The enquirer (Richmond, Va.), 1805-03-28 00:00:00

THE ENQUIRER.
THE ENQUIRER.
RICHMOND, (Virginia) PUBLISHED BY RITCHIE & WORSLEY, OPPOSITE THE POST-OFFICE...AT FIVE DOLLARS PER ANNUM...payable in advance.
RICHMOND, (Virginia) PUBLISHED BY RITCHIE & WORSLEY, OPPOSITE THE POST-OFFICE...AT FIVE DOLLARS PER ANNUM...payable in advance.
NUMBER 99.]
NUMBER 99.]
THURSDAY MORNING, MARCH 23, 1805.
THURSDAY MORNING, MARCH 23, 1805.
[VOLUME 1.]
[VOLUME 1.]
CONDITIONS.
CONDITIONS.
I. THE ENQUIRER will appear twice a week...II. Terms of payment FIVE DOLLARS per annum...III. ADVERTISEMENTS...IV. SUBSCRIBERS
I. THE ENQUIRER will appear twice a week...II. Terms of payment FIVE DOLLARS per annum...III. ADVERTISEMENTS...IV. SUBSCRIBERS
Sales at Auction.
Sales at Auction.
Friday the 29th inst. at the Auction room of the subscribers, will be sold without reserve...20 bds. and 27 barrels Brown Sugar...
Friday the 29th inst. at the Auction room of the subscribers, will be sold without reserve...20 bds. and 27 barrels Brown Sugar...
Sales at Auction.
Sales at Auction.
Wednesday, the 10th day of April next, will be sold, at Public Auction...ALL his HOUSEHOLD and KITCHEN FURNITURE...
Wednesday, the 10th day of April next, will be sold, at Public Auction...ALL his HOUSEHOLD and KITCHEN FURNITURE...
Auction Sales.
Auction Sales.
THOMAS TAYLOR & Co. WILL in future sell at the store occupied by M. W. Hancock & Co. on Wednesdays...
THOMAS TAYLOR & Co. WILL in future sell at the store occupied by M. W. Hancock & Co. on Wednesdays...
FAIRFIELD RACES.
FAIRFIELD RACES.
On Monday the 6th day of May, The FAIRFIELD JOCKEY CLUB CUP will be run for...The JOCKEY CLUB PURSE...
On Monday the 6th day of May, The FAIRFIELD JOCKEY CLUB CUP will be run for...The JOCKEY CLUB PURSE...
WEIGHTS AS FOLLOWS
WEIGHTS AS FOLLOWS
Table with 2 columns: Age, Weight. Rows: 6 years old (128 lbs), 5 do. (118 lbs), 4 do. (106 lbs), 3 do. (90 lbs).
Table with 2 columns: Age, Weight. Rows: 6 years old (128 lbs), 5 do. (118 lbs), 4 do. (106 lbs), 3 do. (90 lbs).
ESME SMOCK, who is now proprietor of the Course, informs gentlemen of the Turf...ESME SMOCK. (optd)
ESME SMOCK, who is now proprietor of the Course, informs gentlemen of the Turf...ESME SMOCK. (optd)
LAND FOR SALE.
LAND FOR SALE.
A TRACT of about 850 acres, lying on James River, adjoining the town of Lynchburg...LEWELLEN JONES. (optd)
A TRACT of about 850 acres, lying on James River, adjoining the town of Lynchburg...LEWELLEN JONES. (optd)
TRATED from the subscriber, on the 14th day of February last, about six miles from the Coal Pits...HELLERY MOSELEY. March 23. optd
TRATED from the subscriber, on the 14th day of February last, about six miles from the Coal Pits...HELLERY MOSELEY. March 23. optd
TO BE SOLD—FOR READY MONEY, In pursuance of a decree of the Circuit Court of the United States...JOE SCOTT, N. V. V.
TO BE SOLD—FOR READY MONEY, In pursuance of a decree of the Circuit Court of the United States...JOE SCOTT, N. V. V.
The sale will take place at the Oxford Iron Works...BEN. MOSBY, N. V. V. March 1, 180
The sale will take place at the Oxford Iron Works...BEN. MOSBY, N. V. V. March 1, 180
ROBERT GAMBLE & SONS, HAVE FOR SALE, AT THEIR STORE IN THIS CITY, ON THE MOST REASONABLE TERMS: ONDON particular Madeira Wine...
ROBERT GAMBLE & SONS, HAVE FOR SALE, AT THEIR STORE IN THIS CITY, ON THE MOST REASONABLE TERMS: ONDON particular Madeira Wine...
MR. ROBERT HILL, PLEASE to take notice, that on the 30th day of this present month...PETER H. WARE. Fluvanna, March 23.
MR. ROBERT HILL, PLEASE to take notice, that on the 30th day of this present month...PETER H. WARE. Fluvanna, March 23.
NEAL NELSON, BOOT & SHOE MANUFACTURER, MAIN-STREET, RICHMOND.
NEAL NELSON, BOOT & SHOE MANUFACTURER, MAIN-STREET, RICHMOND.
MAKES Boots & Shoes to any pattern or fashion...with Boots or Shoes as well as they were on the foot...
MAKES Boots & Shoes to any pattern or fashion...with Boots or Shoes as well as they were on the foot...
MAP OF VIRGINIA. PROPOSALS FOR PUBLISHING BY SUBSCRIPTION, FORMED FROM ACTUAL SURVEYS...BY JAMES MADISON, D. D. PRESIDENT OF WILLIAM & MARY COLLEGE.
MAP OF VIRGINIA. PROPOSALS FOR PUBLISHING BY SUBSCRIPTION, FORMED FROM ACTUAL SURVEYS...BY JAMES MADISON, D. D. PRESIDENT OF WILLIAM & MARY COLLEGE.
TO which will be added, A MAP of the greater part of the State of Ohio...The price to subscribers will be eight dollars...[COPY RIGHT SECURED.]
TO which will be added, A MAP of the greater part of the State of Ohio...The price to subscribers will be eight dollars...[COPY RIGHT SECURED.]
In offering the above work to the public, the proprietors are sensible that excellence is not often attainable...WILLIAM PRENTIS. Peterburg, February, 1805.
In offering the above work to the public, the proprietors are sensible that excellence is not often attainable...WILLIAM PRENTIS. Peterburg, February, 1805.
NOTICE. ALL persons indebted to the late firm of BUCHANAN, DUNLOP & CO. of Petersburg...
NOTICE. ALL persons indebted to the late firm of BUCHANAN, DUNLOP & CO. of Petersburg...
THE Subscriber intends to practise LAW in the County Courts of Mecklenburg, Halifax, Lunenburg and Brunswick...RICHARD APPERSON. February 19. ET8w
THE Subscriber intends to practise LAW in the County Courts of Mecklenburg, Halifax, Lunenburg and Brunswick...RICHARD APPERSON. February 19. ET8w
15th Authority. LAWS OF THE UNITED STATES.
15th Authority. LAWS OF THE UNITED STATES.
AN ACT, Making appropriations for the support of the military establishment of the United States...BE it enacted, by the Senate and House of Representatives...
AN ACT, Making appropriations for the support of the military establishment of the United States...BE it enacted, by the Senate and House of Representatives...
MATH. MACON, Speaker of the House of Representatives. A. BURR, Vice-President of the United States...TH: JEFFERSON.
MATH. MACON, Speaker of the House of Representatives. A. BURR, Vice-President of the United States...TH: JEFFERSON.
Authorizing the Post-Master-General to make a new contract for carrying the mail from Fayetteville...TH: JEFFERSON.
Authorizing the Post-Master-General to make a new contract for carrying the mail from Fayetteville...TH: JEFFERSON.
BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled...TH: JEFFERSON.
BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled...TH: JEFFERSON.
NATHL. MACON, Speaker of the House of Representatives. A. BURR, Vice-President of the United States...TH: JEFFERSON.
NATHL. MACON, Speaker of the House of Representatives. A. BURR, Vice-President of the United States...TH: JEFFERSON.
IMPEACHMENT OF JUDGE CHASE.
IMPEACHMENT OF JUDGE CHASE.
MONDAY, February 11, 1805. (Continued.) WM. S. BIDDLE, Sworn. Mr. Randolph. Were you present at the trial of John Fries? Answer. I was. Mr. Randolph. Were you present when the written opinion of the court was handed down? A. From the length of time which has passed I have not a very distinct recollection of the circumstances that occurred. Mr. Randolph. Did you take a copy of that opinion, and was that copy the whole or a part of it? A. I did take a copy in part; I took the substance in regard to the point of treason, but I believe I did not copy the whole. Mr. Randolph. Were there other copies taken? A. I know of one taken by Mr. Rawle. Mr. Randolph. Was any application ever made to you to deliver up the copy in order to destroy it? A. Never. Mr. Randolph. Did you communicate to any persons the substance of the copy? A. Never, until during the last session of Congress, in conversation with Mr. Dallas. I mentioned my being possessed of it, and he expressed a desire to see it, I repped over to my office and brought it. Mr. Randolph. Although you did not take a copy of it verbatim, did you take the substance of it? A. I did. Mr. Randolph. Would you know that copy? A. I subscribed my name to it. Mr. Randolph. Is that the paper? (showing a paper.) A. Yes, it is. Mr. Randolph. Did you hear much conversation about the paper at that time? A. I have no distinct recollection; I attended the trial of Fries and others for treason, but I do not recollect any conversation about it.
MONDAY, February 11, 1805. (Continued.) WM. S. BIDDLE, Sworn. Mr. Randolph. Were you present at the trial of John Fries? Answer. I was. Mr. Randolph. Were you present when the written opinion of the court was handed down? A. From the length of time which has passed I have not a very distinct recollection of the circumstances that occurred. Mr. Randolph. Did you take a copy of that opinion, and was that copy the whole or a part of it? A. I did take a copy in part; I took the substance in regard to the point of treason, but I believe I did not copy the whole. Mr. Randolph. Were there other copies taken? A. I know of one taken by Mr. Rawle. Mr. Randolph. Was any application ever made to you to deliver up the copy in order to destroy it? A. Never. Mr. Randolph. Did you communicate to any persons the substance of the copy? A. Never, until during the last session of Congress, in conversation with Mr. Dallas. I mentioned my being possessed of it, and he expressed a desire to see it, I repped over to my office and brought it. Mr. Randolph. Although you did not take a copy of it verbatim, did you take the substance of it? A. I did. Mr. Randolph. Would you know that copy? A. I subscribed my name to it. Mr. Randolph. Is that the paper? (showing a paper.) A. Yes, it is. Mr. Randolph. Did you hear much conversation about the paper at that time? A. I have no distinct recollection; I attended the trial of Fries and others for treason, but I do not recollect any conversation about it.
Mr. Randolph. Can you tell whether the contents became known to any of the jurors? A. I cannot. Mr. Harper. I observe the paper contains notes and references to authorities; were they taken from the paper handed down by the court, or were they made by yourself? A. I cannot say as to those at the bottom; those at the end were all my own. Mr. Martin. Do you know whether the judges or the district attorney knew you had a copy? A. I do not. WM. RAWLE affirmed.
Mr. Randolph. Can you tell whether the contents became known to any of the jurors? A. I cannot. Mr. Harper. I observe the paper contains notes and references to authorities; were they taken from the paper handed down by the court, or were they made by yourself? A. I cannot say as to those at the bottom; those at the end were all my own. Mr. Martin. Do you know whether the judges or the district attorney knew you had a copy? A. I do not. WM. RAWLE affirmed.
The circuit court of the United States fat in Philadelphia in April 1800. As the former proceedings in relation to the prisoners indicted for treason were considered at an end, except from the intervention of an act of Congress, it appeared to me most regular to quash all the previous proceedings. I made a motion to this effect, which was granted. On the same day the court charged the grand jury, and I sent to them bills against John Fries, and other persons charged with treason and other offences. The bill against John Fries was returned on the 16th a true bill and he was immediately brought up, arraigned and pleaded not guilty. Messrs. Lewis and Dallas appeared as counsel for Fries. Copies of the indictment and lists of the jurors and witnesses were furnished to Fries as directed by law. The bringing on the trial was postponed on account of the absence of George Mitchell, whom I deemed to be a material witness. According to my best recollection it was not intended that John Fries should be tried on the 22d, the first day alluded to. I cannot say that John Fries was arraigned at the bar. That circumstance does not appear on the minutes of the Clerk of the court. It was certainly not my intention that he should be brought up, but he may possibly have been brought through mistake. Shortly after the court met, Judge Chase observed, that as much time had been lost on the former trial or trials, the court had determined to express their opinion in writing, on the point of law, that they might not be misunderstood; that they had there fore committed that opinion to writing, and that the Clerk had made copies of it, one of which should be given to the district attorney, one to the counsel for the prisoner, and one the jury should take with them; as these words were pronounced, several papers, I think three, were handed down or thrown down, as it were, my back was to the court, and whether this was done by Judge Chase or the clerk, I know not. I immediately took up the one intended for me and began to read it, but calling my eyes to the opposite side of the table, I saw Mr. Lewis with another copy before him, looking at it, apparently, with great indignation, and then throwing it on the table. I am pretty clear that nothing passed between the court and the counsel in the course of that morning. I observed much agitation among the gentlemen of the bar, who were conversing with each other with apparent warmth but baying at that time, a very great burthen of criminal prosecutions on me, my attention was much engaged, and I did not hear distinctly what was said, nor did I know, until the court rose that there was a probability of the counsel for John Fries declining to act. I think that twenty-one persons were that day brought before the court, charged with seditious combinations, and who submitted to the court. The court rose pretty early in the morning, and intimated that I should not call any witnesses in relation to the submissions until the trial for treason were over. When the court rose I learnt from several gentlemen, that Mr. Lewis and Mr. Dallas were dissatisfied with the conduct of the court, and meant to decline acting as counsel for Fries, and I have an indistinct recollection that I heard something of this kind drop from Mr. Dallas himself. I went home, and had been there but a few minutes, when Judge Chase and Judge Peters came in. We went into another room, and Judge Peters began by expressing a good deal of uneasiness, from an apprehension that the gentlemen assigned as counsel for John Fries would not go on. Judge Chase said that he could not suppose that that would be the consequence. I supported the idea which Judge Peters had expressed; I told him the gentlemen of the Philadelphia bar were men of much independence of character, and that unless those persons were withdrawn, and the business conducted as usual at our bar, they probably would desist from conducting the defence. My recollection at this distance of time cannot be very distinct, but I am pretty well satisfied that Judge Chase expressed his regret that the conduct of the court should be so taken, and said, that he did not mean, that any thing which he had done should preclude the counsel from making a defence in the usual manner. Judge Peters asked if I would consent to go out, and undertake to recover the papers. I said I had no objection, and both the judges concurred in requesting me to do so. I recollected seeing Mr. Edward Tighman and Mr. Thomas R. for engaged in making copies—I did not recollect to have seen any others so engaged. I went to their houses and asked for the copies, which were readily given, and took them to Mr. Caldwell clerk of the court. I asked him if he had noticed any others to have been taken? He said, he thought a copy had been taken by Mr. William Meredith. I desired him to go to him and endeavor to recall it. I did not know that Mr. Biddle, who was then a student in my office, had taken a copy in part, or I should have desired him to give it up. From some circumstances which I do not recollect, I find that I did not hand my own copy to Mr. Caldwell. I now have it in my possession. The paper was not read, I think, by any but those who transcribed it, and I entertained an anxious hope, after what had taken place, that the gentlemen would proceed with the defence of the prisoner. I shall now take the liberty of referring to some original notes made by me at the time—from which I can state what passed the following morning—So far as they go, I believe them accurate, though they may not relate to me all that was said. On the 22d April, John Fries was brought and put to the bar, Messrs. Lewis and Dallas attending. The court asked if we were ready to proceed. Mr. Lewis rose and said, if employed by the prisoner, I should think myself bound to proceed, but being assigned—he was here interrupted by Judge Chase, who said, "you are not bound by the opinion delivered yesterday, you may confess it on both sides." Mr. L. answered, I understand; that the court had made up their minds, and as the pri-
The circuit court of the United States fat in Philadelphia in April 1800. As the former proceedings in relation to the prisoners indicted for treason were considered at an end, except from the intervention of an act of Congress, it appeared to me most regular to quash all the previous proceedings. I made a motion to this effect, which was granted. On the same day the court charged the grand jury, and I sent to them bills against John Fries, and other persons charged with treason and other offences. The bill against John Fries was returned on the 16th a true bill and he was immediately brought up, arraigned and pleaded not guilty. Messrs. Lewis and Dallas appeared as counsel for Fries. Copies of the indictment and lists of the jurors and witnesses were furnished to Fries as directed by law. The bringing on the trial was postponed on account of the absence of George Mitchell, whom I deemed to be a material witness. According to my best recollection it was not intended that John Fries should be tried on the 22d, the first day alluded to. I cannot say that John Fries was arraigned at the bar. That circumstance does not appear on the minutes of the Clerk of the court. It was certainly not my intention that he should be brought up, but he may possibly have been brought through mistake. Shortly after the court met, Judge Chase observed, that as much time had been lost on the former trial or trials, the court had determined to express their opinion in writing, on the point of law, that they might not be misunderstood; that they had there fore committed that opinion to writing, and that the Clerk had made copies of it, one of which should be given to the district attorney, one to the counsel for the prisoner, and one the jury should take with them; as these words were pronounced, several papers, I think three, were handed down or thrown down, as it were, my back was to the court, and whether this was done by Judge Chase or the clerk, I know not. I immediately took up the one intended for me and began to read it, but calling my eyes to the opposite side of the table, I saw Mr. Lewis with another copy before him, looking at it, apparently, with great indignation, and then throwing it on the table. I am pretty clear that nothing passed between the court and the counsel in the course of that morning. I observed much agitation among the gentlemen of the bar, who were conversing with each other with apparent warmth but baying at that time, a very great burthen of criminal prosecutions on me, my attention was much engaged, and I did not hear distinctly what was said, nor did I know, until the court rose that there was a probability of the counsel for John Fries declining to act. I think that twenty-one persons were that day brought before the court, charged with seditious combinations, and who submitted to the court. The court rose pretty early in the morning, and intimated that I should not call any witnesses in relation to the submissions until the trial for treason were over. When the court rose I learnt from several gentlemen, that Mr. Lewis and Mr. Dallas were dissatisfied with the conduct of the court, and meant to decline acting as counsel for Fries, and I have an indistinct recollection that I heard something of this kind drop from Mr. Dallas himself. I went home, and had been there but a few minutes, when Judge Chase and Judge Peters came in. We went into another room, and Judge Peters began by expressing a good deal of uneasiness, from an apprehension that the gentlemen assigned as counsel for John Fries would not go on. Judge Chase said that he could not suppose that that would be the consequence. I supported the idea which Judge Peters had expressed; I told him the gentlemen of the Philadelphia bar were men of much independence of character, and that unless those persons were withdrawn, and the business conducted as usual at our bar, they probably would desist from conducting the defence. My recollection at this distance of time cannot be very distinct, but I am pretty well satisfied that Judge Chase expressed his regret that the conduct of the court should be so taken, and said, that he did not mean, that any thing which he had done should preclude the counsel from making a defence in the usual manner. Judge Peters asked if I would consent to go out, and undertake to recover the papers. I said I had no objection, and both the judges concurred in requesting me to do so. I recollected seeing Mr. Edward Tighman and Mr. Thomas R. for engaged in making copies—I did not recollect to have seen any others so engaged. I went to their houses and asked for the copies, which were readily given, and took them to Mr. Caldwell clerk of the court. I asked him if he had noticed any others to have been taken? He said, he thought a copy had been taken by Mr. William Meredith. I desired him to go to him and endeavor to recall it. I did not know that Mr. Biddle, who was then a student in my office, had taken a copy in part, or I should have desired him to give it up. From some circumstances which I do not recollect, I find that I did not hand my own copy to Mr. Caldwell. I now have it in my possession. The paper was not read, I think, by any but those who transcribed it, and I entertained an anxious hope, after what had taken place, that the gentlemen would proceed with the defence of the prisoner. I shall now take the liberty of referring to some original notes made by me at the time—from which I can state what passed the following morning—So far as they go, I believe them accurate, though they may not relate to me all that was said. On the 22d April, John Fries was brought and put to the bar, Messrs. Lewis and Dallas attending. The court asked if we were ready to proceed. Mr. Lewis rose and said, if employed by the prisoner, I should think myself bound to proceed, but being assigned—he was here interrupted by Judge Chase, who said, "you are not bound by the opinion delivered yesterday, you may confess it on both sides." Mr. L. answered, I understand; that the court had made up their minds, and as the pri-
soner's counsel have a right to make a full defence, and address the jury both on the law & the fact, it would place me in too degrading a situation, and therefore I will not proceed. Judge Chase answered with apparent impatience—You are at liberty to proceed as you think proper, and address the jury and lay down the law as you think proper. Mr. L. was answered with considerable emphasis, I will never address the court in a criminal case on the question of law. He then took a pretty extensive view on the propriety of going into cases decided before the revolution, and said if he was precluded from showing that the judges since the revolution in England had considered themselves bound by the decisions before the revolution, which ought not to be the doctrine in this country, he must decline acting as counsel for the prisoner. Judge Chase answered, Sir, you must do as you please. Mr. Dallas then addressed the court. He contended that the rights of advocates have been encroached upon by the proceedings of the day before. He went into a general view of the ground taken by Mr. Lewis, and concluded with his determination not to proceed as counsel for John Fries.
soner's counsel have a right to make a full defence, and address the jury both on the law & the fact, it would place me in too degrading a situation, and therefore I will not proceed. Judge Chase answered with apparent impatience—You are at liberty to proceed as you think proper, and address the jury and lay down the law as you think proper. Mr. L. was answered with considerable emphasis, I will never address the court in a criminal case on the question of law. He then took a pretty extensive view on the propriety of going into cases decided before the revolution, and said if he was precluded from showing that the judges since the revolution in England had considered themselves bound by the decisions before the revolution, which ought not to be the doctrine in this country, he must decline acting as counsel for the prisoner. Judge Chase answered, Sir, you must do as you please. Mr. Dallas then addressed the court. He contended that the rights of advocates have been encroached upon by the proceedings of the day before. He went into a general view of the ground taken by Mr. Lewis, and concluded with his determination not to proceed as counsel for John Fries.
Judge Chase then observed—No opinion has been given as to Fries in this case. I would not let the witnesses be examined in the combination cases, because I would not let the jury hear them before the trial of Fries came on. As to the law, I knew that the trial before had taken nine days—that many common law cases were cited, such as wishing a flag's horns in the king's belly, and that of a man's saying he would make his son heir to the crown; such cases ought not, shall not go to the jury. No case can come before me on which I have not a decided opinion as to the law, otherwise I should not be fit to preside here. I have always conducted myself with candor, and I meant, gentlemen, to give you trouble. It is not a respectful, nor is it the duty of counsel, to say they have a right to offer any thing they please. What if decisions in Rome, France, Turkey? No lawyer will say that common law cases are law under the statute of Edward the third, nor justify those judges who overrule the statute of William, and over-rule the necessity of having two witnesses to one overt act, and admit hearsay testimony to prove matters of fact. It is the duty of counsel to lay down the law, but not to read cases that are not law. Having thus explained the meaning of the court, you will find a quitted or co-joined to your own consciences, as you think proper to act. But gentlemen, do as you please. The court will, the district attorney will own the law, state his case, and produce his witnesses. You are at liberty to controvert the law as to the matter, but the manner must be regulated by the court. Judge Peters said you are to consider every thing done yesterday as withdrawn. Mr. Lewis replied, true, Sir, the papers are withdrawn, but the sentiments still remain, I shall not therefore act. Mr. Dallas expressed the same determination, which I did not make down.
Judge Chase then observed—No opinion has been given as to Fries in this case. I would not let the witnesses be examined in the combination cases, because I would not let the jury hear them before the trial of Fries came on. As to the law, I knew that the trial before had taken nine days—that many common law cases were cited, such as wishing a flag's horns in the king's belly, and that of a man's saying he would make his son heir to the crown; such cases ought not, shall not go to the jury. No case can come before me on which I have not a decided opinion as to the law, otherwise I should not be fit to preside here. I have always conducted myself with candor, and I meant, gentlemen, to give you trouble. It is not a respectful, nor is it the duty of counsel, to say they have a right to offer any thing they please. What if decisions in Rome, France, Turkey? No lawyer will say that common law cases are law under the statute of Edward the third, nor justify those judges who overrule the statute of William, and over-rule the necessity of having two witnesses to one overt act, and admit hearsay testimony to prove matters of fact. It is the duty of counsel to lay down the law, but not to read cases that are not law. Having thus explained the meaning of the court, you will find a quitted or co-joined to your own consciences, as you think proper to act. But gentlemen, do as you please. The court will, the district attorney will own the law, state his case, and produce his witnesses. You are at liberty to controvert the law as to the matter, but the manner must be regulated by the court. Judge Peters said you are to consider every thing done yesterday as withdrawn. Mr. Lewis replied, true, Sir, the papers are withdrawn, but the sentiments still remain, I shall not therefore act. Mr. Dallas expressed the same determination, which I did not make down.
A pause, for a few moments, took place; when Judge Chase said, you cannot put the court into a difficulty, by this conduct, gentlemen—you do not know me if you think so; and desiring the persons between him and the prisoner to stand aside, and addressing himself to John Fries, he asked, are you desirous of having other counsel assigned you, or will you go on to trial without? John Fries, after a pause, said he did not know what to do; he would leave it to the court. Under these circumstances I felt a repugnance to go on with the trial, not willing to act in a case so extremely singular. I therefore moved to postpone the trial to the next day,—the court readily concurred, and Fries was remanded to jail. On the 24th Fries was brought to the bar again. Judge Chase asked him if he had any counsel. He told the court that he relied on them as his counsel, and he expressed himself with a degree of firmness and composure that convinced me that his decision was formed on mature reflection. Then, Judge Chase answered, By the blessing of God we will be your counsel, and do you as much justice as those assigned you.
A pause, for a few moments, took place; when Judge Chase said, you cannot put the court into a difficulty, by this conduct, gentlemen—you do not know me if you think so; and desiring the persons between him and the prisoner to stand aside, and addressing himself to John Fries, he asked, are you desirous of having other counsel assigned you, or will you go on to trial without? John Fries, after a pause, said he did not know what to do; he would leave it to the court. Under these circumstances I felt a repugnance to go on with the trial, not willing to act in a case so extremely singular. I therefore moved to postpone the trial to the next day,—the court readily concurred, and Fries was remanded to jail. On the 24th Fries was brought to the bar again. Judge Chase asked him if he had any counsel. He told the court that he relied on them as his counsel, and he expressed himself with a degree of firmness and composure that convinced me that his decision was formed on mature reflection. Then, Judge Chase answered, By the blessing of God we will be your counsel, and do you as much justice as those assigned you.
The jury were then called over, and the court took pains to inform Fries of his right to challenge 35 without cause; and as many others as he could cause against. In every instance they appeared extremely anxious that he should defend himself. There were one or two friends near him, I believe, to assist him in his challenges. After the jurors had been severally passed by him, and before they were sworn, the court directed that they should severally be asked whether they had delivered an opinion on the subject. The first juror said he had not, and was sworn—the second said he had; he was then sworn to make true answers; and he declared that he had in a conversation said that these men ought to be punished—the court directed this person to be set aside, and he was not sworn on the trial.
The jury were then called over, and the court took pains to inform Fries of his right to challenge 35 without cause; and as many others as he could cause against. In every instance they appeared extremely anxious that he should defend himself. There were one or two friends near him, I believe, to assist him in his challenges. After the jurors had been severally passed by him, and before they were sworn, the court directed that they should severally be asked whether they had delivered an opinion on the subject. The first juror said he had not, and was sworn—the second said he had; he was then sworn to make true answers; and he declared that he had in a conversation said that these men ought to be punished—the court directed this person to be set aside, and he was not sworn on the trial.
The court afterwards directed the question to be some-what altered—"Have you formed or delivered an opinion &c." Before this question was put to more than three persons, it was again altered, and put in these words, "Have you formed and delivered any opinion?" Three, including the one already mentioned, answered affirmatively, and were set aside. The prisoner challenged, without cause, thirty-four of the panel. Twelve jurors were then sworn, and I opened the case in a very brief manner, laid down the law, and adduced the testimony. The trial lasted till the afternoon, and till the next day; the court retired twice for refreshment and repose. John Fries called no witnesses. But at the end of the examination of each witness called on the part of the prosecution, Judge Chase reminded him that he had a right to put any question to the witnesses that he thought proper, and told him to be cautious not to put any question the answer to which might injure him. When the evidence on the part of the prosecution had closed, John Fries expressed his determination to call none on his part. Then addressed the jury with the duty I had to perform, for I severely felt the unpleasantness of the situation in which I stood, acting against a man tried on a capital charge without professional assistance. The court then charged the jury, who retired, and in about half an hour returned with a verdict of guilty. There are all the general facts I recollect in relation to the trial. Mr. Rawle. Did you on the first day, the 22d of April, hear Mr. Lewis express in court
The court afterwards directed the question to be some-what altered—"Have you formed or delivered an opinion &c." Before this question was put to more than three persons, it was again altered, and put in these words, "Have you formed and delivered any opinion?" Three, including the one already mentioned, answered affirmatively, and were set aside. The prisoner challenged, without cause, thirty-four of the panel. Twelve jurors were then sworn, and I opened the case in a very brief manner, laid down the law, and adduced the testimony. The trial lasted till the afternoon, and till the next day; the court retired twice for refreshment and repose. John Fries called no witnesses. But at the end of the examination of each witness called on the part of the prosecution, Judge Chase reminded him that he had a right to put any question to the witnesses that he thought proper, and told him to be cautious not to put any question the answer to which might injure him. When the evidence on the part of the prosecution had closed, John Fries expressed his determination to call none on his part. Then addressed the jury with the duty I had to perform, for I severely felt the unpleasantness of the situation in which I stood, acting against a man tried on a capital charge without professional assistance. The court then charged the jury, who retired, and in about half an hour returned with a verdict of guilty. There are all the general facts I recollect in relation to the trial. Mr. Rawle. Did you on the first day, the 22d of April, hear Mr. Lewis express in court

any sentiments in regard to the paper which you say he viewed with such indignation? Mr. Rawle. I have no recollection of hearing Mr. Lewis say one word on that day. Mr. Randolph. You stated that on the next day, Mr. Lewis, when told by the court to proceed as he thought proper, answered that he never would address the court in a criminal case on a point of law, and urged the propriety of citing cases before the revolution, to show that the English Judges since the revolution thought themselves bound by cases before the revolution, which ought not to be the law in this country, and that if he was not permitted to do this, he would be obliged to abandon the defence? Mr. Rawle. Yes, Sir. Mr. Randolph. Did you hear any opinion given by the court, which warranted Mr. Lewis in the opinion that he was precluded from citing such cases? Mr. Rawle. On the 23d I did understand the court to say that such cases should not be cited, because they tended to mislead the jury. But at no time did I hear the court say that counsel were precluded from addressing the jury on the law, but it was said that as to the authorities cited, it must be determined by the court, whether they were admissible or not. Mr. Randolph. You stated that both the Judges after the adjournment came to your house. Was your hour their place of abode? Mr. Rawle. No, Sir. Mr. Randolph. At what hour did they call? Mr. Rawle. About ten o'clock. Mr. Randolph. And that Judge Peters expressed an apprehension that Messrs. Lewis and Dallas would not go on? Mr. Rawle. Yes, Sir. Mr. Randolph. On what grounds did he express this apprehension? Mr. Rawle. I do not know. Mr. Randolph. Have you any recollection of any grounds for such an apprehension, except that which arose from the general character of the bar. Mr. Rawle. I have already stated that I understood there was a measure of that kind in contemplation. I have a faint recollection of having heard something of that kind fall from Mr. Dallas. Mr. Randolph. Did you express to the Judges that your opinion was drawn from any other source than your general knowledge of the bar? Mr. Rawle. I do not recollect that I did. Mr. Randolph. Mr. Chase expressed his regret, and said he did not mean to preclude the counsel from proceeding in the trial in the usual manner. Was the course pursued in the case of Fries in the usual manner? Mr. Rawle. I never saw a similar circumstance take place at our bar during the whole course of my life. Mr. Randolph. Is it usual for the court to give a general opinion on the law before counsel are heard? Mr. Rawle. Never, except in their general charge to the grand jury. They sometimes enquire of the gentlemen who prosecute, what are the offences likely to be presented, in order to inform the grand jury what it is their duty to do, and to make their charge more pointed. Mr. Randolph. Did you ever hear of its being done in a particular case before the court? Mr. Rawle. Not, that I recollect. Mr. Randolph. Do you know whether much conversation took place at the bar on this novel opinion thrown down on the table? Mr. Rawle. I stated before that I had a great burthen of criminal cases to manage; as I was situated it was not in my power to keep up the usual colloquial intercourse, and I cannot recollect any conversation until that which I have mentioned. Mr. Randolph. Do you suppose that the act of delivering the opinion in writing was so public as to attract the notice of the jurymen that were attending? Mr. Rawle. From the number of the jurymen, and from the construction of the court room, I think that a considerable proportion must have paid attention to the transaction. Mr. Randolph. If you heard Mr. Lewis use no language on the opinion of the court, whence do you infer his indignation? Mr. Rawle. From his countenance, and the manner of his throwing down the paper? Mr. Randolph. Was it such as to attract the attention of those in court? Mr. Rawle. If they saw him, they must have been struck with the manner in which he expressed his indignation. It was very strong. Mr. Randolph. Did you hear Mr. Chase say that if the prisoner's counsel had any objection as to the law, as laid down by the court, they must address the court and not the jury? Mr. Rawle. I have no recollection of hearing such an expression fall from Judge Chase at any time. Mr. Nicholson. You stated much of your testimony from your notes. I would ask, Sir, were those notes taken at the time, and in the order they stand arranged? Mr. Rawle. Precisely so, Sir. I made my notes in court. Mr. Nicholson. What was there in the conduct of Judge Chase that induced the counsel to infer that they would be precluded from citing the statutes of the United States which have been referred to? Mr. Rawle. I cannot say from what circumstance, unless from a recollection of the strenuous opposition made on a former trial on the part of the prosecution to the course then adopted. Mr. Nicholson. Judge Chase also declared: "No case can come before us on which I have not an opinion as to the law, otherwise I should not be fit to preside here." Was there any thing which took place prior to this on which Mr. Lewis founded the opinion that he would be compelled to address the court and not the jury? Mr. Rawle. It appeared to me that it arose altogether from misapprehension. Nothing fell from the court in my hearing, either in public, or in private, which tended to control the counsel from speaking, or to withdraw the consideration of the law from the jury. There appeared to be much misapprehension; and I observed that the court did not set him right as explicitly as might have prevented part of this misapprehension. Mr. Randolph. I think you said that you entertained at the time of your conference with the Judges an anxious hope that these gentlemen would be induced to proceed. If there is no impropriety in the question, I wish to know the cause of the great anxiety you felt on that subject, which induced you to become the agent of calling in the papers containing the opinion of the court? Mr. Rawle. My reasons arose from an anticipation of those unpleasant sensations, which I would never with my greatest enemy to feel, that of conducting a trial, in a capital case, and standing alone against a man without counsel. It is easy to conceive that my hopes may have been anxious that I might not be placed in such a painful situation. Mr. Nicholson. I will ask you whether you took notes of what passed on the first day? Mr. Rawle. I did not. Mr. Harper. Inform the court whether Judge
any sentiments in regard to the paper which you say he viewed with such indignation? Mr. Rawle. I have no recollection of hearing Mr. Lewis say one word on that day. Mr. Randolph. You stated that on the next day, Mr. Lewis, when told by the court to proceed as he thought proper, answered that he never would address the court in a criminal case on a point of law, and urged the propriety of citing cases before the revolution, to show that the English Judges since the revolution thought themselves bound by cases before the revolution, which ought not to be the law in this country, and that if he was not permitted to do this, he would be obliged to abandon the defence? Mr. Rawle. Yes, Sir. Mr. Randolph. Did you hear any opinion given by the court, which warranted Mr. Lewis in the opinion that he was precluded from citing such cases? Mr. Rawle. On the 23d I did understand the court to say that such cases should not be cited, because they tended to mislead the jury. But at no time did I hear the court say that counsel were precluded from addressing the jury on the law, but it was said that as to the authorities cited, it must be determined by the court, whether they were admissible or not. Mr. Randolph. You stated that both the Judges after the adjournment came to your house. Was your hour their place of abode? Mr. Rawle. No, Sir. Mr. Randolph. At what hour did they call? Mr. Rawle. About ten o'clock. Mr. Randolph. And that Judge Peters expressed an apprehension that Messrs. Lewis and Dallas would not go on? Mr. Rawle. Yes, Sir. Mr. Randolph. On what grounds did he express this apprehension? Mr. Rawle. I do not know. Mr. Randolph. Have you any recollection of any grounds for such an apprehension, except that which arose from the general character of the bar. Mr. Rawle. I have already stated that I understood there was a measure of that kind in contemplation. I have a faint recollection of having heard something of that kind fall from Mr. Dallas. Mr. Randolph. Did you express to the Judges that your opinion was drawn from any other source than your general knowledge of the bar? Mr. Rawle. I do not recollect that I did. Mr. Randolph. Mr. Chase expressed his regret, and said he did not mean to preclude the counsel from proceeding in the trial in the usual manner. Was the course pursued in the case of Fries in the usual manner? Mr. Rawle. I never saw a similar circumstance take place at our bar during the whole course of my life. Mr. Randolph. Is it usual for the court to give a general opinion on the law before counsel are heard? Mr. Rawle. Never, except in their general charge to the grand jury. They sometimes enquire of the gentlemen who prosecute, what are the offences likely to be presented, in order to inform the grand jury what it is their duty to do, and to make their charge more pointed. Mr. Randolph. Did you ever hear of its being done in a particular case before the court? Mr. Rawle. Not, that I recollect. Mr. Randolph. Do you know whether much conversation took place at the bar on this novel opinion thrown down on the table? Mr. Rawle. I stated before that I had a great burthen of criminal cases to manage; as I was situated it was not in my power to keep up the usual colloquial intercourse, and I cannot recollect any conversation until that which I have mentioned. Mr. Randolph. Do you suppose that the act of delivering the opinion in writing was so public as to attract the notice of the jurymen that were attending? Mr. Rawle. From the number of the jurymen, and from the construction of the court room, I think that a considerable proportion must have paid attention to the transaction. Mr. Randolph. If you heard Mr. Lewis use no language on the opinion of the court, whence do you infer his indignation? Mr. Rawle. From his countenance, and the manner of his throwing down the paper? Mr. Randolph. Was it such as to attract the attention of those in court? Mr. Rawle. If they saw him, they must have been struck with the manner in which he expressed his indignation. It was very strong. Mr. Randolph. Did you hear Mr. Chase say that if the prisoner's counsel had any objection as to the law, as laid down by the court, they must address the court and not the jury? Mr. Rawle. I have no recollection of hearing such an expression fall from Judge Chase at any time. Mr. Nicholson. You stated much of your testimony from your notes. I would ask, Sir, were those notes taken at the time, and in the order they stand arranged? Mr. Rawle. Precisely so, Sir. I made my notes in court. Mr. Nicholson. What was there in the conduct of Judge Chase that induced the counsel to infer that they would be precluded from citing the statutes of the United States which have been referred to? Mr. Rawle. I cannot say from what circumstance, unless from a recollection of the strenuous opposition made on a former trial on the part of the prosecution to the course then adopted. Mr. Nicholson. Judge Chase also declared: "No case can come before us on which I have not an opinion as to the law, otherwise I should not be fit to preside here." Was there any thing which took place prior to this on which Mr. Lewis founded the opinion that he would be compelled to address the court and not the jury? Mr. Rawle. It appeared to me that it arose altogether from misapprehension. Nothing fell from the court in my hearing, either in public, or in private, which tended to control the counsel from speaking, or to withdraw the consideration of the law from the jury. There appeared to be much misapprehension; and I observed that the court did not set him right as explicitly as might have prevented part of this misapprehension. Mr. Randolph. I think you said that you entertained at the time of your conference with the Judges an anxious hope that these gentlemen would be induced to proceed. If there is no impropriety in the question, I wish to know the cause of the great anxiety you felt on that subject, which induced you to become the agent of calling in the papers containing the opinion of the court? Mr. Rawle. My reasons arose from an anticipation of those unpleasant sensations, which I would never with my greatest enemy to feel, that of conducting a trial, in a capital case, and standing alone against a man without counsel. It is easy to conceive that my hopes may have been anxious that I might not be placed in such a painful situation. Mr. Nicholson. I will ask you whether you took notes of what passed on the first day? Mr. Rawle. I did not. Mr. Harper. Inform the court whether Judge
Chase did at any time during the proceedings say that he would restrict the counsel from Fries from citing any statutes of the United States to the jury, and especially the sedition law. Mr. Rawle. I do not recollect that he did. Mr. Harper. Did he say that he disapproved of the conduct of the former circuit court in permitting the statutes of Congress to be read. Mr. Rawle. He did not. I never heard any such expression from Judge Chase in relation to the statutes. Mr. Harper. Have you the paper in your possession which was thrown down on the table? Mr. Rawle. I have it in my pocket. Mr. Harper. Will you please to produce it? Mr. Rawle. This is it, (handing it to Mr. Harper.) Mr. Harper. Do you know in whose hand writing it is? Mr. Rawle. In that of the assistant clerk of the court—Mr. Bond. Mr. Harper. We will offer this paper in evidence. Mr. Harper then read the said paper as follows, being exhibit No. 2. "The prisoner, John Fries, stands indicted for levying war against the United States. "This constitutional definition of treason is a question of law. Every proposition in any statute (whether more or less distinct—whether easy or difficult to comprehend) is always a question of law. "What is the true meaning and true import of the statute, and whether the case stated comes within the statute, is a question of law and not of fact. The question in an indictment for levying war against (or adhering to the enemies of) the United States, is "whether the facts stated, do or do not amount to levying war ." "It is the duty of the court in this, and in all criminal cases, to state to the jury, their opinion, of the law arising on the facts; but the jury are to decide on the present, and in all criminal cases, both the law and the facts on their consideration of the whole case ." "The court heard the indictment read on the arraignment of the prisoner, some days past, and just now on his trial, and they attended to the over  acts stated in the indictment. "It is the opinion of the court that any infurrection or rising of any body of the people, within the United States, to attain or effect, by force or violence any object of a great public nature, or of public and general (or national) concern, is a levying war against the U. States, within the contemplation and construction of the constitution of the United States. "On this general position, the court are of opinion, that any such insurrection or rising to resist or to prevent by force or violence, the execution of any statute of the United States, for levying or collecting taxes, duties, imposts or excises; or for calling forth the militia to execute the laws of the union, or for any other purpose (under any pretence, as that the statute was unequal, burthensome, oppressive, or unconstitutional) is a levying war against the United States, within the constitution. "The reason for this opinion is, that an insurrection to resist or prevent by force the execution of any statute, has a direct tendency to dissolve all the bonds of society, to destroy all order, and all laws, and also all security for the lives, liberties and property of the citizens of the United States. "The court are of opinion that military weapons (as guns, and swords, mentioned in the indictment) are not necessary to make such insurrection or rising amount to levying war , because numbers may supply the want of military weapons; and other instruments may effect the intended mischief. The legal guilt of levying war may be incurred without the use of military weapons or military array. "The court are of opinion, that the assembling bodies of men, armed and arrayed in a warlike manner, for purposes only of a private nature is not treason ; although the judges, and peace officers should be insulted, or resisted; or even great outrage committed to the persons and property of our citizens. "The true criterion to determine whether acts committed are a treason or a less offence [as a riot] is the quo animo the people did assemble. When the intention is universal or general, as to effect some object of a general public nature, it will be treason , and cannot be considered, confirmed, or reduced to a riot. The commission of any number of felonies, riots or other misdemeanors, cannot alter their nature, so as to make them amount to treason ; and on the other hand, if the intention and acts combined amount to treason , they cannot be sunk down to a felony or riot. The intention with which any acts (as felonies, the destruction of houses, or the like) are done, will show to what class of crimes the case belongs. "The court are of opinion that if a body of people conspire and meditate an insurrection, to resist or oppose the execution of any statute of the United States by force, that they are only guilty of a high misdemeanor; but if they proceed to carry such intention into execution by force, that they are guilty of the treason of levying war , and the quantum of the force employed, neither lessens nor increases the crime; whether by one hundred or one thousand persons is wholly immaterial. "The court are of opinion, that a combination or conspiracy to levy war against the United States is not treason , unless combined with an attempt to carry such combination or conspiracy into execution; some actual force or violence must be used in pursuance of such design to levy war , but that it is altogether immaterial whether the force used is sufficient to effectuate the object; any force, connected with the intention, will constitute the crime of levying war ." Mr. Harper. I will ask you one question. Do you recollect whether, after the verdict of guilty was brought in against John Fries, the court gave him information of his right to make a motion for an arrest of judgment. Mr. Rawle. When the verdict was brought in, the court briefly told him he might be heard then, or at a future day. When he was afterwards brought up for sentence, they told him, if he, or any person for him could point out any error or irregularity in the course of the proceedings, they should be patiently heard; and in like manner Judge Chase addressed the other prisoners; the same question was put to all that were found guilty. They answered, that they had nothing to say. Mr. HAY being called, and not immediately appearing— Mr. Harper observed that this witness was called on an article subsequent to that on which the witnesses already examined had testified. He would submit a proposition to the honorable managers, to go through at one time the whole of the testimony on each article. It may not be the regular course, but if gentlemen assent to it, we shall prefer it; it will be convenient to the witnesses, many of whom may be discharged before the whole of the testimony is gone through. Mr. Randolph—Though this mode may have its advantages, it is attended with its difficulties. A witness may be found to support more than one article. With regard to the first article, I have
Chase did at any time during the proceedings say that he would restrict the counsel from Fries from citing any statutes of the United States to the jury, and especially the sedition law. Mr. Rawle. I do not recollect that he did. Mr. Harper. Did he say that he disapproved of the conduct of the former circuit court in permitting the statutes of Congress to be read. Mr. Rawle. He did not. I never heard any such expression from Judge Chase in relation to the statutes. Mr. Harper. Have you the paper in your possession which was thrown down on the table? Mr. Rawle. I have it in my pocket. Mr. Harper. Will you please to produce it? Mr. Rawle. This is it, (handing it to Mr. Harper.) Mr. Harper. Do you know in whose hand writing it is? Mr. Rawle. In that of the assistant clerk of the court—Mr. Bond. Mr. Harper. We will offer this paper in evidence. Mr. Harper then read the said paper as follows, being exhibit No. 2. "The prisoner, John Fries, stands indicted for levying war against the United States. "This constitutional definition of treason is a question of law. Every proposition in any statute (whether more or less distinct—whether easy or difficult to comprehend) is always a question of law. "What is the true meaning and true import of the statute, and whether the case stated comes within the statute, is a question of law and not of fact. The question in an indictment for levying war against (or adhering to the enemies of) the United States, is "whether the facts stated, do or do not amount to levying war ." "It is the duty of the court in this, and in all criminal cases, to state to the jury, their opinion, of the law arising on the facts; but the jury are to decide on the present, and in all criminal cases, both the law and the facts on their consideration of the whole case ." "The court heard the indictment read on the arraignment of the prisoner, some days past, and just now on his trial, and they attended to the over  acts stated in the indictment. "It is the opinion of the court that any infurrection or rising of any body of the people, within the United States, to attain or effect, by force or violence any object of a great public nature, or of public and general (or national) concern, is a levying war against the U. States, within the contemplation and construction of the constitution of the United States. "On this general position, the court are of opinion, that any such insurrection or rising to resist or to prevent by force or violence, the execution of any statute of the United States, for levying or collecting taxes, duties, imposts or excises; or for calling forth the militia to execute the laws of the union, or for any other purpose (under any pretence, as that the statute was unequal, burthensome, oppressive, or unconstitutional) is a levying war against the United States, within the constitution. "The reason for this opinion is, that an insurrection to resist or prevent by force the execution of any statute, has a direct tendency to dissolve all the bonds of society, to destroy all order, and all laws, and also all security for the lives, liberties and property of the citizens of the United States. "The court are of opinion that military weapons (as guns, and swords, mentioned in the indictment) are not necessary to make such insurrection or rising amount to levying war , because numbers may supply the want of military weapons; and other instruments may effect the intended mischief. The legal guilt of levying war may be incurred without the use of military weapons or military array. "The court are of opinion, that the assembling bodies of men, armed and arrayed in a warlike manner, for purposes only of a private nature is not treason ; although the judges, and peace officers should be insulted, or resisted; or even great outrage committed to the persons and property of our citizens. "The true criterion to determine whether acts committed are a treason or a less offence [as a riot] is the quo animo the people did assemble. When the intention is universal or general, as to effect some object of a general public nature, it will be treason , and cannot be considered, confirmed, or reduced to a riot. The commission of any number of felonies, riots or other misdemeanors, cannot alter their nature, so as to make them amount to treason ; and on the other hand, if the intention and acts combined amount to treason , they cannot be sunk down to a felony or riot. The intention with which any acts (as felonies, the destruction of houses, or the like) are done, will show to what class of crimes the case belongs. "The court are of opinion that if a body of people conspire and meditate an insurrection, to resist or oppose the execution of any statute of the United States by force, that they are only guilty of a high misdemeanor; but if they proceed to carry such intention into execution by force, that they are guilty of the treason of levying war , and the quantum of the force employed, neither lessens nor increases the crime; whether by one hundred or one thousand persons is wholly immaterial. "The court are of opinion, that a combination or conspiracy to levy war against the United States is not treason , unless combined with an attempt to carry such combination or conspiracy into execution; some actual force or violence must be used in pursuance of such design to levy war , but that it is altogether immaterial whether the force used is sufficient to effectuate the object; any force, connected with the intention, will constitute the crime of levying war ." Mr. Harper. I will ask you one question. Do you recollect whether, after the verdict of guilty was brought in against John Fries, the court gave him information of his right to make a motion for an arrest of judgment. Mr. Rawle. When the verdict was brought in, the court briefly told him he might be heard then, or at a future day. When he was afterwards brought up for sentence, they told him, if he, or any person for him could point out any error or irregularity in the course of the proceedings, they should be patiently heard; and in like manner Judge Chase addressed the other prisoners; the same question was put to all that were found guilty. They answered, that they had nothing to say. Mr. HAY being called, and not immediately appearing— Mr. Harper observed that this witness was called on an article subsequent to that on which the witnesses already examined had testified. He would submit a proposition to the honorable managers, to go through at one time the whole of the testimony on each article. It may not be the regular course, but if gentlemen assent to it, we shall prefer it; it will be convenient to the witnesses, many of whom may be discharged before the whole of the testimony is gone through. Mr. Randolph—Though this mode may have its advantages, it is attended with its difficulties. A witness may be found to support more than one article. With regard to the first article, I have
no objection to this course; but with regard to the subsequent articles I have. President. If the gentlemen are agreed, I will take the sense of the Senate on the course to be pursued. Mr. Randolph. It is the wish of the managers not to depart from the usual course. Mr. Harper. We do not claim it as a right. (To be continued.) Foreign Intelligence. Continuation of News by the John and Alice, arrived at Philadelphia. LONDON, January 21. A Lisbon mail arrived in town this morning, brought by the Diana packet, the letters are dated the 10th instant, the only interesting intelligence, they contain, is a memorial had been transmitted to the court of Lisbon by the prince of peace, the object of which was to induce that power to shut its ports against the English; at the date of these advices, no answer had been returned. A letter from Cadiz of the 16th ultimo, mentions the preparations by the Spaniards for the siege or rather blockade of Gibraltar. "Several regiments of infantry, two regiments of dragoons, and some companies of artillery men, bombardiers, and miners, with a train of heavy artillery, and a quantity of ammunition had arrived in the camp of St. Roch. These were to be followed by detachments of the Spanish guards and the Swiss and Walloon corps. All communication had been cut off between the camp and the garrison. These preparations and movements afford little uneasiness. If the epidemic fever had not ceased at Gibraltar at the date of the above letter, the Spaniards, whose horror and dread of a contagious disease cannot have subsided, would hardly attempt to form the place. Their forces would be almost certain destruction and death. If the epidemic fever had as we believed, ceased when the Cadiz article was written, the utmost efforts of the Spaniards would be defeated by the reinforcements under general Fox, which had arrived, and which were to land as soon as the fever had subsided. A respectable morning paper says "a report was very prevalent at the west end of the town on Saturday, that a most alarming riot took place lately at one of the Parisian theatres, while Bonaparte was present, and that the indignant multitude made an attempt to assassinate the tyrant, who is become odious beyond description in the eyes of the people. This report, we understand, came from a respectable quarter; but knowing nothing of the fact ourselves, we leave our readers to pronounce their own judgment upon it. We have only to observe, that it derives some degree of sanction from the information of a gentleman arrived at Portsmouth from France who states, that about a fortnight since a general discontent prevailed in that country, and that Paris was in the greatest state of commotion.—It is added, that Bonaparte's object in making the late overture of peace to our government was to quiet the general ferment," occasioned probably by the hostile declaration in his last exposé "that France will never accept of any conditions of peace with England except those of the treaty of Amiens." A very intelligent gentleman who has just effected his escape from France, states, that every town through which he passed, not excepting even the capital, the general sentiment of the people was that of utter disgust at the proceedings of the government. Nothing can exceed the severity of the tyranny under which they have for some time suffered; but the extraordinary watchfulness of their oppressors, and increased rigor of the military in every direction, are such as to make them despair of the success of any effort they could at present make to redress their country's wrongs. JANUARY 24. PRIVATE CORRESPONDENCE. Hamburg, Jan. 4. "It is mentioned in letters from Strafsburg, that a subsidiary treaty between Great Britain and Sweden, is under the consideration of his Swedish majesty, but that previous to his conclusion the king wishes to obtain the approbation of the court of St. Petersburg. On the other hand, the king of Prussia uses all his efforts to prevent a continental league against France. "Paris letters of the 26th ult. state that a reconciliation has been effected between Lucien Bonaparte and his brother Napoleon. "The tax for defraying the expense of the coronation, which was first to have been raised on the public, is now to be laid on the salaries of the senators, tribunes, legislators, counsellors of state, ministers, generals, bishops, and all public functionaries. The quota is to be a tenth of the salary. "Bonaparte has authorized the pope to invite all the constitutional bishops and clergy, who formerly took the constitutional oath, to abjure its obligations. All of them have obeyed the invitation, except Saureine, formerly a member of the national convention, and now Bishop of the departments of the upper and lower Rhine.—The pope has, it is said, demanded the restitution of the church property, and the restoration of the Jesuits, but these demands have been peremptorily rejected by Napoleon. "Letters from Genoa, of the 5th ult. mention, that the French fleet at Toulon, with 8000 troops on board, will embrace the first favorable opportunity to fail, and occupy the ports of Sicily and Naples. There were, on the 3d ult. upwards of one hundred ships in Genoa. "The Russian forces are now masters of all Georgia, and a number of sea ports on the Caspian Sea, including Erivan and Guenge. They lately defeated the army of the Persians, commanded by the sons of the Kahn, on the banks of the river Araxes. The king of Persia, Fathali, intended to put himself at the head of a numerous army, which was collecting in the province of Mazandaran, and to march against the Russians. In the environs of Bagdad all was perfectly quiet, and Ali Pacha having ceased his warlike preparations, it is hoped that peace will be made with the Wahabis, against whom he had orders to march. January 11. "Private advices from Paris of the 2d inst. positively state, that the siege of Gibraltar, by a combined French and Spanish army, is at present a favorite measure of Bonaparte's councils, and that the king of Spain has been invited to adopt it. Several of the ablest French engineers, including Carnot, having been charged with drawing a plan of intended siege, that of the latter is said to have the preference, and a duplicate of it with the manuscript instructions and memorial have been sent to general Bourneville at Madrid, who has presented it to the Spanish cabinet. "The court of Madrid has now official intelligence that Desfignes had declared war against Spain, and that serious disturbances have broken out in Mexico. The Viceroy of that colony has written home for military succours. "The court of Lisbon has been invited by the French and Spanish courts to shut its ports against the English. The Prince regent, how-
no objection to this course; but with regard to the subsequent articles I have. President. If the gentlemen are agreed, I will take the sense of the Senate on the course to be pursued. Mr. Randolph. It is the wish of the managers not to depart from the usual course. Mr. Harper. We do not claim it as a right. (To be continued.) Foreign Intelligence. Continuation of News by the John and Alice, arrived at Philadelphia. LONDON, January 21. A Lisbon mail arrived in town this morning, brought by the Diana packet, the letters are dated the 10th instant, the only interesting intelligence, they contain, is a memorial had been transmitted to the court of Lisbon by the prince of peace, the object of which was to induce that power to shut its ports against the English; at the date of these advices, no answer had been returned. A letter from Cadiz of the 16th ultimo, mentions the preparations by the Spaniards for the siege or rather blockade of Gibraltar. "Several regiments of infantry, two regiments of dragoons, and some companies of artillery men, bombardiers, and miners, with a train of heavy artillery, and a quantity of ammunition had arrived in the camp of St. Roch. These were to be followed by detachments of the Spanish guards and the Swiss and Walloon corps. All communication had been cut off between the camp and the garrison. These preparations and movements afford little uneasiness. If the epidemic fever had not ceased at Gibraltar at the date of the above letter, the Spaniards, whose horror and dread of a contagious disease cannot have subsided, would hardly attempt to form the place. Their forces would be almost certain destruction and death. If the epidemic fever had as we believed, ceased when the Cadiz article was written, the utmost efforts of the Spaniards would be defeated by the reinforcements under general Fox, which had arrived, and which were to land as soon as the fever had subsided. A respectable morning paper says "a report was very prevalent at the west end of the town on Saturday, that a most alarming riot took place lately at one of the Parisian theatres, while Bonaparte was present, and that the indignant multitude made an attempt to assassinate the tyrant, who is become odious beyond description in the eyes of the people. This report, we understand, came from a respectable quarter; but knowing nothing of the fact ourselves, we leave our readers to pronounce their own judgment upon it. We have only to observe, that it derives some degree of sanction from the information of a gentleman arrived at Portsmouth from France who states, that about a fortnight since a general discontent prevailed in that country, and that Paris was in the greatest state of commotion.—It is added, that Bonaparte's object in making the late overture of peace to our government was to quiet the general ferment," occasioned probably by the hostile declaration in his last exposé "that France will never accept of any conditions of peace with England except those of the treaty of Amiens." A very intelligent gentleman who has just effected his escape from France, states, that every town through which he passed, not excepting even the capital, the general sentiment of the people was that of utter disgust at the proceedings of the government. Nothing can exceed the severity of the tyranny under which they have for some time suffered; but the extraordinary watchfulness of their oppressors, and increased rigor of the military in every direction, are such as to make them despair of the success of any effort they could at present make to redress their country's wrongs. JANUARY 24. PRIVATE CORRESPONDENCE. Hamburg, Jan. 4. "It is mentioned in letters from Strafsburg, that a subsidiary treaty between Great Britain and Sweden, is under the consideration of his Swedish majesty, but that previous to his conclusion the king wishes to obtain the approbation of the court of St. Petersburg. On the other hand, the king of Prussia uses all his efforts to prevent a continental league against France. "Paris letters of the 26th ult. state that a reconciliation has been effected between Lucien Bonaparte and his brother Napoleon. "The tax for defraying the expense of the coronation, which was first to have been raised on the public, is now to be laid on the salaries of the senators, tribunes, legislators, counsellors of state, ministers, generals, bishops, and all public functionaries. The quota is to be a tenth of the salary. "Bonaparte has authorized the pope to invite all the constitutional bishops and clergy, who formerly took the constitutional oath, to abjure its obligations. All of them have obeyed the invitation, except Saureine, formerly a member of the national convention, and now Bishop of the departments of the upper and lower Rhine.—The pope has, it is said, demanded the restitution of the church property, and the restoration of the Jesuits, but these demands have been peremptorily rejected by Napoleon. "Letters from Genoa, of the 5th ult. mention, that the French fleet at Toulon, with 8000 troops on board, will embrace the first favorable opportunity to fail, and occupy the ports of Sicily and Naples. There were, on the 3d ult. upwards of one hundred ships in Genoa. "The Russian forces are now masters of all Georgia, and a number of sea ports on the Caspian Sea, including Erivan and Guenge. They lately defeated the army of the Persians, commanded by the sons of the Kahn, on the banks of the river Araxes. The king of Persia, Fathali, intended to put himself at the head of a numerous army, which was collecting in the province of Mazandaran, and to march against the Russians. In the environs of Bagdad all was perfectly quiet, and Ali Pacha having ceased his warlike preparations, it is hoped that peace will be made with the Wahabis, against whom he had orders to march. January 11. "Private advices from Paris of the 2d inst. positively state, that the siege of Gibraltar, by a combined French and Spanish army, is at present a favorite measure of Bonaparte's councils, and that the king of Spain has been invited to adopt it. Several of the ablest French engineers, including Carnot, having been charged with drawing a plan of intended siege, that of the latter is said to have the preference, and a duplicate of it with the manuscript instructions and memorial have been sent to general Bourneville at Madrid, who has presented it to the Spanish cabinet. "The court of Madrid has now official intelligence that Desfignes had declared war against Spain, and that serious disturbances have broken out in Mexico. The Viceroy of that colony has written home for military succours. "The court of Lisbon has been invited by the French and Spanish courts to shut its ports against the English. The Prince regent, how-
ever, has hitherto assigned various weighty reasons for not complying with those requests. General Moreau, according to some advices from Spain, has taken his departure for America on board of an American ship. The individuals accused of the last conspiracy against Bonaparte are still in close custody; and some of them have been sent to different fortresses. "There are now at Paris two deputies of the Italian republic, with instructions to offer the crown to Bonaparte, as King of Lombardy. January 15. "Letters from Paris of the 4th instant, mention, that General Murat is to have the chief command of the combined force which is to attack Gibraltar. The French army is to consist of 50,000 men. The operations of the combined French and Spanish forces are to be seconded by the French and Spanish fleets. The latter is to be under the command of admiral Gravina, who was to leave Paris about the middle of the present month, having received his letters of recall, and the news of his appointment, on the 17th ultimo. The chevalier D'Andruega, at London, is mentioned as his successor in the embassy at the court of Versailles. "The last accounts from Italy state, that his Napolitan majesty, in answer to the important notes of the French minister, Alquier, to shut his ports against the English, demanded some time longer, to wait for the arrival of some important dispatches from St. Peterburgh, London and Vienna. This, Alquier and the French general St. Cyr said they were not authorized to grant; but they both dispatched couriers to Paris, for fresh instructions. Meanwhile, the British diplomatic agent at Naples was making preparations for his departure. "The sailors & soldiers of the Italian Republic, who joined the expedition on the coast of France, have been ordered to return to Italy. "Mons de la Rochefoucauld, French Ambassador in Dresden, succeeds Champagny as ambassador at the court of Vienna. "The king of Sweden is arrived at Elsinburgh. "General Brune is said to have left Constantinople under the Turkish Escort. "Last week a number of British manufactured goods were sold by auction at Amsterdam, and Rotterdam, for the benefit of the French Generals. "Private letters from Holland state, that it is now generally believed, that Schimmelpenninck, will not be placed at the head of the new government, but Bonaparte's brother-in-law, general Murat. LONDON, January 26. Extra of a letter from an officer lately taken prisoner. "All the line of battle ships and frigates lying in Brest are thus victualled, stored, manned, and fitted up for the conveyance of troops, without preventing them the advantage of being equally prepared for battle. Their holds are thus disposed; in lieu of storing three tier of water, they have but one which is their upper tier; the ground tier is stowed with dry provisions; and in place of the third tier, six feet from the lower gun deck is built a temporary deck, fore and aft the ship, which is occupied by troops; hammocks are hung two deep so that a line of battle ship on this temporary deck will alone stow 1000 troops; in all other parts of the ship hammocks are hung two deep; therefore, a 74 gun ship may be said to carry 1500 troops, independent of her complement of men. A proportion of their guns are calculated both for the land and sea services. The crew is made up of as many sailors as they can get, who are well exercised in military evolutions; and soldiers who have been accustomed to sea expeditions are chosen to do the ship's duty, but not out of the 1500." The following is a correct list of the French fleet in the Outer Road at Brest commanded by Admiral Gantheaume, fully armed and manned: SHIPS. GUNS. Le Vengeur 130 Le Republicain, now called l'Empereur 130 Le Veteran 80 Le Jean Bart 80 Foudroyant 80 L'Impetueux 80 L'Alliance 80 Mander 74 Le Coffart 74 Le Jupiter 74 Le Wattigne 74 Alexander 74 Le Brave 74 L'Ulysse 74 L'Eole 74 Le Patriote 74 Le Tourville 74 Le Diomede 74 Le Valeureux 74 Le Batave 74 FRIGATES. La Josephine 44 La Comete 40 La Felicite 40 L'Indienne 40 La Volontaire 40 L'Unique 40 La Mignonne 32 With five cutters, and fifteen transports; of the latter, ten are said to contain nothing but arms and ammunition. In the Inner Road at Brest are nine ships of the line, and four frigates; of the former, two or three deckers. They are all armed, but not manned. It was, however, reported, that sailors had been ordered from the National Plotilla to complete their crews. The troops encamped in the vicinity of Brest were said to a mount to 16,000; and the garrison at Brest, its forts and batteries, were besides composed of 8,000 men, of whom 1,200 were of the artillery. From the London Courier of Jan. 28. "We have reason to believe that the Dutch paper which mentioned that a warm altercation had taken place at the Levee, between Bonaparte and the Imperial Ambassador, Count Cobenzl, was perfectly correct. We were not inclined to doubt it when we first heard of it, though the Dutch paper mentioned it as a rumour, and seemed almost to be afraid to state it with any positiveness. But we have stronger reason now for attaching implicit credit to it. The altercation took place, we understand on New Year's Day. Bonaparte had previously received intelligence of the orders to increase the Austrian cordon on the Italian frontier. At the audience given to the Ambassadors, he is said to have addressed M. de Cobenzl as soon as he entered the circle, and to have addressed him in a tone of great rudeness and insolence. He questioned him about the orders given to assemble so large an army on the Italian frontier. M. de Cobenzl replied, that the object had already been stated to his Imperial majesty's government. Bonaparte is said then to have interrupted him with a speech of the utmost insolence. We know not what we state the whole of the conversation, nor that what we have stated is perfectly correct. But we have no doubt that a dispute did take place, and upon the subject of the Austrian preparations, which it would be absurd to suppose had been occasioned merely by the existence of the epidemic distemper at Leghorn. As soon as the Levee was over, M. de Cobenzl dispatched a courier to his court. This circumstance, connected with others which we shall mention, has induced a belief at Paris and
ever, has hitherto assigned various weighty reasons for not complying with those requests. General Moreau, according to some advices from Spain, has taken his departure for America on board of an American ship. The individuals accused of the last conspiracy against Bonaparte are still in close custody; and some of them have been sent to different fortresses. "There are now at Paris two deputies of the Italian republic, with instructions to offer the crown to Bonaparte, as King of Lombardy. January 15. "Letters from Paris of the 4th instant, mention, that General Murat is to have the chief command of the combined force which is to attack Gibraltar. The French army is to consist of 50,000 men. The operations of the combined French and Spanish forces are to be seconded by the French and Spanish fleets. The latter is to be under the command of admiral Gravina, who was to leave Paris about the middle of the present month, having received his letters of recall, and the news of his appointment, on the 17th ultimo. The chevalier D'Andruega, at London, is mentioned as his successor in the embassy at the court of Versailles. "The last accounts from Italy state, that his Napolitan majesty, in answer to the important notes of the French minister, Alquier, to shut his ports against the English, demanded some time longer, to wait for the arrival of some important dispatches from St. Peterburgh, London and Vienna. This, Alquier and the French general St. Cyr said they were not authorized to grant; but they both dispatched couriers to Paris, for fresh instructions. Meanwhile, the British diplomatic agent at Naples was making preparations for his departure. "The sailors & soldiers of the Italian Republic, who joined the expedition on the coast of France, have been ordered to return to Italy. "Mons de la Rochefoucauld, French Ambassador in Dresden, succeeds Champagny as ambassador at the court of Vienna. "The king of Sweden is arrived at Elsinburgh. "General Brune is said to have left Constantinople under the Turkish Escort. "Last week a number of British manufactured goods were sold by auction at Amsterdam, and Rotterdam, for the benefit of the French Generals. "Private letters from Holland state, that it is now generally believed, that Schimmelpenninck, will not be placed at the head of the new government, but Bonaparte's brother-in-law, general Murat. LONDON, January 26. Extra of a letter from an officer lately taken prisoner. "All the line of battle ships and frigates lying in Brest are thus victualled, stored, manned, and fitted up for the conveyance of troops, without preventing them the advantage of being equally prepared for battle. Their holds are thus disposed; in lieu of storing three tier of water, they have but one which is their upper tier; the ground tier is stowed with dry provisions; and in place of the third tier, six feet from the lower gun deck is built a temporary deck, fore and aft the ship, which is occupied by troops; hammocks are hung two deep so that a line of battle ship on this temporary deck will alone stow 1000 troops; in all other parts of the ship hammocks are hung two deep; therefore, a 74 gun ship may be said to carry 1500 troops, independent of her complement of men. A proportion of their guns are calculated both for the land and sea services. The crew is made up of as many sailors as they can get, who are well exercised in military evolutions; and soldiers who have been accustomed to sea expeditions are chosen to do the ship's duty, but not out of the 1500." The following is a correct list of the French fleet in the Outer Road at Brest commanded by Admiral Gantheaume, fully armed and manned: SHIPS. GUNS. Le Vengeur 130 Le Republicain, now called l'Empereur 130 Le Veteran 80 Le Jean Bart 80 Foudroyant 80 L'Impetueux 80 L'Alliance 80 Mander 74 Le Coffart 74 Le Jupiter 74 Le Wattigne 74 Alexander 74 Le Brave 74 L'Ulysse 74 L'Eole 74 Le Patriote 74 Le Tourville 74 Le Diomede 74 Le Valeureux 74 Le Batave 74 FRIGATES. La Josephine 44 La Comete 40 La Felicite 40 L'Indienne 40 La Volontaire 40 L'Unique 40 La Mignonne 32 With five cutters, and fifteen transports; of the latter, ten are said to contain nothing but arms and ammunition. In the Inner Road at Brest are nine ships of the line, and four frigates; of the former, two or three deckers. They are all armed, but not manned. It was, however, reported, that sailors had been ordered from the National Plotilla to complete their crews. The troops encamped in the vicinity of Brest were said to a mount to 16,000; and the garrison at Brest, its forts and batteries, were besides composed of 8,000 men, of whom 1,200 were of the artillery. From the London Courier of Jan. 28. "We have reason to believe that the Dutch paper which mentioned that a warm altercation had taken place at the Levee, between Bonaparte and the Imperial Ambassador, Count Cobenzl, was perfectly correct. We were not inclined to doubt it when we first heard of it, though the Dutch paper mentioned it as a rumour, and seemed almost to be afraid to state it with any positiveness. But we have stronger reason now for attaching implicit credit to it. The altercation took place, we understand on New Year's Day. Bonaparte had previously received intelligence of the orders to increase the Austrian cordon on the Italian frontier. At the audience given to the Ambassadors, he is said to have addressed M. de Cobenzl as soon as he entered the circle, and to have addressed him in a tone of great rudeness and insolence. He questioned him about the orders given to assemble so large an army on the Italian frontier. M. de Cobenzl replied, that the object had already been stated to his Imperial majesty's government. Bonaparte is said then to have interrupted him with a speech of the utmost insolence. We know not what we state the whole of the conversation, nor that what we have stated is perfectly correct. But we have no doubt that a dispute did take place, and upon the subject of the Austrian preparations, which it would be absurd to suppose had been occasioned merely by the existence of the epidemic distemper at Leghorn. As soon as the Levee was over, M. de Cobenzl dispatched a courier to his court. This circumstance, connected with others which we shall mention, has induced a belief at Paris and
Vienna that war between Austria and France, is at no great distance. In fact, whoever recollects the manner in which the French exposé spoke of the Emperor, will recollect, that it was rather in the language of advice to him, to confine himself to his internal affairs, than in the language proper to be used to so great a power as Austria. It did not once allude to him in his capacity of Emperor of Germany; it did not speak of his Empire as at all dependent upon, or attached to its Chief, thereby meaning to have it understood, that his Imperial majesty no longer possessed the least influence over the empire. But Bonaparte has been disappointed in his views with respect to Austria. He thought he should make her an instrument, by which he could keep the other continental powers in check; and he finds all at once that he is arming, and arming, on her frontiers towards the French territories in Italy. He is said too to have discovered, that a secret negotiation is actively going on, not only between her and Russia, but with Prussia. Indeed if Austria felt sufficiently jealous to assemble so large an army before the appearance of the French exposé , her jealousy has scarcely been removed or diminished since. Bonaparte says, that he does not want to extend the French territory; a mere ordering declaration to the European powers; but he adds, and this is the essential and important point, "that he will not lose the influence France has acquired over the neighboring powers. That the Italian republic wants a definitive organization, and that Holland stands in need of a good government." These are expressions not lightly thrown out—they are not mere isolated opinions, which are not meant to influence his conduct, or to be acted upon.—They are hints of great import. He will not suffer the influence of France to be impaired; but Italy and Holland must not remain as they are. Their dependence must continue the same; but their forms of government must be altered; that is, they must assume a form by which France may, with less open violence and despotism, render them equally subservient to her will. This is the first developing and unfolding of another side of the life of Bonaparte. He has drawn out the plan of a family compact, compared to which the family compact of the Bourbons was the plaything of a child. If the Italian republic and Holland be to have a new form of government, what is the mode by which such a determination can be carried into execution, without injuring the influence of France? Bonaparte will place his brothers at their head—Louis over Italy—and Joseph over Holland: at first he will conceal his designs under the same veil with which he covered his ambitious views with respect to France—the one will at first be content over Italy—the other Statholder over Holland, with powers of limited duration. The extension of their authority to the period of the natural lives of the possessors, will not be difficult; some moment of public tranquillity, or of good fortune, will be taken advantage of: the next transition from the life of the possessor to the rendering the authority hereditary in his family, under the title of king, will not be more difficult. He will then have branded upon the dependent allies of France into kingdoms bound to him by the ties of family and blood, he will have created a system of family compact, against which all opposition will be futile and vain. Nor will Spain be spared. He will not abandon his influence over her, and he may doom her to undergo the same fate as France; to be wrested from the grasp of the Bourbons, and placed under the government of a Bonaparte. But this, perhaps, will be the last and final stroke. Are these the wanderings of a disordered imagination? Is this a plan of so gigantic a nature to be executed? Let us not deceive ourselves—it is this conviction, that designs were impossible to be carried into execution, because they had not been tried before, that has so essentially contributed to the success of the French revolution. The powers of Europe attempted to oppose it by ordinary means—they were like the man who endeavored to calm the madman by reasoning with him.—And who will say that this is a system which Bonaparte cannot establish?—In one year, if the powers of Europe remain as they are, it will be established. It is to keep them as they are, that Bonaparte has published this Exposé , in which he disavows the idea of further conquests—it is to keep them from being invigorated and enlightened by England, that he has addressed this specific overture to us. If the continental powers remain as they are, it will be executed.—What should prevent it? Would the Italian Republic hesitate to change a Melzi for a Louis Bonaparte? Would it make the least difficulty in changing its constitution? A constitution which has never been heard of since it was decided upon at Lyons.—If the European powers, if Prussia, remain as they are, what can prevent his appointing his Imperial Highness Joseph, the Statholder of Holland? We repeat, therefore, that in one year, if the powers of Europe remain as they are, this plan will be effected. But it will not be effected, it will not even be tried, if the European powers assume a decided attitude, and coalesce against Bonaparte. And they are on the point of assuming this attitude; we know that Russia has declared against him; we suppose that Prussia is no longer friendly; and we see that Austria is assembling a large army upon her frontier.—These are good symptoms—they are symptoms that the continental powers suspect him: that they are at last awake to their real interests; that they will not be made such puppets as they have been, and that they will no longer suffer him to play them off against each other, as he has done.—To suspect a man is one of the means of defeating his projects. NEW-YORK, March 22. The ship Projector , Clarke, arrived at this port yesterday in 80 days from the Isle of France. She left there the French Admiral Linois, with one ship of 74 guns, three frigates, and several privateers. He had captured in the month of November, and sent in, fourteen British East-India ships, of which one was the Princess Charlotte ; another the Hope for London; the remainder were country ships, each from 500 to 1000 tons burthen. Markets very dull at the Isle of France. Merc. Adv. Captain Lord, of the ship Centurion from Cadiz, informs us that an English government brig, which had arrived with dispatches for Sir John Orde, was lost at the entrance of the harbour on the first of February. The Spaniards were preparing for sea, at Cadiz, five or six sail of the line, and as many frigates. THE CELEBRATED WARM SPRINGS IN VIRGINIA. THE subscribers have taken a lease of ten years, of the highly celebrated MEDICAL SPRINGS in the county of Bath, called the Warm Springs, so justly famed for their great cures and general relief in many complaints. THEY are now preparing every necessary comfort and accommodation to suit the amusement of those who have health, (and to promote the recovery of those who want it,) and it is deemed necessary to make these things widely known, because complimentary have heretofore been made against the entertainment which has been offered. Preparations are made for at least one hundred constant boarders, besides transient visitors, for the accommodation of which, the subscribers will make all possible exertions; and they flatter themselves, that those who may place confidence in this advertisement, will not find the smallest cause for regret or complaint. ROBERT & GEORGE TURNER. March 28.—(epsw.) STORED AT THE SUBSCRIBER'S TWO Cofee Marked (C.) shipped at New-York, on board the Schooner Father and Sons , Henry Lord master. The owner is requested to call, pay charges, and take them away. SARAH LESTER. WHO HAS FOR SALE, Board, Plank, Scantling, Cypress, Shingles, Cedar Posts, Rhode Island and Philadelphia Timber in bulk, and various Black and Bright Nails, Saws, Wheat, Beans, Wool, Wine, and Wines, S. S. S. S. S. March 28.—(epsw.)
Vienna that war between Austria and France, is at no great distance. In fact, whoever recollects the manner in which the French exposé spoke of the Emperor, will recollect, that it was rather in the language of advice to him, to confine himself to his internal affairs, than in the language proper to be used to so great a power as Austria. It did not once allude to him in his capacity of Emperor of Germany; it did not speak of his Empire as at all dependent upon, or attached to its Chief, thereby meaning to have it understood, that his Imperial majesty no longer possessed the least influence over the empire. But Bonaparte has been disappointed in his views with respect to Austria. He thought he should make her an instrument, by which he could keep the other continental powers in check; and he finds all at once that he is arming, and arming, on her frontiers towards the French territories in Italy. He is said too to have discovered, that a secret negotiation is actively going on, not only between her and Russia, but with Prussia. Indeed if Austria felt sufficiently jealous to assemble so large an army before the appearance of the French exposé , her jealousy has scarcely been removed or diminished since. Bonaparte says, that he does not want to extend the French territory; a mere ordering declaration to the European powers; but he adds, and this is the essential and important point, "that he will not lose the influence France has acquired over the neighboring powers. That the Italian republic wants a definitive organization, and that Holland stands in need of a good government." These are expressions not lightly thrown out—they are not mere isolated opinions, which are not meant to influence his conduct, or to be acted upon.—They are hints of great import. He will not suffer the influence of France to be impaired; but Italy and Holland must not remain as they are. Their dependence must continue the same; but their forms of government must be altered; that is, they must assume a form by which France may, with less open violence and despotism, render them equally subservient to her will. This is the first developing and unfolding of another side of the life of Bonaparte. He has drawn out the plan of a family compact, compared to which the family compact of the Bourbons was the plaything of a child. If the Italian republic and Holland be to have a new form of government, what is the mode by which such a determination can be carried into execution, without injuring the influence of France? Bonaparte will place his brothers at their head—Louis over Italy—and Joseph over Holland: at first he will conceal his designs under the same veil with which he covered his ambitious views with respect to France—the one will at first be content over Italy—the other Statholder over Holland, with powers of limited duration. The extension of their authority to the period of the natural lives of the possessors, will not be difficult; some moment of public tranquillity, or of good fortune, will be taken advantage of: the next transition from the life of the possessor to the rendering the authority hereditary in his family, under the title of king, will not be more difficult. He will then have branded upon the dependent allies of France into kingdoms bound to him by the ties of family and blood, he will have created a system of family compact, against which all opposition will be futile and vain. Nor will Spain be spared. He will not abandon his influence over her, and he may doom her to undergo the same fate as France; to be wrested from the grasp of the Bourbons, and placed under the government of a Bonaparte. But this, perhaps, will be the last and final stroke. Are these the wanderings of a disordered imagination? Is this a plan of so gigantic a nature to be executed? Let us not deceive ourselves—it is this conviction, that designs were impossible to be carried into execution, because they had not been tried before, that has so essentially contributed to the success of the French revolution. The powers of Europe attempted to oppose it by ordinary means—they were like the man who endeavored to calm the madman by reasoning with him.—And who will say that this is a system which Bonaparte cannot establish?—In one year, if the powers of Europe remain as they are, it will be established. It is to keep them as they are, that Bonaparte has published this Exposé , in which he disavows the idea of further conquests—it is to keep them from being invigorated and enlightened by England, that he has addressed this specific overture to us. If the continental powers remain as they are, it will be executed.—What should prevent it? Would the Italian Republic hesitate to change a Melzi for a Louis Bonaparte? Would it make the least difficulty in changing its constitution? A constitution which has never been heard of since it was decided upon at Lyons.—If the European powers, if Prussia, remain as they are, what can prevent his appointing his Imperial Highness Joseph, the Statholder of Holland? We repeat, therefore, that in one year, if the powers of Europe remain as they are, this plan will be effected. But it will not be effected, it will not even be tried, if the European powers assume a decided attitude, and coalesce against Bonaparte. And they are on the point of assuming this attitude; we know that Russia has declared against him; we suppose that Prussia is no longer friendly; and we see that Austria is assembling a large army upon her frontier.—These are good symptoms—they are symptoms that the continental powers suspect him: that they are at last awake to their real interests; that they will not be made such puppets as they have been, and that they will no longer suffer him to play them off against each other, as he has done.—To suspect a man is one of the means of defeating his projects. NEW-YORK, March 22. The ship Projector , Clarke, arrived at this port yesterday in 80 days from the Isle of France. She left there the French Admiral Linois, with one ship of 74 guns, three frigates, and several privateers. He had captured in the month of November, and sent in, fourteen British East-India ships, of which one was the Princess Charlotte ; another the Hope for London; the remainder were country ships, each from 500 to 1000 tons burthen. Markets very dull at the Isle of France. Merc. Adv. Captain Lord, of the ship Centurion from Cadiz, informs us that an English government brig, which had arrived with dispatches for Sir John Orde, was lost at the entrance of the harbour on the first of February. The Spaniards were preparing for sea, at Cadiz, five or six sail of the line, and as many frigates. THE CELEBRATED WARM SPRINGS IN VIRGINIA. THE subscribers have taken a lease of ten years, of the highly celebrated MEDICAL SPRINGS in the county of Bath, called the Warm Springs, so justly famed for their great cures and general relief in many complaints. THEY are now preparing every necessary comfort and accommodation to suit the amusement of those who have health, (and to promote the recovery of those who want it,) and it is deemed necessary to make these things widely known, because complimentary have heretofore been made against the entertainment which has been offered. Preparations are made for at least one hundred constant boarders, besides transient visitors, for the accommodation of which, the subscribers will make all possible exertions; and they flatter themselves, that those who may place confidence in this advertisement, will not find the smallest cause for regret or complaint. ROBERT & GEORGE TURNER. March 28.—(epsw.) STORED AT THE SUBSCRIBER'S TWO Cofee Marked (C.) shipped at New-York, on board the Schooner Father and Sons , Henry Lord master. The owner is requested to call, pay charges, and take them away. SARAH LESTER. WHO HAS FOR SALE, Board, Plank, Scantling, Cypress, Shingles, Cedar Posts, Rhode Island and Philadelphia Timber in bulk, and various Black and Bright Nails, Saws, Wheat, Beans, Wool, Wine, and Wines, S. S. S. S. S. March 28.—(epsw.)

West-Indies.
West-Indies.
In addition to the particulars given in our paper respecting the taking of Dominica, the Philadelphia True American of Tuesday informs us that one of the French ships of the line employed in the expedition was of 114 guns, two of the others were three deckers, and one of the armed brigs was a prize vessel captured by the fleet on its passage from Rochefort. The next object was laid to be an attack on St. Lucie or Antigua.
In addition to the particulars given in our paper respecting the taking of Dominica, the Philadelphia True American of Tuesday informs us that one of the French ships of the line employed in the expedition was of 114 guns, two of the others were three deckers, and one of the armed brigs was a prize vessel captured by the fleet on its passage from Rochefort. The next object was laid to be an attack on St. Lucie or Antigua.
In corroboration of the arrival of the French squadron at Martinique we shall republish the information we yesterday received from captain Sinclair, of the brig Integrity, arrived at this port in 31 days from Jamaica; and that the English cruisers in the West-Indies had got wind of it.
In corroboration of the arrival of the French squadron at Martinique we shall republish the information we yesterday received from captain Sinclair, of the brig Integrity, arrived at this port in 31 days from Jamaica; and that the English cruisers in the West-Indies had got wind of it.
Captain Sinclair on the 12th inst. in lat. 35 54, long. 74 51, spoke a British frigate, steering E. S. E. who said if capt. S. had heard of the French and Spanish fleets being out. She was apparently bound to the West-Indies with dispatches.
Captain Sinclair on the 12th inst. in lat. 35 54, long. 74 51, spoke a British frigate, steering E. S. E. who said if capt. S. had heard of the French and Spanish fleets being out. She was apparently bound to the West-Indies with dispatches.
The British have now an inferior force to the French in the West-Indies; and we may expect soon to hear of their receiving serious injury in that quarter. Although the London papers received here are to the last of January, they do not mention a word of the sailing of the above French squadron.—N. Y. Gazette.
The British have now an inferior force to the French in the West-Indies; and we may expect soon to hear of their receiving serious injury in that quarter. Although the London papers received here are to the last of January, they do not mention a word of the sailing of the above French squadron.—N. Y. Gazette.
The king of Great-Britain has been pleased to appoint Francis Gower, Esq. to be captain-general and governor in chief in and over the islands and plantations in America, commonly called the Bermuda or Somers Islands.
The king of Great-Britain has been pleased to appoint Francis Gower, Esq. to be captain-general and governor in chief in and over the islands and plantations in America, commonly called the Bermuda or Somers Islands.
NEW-YORK, March 22.
NEW-YORK, March 22.
A Spanish 74 fitting for sea, two frigates, and an armed brig, were lying at Havana on the 2d inst. At the same time a British 50 gun ship and 4 or 5 frigates were cruising off the port without pretending to blockade it. Flour 30 dollars per barrel, and markets generally good. Merc. Adv.
A Spanish 74 fitting for sea, two frigates, and an armed brig, were lying at Havana on the 2d inst. At the same time a British 50 gun ship and 4 or 5 frigates were cruising off the port without pretending to blockade it. Flour 30 dollars per barrel, and markets generally good. Merc. Adv.
Domestic Intelligence.
Domestic Intelligence.
NEW-YORK, March 18.
NEW-YORK, March 18.
Merchant's Bank.—We mentioned on Saturday, that the Bank for incorporating this Bank had passed the Senate: we have since received the following particulars:—The first section, containing the principles of the Bill, passed 14 to 8.
Merchant's Bank.—We mentioned on Saturday, that the Bank for incorporating this Bank had passed the Senate: we have since received the following particulars:—The first section, containing the principles of the Bill, passed 14 to 8.
A motion to limit the Charter, as respects the time, to 1811, was negative—14 to 12.
A motion to limit the Charter, as respects the time, to 1811, was negative—14 to 12.
A motion by Mr. Van Vechten to extend the time to 1108 was carried—14 to 12.
A motion by Mr. Van Vechten to extend the time to 1108 was carried—14 to 12.
A motion to allow the State to subscribe for 2000 shares, instead of 1000 as mentioned in the Bill, passed in the negative—15 to 8.
A motion to allow the State to subscribe for 2000 shares, instead of 1000 as mentioned in the Bill, passed in the negative—15 to 8.
A motion to throw the capital open for a new subscription, and to allow no greater privilege to the present stock-holders of the Merchants' Bank than to other individuals, passed in the negative—17 to 8.
A motion to throw the capital open for a new subscription, and to allow no greater privilege to the present stock-holders of the Merchants' Bank than to other individuals, passed in the negative—17 to 8.
A motion to decrease the capital to nine hundred thousand dollars, passed in the negative—17 to 8.
A motion to decrease the capital to nine hundred thousand dollars, passed in the negative—17 to 8.
On the whole Bill, the vote in the committee was 15 to 11.
On the whole Bill, the vote in the committee was 15 to 11.
And on the third reading before the Senate it was carried, 15 to 9.
And on the third reading before the Senate it was carried, 15 to 9.
The bill was read a first and second time in the House of Representatives, and ordered for the third reading on Friday last. The result must, therefore, very soon be known. It was the prevailing opinion, in Albany, that the bill would pass. Spectator.
The bill was read a first and second time in the House of Representatives, and ordered for the third reading on Friday last. The result must, therefore, very soon be known. It was the prevailing opinion, in Albany, that the bill would pass. Spectator.
A private letter from Paris, informs, that Gen. La Fayette proposes coming to the United States, with an intention of visiting the lands granted to him by Congress.
A private letter from Paris, informs, that Gen. La Fayette proposes coming to the United States, with an intention of visiting the lands granted to him by Congress.
A letter from Cadiz, dated January 20th, to a commercial house in this city, says, "Advises have been received here from Lisbon, that Sir John Orde has published a manifesto, in which he declares that all neutral vessels bound to Spain with provisions shall be suffered to enter without molestation. Three American vessels (among which is the Thames, capt. Perry, of New-York) arrived here a few days ago with six thousand barrels of flour. This article is now selling for 22 to 23 dollars per barrel, rice 2 dollars per cwt. and indian corn 2 to 2 1/4 dollars per bushel."
A letter from Cadiz, dated January 20th, to a commercial house in this city, says, "Advises have been received here from Lisbon, that Sir John Orde has published a manifesto, in which he declares that all neutral vessels bound to Spain with provisions shall be suffered to enter without molestation. Three American vessels (among which is the Thames, capt. Perry, of New-York) arrived here a few days ago with six thousand barrels of flour. This article is now selling for 22 to 23 dollars per barrel, rice 2 dollars per cwt. and indian corn 2 to 2 1/4 dollars per bushel."
We learn by another letter that the ship Columbus, Connell, was at Malaga, to fail on the 15th January for New-York; ship Hope, and brig Trueman, for do, and that the fchr. Three Brothers, from New-York, had arrived at Cadiz. Merc. Adv.
We learn by another letter that the ship Columbus, Connell, was at Malaga, to fail on the 15th January for New-York; ship Hope, and brig Trueman, for do, and that the fchr. Three Brothers, from New-York, had arrived at Cadiz. Merc. Adv.
JEROME BONAPARTE.—Accounts from Baltimore mention, that Jerome Bonaparte has actually taken his departure for Europe, in a vessel bound to Amsterdam.—His lady and suite accompany him. It is said to be his intention to leave her in Holland, until he obtained for her the dispensation of the Emperor, and permission to introduce her into the kingdom which from the credit prior to the letters lately published as intercepted by a British frigate is expected to be a thing of no easy accomplishment.—The letters alluded to are allowed to be authentic, & duplicates said to have been received by the parties to whom they were addressed. Morn. Chron.
JEROME BONAPARTE.—Accounts from Baltimore mention, that Jerome Bonaparte has actually taken his departure for Europe, in a vessel bound to Amsterdam.—His lady and suite accompany him. It is said to be his intention to leave her in Holland, until he obtained for her the dispensation of the Emperor, and permission to introduce her into the kingdom which from the credit prior to the letters lately published as intercepted by a British frigate is expected to be a thing of no easy accomplishment.—The letters alluded to are allowed to be authentic, & duplicates said to have been received by the parties to whom they were addressed. Morn. Chron.
The Gun-Boats which have lately been built in different ports of the union are, we understand, to be sent to the Mediterranean in company with the frigate John Adams. Lieutenants have been appointed to the command of the boats, and the little armament, it is expected, will be ready for sea in a few weeks.
The Gun-Boats which have lately been built in different ports of the union are, we understand, to be sent to the Mediterranean in company with the frigate John Adams. Lieutenants have been appointed to the command of the boats, and the little armament, it is expected, will be ready for sea in a few weeks.
Philadelphia, March 21.
Philadelphia, March 21.
Yesterday a party of marines marched from their barracks at the lower end of the city, and embarked for New-York, as we suppose, to go on board the frigate John Adams, fitting out for Tripoli.
Yesterday a party of marines marched from their barracks at the lower end of the city, and embarked for New-York, as we suppose, to go on board the frigate John Adams, fitting out for Tripoli.
PENNSYLVANIA. PHILAD. March 21.
PENNSYLVANIA. PHILAD. March 21.
Married, on Saturday evening last, by the Right Rev. Bishop White, Dr. Wm. Poulton, of Richmond, to Miss Lucy Lawrence, of this city.
Married, on Saturday evening last, by the Right Rev. Bishop White, Dr. Wm. Poulton, of Richmond, to Miss Lucy Lawrence, of this city.
A letter from a Senator of this State, at Lancaster, dated the 20th inst. states, that both Houses were to adjourn on the first of April; and adds, there was no doubt a Convention would be called, without the approbation of the Governor, by the simple resolution of both Houses. Amer. Daily Adv.
A letter from a Senator of this State, at Lancaster, dated the 20th inst. states, that both Houses were to adjourn on the first of April; and adds, there was no doubt a Convention would be called, without the approbation of the Governor, by the simple resolution of both Houses. Amer. Daily Adv.
March 22.
March 22.
Commodore Preble, Col. Burr, and the hon. J. Q. Adams, arrived in town yesterday from the Southward. Ref.
Commodore Preble, Col. Burr, and the hon. J. Q. Adams, arrived in town yesterday from the Southward. Ref.
A select party of gentlemen give a dinner to the gallant Mediterranean Hero, at Hardy's Hotel, to-morrow. lb.
A select party of gentlemen give a dinner to the gallant Mediterranean Hero, at Hardy's Hotel, to-morrow. lb.
LOUISIANA.
LOUISIANA.
Dr. John Sibley is appointed by the President of the United States, agent and superintendent of Indian affairs for all the Indian tribes in Louisiana south of the Ozark river—is authorised occasionally to hold talks and conferences with them, and distribute presents among them, &c. discretionary. For which purpose suitable goods, we learn, are on the way to him at Natchitoches.—This is an appointment of much importance and responsibility, which the doctor is well calculated to fulfil. Natchez paper.
Dr. John Sibley is appointed by the President of the United States, agent and superintendent of Indian affairs for all the Indian tribes in Louisiana south of the Ozark river—is authorised occasionally to hold talks and conferences with them, and distribute presents among them, &c. discretionary. For which purpose suitable goods, we learn, are on the way to him at Natchitoches.—This is an appointment of much importance and responsibility, which the doctor is well calculated to fulfil. Natchez paper.
NEW-ORLEANS, Feb. 15.
NEW-ORLEANS, Feb. 15.
We mention with peculiar regret, the unhappy fate of Mr. M. G. Lewis, brother of the late Mrs. Claiborne, who fell on Tuesday last, in a duel with Mr. Robert Sterry.
We mention with peculiar regret, the unhappy fate of Mr. M. G. Lewis, brother of the late Mrs. Claiborne, who fell on Tuesday last, in a duel with Mr. Robert Sterry.
Mr. Lewis was a youth of amiable deportment and promising character. We have heard that the Dream of Vidalia , in our paper of Friday last, created the misunderstanding that has terminated fatally. We have been at some pains to learn the circumstances of the duel, & believe ourselves correct in the following statement:
Mr. Lewis was a youth of amiable deportment and promising character. We have heard that the Dream of Vidalia , in our paper of Friday last, created the misunderstanding that has terminated fatally. We have been at some pains to learn the circumstances of the duel, & believe ourselves correct in the following statement:
Mr. Lewis with his friend called at our office for a knowledge of the author. We begged time to ask approbation.—Before we could make Mr. Sterry's communication, it seems Fidelis became known through some other medium. A challenge then ensued from Mr. Lewis, which we have understood, left no means of conciliation: it requiring no explanation, but immediate satisfaction for the outrage committed on his feelings. It being accepted, the parties met, and were to wait the count of 1, 2, 3, and at the succeeding word of fire, to fire. Mr. Lewis's pistol flashed before the time, at the word three; and he therefore lost his chance of fire. Mr. Sterry seeing this, immediately turned, and fired backward in the air. No offer of accommodation was, we believe made, and the parties again fired nearly at the same moment, when Mr. Lewis received a ball which passed through his heart and out at his left side. For a moment he continued his attitude, when casting his eyes to his friend, as if first conscious of his wound, he could only mutter, "I believe I" and fell a lifeless corpse.
Mr. Lewis with his friend called at our office for a knowledge of the author. We begged time to ask approbation.—Before we could make Mr. Sterry's communication, it seems Fidelis became known through some other medium. A challenge then ensued from Mr. Lewis, which we have understood, left no means of conciliation: it requiring no explanation, but immediate satisfaction for the outrage committed on his feelings. It being accepted, the parties met, and were to wait the count of 1, 2, 3, and at the succeeding word of fire, to fire. Mr. Lewis's pistol flashed before the time, at the word three; and he therefore lost his chance of fire. Mr. Sterry seeing this, immediately turned, and fired backward in the air. No offer of accommodation was, we believe made, and the parties again fired nearly at the same moment, when Mr. Lewis received a ball which passed through his heart and out at his left side. For a moment he continued his attitude, when casting his eyes to his friend, as if first conscious of his wound, he could only mutter, "I believe I" and fell a lifeless corpse.
The deceased was the succeeding day buried in this city, and attended by a large concourse of the most respectable inhabitants.
The deceased was the succeeding day buried in this city, and attended by a large concourse of the most respectable inhabitants.
ENQUIRER.
ENQUIRER.
RICHMOND, MARCH 28, 1805.
RICHMOND, MARCH 28, 1805.
THE PRESENT POLICY OF THE FEDERAL PARTY.
THE PRESENT POLICY OF THE FEDERAL PARTY.
No. II.
No. II.
Experience has too fatally confirmed these melancholy predictions. The spirit of republican disunion has already appeared in the united councils of our country; and in every state where the federal party has covered beneath the power of their opponents, too weak to employ an open hostility, & too well known to succeed by secret intrigue, the same symptoms have been manifested; the same jarrings, mutual reproach, and occasional defection. This therefore, is the awful crisis of the republican destiny. Let these internal ferment go on exacerbating and increasing; let contending leaders and adverse feds arise in the republican states of the union, and the republican phalanx will be ultimately broken down; a breach will be made in the combination, which no danger that is likely to arise, no conciliation that is likely to be employed, will be able to repair; and in a few years the banners of the federal party will be planted in triumph upon the ruins of republicanism. This therefore is the moment of mutual concession and mature deliberation. Divisions have arisen among us; or, let me rather say, they are arising; and the delighted bafile is once more elevating its crest with rapturous expectation. Let us disappoint these rising hopes; let us prove to our opponents, that the men who have had energy enough to conquer in the combat, possess moderation enough to secure the fruits of the victory; and let us not, by any internal dissensions, throw away those advantages, and endanger that inestimable administration, which we have contributed to obtain by our united efforts. It is from the petty schisms among individuals, or from some minute differences in the application of principles, and not from the defects of our political system, not from the misconduct of our administration, not from any local dissension between the republicans of the north and of the south, that the federal party have now extracted some remedy for their despair. If the republican party is in danger, it is not that their cause is covered with injustice; it is not that they want the strength of numbers to baffle their opponents, but it is because they want that enviable strength of mind, which imposes mutual toleration in matters of opinion, and mutual sacrifices amid the oppositions of interest.
Experience has too fatally confirmed these melancholy predictions. The spirit of republican disunion has already appeared in the united councils of our country; and in every state where the federal party has covered beneath the power of their opponents, too weak to employ an open hostility, & too well known to succeed by secret intrigue, the same symptoms have been manifested; the same jarrings, mutual reproach, and occasional defection. This therefore, is the awful crisis of the republican destiny. Let these internal ferment go on exacerbating and increasing; let contending leaders and adverse feds arise in the republican states of the union, and the republican phalanx will be ultimately broken down; a breach will be made in the combination, which no danger that is likely to arise, no conciliation that is likely to be employed, will be able to repair; and in a few years the banners of the federal party will be planted in triumph upon the ruins of republicanism. This therefore is the moment of mutual concession and mature deliberation. Divisions have arisen among us; or, let me rather say, they are arising; and the delighted bafile is once more elevating its crest with rapturous expectation. Let us disappoint these rising hopes; let us prove to our opponents, that the men who have had energy enough to conquer in the combat, possess moderation enough to secure the fruits of the victory; and let us not, by any internal dissensions, throw away those advantages, and endanger that inestimable administration, which we have contributed to obtain by our united efforts. It is from the petty schisms among individuals, or from some minute differences in the application of principles, and not from the defects of our political system, not from the misconduct of our administration, not from any local dissension between the republicans of the north and of the south, that the federal party have now extracted some remedy for their despair. If the republican party is in danger, it is not that their cause is covered with injustice; it is not that they want the strength of numbers to baffle their opponents, but it is because they want that enviable strength of mind, which imposes mutual toleration in matters of opinion, and mutual sacrifices amid the oppositions of interest.
In tracing out the history of every party division, it becomes us to distinguish between the political subjects which produce a difference of opinion, and the motives of those, who engage in the controversy. Let the number and variety of the first be ever so extensive, they may at last be reduced to two heads: to men or to measures. It must be, because some man has adopted a measure, which is not altogether pleasing to his political friends, or because some measure has been supported which is susceptible of various constructions, that any materials can be found for an actual or assumed difference of opinion. Meantime the motives themselves which led to this variation of sentiment, may almost be as various as the politicians themselves who are affected by their influence. One man advocates or opposes the man or the measure, because without any bias from a particular system he has calculated its influence upon the general interests of his country. Another views them in relation to that contracted system of opinions, in which his mind has been accustomed to revolve. A third politician without suffering his mind to expatiate at all upon the general concerns of his country, without even elevating his attention to some general though contracted system, to some petty though common party, brings every subject of consideration within the narrow circle of his own insulated interests. It is from the combination of such circumstances in their various relations, that we shall produce all the different cases, in which the different portions of a party may be placed; each of them prescribing a new rule of conduct and imposing a new obligation upon the majority of the party.
In tracing out the history of every party division, it becomes us to distinguish between the political subjects which produce a difference of opinion, and the motives of those, who engage in the controversy. Let the number and variety of the first be ever so extensive, they may at last be reduced to two heads: to men or to measures. It must be, because some man has adopted a measure, which is not altogether pleasing to his political friends, or because some measure has been supported which is susceptible of various constructions, that any materials can be found for an actual or assumed difference of opinion. Meantime the motives themselves which led to this variation of sentiment, may almost be as various as the politicians themselves who are affected by their influence. One man advocates or opposes the man or the measure, because without any bias from a particular system he has calculated its influence upon the general interests of his country. Another views them in relation to that contracted system of opinions, in which his mind has been accustomed to revolve. A third politician without suffering his mind to expatiate at all upon the general concerns of his country, without even elevating his attention to some general though contracted system, to some petty though common party, brings every subject of consideration within the narrow circle of his own insulated interests. It is from the combination of such circumstances in their various relations, that we shall produce all the different cases, in which the different portions of a party may be placed; each of them prescribing a new rule of conduct and imposing a new obligation upon the majority of the party.
When any measure or principle of great public concern is brought into discussion, we cannot reasonably expect that every honest republican will adopt the very same conclusion. Different minds will take various views of the very same subject, with equal impartiality of understanding and equal integrity of motive. To pass them from the measure to the man; to convert every new principle into a standard of political purity; to denounce and to proscribe, every republican who has not embraced a similar opinion, is equally adverse to the union of parties, and contrary to the tolerant maxims
When any measure or principle of great public concern is brought into discussion, we cannot reasonably expect that every honest republican will adopt the very same conclusion. Different minds will take various views of the very same subject, with equal impartiality of understanding and equal integrity of motive. To pass them from the measure to the man; to convert every new principle into a standard of political purity; to denounce and to proscribe, every republican who has not embraced a similar opinion, is equally adverse to the union of parties, and contrary to the tolerant maxims
of republicanism. It is only when that principle appears really incompatible with the republican system, that its advocates deserve an interminable sentence of ostracism.
of republicanism. It is only when that principle appears really incompatible with the republican system, that its advocates deserve an interminable sentence of ostracism.
The maxim is in general correct, that the merit of a man or a measure, can never be impartially settled, until they have been abstracted from each other and separately considered. It is not every "difference of opinion" which is a "difference of principle;" and the character of the advocate does not always confer its imperfection upon the opinion he supports. Where then, let me ask, was the justice of casting upon the conscientious advocates of a Yazoos compromise, the charges and reproaches of federal corruption? Where was the propriety of entering Mr. Findley upon the list of proscriptions, until some satisfactory testimony had been collected, that he also had partaken of the corruption of the Yahoos, or imbibed the tenets of federalism?
The maxim is in general correct, that the merit of a man or a measure, can never be impartially settled, until they have been abstracted from each other and separately considered. It is not every "difference of opinion" which is a "difference of principle;" and the character of the advocate does not always confer its imperfection upon the opinion he supports. Where then, let me ask, was the justice of casting upon the conscientious advocates of a Yazoos compromise, the charges and reproaches of federal corruption? Where was the propriety of entering Mr. Findley upon the list of proscriptions, until some satisfactory testimony had been collected, that he also had partaken of the corruption of the Yahoos, or imbibed the tenets of federalism?
But when an investigation is to be made, not into the merits of measures, but of men, the operation is much more delicate in itself, and more productive of mistake. The tendencies of measures are in general fixed and unchangeable; their indications are public and perceptible. But the character of man is liable to eternal mutations; and the politician, who exhibits this day the most honourable character, may unveil, ere the setting of another sun, the most profligate ambition, the most unprincipled avarice. The purest politicians, even may derive their transitory virtue from a transitory situation; & the patriot of to-day may be converted by a Circle-like prosperity into the tyrant of to-morrow. Let it too be recollected, that the views which are taken of men are much more liable to the bias and prepossessions of the observer.
But when an investigation is to be made, not into the merits of measures, but of men, the operation is much more delicate in itself, and more productive of mistake. The tendencies of measures are in general fixed and unchangeable; their indications are public and perceptible. But the character of man is liable to eternal mutations; and the politician, who exhibits this day the most honourable character, may unveil, ere the setting of another sun, the most profligate ambition, the most unprincipled avarice. The purest politicians, even may derive their transitory virtue from a transitory situation; & the patriot of to-day may be converted by a Circle-like prosperity into the tyrant of to-morrow. Let it too be recollected, that the views which are taken of men are much more liable to the bias and prepossessions of the observer.
The spirit of competition mixes itself with our reflections, & discolours our judgment. But this cause of division was not likely to operate upon the republicans so long as the federal party maintained a formidable influence. It was not till the downfall of this system, that the republican members were brought into competition and collision with each other. It was not till that moment then, that the republicans who had already obtained the honors & emoluments of office, or who had the greatest chance of obtaining them, became the objects of rivalry and envy. It is then that the vain and the interested, and all those who have assumed the fairest pretensions of patriotism to promote their own ambitious purposes, step forward to claim their expected reward. Have we not braved they will say "all the terrors of the American revolution? Have we not displayed an equal calm in our conflicts with the federal party. Have we not adhered to your administration, in spite of relentless opposition and repeated menace? And are we not now entitled to some of the fruits of the victory?" Dazzled by this splendid picture of their own exploits, these men are prone to believe that no recompence can be too great for their services, no competitor can be so well entitled to the confidence of the people. Let these splendid expectations be disappointed, and their adherence to the republican interest is no longer to be trusted. Here then is one source of division. But let their efforts be successful in showing suspicions of their rivals' principles, and in overthrowing his pretensions; and they immediately create a new division among the republican party. The virtue of their rivals may not indeed be affected by this defeat; tho' their bosoms may still beat as high as ever with the fervor of republican principles; yet they are maimed in their exertions, to promote the republican cause; the eye of suspicion has fastened upon them; and the people will no longer receive benefit from those in whom they will no longer confide.
The spirit of competition mixes itself with our reflections, & discolours our judgment. But this cause of division was not likely to operate upon the republicans so long as the federal party maintained a formidable influence. It was not till the downfall of this system, that the republican members were brought into competition and collision with each other. It was not till that moment then, that the republicans who had already obtained the honors & emoluments of office, or who had the greatest chance of obtaining them, became the objects of rivalry and envy. It is then that the vain and the interested, and all those who have assumed the fairest pretensions of patriotism to promote their own ambitious purposes, step forward to claim their expected reward. Have we not braved they will say "all the terrors of the American revolution? Have we not displayed an equal calm in our conflicts with the federal party. Have we not adhered to your administration, in spite of relentless opposition and repeated menace? And are we not now entitled to some of the fruits of the victory?" Dazzled by this splendid picture of their own exploits, these men are prone to believe that no recompence can be too great for their services, no competitor can be so well entitled to the confidence of the people. Let these splendid expectations be disappointed, and their adherence to the republican interest is no longer to be trusted. Here then is one source of division. But let their efforts be successful in showing suspicions of their rivals' principles, and in overthrowing his pretensions; and they immediately create a new division among the republican party. The virtue of their rivals may not indeed be affected by this defeat; tho' their bosoms may still beat as high as ever with the fervor of republican principles; yet they are maimed in their exertions, to promote the republican cause; the eye of suspicion has fastened upon them; and the people will no longer receive benefit from those in whom they will no longer confide.
There are some who assume to themselves the title and the garb of republicanism, to conceal their own contrived designs. These men remain under the banners of the party so long as they have a hope of sharing in the spoils. But once let them feel the futility of these hopes, once let them see that there are others, who better deserve respect, & who are more successful in its attainment; and their ambition will be confined to the discovery of some plausible pretext for deserting to the opposite party. Who can consider the division of such men as worthy of the slightest regret! Their adherence reflects a suspicion and disgrace upon the real republicans. They even desert their cause on the most important questions. They add to the number, without increasing the energy of the party. They lull them into a fatal confidence & premature repose by giving them the appearance of irresistible strength. Like the moulder pieces that enter into an arch, they for a time deceive the eye: smaller burthens are laid upon it without danger; but at the very moment, when it bears upon its bosom the very best hopes and the most inestimable rights of the people, the deceitful fragments tumble in, and endanger the security of the whole. It is therefore the interest of the republicans, that such rotten members should be eternally divided from their party. To such men as James Elliott of Vermont, and Aaron Burr of New-York, we may surely bid adieu without despondency or regret.
There are some who assume to themselves the title and the garb of republicanism, to conceal their own contrived designs. These men remain under the banners of the party so long as they have a hope of sharing in the spoils. But once let them feel the futility of these hopes, once let them see that there are others, who better deserve respect, & who are more successful in its attainment; and their ambition will be confined to the discovery of some plausible pretext for deserting to the opposite party. Who can consider the division of such men as worthy of the slightest regret! Their adherence reflects a suspicion and disgrace upon the real republicans. They even desert their cause on the most important questions. They add to the number, without increasing the energy of the party. They lull them into a fatal confidence & premature repose by giving them the appearance of irresistible strength. Like the moulder pieces that enter into an arch, they for a time deceive the eye: smaller burthens are laid upon it without danger; but at the very moment, when it bears upon its bosom the very best hopes and the most inestimable rights of the people, the deceitful fragments tumble in, and endanger the security of the whole. It is therefore the interest of the republicans, that such rotten members should be eternally divided from their party. To such men as James Elliott of Vermont, and Aaron Burr of New-York, we may surely bid adieu without despondency or regret.
Here then let us delineate the outlines of republican policy. When they investigate measures, let them employ toleration towards their friends; when they investigate the characters of men, let them exercise a liberal construction. Slow in denouncing, let their resentment be unextinguishable. When a republican expects the reward of his services, let him never lose sight of the contending claims of his competitors; and in all the competitions of interest, let him never forget the necessity of making mutual sacrifices.
Here then let us delineate the outlines of republican policy. When they investigate measures, let them employ toleration towards their friends; when they investigate the characters of men, let them exercise a liberal construction. Slow in denouncing, let their resentment be unextinguishable. When a republican expects the reward of his services, let him never lose sight of the contending claims of his competitors; and in all the competitions of interest, let him never forget the necessity of making mutual sacrifices.
Republicans! if this be not your conduct, mark the policy! mark the exultation! mark the probable triumphs of the federal party! (To be continued.)
Republicans! if this be not your conduct, mark the policy! mark the exultation! mark the probable triumphs of the federal party! (To be continued.)
FOR THE ENQUIRER.
FOR THE ENQUIRER.
THE RECONCILER.
THE RECONCILER.
The Editor of the Virginia Gazette has announced, that he is about to establish a paper in conjunction with Mr. Charles Prentiss, under the title of the "Reconciler." The Virginia Gazette has hitherto been conducted upon principles purely federal; but the form which it is now to assume, indicates an alteration in its spirit, which must proceed from some cause which has not operated before this time. Those who recollect the part which the editor of the V. G. acted, during the short-lived domination of federal principles, cannot look for the motives of his present conduct, in any real attachment to principles of moderation. If at a time when the whole force of the general government was levelled against the party who are now triumphant; when we were told that the salvation of our country depended upon "humbling into dust and ashes" the men who have since been entrusted by the people of America with all the authority they can bestow:—If at this time, the Editor of the Virginia Gazette did not hesitate to approve and support the very worst measures which were adopted, we cannot surely expect from him a sincere and cordial wish, that all parties should unite in fraternal
The Editor of the Virginia Gazette has announced, that he is about to establish a paper in conjunction with Mr. Charles Prentiss, under the title of the "Reconciler." The Virginia Gazette has hitherto been conducted upon principles purely federal; but the form which it is now to assume, indicates an alteration in its spirit, which must proceed from some cause which has not operated before this time. Those who recollect the part which the editor of the V. G. acted, during the short-lived domination of federal principles, cannot look for the motives of his present conduct, in any real attachment to principles of moderation. If at a time when the whole force of the general government was levelled against the party who are now triumphant; when we were told that the salvation of our country depended upon "humbling into dust and ashes" the men who have since been entrusted by the people of America with all the authority they can bestow:—If at this time, the Editor of the Virginia Gazette did not hesitate to approve and support the very worst measures which were adopted, we cannot surely expect from him a sincere and cordial wish, that all parties should unite in fraternal
love. Nor are we to account for this sudden change in the principles of the Virginia Gazette, by the temperance and moderation of the gentleman who is now associated with the former Editor. Mr. Prentiss (I speak of him only in his public character) has been the Editor or the principal assistant in conducting a paper in Washington, styled the "Washington Federalist;"—a paper remarkable only for the virulence and rancor with which it has abused the men and measures of the present administration. Notwithstanding these facts too notorious to be denied, the public are now informed, that these two editors are to become Reconcilers . Their principles are changed, and they no longer hesitate to offer a coalition with that party, or with some portion of that party, whom they have hitherto reviled. The idea of forming an union between federalism and republican principles, is too extravagant for any mind but that of a lunatic. As well might the most deadly antipathies of nature mingle in harmony with each other. Where there is no common principle either of interest or affection, there cannot be even a momentary compromise. If the republicans can forget the injuries and contumelious treatment which they received during the sway of federalism, they cannot so far lose sight of the interests of their country, as once more to commit her destiny to men, who have formerly brought her liberties to the verge of annihilation. Let not any one republican be for a moment deluded, by the specious pretext of reconciliation, held out by the Virginia Gazette; but rather view it in its true light, as an additional evidence of the insidious efforts of their political opponents, to tarnish the laurels of their well-earned victory.
love. Nor are we to account for this sudden change in the principles of the Virginia Gazette, by the temperance and moderation of the gentleman who is now associated with the former Editor. Mr. Prentiss (I speak of him only in his public character) has been the Editor or the principal assistant in conducting a paper in Washington, styled the "Washington Federalist;"—a paper remarkable only for the virulence and rancor with which it has abused the men and measures of the present administration. Notwithstanding these facts too notorious to be denied, the public are now informed, that these two editors are to become Reconcilers . Their principles are changed, and they no longer hesitate to offer a coalition with that party, or with some portion of that party, whom they have hitherto reviled. The idea of forming an union between federalism and republican principles, is too extravagant for any mind but that of a lunatic. As well might the most deadly antipathies of nature mingle in harmony with each other. Where there is no common principle either of interest or affection, there cannot be even a momentary compromise. If the republicans can forget the injuries and contumelious treatment which they received during the sway of federalism, they cannot so far lose sight of the interests of their country, as once more to commit her destiny to men, who have formerly brought her liberties to the verge of annihilation. Let not any one republican be for a moment deluded, by the specious pretext of reconciliation, held out by the Virginia Gazette; but rather view it in its true light, as an additional evidence of the insidious efforts of their political opponents, to tarnish the laurels of their well-earned victory.
To what cause then are we to ascribe the establishment of a paper, which professes to produce a combination between the federal party and some part of the republicans? The cause is too plain to be misunderstood; it is neither deep nor intricate; it lies upon the surface, and the mind of a child can unravel it.
To what cause then are we to ascribe the establishment of a paper, which professes to produce a combination between the federal party and some part of the republicans? The cause is too plain to be misunderstood; it is neither deep nor intricate; it lies upon the surface, and the mind of a child can unravel it.
Never did any country exhibit an aspect more auspicious to the best wishes of the heart, than the United States, at this moment;—the constitution triumph over every foe; a wise administration diffusing its genial influence around it; peace, liberty and happiness, the fruits of a patriotic government. If all the institutions of man were not prone to decay, we might anticipate from the present posture of affairs, an era of unchequered happiness, as durable as it is exalted. But the monitory voice of experience cautions us, that even in the luxurious bed of prosperity, the seeds of discord are often sown; and the moment of triumph is often that which requires most our vigilant attention. While a party having some common object, unite their powers to humble an unconstitutional faction, who have usurped the seat of power, they act in concert; their little differences of opinion are sacrificed on the altar of public good, and they move in an irresistible phalanx to the attainment of their point. But when they have at length reached the summit of their wishes; when their opponents have dwindled down into an inconsiderable band, too weak to be dreaded from their power, and too well understood to be dangerous from their artifice it is then that the varieties of human opinion begin to appear, and the different members of the same party, indulge their peculiar means of attaining one common end. Men who are united only by motives of personal aggrandizement, will at all times adhere to their leaders; but honest men, unless some object of paramount importance engages their attention, are too apt to be tenacious of every point of opinion, and to produce some degree of jarring among their friends. It is certain that all party implies a mutual concession of subordinate principles, for the sake of a great common object; and when that object is accomplished, the mind again expatiates in the boundless field of political expedients. The history of the world loudly pronounces the truth of these positions, and the fate of other parties as triumphant as ourselves, warns us from adopting their errors.
Never did any country exhibit an aspect more auspicious to the best wishes of the heart, than the United States, at this moment;—the constitution triumph over every foe; a wise administration diffusing its genial influence around it; peace, liberty and happiness, the fruits of a patriotic government. If all the institutions of man were not prone to decay, we might anticipate from the present posture of affairs, an era of unchequered happiness, as durable as it is exalted. But the monitory voice of experience cautions us, that even in the luxurious bed of prosperity, the seeds of discord are often sown; and the moment of triumph is often that which requires most our vigilant attention. While a party having some common object, unite their powers to humble an unconstitutional faction, who have usurped the seat of power, they act in concert; their little differences of opinion are sacrificed on the altar of public good, and they move in an irresistible phalanx to the attainment of their point. But when they have at length reached the summit of their wishes; when their opponents have dwindled down into an inconsiderable band, too weak to be dreaded from their power, and too well understood to be dangerous from their artifice it is then that the varieties of human opinion begin to appear, and the different members of the same party, indulge their peculiar means of attaining one common end. Men who are united only by motives of personal aggrandizement, will at all times adhere to their leaders; but honest men, unless some object of paramount importance engages their attention, are too apt to be tenacious of every point of opinion, and to produce some degree of jarring among their friends. It is certain that all party implies a mutual concession of subordinate principles, for the sake of a great common object; and when that object is accomplished, the mind again expatiates in the boundless field of political expedients. The history of the world loudly pronounces the truth of these positions, and the fate of other parties as triumphant as ourselves, warns us from adopting their errors.
Painful as the truth may be, it is certain that some differences have arisen among the republicans of the United States. That independence of sentiment which always characterizes a genuine lover of freedom, has perhaps fostered the germs of discord which already begin to appear. I know not whether most to lament or admire it; since, while it threatens our political tranquility, it also evinces the high spirit of independence which animates the republican party. But their differences have hitherto been confined to measures of minor importance; they have never encroached upon those cardinal points, which form the great tests of party in this country. I speak of Virginia only; because Virginia I know. I know her from the first dawn of the revolution, when she planted the standard of rebellion on the very citadel of despotism, and summoned the sons of liberty to avenge their country's wrongs; I knew her at a crisis not less alarming, when the states were threatened a total extinguishment of their powers; and I have seen her since, moving in her orbit with as much dignity and firmness, as she had before displayed energy and firmness, in the most persevering in the combat. It is then within the compass of human probability, that Virginia should apostatize from those principles, by a firm adherence to which she has gained all her glory? What motive but downright infatuation could drive her from the uniform tenor of her own conduct? It is true there is some difference of opinion with regard to the extent to which it is proper to go in the removal of federal officers, who have been long in service; but does it follow that those who are for permitting a few of those officers to remain, under very special circumstances, are advocates for electing indiscriminately, federalists to office? Or does it follow from this circumstance, that those who entertain this opinion, are therefore attached to federal principles? If this be true, then is the President of the United States a federalist!
Painful as the truth may be, it is certain that some differences have arisen among the republicans of the United States. That independence of sentiment which always characterizes a genuine lover of freedom, has perhaps fostered the germs of discord which already begin to appear. I know not whether most to lament or admire it; since, while it threatens our political tranquility, it also evinces the high spirit of independence which animates the republican party. But their differences have hitherto been confined to measures of minor importance; they have never encroached upon those cardinal points, which form the great tests of party in this country. I speak of Virginia only; because Virginia I know. I know her from the first dawn of the revolution, when she planted the standard of rebellion on the very citadel of despotism, and summoned the sons of liberty to avenge their country's wrongs; I knew her at a crisis not less alarming, when the states were threatened a total extinguishment of their powers; and I have seen her since, moving in her orbit with as much dignity and firmness, as she had before displayed energy and firmness, in the most persevering in the combat. It is then within the compass of human probability, that Virginia should apostatize from those principles, by a firm adherence to which she has gained all her glory? What motive but downright infatuation could drive her from the uniform tenor of her own conduct? It is true there is some difference of opinion with regard to the extent to which it is proper to go in the removal of federal officers, who have been long in service; but does it follow that those who are for permitting a few of those officers to remain, under very special circumstances, are advocates for electing indiscriminately, federalists to office? Or does it follow from this circumstance, that those who entertain this opinion, are therefore attached to federal principles? If this be true, then is the President of the United States a federalist!
However trivial this difference of opinion may seem, it is the only basis on which the Editors of the Reconciler, confound their hopes of forming a combination with those in Virginia, whom they please to denominate men of moderate principles. It is proper that these gentlemen should be undeceived. It will be prudent for them to learn on the very threshold of their undertaking, that there is no party in Virginia which will unite in the scheme, except a few of their former friends, who have lately assumed the mask of republicanism. Their plan is too shallow to impose on any man. Why is it that a party once so proud and arrogant, now stoops to solicit aid from their former enemies? Because, unable to effect any thing by their own efforts, they have no other resource than to produce a division among their opponents. Why do they affect to believe that a portion of the republican party in this state are discontented with the present administration? Because they are anxious to accomplish by artifice, what they cannot effect by honorable means. Why do they propose a coalition? Because their embrace is inevitable destruction. Equally the enemies of those with whom they wish to unite, and those whom they desire to oppose, they are attempting the final ruin of both. If indeed, there be a part of the republicans in this
However trivial this difference of opinion may seem, it is the only basis on which the Editors of the Reconciler, confound their hopes of forming a combination with those in Virginia, whom they please to denominate men of moderate principles. It is proper that these gentlemen should be undeceived. It will be prudent for them to learn on the very threshold of their undertaking, that there is no party in Virginia which will unite in the scheme, except a few of their former friends, who have lately assumed the mask of republicanism. Their plan is too shallow to impose on any man. Why is it that a party once so proud and arrogant, now stoops to solicit aid from their former enemies? Because, unable to effect any thing by their own efforts, they have no other resource than to produce a division among their opponents. Why do they affect to believe that a portion of the republican party in this state are discontented with the present administration? Because they are anxious to accomplish by artifice, what they cannot effect by honorable means. Why do they propose a coalition? Because their embrace is inevitable destruction. Equally the enemies of those with whom they wish to unite, and those whom they desire to oppose, they are attempting the final ruin of both. If indeed, there be a part of the republicans in this
state disposed secretly to undermine the present administration, it would be folly and madness to form a covenant with men who are too well known as the fatalities of tyranny. They would do more injury by their support than by their enmity. But where let me ask, is the evidence that such a party exists in this state? In what instance has it been avowed, that the system of measures pursued by the present administration is hateful in the eyes of any man who bears the name of a republican? The Editors, however, of the Reconciler, appear so confident of this fact, that they tender as the first offering on the altar of reconciliation, the most unqualified condemnation of the great characters who now preside over the affairs of the union. The name of Jefferson, so dear to the heart of every genuine republican, is treated with singular contempt. That incorruptible champion of the rights of man, John Randolph, is assailed with the utmost venom of their invective. Every great and leading measure of the present administration has fallen under the censure of the Editors of the "Reconciler." Who are to be reconciled by this conduct? Can it have that effect on men who have uniformly supported all those measures which are thus reviled, and who therefore must bear a share in the censure which is thus thrown out? The Editors tell those whom they wish to gain to their party "change your principles, condemn your former friends "and yourselves, avow your apostasy, and then "we will admit you into a sole confederacy "with us, who have hitherto been your most "determined foes." They are prescribing the most dishonorable conditions, while at the same time they are trying to gain some little importance by seeking a connection, with those who are able to confer it. As well might a garrison reduced to the utmost extremity, inform the besieging army, that if they will depart in peace, they shall not be molested. Artifices, which deceive nobody, can only bring their authors into derision and contempt.
state disposed secretly to undermine the present administration, it would be folly and madness to form a covenant with men who are too well known as the fatalities of tyranny. They would do more injury by their support than by their enmity. But where let me ask, is the evidence that such a party exists in this state? In what instance has it been avowed, that the system of measures pursued by the present administration is hateful in the eyes of any man who bears the name of a republican? The Editors, however, of the Reconciler, appear so confident of this fact, that they tender as the first offering on the altar of reconciliation, the most unqualified condemnation of the great characters who now preside over the affairs of the union. The name of Jefferson, so dear to the heart of every genuine republican, is treated with singular contempt. That incorruptible champion of the rights of man, John Randolph, is assailed with the utmost venom of their invective. Every great and leading measure of the present administration has fallen under the censure of the Editors of the "Reconciler." Who are to be reconciled by this conduct? Can it have that effect on men who have uniformly supported all those measures which are thus reviled, and who therefore must bear a share in the censure which is thus thrown out? The Editors tell those whom they wish to gain to their party "change your principles, condemn your former friends "and yourselves, avow your apostasy, and then "we will admit you into a sole confederacy "with us, who have hitherto been your most "determined foes." They are prescribing the most dishonorable conditions, while at the same time they are trying to gain some little importance by seeking a connection, with those who are able to confer it. As well might a garrison reduced to the utmost extremity, inform the besieging army, that if they will depart in peace, they shall not be molested. Artifices, which deceive nobody, can only bring their authors into derision and contempt.
Let not the Editors of the Reconciler mistake the toleration which some of the republicans are willing to extend to a few federal officers, as an evidence of attachment to federal principles. The first tenet of a republican is an abhorrence of federal aristocracy; an attachment to the principles of liberty and the constitution is the great moving spring of all his actions. When he feels these great blessings to be secure from the attacks of their enemies, he may pause for a moment and rest from the labor of purgation . But the moment he perceives that his favorite system is incompatible with the indulgence of his fiscal benevolence, his choice is at once decided. The republican party are inspired by one mind and one soul. If insidious arts are employed to misrepresent that which is the mere effect of good humour, they will be driven to give unequivocal proofs that they are firm in the cause which they espouse. Should the Editors of the Reconciler, and those who are engaged in the same pursuits, still persevere in their present design, they will find, too late, that they are deceived in the temper of the people of Virginia; and that there is nothing more terrible than the vengeance of an offended nation.
Let not the Editors of the Reconciler mistake the toleration which some of the republicans are willing to extend to a few federal officers, as an evidence of attachment to federal principles. The first tenet of a republican is an abhorrence of federal aristocracy; an attachment to the principles of liberty and the constitution is the great moving spring of all his actions. When he feels these great blessings to be secure from the attacks of their enemies, he may pause for a moment and rest from the labor of purgation . But the moment he perceives that his favorite system is incompatible with the indulgence of his fiscal benevolence, his choice is at once decided. The republican party are inspired by one mind and one soul. If insidious arts are employed to misrepresent that which is the mere effect of good humour, they will be driven to give unequivocal proofs that they are firm in the cause which they espouse. Should the Editors of the Reconciler, and those who are engaged in the same pursuits, still persevere in their present design, they will find, too late, that they are deceived in the temper of the people of Virginia; and that there is nothing more terrible than the vengeance of an offended nation.
A REPUBLICAN.
A REPUBLICAN.
Robert King was tried on Saturday last, before the examining Court, at Harver Court-house, on the charge of murdering Thomas Littlepage. The act was justified by a considerable number of witnesses; and so conclusive was the testimony in his behalf, that 8 out of 11 magistrates, who presided on the trial, gave their voice for his acquittal. As the law of Virginia acquires the accused when there is a majority of the Bench in his favour, or even when the Bench are equally divided, of course Mr. King was set free from the prosecution.
Robert King was tried on Saturday last, before the examining Court, at Harver Court-house, on the charge of murdering Thomas Littlepage. The act was justified by a considerable number of witnesses; and so conclusive was the testimony in his behalf, that 8 out of 11 magistrates, who presided on the trial, gave their voice for his acquittal. As the law of Virginia acquires the accused when there is a majority of the Bench in his favour, or even when the Bench are equally divided, of course Mr. King was set free from the prosecution.
HATS AND SHOES.
HATS AND SHOES.
AN ASSORTMENT JUST RECEIVED, AND FOR SALE BY JUDSON & BURR, Second door above the Eagle.—ALSO,
AN ASSORTMENT JUST RECEIVED, AND FOR SALE BY JUDSON & BURR, Second door above the Eagle.—ALSO,
THREE Bales India Cottons, 1 Case 4-4 fine Irish Linens, 2 tons country refined Bar Iron. March 28.—(e p 6t.
THREE Bales India Cottons, 1 Case 4-4 fine Irish Linens, 2 tons country refined Bar Iron. March 28.—(e p 6t.
FOR SALE.
FOR SALE.
THAT valuable and well known TAVERN, with about two hundred and forty acres of LAND adjoining thereto, in the county of Henrico, about seven miles from the city of Richmond, at the junction of the Fredericksburg and Staunton roads, commonly called Gregory's Tavern, now in the occupation of Mr. Gatedwood. The advantages attached to this property are so well known as to render it unnecessary to dwell upon them in an advertisement. The terms may be known on application to the publisher, living in King William county, and the land will be shown by Mr. Gatedwood. ROGER GREGORY. March 28.—(eth 3t.
THAT valuable and well known TAVERN, with about two hundred and forty acres of LAND adjoining thereto, in the county of Henrico, about seven miles from the city of Richmond, at the junction of the Fredericksburg and Staunton roads, commonly called Gregory's Tavern, now in the occupation of Mr. Gatedwood. The advantages attached to this property are so well known as to render it unnecessary to dwell upon them in an advertisement. The terms may be known on application to the publisher, living in King William county, and the land will be shown by Mr. Gatedwood. ROGER GREGORY. March 28.—(eth 3t.
NOTICE.
NOTICE.
ALL persons indebted to the Estate of John Tabb, Esq. late of Amelia county, whether by engagements entered into with the decedent in his lifetime, or with his administrators since his death, are requested to make immediate payment. It is desired that due attention will be given to this notice, as the administrators are now about finally closing their accounts of administration, and of course, can no longer exercise any discretion respecting further indulgence. If there be any person who has just claims against the estate, not hitherto presented, they are now requested to present them for payment. THE ADMINISTRATORS. Amelia, March 28.—(eth 3t.
ALL persons indebted to the Estate of John Tabb, Esq. late of Amelia county, whether by engagements entered into with the decedent in his lifetime, or with his administrators since his death, are requested to make immediate payment. It is desired that due attention will be given to this notice, as the administrators are now about finally closing their accounts of administration, and of course, can no longer exercise any discretion respecting further indulgence. If there be any person who has just claims against the estate, not hitherto presented, they are now requested to present them for payment. THE ADMINISTRATORS. Amelia, March 28.—(eth 3t.
IN CHANCERY.
IN CHANCERY.
Williamburg Hastings Court, February 25, 1805. John Coke, administrator de bonis non of Samuel Coke, dec'd. Plaintiff. Against Robey Coke and Samuel Coke, Defendants.
Williamburg Hastings Court, February 25, 1805. John Coke, administrator de bonis non of Samuel Coke, dec'd. Plaintiff. Against Robey Coke and Samuel Coke, 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 this court, that they are not inhabitants of this state; on the motion of the plaintiff by his counsel, it is ordered that the said defendants do appear here on the first day of June Court next, and answer the bill of the complainant, and that a copy of this order be forthwith inserted in the Enquirer printed in Richmond, for two months successively, and another copy posted at the front door of the Court-House of this city. A Copy, Teste, WILLIAM RUSSELL, c. c. March 28.—(eth 2m.
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 this court, that they are not inhabitants of this state; on the motion of the plaintiff by his counsel, it is ordered that the said defendants do appear here on the first day of June Court next, and answer the bill of the complainant, and that a copy of this order be forthwith inserted in the Enquirer printed in Richmond, for two months successively, and another copy posted at the front door of the Court-House of this city. A Copy, Teste, WILLIAM RUSSELL, c. c. March 28.—(eth 2m.
TO BE SOLD.
TO BE SOLD.
BY Virtue of a DED OF TRUST, executed to me by the late Henry Randolph, Esq. to secure the payment of certain sums of money in the said Will, acknowledged to be due from him to Lyle and McCrady, merchants, a parcel of land situated in the county of Chesterfield, within the distance of four miles from Manchester, and estimated to contain about three hundred and fifteen acres. The land, commonly known by the name of Scott's tract, or the Camp tract, will be fit for all for the highest bidder, on Wednesday the first of May next, between the hours of eleven A. M. and two P. M. at Zachariah Brooks's Tavern in Manchester, on the following terms, viz.—One third of the purchase money to be paid down, one third in six months, and the remaining third in twelve months from the day of sale. Bond and security will be required for the punctual payment of the credit installments, on which payment being made, a proper conveyance will be executed by JOHN HEPENINGHAM. Chesterfield, March 28.—(e p 6t.
BY Virtue of a DED OF TRUST, executed to me by the late Henry Randolph, Esq. to secure the payment of certain sums of money in the said Will, acknowledged to be due from him to Lyle and McCrady, merchants, a parcel of land situated in the county of Chesterfield, within the distance of four miles from Manchester, and estimated to contain about three hundred and fifteen acres. The land, commonly known by the name of Scott's tract, or the Camp tract, will be fit for all for the highest bidder, on Wednesday the first of May next, between the hours of eleven A. M. and two P. M. at Zachariah Brooks's Tavern in Manchester, on the following terms, viz.—One third of the purchase money to be paid down, one third in six months, and the remaining third in twelve months from the day of sale. Bond and security will be required for the punctual payment of the credit installments, on which payment being made, a proper conveyance will be executed by JOHN HEPENINGHAM. Chesterfield, March 28.—(e p 6t.

Miscellaneous.
[The following simple and heart-flowing Verses are from the pen of ROBERT BURNS, the celebrated ploughman of Ayrshire.]
TO A MOUNTAIN DAISY, ON TURNING ONE DOWN WITH THE PLOUGH; IN APRIL 1786.
WEE, (a) modest, crimson-tipped flow'r, Thou's met me in an evil hour! For I maun (b) crush amang the flours Thy slender stem, To spare thee now is past my pow'r, Thou bonnie gem.
Alas! its no thy neebor (d) sweet, Thy bonnie Lark, companion met! Bending thee 'mang the dew-wet reet (e) ! It's for thy prettiness, that's a' the reet, And nae respect The purpling efts.
Gauldblew the litter-biting north Upon thy early blinks, birth; Yet cheerfully thou glinted (f) forth Amid the storms, Scarce reared 'bove the parent earth Thy tender form.
The flaunting flow'r, our gardens yield, High-flushing weeds and wae's (g) maun field; But thou beneath the random bield (h) O' clod or stone, Adorns the distie (k) little field, Unseen, alone.
There, in thy scanty mantle clad, The snawie hems (i) stand round about, And open thy lap to friends, that's a' the glad, And thou lies (l) down.
But now the flowre upstarts thy bed And loe thou lies (l) ! Such is the fate of artless Maid, Sweet flow'r of rural art! By love's simplicity betrayed, And guileless trust.
Till she, like thee, all laid (j) is laid Low i' the dust. Such is the fate of simple Maid, On life's rough ocean luckless laid! Unskillful to note the card Of prudent love.
Till billows rage, and gales blow hard, And whelm him o'er! Such fate to suffering worth is giv'n, Who long with wants and woes has stroiv'n By human pride or cunning driv'n.
To mid'st's brink! Till curen'd (d) of e'ry flaw that Heav'n Has, ruin'd link.
E'en thou who mourn'st the Daisie's fate, That fate is thine - no distant date! Stern Rain's plough-share driv'n, clate, Full on thy bowers, 'Till cru'd beneath the furrow's weight, Shall be thy doom.
GLOSSARY.
(a) Wee, little. (b) Maun, must. (c) Stoure, dust! particularly dust in motion. (d) Neebor, a neighbour. (e) Wet, rain, wetness. (f) Glinted, Peeped. (g) Wae's, walls. (h) Bield, shelter. (i) Hems, dry, chapt, barren.
FROM THE LONDON MONTHLY MAGAZINE FOR DECEMBER 1804.
VARIETY, LITERARY & PHILOSOPHICAL, Including Notices of Works in Hand, Domestic and Foreign.
The six rolls of papyrus, presented to the Prince of Wales by the king of Naples, are arrived in London; and under the immediate auspices of his Royal Highness, will be given to the world with all convenient speed. In the year 1800, his Royal Highness directed the Rev. John Hayter, a gentleman well qualified for the task, to go to Italy, and with a suitable provision, to exert himself on the spot, under the permission of the King of Naples, to unroll and transcribe the papyrus. Mr. Hayter addressed a letter to the Prince at the outset of his mission, in 1800, an extract from which will be interesting to our readers. "The number of the rolls saved from Herculeanum & Pompeii is said to be about 500; but if I am rightly informed by those whose official situation must give them a competent knowledge of the subject, your Royal Highness, by facilitating the development of these volumes, will probably be the means of further excavation, and of reducing from their interment an infinite quantity of others. About thirty years ago, his Sicilian Majesty ordered the development, the transcription, and the printing of those volumes which had then been saved, to be undertaken. This operation was accordingly begun, and has never been discontinued till the late invasion of the French. But its mode, however excellent, was extremely slow; it has been performed by a single person, with a single frame only, under the direction of the Marquis del Vallo, Chamberlain to the king, and president of the Royal Academy. The frame consists of several taper and oblong pieces of wood, with parallel threads of silk, that run on each side, the length of each piece; when the frame is laid on any volume, each piece of wood must be fixed precisely over each line of the page, while the respective threads, being worked beneath each line, and assisted by the corresponding piece of wood above, raise the line upwards, and disclose the characters to view. The operation seems ingenious, and well adapted to the purpose; it was, I believe, invented by a Capuchin, at Naples. The fruits of it are said to be two publications only, one on music, by the celebrated Philodemus, who was a cotemporary of Cicerone; and the other on cookery. The first is in his Majesty's library, at the Queen's palace. Through the obliging politeness of Mr. Barnard, the King's librarian, I have had the advantage of perusing it. Indeed, I hope your Royal Highness will not disapprove my acknowledging in this place, the very warm and respectful interest which both this gentleman and the Right Honourable the President of the Royal Society have expressed for the furtherance of your Royal Highness's great and good design. Meanwhile, by this specimen of Philodemus, I am convinced that, if the frames should be multiplied to the proposed extent, several pages of thirty different manuscripts might be disclosed and transcribed within the space of one week. But the very period at which the manuscripts were buried, serves to point out to your Royal Highness that you may expect the recovery of either the whole, or at least parts, of the best writers of antiquity, hitherto deemed irrecoverable. All of these in truth, had written before that period, if we except Tacitus, whose estimable works were unfortunately not composed till twenty years afterwards during the reign of Trajan. Nor can it be imagined for a moment, that among five or six hundred manuscripts, already excavated, and especially from the numberless ones which further excavations may supply, lost at such a period in two of the most capital cities, in the richest, most frequented, and most learned province of Italy, each of them an established feat of the arts & sciences, each of them the work of the most distinguished Romans, not any part of those illustrious authors should be discovered. But the manuscript of Philodemus itself makes the reverse of such an idea appear much more probable. To the moderns who have
scientific, and scientifically treated. The author himself, too, was one of the most eminent men in his time for wit, learning, and philosophy. But in the rest of the arts and sciences, in history, in poetry, the discovery of any lost writer, either in whole or in part, would be deemed a most valuable acquisition and treasure, and form a new era in literature. It is extremely fortunate that the characters of these manuscripts, whether they should be Greek or Latin, must be very obvious and legible. Before the year of our Lord 79, and some time after it, the Majestic or Uncials Letters, capital letters, were solely used. A page, therefore, in one of these manuscripts, would present to your Royal Highness an exact image of some mutilated inscription in these languages on an ancient column, statue, or sepulchre. There cannot remain a doubt, even omitting the assurances from men of official situation to that effect, that your Royal Highness's Superintendent will receive every possible assistance from the Marquis del Vallo; and in that case it seems improbable that the object of this mission can be altogether fruitless. With such a termination of it, however, your Royal Highness, by having proposed to concur with his Sicilian Majesty in the quicker and more effectual development, transcription, and publication of these manuscripts, will reap the satisfaction of having made a most princely attempt in behalf of knowledge and literature, on an occasion where their interests might be affected most materially, and in a manner of which no annals have afforded, or can hereafter afford an example. Your very interposition will only make the world feel with gratitude what you would have done. The interposition of the Prince of Wales has had the happy effect of reviving the drooping spirits of the Italian Literary, and the consequence has been, that the business of enrolling and transcribing the manuscripts now proceeds with the most promising success. In forty-six years, not more than eighteen rolls had been developed before the interference of his Royal Highness, but under his encouragement money have been recovered in two years! Several of these will be published, in the first instance, at Naples; and afterwards in this country, under the sanction of his Royal Highness, by Mr. Phillips, who will also have the honour of publishing the six original rolls which have already arrived at Carleton House.
Mr. Galtson, of Portsmouth, has made several experiments to ascertain the effect of vaccination in the hand, and has uniformly produced a vesicle distinctly different from that, from the same matter in the arm, having every resemblance, both in respect to size and the peculiar blue tint, to that which takes place in the usual disease. The result of these experiments, with further facts and observations on small-pox subsequent to vaccination, will be sent to the press in a few days.
A new economical Lamp, applicable to domestic purposes, and which possesses the valuable property of effecting the perfect combustion of common lamp oil, of half the price of spermaceti oil, inasmuch as to yield a cheerful, durable, and steady light, without producing the least smoke or smell; will shortly be laid before the public.
A spirited literary undertaking is about to be commenced on a very extensive scale, under the title of Select Modern Classics. This work which is intended to form a complete collection of the most distinguished productions of French, German, Italian, and other foreign writers, will be embellished with numerous engravings, and printed in a style of elegance, similar to Sharpe's British Classics. The translations contained in this collection will be entirely new, and the works of each writer will be accompanied with a biographical memoir and explanatory notes. This selection will appear in periodical numbers, commencing with Zimmermann's celebrated work on Solitude, which will occupy two volumes. Singular as it may appear, this is the first English translation of that popular performance, that has ever been attempted from the language, in which it was originally written.
Mr. J. W. Boswell has invented a tallow lamp which regulates its supply by a spontaneous movement; speaking of one that has been used, he says "It required no attendance whatsoever, but regulated its supply with precision, and afforded, likewise, an agreeable specific, having in its movement somewhat the air of those of an animal, from their exact relation to an evident object, and adapting themselves to all its changes." After three months' experience, we are informed that it is very convenient for reading or writing by, keeps at nearly the same height, and of the same degree of intensity, and it yields the greatest degree of light, at the smallest cost, in proportion of any invention yet made public, which is applicable to domestic purposes.
Jos. Mason Cox, M. D. of Ffipponds, near Bristol, has in the press, a work entitled Practical Observations on Infancy, in which some suggestions are offered towards an improved mode of treating diseases of the mind, and some rules proposed, which it is hoped may lead to a more humane and successful method of cure; to which are subjoined, remarks on Medical Jurisprudence as connected with diseased intellect.
M. Knobelsdorf has presented to the Royal Academy of Sciences, at Berlin, since his return from the embassy at Constantinople, 12 volumes of Persian manuscripts, which he collected during his residence in the east. His present comprehends. 1. The great history of the East, by Mirkond, in 6 vols. 2. Select Histories. 3. A History of the family Sefi, down to Shah Abbas. 4. The History of Nadir Shah; and 5. Two works of the celebrated poet Giani.
About a century ago, Sophia Eleonora, of Stolberg, began a collection of Funeral Oration, which has been preserved and increased till it now forms a treasure of great value; the catalogue of which, about to be published, forms of itself a large folio volume.
Counsellor D'Osseld has formed a collection of 63,000 Geographical Maps, which the King of Prussia has lately purchased for 20,000 florins.
Giobert has found that a white earth considered as pure alumine, and employed at Turin in the fabrication of porcelain, contains 8 of magnesia.
The Hydraulic Ram of M. Mongolfer, has been constructed at Schaffhausen by Counsellor Fischer, in a very ingenious manner. The machine is made in the form of a beautiful antique altar, nearly in the style of that of Ecclipsius, as represented in different engravings. A basin about six inches in depth, and from eighteen to twenty in diameter, receives the water, which enters into pipes that descend in a spiral form into the base of the altar. The water, by its weight, puts in motion a valve; a third of the water nearly escapes, but the rest, by the pressure of the valve, is forced into the receiver, and thence rises in very narrow pipes. As it ascends slowly, the resistance of the air makes no sensible impression, so that by means of this machine, which continually acts by itself, water may be conveyed from a lake or a river, on houses situated on a mountain. M. Fischer has conveyed water by it to a castle which stands at the height of several hundred feet above the level of the Rhine.
This seems the machine, of which Mr. Le Poole lately exhibited a model in the city of Richmond. Various attempts were made to explain the manner of its operation, but not one was fortunate enough to make the discovery. The botanists sent by the king of Spain, to Peru, have received from the minister of justice of the Indies, 52 descriptions of precious plants, which the botanist Don Juan Tafalla transmitted to the president of Quito, to enrich the Flora of Peru and Chili, which those botanists are publishing, conformably to the orders of government. Among these have been found two new genera of the Pentandra and Dilyania, accompanied with drawings, and many new species of known genera. In this number is the red Cinchona, or coloured Quinquina, a very different genus from the red Quinquina of Peru and Santa Fe, of which no drawing or description before existed. A number of silver medals of Marcellus have lately been found about a league and a half from Aix. They were discovered in a vineyard at the depth of three feet, in an earthen pot. There were about sixty of the same size, and bearing the same impression as generally met with on the medals of Marcellus, the head of Diana, and a lion on the reverse; about 150 of a smaller kind divided into four compartments on the reverse with the letters M. A. One only represents the head of Apollo crowned with lau-
rel, and on the reverse an ox, with the word (MASSA). This medal is extremely well struck; it is curious, and has never been described; being one of the very small number of the silver medals of Marcellus representing an ox instead of a lion.
The discovery of another new planet has been announced in Germany.
M. Proust has found that a spirit may be extracted from the fruit of the carob tree, which grows in great abundance in Spain, along the coast of the Mediterranean, and has hitherto been employed only for feeding cattle. After being properly fermented, he produced a pint of spirit for every five pounds of dry fruit. Though the liquor retains something of the smell of the fruit, the taste is not at all disagreeable; and he has made spirits from this material inferior in no respect to the liquors which are in general use.
M. Sage informs us, that the colour, grain and hardness of steel, may be given to copper, by the following process: - Take the copper in its metallic state, and melt it down with two parts of animal glass, and twelve of powdered charcoal; but it is necessary that the copper should present a large surface. This advantage is obtained by placing small pieces of that metal in layers, alternately with the animal glass mixed with the powdered charcoal. The crucible must then be exposed to a brisk fire, to melt the animal glass; phosphorus is then formed, the greatest part of which burns, while the other combines with the copper, in which it is so enveloped that it cannot disengage itself, though kept in fusion twenty minutes under the animal glass, which is not decomposed. The crucible being left to cool and broken, you find under the glass, which has passed to the state of red enamel, the phosphorated copper, under the form of a grey and shining button, which, upon being weighed, is found to have gained one twelfth by the operation. The phosphorated copper is much more easily melted than common copper, and it may be fused under powdered charcoal without losing any of its properties. The metal thus combined with phosphorus, acquires the hardness, grain and colour of steel, and, like it, is susceptible of the finest polish; it may be turned with ease, and is not changed by the air. M. Sage asserts, that he has kept polished buttons of phosphorated copper in his laboratory fifteen years, during which time they have undergone no alteration. The red enamel, formed in the process, may be employed with advantage for porcelain and enamels, as its colour is not changed by fire.
Success of GALVANISM. - A London paper of Jan. 11, says. We are informed that the celebrated Mr. Sully, who lately performed so extraordinary a cure on the blind seaman Francis Cook, in the course of his extensive practice frequently applied the Galvanic matter, but in a mode entirely peculiar to himself - The number of cures he has wrought in every species of disease incident to the eye, is astonishing; and the more so because Guttta Serena yields to his skill, with the same facility as the rest - The many cases also of Paralysis, Stiff Joints and Violent Contractions, relieved by his mode of applying his Galvanic matter, are beyond belief. It is reported he is about to favor the public with the particulars of some of his most important cures, and a philosophical and practical dissertation on Galvanic influence.
NOTICE. It is hereby given, that at a meeting of the Board of Directors of the Mutual Alliance Society against Fire on Buildings of the State of Virginia, held on the 22d February, 1805 - they adopted the following:
ARTICLE 9. Sec. 1. No person, who is or shall be a member of this Society, shall be considered as withdrawn therefrom, until six weeks shall have elapsed from and after the period, at which the notice of his intention to withdraw shall be delivered to the Principal Agent, and all persons members of this Society, who may at any time hereafter, give to the Principal Agent notice of their intention to withdraw from the same, shall pay to the Cashier General, or some authorised collector of the Society, as well the premium or premiums, quota or quotas, which may be called for between the date of the delivery of such notice, and the lapse of six weeks thereafter, as the premium or premiums, quota or quotas which may have been due previous to the date of the notice; otherwise such persons, the delivery of a notice to that effect notwithstanding, shall not be considered as withdrawn from the Society.
The above 9th article is a true extract from the records. Teste, W. F. AST, Principal Agent.
AS under the act of the General Assembly, passed on the 29th January last, all buildings situated in towns established by law, and also those situated in the suburbs thereof, shall be considered to come under the town insurance - and the board having determined that the buildings situated within one mile of the limits of such towns, shall be considered as in the suburbs of such towns: It will on a fair computation be found that the buildings in the towns and suburbs thereof, amount to at least twelve millions of dollars: then 135 buildings must burn every year amounting to 120,000 dollars, to come up to the annual premiums paid in the insurance companies as broad. Taking all the losses together which have taken place in the towns, I think that they do not amount, during thirty years back, to half a million - of course do not average seventeen thousand dollars, or about 17 buildings per annum. Consequently the average loss is only about fourteen cents or about one seventh per cent a year: Then notwithstanding the enormous fires which have befallen the towns, show me the insurance company that will insure upon better terms. What is paid to them goes out of the country; what is paid here is employed to secure our unfortunate fellow citizens.
The foregoing statement shows plainly that the Mutual Insurance is preferable to any whatsoever. To insure in an Insurance Company is too expensive, and besides that the society of a few speculating individuals precarious. Buildings in towns, suburbs and country, being ALL liable to be destroyed by fire, renders it too hazardous for a man to stand his own insurance the laws and regulations and particularly the rates of hazard have been reformed - so that buildings standing by themselves pay a great deal less than those hazardously situated, which will be seen by the new laws and regulations which are now in the press, and will in a few days be furnished to each member of the society.
W. F. AST. Richmond, March 29, 1805. (1 a w 2 w.)
TO RENT. AND POSSESSION GIVEN IMMEDIATELY, A TENEMENT on Shockoe Hill, adjoining the house now occupied by Mr. John McCredie, lately possessed by the Subscriber. There is on it a convenient Wooden House with two rooms, a closet and a passage, on the first floor. Two rooms and a closet above, a kitchen and three cellars below with a Smoke House and Garden. Wm. LONG. January 17th 1805. epf.
NOTICE. THE subscribers bearing out an end to their retail business, request the debtors to this firm to come forward, without loss of time, to have their accounts adjusted, and to pay what may be due. As great indulgence has been already given, further cannot reasonably be expected. George McCredie will attend at this place, for the purpose of settling the accounts, and receiving payments. Those who do not pay, or give satisfactory assurance of paying soon, must blame themselves if suits are instituted against them. LYLE & McCREDIE. Manchester, Feb. 5. (cp840.)
VALUABLE PROPERTY FOR SALE.
WILL BE SOLD, to the highest bidder, on the premises, on the third day of April next, at 12 o'clock, an undivided moiety in the two lots of ground, formerly the property of Andrew Ronald, dec'd. fronting the Basin of the James River Canal, near the center of the city of Richmond, with an undivided moiety of all the valuable buildings thereon, consisting of a large three story BRICK BUILDING, eighty feet in length, with fourtenements, twenty feet wide and forty-five feet in length, with fire places on the first and second floors, roomy garrets in each, with large wells fixed for boiling and lowering packages, &c. with dispatch and ease, good dry cellars, with fire places in each. This house has been lately built and in good repair; adjoining is a well finished two story framed dwelling house, thirty eight feet square, with two good cellars, with fire places in each for cooking, in the first and second floors are eight rooms and six fire places - Also, a small two story Brick House with four rooms, with fire places in each, convenient for a store or small family, likewise a small wooden building with a cellar, built for a kitchen, and may be used as a shop; also two stables and a carriage house. The buildings except the kitchen, stable and carriage house, are insured in the Mutual Insurance Company against fire in the state of Virginia, and the premiums paid. The lots front the basin on one side, and are bounded by Cary's street, and the street leading to Shockoe warehouse, on the two other sides of them, and are as convenient for commercial or other business as any in the city. The terms of sale, will be seventeen thousand dollars in ready money, the residue payable the fifth day of August next, for which residue, bond with approved security will be required. It is deemed unnecessary to state the great value of the above property, to those who reside in this city, but for the information of strangers, the subscriber begs leave to state, that the aforesaid property is immediately opposite the lower part of the basin of the James river canal, where all the produce of the upper country is landed; and to any person desirous of carrying on the communication business extensively, perhaps is superior to any other in this city. February 8. - if WILLIAM AUSTIN.
** From circumstances not attended to when the above valuable property was advertised for sale, the subscriber has postponed the day of sale, till Wednesday the Eighth day of May next, at which time it will certainly take place at 12 o'clock on the premises: when one fourth of the purchase money only will be required in hand, and a credit of three, six and nine months given for the balance, the purchaser to give bonds and security to carry interest from the day of sale, and a deed of trust on the property to secure the payment. Wm. AUSTIN. March 12.
CHOICE LANDS - FOR SALE. A DIVISION of the famous Saura Town Lands having taken place between the heirs of James Park Farley, Esq. dec'd. and Col. John S. Farley and his sister Mrs. Elizabeth Morton, the subscribers, Robert Taylor of Norfolk, and Charles Duncan at Ross near Peterburg, are fully empowered by their said Col. Farley and Mrs. Morton, to dispose of their proportion, containing 12,832 acres, which are surveyed and laid off in eight lots, containing from 500 to 2800 acres, agreeable to plots in the possession of the said Duncan. The four largest lots are of excellent quality, each containing a considerable proportion of the richest low grounds, which produce tobacco of the very first quality, as has been experienced by one of the subscribers, who shipped it for a number of years. These lands lie on Dan and Smith's rivers, in Rockingham county, on the borders of North Carolina, about 170 miles from Peterburg and Richmond. As there are seldom such lands for sale, they must be an object to those who want to purchase such as will produce fine tobacco, hemp and small grain. One third of the price must be paid in ready money, one third in twelve months, and the other third in two years, the purchaser giving bond with unexceptionable security. The interest from the date if not punctually paid. Those who wish to purchase will be shown the lands by Doctor John C. Cox, living at Leekville, near Rockingham Court-House, and the terms made known by ROBERT TAYLOR, or CHARLES DUNCAN. Peterburg, Nov. 24. epf.
A TRACT OF LAND. THE subscriber offers for sale, a tract of land, on which he at present resides, situated in the county of Westmoreland, and bounded by the rivers Potomac and Rappahannock. This tract contains about seven hundred acres of strong loam grounds, one half of which is thickly covered with very valuable pine and oak timber, and the soil well suited to the culture of corn and small grain: the situation a very healthy, and handsome one, commanding an extensive view up, and a beautiful view down the Potomac. The waters to which this land is immediately attached afford an abundance and with great convenience the finest oysters and wild fowl in their season; and fish in great variety and of the best kind throughout the year. The purchaser may have the flock of cattle, sheep and hogs, together with the implements of husbandry on the plantation. One half the amount of purchase must be paid at the time of taking possession, which may be had with the style of the present year with unexceptionable title; for the remainder, twelve months credit will be given on payment being satisfactorily secured. ALEXANDER PARKER. Westmoreland, March 19. (epf.)
N. BOUDET & SON, RESPECTFULLY acquaint the Ladies and Gentlemen of this City, that they intend opening a PAINTING ACADEMY this day, Thursday the 21st inst. in the house opposite the Swan Tavern - and which was occupied by Mr. Warrel; where they will take Likenesses in large and in Miniature, in the most elegant style, every morning from 9 until 12 o'clock; (no likeness, no pay); and will teach Drawing by the belt and shortest method, three days in the week; viz. Thursday, Friday, and Saturday, from 12 until 2 o'clock. BOUDET, jun. will also teach Dancing at the same house, three days in the week; viz. Thursday, Friday, and Saturday, from 3 until 6 o'clock in the evening. The terms for Drawing are six dollars per month, that will be up in thirty days from the first lesson. The terms for dancing, are five dollars entrance, and ten dollars per quarter, that will be up in ninety days from the first lesson. March 21. (3t.)
WILL BE SOLD, At Public Auction, on Saturday the 30th day of April next, at the Rawleigh Tavern, in the city of Williamsburg; THAT valuable Plantation called YARMOUTH, lying in James City county, on Chickahominy River, ten miles from Williamsburg. The improvements are, a two story brick house, with two rooms and a passage above and below; porticoes on each side; a large and capacious barn, and three other out-houses. The whole tract, including an island, in view of the house, high and low land with marshes, contains about 2700 acres; scarcely one third of which is cleared. Two thirds of the island is arable, which, with the land adjoining the house, is of superior quality. Adjacent to the island are two bold and navigable creeks, with a convenient landing to each. The range for cattle is very extensive, and the marshes and meadows will supply an abundance of hay. Fish and wild fowl, in their respective seasons, may with ease be obtained at your door. The orchards, consisting of the greatest variety of all kinds of fruit, selected with care, are now in their prime. The terms of sale are one third cash and one, two and three equal annual payments, for the balance. PEYTON RANDOLPH, Jr. For ELIZA INNES. Feb. 19. (cpdts)
CASH WILL be given for 12 or 15 BOYS, from 7 to 12 years old. Enquire of the Printers. Dec. 15. [epf.]
Wm. M'KENZIE & Co.
HAVE FOR SALE - 4000 Dollars Military Certificates, bearing interest at 6 per cent, and stock of the Bank of Virginia. February 26. epf
FOR CASH.
Will be sold for cash, on Saturday the 30th inst. at the house of Mr. John Trubel, by virtue of a deed of trust from James Chesbrough to the subscriber to satisfy sundry debts therein mentioned.
ONE forrel horse, three feather beds and furniture, and a negro man named Billy or Will - Sale to take place at one o'clock. ROBERT GRAHAM. Manchester, 19th March. epdts.
NOTICE.
THE election for Common Councilmen will take place on the first Wednesday in April next, in the different Wards of this city, to wit: In Jefferson Ward, at the Court-House - In Madison Ward, at the Eagle Tavern, and in Monroe Ward, at the house occupied by Mr. James Ogilvie as an academy.
J. WHITELAW, Serjeant of the City of Richmond. (1st week)
BRITISH Linens and Sheetings; Superfine Cloths and Calfskins; India, Italian and French Silks; Do. Mott Mull Muslins; Do. do. do. Hdkfs. Fancy Muslins, Vails and Shawls; Colonial Muslins; Cambric Dimities & Calicoes; Laced Capricorn Petts; Do. Hdkfs and Shawls; Do. Gloves and Mitts; Wasp Leather and Kid Gloves. For Sale by BARTLETT STILL. January 18. tf
FOR SALE,
By the Subscribers, at their PAINT & OIL MANUFACTORY, Water-Street, Norfolk:
WHITE LEAD, Yellow Ochre, Venetian Red, Spanish Brown, Black & Lead Colour for painting roofs, Blue and Green in pots of 1, 2 & 3 lbs. each, Vermilion, Prussian Blue, Patent Yellow, Red Lead, Litharge, Sugar of Lead, White Variol, Ivory Black. Ground in Oil and in 28 1/2 lbs. kegs.
1200 gallons Dutch Linseed Oil, Spirits of Turpentine, Coal and Turpentine, Varnish and Window Glass, of all sizes. Orders for any of the above articles, left with Messrs. Pfoffer & Mearns, Richmond, will be attended to immediately, by JOHN RONKE & CO. Norfolk, March 1, 1805. (cpf)
NOTICE.
THAT Mr. Anthony Dibrell of Buckingham county, is hereby fully authorised to make sale of one TRACT OF LAND, in Patrick, containing 5000 acres, lying on Dan river - three ditto in Grayson county, lying on the waters of Little Reed Island creek - two of a thousand acres each, and one of 500 acres; the said Dibrell will attend at next April Grayson court for the sale of the said lands for and on behalf of NATHAN ANDERSON. Albemarle county, March 19, 1805. (tds.)
FOR RENT: THE Large White House at Rocketts, formerly occupied by Mr. William Fenwick and afterwards by Mr. Braxton Craddock. For terms apply to GALLEGO, RICHARD & CO. January 11. (tf)
BANK OF VIRGINIA.
THE Shareholders are hereby notified, that the fourth installment will become due on Saturday the 6th of April, and will be received at the Bank and at the offices of Discount and Deposit at Norfolk, Peterburg and Frederickburg. Certificates of Stock will after that day be issued on application at the Bank. March 8, 1805. (ap1M)
BURR MILL STONES, of all sizes; and PLAISTER OF PARIS, of an excellent quality, FOR SALE, AS USUAL, BY WILLIAM DAVIDSON, near the Market. Dec. 4. [epf.]
CHARLES SPENCER, HAS just received by the Ship Industry, from Liverpool, a variety of Jarreons and Hardware, amongst which are Joiner's Blacksmith's & Bricklayer's Tools; a quantity of Ennui, Glue, Seine Twine, Drum Cork and Sash Cord; some Midford Flour, of superior quality, in Boxes of 3 and 4 lbs. each; Traveling Shaving Cases, with the very best Razors; Blank Memorandum and Pocket Books in great variety; a few reams of extra sized Wrapping and Cartridge Paper, &c. March 6. (daw3w)
BROKER'S OFFICE.
THE Subscriber has opened a Broker's Office, opposite the Union Tavern, and over the Counting-house of Thomas and Amos Ladd. All business confided to him, will be transacted with strict fidelity. THOMAS NORVELL. He has for sale - A FEW SHARES IN THE MANCHESTER TURNPIKE. Also - Old State Certificates, bearing six per cent interest. March 12. tf
FOR SALE, A LIKELY young negro fellow, a BLACK SMITH by trade, and is well acquainted with the making of plantation utensils. For terms apply to PETER RUST. Richmond County, Feb. 8. - et2m
ADVERTISEMENT.
To be SOLD to the highest bidder, on a credit of twelve months,
FIVE TRACTS OF LAND, belonging to the estate of Thomas Anderson, dec. viz: - One in Campbell county, of 100 acres, lying on both sides of the main road, on the branches of Beaver Creek; this tract to be sold at next April Campbell court, being the 8th day of the month.
One in Botetourt county of 160 acres, lying on Catawba creek; this tract to be sold at next April Botetourt court, being the 11th day of the month; these two sales to be attended by Mr. Anthony Dibrell, who is hereby fully authorised to act for the executors of the said Thomas Anderson.
One of 400 acres, one of 147 acres, and one of 50 acres, lying in Buckingham county, the two former on the waters of Rock Island creek, and the latter one on Irving's ferry road. These three last tracts to be sold at next May Buckingham court, being the 19th day of the month. Bond with approved security will be required, to bear interest from this date, but if punctually paid the interest shall be remitted.
NATHAN ANDERSON, & ROBERT RIVES. Exrs of Thos. Anderson, dec. Albemarle county, March 19, 1805. tds.
Printing,
IN ALL ITS VARIETY, EXECUTED AT THE OFFICE of the ENQUIRER.