The enquirer (Richmond, Va.), 1806-07-29 00:00:00

The Enquirer.
PUBLISHED BY THOMAS RITCHIE, OPPOSITE THE POST-OFFICE.....AT FIVE DOLLARS PER ANNUM.....(PAYABLE IN ADVANCE.)
NUMBER 24.]
RICHMOND, TUESDAY MORNING, JULY 29, 1806.
[VOLUME 3.]
Richmond Prices Current.
Table with 3 columns: Item, Dols., Cts. Rows include Tobacco, Wheat, New, Flour, Corn Meal, Bacon, Bar Iron, Whiskey.
THOMAS RUTHERFOORD & Co.
Are desirous to sell... Crates Queens Ware, and a quantity of Liverpool Salt...
LAND FOR SALE.
On the second Saturday in August next, will be exposed to sale, at public Auction, in John Anderson's Tavern...
JOHN ADAMS.
(uswdf.)
RICHMOND ACADEMY LOTTERY.
NOTICE is hereby given, that the Trustees have appointed the 1st day of August next...
GEORGE TUCKER, Acting Trustee.
(oatd11A-)
FOR SALE.
THAT extensive and valuable property formerly owned by Prof. J. Thornton, Esq., and late the property of Sharp Delany, Esq., deceased...
TREASURY DEPARTMENT OF THE UNITED STATES.
WHEREAS the Commissioners of the Sinking Fund, at a meeting held on the 28th day of April, 1806, did resolve...
ALBERT GALLATIN.
Secy. of the Treasury. (oaw 1135)
NOTICE.
ALL persons are forewarned from renting any loading on board of my Boats...
DANIEL COUCH.
Lynchburg, July 13.
FOR SALE—on the lowest terms:
2500 Sacks of LIVERPOOL SALT, and 90 crates of LIVERPOOL EARTHEN WARE...
OVERTON ANDERSON.
May 23. (tf)
BURR MILL STONES, OF ALL SIZES; and PLAISTER OF PARIS...
WILLIAM DAVIDSON, near the Market. (sp1f.)
TO BE RENTED.
THE large THREE STORY HOUSE on the Main-Street east of the Market...
JACOB I. COHEN.
(law tf)
REMOVAL.
DOCTOR WILSON has removed from the Bell Tavern to the Brick House...
MEDICINES, PAINTS, &c.
The whole of which he offers for sale at reduced prices.
FOR SALE.
Orders from Physicians, Merchants and others, will be promptly attended to...
JUST PUBLISHED.
By Jacob Johnson, and for sale at his Book-Store...
HOUSES & LOT FOR SALE.
WE offer for sale the Houses and Lot near to Mr. Rutherford's dwelling...
VALUABLE LOTS AT ROCKETTS, FOR SALE.
THE Subscriber intending shortly for Europe is desirous to sell the whole of his Property in this City...
JOHN BANKS.
(d.)
A FEW Copies of a Correct View of Richmond...
July 25. (tf.)
FOR LONDON.
The fast sailing American ship AVERICK.
WANTED IMMEDIATELY.
An Active Young Man to act as a BAR-KEEPER...
TO BE RENTED—The Tenement where I now reside...
April 11. (tf)
NOTICE.
THE partnership of John Butler & Co. at Cartersville, is this day dissolved...
NOTICE.
ALL persons having claims against the estate of Robert Briscoe, dec'd., late of Powhatan county...
THE Subscriber has a large quantity of very good BRICKS on hand...
July 1. (tf)
A GENERAL ASSORTMENT OF BLANKS, FOR SALE AT THIS OFFICE.
Foreign Intelligence.
HAGUE, June 5.
His excellency Mr. R. T. Schimmelpennick has this day resigned his post...
REGENSBURG, May 8.
This day the directorial minister the baron of Albin, gave notice to the imperial diet...
Continuation of news received by the Nimrod...
arrived at New-York from Halifax.
LONDON, May 25.
The method of punishing the seamen on board the men of war...
HOUSE OF COMMONS, May 23.
The Secretary at war rose, and moved "That the thanks of this house be given to those members who were appointed managers of the impeachment of Lord Melville..."
NOTICE.
The question was put and was carried with one dissentient voice.
NOTICE.
This house has, upon the result of so great and important an inquiry...
NOTICE.
The Secretary at war then rose, to return thanks to the managers...
NOTICE.
The motion was carried nem. con.
NOTICE.
Lord Melville's case continues to occupy the whole attention of the lords...
NOTICE.
Lord Henry Petty last night proposed an additional rate of 10 per centum on the amount of the present assessment...
thing more. This was intended for the benefit of persons having small incomes and large families...
June 3.
BALTIC TRADE.
The aggregate value of the exports, from all the Baltic ports to all places, according to the prime cost shipped on board...
INWARDS.
Table with 4 columns: British Vessels, Tons, Foreign Vessels, Tons. Rows for 1800, 1801, 1802.
OUTWARDS.
Table with 4 columns: British Vessels, Tons, Foreign Vessels, Tons. Rows for 1800, 1801, 1802.
LEYDON, June 5.
Letters from the empire brings the two following important articles of intelligence...
NAPLES, May 19.
The day of the 11th of this month will be an epocha in the annals of Naples.
From the Paris Argus of May 29.
We have received London Papers to the 20th May. The most important matter they contain...

In morality as in policy, this principle may be applied to continental wars. Then would there no longer require an army to besiege an enemy's place; by a simple diplomatical Note, the French cabinet might interdict to those of Vienna, Lisbon, or Copenhagen all commercial relations with England. The maritime system of that power may be effectually opposed by a continental system much easier to be supported. Mr. Fox has frequently observed that every thing which his predecessors had done to diminish the power of France, had ultimately contributed to her aggrandizement; but has he himself no apprehension of giving his enemy the right of undertaking every thing to rid nations of the yoke which he presumes to threaten them with? It is easier for France and her allies to blockade the trade of England, than for the latter to close the ports of France, Holland and Prussia.
Be it as it may, this measure particularly attacks the American commerce, and tis to be believed that the U. S. will feel its full importance: they may concur in the generous enterprise of the French government, and may thereby share its profit and its glory. A few personal considerations cannot long silence the general interest; the maritime system of England directly attacks every continental power who wishes to profit of the treasures of her territory or of her industry.
The note in question appears to set some restrictions on the rigor of the blockade; this seems to be a forced acknowledgement of the rights which it outrageously violates. But these restrictions are really of no advantage to neutrals. Their commercial expeditions are always unsafe as long as any English captain may annoy them, as long as England may at her pleasure lengthen the list of contraband goods; as long as they shall even be fixed in so vague a manner as to furnish an easy pretext to cupidity to despoil the merchant who shall have exposed his property upon the faith of Treaties or of prior Conventions, or Decrees! Besides, these restrictions are established much less through respect for the rights of Neutrals, than from a crafty speculation for the trade of England. Nobody is ignorant that the stands in need of neutral flags to glut the continent with her merchandise. She would lose much more than France by her executing the blockade to its full rigor. Thus her coyishness betrays the secret of her weakness and hastens the moment of her ruin.
From London papers to the 11th ult. received at the office of the Philadelphia Register.
FRANKFORT, May 24. The king of Sweden has received a considerable sum of money at Hamburg, which has been sent to him by his Britannic majesty.
GENOA, May 14. The flotta that lately left Naples has reached its destination, without meeting with any accident. His majesty, satisfied with the reception he has met with in Catania, intends to visit Apulia, but without losing sight of the grand object of the public good which requires his return to the capital. On the 5th instant, some hundreds of disaffected persons were sent from Naples to Piedmont, as exiles.
ST. PETERSBURGH, April 13. Our court is very much displeased with the possession of Cattaro. So far from beginning a new war with France, a part of the troops that were at Corfu were ordered to the Black Sea and some of them had arrived in the Crimea. M. Ruffin, chancellor of the French consulate, is arrived here from Paris, and we learn with satisfaction, that the Emperor Napoleon has ordered all the Russian ships to be released that were detained in the French ports at the beginning of the war. All the French houses of commerce established here, which had been much alarmed for their property, are now tranquil. The consular general Lafosse is authorized to remain here; and he has had several conferences with our minister for foreign affairs.
[Let it be here recollected that the above is taken from the French official paper, the Moniteur.]
RATISBON, May 25. Whatever might have been at first proposed, with respect to ceding the duchy of Ansbach to the King of Bavaria, it is certain that the French still keep possession of that country, without making any visible disposition to transfer it; and it is probable, that this will be the case till a general peace shall take place.
STOCKHOLM, May 13. A fleet has sailed from Carlscrona, for the purpose of blockading the Prussian ports in the Baltic. From this circumstance one would conclude that something decisive of the fate of Pomerania must take place. The London Traveller, of the 31st of May, contains the following observations:—The discussion of last night on the military defence bill was long and animated, and rendered remarkable on account of some sentiments uttered by Mr. Fox, which we presume to be also in the spirit of that administration of which he forms so distinguished a part. Speaking of invasion, he observed, "that he differed much from some of his friends on that subject.—He by no means dreaded invasion. He thought we had, in the first place, a powerful security in the superiority of our navy; and in the second place, in the spirit of the British nation, which he was convinced was abundantly sufficient to triumph ultimately over any army that could invade this country. When he was asked, then, "why do you want a greater army? I have not soldiers enough to defend the country?" he should answer, "we have enough and more than enough." So far from thinking the number too few to defend the country, he would state most distinctly, that if he saw any prospect of recovering for Europe what had been lost in the late unfortunate campaign, he should have no objection to raise a part of the army we possess in the attempt . He thought that we should think of acting offensively in the war, as far as our powers extended." It is evident, from this, that whenever the powers of the continent shall find themselves in a state to resist the encroachments and tyranny of France, they may reckon upon the strenuous co-operation of this country, as long as its councils shall be guided by the present ministry. The right hon. Secretary took an opportunity, in the course of his speech, of throwing out his ideas respecting that kind of peace which he was anxious to obtain.—He expressly stated that "he wished for such a peace as could be made on tolerable terms, but then the character of the peace he wished for was, that it should preserve our connections with the continent of Europe, and not give up any thing which the point of honor forbade us to give up." These spirited and dignified sentiments were enthusiastically cheered from all sides of the house.
In a late contested political question, the English House of Commons divided—for the minister 254—opposition 125—ministerial majority 129. We mistook when we mentioned, that the British American Intercourse bill had passed both houses of the English parliament. The fact is, at the last date, it had passed the House of Lords only, where it originated. It was, however, expected, as it was advocated by the ministry, it would also pass the commons. Boff. pap.
In the bill before the British Parliament for permitting commercial intercourse between the United States, and the British West-India colonies, we understand that the importation of beef and pork is not allowed. Id.
Antwerp accounts to the 15th ult. received at Boston, state, that the blockade of the Dutch and French ports, as announced in Mr. Fox's letter, had taken effect; that several neutrals (bound probably to ports between the Seine and Oise) had been stopped, sent away, and their registers endorsed: That the British continued to capture and fend in all the Prussian vessels they fell in with; and that they had not heard at Antwerp of any accommodation between Prussia and England. The letters from Antwerp do not speak of any embarrassments having arisen from the blockade; but on the contrary, sugar and coffee had fallen in price.
A kind of influenza, which spares no one, at present prevails in Spain. Fortunately, it is seldom fatal. The whole of the royal family have been attacked by it. At Barcel na, where this malady commenced, 28,300 persons were ill of it at once. Lon. pap.
The property duty bill, passed on Wednesday in the house of commons—is in length three hundred yards of parchment. The speaker was unable to grasp it, and in this we imagine he will be followed by many others.— Ibid.
West-Indies.
THE FRENCH AND BRITISH FLEETS IN THE WEST-INDIES.
To Captain Webb, of the schooner Catharine Shepherd, in 14 days from Antigua, we are indebted for the following particulars respecting the two hostile fleets. The French fleet under Villeneuve, having got out of Martinique, (the day Captain Webb does not know,) reached Montserrat, composed of six sail of the line, two frigates, and a corvette, on the 31st of July. The French officers stated to the inhabitants of that island, that their object was to take the ships of the homeward bound fleet that they expected to find there, and not to disturb them. Finding the fleet had failed, the French fleet proceeded to Nevis and St. Kitts in pursuit of it, but the fleet while in St. Kitts waiting for a stronger convoy, learned that the French fleet was at Montserrat, got under weigh immediately, and went through the Southern passage. In seven hours after the French fleet appeared off St. Kitts, and went in pursuit. The fleet failed from St. Kitts on the 4th of July—On the 5th in the morning, admiral Cochrane, with 4 sail of the line and two heavy frigates appeared off Antigua and went immediately in quest of the French fleet. Great apprehensions were entertained at Antigua for the safety of the merchantmen, consisting of upwards of 100 sail of ships; indeed every one expected that it would be destroyed before admiral Cochrane could get up. It is probable from what follows that the fears entertained for the safety of the fleet were groundless, the French fleet having it may be supposed taken a different route.
On the 16th inst. in lat. 28, long. 69, capt. Webb fell in with the ship Recovery, of Bridge-Port, capt. Preble, 6 days from St. Thomas, bound to N. York, who informed capt. W. of the following particulars. On the 16th of July, the French fleet passed the harbour of St. Thomas, and in one hour afterwards, admiral Cochrane hove in sight, and gave chase to the French fleet. The fleets having got within three leagues of each other, the French ships brought too, and waited for admiral Cochrane. This was all capt. Webb could learn from capt. Preble, as it was blowing fresh. There has no doubt been an action, and although the French are one half stronger in number, yet admiral Cochrane was very sanguine of giving a good account of them. It was said that the French ships were badly mangled. Ledger.
PHILADELPHIA, July 22. FROM OUR CORRESPONDENT.
"Yesterday arrived Schooner Gov. McKean, captain Patterson, 12 days from St. Thomas. Captain P. left St. Thomas 6th July, ship Harriet, Powers, of Philadelphia, for Santo Domingo, next day; brig Hunter, Childs, to sail next day for Leeward; a schooner with Philadelphia on her Bern, went in with the Governor McKean came out; the brig Maria, Sharp, of and for Wilmington, Del. failed in company. Capt. Miller and Mr. Taylor, of Philadelphia, on board. Soon after leaving St. Thomas, capt. Patterson was boarded by a French ship of 74 guns, five other ships of the line and a frigate in company, who soon after went down Sail Rock passage, and in flight to windward were four British ships and three frigates. One of the British ships had lost her bowsprit and main-yard. The last capt. P. saw of the squadron, they were within two miles of each other, laying to. The English did not go through the Sail-Rock passage, but were lying with their heads to the southward, and the French with their heads to the northward.—Capt. P. passed between the fleets, and supposes that when the gale was over, it was probable they would come to action."
NEW-YORK, July 19.
Captain M'Kean, from Tortola, informs us that admiral Cochrane's ship Northumberland, had been disabled in a severe gale, while blockading Jerome Bonaparte, off Martinique, and was towed into Martinique by a British Frigate. Mer. Adv.
Domestic Intelligence.
NEW-YORK, JULY 16. CIRCUIT COURT OF THE UNITED STATES NEW-YORK DISTRICT.
SIXTH DAY.
The Court met at 10 o'clock, pursuant to adjournment. Present Judge TALMADGE. The jury and the witnesses having called, Judge Talmadge stated to the jury that Judge Patterson being too indisposed to attend the trial, and a mournful occurrence having taken place in his own family, (we understand the death of a child) he found it necessary to adjourn the Court until 9 o'clock on Monday morning.
SEVENTH DAY.
The Court met at 10 o'clock, pursuant to adjournment. Present Judge TALMADGE. The examination of the witnesses on the part
of the prosecution, was continued, and occupied the whole of the day, from nine to three o'clock.
The witnesses were Daniel Ludlow, Wm. Wallace, Thomas Sweenon, John Moore, Joseph Price, Samuel Corp, Cornelius Brinkerhoff, William Shields, Wm. Weyman, John Corne, John M'Bride, James Clelland, John Murray, Augustus Fleming, Newington Grenard, Martin Boorman, James Burbank, Anthony Bird, N. Ward, John Gantz, Francis Gantz, George F. 4 pkins, Jonas Macey, Thomas Stakes, John Swartwout, Richard Platt, John Fink, and Peter Rife.
The court adjourned till this morning, at 10 o'clock.
From the American Citizen.
UNITED STATES vs. WM. S. SMITH.
[CONTINUED.]
Tuesday morning.—The defendant's counsel produced a special affidavit. It had, however, in our opinion, but a remote, if any relation to the decision of the court the preceding day, namely, that the offence of the defendant, if any, being committed in the city of New-York, when Mr. Madison was at Washington, this gentleman could not be considered by the court as a material witness, unless it were shown, by special matter, that, in plain language, he had heard what he did not hear, and seen what he did not see. Under the circumstance of absence from the place where the act was committed, it required, indeed, special matter to prove that Mr. Madison's testimony was at all material.
The special affidavit, which was read by Mr. Colden, set forth that the defendant "hoped and expected to prove, by the testimony of Mr. Madison, Mr. Smith, Mr. Wagner, and Mr. Thornton, that if the defendant had embarked in the expedition of the Leander, that expedition was begun, prepared, and set on foot with the knowledge & approbation of the President & the Secretary of State." This was the specialty of the affidavit. Attachments were now prayed for, not against Mr. Madison alone, as yesterday, but against the four gentlemen named.
Mr. Colden followed up the reading of the affidavit with a speech of considerable length and zeal, and embracing a variety of points and precedents, but it appeared to me to be a re-citation from the question before the court. There is an obvious and wide distinction between—whether any man in the United States be above the law, which was not made a point, or whether, which was the true and only point, Mr. Madison be a material witness. Leaving the latter ground almost untouched, Mr. Colden treated the question on the former and advanced British precedents to show that high official characters in that country had under circumstances analogous to those of Mr. Madison, appeared in courts as witnesses. There was indeed, he said, a decision of the Supreme Court of the United States against him. He alluded to the cause of the United States vs. Thomas Cooper, of Philadelphia, in which the noted Judge Chase imperiously decided, on a very special affidavit of Mr. Cooper, that the then President, Mr. Adams, could not be compelled to come into court as a witness. He spoke in terms of mild reprobation of this decision; perhaps because he was sincere, but certainly because it was his business, as advocate, to do so. He could not with the court to apply Chase's rule, in the case of Cooper, to that of his client.
Mr. Colden was followed by Mr. Hoffman on the same side. This gentleman gave us a brilliant specimen of his great and ready talents. He was ingenious, and he had need to be so, for where weakness of materials is not in some fort compensated by dexterity of argument, it requires all the patience of stupidity to bear with the advocate. He was, however, only ingenious; I thought him not solid, and this as he had nothing substantial to stand upon, is saying nothing in disparagement of his abilities. The foundation of Mr. Hoffman's argument was laid in possibilities; not in what is but what may be. If he said, he could shew a possible case, in which the testimony of Mr. Madison could be material, the court would not withhold the attachment. The testimony of Mr. Madison, he said, might be, although he did not affirm that it was, material; but in his conscience he believed it to be so. In viewing the subject in all its relations, it would be proper, he said, to take into consideration the posture of our affairs when the expedition was undertaken and carried on. In his message to Congress, the President, the highest official character in our country, and who ought to be respected, stated that acts of hostility had been committed by Spain on citizens of the United States within our own territory, and that he had ordered our armed force to repel these attacks if repeated in future.—Speaking of the functions of the executive, the right of declaring war, he said, was vested exclusively in Congress, but could not the United States, he asked, be at war with a foreign power without a declaration of it by Congress? Congress declared offensive war, but when hostilities, such as those mentioned in the President's message, were commenced against us, without such declaration by Congress we were de facto at war: defensive war, & the President was bound to resist the aggressors. We were then at war, according to Mr. Hoffman, who very adroitly converted the President's presumed knowledge and approbation of the Leander enterprise, not indeed, into a full, but a sort of half-way authority for the defendant's embarking in it. The Spanish aggression on our citizens and territory was in the South; suppose, said Mr. Hoffman, it had been in this city; besides repelling it, the President might have commenced offensive operations, and have ordered a force to any other quarter, say the Caraccas by way of inflicting farther punishment on the aggressors.
Mr. Hoffman thought of Hannibal at Rome, and Scipio at Carthage.—As a politician he would not credit the President for so much military knowledge, skill and intrepidity. Our territory then was invaded, and our rights infringed, and without a declaration of war by Congress, it was the duty of the President, said Mr. Hoffman, to chastise the invaders; such was our situation.—Let us now glance at the case of the defendant. It is notorious, said Mr. Hoffman, that Congress was debating with closed doors, and if debating in unison with the feelings of America, upon a declaration of war. If it was to be declared, and as the doors of Congress were closed, no one could tell, but it was, it was the business of the executive to anticipate and provide for it. At this juncture the enterprise of the Leander was planned, and Miranda consulted Mr. Madison respecting it. Mr. Madison then knew of it and approved of it, and so, said Mr. Hoffman, did the President. From these premises Mr. Hoffman concluded that the testimony of Mr. Madison was material , for that in fact a knowledge and approbation of the enterprise, by the President, was authority to the defendant to engage in it. Every one will see how fallacious this hypothetical reasoning is when applied to the case of his client. It was presuming upon a state of things that did not exist, and upon au-
thority given by the President which neither was nor could be given, but which if the state of things had existed, and the authority could be given, would have justified the defendant; nor, he would not, under these circumstances, have been brought to the bar of his country, to a fair trial for an act calculated to embarrass it with a foreign power.
The D. District Attorney read an affidavit of his own, stating that the offence with which the defendant stood charged was committed in this city, and that the witnesses, against whom attachments were prayed, resided and were at Washington at the time.
Having read the affidavit, the District Attorney replied to the arguments of the defendant's counsel at great length. He contended that the testimony of the witnesses was not material to the trial, and therefore not essential to the jury in forming its judgment. For allowing all that had been said of the President's knowledge and approbation of the enterprise, which was not asserted, still that knowledge and approbation did not amount to authority or direction to the defendant to do an unlawful act. On the arguments of the defendant's counsel respecting the state of our public affairs when the expedition was commenced, the District Attorney was clear, logical, and concise. Congress had not declared offensive , nor had the President authorized or directed defensive war. As the government of the United States was at peace, none of its citizens had a right to be at war with Spain.
With regard to attachments, the authorities which he cited were numerous and uniform. In England, attachments were issued at the discretion of the court, and never but to purge the witness of a contempt.
The arguments of the District Attorney were enforced and illustrated by Mr. Edwards in a dispositive speech, in which he fully maintained his well-earned claim to eminence at the bar. He was happy in his playful and sarcastic remarks on the arguments of the defendant's counsel, presuming authority which had not been given—a state of war, which had not been commenced, and the lawfulness of an act which was clearly and alarmingly unlawful. Mr. Edwards began his speech at one, and closed at half after two in the afternoon, when the court adjourned till Wednesday morning at 10.
Wednesday morning Mr. Edwards was heard in continuation, and was succeeded by Mr. Emmett for the defendant.
Mr. Emmett commenced an elaborate and learned speech of two hours, in which he displayed vast powers of mind and profundity of research, by an impassioned and impressive exordium. In this he apologized, as a stranger in the country, for undertaking the defence—but being engaged, he would exert his talents to the utmost, such as they were, in behalf of his client. He regretted that the action had been commenced, and wished it were in his power to erase it from the records of the court and the remembrance of the country. He had no doubt of convincing the court that his client had not offended against the laws, and, on the other hand, that the great and illustrious man who presides over our national affairs had, in approving the expedition, given additional evidence of the excellence of his character, and assurance of the correctness of his views. Neither, according to Mr. Emmett, had done wrong.
Mr. Emmett maintained with an earnestness that indicated sincerity, that the testimony of the witnesses was material ; first, in justification, or secondly, in mitigation of punishment, and therefore that compulsory process ought to issue before the defendant be put to trial.
In respect to compulsory process in England, on which the counsel for the prosecution had insisted at large, it was issued at the discretion and to maintain the dignity of the courts, and not the rights of the subject; there, it was not a right which could be claimed but a privilege , which might be granted. He traced the doctrine of attachments in England to the reign of Elizabeth.
But in the U. S. compulsory process was put on a different footing. Here, said Mr. Emmett, it was the right of the party accused; a right guaranteed to him by the constitution, and which the court cannot withhold.—He read article 8 of the amendments to the constitution, which says, that "in all criminal prosecutions the accused shall have compulsory process for obtaining witnesses." This fundamental act was the paramount law, in which the right was secured to every citizen. Process must be issued: the accused takes it as he takes that which belongs to him. He wanted process, call it by whatever name, which would compel the witnesses into court. Any other could not be called compulsory .
There is no arguing, either with credit or success, against a constitutional provision. The constitution undoubtedly guarantees to the accused compulsory process, such as is known to the laws, been issued by the court, and an apology tendered for failing to obey its injunctions, entirely satisfactory all things considered? Mr. Emmett founded the idea of attachments on the principles of British jurisprudence, which he deemed to be at war with the part of the constitution which he had cited. When, however, he was asked by the presiding judge whether, in obedience to the constitution, congress had not by statute provided a specific remedy, he answered, that in his reading he had not met with any. Failing then to bring the witnesses in by subpoena , to what process could the court resort, if attachments, issued on the principles of the common law were to be excluded? Mr. Emmett did not designate any. Perhaps there is none known to the laws. Our statutes, as conceded by Mr. Emmett, are silent on the subject. The constitution which recognizes the principle for which he contended, exists, but the laws have made no provision for carrying it into effect.
With regard to the materiality of the witnesses, which, as the defendant's counsel pointed to, out of the trial was the main point, Mr. Emmett, with a modification, repeated the arguments of Mr. Hoffman—Spain had commenced hostilities against us, and although Congress had not declared war, yet by the law of nations we were at war, though technically at peace. He presumed on a state of things that did not exist, and argued as if they did. His conclusion was therefore unsupported by facts. Mr. Emmett was followed by Mr. Harrison on the same side, who without exciting the same interest, travelled over the same ground. Mr. Harrison, who spoke about two hours, closed the argument.—The court adjourned to Thursday morning at 10.
Thursday morning Judge Patterson delivered the opinion of the court in writing. The opinion which was given at great length, was perspicuous. Having assigned the reasons at large, he concluded with stating, it as the unanimous opinion of the court that, in justification , the testimony of the witnesses was not material . The laws were inflexible. The President had not a dispensing power, and therefore even a direction from him to the defendant to engage in the expedition, could not justify the act. It was not material in mitigation , for testimony in mitigation was not for the jury. The trial must therefore go on.
With regard to compulsory process, the court, he said, was divided in opinion; one of the
Judges being against, and the other for it; at least for a rule to show cause why the witness did not appear.
Having delivered the opinion of the court, Judge Patterson retired seemingly exhausted. He was much indisposed when the court was opened, and perhaps more when he retired from it. Judge Talmadge was now alone.
As the trial was to go on, the counsel for the defendant asked leave for a few moments consultation. It was granted, and they retired. In about ten minutes they returned, when Mr. Morton moved the court to put off the trial to its next regular term. The motion was made on an affidavit of the defendant, setting forth that Jonathan S. Smith, and Thomas (capt.) Lewis, both on board the Leander, were material witnesses, and were expected here by September. The judge decided against the motion on the ground that if they were material witnesses, it should have been so stated in the first affidavit by which the trial was originally put off. There would be no end to these motions if yielded to. At the request of the defendant's counsel, the court adjourned to Friday morning.
Yesterday the trial commenced, but we shall say nothing upon it until it is over.
Betrayal of a letter from Governor Hull, dated Detroit, June 19, 1808.
"If accounts of Indian hostilities have been published, as I think probable, I wish they may be contradicted, as they are a great injury to the country. I have never known the Indians more satisfied or tranquil, than they are at present."
Mr. John B. Dabney, has been appointed by the President of the United States, American Consul at the Azores or Western Islands.
The following useful information we on Saturday received from our correspondent at London, in a letter dated 11th of May.
N. Y. Gaz.
"When a vessel is brought into this island on suspicion from the United States, her letters are forwarded by the capore to Doctor's Commons, where they are indiscriminately opened; those necessary or of importance to the trial are preferred, while others are submitted to the view of any visitor. Thus family secrets are exposed, particular sentiments betrayed, and letters solely for the eye of intimate friendship, are subjected to the ridicule of the unfeeling. Many are attracted by idle curiosity, others by baser motives, to their personal, and this custom, a vestige of ancient barbarity, so injurious to our country and so disgraceful for this, is practised and allowed.—I with you to acquaint our countrymen with this circumstance, and advise them particularly to consider, when writing to Holland, if they will or would consent that their communications to their friends however confidential, should be thus publicly made at London."
Our correspondent further adds: "I have sent you the notes on Randolph's speech, by the author of 'War in Disguise.' I have heard from an high authority, that our difficulties with Great-Britain are in a train of amicable adjustment. How much this ebullition of Mr. R. may retard or impede the negotiation, I know not, but he is considered here as a man of talents and great influence in his country. The John Morgan and Oliver Elsworth at Liverpool, bring accounts of congressional proceedings which astonish Englishmen and mortify Americans. It is generally expected Lord Melville will be cleared."
A letter received by a respectable gentleman of this city, from his friend in London, states, "between this country and the U. S. it is understood that every thing is far advanced in an amicable adjustment." [ American. ]
The U. S. brig Argus, capt. Hull, arrived at Washington, Sunday July 16, in 39 days from Gibraltar—She brings no news of importance.
CHARLESTON, July 15.
Gun-Boat No. 2, Lieutenant Izard, arrived this morning in 40 days from Gibraltar. Having completely adjusted our differences with all the Barbary powers, the United States' armed vessels have been ordered to quit their station in the Mediterranean, and return to America.
The following squadron sailed from Gibraltar on the 4th of June, for the United States: Frigate Essex, Commodore Rodgers. Brig Vixen, Captain Cox. Bomb-ketch Spittire, Lieutenant Hunt. Bomb-ketch Vengeance, Lieutenant Smith. Cutter Hornet, Lieutenant Crane. Gun-Boat No. 2, Lieutenant Izard. No. 9, Lieutenant M'Grath. No. 4, Lieutenant Hanley. No. 5, Lieutenant Harrison. No. 6, Lieutenant Laurence. No. 8, Lieutenant Heron. No. 9, Lieutenant Elbert. No. 10, Lieutenant Sinclair.
Commodore Rodgers parted company the night after failing, leaving the squadron under charge of capt. Cox, of the Vixen. Lieut. Izard led off the fleet on the 7th of June, lat. 34, 48, long. 15. All the Gun-Boats are ordered for this port.
The brigs Argus, Lieut. Hull, and Syren, Lieut. Smith, failed from Gibraltar for Norfolk on the 2d June.
The frigate Constitution, Capt. Campbell, was afloat at Gibraltar, where she was to remain for some time. The Nautilus, Lieut. Evans, was going in when the squadron failed. The Enterprise schooner, Lieut. Porter, had been sent to Tripoli with dispatches.
The brig Hornet, Capt. Dent, arrived at Gibraltar on the 1st of June, from L'Orient; and failed on the 3d for Malaga. [ Times. ]
No political intelligence of any consequence is received by the arrival of No. 2. The little fortress of Geta, near Naples, still held out; and the garrison under command of the gallant Prince Hesse, bid defiance to the French army. Early in May, an attempt was made to bombard it from sea. For this purpose the French collected a fleet of one float of war, two brigs, and five gun-boats; these were fallen in with in the night by the British frigate Syren, of 36 guns, who immediately attacked them; the float of war sustained a sharp contest; but was compelled to strike—the rest of the squadron made off. The frigate with her prize had arrived at Malta—both vessels were much shattered.
It was reported at Gibraltar, that the British had, by consent of the king of Naples, taken possession of Syracuse, in Sicily.
Lord Canningwood with seven sail of the line, was blockading Cadiz—several British ships of war were lying at Gibraltar. Id.
July 16.
Gun-Boat No. 8, Lieutenant Harrison, arrived this morning from the West-Indies. The squadron had touched at Mad. from whence they failed on the 16th of June—Lieutenant H. lost sight of them the next night. Id.

JULY 18. We are informed, and we communicate the intelligence with sorrow, that GUN-BOAT No. 7, commanded by Lieutenant OGILVIE, which sailed from the port of New-York, for the Mediterranean, returned to that port with the loss of her mast, and failed a second time for her place of destination, has never since been heard of, and there is every reason to believe she is lost, with all her crew. GUN-BOAT No. 6, arrived at this port, has sprung her mast; but she is represented, by her officers, to be a most excellent sea-boat. Courier.
NORFOLK, July 22. From an Antigua paper received by the Catherine Sloop.
MIRANDA AGAIN!!! SAINT JOHN'S, July 1. General Miranda has again failed for the Spanish Main, after having increased his strength at Barbadoes, and received considerable assistance from the British government. We are happy to learn that he is not without hopes of co-operation from some of the inhabitants of the eastern part of Caraccas, where his partisans, under the command of one Ferdinand Mendez Pinto, were some time since collecting in great numbers, in order to support him immediately upon his appearing off the coast. Herald.
We have seen a letter from one of the officers in Miranda's expedition, to a gentleman in Boston, dated Port of Spain, (Trinidad) June 19, 1806. He appears sanguine of the eventual success of the expedition; and that Miranda will receive all needed succors from the British land and naval commanders in the West-Indies. "I know," adds the writer, "we shall have such a force that nothing but a miracle can prevent our success." There were 18 officers and 49 men, in the two Schooners captured by the Spaniards; whose fate arrested the most lively feelings of the other part of the expedition. (Boston Continel.)
BALTIMORE, July 23. Extract of a letter, dated Natchitoches, June 6, 1806.
"Mr. Freeman and his party arrived here a few days since from exploring the Red River; he makes Natchitoches distant from the mouth of the river only 181 miles, 31 deg. 46 m. N. 27 deg. 30 m. W. of the meridian of Green-wich; he parted again this day, and intends to go as far as the dividing ridge called Catahoulas, between Louisiana and the Pacific; the expectations of information entertained from his expedition are very high, as the distance is said not very great from where the Paronis Indians are settled, a rich and very productive country."
"The report you mention of an engagement between our troops and the Spaniards, I suppose, arose from the desire of some one to anticipate the intelligence of an event which from the conduct of the Spaniards, for a time appeared inevitable; however, they found we were not to be trifled with, and after making a great bluff retired, when we were prepared to handle them; they have appeared since more cautious, and when it is considered that the road from hence to Santa Fee, is not through marshes and over steep mountains, but through a continued prairie to the very foot of the mountain of Santa Fee, and that the city itself is only 600 miles from this place, I apprehend they will be very cautious how they lead us after them."
"We are in a daily expectation of three companies of troops from St. Louis, who were ordered hither in consequence of the hostile conduct of the Spaniards—with that force we shall be able to repel every inroad, and to give a good account of any aggression."
"The climate here is incomparably fine, and the lands on the Red River of the richest kind."
"P. S. Since writing the foregoing we have received information from a source that cannot be doubted that General Miranda, with fifty men, had been dispatched from Natchitoches to intercept our exploring party and with hostile intentions; that they have, by their artifices, already endeavored to fire up the Indians of the Caddo villages, about 100 miles from Natchitoches; but measures have been taken on our part to frustrate them and to counteract them altogether; our party consists of 45 picked men, principally from the garrison here who will be more than a match for an equal number of Spaniards at least; our party have strict orders to avoid hostility, and not to give the least colour of excuse for aggression; but if attacked to do their duty."
Disceat. FROM THE (NASSAU) ROYAL GAZETTE.
PRICES CURRENT AT ST. EUSTATIA, 15th May, 1806.
Good names —Very scarce; 200 will have a quick sale at from 5 to 20 dollars. Some honest gentlemen will engage to take one monthly. Genuine Coarage is worth from 8 to 14 dollars a gill. A quantity for exportation will be wanted. At St. Kitts it will command any price, as the quantum they had there evaporated and went off in a strange way on the appearance of the Rochefort squadron. Honor and Handfuls , of no value. Falls Oats in demand , pay 2s. each. Self-Confidence , we are over-stocked with. Hospitality , much wanted. At one of the neighboring islands (St. Kitts) it is scarcely known. Provost , Dog cheap. Performance —Very scarce. Credit —Died last Wednesday. Merit —No recommendation. Gratitude —Quite out of fashion. Duplicity —Much in vogue. Hypocrisy —We are glutted with.
The late empress Catharine of Russia used to present her favorites with gold boxes: Queen Elizabeth of England used to treat hers with a box on the ear. London Pap.
The Trafalgar parties are much worn by one-bells—the motto is well known—"England expects every MAN to do his duty." Ibid.
A school master in England has lately written a tract to prove that fin-tax is a tax on fin . Ibid.
Many of BONA PARTE's admirers in Paris have earned their admission so far as to affix his imperial visage to their drinking vessels, &c. The Parisians with consequence augur that the ambitious Corsican is going to get. Ibid.
BONA PARTE is called Duke of Neufchâtel. An English wag has called him the French Duke of Newcastle. Ibid.
A new married pair, in high life, when they take an airing, for the first three weeks, order the Sociable , but at the end of that period the wife. Ibid.
MASSENA is known in France by the title of the General with half a memory —because he can recollect every liure that is owing to him but forgets every one he owes himself. Ibid.
The London printers frequently prefix to their handbills or advertisements, to attract attention, words which have no connexion therewith. Thus the advertisement of Mr. RANDOLPH's Speech, in the Courier of May 13, is headed " Dispute with Germany ." Although we do not see why " Dispute with America ," would not have been as likely to have arrested attention.
The Enquirer. RICHMOND, 29th JULY.
COMMUNICATION. No. II. Concluded from the last.
A federation of European States, and the general influence upon the happiness of mankind, considered.
These quotations (alluding to those which appeared in the last paper) are sufficient to illustrate the general principles upon which the federation of states was about to be formed by Henry the fourth—and altho' many other extracts of equal importance might be introduced, it can not be necessary to swell this essay to a greater size. It is however proper to remark, that altho' Henry was the author of the plan it was adopted and promoted by Queen Elizabeth. This subject cannot be supported better than in the words of M. Abele de Saint Pierre, as follows:
"From hence we may perceive that if Henry IV. King of France, had executed his celebrated and well proposed design, whereby to render peace perpetual and universal among the sovereigns of Europe, he would have procured the greatest benefit that it was possible, not only to his own subjects but to all the christian kingdoms; and even by a necessary consequence to the world in general; a benefit of which all generations present and to come, would have participated, down to the latest time; a benefit by which we should have been exempted from those servile and numerous evils which are the effects of foreign and domestic wars; a benefit which would have been the source of all those blessings which naturally flow from an uninterrupted and universal tranquility. If he sign, it would have rendered him, beyond all comparison, the greatest man, the world ever has or probably ever will produce." "After some further remarks the same authors adds, "this principle however has always had the honor, of being considered, as the most useful discovery, for the benefit of mankind, that yet appeared in the world, the execution of which may, perhaps, be reserved by providence for the greatest and most capable of his successors."
The plan of Bonaparte must be designed for very different purposes. He has beaten, and can and will beat the Russians as often as their conduct shall make it necessary. He can overturn the Turkish dominion when he pleases. He has conquered Italy and overthrown the Austrian Empire; and many other parts of Europe, embraced by the plan of Henry the fourth, has been or is at his feet. He has discovered a clemency and moderation which has no former example, and he appears to treat the nations, which he has conquered, just as a wise and prudent parent would treat an unworthy son. The only difficulty of importance which now exists, proceeds from the rulers of Great-Britain. George the third has armed all the nations, & hired mercenaries wherever they could be had to oppose a plan, similar to that, for the execution of which, the wife Elizabeth was ready to have engaged in war.
The enemies of Bonaparte say that this is a project for universal dominion. His friends and defenders say it is calculated to produce universal safety and happiness; and they also say—that if Napoleon had designed to extend and establish his dominion over those countries which will be embraced by the proposed federation, he would not have restored them to independence. It was easy to have converted them into provinces, and thus, by the right of conquest, and the power of the bayonet to have established a more permanent dominion, than could be expected from the devices of the proposed federation.
If these things had not happened; if Bonaparte had not taught the world that he knew how to conquer, and such a project should be proposed, there might be some reason to suspect that it was dictated by an unutterable ambition, and that the first occasion would be embraced to seize and perpetuate a permanent despotism. But wide indeed is the difference. It will not be denied, that Bonaparte is influenced by ambition. But it is the ambition of becoming the benefactor of mankind .
It is impossible for the ingenuity of man to embrace any other project, so well calculated to guarantee the contracting parties, a general and perpetual peace, or to open more extensive fields for the promotion of arts, sciences and all the advantages and blessings of civilized life, as that which is contemplated by this essay, such as the writer not only hopes but believes to be the federative plan of Napoleon.
The present unsettled state of the north and east of Europe, and the relations of France towards each, the prospects of great and important changes depending upon the secret designs of a few men, forbid any definitive conclusions. The opinions already published in the foregoing essays are still relied upon. With respect to the exact future boundaries of the particular principalities or powers, it is not important to the general design, and will depend upon future circumstances.
Since the foundation of civil government, no political project ever deferred to much notice. It is the first time when a powerful and invincible potentate, with the means of extending his dominion to the utmost regions of the earth, has preferred reasonable limits for himself and for the empire over which he presides; and has also shown a disposition to enter into a confidential confederation, with feeble states, not more for the purpose of adding strength and glory to himself; than for the laudable and generous purposes of guaranteeing and perpetuating their independence and prosperity. Such is the design and conduct of the Emperor Napoleon; and it is for the world and other deeds of a similar complexion and like tendencies, that he has been greatly calumniated and defamed; and it is by such means that he may entitle himself to be called the benefactor of mankind .
The existing circumstances, and the reasonable prospects, afford much room to say that Bonaparte has it in his power to suit that kind of character which existed in the mind of M. Abele de Saint Pierre, when he said, the execution of the plan of Henry IV. may perhaps be reserved by providence for the greatest and most capable of his successors.
There is something strangely capricious in the affairs of men. When this plan was first agitated, the British throne engaged with ardor and ability to promote the fulfillment. Queen Elizabeth, besides this proof of the greatness of her mind and the soundness of her understanding, not only gave her approbation, but was desirous, even before Henry IV. was prepared, to begin in the execution; and now we behold the same throne, when filled by George the third employs all the resources of the nation to destroy the only successor of Henry, who ever had the will and the means to carry the project into execution.
Much credit has been given to Henry the fourth for his grand and beneficial design of forming a federation of states. But supposing that Bonaparte now has it in contemplation to execute a similar plan, will there not be due to him much greater credit, than can be attributed to Henry IV.? The difference of their situations is wide indeed. Henry possessed the will and capacity equal to its execution, but he did not possess the means: So far from it, the
House of Austria then threatened to subjugate the rest of Christendom and the Turks supported an implacable never ceasing hostility against the whole. The federation proposed by Henry was every way necessary, as well for himself and France as for the other states, Austria excepted, which were included in the plan.
Bonaparte on the other hand possesses the means to accomplish the design without calling to his aid the circumambient powers, or fearing a disappointment from the petty interests of surrounding potentates who might either oppose or retard the general execution.
All the conduct of Bonaparte shows that he is about to establish a grand, liberal and permanent project. It is impossible to foresee exactly what it will be, but there can be no reason to apprehend that it will be less beneficial than the project of Henry IV. was designed to be; nor room to suspect that he will not contemplate much more the happiness of individuals, and the permanent peace and security of nations, than the power and splendor of sovereigns.
Under these considerations, there is much more reason to fear that Bonaparte will not form a federation of states, than that he will do it. It will not cost him another effort to give to France, without the aid of a federation of states, a permanency and an internal vigor which will be able to repel all the powers of Europe, and which might insure to that empire the vassalage of adjoining nations.
In this view of the case, Bonaparte deserves much credit, even for the idea. But how much more credit will he deserve for turning his thoughts upon a project so-called liberal and so-called denying, if it be true, as many writers and politicians pretend to believe, that he has subjugated or can subjugate, the rest of Europe? When this power, and these opinions are duly considered, ought we not to rejoice, even in the anticipated hope, that he who has the means may possess the will, to establish a plan, which will give not only to Europe, but to all the civilized world, the prospect of a long and lasting peace, and an union of states which will abolish those baneful prejudices and odious distinctions, by which the people of Europe have been made the enemies of each other, and by which so many wars have spread havoc and desolation over every part of the globe?
While therefore many well meaning and honorable men weary and distracted themselves as well as others with fearful anticipations, it seems to be proper to view the same anticipations with the most benignant measure. It is from these as well as from those conspicuous deeds which are known to all the world, that we ought all to persuade ourselves, that the emperor Napoleon, has neither forgotten nor abandoned the principles and promises which he published, when he was elevated to the station of first consul. Then it was volens se forensis engagés à conserver pour le repos de la France et le bonheur de l'Europe .
Until something of a complexion, very different from any thing which has yet appeared, shall be discovered; the writer of this will not allow himself to fear, that this promise is forgotten, or will be broken. Napoleon is too great and too wise to neglect so fair an opportunity of obtaining the most splendid and honorable distinction which ever fell to the lot of man. It is the distinction of being universally acknowledged, in addition to his other unequalled honors, to be the benefactor of mankind .
The federative systems of Bonaparte & of the Great Henry of France are essentially different.
Henry wished to erect all Europe into one grand confederation.
Bonaparte wishes to confederate the states only, which are under his immediate control.
Henry wished to establish a federal legislature.
Bonaparte's executive is most probably to consist of one supreme irresponsible head, which will rest upon his own shoulders.
Henry's legislature was to consist of a proportionate number of Representatives from the independent states.
Bonaparte may assert our Republic, but the idea of our Federation is more conformable to his views. There is this little difference, however, between his plan and our own, that his, that his federal executive is neither to be chosen, removable or controllable by the subordinate states of his system.
A letter has been published at Constantinople by M. Joubert, French minister to the king of Persia, addressed to M. Ruffin the French charge d'affaires in that city. This is supposed to be the same Joubert who is alluded to, in the secret history of St. Cloud, as being a kind of dragon at Constantinople some year ago, and as still some where on a secret mission in the East-Indies.
After having described the various difficulties which he encountered in his journey, Monsieur J. concludes with assuring his emperor that eight months passed without his seeing the light of the sun, had not abated his zeal. "I shall not be Paris (said he) till I return from Ispahan with the answer of the Persian Schah." To what enquiry was this answer to be given? What was the object of Joubert's journey? Was it to engage the Schah of Persia, in a war with the British possessions in the East-Indies, or was it to concert with him some formidable attack upon the Russian empire? It will be seen by a reference to the map, that the situation of Persia is convenient for either of these enterprises.
Incredible ditto!!! A London paper of the 10th of July, in speaking of the proceedings on the murder of Pierce, asserts that "the federalists are infinitely more intemperate than the republicans, and attempt by all possible means to goad and irritate the people against that country. Unfortunately it will be for the Americans, if the Federalists succeed in driving their government into a war with G. B.; they would then indeed have reason to complain of the 'spoliations on their trade.' What stronger proofs can be required by the federalists, of the extreme ignorance, about the real state of our country, which prevails amongst some of these Englishmen?"
The New-York American Citizen denies, that any application had been made by the defendant's counsel, for commissions to take the depositions of Mr. Madison and others. On the contrary, the defendant's counsel would not consent to take Mr. Madison's testimony in this manner.
The first number of "The Western World," a paper just established in Frankfort, Ken., by Joseph M. Street and John Wood, late of this city, contains a development of certain conspiracies, which is calculated to attract attention. These secret combinations against our place are arranged under the three heads of " The Kentucky Spanish Association, Blount's Conspiracy, and General Miranda's Expeditions " "The first (says the World) was formed about 1785 or 1786, and continued until 1790; but how much longer is uncertain. Its general supposed object, was the separation of Kentucky and the Western Territory from the U. S. to add them to the Spanish monarchy. The conspiracy of Governor Blount, was a plan projected in 1795, in conjunction with the British government, to invade the Spanish territories from Canada, aided by men enlisted
within the U. States, and by the Indians. The scheme of Gen. Miranda, whatever it may be, is before this time either partly executed or defeated. The only authentic documents which have been published respecting it are a letter from Stephen Sayre, which appeared in the Richmond Enquirer some months since, and the memorials lately published of S. G. Ogden, and W. S. Smith of New-York to Congress."
Of the expedition of Miranda, by far the most interesting subject of those which are here developed, little is advanced in this first part, which is chiefly confined to the " Kentucky Spanish Association ." It is obvious indeed from the manner in which it is cursorily mentioned, that we are to expect no facts on that subject, that are novel and authentic. The Editors simply suggest it as their "opinion, that the conspiracy of Blount, and the late expedition of Miranda, may be traced to the same source, and are only similar speculations planned to a different direction." But they have certainly stumbled on the very verbiage of their undertaking, where they pretended to delineate their " authentic documents ," for as to Mr. Sayre's letter, it is already refuted by experience; and as to the memorials of Ogden and Smith, no man of impartiality and discernment has ever pretended to believe them.
In developing their history of the Spanish Association , they have not hesitated to arraign several men of the highest standing in the western country. They dare to assert that "a majority of the respectable inhabitants then residing in the state, are said to have combined for the purpose of placing the western territories under the dominion of Spain." They have implicated Judge Wallace, now of the court of Appeals; and Mr. John Brown, member of Congress from Kentucky. But the principal character at whom they have aimed their accusations, is general Wilkinson the present Governor of Upper Louisiana; whom they represent as an intriguing and ambitious adventurer; as a man fond of show, and devoid of sincerity; as the earliest tool, and the great ring-leader of this Spanish conspiracy.
The accusations, here intimated, are of too serious a nature to be lightly believed or hastily developed. Whilst it is therefore our duty, to keep ourselves open for the examination of the evidence, it is not our duty, to wait for its development. We shall consequently suspend the publication of this essay, until we can determine from the testimony which shall be hereafter adduced, whether it is worthy of further notice. In the mean time it may be proper to submit what seems to be the evidence for and against these allegations?
PRO. A letter of Mr. Brown to Judge Muter, published in the Kentucky Gazette of 1789.
An appeal to an interesting correspondence said to have taken place between General Washington and Col. Marshall, which is said to be at present in the possession of Gen. John Marshall of this city.
An appeal to several living characters, particularly to Governor Greenup; an interesting conversation between whom and one of the editors, is here described:
He was once an assistant Editor of the Virginia Gazette, the federal paper of this city, and is now the Editor of a republican paper.
COMMUNICATION. On the fourth of July, a large company assembled at King and Queen Court-house, to express the joyful feelings excited by the return of that day, ever dear to freeborn; when an oration was delivered by Thomas Claiborne Hoome—After partaking of a barbecue, prepared for the occasion, the following song, composed by Mr. Hoome for the day, was sung.
FOURTH OF JULY. Tune "Hail Columbia."
Hail! thou great auspicious day, That freed us from oppression's sway; That prov'd Columbians would be free, Chouing death or Liberty; And shewed to all the glorious plan, That should support the rights of man; The battle of the tyrant's power, May you illuminate this hour; And the impious patriots free, To cheerful light and liberty.
May thy beams propitious shine On fair freedom's fruitful vine, And thy return forever be To us a feast of Liberty.
Mov'd by thy inspiring light, Behold Columbia's sons unite; Combining in one mighty whole, The exultation of each soul; That all the distant world may know, What joyful blessings from thee flow. May they from our example learn, The yoke of slavery to spurn; To crush the throne ambition rears, And break the chain oppression bears.
May thy beams, &c. O Liberty! thou power divine, Inspire us to approach thy shrine, And swear forever to be free, Or lay down life defending thee; (Grateful for the public good) That was to us the "Price of Blood." For thou art all that man should prize, Until he reach the native skies; And may the fourth of July be, A day of sacrifice to thee.
May thy beams, &c. LOT FOR SALE. Will be sold at private Sale, THAT most elegant LOT on the Main-Street of this City, known in the plot by No. 585. It is situated in the neighborhood of Mr. Gallego's, & is securely enclosed. Its elevated situation commands a most enchanting view of the Main-Street, the whole city, and the surrounding country. It is contiguous to the circles of fashionable society. In fact, in all, that constitutes the beauty, or the convenience of any situation, it is inferior to none in this City. An indisputable title will be made to the purchaser. For terms of sale, apply to the Editor of the Enquirer. July 29. (S wet)
TAKEN up and committed to Jail on the 10th of May 1806, a negro man by the name of HARRY, the property of John Royster, Esq. of Richmond; the owner is hereby requested to come forward and pay charges, or he will be sold to satisfy his jail fees, agreeably to an act of Assembly. Given under my hand this 20th day July 1806. TRIPLETT T. ESTES, jailor Augusta County. July 29.
Last Evening's Mail.
CIRCUIT COURT OF THE UNITED STATES. NEW-YORK DISTRICT. UNITED STATES vs. WM. S. SMITH. EIGHTH DAY.
The Circuit Court met yesterday morning pursuant to adjournment.
Present, Judge TALMADGE. The jury and witnesses being called, the Attorney General proceeded in the examination of witnesses. After Col. Platt and Dr. Douglass were examined, the Attorney General informed the Court that he had, at present, no other witnesses to bring forward.
The Counsel for the Defendant, after retiring and conferring half an hour, returned; when Mr. Colden rose and briefly stated to the jury the nature of the testimony about to be offered in behalf of the Defendant. He then said that, with the consent of the Court, he would begin to offer that testimony, and would begin with reading the message of the President at the opening of the last Session of Congress, and other documents, for the purpose of disproving or refuting that count in the Indictment which charges that the United States and Spain were at peace, at the time the expedition of the Leander was set on foot. To this the Attorney General objected. The question, whether the Defendant had a right to adduce such kind of testimony to show that hostilities had actually commenced between this country and Spain; or, in other words, whether a rupture had taken place between the two countries, was then ably and eloquently discussed. Three hours were employed in this argument, by Mr. Colden, Mr. Hoffman, Mr. Harrison and Mr. Emmett, on the one part, and the Attorney General and Mr. Edwards on the other.
Judge Talmadge (if we rightly understood him) then decided, that no testimony could be admitted to show the actual situation of the two countries, but such as could be gathered from the acts of Congress; and of course the testimony, contended for by the defendant's Counsel was altogether inapplicable.
Mr. Colden then moved that testimony be admitted to show the knowledge and approbation of our government as to the expedition in question.
The Judge observed, that, as that point had already been decided, it would be unnecessary to argue it. The testimony could not be admitted.
Every avenue being thus closed to the testimony of the defendant, his Counsel observed, that they had none that they could offer. The Attorney General then proceeded to examine other witnesses in behalf of the prosecution, viz. Benj. R. Robson, Charles S. Cutting, Adam Tenbroek, John Ripley, and Mr. Fink was further examined. It is probable that two or three days more will close the trial. Com. Adv.
MR. MANFREDI, And his company, consisting of Five Performers, three Ladies and two Gentlemen , respectfully inform the public, that their next performance will be To-morrow Evening, the 30th July.
THE Performance will commence with a Spanish Dance by the Little American. Dancing on the Tight Rope.
A Dance in character with the Balance-Pole, by Miss Louisa.
Miss Catharine will dance an Italian Dance, on the Rope, after which a serious Dance.
A Grottesque Dance, by Madam Manfredi. The Morning Board. She will dance La Pour-Lana, on the Rope, with the Balance Pole, and play a handsome air on the Mandoline, on the Rope, without it.
The Coffee Dance. Mr. Manfredi will Dance with a Boy on his shoulders. He will give a Collation on the Rope, to two persons. Without the Balance-Pole he will go through several feats with the Hoop. Also perform Grand Military Evolutions, &c.
Mr. Manfredi will perform the Drunken Dragon on the Rope. Tumbling Agility of the Children, who will perform several Feats on the Carpet, in the Italian style.
Extraordinary Feats of the Tumbler, who will throw backward and forward Somersets over Tables and Chairs.—Ground Tumbling, with English Dances.
The Egyptian Pyramids. Mr. Manfredi will balance several persons on his Arms, Legs, &c. showing several perspectives in the Roman style. He will Dance a Spanish Fandango over several Eggs.
The whole to conclude with a Hornpipe by Miss Catherine.
Admittance One Dollar, and half price for Children.
The Doors to open at half past 7 o'clock, and the Curtain rise at 8.
No Segars to be Smoked. The days of performance will be Mondays, Wednesdays and Fridays. July 29.
By virtue of a deed of trust executed to the subscriber, by John M. Rose, of the county of Buckingham, bearing date the 19th day of June, 1802, for the purposes therein expressed, will be sold, on Saturday the 30th day of August next, at the front door of the Eagle tavern in the City of Richmond (Virginia) for ready money, a certain Track or Parcel of LAND, containing 640 acres, more or less, lying and being in the county of Davidson and state of Tennessee, on the waters of Stones river, it being the same land which was granted by the state of North-Carolina to Willoughby Williams, assignee of Anns Davidson by patent, bearing date the 1st day of April 1794, and number 2489—beginning at a hickory running south 320 poles to a walnut, thence east 320 poles to a Mulberry, thence North 320 poles to a Walnut, thence West 320 poles to the beginning. EDMUND W. ROOTES. July 29. (oawit.)
TO RENT, THE house just below the Capitol, and lately in the occupation of J. and H. Anderson; for terms, apply to the subscriber at Hallam's Tavern. ROBERT ANDERSON. July 29. (2t.)
THE subscriber offers to sell 632 acres of land, lying on James river, opposite to the 7 islands, 65 miles above Richmond, upon which are two fixed fisheries—for terms, apply to William Hansford on the premises, or to the subscriber within ten miles of the farm. WILLIS WILES. July 29. (oawit.)

NEW PAMPHLET.
Observations on the Speech of the hon. John Randolph, Representative for the State of Virginia, in the General Congress of America, on a motion for the non-importation of British merchandise, pending the present dispute between Great Britain and America. By the author of War in Disguise.
(CONCLUDED.)
"Does America then hope that we shall sustain the war forever, under all the discouragements which her injudicious conduct adds to its other evils—that we shall protect her in spite of herself, and let her bear away all the best fruits of our naval empire, while we are at all the charge of its defence."
"Such conduct indeed, were there no other alternative except that of peace with France, at the present most disadvantageous moment, might be wise and necessary, for nothing could be more infallibly self-destructive, than our now throwing open the sea to Bonaparte."
"But every Englishman does not concur with the great majority of the nation in this opinion."
"There are writers among us, who even seem to regard the enormous aggrandizement of France by land, as a good argument for opening to her boundless ambition, and implacable hostility, the important passes of the ocean; who even magnify our danger from her recent territorial acquisitions, as reasons for allowing her to reap the full and immediate benefit of their commerce, and to combine with her former immense resources, the new means which she copiously affords for the reëstablishment of her navy; who, because we cannot give back to the right owners, the territories she has ravished from other nations, would advise us to endanger our own; and who think that as kings have been the victims of our quarrel, our most honorable course is to ratify without delay, their constrained renunciations, and shake hands with the usurper over the ruins of their thrones. Such opinions too bold, though falsely lauded, of popularity, may even of ministerial patronage."
"Let not then America, seeing perhaps our obvious interest better than these British politicians, suppose herself perfectly secure from that fatal event, a speedy peace between England and France: but let her beware, lest by further discouraging our navy, ruining our colonies, and building all our remaining hopes in the war, she should at length dispose us to that desperate expedient, to her ruin as well as our own."
"But I am forgetting that to the people of England, and to the British cabinet if necessary, not to the people of America, these pages are more immediately addressed. I am also again forgetting, that the purpose of this publication is urgent, and that my present object is only to deprecate a hasty and fatal decision."
"If the judgment of those whose determination would make controversy useless, does not shut out further argument, I shall find time enough perhaps to open in a better manner, the new bearings and relations of this momentous subject: and to maintain, if necessary, the ground I have already taken in defence of our national rights."
"I may then, perhaps, reply to my English, as well as my yet unseen American, antagonist. I may possibly make a convert of one of the former, who now imitates the practices which he defends, by engaging in controversial war under the neutral flag of a critic, for his opinions are founded on such erroneous premises, as may be easily corrected: and I may possibly even be able to reply with gravity to the chief argument of my other opponent, which courageously maintains that it is our interest, to assist the colonies, and protect the commerce of an enemy."
"Meantime, I must leave these assailants to spend their cross fires on each other; for the one declining the question of right, denies that it is our interest to suppress the trade in question; the other admits the interest, but disputes the right."
"Let me for the present conclude, with a few brief suggestions to a British minister, on the supposition, that a statesman of this country can be really disposed to give way to the present claims of America. And I will further suppose that statesman to be Mr. Fox; not merely for the sake of enlivening the idea; but for that of professing that no difference of opinion on such a subject could diminish the unfeigned respect which I feel for his manly, generous, and amiable character; since its very virtues would sufficiently explain to me the source of our disagreement."
"Paufe, I would anxiously cry to him, on a measure which if once adopted, can never be recalled. Reflect, that a stronger case for the operation of the rights in question, than that which now exists, cannot possibly arise. The present emergency, the new state of the war, the new system of annoyance adopted by the enemy, at least in its widened compass, and increased practicality, may the very evils experienced by former concessions, might now, independently of their voluntary nature, clearly justify their entire revocation, much more the rejection of claims founded on a fraudulent abuse of our indulgence."
"But if you now give way, and give way to an imperious demand, founded on an asserted right—if you lower your top-sails at the bidding of a state which has not a ship of the line, while above seven hundred British vessels triumphantly maintain the empire of the ocean—henceforth you can set up no fair distinction, you can allege no duress of temporary necessity, to avoid the fatal precedent—a principle on which your belligerent energies greatly depend, is lost and abandoned forever."
"Reflect also, that by this retrocession of a principle which our government, as well as its supreme tribunal of prize, has strongly, practically and as I maintain, consistently asserted; you will sink our credit in Europe, and give countenance to the foul charges of Bonaparte. We shall reasonably be regarded not only as the tyrants of the sea, but what, if not more odious, is at least more contemptible, as pusillanimous tyrants, who are infolent and audacious when unopposed, but shrink back from spirited resistance."
"Nor is it in Europe alone, that we shall incur this infamy. America herself will despise us—Our friends in that country will be abashed, and our enemies will triumph. Your tardy compliance will not be ascribed to a sense of justice, or a spirit of conciliation, but to commercial panic, and the dread of a non-importation law. The advocates for violent measures will exult in the success of that insolent policy, which has sent you menaces, instead of arguments, and non-importation resolutions, instead of ambassadors. In a word, our concessions will purchase for us among our Trans-Atlantic brethren, no good will, but derision and contempt."
"Look next to the consequences to our navy, our colonies, and our commerce. Do you mean to make peace with France, are you sure of such terms as you are prepared to accept? Remember till, that you have no assurance, may scarcely a rational hope, that any peace you may now make will last a single year; and that the concessions now demanded will not lose its validity as a precedent, when you shall be compelled again to draw your naval sword, and to fight, as Mr. Randolph forcibly put it, "not for Quebec or Pondicherry, but for London and Westminster—for life."
"But if Bonaparte will not give us peace, or if we are wise enough not to accept it from him at this juncture, then advert to the consequences of these concessions, even during the present contest."
"I will not detain you with a description of them; I have stated them elsewhere; and need only add, that if you consent to depart from the principles now acted upon in our prize courts, our planters, and West India merchants will soon again be driven by an oppressive competition, from all the foreign markets of Europe. The ruin of our East-India company too, will be advanced with an accelerated progress."
"After all, to what would I persuade you? to quarrel with America? By no means. But to treat
with her more deliberately; to treat with her on her own soil, at the seat of her government, and in the bosom of her citizens; to treat with her, after the popular effervescence excited by self-interested men has had time to subside, and the voice of reason and justice has been deliberately heard; to treat with her, after she has been fully instructed in the recent measures of Prussia and France, and in the system now concerted for our ruin."
"The contrary course of a precipitate submission to the demands of Mr. Jefferson and his minister, would no doubt be more palatable to them, and to the party to which they belong. But though I feel high personal consideration and respect for those men, they are not precisely the persons with whom a British minister would wish to adjust this most important controversy. I may be mistaken in their public views, for I profess no great acquaintance with the interior politics of America; but it is certain that they are regarded in that country, as partial to the cause of France, and consequently not partial to England."
"The Congress of the United States alone can declare war, or alter the pacific relations of that country. There can consequently be no danger of being involved in a war by delay, before a British minister, can be sent across the Atlantic. The American ambassador can have no manifesto in his packet. The advantage therefore of treating under the eye and ear of a Congress, and of a people, among whom a very considerable minority, at least, are disposed to moderation and peace, is undeniably great."
"The only objection I can imagine possibly to arise against this expedient, is, from the passing of the limited non-importation bill, the fate of which is yet unknown, and which is represented as containing a clause making its operation depend either on the fiat of the executive government, or on that of its minister in this country; or as other accounts intimate on the bare event of our refusing immediate compliance with the demands of the American government."
"Now such a bill either has, or has not, been passed by the Congress."
"In the latter case, the difficulty will not arise, but in the former, I hesitate not to say, that it makes your compliance, consistently with any regard to the dignity and honor of this great nation, absolutely impossible."
"What! is a rod to be put into the hands of a foreign minister, to whip us into submission; and are we broadly and coarsely to sell our maritime rights, for the sake of passing off a little haberdashery along with them!!"
"Are we to make a lumping penny-worth to the buyers of our leather wares, our felt and tin wares, and the other commodities enumerated in this infant bill, by tossing our honor, our justice, and our courage also into the parcel! I would not consent to disparage even the quality of our manufactures, much less of our public morals, by so financial a bargain."
"No sir! if Mr. Munroe is indeed instructed and empowered to treat with us in this humiliating style of huckstering diplomacy, a new reason arises for delay, and for treating beyond the Atlantic."
"Let the threatened prohibition take place. Our hats, our shoes and our tea-kettles must find some other market for a few months; unless the American merchants should be impatient enough, to import them by smuggling into that country in the mean time; which I doubt not they will, in a more than usual abundance. Perhaps when our minister arrives, the advanced price of English goods, and the loss of the duties upon them, may form an argument of some weight in our favor."
"But I must have done: left by reassembling too anxiously, I should reason late. Paufe, then fir, (till to address an imagined, and I hope, non-existent character) paufe I conjure you, on this awful occasion. Contend at least a little longer, for our colonies, for our navy, for our belligerent power, for our consistency, for our dignity and our honor."
Note by the Editor of the Enquirer.
We also would address the illustrious statesman of England:
"Paufe, we also would say to him, for we with your reflections to be deliberate and impartial."
"We will not enter into any elaborate reasoning to prove the justice of our pretensions. One memorable fact is sufficient to satisfy your understanding. Trace all the writings which have hitherto considered as the oracles of the law of nations; trace all the treaties which have been formed, save the solitary treaty of 1691 made between England and Holland: and then see how many authorities you can produce to justify this interruption of the colonial trade. The very letter of Lord Hawkesbury himself in 1801 recognizes this doctrine; for in that document, he does not regard our right as flowing from any concession of his government, but as established by the rights of nations. How then can the author of "War in disguise" or how can any ingenious politician pretend to call our pretension a merely "asserted right;" & to say that the privilege which we have hitherto enjoyed, is owing to the "indulgence" of his sovereign?
"But you must not give way, it is said, because in the present strength of your navy and the weakness of ours, you could have no "duress of temporary necessity" to plead, as a Salvo to the precedent which you would establish. But what became of this ingenious argument in 1801? Or was Lord Hawkesbury alone entitled to the privilege which is denied to Mr. Fox, of benefiting his country, without establishing a precedent to her disadvantage?
"If you now retract, it is said, Europe will surname you the "pusillanimous tyrants." But you have a foul too elevated to be swayed from its principles by such indirect contrivances. Let these, however, be even entitled to all the attention which they claim; your conduct will rather increase than diminish your influence in Europe. Neutral nations will regard you with superior complacency. They will be pleased to see your cabinet have magnanimity enough to retrace its steps; & they will begin to indulge some hopes, that your conduct to them is not so completely swayed by injustice, as to be incapable of any amendment.
"It is ridiculous to say that in this country, your friends will be abashed and your enemies will triumph. Liberality, such as you will then display, will rather extend the number of your friends. It may lessen the towering vanity of some of your adherents, but it will convert many into friends, who are now your decided opponents."
"You are called upon not to injure your W. India colonies by, what is falsely called, these concessions. But it requires no great ingenuity to prove, that the very hostilities, which you are now practicing against us, are most likely to fall upon them with peculiar force. Continue your depredations upon our trade; and the Congress of the United States must then resort to other expedients for protection. But what are they? During their last and preceding sessions, there was a proposition to restrict your West-India trade to this country; unless we obtained most of the privileges, to which we are reciprocally entitled. You no doubt recollect Mr. Crowninshield's motion to this effect. True it is, your American intercourse bill, lately passed, has tended to remove one of our inducements; but persevere in your present system of depredations, and we must fly to the same expedient, as the peaceful instrument of defence. What then will your W. India planters say about your present attention to their interests? But still more what would they say to you, were your present refusal to do us justice, to create such an increased irritation in this country and such a gradual series of retaliations, as would at last plunge us into a war? What gratitude would they then owe you, when they saw their intercourse with our ports suddenly suspended, and their sources of subsistence almost completely dried up?
"You know too much of the fallacy of distant reports, and the prejudices of interested observers, to be deceived by the ignorance or the misrepresentation of clamorous politicians. Many of your newspaper authors have ascribed the late movements of
our country to the influence of a Frenchified faction among us. They have pretended to infer that the popular effervescence, which has been thus excited, will rapidly subside, and that the voice of reason will then be as deliberately heard. I will not pay so poor a compliment to your discernment, as to suppose you capable of believing an assertion, so little honourable to the character of our republic. The spirit, which you now behold moving over the face of our country, is not the emanation of this or that faction; but of the general feelings of the people. It is the spirit of a nation, provoked by the spectacle of 3000 of her seamen impressed into your vessels of war, and of hundreds of her unoffending merchantmen, unlawfully captured on the high seas, condemned by your courts of admiralty. It is not a spirit, which will expire with the first occasion only that produced it; but it will continue so long, as there is the same occasion and the same apology for its existence.
"Neither will you suffer yourself to be deceived about the real character or the pretended views of the present administration. When you declared that Mr. Jefferson was the greatest statesman that you knew on the earth, you expressed the confidence which you reposed in his virtues as well as his abilities; for they are equally necessary in the composition of a great man. Mr. Jefferson was first in the cabinet, because unlike the ambitious Bonaparte he is more anxious to preserve the blessings of peace, than to grasp at the laurels of war; and because like the illustrious statesman whom I address, his conduct is regulated by general principles of justice, unswayed by any factious attachments, or by any temporary allurements of advantage. Such a man must far above any contracted partiality to the cause of France, and a consequent antipathy to the cause of England. So far as the interests of his country are concerned, they are obviously opposed to such partial affections; and as to his individual feelings, they are not to be divorced from the supposed interests of this country. They who tell you otherwise; they who represent him or his minister as the deuterus of France, have really "no great acquaintance with the interior politics of America." There are, to be sure, some men, even in this country, who falsely conceive it to be their policy to describe him under this invidious appellation. But they are men, who systematically abuse every feature of his character, however fair; every measure of his administration, however beneficial. They are the real MOMUS of politics, who will shut their eyes upon the most perfect of beauties, to listen to the mere creaking of a puppet . In one respect, indeed, they are worse than this fabulous critic. Where they have not the slightest blemish to carp at, they will resort to the most invidious notions; not unfortunately for them, the extravagance of their charges is their best refutation."
"Do not then underestimate the spirit of our country or the designs of its government. Never has that administration been more zealously supported by the people. Never has there existed a more decided resolution to repel the encroachments of your cabinet; to endure every pain, privation & peril in the defence of our just rights. We have relied upon your liberality for relief. Once convince us of our mistake and not even a restriction bill shall be the limit of our resentment."
"Mr. Fox will not shut his eyes against the real interests of Britain. If it be for the interest of his country, to cultivate an intimate connection with our own, why does he question the ties of union by her multiplied acts of oppression? Why destroy a cordiality, which commerce, which a similarity of language, which an incessant intercourse between our people, could not fail to diffuse over our country, if these causes were suffered to operate in all their force? She impedes our frames; she insults, interrupts and carries our neutral flag a captive into her ports; she suffers her cruizers to come into our acknowledged jurisdiction, to seize our unoffending merchantmen, under the mislaid pretext of a right of search, and to murder a fellow-citizen under the mislaid pretext of enforcing that mislaid right. If we remonstrate against these commanders, she magnifies their influence, by promoting them: if against this acknowledged murder, we are infinitely told by her Editors, that it is nothing but an accidental consequence of the right of search; a right which we have just granted by treaty even to the Barbarian Bashaw of Tripoli; & that we ought not to complain. They would have us believe that the harbours of the United States are not more sacred than the high seas; and that the illegal presumption of lying in wait for our vessels, is not in the least aggravated by such a breach of our jurisdiction."
"These are not the means of attaching us to your country; of creating a common cause against France. It is by such means, that all the neutral nations who live upon the sea, have formed a more durable affection for France than it was possible for her cause to inspire. It is from the antipathy thus excited against Eng. that they will ever be prevented from forming, as quickly & as effectually as they otherwise would do, a firm coalition with her, or treaties of alliance, offensive and defensive. The clandestine war, which your country thus wages against neutrals, is in many cases the very best ally of Bonaparte."
"Can we suppose you blind to another obvious consequence? Suffer our commerce to pursue its natural and uninterrupted channel; and it will be a long time, ere we create a national navy. The progress of an agricultural country, such as ours ought to be, from the cultivation of the earth to a very expanded commerce, and from commerce to the equipment of a navy, ought to be gradual and slow. But disturb our trade; capture our vessels; impress our seamen; blockade our harbours; trample upon us on all sides with your navy, and you immediately compel us to feel the necessity of establishing one of our own. Are you then indifferent to the consequences of a system which will possibly change the natural course of our policy, and create a rival of your power, whose resources are far from being contemptible?"
"We will not insult your understanding, by exposing an obvious error of the author of the "Observations." You will see that the execution of our Restriction-bill is not dependent upon the fiat of our executive or of our minister; but that it goes into effect on the 15th of November; whether our differences with you are adjusted or not; without any controul from the executive, and without any controul even from Congress, who do not assemble until the following month."
"Suffer then, we pray you, no ridiculous etiquette, no overstrained apprehension of incurring the character of pusillanimity, to interrupt the tranquillity of our countries. Your honor at least may be twice saved. You were not the minister, who imposed these reflections upon our commerce; it will be no dishonour therefore to depart from the failings of your predecessor. But if this be your apprehension, you may cease to incur the imputation of acting under the fear of our restriction bill. But whatever be your course, fail not to forget, that the future peace of our countries may depend upon your decision."
ARCHER TRAYLOR, sen.
Chesterfield, May 27. (t. t.)
ARCHER TRAYLOR, sen.
Chesterfield, May 27. (t. t.)
ARCHER TRAYLOR, sen.
Chesterfield, May 27. (t. t.)
ARCHER TRAYLOR, sen.
Chesterfield, May 27. (t. t.)
ARCHER TRAYLOR, sen.
Chesterfield, May 27. (t. t.)
ARCHER TRAYLOR, sen.
Chesterfield, May 27. (t. t.)
ARCHER TRAYLOR, sen.
Chesterfield, May 27. (t. t.)
ARCHER TRAYLOR, sen.
Chesterfield, May 27. (t. t.)
ARCHER TRAYLOR, sen.
Chesterfield, May 27. (t. t.)
ARCHER TRAYLOR, sen.
Chesterfield, May 27. (t. t.)
ARCHER TRAYLOR, sen.
Chesterfield, May 27. (t. t.)
ARCHER TRAYLOR, sen.
Chesterfield, May 27. (t. t.)
ARCHER TRAYLOR, sen.
Chesterfield, May 27. (t. t.)
ARCHER TRAYLOR, sen.
Chesterfield, May 27. (t. t.)
ARCHER TRAYLOR, sen.
Chesterfield, May 27. (t. t.)
ARCHER TRAYLOR, sen.
Chesterfield, May 27. (t. t.)
ARCHER TRAYLOR, sen.
Chesterfield, May 27. (t. t.)
ARCHER TRAYLOR, sen.
Chesterfield, May 27. (t. t.)
ARCHER TRAYLOR, sen.
Chesterfield, May 27. (t. t.)
ED. AUTHOR.
LAW OF THE UNITED STATES.
AN ACT
Continuing in force, for a further time, the first section of the act, entitled, "An act further to protect the commerce and seamen of the United States against the Barbary powers."
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That so much of the act passed on the twenty-fifth day of March, one thousand eight hundred and four, entitled, "An act further to protect the commerce and seamen of the United States against the Barbary powers," as is contained in the first section of the said act, be, and the same hereby is continued in force until the end of the next session of Congress, and no longer.
NATHL. MACON, Speaker of the House of Representatives. S. SMITH, President of the Senate, Pro tempore.
April 21, 1806. APPROVED, TH: JEFFERSON.
RAN-AWAY from the subscriber on Sunday last, a mulatto man named Julis, who appears to be about forty years of age, is about five feet 6 or 7 inches high and is a good sawyer, & a carpenter, and can work pretty well at the coopers trade. I purchased Julis lately from Mr. Richard Byrd of York county, and expect he is either lurking about that gentleman's plantation where he has a wife—in the city of Williamsburg where he is acquainted, or that he has made for King William, where he formerly lived and had connections near Aylett's ware-house. I will give ten dollars for the delivery of Julis to me at this place, if apprehended in the vicinity of Williamsburg, or twenty dollars if taken in King William.
FRANCIS BRIGHT. (t. f.)
Porto Bello, July 25.
THE subscriber has removed his Broker's Office to the middle tenement, in Doct. or Terman's new building, the first door above Messrs. Pickett, Potter and Johnson, and the second below the Post-Office; where he will attend particularly to all business confided to him.
THOMAS NORVELL.
For sale, 10 SHARES in the JAMES RIVER COMPANY. June 6. (t. f.)
ALEXANDER STUART, Esquire, of Richmond, and Col. William Daniel, of Cumberland county, are so obliging as to undertake my law business. The former will give his attention to it in the federal court and in the court of appeals. The latter in the superior court of chancery for the Richmond district.
CREED TAYLOR. (t. f.)
July 18.
LAND—FOR SALE.
Agreeably to a decree of the High Court of Chancery for the Richmond district, will be sold, to the highest bidder, for ready money, on the premises, on Saturday the ninth day of August next:
A TRACT of LAND in Chesterfield county, containing about two hundred acres, and known by the name of Osborne's; to satisfy a debt due by the estate of John Osborne, deceased, to Addison Day.
THE COMMISSIONERS. (et sw.)
July 18. 3,000 wt. SALT PETER D BACON. 1,000 wt. first quality N. ENGLAND CHEESE, 10 gross BOTTLED CYDER, A few butts CLOVER SEED, 150 pieces PAPER HANGINGS. For Sale by EDWARD HALLAM.
EDWARD HALLAM.
Constantly for Hire—An Excellent Carriage and Horses—apply as above. May 27. (t. f.)
JOHN ALCOCK,
INFORMS the Citizens of Richmond, and the public, he has just received at his Cabinet Manufactory near the Fire Insurance Office; a large assortment of Windsor Chairs and Settees, made in the newest fashion and by the best workmen in the state; any gentleman wishing to buy, will please send their orders or call at his Cabinet Manufactory, where they may get good warranted work, and on low terms, either in the Cabinet line or Windsor Chairs. June 6. (t. f.)
JUST RECEIVED, FROM BORDEAUX:
A Large assortment of Claret Wine, of different qualities; Champagne, Moussoux, White Sautern, Vin de Grave Bourdeaux, Lafitte, Muscat de Frontignan, old Medoc of different qualities, fresh Andouvier, fresh Olives, Capers, and superfine Sweet Oil.—For sale on reasonable terms by ALEXANDER PLAINVILLE. June 27.
VALUABLE PROPERTY—FOR SALE.
BEING desirous of removing to the Western country, I will sell the land whereon I now live, in Buckingham county, at the mouth of Slave river, on James river, six miles above Richmond; containing about One Thousand Acres, one hundred and forty of which, at least, are Excellent Low Grounds.—On this farm are all necessary and convenient improvements for any sized family, viz. a spacious and handsome Dwelling House, quite new; Kitchen, Meat-house, Stables, Carriage-house, Barn, Ice-house—also, nearly all new.—There are on this farm tolerable Orchards of different kinds; and two Shad fisheries, surpassed by none on the river above the falls. One fourth of the purchase money will be required in hand; and the remainder in three equal annual payments; with a lien on the premises to secure the payment of these three last sums. GEORGE NICHOLAS. July 23. (t. f.)
With the above valuable farm, and immediately adjoining, may be had also, the SLATE QUARRIES, heretofore advertised; supposed by good judges, who have visited them, to be equal if not superior to any now known, in point of quantity, quality and situation. For the reasons formerly given, they may be had for any species of property more convenient to, or requiring less attention from the subscriber. If they are not soon disposed of, it is proposed to recommence the working of them from the ensuing autumn; when, it is confidently believed from the experiments already made, that covering of that kind may be expected on much more reasonable terms in Virginia, than that bulky and heavy article can possibly be had from any more distant quarters. JOHN NICHOLAS. July 23. (t. f.)
ALL persons having claims against the estate of John Hoomes, dec'd. of the Bowling Green, are requested to make them known, that provision may be made for a final settlement.—And those indebted must make immediate payment to JOHN HOOMES, and JOHN WOOLFOLK, Executors of John Hoomes, dec'd. Jan. 28.
TEN DOLLARS REWARD.
RAN away from the subscriber, living in Buckingham county, a mulatto boy named Jim, about 22 years old, 6 feet 7 or 8 inches high, had on a short green cotton coat, striped Virginia cloth trousers. Whoever will bring, or secure said boy, so that I get him again, shall receive the above reward. LION ELSON. June 10. (t. f.)
ALL masters of vessels and others, are forewarned from harbouring or carrying the said slave out of the state at their peril. June 10. (t. f.)
Printing, IN ALL ITS VARIETY, EXECUTED AT THE OFFICE OF THE ENQUIRER.
PROPOSALS
For carrying Mail of the United States, on the following Post-Roads, will be received at the General Post-Office, until the 5th day of August next, inclusive.
FROM Washington City by Alexandria, Col. Cheever and Dandridge, to Fredericksburg, six times a week.
April 15 to December 1. Leave Washington City every day at 4 A. M. arrive at Alexandria by 5 A. M.; leave Alexandria at 5 1/2 A. M. and arrive at Fredericksburg by 11 A. M. and arrive at Fredericksburg by 5 P. M. in 18 hours.
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