Norfolk gazette and publick ledger (Norfolk [Va.]), 1805-07-10 00:00:00

NORFOLK GAZETTE AND PUBLICK LEDGER.
VOL. I.]
WEDNESDAY EVENING, JULY 10, 1805.
[NO. 153.]
WANTED TO CHARTER, A SHIP. Of from 200 to 300 tons burthen, to load with Lumber, for a port in Jamaica.—Immediate despatch will be given. Apply to Robert Maitland & Co.
FOR CHARTER, The good Ship TICONIC, Burthen about 300 hogsheads Tobacco.—For terms, apply to Moses Myers.
FOR CHARTER, The American Ship REUNION, Burthen 280 tons—she will be ready for the reception of a cargo in fifteen days. Warren Ashley.
WHO HAS ON BOARD SAID SHIP, 3000 Bushels Coarse SALT.
FOR SALE, FREIGHT, OR CHARTER, The American Ship ELIZA, Joseph BUNTIN, Master.—Burthen 176 tons, or 230 hogsheads tobacco. For terms apply to the Master on board, or to Phinehas Dana & Co.
FOR LONDON, The Ship MENTOR, Stephen WATERMAN, Master.—Burthen 350 hogsheads tobacco—Will be ready to receive a cargo in a few days, and will sail by the last of this month. She is a very fine vessel of 18 months old, and well found in every respect. For freight or passage, apply to Freeland & Gillies, in Petersburg, or to N. Heron.
FOR SALE, FREIGHT, OR CHARTER, The Schooner VIRGINIA, William FORSYTH, Master.—Burthen 1200 barrels, a good vessel, and will be ready to receive a cargo in a few days. Apply to Edward Roberts.
TOMORROW, WILL BE LANDED, On Gibson's Wharf, from the Schooner Bee, George Poulton, Master, from Teneriffe.
TENERIFFE WINE, of a good quality. 73 Pipes, 42 Hhds. 24 Qr. Casks. 3 Pipes VINEGAR. 48 Barrels Fresh WALNUTS. 3 do. ALMONDS.
FOR SALE ON VERY MODERATE TERMS. Apply to Edward Roberts. THE SAID SCHOONER, is offered for sale, or charter—burthen 75 tons, a staunch vessel. Apply as above.
FOR LONDON, The American ship ABERDEEN, William MORGAN, Master.—Burthen about 430 hogsheads tobacco—Intended to sail by the 1st of August—can take on freight about 200 hogsheads tobacco, and 30 bales cotton. For terms apply to J. & W. Southgate.
FOR BOSTON, The fast sailing Schooner HANNAH, Captain ELDRIDGE, Burthen 900 barrels—will sail in 3 or 4 days. For freight or passage, having good accommodations, apply to Martin Fisk.
LANDING ON CALVERT'S WHARF, From on board the Schooner Hannah, from New-Orleans, 550 Barrels PORK. 180 do. BEEF, which will be re-inspected, and put in complete shipping order.
IN STORE, 150 Barrels New-York Prime and Cargo PORK. 24 Hhds. & 24 Bbls. White & Brown Clayed SUGAR. 20 Puncheons Tobacco RUM. 40 Tierces Dutch LINSEED OIL. Dutch GLASS WARE, assorted in cases. 1000 Barrels Superfine and Fine FLOUR—For sale by James Dykes & Co.
WHO WANT TO CHARTER, A fast sailing Vessel, of 11 to 1300 Barrels, to load at Alexandria for Jamaica.
FOR LIVERPOOL, The good Ship ALEXANDER, Miles KING, Master.—Will sail in all the month of July—part of her cargo being engaged. For freight of the remainder, or passage, apply to J. & W. SOUTHGATE.
FOR FREIGHT OR CHARTER, The fine new American Ship MECHANICK, V. BACLEY, Master, burthen 250 tons, or about 350 hlids tobacco, now ready for the reception of a cargo.
ALSO, The fine new Brig MERRIMACK, BATCHELOR, Master, burthen 145 tons, or about 1400 barrels flour, now ready for the reception of a cargo. For terms apply to Robert Gibson.
FOR CHARTER, The British Ship DUNROBIN CASTLE, John M'BRIE, Master: Burthen 280 tons, carries 14 guns and men suitable. Clyde, or Liverpool, will be preferred. Robertson & Brown.
FOR LONDON, THE SHIP ROBA & BETSEY, William J. Richardson, Master, Will sail with all convenient speed, two-thirds of her cargo being engaged. For freight of the remainder or passage, apply to the master on board, or to the subscriber. William Pennock.
WANTED TO CHARTER, A BRITISH SHIP of 250 to 300 Hogsheads—And an AMERICAN one of the same description. C. & F. Whittle.
JUST RECEIVED, Per the Ship Reunion, from Alicante, and for sale by the Subscriber, 200 Hogsheads Choice RED WINE. 3,500 Bushels SALT. Moses Myers.
LANDING, At Commerce-Street Wharf, from the Brig Paragon, Capt. Ainsley, 107 Puncheons high proof Jamaica Rum. Which is offered for sale on very liberal terms, by Redmon & Frith.
WILL BE LANDED Tomorrow Morning on Gibson's Wharf, 35 Puncheons of Antigua RUM, 15 Do. do. Old RUM, and sold cheap for cash or approved paper at 60 days, if taken away before it is put in store. Robert Gibson.
Avis aux Français. LE SOUS-COMMISSAIRE des relations Commerciales de France, à la résidence de Norfolk en Virginie, informe les Citoyens Français, que ceux d'entre eux qui auront de demandes à faire, doivent s'adresser aux Commissaires: & que, dorénavant, les demandes adressées directement au Ministre de France près les Etats Unis, resteront sans réponse.
OSTER. June 15. 1aw3 764
POLYGRAPHICK PAINTING. THIS art, so long kept a secret and exclusively practised by the Polygraphick Society in London, is now in the possession of a citizen of the United States lately arrived from Europe; who proposes to execute, by subscription, two hundred copies from an original Allegorical Painting in the Shakespeare Gallery, New-York, by permission of the Proprietor: being
A PORTRAIT OF WASHINGTON, Supported by Liberty, Virtue, and Justice. Virtue is holding the emblem of the reward he merited. In the right of the piece, America, characterised as an Ab-original, is seated in a pensive posture, lamenting her loss. In the left is Painting turning to History, for a subject worthy of her art, who is supposed to answer, "THERE IS NONE MORE WORTHY THAN WASHINGTON."
The whole forming a more emblematical tribute to the memory of that great man, than has yet been offered to the publick. To those who esteem his publick services and his private worth, and to the Patrons of improvements in the fine arts, this work is dedicated. Such as are already furnished with different engravings on this subject, will, it is hoped, still find room for the present undertaking, when they consider, that it will be a Painting, and the design new, executed by a process, which renders it more durable than oil painting—that it requires no glass—that while their prints contain, perhaps a faint resemblance only, this work affords a correct likeness, with the addition of six beautiful allegorical figures. The price also is reduced so as to leave, on comparative merits, no objection. Subscriptions, at Eight Dollars each, payable on delivery, (which is very little more than the price of an engraving of the same size) are received by Conrad & Co. Booksellers, Philadelphia, and Bonsal, Conrad & Co. Norfolk.
IT IS ALSO PROPOSED TO EXECUTE Portraits of Mr. and Mrs. Washington, by the same process, on subscription, of Four dollars and fifty cents each. It is a principal aim of this work, to produce the most correct likenesses of this amiable couple.
The Artist presumes that the secret art of Polygraphick Painting is known only to himself, in the United States; having travelled from the Carolinas to Massachusetts, without finding a master of it. By this Art, original paintings may be multiplied, so as to render it difficult to point out the difference. The Polygraphick picture, of the two, when compared together, is the most brilliant, and the nature of the process cannot fail rendering it more durable. In fine, the whole is so exact and beautiful a copy, that the mind is lost in conjecture as to the method in which it is executed. Philadelphia, June 4, 1805. 1aw1N. 777
THE COMMONWEALTH OF VIRGINIA, To the Sheriff of that County, greeting: WE command you that, from all further proceedings on an order obtained on the motion of George McIntosh, (who in right of his wife is entitled to a distributive share of the estate of Cornelius Calvert, deceased,) in the District Court held at Suffolk, on the twenty-second day of May, 1805, appointing Samuel Coleman, to collect and preserve the estate of the said Cornelius Calvert, deceased, upon his giving bond and security for collecting the same, making an inventory thereof, and safe keeping and delivering up the same, when required, to the Executors or Administrators of the said Cornelius Calvert, deceased; and allowing the said Samuel Coleman, to make oath and give bond accordingly, you altogether supersede. Which order before the Judges of our Court of Appeals, at the Capitol in the City of Richmond, for cause of error in the same to be corrected, on the humble petition of James Tucker, we have caused to come, he the said James Tucker, having given security to prosecute with effect, and if the order aforesaid shall be affirmed, to satisfy and pay all damages and costs as shall be awarded against him. We also command you that you give notice to the said George McIntosh and Samuel Coleman, that they be before the Judges of our said Court of Appeals, at the Capitol aforesaid, on the first day of the next Court, then and there to have a re-hearing of the whole matter in the said order contained; and have then there this writ—Witness, John Brown, Clerk of our said Court of Appeals at Richmond, the twentieth day of June, 1805, in the 29th year of our foundation. JOHN BROWN.
The above supersedeas having been served on Samuel Coleman, the authority he acquired over the Estate of Cornelius Calvert, deceased, under the order of the District Court, is suspended; and my powers, as Executor, are consequently revived. I do therefore give notice, that any payments made of debts due or to grow due to said Estate, to any other person than myself, will be made in their own wrong; and that the persons so paying will be subjected to a second payment by
JAMES TUCKER Ex'or. of Cornelius Calvert. June 20. tf 775
I HAVE FOR SALE, ON VERY LOW TERMS, Imperial, Hyson, Young Hyson, TEAS, entirely fresh, and entitled to drawback. Superfine, Fine, Cross Midling and Midling FLOUR. A few puncheons 3rd and 4th proof RUM. 4 Hhds. Muscovado SUGAR, of very superior quality. 50 Tierces RICE. I wish also, for an opportunity of shipping some articles to Charleston, S. C. EDWARD JOHNSTON, Gibson's Wharf. 809
DR. REES'S NEW CYCLOPEDIA. July 8. 3
SAMUEL F. BRADFORD, & CONRAD & CO. PHILADELPHIA. Are preparing to publish, by subscription, THE NEW CYCLOPEDIA; OR UNIVERSAL DICTIONARY
OF ARTS AND SCIENCES. IN TWENTY VOLUMES, 4to. FORMED UPON A MORE ENLARGED PLAN OF ARRANGEMENT THAN THE DICTIONARY OF MR. CHAMBERS. COMPREHENDING The various articles of that work, with additions and improvements, together with new subjects of Biography, and History, and adapted to the present improved state of Literature and Science. BY ABRAHAM REES, D. D. F. R. S. Editor of the last Edition of Chambers's Dictionary, with the assistance of eminent professional gentlemen.
Illustrated with plates, including maps, engraved for the work, by some of the most distinguished artists. The whole improved and adapted to this country, by gentlemen of known abilities, by whose aid it will be rendered the most complete work of the kind that has yet appeared.
CONDITIONS. I. The work will be printed in large quarto, with new types, cast for the purpose, and on a superior wove paper. II. It will be comprised in about twenty volumes, from eight hundred to a thousand pages each. III. A half volume, in boards, will be regularly published every two months, price three dollars, payable on delivery. No advance will be required. IV. Any subscriber, who, upon receipt of the first half volume, does not approve of the work, shall be at liberty to withdraw his name. V. Between six and seven hundred plates, engraved in a superior style of elegance, will be comprised in the course of the publication: by far a greater number than is to be found in any other scientific dictionary. At the close of the publication will be delivered an elegant frontispiece, the dedication, preface, and proper title pages for the different volumes. VI. The work will be put to press as soon as a sufficient number of subscribers are obtained. VII. A list of the names of those who subscribe will be published in the last volume, as the patrons of this great and magnificent work. Subscriptions received by Bonsal, Conrad & Co. Norfolk. July 5. 3 798
MRS. RIVARDI'S ACADEMY. REVEREND SIR, YOU had the kindness to allow me, two years ago, to look upon you not only as one of the chief protectors of the establishment under my charge, but also did me the honour of becoming, in conjunction with Dr. B. Rush, J. B. McKean, R. Smith, and A. Morris, Esquires, one of the Trustees of my Seminary. This condescension has at all times rendered me extremely anxious to deserve your patronage; indeed I ascribe in a great measure the credit which the establishment I hope has generally obtained, to that circumstance. Few persons are yet informed of the favour so politely conferred on me, as the greater number of my pupils are from abroad. On several occasions you had the goodness to express the satisfaction which you, and all those who have honoured our school-rooms with their visits, derived from the improvements of the young Ladies, as well as from the manner in which the Seminary is conducted. I have never taken the liberty of publishing your letters of approbation.—Would you and the other gentlemen permit me to make it known, that I am authorised to consider you as Trustees of the Institution, I should not only esteem it a distinguished mark of your approbation, but a certain means of assuring the full confidence of those Parents and Guardians who have instructed their children to my care. With great respect, I have the honour to be, Reverend Sir, Your very humble and obedient servant, MARIA RIVARDI. The Right Reverend Doctor WHITE. April, 1805.
MADAM, THE high opinion we entertain of your qualifications for the arduous and diversified duties of the institution under your direction, and the evidences which have been presented to us, at examinations, of the Improvement of the Young Ladies, who possess the advantage of being your pupils; induce us to comply with your request, by the present testimony of our approbation of your Seminary, and to express our wishes for the success of an institution so useful to our city, and so honourable to you. We are, Madam, your very humble servants, WILLIAM WHITE, BENJAMIN RUSH, J. B. MCKEAN, ROBERT SMITH, ANTHONY MORRIS. Mrs. Rivardi. Philadelphia, April 24. 1aw6w 609
FOR SALE, Pursuant to the Will of William Samuel Peachy, deceased. Peachy's Manufacturing Mills and Store-House. LYING in the County of Prince George, on Powell's Creek, a navigable stream of James River, and on the main stage road from Norfolk to Petersburg, with about six acres of Land belonging thereto.—One third of the purchase money will be required at the end of eighteen months and three years credit will be given for the residue. The Gentleman at the Mills will be good enough to shew them.—For terms apply to Mr. Robert Maitland of Norfolk, or to Thomas Griffin Peachy of Williamsburg. ALSO FOR SALE, That beautiful Seat on James River (about four miles from the Mills) called FLOWER DE HUNDRED.—The Tract of Land belonging to this Seat, contains 1800 acres extending nearly two miles on the banks of the river, (about half a day's sail from Norfolk, and five hours from Petersburg) considerable part of the Land is fit for the cultivation of Wheat and Tobacco; it has some valuable Low Ground, and a great deal of Meadow Land, from which in its natural state, great quantities of Hay may be made; the Land also abounds with good Timber:—The Houses, Garden, Orchards, and other improvements, are extensive and valuable.—As it is presumed that no person would purchase such an estate without first viewing it, a further description is thought needless.—Collier Harrison, Esq. of Charles City, who has viewed the Land and is well acquainted with its quality, will be good enough to shew it.—A credit of 9, 13 and 16 years will be given for the greater part of the purchase money, and for the residue four annual payments will be required.—An indisputable title will be made.—The price may be known by application to Mr. Robert Maitland, or to Mary W. Peachy, and Thomas G. Peachy, of Williamsburg. March 25. tf 583
SUBSCRIPTIONS Are received at the Office of the Publick Ledger, for the following works.
ARISTOTLE'S ETHICKS AND POLITICKS, Proposed to be reprinted by GEO. L. GRAY, Norfolk, from the last London Edition of Gillie's translation, with copious notes and illustrations, in two Octavo volumes, price to subscribers Four Dollars per Volume in Boards—or, if preferred by the subscribers, five dollars per volume neatly bound—The price of the London Edition of this invaluable work is Eighteen Dollars.
OVID'S ART OF LOVE. From the translations of Dryden, Congreve, &c. Now in the Press, by Jacob Peters, Baltimore. To which will be subjoined his Remedy of Love. It will be printed at the moderate charge of one dollar and fifty cents bound, or one dollar in boards.
SHAKSPEARE'S WORKS. From the latest London Edition, with Notes, &c. All the Plays of Shakspere, comprised in Sixteen Volumes, elegantly printed by Hugh Maxwell, & T. S. Manning, Philadelphia. Price to subscribers in boards Twenty-Four Dollars. The second volume may be seen, as a specimen, at the Bookstore of Bonsal, Conrad & Co. An edition in 8 vols. without notes, is also printed price 8 Dollars.
RURAL PRACTICES. A treatise on the mode of erecting Houses, Fencing walls, &c. in fine or common soil; also on the best mode of mud-walling.—With Plates. By S. W. JOHNSON of NEW-BRUNSWICK, N. J. In one octavo volume, price one Dollar Fifty Cents.
ASSEMBLY'S MISSIONARY MAGAZINE, OR EVANGELICAL INTELLIGENCER. Published, monthly, under the patronage of the General Assembly of the Presbyterian Church in the United States of America, by William P. Farrand of Philadelphia. This work of which four numbers are now published, is superintended by a committee of eminent divines; each number contains 50 octavo pages, and one engraving; the price to subscribers twenty-five cents each, to be paid on delivery. The numbers published are expected here every day.
MONTHLY REGISTER, AND REVIEW OF THE UNITED STATES. By S. Cullen Carpenter, of Charleston, S. C. This work which is intended to embrace a general history of the United States, both literary and civil, is proposed to be conducted on the well-known and highly approved plan of the English Annual Register; and will be published in monthly numbers; each number divided into two distinct parts; the first part to be occupied in detailing the publick transactions of the preceding month, the second to be entirely literary—The whole to form two large and handsome octavo volumes, at the end of each year—The price Six Dollars per annum, payable half yearly in advance.
THE PORT FOLIO, BY OLIVER OLDSCHOOL, ESQ. PHILADELPHIA. Price Six Dollars per annum, in advance. There is no necessity to make any remarks on the plan or execution of a work, so well known, and so universally admired both in America and Europe.
THE COMPANION, BY EDWARD EASY, ESQUIRE, BALTIMORE. This Weekly Miscellany, composed of materials principally original, is now in its first year, and is marked by a spirit of inquiry, and a neatness of style, which render it both amusing and instructive, in a very eminent degree.—The subscription is Three Dollars per annum, payable half-yearly in advance.
TRIAL OF SAMUEL CHASE. A Faithful and authentick Report of the Trial of the Honourable Samuel Chase, one of the Associate Justices of the Supreme Court of the United States, before the High Court of Impeachment, Composed of the Senate of the United States, for charges exhibited against him by the House of Representatives, in the name of themselves, and of all the people of the United States, for high crimes and misdemeanours, supposed to have been by him committed. From his Impeachment to his final Acquittal. Taken in short-hand by CHARLES EVANS, And the Arguments of Counsel revised by them from his M. S.
This interesting work will contain from 350 to 400 pages, in large royal octavo, on a small type, and will possess the peculiar advantage of having all the arguments of counsel, on both sides, corrected by themselves. Price to subscribers Two Dollars and Fifty Cents, payable on delivery.
TRIAL OF SAMUEL CHASE, "An Associate Justice of the Supreme Court of the United States, Impeached by the House of Representatives for High Crimes and Misdemeanours, before the Senate of the United States. Taken in short-hand, by SAMUEL H. SMITH, AND THOMAS LLOYD." Volume I. is now published, and Contains Measures preliminary to the Trial, including the proceedings of the House of Representatives and Senate, antecedent to the trial. The answer of Mr. Chase, and the replication of the managers. The Speech of Mr. John Randolph on opening the Impeachment. The evidence on the part of the prosecution in detail. The Speech of Mr. Robert G. Harper, on opening the defence. The evidence on the part of the Respondent, in detail. The Speeches of Mr. Early, and Mr. Campbell. Price Two Dollars.
The reporters in their preface say "the arguments of the managers and counsel have in most instances, and wherever it was attainable, been revised by them. The publick will now have an opportunity of making choice of which report of this important trial they may be most inclined to confide in; orders will be transmitted with equal satisfaction for either. Subscriptions are also received at the office of the Ledger for any Newspaper or other periodical work, in the United States. May 15.

We do not remember to have experienced so warm weather as the last three days; yesterday in many parts of the town the mercury was up to 97, in a cool passage it was from two o'clock to five at 95, and at seven in the evening at 93.
A correspondent who has for three years past kept a journal observes, that the middle of July may be accounted our warmest weather. In 1803, the warmest weather was from the 16th to the 15th day of July, the Mercury being generally from 90 to 94. In 1804, the warmest weather was from the 9th to the 16th July, the Mercury being from 90 to 93: and this year the weather since Sunday last, has been warmer than either of the preceding years, this morning at six o'clock the mercury in a cool passage was at 85.
Yesterday a fatal instance of the imprudence of drinking too freely of cold water occurred, a poor man fatigued with work, took a large draught of cold water when much heated, which almost instantly put a period to his existence.
The eleventh discourse of the LAY-CURATE should have appeared on Monday or this day, but for particular reasons—We hope the author will excuse this delay, and suffer us to retain it until some future period—The subject is one which we do not, at this moment, wish to agitate in the Publick Ledger.
DRAWINGS IN THE LOTTERY FOR THE BENEFIT OF WILLIAM & MARY COLLEGE.
Table with 7 columns: Prize amount, Nos., and numbers. Includes 'Prizes of 500 dollars' and 'Prizes of 15 dollars'.
Table with 7 columns: Prize amount, Nos., and numbers. Includes 'Forty-second Day' and 'Prizes of 15 dollars'.
FROM THE NATIONAL INTELLIGENCER.
IN THE SENATE OF THE UNITED STATES. Friday, February 22.
HIGH COURT OF IMPEACHMENT. THE UNITED STATES vs SAMUEL CHASE.
Speech of MR. KEY, Concluded.
MR. PRESIDENT. On the third specification which charges the respondent with "the use of unusual rude, and contemptuous expression towards the prisoner's counsel; and in falsely insinuating that they wished to excite the publick fears and indignation and to produce that insubordination to law, to which the conduct of the judge did, at the same time, manifestly tend;" I have but a few observations to make. I should indeed have spared many of the remarks I have made, were it not for an ignorance of the particular ground on which the honourable managers mean to reply—and were it not for the fear that an omission to notice any of the charges preferred, might be considered as an abandonment of our defence so far as related to them. I have no where discovered in the evidence any thing that supports in point of fact the charge against judge Chase, of falsely insinuating that the prisoner's counsel wished to excite the publick fears and indignation and to produce insubordination to law. The judge did say that the counsel used a popular argument, calculated to mislead and deceive the populace, and this is the extent and head of his offending; but there is a wide difference between this and the charge laid to his door. He told the counsel, and told them truly, that they were availing themselves of a popular argument calculated to mislead and deceive the people. Attend, I pray you, to the testimony of Mr. Hay. Did not the counsel for the prisoner say they did not argue for Callender? That it was the cause, and not the man, they defended? That they did not expect to convince judge Chase, or any other federal judge of the unconstitutionality of the sedition act? Were they not then labouring with their whole talents to catch the popular ear? Did they not expressly declare that they had little hopes of the jury, and that their object was to make an impression on the publick mind? And when the judge declared that the constitutionality of the act could not be discussed before the jury, did they not, failing in their object, abandon the defence? The ground which they meant to have taken was withdrawn, and they withdrew with it.
As to the use of unusual, rude, and contemptuous expressions towards the prisoner's counsel, no particular facts appear to be relied on. The term captious may be unusual; the phrase young gentlemen, which in opening the honourable manager metamorphosed into boys, but which last word does not by the testimony appear to have been used, may have been obnoxious to the ears of those to whom it was applied. There may not have been manifested in this language the most refined decorum; but let us recollect that our honourable client is not now on his trial for a violation of the decorums of society. Possessed of great ardour of mind and quickness of feeling, he conceives with rapidity and expresses with energy his ideas. This may be a weakness; but it is a weakness of nature. Had he a colder heart, and weaker head, he might not be exposed to those little indiscretions. But where is the vade mecum from which a judge is to derive precedents for his behaviour? Courts are instituted not to polish and refine, but to administer justice between man and man. One judge may possess a more pleasing urbanity of manners than another; but are we to infer that because a man is warm in the expression of his sentiments, he is therefore angry? It will not be contended that when the counsel for the traverser spoke of the necessity of the indictment being verbatim et litteratim, the witty reply of the judge that they might as well insist that it should be punctilium, there was any violation of decorum manifested. The reply grew out of the occasion, and never was a remark better applied.
I know of no other unusual language; except the
expressions of non sequitur; and surely there was nothing improper on that. We have been told that it is the usual habit of Judge Chase to interrupt counsel when they attempt to lay down as law that which is not law; in this case, he certainly did so; but it does not appear that he departed from his ordinary course; and if he had, where is the rule which, on such occasions, is to govern a judge? Such conduct, as I have before observed on another point, violates no moral obligation, infringes no statutory provision. The judge may not have displayed the urbanity, the suavity, and the patience, which so happily characterize some high characters; but where or when has the absence of these minor qualities been considered as criminal? Some of the witnesses, and among them col. Taylor has described the conduct of the judge as imperious, sarcastick, and witty; but no witness has pronounced it tyrannical or oppressive.
With regard to the fourth specification which relates to the interruption of counsel, I shall say but little. A judge has a right at all times to interrupt counsel whenever they act improperly. It is the inherent right of courts. When that is laid down as law which is not law, it is not only their right, but it is their duty, to stop them. Such interruptions may be considered vexatious by the counsel that are interrupted; but of such matters the court only can be the judge. One witness, examined on the frequency of the interruptions of the counsel on the trial of Callender, has said that more interruptions occurred in a case before Judge Iredell, whose eulogium has been pronounced by an honourable manager; and another witness has informed us that it is the habit of Judge Chase frequently to interrupt counsel in civil as well as criminal cases; that the habit arises from the vigour of his mind, and the ardour of his feelings; that this is somewhat embarrassing to counsel, but that a little sautir on their part soon restores the judge to good humour. On this point I have no further observations to make. I will leave it to the good sense of this honourable body to determine how far the conduct of the respondent was, on this occasion, indecorous, and how far on account of this conduct, he is liable to impeachment.
I have omitted to notice one of the interruptions, relied on by the managers. When the counsel for the traverser insisted that the jury had a right to assess the fine, according to one of the witnesses, the judge replied that it was a wild notion; according to Mr. Robertson, he said it was a mistaken idea. And that it was, every professional man will acknowledge. The point had been previously decided at Richmond by Judge Patterson and Judge Iredell; it had been decided that the law of Virginia did not apply, and that the assessment of the fine was the province of the court. By the law of Virginia, fine is assessed ad arbitrium; by the act of the United States it is provided that it shall not exceed a certain sum. How then was it possible to act under both laws?
As to the fifth specification, which is in these words:—"In an indecent solicitude, manifested by the said Samuel Chase, for the conviction of the accused, unbecoming even a publick prosecutor, but as highly disgraceful to the character of a judge, as it was subversive of justice;"—I have no precise idea of the meaning of the term indecent solicitude. Solicitude means mental anxiety. If we are to understand by solicitude that the judge felt anxiety for the furtherance of justice, that is simply an operation of the mind, and to determine whether it is praiseworthy or reprehensible, some overt act must be shewn. For is it possible that in any interesting case, a judge can sit on the bench without feeling some interest in the issue? This is more than falls to the lot of mortal. No, he must have feelings; and all that can be required is that he restrain them from breaking out into acts subversive of justice. I will endeavour on this point to condense the testimony. It is said that the solicitude of the respondent is evinced by his indecent behaviour to the counsel, and by his conduct previous to the trial. A jocular conversation is resorted to; and expressions made in the most unguarded moments are drawn forth in judgment against him. After he had delivered a charge at Annapolis, Mr. Mason came up to him, and asked him what kind of charge he had delivered, whether it was to be considered as legal, religious, moral, or political. To which the judge replied that it was a little of all. Some conversation ensued on the licentiousness of the press, and he observed that when he went to Richmond, if a respectable jury could be found, he would have Callender punished. All this is worked up, as it were by magic, to prove a deliberate purpose on his part to institute a prosecution. That a man of the intelligence of Judge Chase, had he conceived such a project, should have thus jocosely, as it is proved, and in publick, have divulged it, is beyond all belief. Let not a casual conversation of this light and sportive kind be tortured into evidence of a deliberate design. No man, the least acquainted with the general character of judge Chase, will entertain the idea for a minute.
Another circumstance complained of, is that judge Chase was provided with a scored copy of The Prospect Before Us; and this is adduced to prove his purpose to oppress Callender. But we have given it in testimony that this copy was scored by Mr. Martin, who handed it to the judge, when he was about going to Richmond, to amuse him on the road, and to make such other use of it as he pleased. What was there improper or indecent in this? Further; the respondent is next hunted through a line of stages on his passage from Dumfries to Richmond; and Mr. Triplett is brought forward to prove that he expressed a wish that the damned rascal had been hanged. Had there been a settled purpose to convict Callender, would it not have been manifested by concealment and prudence, instead of being divulged by such an intemperate impulse of feeling.
We next find the respondent at Richmond. And here a gentleman states that having moved the court for an injunction, he went to the chambers of judge Chase on the subject on the morning subsequent to the motion being made, and before the judge had gone to court; that while he was there, Mr. David M. Randolph, the marshal, came in, and shewed the judge the pannel of jurors for the trial of Callender; that the judge asked him whether there were on it any of the creatures called democrats, and added, if there are, strike them off. Here must be some mistake. The witness must have heard some other person say so. Sure I am that the testimony will show that the statement of Mr. Heath cannot be received as correct. I impute no criminal intention to the witness; this is not my habit; but for ascertaining the weight which it ought to have, I will collect and compare the several parts of the testimony on this point.
It appears that Mr. Heath was at the judge's chambers but once. Mr. Marshall, the clerk of the court, called on judge Chase the same morning that Mr. Heath was there. He cannot recollect whether Mr. Randolph went with him, according to his usual practice, but he is certain, from a conversation he states, that they walked together to court; he met Mr. Heath either in the act of coming out of the judge's room, or exterior to the door; and he heard no such conversation as he relates. What says Mr. Randolph? That no such conversation ever did take place. Here then the testimony is directly opposed. But it is said that our testimony is negative, and is therefore outweighed by the positive testimony of Mr. Heath; this, however, is not the fact. Much of our testimony is positive. Mr. Randolph declares that he has never shewn the pannel of a jury to a
judge, except in the case of a grand jury, offered to the court to select a foreman; and he is positive that no pannel in the case of Callender was not made out until the morning of the third of July in court, when his deputies came forward with the names of the jurors they had summoned on small slips of paper; and in corroboration of this evidence, it appears, on the testimony of Mr. Basset, who was sworn on the jury, that he was not summoned until the third of July; and that the marshal sent out his deputies that very morning to summon jurors. We oppose then to the simple declaration of Mr. Heath, unaccredited by other witnesses, the clear and strong evidence of Mr. Randolph, corroborated by that of Mr. Marshall, and Mr. Basset.
It does then appear to me that none of the alleged facts are so supported as to shew an indecent solicitude on the part of the respondent.
It may, perhaps, be proper to take a general view of the conduct of judge Chase after his arrival at Richmond. The court met on the 22nd of May; on the 24th in the morning a presentment was found against Callender; and an indictment late in the day. When Callender was brought into court an application was made for a continuance, on a general affidavit, drawn by Callender. When this was about to be presented, if the judge had been anxious for the conviction of the prisoner, would he not have suffered it to be filed, and then said no supplementary affidavit, such is the strict principle of law, can afterwards be received. Instead of taking this course, the judge told the counsel that if the affidavit were filed it would not be regular to withdraw it; that they had better draw up a special affidavit, and take till tomorrow to consider it. This was done. A new affidavit was offered. It did not contain grounds for a continuance of the cause to the next term; but the court offered a delay of two, four, and even six weeks; all of which were rejected.
The cause came on for trial, on the 2d of June. Two witnesses summoned had not arrived, and a delay of two hours was prayed for. The court postponed the trial until the next day. The testimony of col. Taylor was rejected on account of its illegality; and its not applying to the whole of any one charge, still the judge asked the prosecutor to admit it? and afterwards tells the counsel for the traverser, such is my opinion; but I am a fallible man, I may be mistaken, and if you desire it you may state your exceptions, and the superior tribunal shall decide. But the offer was not accepted. Callender, in truth, was out of the question; it was not the man, but the cause in defence of which the counsel came forward: their great object was, through an address to the jury, to impress the publick with the unconstitutionality of the sedition law. So often as they attempted to do this, they were interrupted by the court, and all their sensibility and indignation grew out of this refusal to allow them to argue the constitutionality of the law before the jury, to the by-standers.
Carry, Mr. President and gentlemen of the Senate, in your minds these facts, and you will find that the conduct of the respondent was, during the whole course of this trial, not only free from criminality, but, in all respects, justified by law and propriety.
NEW-YORK, July 2.
Bourdeaux papers to the 28th of May have been received at this office, from which we have translated the following articles.—
PARIS, 30 Floreal.
Complaints have been made to his Majesty of great frauds having been committed by the agents of the forests. The emperor has, in consequence, given orders that a very strict attention be directed to this important part of the publick property. A commission having been appointed to examine into this nefarious business, some of the agents fled from justice. Depredations so alarming will excite all the solicitude of the prefects and conservators.
The following trait deserves to be related. An American attached to the late embassy from the United States, and ready to embark on his return to the Federal City, passing one day through the streets of Nantz observed a crowd. Enquiring the cause he was told that it was a father of a family whose moveables had been sold to pay his debts. He enquired farther to what sum his debts amounted—to 100 crowns was the reply. The generous American drew 100 crowns from his pocket, put them into the hands of the bailiff, and disappeared without telling his name or receiving any thanks.
TONNIGEN, May 10.
Yesterday we experienced a dreadful storm. The greater part of the vessels at anchor in the mouth of the river have lost, some their masts, some their anchors, and others their rudders. This morning were counted from 75 to 80 large ships on shore. The situation of these vessels is the more critical that they cannot find here the tenth part of the articles necessary to repair them.
PHILADELPHIA, July 6.
LATEST FROM ENGLAND,
Extract of a letter from our Correspondent at New-York, dated July 4.
"The ship Cato, Snow, in 35 days from Liverpool, arrived here this morning. She left Liverpool, on the 28th May; our London papers by her are of the 25th.—
"We do not find in our papers any article worth transcribing—the captain informs us, that the Embargo had not been taken off, that the impressment of seamen was uncommonly active; and that in failure of a sufficient number of these, measures were taking to supply them with impressed mechanics—no treaty with Russia—the Brest fleet had not sailed—market dull."
Extract of another letter from New-York, dated July 4.
"This morning arrived here the ship Cato, Snow, in 35 days from Liverpool.—We have papers from London as late as the 25th of May; but they contain no news of moment. There is another talk of a peace. The Brest fleet had not sailed. The embargo still continued in England, and the hottest press ever known—even mechanics were taken up, and put on board ship. A revolt is said to have taken place in Sweden, under the influence of France—the person of the king had been put under confinement! Admiral Collingwood had sailed with 12 sail of the line to join Lord Nelson. Negotiation are said to be going on between France and Russia for the restoration of general tranquility. Buonaparte is willing to enter into negotiations on the following basis:
1st. The full recognition of his titles of Emperor of the French and King of Italy. 2d. The solemn guarantee of Great-Britain and Russia to maintain himself and his family in the hereditary possession of his dignities and dominions. 3d. The resignation of Bourbon of all rights and claims to the sovereignty of France. 4th. He engages in return to leave Malta in the possession of England, and to cede to the Emperor Alexander the Republick of the Seven Isles. The ship Erin, of Baltimore, arrived at Dover the 19th of May. Madame Buonaparte was on board, last from Amsterdam, where she was not suffered to go on shore; she is attended by her brother. Madame Buonaparte is in the last stage of Pregnancy; her brother did not think it safe to proceed to Baltimore. The Erin was in the Texel a week, and was placed between a 64 and a frigate, a guard boat kept about the ship at night.
Star Office, half past 3 P.M.
We stop the press to state that despatches have been received this day at the admiralty, and at lord Camdep's office from admiral Cochrane. He arrived with his squadron at Barbados, on the 2d ult. and there received intelligence that the French squadron had gone to leeward, upon which he immediately sailed in pursuit of them, and as he had received accurate information of the course, great hopes were entertained that he would fall in with them before they could do any more injury.
The account of an engagement between the Brest and channel fleets is hourly expected. A letter from Falmouth states, that at seven o'clock on Tuesday evening, the Brest fleet, consisting of twenty-five sail of the line, and frigates, were all under weigh, and standing out to sea. Lord Gardner had formed his fleet, consisting of seventeen sail of the line and several frigates, in the line of battle in two divisions. The Contest gun brig arrived at Plymouth, on Thursday, with an account of the movement of the Brest fleet, in consequence of which, the fifteen sail of the line in the Sound and Cawsand Bay, were expected to sail in the evening to join Lord Gardner.
BRITISH PARLIAMENT.
HOUSE OF LORDS.
FRIDAY, MAY 10.
Petition of the Roman Catholicks of Ireland.
Lord Grenville moved the order of the day for taking into consideration the Petition of the Roman Catholicks of Ireland.
The Petition having been read by the Clerk, Lord Grenville rose and addressed the House to the following effect:—"I rise, my Lords, with great satisfaction, to address your Lordships, after the very moderate and respectful petition which has been just read. I am happy to recollect that when I gave notice of this discussion on a former day, an opinion was expressed by noble lords, that this great subject ought to meet with a fair, full, and impartial discussion. The persons who have signed this petition, have done every thing in their power to entitle them to such a discussion in this house. They address a body in which no local prejudices can be supposed to affect the consideration of their claims, and where party violence cannot be suffered to have any weight in deliberating on so important a subject. I will say for myself, that I am wholly incapable of the folly or wickedness of introducing, or of supporting in this house, for party purposes, any measure that is so materially and essentially connected with the prosperity, peace, and unity of the Empire. I might appeal to all your lordships, whether, if this were a question likely to condone to views of such a nature, and if the individual who addresses you had such an object, his conduct would not have been precisely the reverse of that which he has, in the course of this business, found it proper to adopt. I am well aware, that in such a question I must make up my mind to encounter much personal opposition, and many aspersions; no common degree of clamour and misrepresentation, with many ill-founded suspicions respecting my own sentiments in general. All this I must expect; and in return for what must be felt on this head, I must console myself with the gratification of having endeavoured to discharge a great publick duty. Whatever may happen, I shall not have to reproach myself with the evils that might result from the suppression of this petition; the mischiefs arising from which must be infinitely greater than any that can arise, had no opportunity been thus publickly given to examine and discuss the merits of the petition now before your lordships. I am confident, my lords, that the subject will be fairly and justly considered in this house; and that if not now, yet that the day is not very far distant when its prayer will be granted. What would have been the case had it been in the power of the Roman Catholicks of Ireland to say "there is not one person whom we can find to present our prayer to the attention of the United Parliament! the legislature has shut its doors against us!" What must have been the impression made upon them, but feelings of absolute despair? How contrary, my lords, to all the views we are led to expect from the event of the Union, which held out the prospect of an impartial and unbiased Parliament, freed from all peculiar prejudices, and ready and desirous to consider the wishes of a numerous, considerable, and respectable class of our fellow subjects! Whether the petition be complied with or not, surely it demands our most particular and impartial consideration.
This being the case, my lords, how shall I begin the discussion of this subject, and lay before you the grounds on which I humbly think the claims of the Catholicks of Ireland are worthy to be granted. I shall begin by stating, as the foundation of the policy of this measure, though it is a fact that seems scarcely ever to enter into the consideration of those who are decidedly adverse to it, that in this United Kingdom, you have a population of from three to 5,000,000 of fellow subjects, who have been educated in the Roman Catholic Religion, who profess that faith, and are firmly attached to it, and whom you must consider, for every purpose of government and legislation, as persons to be treated as Roman Catholicks. In Ireland, it must be recollected, that three-fourths of the population of that country is composed of persons of that persuasion, and that it is therefore impossible, to provide for the government of Ireland, or for the happiness of its inhabitants, without advertting constantly to this fact, and giving it that leading consideration which it must always deserve. We are to consider this state of the fact, as it has been since the period of the Reformation, as it is at the present moment, and as it is likely to be, beyond any time to which we can rationally look. It is impossible for any wise man to shut his eyes upon the fact that three-fourths of the people of Ireland are of the Roman Catholic faith, and say, I will provide only for those who profess the established religion, and leave all the rest out of my consideration. I hope no man will be found to maintain such a proposition. If any person should entertain such an opinion, let his eye turn back to the time of the Reformation, and point out, if he can, at what period, since that event, he will not find the state of religion in Ireland, to be nearly the same. And how can he look forward to any means of governing that country, without that feature which has been so strongly marked for more than two centuries?
I will not detain and trouble your lordships with long, tedious, and wearisome details of Catholic history. At the revolution the Catholicks were viewed as connected with those political sentiments which were adverse to the revolution. It was not so much against the religion of the Catholicks that our efforts were then directed, as against those politics then entertained by the professors of the Catholic faith, in favour of the exiled family. I do not mean to condemn, or even to arraign the policy of those times, which depended very much on a variety of important local circumstances: but the situation of those days, is not the situation of this. It is only doing bare justice to one of the greatest of Princes, to one of the best and most enlightened friends of toleration, when I say that it is not on the memory of King William, that a departure from the principles of toleration should be charged. No part of such a system could have obtained the approbation of that illustrious Monarch. In the subsequent reigns, an opinion was maintained that a Roman Catholick must ever be the irreconcilable enemy of Protestant establishments.

and Protestant governments, both in England and Ireland: that no alteration of circumstances, no acquisition of benefits, no lapse of time, could ever extinguish in his heart the implacable seeds of animosity, which the bare profession of his religious faith had implanted there. How incapable such a doctrine must be of support, from fair argument, every thinking man must perceive; it will not bear it for a moment, yet, upon such a principle, the system of conduct towards the Catholics seems to have been founded. The consequence was, to conclude the Irish Catholic from all share in the privileges of his Protestant fellow subjects. Thus all influence was to be taken from him, because it might lead to the possession of power; and all acquisition of property, because it led to influence. Even the favour of toleration was denied him, and the rites of domestic life were forbidden; not even the intermarriage of the King's subjects was allowed, where one of the parties chanced to be a Roman Catholic. In short, the system seemed to have for its object, to drive the whole body of the Roman Catholics out of the island, or to reduce those who remained upon it to a set of wretched, degraded, ignorant, illiterate peasantry: and as a great man once said, 'If the object was a wise and good one, undoubtedly no system was ever better calculated to produce its end.' They were kept poor and inconsiderable: they were persecuted, degraded, and excluded; they were, by every mode, alienated from the constitution; and in proportion as they were alienated, their feelings were exasperated, and their hearts embittered.
I state, my lords, the situation in which his present Majesty found three or four millions of his subjects. What has been done in the course of this reign, and what a striking contrast does it offer to the injustice and impolicy of the former system? By wise and gradual measures, the better perhaps because they have been gradual, you have reversed the whole of the system. It is hardly to be credited, that within the present reign it should have been found necessary to pass an act to enable the King's subjects to intermarry. A full toleration has followed, and the privileges of education, with the repeal of many most odious measures, which were originally passed to correct evils, not by making Catholics good Protestants, but by making them bad members of families. They have likewise received an interest in the land, by affording them a participation in the soil. They are also now allowed to share in the increased benefits of trade: they have gained the elective franchise, and a large share of the executive offices of the country, with the exception of some of the higher, and of seats in the Legislature. All this you have done, and by degrees you have seen the wealth and the resources of Ireland increased greatly. Few countries, if any, have in so short a time, made so rapid a progress in opulence, in commerce, and in what is so important, in civilization. Great encouragement has also been given to agriculture, and in so doing the wealth of the nation has been much augmented. You were not so ignorant as not to know that this amelioration would soon show itself in the lower and in the middle classes of society, and it is no small consolation to know, that you have raised up a middle class of society in that country; a class, that till lately, hardly existed there. As they rose in wealth they naturally increased in attachment to the country, and in that importance which you professed to wish. At last you extended all those British privileges, except those now solicited. You gave them eligibility to offices, with a few exceptions. Here then a stand was made for a time. Not because it was right to say, "here we will take our stand, and go on further," for the system of concession was gradual, and the mode and terms of the concessions never implied that nothing more should ever be granted. It was necessary so to grant, as to make the concessions compatible with that harmony which was desirable on all hands in the case of such large concessions, which were made without unseemingly hesitation and grudging, and in a manner tending to conciliate those to whom the boon was given.
There were considerations of great weight which rendered it doubtful whether we could give all that might be wanted in the Irish Parliament without something, perhaps, very like a convulsion in the country. The popular part of the Irish Legislature did not rise by accident, as in this country, till it became a representation of the various interests of the nation; but a large part of it was expressly framed for the purpose of making the Legislature entirely Protestant, and of excluded three-fourths of the country. Many reasons, indeed, appeared, against endeavouring to adopt this measure in the Irish Parliament; but these reasons, I am happy to say, are now entirely done away, by the salutary operation of the wise arrangement for the distribution of the Representatives of Ireland in the United Parliament: and it should be remembered, that in proportion as you give additional influence to the Catholics of Ireland, now, you give the same to the great body of Protestants throughout the empire. The Union not only removed these difficulties; it did more, which your lordships, I am sure, will bear in mind. It excited ardent hopes in the persons of the Irish Catholics. On this subject I speak from a knowledge of the facts. There was no positive obligation nor unauthorized promise, on the part of the government, in the event of the union, to the Catholics; but it is no less true, that the whole of the arguments and reasoning of those who supported that measure; in and out of doors, went to prove, that this important subject would be better considered here than in the Irish parliament. And one great consideration in favour of the union was, the prospect it held out of a mode of destroying those religious animosities, and that party spirit, which had been the causes of so many great calamities. It was from the nature of the subject itself that the Irish Catholics were justified in their expectation of this measure, at least, this assurance was given them, that the united parliament would undoubtedly receive their petition, and attentively consider the whole circumstances of their case. It is this pledge, my lords, that I now call upon you to redeem. I do not mean at present to propose any particular measure, though I shall not refrain from stating what I think ought in policy and justice to be done: but I ask of your lordships, in candour and fairness, to bear them with patience, and to remember that the diffusion of equal rights and equal privileges, under the same constitution, is the most effectual mode of securing equal affection and equal attachment to the government and the country. The motion I shall submit is, that this house do resolve itself into a committee to consider the petition; which I think cannot be opposed, unless by those who are willing to give a full negative to the whole of the matter under consideration. I must say, that with respect to different parts of the petition, I think it is highly expedient to grant the whole, if you mean to discharge that duty which the union has imposed upon you, and to provide for the real and essential union of all the inhabitants of this kingdom, in bonds of affection and loyalty, and a resolution to defend the king and constitutional interests of the country, against all enemies, external and internal.
This question is, in a certain degree to be placed on the ground of expediency and not of right. When the safety of the whole requires it, it is in the privilege of the whole to provide disabilities. But the question is, whether there is any necessity for the continuance of those restraints on four or five millions of the King's subjects, from the benefits of the constitutions of the country? I might only state, that on the eternal principles of justice, if there be any such necessity apparent, those who would continue these
restraints, ought to show their reasons. If it be our pride and happiness to be judged by equal laws, let those who would limit and curtail that equality, explain the grounds of their restriction. This principle I ventured to state on a former occasion, and though some were inclined to dispute it, they could get on further in their opposition than to deny it: indeed it seems to be impossible for any man, who has the right use of his understanding, to deny its application, in such a constitution as ours. I submit my motion now, stating that no such necessity exists, waiting for an answer, and ready, should it be necessary, to offer my poor thoughts in reply.
But really, my lords, I am ready even to take the proof upon myself. I take the British constitution to be founded on equal laws. It acknowledges some distinctions and privileges, it is true; but where there is a restraint on four millions of persons, there must absolutely appear some manifest and palpable ground of expediency or necessity for its continuance. The Catholics come before you, restrained from seats in Parliament, from various high offices in the state, and in professions, from serving as Sheriffs, and, with some qualifications, from corporations. The question is, what should induce you to retain these restrictions? One reason that I have heard I should be unwilling to impute to any person; but I have heard or read somewhere, that no Catholic can be a good subject. Thus, let me ask your lordships, if this be true, how can they be fit for all that mass of offices for which their eligibility has been accorded to them, with the exception of about thirty? To all military rank below that of Generals; to all revenue offices, except four or five; or to swear allegiance at the table of a court of justice? No man should have agreed to their admission, much less have proposed to admit them into courts of justice, who held such opinions of them. But endeavours have actually been used to persuade the publick, that no Catholic can be a true and loyal subject. I have heard of some old, musty, forgotten, records, from which old doctrines have been picked out, which are drawn forth against the solemn and positive declarations of living men, saying what they profess, and disclaiming what has been objected to them. In fact, saying to the Roman Catholic, 'I know your religion better than yourself. If you deny the prosecution of hereticks, I tell you that your religion enjoins it. If you disclaim the violation of faith with hereticks, I tell you that it is a doctrine of your church. If you say you do not believe in the dispensing power of the Pope, I say you do believe it!'
I should think, my lords, it is enough to take a man's own sense of the obligations of his own religion, and his own tests and declarations on those subjects which have been disputed, and not your opinion on some obsolete opinions which they deny. I know not where persecution is to end, if you try, and condemn, and punish men, not for being guilty, but for opinions which they do not hold. If it be true that you actually discovered by the council of Lateran or of Constance, or by some old decretal or canon, that a Catholic cannot be trusted, it must apply to all modes, and to every view of the future, and lead to a crusade, to drive all those irreconcilable enemies of the protestant government out of the country they inhabit.
How am I to argue the point, that the whole body of the Catholics is not disloyal? By referring to the repeated acts of the Protestant Legislature of Ireland! I know of no mode to exhibit mathematical or strictly logical proofs of the rebellion in Ireland not having been what is termed a Catholic rebellion. There had been two separate rebellions in Ireland before. Look at the acts of Parliament, and you will find that the demeanour of the Catholics is characterized for the loyalty of the body, notwithstanding the convulsed state of the times. Noble lords cannot forget the period of the American war, when the navy of the enemy triumphed in the channel; when Ireland was threatened with invasion; I speak in the hearing of individual witnesses, of those who have been Lords Lieutenants, and Secretaries to Lords Lieutenants. At that critical time the Catholic body was not considered to be disaffected to the Protestant government, but were thought fit to be entrusted with arms for the defence of their country. The next thing I shall notice is what is notorious to every man who has heard of the rebellion, that the conspiracy was framed and carried on by persons naming themselves United Irishmen, a term evidently adopted to comprehend men of all descriptions in religion, an union of sects, and by no means of the Catholic persuasion only. In the course of the insurrection, the principal leaders punished were actually Protestants. The rebellion took its rise in circumstances wholly foreign to religious opinions, and pointed to very different objects; and in the event of its success, the overthrow of Catholic power was as certain as that of Protestant ascendancy. Its object was not merely to overturn the Protestant establishment, but the Monarchy, and to achieve the independence and separation of Ireland from Great-Britain. It has been said, that in some places all the rebels were Catholics; but if nearly all the inhabitants there were Catholic, it is not very surprising that many Catholics should be rebels. But did that rebellion display no instance of Catholics struggling for the Constitution, risking their lives against the enemies of their Sovereign, and manifesting as much bravery as others did in the ranks of rebellion, sharing with Protestants the dangers of the times?
If at present three-fourths of Ireland are better disposed towards you than they have been for many years past, is it not as fair to give them credit, as to throw reflections upon their loyalty? You have the strongest evidence in their favour, in their own solemn repeated disclaimer of all that you object to them; but you have recourse to old-fashioned absurd arguments. "Aye, let them swear what they will, they can recur to the dispensing power of the Pope, in which every Catholic believes!" If that be true, and that four millions of subjects cannot be believed on their oaths, then they are positively disqualified from civil government; and therefore we ought to withhold from them not merely what they now ask, but the partial concessions made to them ought to be retracted; for, I repeat it, in such a situation they are absolutely disqualified by God and nature from the advantages of civil government. But this is not a very happy argument for those who use it, since the very restrictions impose an oath. You say, you think the Catholic dangerous, unless he take the oath of supremacy. What! will he not violate the oath? If he be disposed to violate his oath, what prevents his taking it? I expect to hear it observed, that no Priests have signed the petition I have had the honour to present. But I am authorized to state as a reason for this, that the matter, relating only to civil rights, and not having any relation to any stations the clergy can fill, they thought it more proper to abstain from putting their signatures to it. But they are perfectly willing to join in it; and I am willing and ready to show that the respectable prelates of that Church (for respectable I must call them) have all actually taken the oaths, and believe them to be quite conformable to their Church. They have earnestly exhorted their clergy to do the same, who are ready to take them as willingly as the subscribers.
But if all Catholics have not been traitors, all Catholic Priests, it appears, must now, of necessity, be reckoned traitors, since their Master, the Pope, has taken a journey to Paris, to crown Buonaparte, and by this transaction their allegiance is transferred to France. Mark, my lords, the wonderful force of this species of argument. Really, it is so trifling, that I should have taken no notice of it, were it not attempted to make use of it, to re-
vive heart-burnings and animosities, not only in Ireland, but even here also. As if we had not known enough, in this very town, of the mischief and danger of the absurd cry of "No Popery," bandied about for the purpose of raising a clamour and riot, and creating an insurrection to prevent the legislature from passing an act of substantial justice. But is the Pope really more the enemy of this country now than when the family of the Bourbons were on the throne of France? Is he more hostile to us than when the claims of the Pretender were declared and supported at Rome, and when he resided there? Can any person imagine that the Pope has a more earnest wish to exalt the power of France more at present than in former times? I hope there is no man but views with pity the degraded situation of the Roman Pontiff, in the recent transaction at Paris, and the humiliating circumstances in which he is placed. Circumstances which must, one should think, inspire him with deep mortification, and with disgust at those who imposed them upon him. What inference can be drawn by any reasonable man from the situation of the Pope, but that his influence is diminished, and his power much less to be feared, in every respect, than any preceding Pope? What can be better calculated to destroy his greatness than to represent him in that degrading and dishonourable ceremony? The times have been when Popes supported France with all their might, without producing any dangerous consequences in Ireland. I remember when the last Pope exerted himself to support your government, and just with as much effect as when he opposed it: his weakness in both cases was equal. In the present state of Europe the power of the Pope has no effect whatever in Ireland.
If, my lords, all these allegations were absolutely true, that the Catholic Religion make all men who profess it disloyal, and that the new state of France has thrown the Pope entirely into her hands, then the necessity of striving to counteract that disposition, would demand of us to take such measures as are now proposed. I would say, in that case, that the allies of Buonaparte are not the Catholic Clergy of Ireland; but those who exasperate men's minds, by trying to excite animosities that were gradually composing, and might be settled and tranquillized. But it was said, should your lordships comply with this petition, the consequence shortly must be, the repeal of the Test Act; but without entering at all into the question of such a repeal, whether you may think it advisable, or not, this, at least, I am sure of, that it is advisable to listen to the Catholic Petition. Even though you should think it to continue the disabilities attached to the dissenters, it would be a most unjust, unwarrantable, and unheard of argument, to assert that the Irish Catholics shall not be relieved, because you are unwilling to relieve the dissenters in this country, a body of men, in a situation totally unconnected with them, and even more opposite in their worship than you are. I know not what scale of comparison ought to be instituted to regulate the claims of different bodies of men. I trust your lordships must see the policy and justice of concession to the Catholics. Does not the continuance of the present system tend to perpetuate and increase all the difficulties of which we complain? Admit all the charges against the Catholics, and then what is the course which this country is to pursue with four millions of subjects, inveterate in their hatred of all your establishments? The one is that which was adopted in the reign of Queen Anne, and the other is that which has been pursued with such success in the reign of his present Majesty. On the first system, you must begin by depriving them of their constitutional rights; then of their property, and the means of acquiring property; and lastly, reduce them to the situation of aliens in their own country. You are put between the alternatives of complete exclusion, or the possession of rights with the alienation of privileges. But if the dispositions of a people are bad, the measure of true wisdom is to alter and ameliorate them. If, therefore, you refuse to accede to their requests, you prevent them from forming an attachment to your government; and if you perceive that your present conduct is mistaken; if you find that fails to conciliate to your interests any one of the individuals whom you should wish to have attached to you, why must this country persist in a plan so obnoxious to others and useless to themselves? Your proposition, in that case, amounts to this; we cannot deprive the Roman Catholics of their property, that is placed by the laws beyond the reach of the government; we cannot deprive them of their natural weight in society, and of those franchises and privileges which at present they possess; but we torment the more elevated ranks of their persuasion, by restraining them from attaining the objects of their ambition, and hinder them effectually from rising to the summit of the professions to which they may apply themselves. If this be not the ground on which the enemies of the Catholics proceed, the only argument that is left them seems to me to be this: we are now arrived at that particular conjuncture at which we must come to a stand. Can it ever be prudent or desirable for a Legislature to resolve upon a final cessation in a measure of such a nature as this is? If it ever can be prudent or desirable, it must be under circumstances of a very peculiar kind, and of a very marked, palpable, and evident description.
But are such then the circumstances under which we are now situated? Your former concessions to the Catholics have been wise, just, and fitting; but now you are told that tumult exists among the people, and by way of a remedy for so glaring an evil, you propose to take away all distinction and hope of reward from those to whom the people are accustomed to look up, by whose influence they are directed, and for whose injuries they feel. If you must place restraints upon any, let those restraints be imposed on the persons who may injure you; but never throw obstacles in the path of those who, if you do not impede them, will labour for your good; and who, after all, are the people whom by your present restrictions, you exclude. Three or four Catholic Peers, who not only are not disaffected towards you, but have given repeated proofs of their loyalty, at the hazard of their persons, against the foreign and domestic foes of their Sovereign; these are excluded, even from the possibility of being placed in this house. Does this system afford you any thing like security? Suppose those Catholic Peers in this House, do you think they could succeed in persuading you to abolish the Hierarchy? that they would persuade you to desert the religion in which you have been educated or make war upon the Constitution to which you are attached? I think there is no man who imagines it. Can you be afraid of it? On the contrary, the very circumstance under which they would be introduced, must make them eager, on every occasion, to display how worthy they were of the privilege they had obtained. Go to the House of Commons, you will see that there, too, the mischief is as little to be dreaded. How small would be the number of Catholics elected! and if to take an immoderate calculation, even fifty men, one half of the representation, should, in a long course of years gain, admission, of what possible consequence could be a party of comparatively so little importance? If an evil disposition existed out of Parliament, indeed, you might have danger to apprehend from men of such consequence as some of the Catholics in Ireland. I will appeal to you all, if any mischief has occurred from the mixture of Members professing a different religion from that of the established Church, who have been returned from the kingdom of Scotland? Has any man desired to introduce here the Presbyterian government? If the exclusion then of Catholics from Parliament be groundless, are the other re-
strictions you have thrust upon them more consistent with policy? They are excluded from the Law, from the Army, and from the Navy; an unresolvable stigma is thrown upon them; yet in the course of my life, which has not been a very long one, I have seen all the principal offices of the law filled by men who, there is reason to suppose, had a Presbyterian education; among those were your Lordship's predecessor on the woolsack, a chief justice of the common pleas, a master of the rolls, and the present chief baron of the exchequer. I will venture to say, that when they were appointed to their offices, there was no one who knew or inquired what religion they might happen to profess. I could enumerate, in the same way, persons of the highest distinction in the army and the navy. So vain is the argument made use of by some, that if the Catholic claims should be granted, our King would be a Protestant, and his principal officers in Ireland Papists.
A notion has prevailed, that if one party acquires, another must necessarily lose; but so far is that proposition from being true in domestic politics, that it does not always follow, even between nation and nation, that if one country makes any acquisition by friendly intercourse, another must suffer a loss in proportion: and here by granting to the Catholics what their petition requests, you give what is of little benefit for you to withhold, but what it is of the utmost importance for them to acquire. Does not every student in the law acquire some degree of consequence from your Lordship's elevation and dignity upon the woolsack, and is he not cheered by the hope that it may in future be his lot to arrive at a similar distinction? Or what parent would subject his child to the miseries of a sea-faring life, and the harshness which, as a midshipman, he must suffer, were it not for the prospect of future successes, such as those of the Howes & the Nelsons of our day? In the army the case will be found parallel. Suppose a number of subaltern officers assembled together, can you conceive any thing more humiliating than the situation of any one of them who could be told by the rest, whatever glories or honours he hereafter may obtain, from all those glories, and from all those honours, you must be forever excluded. To you we can never say—
I pedit fatus Grandia laturus fatiare premia. All the subjects of this country are exalted by the consideration, that there is no man who walks the street who may not aspire to the highest ranks of the state.
And must not the Irish Catholics for ever be excluded from all participation in the dearest objects of their hopes and wishes, if those who desire to see to depress them shall have it in their power for ever to say, it is not we who keep you back, it is the law of the country that prevents your aggrandizement? If this must continue the case, small is the hope that we can ever entertain of seeing domestic discord and animosity buried in oblivion. Therefore it is, my Lords, that I repeat to your lordships, that though this concession will be a small one for you to grant, it will be a great one for them to receive; it will remove from them a degrading badge. It will be some consolation to them to reflect, that they have representatives in parliament of the same persuasion with themselves; but if you persist in distrusting the Catholic, is it not natural that they should distrust you? This has been my principal motive for bringing the petition before the notice of your lordships; and I must always, to the more, to the last moment of my life, remember with the liveliest gratitude, the attention your lordships have been pleased to bestow upon me. My object is an union of parties, of facts, of hearts; but I ask you not to grant any thing to me as yet, for I am not prepared to declare what other healing and salutary measures, for many such there are, I would think we ought at present to adopt. Do not let us shut our eyes upon the state of Ireland; but embrace this first opportunity that has been presented to us, of considering the affairs of Ireland in a connected view. This I consider to be a most unexceptionable opportunity. Long have I sought this opportunity to bring forward the petition, and finding that the Catholics began to grow impatient when nothing had been done towards redeeming that pledge which had been formerly given them, I thought it expedient to bring forward the measure at once. It has been said, that this is not a favourable season for presenting that petition to Parliament, but I think this season of all others the most favourable. We have every external motive for union; we are menaced by foreign enemies; we should close our ranks, and present a firm phalanx to the foe. Let us grant this privilege to the Irish, not as an extorted right, but as a free boon. I feel myself highly honoured that the choice of the Irish Catholics has fallen upon me, at so momentous a crisis; and proud shall I be if your lordships shall conceive that I have properly executed the important charge which they have committed to me."
(To be Continued.)
Gazette Marine Memoranda. ARRIVED. Ship Industry, Myers, 62 days from Amsterdam, Ballast, Theoderick Armistead—Passed in the river below Helvoetsluys, brig Mary & Anne, George, of Newburyport, 41 days from Washington.
The ship Sheffield, of this port from Bourdeaux, for Philadelphia, has been on shore at Dunk's Bar, in the Delaware, and got off. The ship Patsey, Bowles, from Norfolk, was spoken the 30th May, in lat. 40, 40, long. 50, 50—had been boarded by an English man-of-war, and several of his men impressed.
AUCTION. Tuesday next, 16th inst. at 11 o'Clock, WILL BE SOLD,
A Handsome LOT, on Smith's Point, lately belonging to the Macwells' estate, and now occupied by Joseph Canby, with a House, Stable, and Kitchen—also, a Horse, Chair, Cart, and Harnesses, and a parcel of Bermuda Stone—The Lot is 106 feet in front, and 330 in depth.—The terms of sale, one half cash, the remainder in 60 and 90 days, for notes with approved indorsers.—Sale on the premises.
Thos. Blanchard.
July 10. 991 TO BE SOLD,
On Wednesday the 17th inst. at 12 o'clock, Before the Exchange Coffee House, SEVEN NEGRO SLAVES.
Three Males, and four Females. The above Negroes are sold under a deed of trust from John Gwyn, for the benefit of George Wilson.
The Trustee.
July 5. 797 FOR PORT GLASGOW,
The fast-sailing British armed Ship LADY NELSON, ROBERT M'ALLISTER, Master, expected to sail by the 1st May, 75 hds. tobacco, and some cotton will be received on freight, if immediate application is made to Robert Maitland, Esq. Co.
Has excellent accommodations for passengers. Apply to the Master on board. June 10. 900
112 Puncheons high proof Grenada RUM, Landing this day on our wharf, from on board the Schooner Thomas.
C. & F. Whittle.
July 8. 408