unimportant in their nature, as they involved the peace, the facility, and the convenience of the country at large. Mr. Marshall then proceeded to an enumeration of the offences, which were placed under the cognizance of the Federal Court; which they themselves were bound by their oaths to inquire into and present, taking care to make no presentments which were not founded on the knowledge of two at least of their own body, and where the information came from any other person, to annex the name of the informer.
The last offence was that of treason, which Mr. M. defined in the language of the constitution, to be a "levying war against the U. S. or adhering to their enemies, giving them aid and comfort." He commented upon that admirable policy of our laws, which protects the individual on the one hand from the unwarranted persecution of the government, and on the other hand, protects the government from the treasonable designs of individuals. The fact is accomplished by securing every accused individual from conviction "unless on the testimony of two witnesses to the same overt act, or on confession in open court." The last is effected by extending the infectious influence of treason from those who are personally concerned, to every person who conceals his knowledge of the design. The last constitutes a new crime, under the name of misprision of treason, which he recommended in the second place to the investigation of the jury.
Murder was next placed on the catalogue of offences; but it was the duty of the federal jury not to inquire into every murder that is committed in any part of the country, but into such only as are perpetrated beyond the jurisdiction of each state, on the high seas, for example, in forts, magazines, arsenals, dock-yards &c. The concealment of this crime also constitutes a new offence which came within their cognizance, called a misprision of felony. Homicide also he recommended to their notice.
Mr. M. then expatiated at some length upon the tendency and definition of piracy; upon robbing the mail or post-office, in which case the offence of an officer of the department was more atrocious in its nature, and subjected to more rigorous punishment; upon the offence of negotiating with a foreign government or any of its officers, where the negotiator acted from his own free-will, and without the authority of his government.
The charges of Judge Marshall, in fact, was luminous and comprehensive . It embraced every object which a charge can officially comprehend, and it went no further. There was nothing extraneous; nothing extra-official in it. It laid down to the jury, the official duty which they were about to fulfil, without laboring to impress upon them a single inapposite idea which might have better suited any other place. There was not the slightest indication in it of a man, who "drest in a little brief authority" was ambitious to usurp a little more than belonged to him. There were no little political dogmas into; no extra-official speculations. There was nothing in it of the ancient spirit of a Chafe or a Wilson, of such judges, as convert a court of justice into a political Lyceum, and utter lectures on government instead of expounding the volume of criminal law. But Mr. Marshall's was the charge of a judge, who understood the limits to which his duty extended, and who embraced every legitimate object with the clearness of intuition.
Might not particular forms for these charges be made our, similar to the lit prayers in our churches, and distributed through all the federal circuit courts in the union? Might not these forms be composed by the supreme court of the United States and successively altered and adapted to the variations in the laws of congress?
The important mass of information which appears in this day's paper, has induced us to postpone the publication of much original matter.
Members in the next Assembly. Washington—Henry St. John Dixon, * John Gold. Bedford—James Leftwich, * Samuel Hancock. * New Members.
Dr. WILLIAM BHARE is elected a member of the Senate of this commonwealth, for the district composed of the counties of Albemarle, Amherst, Buckingham and Fluvanna. ROBERT NELSON is elected for the district composed of the counties of York, Warwick and Elizabeth-City.
MARRIED—On Wednesday the 8th inst. Dr. JAMES T. HUBARD of Petersburg, to Miss Susan WILCOX, of Buckingham county.
DIED—On Wednesday evening last, CAPT. JOHN DIXON, printer, of this city—a gentleman whose urbanity of manners and amiable disposition endeared him to all who had the pleasure of his acquaintance.
SURVEYOR'S OFFICE. J. WOOD, Mathematical Surveyor for the City of Richmond, informs those persons who may desire to have any Lots surveyed or divided, to apply at his house opposite to Mr. Copland's, Shoemaker-Hill: and when from home, to leave a card either there or at Mr. John Moodie's the corner of the square. All other surveyors are prohibited by an ordinance of the Common Hall from surveying any squares or lots, or running lines within the city bounds under the penalty of the legal fees of the city surveyor for every such offence. May 24. [seal]
TEN DOLLARS REWARD. RUNAWAY from the subscriber, living in New London on the 14th inst. a negro fellow named KITTY, of the middle size, rather slender made, supposed to be about twenty-two or twenty-three years old; clothed as follows: an old fine white broad cloth coat, without buttons, a striped Virginia cloth waistcoat, a pair of old black leather breeches, very large and long. It is to be observed that KITTY is a likely and very sensible fellow; he can read and write, and probably will furnish himself with a pass if I suppose he is with a negro fellow named Sam, who started about the same time from Mr. Tuball Early's, Bedford county. I will pay the above reward to any person who will deliver KITTY to me, or secure him in jail so that I can get him again. ROBERT GOOGINS. May 24. [seal]
at the mouth of the Wabash river. This convention is said to consist of delegates from all the North Western tribes: The object of their meeting is, to deliberate on the subject of going to war against the Osage Indians, on the Missouri, a nation with whom they have long been at enmity. It was remarked by a gentleman present at the convention, to a chief, as Mr. Jefferson was of a pacific temper, and averse to the effusion of blood, he would very probably use his exertions to prevent hostilities. But the Indians appeared to think, that the president had no right to interfere in a matter that peculiarly related to their own sovereignty. When the gentleman who brought this intelligence, left the Ohio, he had not learned the result of their deliberations. (Keen's Ky. paper.)
Miscellaneous.
FOR THE ENQUIRER.
TO MISS —, ON THE ANNIVERSARY OF HER BIRTH DAY—MAY—1805.
I. Lo! from the bosom of the spring, With rosy lip and fragrant wing, Defends enchanting May; Around her, vernal roses breathe, Her fairest flowers seem to wreath, To grace thy natal day. II. Thro' azure skies, the genial sun, Proud, his effulgent race to run, Directs his daz'ling car; Soft zephyrs blow, bright colors blend, And tempers for a while suspend Their wild, tumultuous war. III. Spontaneous beauties gild the globe, And deck her variegated robe, With each attractive die: Still is wild winter's wasteful strife, And nought but renovated life, Invites the ravish'd eye. IV. Hark! from the grove, with dulcet voice, The warbling choristers rejoice, Or mount on buoyant wing; Along old oaks' tranquil tides, The mariner securely glides, The verdant valleys ring. V. Auspicious omens! may they prove, The faithful harbingers of love, And future bliss to thee; May every joy thy withes crown, And chase the stormy clouds that frown On life's tempestuous sea. VI. May Virtue, faithful pilot, steer, Thy course thro' each revolving year, And each succeeding day; And when the scenes of life are o'er, May Angel's wait thee to the shore, Where blooms eternal MAY. EUGENIUS.
THE BLIND HUSBAND.
A citizen of Tauris, in easy circumstances, had a daughter he was fond of, but so miserably deformed, that nothing less than paternal love could render her supportable. Being desirous of providing for her, he resolved to marry her to a blind man, hoping that such a one not seeing her defects would not treat her with contempt. The design succeeded, and Umer, who espoused her, lived amicably with his wife. A short time after, there arrived at Tauris a famous oculist, who had the reputation of having restored sight to multitudes of people, and the old man was urged to consult him for his son-in-law; to which advice he replied, "I will carefully avoid that experiment, for if the oculist should restore my son-in-law to sight, he will soon restore me my daughter."
What finer case can Gassiesse select for bringing to issue their celebrated controversy on the duty of an universal sincerity? Was it the duty of the old man to seek the misfortune of a remedy, that might have restored his son-in-law to sight? is a question, that might well exercise all the ingenuity of the old and the new school. Gassiesse who puts this doctrine of sincerity to a most unresolvable test; who says, that the truth ought to be told at all times; that it ought never to be concealed; that we are bound to impart as much knowledge to every mind as it is capable of receiving, would of course inculcate the propriety of "burning light upon the sightless eye ball." But this duty would not appear equally clear to him who, considering sincerity not in the light of an absolute, but an instrumental virtue, is willing to modify its application by all the circumstances of the case. Few husbands are very deep espians; and no long investigation in such a case would be necessary to decide their choice. Exceptionally delighted as they are with the accomplishments, and mortified by the failings of their wives, few pleasures could enter the eye of sufficient malice, to charm away the disappointment and disgust which the visible deformities of such a wife are calculated to produce. In this, as in too many other cases, the apparent paradox of the Poet would perhaps become the oracle of eternal truth: "Where ignorance is bliss, 'Tis folly to be wise."
Gray's Ode on Eton College. Modern Chivalry. Judge Brackenridge has lately published two volumes, in continuation of his admirable production entitled Modern Chivalry. The delicacy and refinement of wit, pungency of satire, correctness of style, and energy of reasoning which run through the whole work, entitle it to rank as the best production of the present day. Tree of Liberty. (Penn.)
FROM THE AMERICAN DAILY ADVERTISER. Mr. Puffin. In looking over your paper of Friday last, I noticed a request that some one would inform to what cause the appearance of so much ice, at and near the banks of Newfoundland this spring, might be attributed—what becomes of it, &c.
That the article of ice is formed in abundance within the Polar Circles, I deem a fact which no one will feel disposed to question; this being granted, let us suppose there is a continued prevalence of northerly winds for eight or ten months, or more if necessary; it would then be rational to conclude that those immense bodies of ice (which have been perhaps for centuries congealing) might in that space of time be driven, not only from within the Arctic Circle, but even from the North Pole, into the latitudes in which they have been seen. As some of them are laid to rise 100 feet above the surface of the water, they must move before a heavy wind with considerable velocity. In ten months, allowing them only the rate of 9 miles in twenty-four hours, they would be driven from the Pole to the latitude of 45. The appearance of those mountains of ice is undoubted proof that northern winds have blown over these seas the principal part of the last fall and winter, and produced the uncommon severity of the season. When in the spring this ice reaches the temperate latitudes, it either sinks in consequence of becoming the denser body; the water being lighter in a low latitude than a high one, or is soon dissolved by the warmth of the water and the increasing power of the sun. Those immense shoals of fish mentioned by our mariners, until this spring unknown to Americans were undoubtedly rendered torpid by the cold, and driven from the northward with the fields of ice.
INDIAN TALE—The native story of the Princess Pocahontas has just issued from the pen of Mr. Davis of this city. It is a tale of interest, told with much ease and excellence of style. Phil. Gazette.
WASHINGTON, May 20.
Notice having been published and circulated four months since throughout the United States of a resolution, bearing date the 21st of November last, which had been passed by the lieut. governor and council of the island of Jamaica, prohibiting, after the expiration of six months from that date, the importation of provisions and lumber in American or other neutral vessels; and it having been represented at the same time, that the above mentioned resolution had taken place in consequence of instructions from his Britannic majesty's government of to peremptory a nature as not to leave the governor and council any latitude to attend to the remonstrance which had been made against the said resolution by the inhabitants of Jamaica: we are happy to learn from an authentic source that no orders have been sent by his Britannic majesty to the governors of his colonies in the West Indies by which they are deprived of the discretion formerly entrusted to them of relaxing under certain circumstances, the rigid provisions of the navigation laws, and that it is therefore presumable that as soon as the explanations on this subject shall have reached Jamaica and the other British colonies in the West Indies (where it is believed that they may be already arrived) the importation of provisions and lumber will again be permitted in American or other neutral vessels. Nat. Int.
KINGSTON, (J.) April 22.
The calamity impending over our heads, by the shutting the ports against the importation of American provisions, on the 21st of the approaching month, cannot be looked to without horror and dismay. To the interested clamours of a few individuals, situated on the barren and inhospitable shore of Nova Scotia, and to the gross misrepresentations of their upholders in Great Britain, thousands of lives may fall a sacrifice, and the colonies eventually be plunged in ruin. Of the incompetency of the island, aided by the efforts of the parent state, (in time of war) to supply its numerous population with provisions, even at an extravagant price, past years have afforded fatal proofs; yet, with increased numbers and diminished means, we are now to be left to the mercy of men, who, however all grasping their avarice, have neither capital, credit, nor other power whatever to provide for our wants.
His Majesty's ship Defiree, with the last division of the homeward bound fleet, failed from Port-Royal, yesterday morning.
All the Officers belonging to his Majesty's squadron, that were on shore yesterday, received a peremptory order, in the forenoon, to join their ships without delay; it is understood that nearly the whole of the ships of the line in Port-Royal harbour will go to sea immediately.
Captain Whitby, late of the Defiree frigate, is promoted to the command of the Centaur, of 74 guns. Ib.
CHARLESTON, May 11.
The Schooner Mary, Capt. Campbell, arrived this morning in 16 days from Kingston, (Jam.) Four or five days previous to the falling of the Mary, Admiral Cochrane arrived at Port-Royal, with seven sail of the line and a few frigates. No late accounts had been received of the French squadron; and it was the general belief, that they had returned to France. Capt. Campbell informs, that the Admiral failed from Port-Royal on the 24th ult. in the Northumberland, accompanied by two frigates, supposed for Barbadoes; where he was to take command of the windward station. The rest of the squadron, it appears from the Kingston papers, were expected to go to sea immediately after.
The Vanguard, Hercule and Theseus men of war, were lying at Port-Royal, when Cochrane arrived, and were attached to his squadron.
Letters from Jamaica state, that Admiral Cochrane, previous to his arrival at Port-Royal, had looked into the port of Santo Domingo; and found that the French fleet, after landing a reinforcement of troops, had sailed again. Times.
Domestic Intelligence.
R. ISLAND. His excellency Arthur Fenner, esq. is re-elected Governor of Rhode Island, and the hon. Paul Mumford, esq. Lieutenant Governor.
There are but 22 Federalists in the House of Representatives of this State, and not one in the Senate—making a Republican majority of 38 in the Legislature. Rhode-Island Rep.
PHILADELPHIA, May 16.
We learn with pleasure that Colonel Tonfard has received the appointment of Consul at New Orleans, from the Government of France, and that he was about to embark from Bordeaux in this city. Bradford.
A letter from Amsterdam contains this singular report, "I am informed by a gentleman who is said to have received it from Mr. Monroe at Paris, that the President of the United States has appointed General La Fayette, Governor of Louisiana. It is said the general will not accept the appointment, if he can sell the lands granted to him in America by Congress."—We give this report as it has been received, without any disposition, at present, to give it the least credit. Ref.
NEW-YORK, May 15.
The U. S. frigates John Adams, Capt. Shaw, and Gun-boats no. 3, 6 and 7 left this port on Monday for the Mediterranean. Mere. Adv.
On the 25th of March, the British House of Commons went into a committee on the commercial treaty with America, and agreed to a resolution to permit America to trade with that country in neutral bottoms under certain restrictions. The house being resumed, the report was received and a bill ordered.
[Nothing farther or more explicit on this subject, is contained in our late London papers.]
The ship Erin, Stephenson, from Baltimore, arrived at Lisbon the 2nd April, in 21 days passage. (This is the vessel in which it was reported Jerome Bonaparte and Lady embarked for France.)
Extract of a letter from the American consul at Tunis, dated January 16, 1805.
"A courier has arrived here from Tripoli, who left it on the 12th inst.—He brings no letters from the American Officers, but Mr. Mason says in his letter to me, that they were all well and in good spirits."
On Monday the 28th ultimo, Col. Aaron Burr, late Vice-President of the United States, arrived in Pittsburg; and the day following he failed for New Orleans. Wash. Federalist, May 9.
From the Pittsburgh Gazette.
Saturday evening last arrived in this town, Gideon Granger, Esq. Postmaster General of the United States. On Monday he proceeded on his way to Sandusky, where, we are told, he is appointed by the President to hold a conference with certain Indian nations, in order to extinguish their claim to land in that quarter.
CHARLESTON, May 9.
Gun-Boats Nos. 2 and 9, failed for the Mediterranean yesterday morning.
KENTUCKY.
By a gentleman from the lower part of this state, intelligence has been received, that a war council, consisting of about 500 Indians, has lately been held
NEW-YORK, May 14.
Extract of a letter from a gentleman of this city now in the Havana to the editors of the New-York Gazette, dated April 30.
"On Friday morning the 26th inst. at the hour of nine, Mr. Vincent Gray, the acting American Consul, was arrested in his house upon an order issued by the intendant general of the island; his papers both public and private seized and placed under seals; his office closed and sealed; and his person conveyed to the common prison of the city."
This measure was executed by six or seven of the officers of the intendency, accompanied by a lawyer and public notary. The whole object of their visit was not at once explained. The lawyer stated that he came on the part of the intendant to examine Mr. Gray respecting a vessel which had gone from this to another part of the island, and the captain of which had departed without paying the duties. The captain had also left some of his papers behind on one of which [a bill of sale] was a certificate of Mr. Gray's in his official capacity; relating merely to its execution—but which the wife counsellor of the intendant general (called affeior) construed into a connivance at the captain's delinquency!
As soon therefore as the foregoing examination was closed, which related solely to Mr. Gray's acknowledgement of the situation he held here, the officers announced their order to seize his papers; and which notwithstanding the remonstrances of Mr. Gray, they accordingly did. On finishing that, and not before, they announced their further orders to convey him to prison, which was also done.
In the foregoing proceeding, which occupied two or three hours, the officers prevented any person from entering or leaving the house of the Consul; and placed Mr. Morton the former consul, now here on private business, and residing with Mr. Gray, also under arrest or confinement; and took his deposition as to his appointment of Mr. Gray when he (Mr. M.) formerly left the island to return to America. They would not permit Mr. Morton to have any communication with the governor, intendant or any other person, until they were conveying Mr. Gray to prison when they gave Mr. M. his liberty.
Mr. M. immediately returned to the officer with whom the affair originated, and stated to him the serious consequences which might ensue, not only to the American commerce at this moment but as compromising the future peace of the two countries; following this by an appeal to the governor and captain general of the island.
Those remonstrances, aided by the exertions of several private individuals of the place, among whom Mr. C. Frazer, and Mr. Chester were conspicuous, Mr. Gray was in the evening, about 9 o'clock, restored to his personal liberty, having previously given security to await the issue of the suit upon which he had been arrested. The governor declared that the affair had been without his knowledge, and that he considered it as a violent and improper procedure on the part of the intendant general; who also declared that he had signed the order, (as he does many papers) presented to him by his affeior or counsellor without having examined or known its contents; and afterwards declared to Mr. G. that he would have the author of it punished. Notwithstanding, all those declarations, however, the seals remained on Mr. G.'s office and papers until this moment of writing; causing thereby a total suspension of public business and imposing an absolute embargo upon many vessels whose papers are deposited in the consulate. How long this will continue it is impossible to say.—The governor is fearful of acknowledging his having received and still admitting a public resident; and the others are desirous of fixing it upon his excellency although all of them have occasionally communicated with Mr. Gray in his official capacity. The governor last evening declared to him and Mr. M. that he would this day bring the affair to some decision; Mr. G. having previously assured his excellency that he would otherwise be obliged to abandon the affairs and papers of the United States, and dispatch a person with information thereof to our government.
A public dinner is this day to be given to Mr. Gray by the Americans, as a testimony of their respect for his character, and their sense of his public services.
A few days more will give a new and very different aspect to our affairs in this quarter. MAY 3.—A public dinner was given to Mr. Gray as above stated, attended by sixty American merchants and masters of vessels; an account of which will be sent to you. The embargo on the public papers still continues excepting the registers of vessels, which have been surrendered; and of course all protection of property as it respects the consular office is for the present at an end. What the final result will be God only knows.
What an insight does this transaction give us, into the defective policy of the Spanish government! A "public resident" is received by the governor of Havana; who at the very time is "fearful of acknowledging him." He is led away to prison by an order of the intendant general whom the governor accuses of "violent & improper procedure." This order is issued by the intendant without the slightest examination or knowledge of its contents: he simply complies with the solicitation of his affeior; and even he determines without evidence and acts upon suspicion. What opinion then must we form of a government, under which the sacred privileges of a public resident are thus exposed to violation from the mere suspicions of a very subordinate officer; of a government, where there is such an endless clashing and competition between the different departments, that the minister of finance may exercise a power which the executive magistrate does not hesitate to pronounce "violent and improper?" This is the same scene which we saw acted over at New Orleans, when the American traders were denied the right of deposit. We saw on that occasion that neither the governor nor the intendant general were sufficiently acquainted with the extent of their peculiar functions. Their common sovereignty over the court of Spain, had not definitely marked out their respective spheres of action: for we saw the intendant assuming a power and justifying it too by the orders of his court, which to the governor of New Orleans appeared no better than an usurpation.
Sometimes 'tis true the colonial officers of Spain, instead of possessing or assuming too much are endowed with too little authority to act even in the most simple concerns. An American captain told the editor last summer that he had lately visited the Bay of Honduras with a cargo of Flour, that having arrived at his destined port, the collector had refused him permission to dispose of his cargo; his vessel however having sustained some injury, he had solicited and even demanded the right (under the 10th article of the treaty) of selling as much Flour as would pay for the expenses: that the collector did not conceive himself to be invested with sufficient power to grant even this small request; and he was obliged to wait until he could dispatch a special messenger across the Isthmus, to solicit and obtain this privilege of the governor of Guantana. If the colonial governments of Spain, be so irregular and defective in their operation, what must we think of the court of Spain itself? Or is it fair to conclude of the political as we do with respect to the human body, that where the extremities are so feeble, the heart itself must partake of the disorder?
West-Indies.
NEW-YORK, May 15, Captain Morgan, from Jamaica, informs us that Admiral Cochrane's squadron arrived there on the 19th April, having been joined by the Centaur of 74 guns, and the Circe Frigate, who immediately sailed in pursuit of the French squadron. An embargo of 15 days was taken off on the 1st April, and one third of the Militia, which had been under arms, were dismissed. A proclamation had been issued prohibiting the exportation of all provisions for 9 weeks. Commodore Hood, who has been succeeded on that station by Admiral Cochrane, failed for England the 18th April. Merc. Adv.
for the empire of Hayti, under a contract made with Dessalines by some merchants residing at New-York; and the object of the armament was absolutely to force this trade through the French privateers cruising off the island of Saint Domingo. The brig and the ship's Duff delivered their respective cargoes at Saint Marc, the Ann having foundered at sea, and the brig on her voyage back to New-York with a return cargo, and the ship Alert of Boston, also armed, and another vessel under her protection, were captured by the Cambrian frigate, and brought to Halifax for adjudication. The two important points before mentioned were very fully argued before Alexander Croke esq. Doctor of Laws, and Judge of the Vice-Admiralty Court at Nova-Scotia, a civilian of very able and distinguished talents. The judge in giving his sentence observed, "that there were in this case two circumstances of a new & extraordinary nature, which very properly engaged his majesty's cruiser attention: Upon the first ground it appeared that neutral vessels, completely armed and fitted for war, had been discovered sailing on the high seas united in convoy under one common plan and one common set of instructions. Self-defence, he remarked, was one of our most sacred and im-prescriptible rights, and upon this general principle—men, who form part of any government, are allowed to arm for their own safety and protection; a position obviously admitted in the cases of the Maria and Elsebe, as had been properly observed by the council for the claimants. It was not material in the present case, whether the convoy was or was not armed by the authority of the government of the United States; that was a question between the American government and its own citizens."
An authority, either express or tacit, might be reasonably presumed, as it was not to be supposed that the subjects of any country would act in violation of their own laws. With regard to the instructions given to the master by his owners, the judge observed, that although they were in some respects objectionable, yet, taking them collectively with the affidavits of the master and others of the crew, who positively swore there was no intention whatever of resisting the search of British vessels of war, even of inferior force, there was no ground to suppose that hostility or resistance was intended by them.
"As to the mode of search, the belligerent had a right to send a boat on board for that purpose; and if a British cruiser, under any circumstance of suspicion, had ordered the master of this ship to come on board of him and he had refused, the judge said he would have held the vessel and cargo, failing under such instructions, liable to confiscation. But in the present case he would ask against whom was the armament intended? The master says it was solely intended against the French, and indeed there seems to be a general reason why the Americans should have been armed in this trade, as they were supplying the island of St. Domingo in opposition to the French privateers who were committing depredations on their commerce."
The judge then remarked, "that as by the examination and the exhibits in the case, it appeared beyond a doubt that there was an actual necessity for an armament upon such a voyage, and as there had been no resistance made or intended to be made against a British cruiser, he should determine, that the whole of the armament was lawful, although at the same time he would acknowledge, that this armament, lawful in itself, might have been rendered otherwise by the improper conduct of the master. Upon the second ground, however, he could not but say, that the ship and cargo stood in a more perilous situation. It was not, he observed, an ordinary case of contraband. It was the execution of a contract of very great extent to supply a self-elected government with an unlawful article of the most offensive nature.—The single question, whether or not the island of St. Domingo was a French island, would decide the point. Particular dates and periods must be referred to. Santa Domingo originally belonged to Spain; the western portion of it was ceded to France by the treaty of Ryswick, and the eastern part was afterwards surrendered to that country by the Spaniards in 1785. By the insurrection of slaves against their masters, encouraged and instigated by the Jacobin government of France; a written constitution was formed under Toussaint, in 1801, and according to that constitution recognized by France, it was allowed to be a colony of the French government. Setting out then from this period, as the first ground or basis, by what means has it since become independent."
"It is not because the most horrible barbarities that can disgrace human nature have been wantonly perpetrated in that devoted island by the insatiable blacks, for the purpose of drawing out or exterminating the proprietors. Might does not constitute right. France has all along retained, and still retains her right to the island of St. Domingo, and nothing but the present war prevents her pursuing the means to regain it. Is the independence of that island acknowledged by France or Great-Britain? It is possible England may have taken a part, and although according to Vattel, third parties may interfere by the law of nations, yet the judge conceded it was to be regretted that an interference had so often taken place. The judge further remarked, "that no paper had been issued from the British government declaring itself in alliance with the Empire of Hayti, so called. That nothing appeared to warrant such an opinion. The master had stated he believed Dessalines was at peace, and co-operating with the British arms, because the commander of the English Schooner of war Superior, told him so, and because the secretary of Dessalines had informed him that Admiral Duckworth had dispatched two frigates to act with Dessalines off St. Domingo. But the judge was of opinion, that the whole of this evidence consisted only of rumours, reports, and hearsays, and that, supposing it to be true, it would amount to nothing more than that Dessalines wished to preserve a good understanding with the British government. It was not improbable that Admiral Duckworth might send a small squadron to act against the common enemy, which, with the new self-created government, could not be any other than limited assistance. Many reasons would suggest themselves as to the impropriety of co-operating in a struggle of this nature, but, said the judge, from principles of general justice and policy, it cannot be encouraged by the British government in the heart of their own islands. The judge then concluded by observing, that, feeling himself bound to decide upon the basis or principle of St. Domingo being a colony of France, and having no proof to countervail it, he could not but pronounce the ship and cargo forfeited, the owners having carried to an enemy's colony upwards of four thousand barrels of gun-powder, of which the present cargo was in part the return. He would acknowledge, however, for the satisfaction of the claimants, that an opportunity was afforded them of resorting to the High Court of Appeals, composed of many of his majesty's ministers, of men of pre-eminent talents, where the views of the British government concerning the island of St. Domingo could, to a certainty, be known, and where, if a doubt should exist with regard to the propriety of the present judgment, it would

European Intelligence.
By recent arrivals at Northern ports.
The Queen Dowager of Prussia died on the 25th February in her 34th year. The court of Great Britain was expected to go into mourning, as she was mother to the Duchess of York.
Old Madame Bonaparte has failed in her endeavors to effect a reconciliation between her sons Napoleon and Lucien; she has, however, interested the Pope and Talleyrand on the occasion, and much is expected from their interference.
The British government has determined on the following disposal of the treasure detained in the Spanish Plate ships, previous to the declaration of war. It is to be appropriated in the first instance to the discharge of certain long standing claims of British individuals against the Spanish government.
The Bank of England has given notice that after the 15th April no bills of Exchange or promissory notes, dated after that day, will be discounted, unless accepted payable at the Bank of England or at the bankers in London.
The Marquis Cicello, and suite (late Neapolitan Ambassador) embarked in the same vessel which carries the Staff of Gen. Craig. This proves the destination of the grand expedition to be the Mediterranean.
LONDON, March 26.
Government received information yesterday, that his Majesty the King of Prussia had sent instructions to his Minister at Paris, to present an immediate remonstrance to the French government against the blockade of Lubeck, &c. to demand that the French troops occupying the passage to that city, shall be instantly withdrawn.
Piombino has been erected into a principality, and the princess Eliza has been invested with the sovereignty of it, but as a fief to France. The ostensible motive for the erection of this new power in the heart of Italy, is to succour the French Garrison in the island of Elba, and to provision it when necessary.
The Catholic petition was yesterday presented to parliament by Lord Grenville and Mr. Fox; but did not as was expected, give rise to any discussion. In the house of lords, Lord Auckland expressed a hope that the subject would be completely, coolly, and dispassionately discussed; and Lord Hawkesbury announced his determination to oppose the prayer of the petition.
In the house of commons Mr. Cartwright said he had been always in hopes that it would not be brought forward as long as an insurmountable objection to it existed. They who presented it knew this insurmountable objection existed, and he was surprised therefore, that they should bring it forward.
The discussion of the petition in the house of commons was fixed for the 9th of May. No day has yet been fixed for its discussion in the lords.
We repeat the opinion we have more than once expressed, that the petition could not have been presented at a more unseasonable time; and we suggest one remark to the consideration of our readers, that compliance with the wishes of the catholics must necessarily end in the repeal of the test and all the acts that affect protestant dissenters.
Our first account, which some foreign advices inconfiderably contradicted has been proved to be correct, and Bonaparte has added the title of king of Italy to that of emperor of France. The Italian consulta of state and the deputation of the Italian republic headed by the vice-president Meizi proceeded in great state to the Thuilleries on the 18th, where Bonaparte received them seated on his throne, and surrounded by the princes of his house, and the great officers of state.
M. Meizi then addressed him in a short speech, in which he pronounced a condemnation of the constitution which had been given to the Italian republic—a constitution which he considered as the mere creation and creature of circumstances, too feeble to be permanent or respectable. He then read in Italian the reformation passed by the consulta, in which, after declaring the government of the Italian republic an hereditary monarchy, on the same principles as those which constitute the government of the French empire, they declare Napoleon Bonaparte, king of Italy, and the throne hereditary in his direct and legitimate male descendants, natural or adoptive.
Bonaparte excepting the proffered crown with great willingness, reminded the consulta of the benefits he had conferred on them, and acknowledged that the separation of the crowns of Italy and France might at present be fatal to the existence of the former, contented to keep the crown, till the moment should arrive in which he should be able to place it on a younger head, "who shall continue my work, and be ready to sacrifice his life to the happiness of the people, over whom providence, the constitution, and my will shall have called him to reign."
Repairing from the Thuilleries to his senate, Bonaparte was there surrounded by Mr. Talleyrand who in much the same style as the duke of Buckingham, enumerated the reasons and arguments that should induce an imperial majesty graciously to accept the Italian crown. His Italian majesty is immediately to repair to Milan to be crowned, and to give a definitive constitution to his new kingdom.
This day arrived in this harbor Mr. Rofs, an English messenger, with John P. Morier, Esq., his Britannic majesty's consul general to the Moors, his secretary, and suite.
General Sir James Craig, Sir John Stuart and General Vernon, yesterday took leave of his majesty, and will set off this day to assume their command in the secret expedition. General Tilton is also to serve in it; and brigadier-general Slade has been removed from the eastern to the south-western district, to supply his place.
Orders were last night sent from the admiralty to hasten the sailing of the above expedition as much as possible.
We have received Paris Journals to the 21st and Dutch Journals to the 27th. The latter announce the confirmation, by the Legislative Body, of the proposal of the State Directory, respecting the new Constitution, & the mode of electing M. Schimmelpennick, in consequence of his conge d'elire from Paris.
The Paris Gazettes mentions the death of Admiral Bruix; and the approaching christening of the infant Napoleon Louis, by the hands of the Holy Father. The Sovereign Pontiff, it is said, will be allowed to recross the Alps, after this ceremony, and will pass the Easter week at Lyons, on his journey.
The Boulogne flotilla have again begun to venture into the outer Roads. On Wednesday about 150 of their gun-boats and large praams made their appearance in the outer Roads, where they practiced some manoeuvres, but took care to keep under the protection of their batteries.
The Lords Commissioners of the Admiralty have been pleased to order Lord Gardner to send out frigates to cruise for the Protection of the homeward-bound Leeward Island fleet.
The whole of the troops destined for the Mediterranean, under the command of Sir James Craig, were embarked on Saturday, and the expedition has probably by this time proceeded on its voyage. Among the corps employed in this important service are the 39th, 44th, 48th, 58th, 21st Regiments of Foot, & the 9th Light Dragoons.
The troops under orders for the East-Indies will also sail in the course of a few days. The officers belonging to the corps destined for this service received orders on Saturday to join forthwith their respective regiments; and the most prompt exertions will be made to repair the losses we have recently sustained in those distant possessions.
Saturday letters were received in town from the squadron off Ferrol, by the Malta, of 84 guns, arrived at Plymouth. The French and Spanish ships there are reported to be in readiness for sea. The Malta was lately engaged with the batteries of the harbour, and so much damaged as to be obliged to return to refit.
GOTTENBURGH, March 14.
Letters received from Lubeck, to-day, confirm the accounts brought by last post, that French troops occupy all the villages round that city, and that no wagon or cart with goods is permitted to come out of it: the object of this, it is said, is to stop all English commodities. Great fears are, however, entertained, that it is not the only one, but that contributions will also be demanded.
ROTTERDAM, March 26.
While our paper of this day was at the press, we received two publications from the state directory; the one relative to the payment of a fourth, fifth and sixth instalment of the extraordinary impost; the other containing a plan of a constitution for the Batavian people.
I. "That as speedily as possible, after the receipt hereof, the administrations of the communes shall lay copies of this publication at a sufficient number of public places, within their communes, for inspection. II. "That on Tuesday the 9th of April next, public registers shall be opened in each commune of the Batavian republic, and an opportunity be given to all citizens of the Netherlands, of the age of 20, and by article 25 of the present constitution; not excluded from voting, to give their votes on the proposed plan of the constitution, the nomination of Rutger Jan Schimmelpennick to the post of first penfionary, and his qualification for introducing that constitution.
III. "That the registers of votes be closed on the 16th of April next, and then the result be transmitted to the state directory as speedily as possible, and before the 25th of the same month, by the administrations of the communes together with a list of the probable numbers of citizens in their communes, who have a right to vote; in order to publish the result immediately to the Batavian people, when all those who have a right to vote, but have not given in their votes, will be considered as having approved of the plan of the constitution."
CORFU, Dec. 25.
This day arrived in this harbor Mr. Rofs, an English messenger, with John P. Morier, Esq., his Britannic majesty's consul general to the Moors, his secretary, and suite. They came from Patras, in Greece, and were landed at the Lazaretto from on board an English frigate, called the Margiana, captain Rynsfjord. They wait the arrival of Charles Arbuthnot, Esq., the English ambassador to Constantinople, who is every day expected from Trieste.
This day, 24th, at an early hour, the Russian flags were hoisted at the Old and New Forts, and there was a discharge of 27 pieces of cannon, in honour of the birth day of Alexander the First. It was answered by all the Russian men of war in the roads. At noon the whole of the Russian troops, consisting of about ten thousand were drawn up on the great square. There are now in these roads two Russian regiments of the line, and four large troop ships. They are also in hourly expectation of six more ships of the line, with troops on board, from the Black Sea, under the order of admiral Crouse, an Englishman.
The Porte has sent Selim Aly Effendi here.—The greatest harmony subsists between the English, Russian and Turkish ministers. This place is considered, in point of military strength, next to Gibraltar and Malta. With provisions adequate to its garrison, it would stand a siege of years. It has a beautiful safe harbour, and twenty sail of the line might ride with the greatest ease and safety in it.
A regulation in fwood and hat are to be immediately adopted by the officers of the navy.
NEW-YORK, May 15.
At a late hour last evening, the ship Union, captain Johnson, arrived at this port in 34 days from Liverpool; and the Editor of the MERCANTILE ADVERTISER has received by her a file of London papers and Lloyd's Lists, each to the 5th of April, inclusive—being later by fourteen days than our advices by the William Penn.
LONDON, April 5.
Bonaparte has been chosen King of Italy. The decrees of government are now issued in the name of "Napoleon, by the grace of God, and the constitutions, Emperor of the French, and King of Italy."
Intelligence is hourly expected respecting the Brest fleet, as by the latest accounts there was a probability of a partial action at least being bro't on between it and our Channel fleet.
The accounts received do not agree in every particular, as our readers will see by comparing the subjoined letters. They both bring down the intelligence to the same date, but the first says our vessels had been drawn off, while the other states, that when the accounts left the fleet, the Windsor Castle, of 98 days, the van ship, was then actually engaged with the enemy.
We cannot reconcile those accounts but by supposing that the latter left the fleet at a later hour (though on the same day) than the former. We ought to add, that our Plymouth letter is from a gentleman who has the best means of being well informed, and whose communications we have generally found to be perfectly correct.
Extract of a letter from an officer on board one of our frigates, dated the 30th ult. off Ushant.
"I dare say the papers have by this time given an account of the Brest fleet attempting to come out; the manner I will tell you. On Sunday morning last, a convoy was observed under the land, apparently bound to Brest, which, after being attacked by two of our brigs, took shelter under the battery of St. Matthew. Tuesday, at day-break three fail were seen coming out of the harbour, as if to protect them in, when we immediately chased, and with our small squadron, viz. three frigates & two brigs, made them all take shelter under the batteries, of which we informed the Admiral by a cutter, who sent us two line of battle ships, the Colossus and Belerophon when we all got under weigh, and stood right in, with intent to cut them out, when the whole Brest fleet, viz. twenty-one sail of the line, six frigates, and a brig, immediately got under weigh, and stood out. A grander sight, you can hardly imagine. The cutter was again dispatched to our fleet, and at half past four, eighteen sail joined us, and every one expected, and indeed longed to begin, when the Admiral made a signal to haul off. The enemy were at anchor nearly within gun shot of us. They have all returned into port."
Plymouth, April 3.
"This day letters have been received from the Channel fleet, cruising off Brest, by which it appears, that on Saturday last, the French fleet, consisting of 21 sail of the line, five of which were three deckers, besides several very heavy frigates, were lying at anchor in Bertheaume Road, near Brest, and that great hopes were entertained that an action would be brought on between the two fleets, as the British were at that time very near them; and when the account came away, the Windsor Castle, of 98 guns, captain Gould, which was the van ship of the fleet, was firing at the French ships from both sides. The wind was at that time strong westerly, so that if the French were, as usual, disposed to be very shy, they would endeavour to skulk again into Brest, as the wind favoured such a purpose. We are hourly looking out for further accounts from them. The Hibernia, of 120 guns, and the Ajax, of 80 guns, failed from hence on Monday last, and, no doubt, have reinforced the British ere this."
This day we received French Journals to the 25th ult. and Dutch to the 19th ult. From the latter we learn by a letter from Madrid, that an attack is meditated against Gibraltar, in which the Spaniards expect to be aided by a secret understanding within the garrison.
Price of flocks this day at one o'clock. Consols, for money, 5 1-4—for acc. 57 13-48 Omnium 2 1-4 2 1 2 prem.
The French Government, on the 7th of March, under the signature of Napoleon, published a new Tarif of Duties upon merchandise imported into France, including amongst others, the following articles:
Table with 2 columns: Article Name, Price per cwt. Articles include Un wrought Steel, Aloes, Quick Silver, Arsenic, Mahogany, Dittos from the French Colonies, Cocoa, Dittos from the Colonies, viz. Duty of Entry, Duty for consumption, Coffee, Dittos from the French Colonies, viz: Duty of Entry, Duty for consumption, Campher, Hinglas, Cordage, Horse hair, Turtle shells, Tin, Elephant Teeth, Pepper, Dittos from French Colonies, Pitch, Peruvian Bark, Rhubarb, Rice, Saraparilla, Tea from whatever country it may come.
Cat-Indies.
From India unfavourable accounts were confirmed, and some official details are published respecting the defeat of Col. Monson, with 8000 men by Holkar. The amount of loss stated to be uncertain, and no returns are given; but a private letter, dated the 9th of November, mentions that the details given out as official were only a blind to cover the total annihilation of that army, not above 200 including officers, having come in, out of seven battalions. The letter adds, that, Gen. Lake had since the defeat, come up with Holkar, and had routed his ca-
valry, on the 7th of October, but the action was by no means decisive, and it was thought that Holkar had only penetrated by him making a shew of fighting while he moved off his artillery and infantry to a distance. Col. Murray had, however, been successful in a march against Gudore, Holkar's capital, which surrendered without resistance on the 26th August. On the 27th October Gen. Lake and Col. Murray were pressing in different directions with a view to hem in Holkar's army. The judicious plans of operation pursued by Holkar were believed to receive material assistance from several French officers.
In consequence of this unpleasant intelligence from India, several ships with a number of troops were ordered for that quarter. Earl Chatham is expected to succeed Gen. Lake in command, and eventually be successor to marquis Cornwallis, as governor general. Three separate naval commands were contemplated in the Indian seas, under Sir Edward Pellew, Sir Thomas T. C. B. Trowbridge and Sir Sidney Smith. Admiral Trowbridge was to fail in the Behar, 74, early in April. The several ships were to carry 50 stout healthy boys each, for the purpose of being put on board the king's ships on that station.
NEW-YORK, May 14.
A gentleman who arrived in town on Sunday from Calcutta has favoured us with the perusal of a file of Calcutta papers to the end of November. These papers are exclusively occupied with the details of battles, and the awful consequences of wide-wasting war. On the 18th of November a tremendous engagement took place at Deeg between the British army under the command of Major-general Frazer, and the forces of Holkar, in which the latter were defeated with the loss of 2000 men killed and drowned. Near 400 British troops fell on the occasion.
It is dreadful to think at what expense of human beings England is prosecuting her ambitious and aggrandizing views. Thousands of lives and millions of money are squandered, apparently without remorse or reflection, in acquiring and enlarging a territory to which she cannot even pretend a right, save the right of conquest. Daily Adv.
VIRGINIA, to wit.
At a Chancery District Court, held in the City of Williamsburg the 6th day of April, 1805:
Jethro Darden and Stephen Hooker, surviving partners of Elisha & Jethro Darden and Stephen Hooker, Against
Oxley and Hancock, Defendants. THE Defendants not having entered their appearance and given security according to the act of Assembly and the rules of this Court, and it appearing to the satisfaction of the court, that they are not inhabitants of this country, on the motion of the plaintiffs, by their counsel, it is Ordered, That the said defendants do appear here on the first day of the next term, and answer the bill of the plaintiffs; and that a copy of this order be forthwith inserted in some newspaper of the City of Richmond, for two months successively, and posted at the front door of the former capitol in this city.
A Copy, Teste, ANTY ROBINSON, C. C. (F2m) Wt.
MAY 17.
VIRGINIA. At a Superior Court of Chancery held at the Capitol in the city of Richmond the 23rd day of March, one thousand eight hundred and five—
Between James Brown and Edward Dudley, Mary Payne, Aaron Fontaine and John Hancock, Defendants.
THE defendants Mary Payne, Aaron Fontaine and John Hancock, not having entered their appearance and given security according to the act of Assembly, and the rules of this court, and it appearing to the satisfaction of the court, that they are not inhabitants of this country; on the motion of the plaintiff, by counsel, it is ordered that the said defendants do appear here on the first day of the next September term, and answer the bill of the plaintiff, and that a copy of this order be forthwith inserted in some newspaper published in the city of Richmond for two months successively, and posted at the front door of the Capitol in the said city.
A Copy, Teste, P. TINSLEY, C. C. MR. (eF2m)
MAY 3.
VIRGINIA. At a Superior Court of Chancery held at the Capitol in the city of Richmond, the sixth day of March, one thousand eight hundred and five—
Between John Street, and Archibald Gracie, Daniel Anderson & William Twitty, Defendants.
THE defendant Archibald Gracie, not having entered his appearance and given security according to the act of Assembly, and the rules of this court, and it appearing to the satisfaction of the court, that he is not an inhabitant of this country; on the motion of the plaintiff, by counsel, it is ordered that the said defendant do appear here on the first day of the next September term, and answer the bill of the plaintiff; and that a copy of this order be forthwith inserted in some newspaper published in the city of Richmond for two months successively, and posted at the front door of the capitol in the said city.
A Copy, Teste, P. TINSLEY, C. C. (eF2m) R.
TO MR. CHRISTOPHER JOHNSON, OF SOUTH-CAROLINA.
SIR, As you are not a resident of this commonwealth, 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 June 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 Fulliam, John Fretwell, 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. BERRYMAN JOHNSON. Louisa county, and state of Virginia, April 30, 1805. (eF4w)
TO RENT.
THREE small tenements convenient to the capitol, two of brick with four rooms in each, and one of less size, of wood. Wm. PRICE.
WHO HAS FOR SALE, 2 fine mules 4 years old. April 30. eF4t.
FISHER & LESUEUR, HAVE JUST RECEIVED, A LARGE SUPPLY OF GROCERIES, viz:
Muscovado Sugar, Pepper, Pimento, Cloves, Best Green Coffee, Nutmegs, Mace and Coffee, Double and single refined, Madder, Brimstone, Alum and Copperas, Retail Molasses and Treacle, Spanish & Bengal Indigo, Old Antigua, Jamaica, Spermaceti Oil, Santa Cruz, St. Kitts, Coloring, Old Cogniac Brandy, Pickled Salmon and Cod, Holland Gin, New-York Candies and Madeira, Port, Sherry, Soap, Teneriffe and Malaga, Gun Powder, Wine, Patent Shot from 1 to 24, Bottled Port and Claret, Thomas Leper's Stout, Caldwell, Fraiture & Co's, Maccabca, Superfine Chocolate, Porter Corks, Young Hyson, Souchong, Gin Cakes, Imperial, and a few can- Demijohns, nisters containing 1/2 lb. Plain qt & pint Decanters, Gun-powder Tea, Plain qt & half pint do., Scotch Barley, Plain and cut half pint, Fresh Oil and Olives, pint & quart Tumblers, Basker Salt, Cut Jelly Glasses, Fresh Mustard, China Bowls from 1 pint to 6 quarts, Spanish Segars, Tea and Coffee Cups and saucers, Martinique, Noyau and Bordeaux Cordials, Box Raisins & Almonds, Patent Night Lamps, Race & ground Ginger.
ALSO—A QUANTITY OF GERMAN OSNABURGS & TICKLENBURGS.
All of which were selected for this market by J. Fisher, and will be sold Wholesale and Retail on moderate terms. March 30. (eopf)
JUST RECEIVED, AND FOR SALE BY THE SUBSCRIBER,
FOUR hundred pieces House Paper, Philadelphia Beer by the barrel, a small quantity of first quality New-England Cheese; also 400 barrels Corn. EDWARD HALLAM. April 6. (lawf.)
TO BE SOLD,
On liberal credit, and in lots to suit purchasers,
FROM two hundred and fifty to three hundred acres of LAND, in the county of Henrico, about four miles from Richmond—a distance which renders it but little liable to pillage, yet sufficiently near to one of the best and most improving markets in the United States.
The advantages of small farms near large towns, are so obvious and generally admitted, as not to require particular enumeration. Persons residing in the city with large families, and who are obliged to keep horses, would be able in one year to save more than the original purchase. For further particulars enquire of Mr. Thomas Norvell. May 14. [oatf.]
BENJAMIN STETSON,
INFORMS his friends and the public in general, he has for sale, 400 gallons Holland's Linseed Oil, White Lead and Spanish Brown ground in Oil, Patent Green ground in ditto, Verdigrise and Spanish Brown, dry; 8 by 10 Window Glass, & Putty; 2d, 3d, 4d, 6d, 8d, 10d, and 20d Nails, two Casks Spike Nails, Bar Iron, German and Blistered Steel; general assortment of Iron Hollow Ware; 10 Hhds. Molasses, French Brandy, West-India and New-England Rum, Tea, Coffee, Loaf and Brown Sugar, Chocolate, Mens, fine and coarse Shoes, Ladies Kid & Morocco and Leather Slippers; 8 Boxes Cotton and Wool Cards assorted; half pint and quart Tumblers, small invoice elegant cut glass, stone ware, German Ozenburgs, 50 sacks Salt, Novascotia Grind Stones, and many other articles in store, which he will sell cheap for cash or country produce. April 2. (law12m)
THE subscriber wishes to sell the HOUSE & LOTS in Williamsburg, where he has resided the last year—there are four acres of ground, with a comfortable dwelling, and every necessary out-house; has new enclosures, is situated in an agreeable part of the city, and possess the advantage of having excellent water on the spot. The terms are one thousand dollars. WILLIAM M'ANDLISH. Williamsburg, March 12. (34&law2m)
THE subscribers are in immediate want of ten tons or thereabouts of clean merchantable bamp, for which they will give a liberal price in cash. PROSSER & MONCURE. May 3. (fa)
TO MR. WILLIAM TAFF;
TAKE NOTICE, That on the 10th day of July next, at the Tavern kept by William Montague in the county of Essex, I shall proceed to take the depositions of John Montague, William Montague, Leonard Jackson, Spencer Clark, Thomas Palmer, Robert Palmer, Travis Taff, Beverly Cloudas and Rachel Cooper, by virtue of a commission issued from Essex County Court, in a suit therein depending in Chancery, in which you are Plaintiff and I am Defendant. PETER TAFF. Essex County, April 30. (ep4w)
BROKER'S OFFICE.
THE Subscriber has opened a Broker's Office, opposite the Union Tavern, and over the Counting-house of Thomas and Amos Ladd. All business confided to him, will be transacted with strict fidelity. THOMAS NORVELL.
He has for sale—A FEW SHARES IN THE MANCHESTER TURNPIKE. Also—Old State Certificates, bearing six per cent interest. March 12. (f)
COMMITTED to the jail of Powhatan county, on the 3d day of April, a Negro Woman who calls herself JENNY. She says she was raised by Wm. Gathright, of the county of Henrico, who sold her to Mr. Fulcher, the butcher, of Richmond, and by him sold to one Williamson, who sold her to one Webster, of Buckingham, who sold her to a Mr. John Cambell, of King & Queen county, who left her at Lewis Fortine's, a free Negro of this county; from which last place she eloped. She appears to be about the age of 16 or 17, is very black, and has lost some of her upper fore teeth. The owner is desired to come and prove his property, pay the prison charges, and take her away, or she will be dealt with as the law directs. MOSES N. CARDOZO, Jailor. Powhatan Courthouse, May 17. (f)
CASH
WILL be given for 12 or 15 BOYS, from 7 to 15 years old. Enquire of the Printers. Dec. 15. [eopf.]
A SMALL INVOICE OF LAW BOOKS,
Just received and for sale at the ENQUIRER-OFFICE, among which are the following: viz:
TUCKER'S BLACKSTONE, 6 vols. 20 00, Modern Reports, 12 vols. 31 00, Burn's Justice, 4 vols. 12 00, Gilbert's King's Bench, 2 00, Moseley's Reports, 2 00, Plowden's do. 2 vols. 7 00, Hardwicke's do. 3 00, Bunbury's do. 3 00, Strange's do. 2 vols. 7 00, Pleader's Assistant, 9 00, Hullock's Law of Coffs, 3 00, Taylor's Reports, 3 00, Park on Insurance, 3 00, Wilson on Fire, 1 50, April 19.