Star.
London, England, 1804-04-28 00:00:00

LIBERTY OR DEATH!-NATIVY. ARMY.

THE GENERAL 1111 CHIEF TO THE PEOPLE OF HAYTI.
" CITIZENS,
" It is not enough to have expelled from your
country the barbarians who have for two ages Rain-
ed it with blood ; it is not enough to have curbed
the faftions which, fucceeding one another, by turns
(ported with a phantom of liberty which France ex-
pofed to their eyes- It is become neceffary, by a lad
aft of national authority, to enfure for ever the em-'
pire of liberty in a country which has given us birth.
It is neceffary to deprive an inhuman Government,
which has hitherto held our minds in a Rate of the
moll humiliated torpitudc, of every hope of being
enabled again to enflave us. Finally, it is neceffary
to live independent or die. Independence or Death !
Let there tiered words (erste to rally us, let them be
fignals of battle and of our reunion.
Citizen!, Countrymen, I have alrembled on this
folemn day, thofe courageous Chiefs who, on the
eve of ieceiving the laR breath of expiring liberty,
have lavafhed their blood to preferve it. Thefe Ge-
nerals, who have concluded your efforts againfi ty-
ranny, have not ye. done enough. The French name
Mil darkens our plains : esery thing recalls the re-
membrance of the cruelties of that barbarous peo-
ple. Our laws, our cufloms, our cities, every thing
bears the marks of the French. What do lay ! the
French Rill have a footing in our Wand, and you
believe yourfelves free and independent of that Re-
public, which has fought all nations, it is true, but
which never conquered thole who would be free I
What, victims for fourteen years of our credulity and
forbearance ! conquered not by French armies, bdt
by the canting eloquence of the proclamations of
their agents ! When Mall we be wearied with breath.
ing the fame air with them ? What have we in Com-
mon with that bloody-minded people ? Their cruel-
ties compared to our moderation, their colour to
ones, the extenfion of teas which feparate us, our
avenging climate, all plainly tell us they are not oar
brethren ; that they will never become fuch ; and if
they find an afylum among us, they will Rill be the
inftigators of our troubles and of our divifions. Ci-
tizens, men, women, young and old, call round your
eyes on all parts of shit Wand ; feek there your wives,
your huthands, your brothers, your fillers—what do
I fay ? feek your children—your children at the
breaft, what is become of them ? I (budder to tell it
—the prey of ositsre". Inflead of there interefling
vidims, the affrighted eye fees only their aftaffins—
tigers Rill covered with their blood, and whofe terri-
fying
pretence reproaches you for your infenfibility '
and your guilty tardinefs to avenge them—what do
yon wait for to appeafe their manes ? Remember that
you have wifhed your remains to be laid by the fide of
your fathers—tVhen you have driven out tyranny,
will you defcend into their tombs. without having
avenged them ? No, their bones would repulfe yours;
and ye invaluable men, intrepid Generals, who, intim.
fable to private [offerings, have given new life to
liberty, by lavlfbing your blood, know that you have
done nothing if you do not give to the nations a ter-
rible, though jolt example, of the vengeance that
ought to be exercifed, by a people proud of having
recovered its liberty, and zealous of maintaining it.
Let us intimidate thole who might dare to attempt
depriving us of it again :—let us begin with the
French ; let them (budder at approaching our Chores,
if not on account of the cruelties they, have commit-
ted, at leaß at the terrible refolutien we are going to
make,to devote to death wharfoever native of France
fhould foil with his facrilegious footflep this territory
of liberty.
.. We have dared to be free—let us be free by our.
(elves and for ourfelves ; let us imitate the growing
child ; his own weight breaks his leading firings,
which have become acid's and trouhlefome to him
in his walk, What people have fought us? what
people would reap the fruits of our labours? and what
difhonourable abfurdity to conquer to be flares !
.4 Slaw, leave to the French nation this qualifying
epithet, they have conquered to be no longer free—
let us walk on other foot Reps ; let us imitate
ocher people, who, carrying their folicitude into fu-
turity, and dreading to leave to polierity an example
of cowardice,have preferred to be exterminated,rather
than to be crazed from the lift of free people. Let
us, however, take care, lea our fpirit of profelyriiin
ihould deliroy our var rk—let our neighbours breathe
in peace—let them live peaceably under the fhield of
thofe laws which they have framed fur themfelves ;
let us beware of becoming revolutionary fire•brands—
of cresting ourfelves the legiflators of the Antilles—
of conficleinig as a glory the dillurhing the tranquil-
lity cf the neighbouring ill.rnd, ; they have not been,
like the one we ir.ll dirt, Lathed in the itinocetit blood
of their ii:habitants—they have no vengeance to ex •
ereife agairill the a itili• sr ;hat pr °ten.. them ;
never to have experienced the plague that has de.
firoyed as, tics' mall Sl ,th well to our poler,i
Peace w.itir 0111 neighhoirr. ; but ACC,II red be the
Fund' natne—ccrual hicrea to France ; ti.-11 are
our priuciples.
" NatIVCS of liavti—my harpy defiinr re
me to be one day the ceritin.l Wt.., is to goa!,l
idol we now lietifiee to. I irate grow,,
ing for ysj, fume: roes almeit alone ; arid if l have
been happy cnottg'i to deliser to you the fatted
charge confided to me, recoiled it IS for )on at pee,
fent to prefers's- it. In fighting for yeur liberty, I
have laboured for my own happinefs ; liefeire it than
t. cat by laws which infure individual liber-

crrr~

ty, yotLr Ch'iefs whom I have arembled here, and
myfelf, owe you this lilt proof of our devotednefs.
" Generals and other Chiefs, unite with me for the
happinefs of our country : the day is arrived, the day
which is to perpetuate our glory and ostrindepeadence.
" If there exist among you a lukewarm heart, lee
him retire, and thudder to pronounce the oath which
is to unite us. Let us (wear to the whole world, to
pone:4y, to ourfelves, to renounce France for ever,
and to die rather than live under its dominion...4o
fight till the lag breath for the independence of our
country.
" And ye, people too long unfortunate, witnefs
the oath we now pronounce : reeolle& that it is upon
your conftancy and courage that I depended when I
firft entered the career of liberty to• fight defpotifm
and tyranny, againit which you have been ftruggling
thefe loft fourteen years ; remember that I have face.
Seed every thing to fly to your defence—parents,
children, fortune, and am now only rich in your liber-
ty. That my name has become a horror to all people,
the friends of flavery and defpots, and tyrants, only
pronounce it, curling the day that gave me birth; and
if ever you refufe or receive in murmuring the laws,
which the protetling angel that watches over your
deftinies (hall dictate to me for your happinefs, you
will merit the fate of an ungrateful people. But far
from me this frightful idea : you will be the guar-
dians of the liberty you cherith, the fupport of the
Chief who commands you.
" Swear then to live free and independent, and to
prefer death to every thing that would lead to re-
place you under the yoke; fwcar then to purfue
everlailing traitors, and the enemies of your inde-
pendence. (Signed) " J. oissatloar."
Head-quarters, Gonave*, zit Jan. 18049
aft Year of Independence."

PARLIAMENTARY PROCEEDINGS.

HOUSE OF LORDS, WEDNESDAY, APRIL 15.

APPEAL CAVSI.-...RICHAIDSOIiS V. THI TJAITWITIIS

OF OXFORD AND CAMDRIDCR.

Mr. ERSKINE began by raying, it was with the
utnioft diffidence he undertook to addrefs their Lord.
(hips : the cafe, however, was one of loch importance
(no kfs than that of preferving, or taking away that
freedom of trade and intercourfe to which all parts
of his Majelly's (objets are fo juftly entitled) that
he would do all in his power to give their Lordfhips
a clear view of i:s peculiar circumitances. He then
proceeded to fay, .. I will now, my Lords, read to
your Lordfhips the two firagrants, orlicences, which
are thole granted to the Univerfity of Cambridge,
the firft of which is in the 26th year of Henry VIII.
the fecond in the 3d year of Charles I. in neither of
which, my Lords, can be found the word cxcluive ;
they merely go the length of impowering the Uni-
verfity to print and publifh all manner of books ;
and here it will be proper to advert to the circum-
fiances attending his Majefty's prerogative at that
remote period. My Lords, your Lordfhips will be
pleafed to bear in mind, that at the period we are
now alluding to, the King had an uncontroulable
power over printing. There were in force at that
time certain Alts of Parliament, known by the name
of Licenfing Ass, empowering his Majefty to pre.
vent the publifhing all books that had not his previ•
ous approbation, or that of thofe perfons to whomhe
had delegated his authority. The Stationers Com-
pany had this power granted to them, fo that no
perfon could then publi(h any work without their
previous fanaion ; indeed, fo great was the power
vetted in that Company, that they had the right of
(inching for works fo printed and publifhed without
their authority and connivance. It was this power,
my Lords, and it is important your Lordfhips (hould
keep this conftantly in view, that induced his Majef.
ty to make thefe grants to the Univerfity. He was
induced to do this from a with to do all in his
power to encourage the art of printing in his do-
minions; to further which great objetl, it was
thought advifable Tome perfon Ihould be held harm.
let's againft the power veiled in the Stationers Com.
parry, and his Majefty thought he could not better
place loch an exception than in the hands of his Uni.
verfity. -For this purport, and this alone, my Lords,
were there powers granted, and not that they might
interrupt or exclude others ; that power being al.
ready given to the Stationers Company, which by
the Licenfing A.& being fuffered, by Parliament, to
expire in 1692, the Stationers Company, and all
other perfons (had any one at that time had fuch
power delegated to them) 1011, of neceffity, the right
to prevent any perfon whatever. The expiration of
there /lets has fo narrowed and reduced the original
grant, that had they criginally potrefted the exclu-
rive privilege now contended for (which they certain.
tainly never did potters), yet theexpiration of there acts
would alone divert them of all right of interference.
Indeed, their expiration has completely deprived his
Majefty of the power to grant there extentive cults.
lions which the Stationers Company formerly enjoy.
ed. There are, my Lords, more than one care
which has been referred to as making agaitill the right
I am contending for, hut, which, lam confident, will,
when properly confidered, be found decidedly in con-
firmation of it ; notwithflanding which confidenceony
Lords, I had much rather no cafes whatever could be
referred to, as I would greatly prefer relying up-
on the enlightened judgment of your Lordfhips,
than in a queftion of fuch importance have the
right decided even in my favour by precedents of
any kind. I always deprecate the accompanying
cafes for the opinion of Countel, with any reference
to cafes already decided. It is my firm opinion that
every cafe for an opinion ought to come free and
unlettered, as I am aware that it is impollibie not
to feel a bias, that kind of leaning, of which the
mind cannot dwell itfe:l, of inclining in a degtee to
the opinions that enlightened men have before pro
tailgated. My Lords, I will not take up more than
necctfiry of your Lordfhips valuable time—l will
Ira read the firft grant or licence to the Univerfity
of Oxford, bccaufc it is nearly in the fame words as
thole t 3 the University of Cambridge, which your
Lot dthias have already heard. I will proceed to the
Lc.aid grant, in which, my Lords, thei c is a truly
remarkable difference. I mull hite entreat your
La: Janos' particular atteution, as it is impoi tant to the
lull de.ifion of the gneftiun, that his Majedy's real
intention, in thele gr tins, fhouid be clearly under.
amid. This grant, my Lords, after having pro
feeder' exafily in the fame words as the former
grant, goes on to (late that fir loch works as there
le•tued bodies than print or publilL, taktaa out of

their aroxi libraries, steer /epee pußiArd. they %all
have as .excieve privilege of printing, publifhing.
and tale for a t years s and, for fuch works as the
Univerfity may themfelves write or produce, or which
tome Members thereof may write or produce, a
further exclufix privilege of printing, publifhing. and
tale for ten years more," fb that your Lordfhips will
obferve that it appears his Majefty teems to have had
a clear view of what he was about to bellow, as
when he means to grant a licence only, lie ufes the
word Licence; and when an eiclufive right is given,
the word Exclufron is carefully introduced. Indeed,
my Lords, if from the words, Licence to print and
publifb all manner of Books, a right to exclude all
others from printing or publifbing fuch Works as
they might take in hand can poffibly be inferred,
they may, when they fo pleafe, become the only
Bookfellers, which I think it would not be contended
his Majefty could ever intend they fhould be : for,
certainly, my Lords, if his Majefly fags, for fuch
works as you fhall yourfelves write, you (hall have
no more than 3; years, it can hardly be contended
that for the mere copying a work correfily, in ;king
which no genius or extraordinary talent is neceffary,
he intended to give more extenfive powers; it is irn•
pollible fach a belief can be entertained for a mo•
ment ; the idea is abfurdity itfelf. When the
moll important work this Univerlity have ever pro-
duced, if it has been publifbed 31 years, can be re
printed and fold by any body, without let or hin-
drance ; can it be fuppofed they have the power to
prevent thefe from felling Bibles, who derive their
authority direly from his Majefly, which is the
cafe with my clients in the prefent cafe My Lords,
I will now draw your attention to a cafe between
the Stationers Company and Carnan, on the right
of printing Almanacks—the cafe, my Lords, ail
milates to clofely to the one now before your Lord-
thips, that I muff requell your Lordfhips' particular
attention to it. My Lords, the Stationers Company
had an ancient licence to print, under which they
claimed the exclufive privilege of printing Alma-
nicks in the fame manner as the Univerfities now
contend for the exclulive right of printing Bibles,
both being mere licences only ; and notwithllanding,
my Lords, that in a cafe againft one Seymour, in
the reign of Charles 11. they had a verdift in their
favour; and afterwards in another cafe, had an in•
juntlion granted againft a perfon: who had prefumed
to print Almanacks ; notwithflanding all thefe
cir-
cumflances fo favourable to their view of the cafe,
Mr. Carnan infifled they had not fuch a right, and
immediately printed Almanacks in oppcfition to the
Sta:ioners Company. A motion was made in the
Court of Chancery for an injunCtion to reftrain Car-
nan from printing Almanacks, but which the Lord
Chancellor ordered to be taken into the Court of
King's Bench, both parties to admit they had printed
and fold Almanacks. When there, my Lord Chief
Juftice put the right into the form of a fpecial cafe, on
which the Judges gave an unanimous decifion, that
the Stationers Company had no fuch exclufive right,
fince which period every body has printed Almanacks
with impunity. Yet, further, my Lords, after the una-
nimous decilion of the Judges, the Earl of Guildford
(who at that time held as well the fituation of Chan-
cellor of the Univerfity as that of Chancellor of the
Exchequer ), brought into Parliament a Bill to reftore
chore privileges the late decifion had complerely done
away, and though far be it from me to impute any
thing improper to that Noble Lord, yet, my Lords,
when it is confidered, that notwithflanding his great
talents, and recommendation of the Bill, It was, on
a ferond reading, thrown out by a confiderable ma.
jority, I trull I am warranted in faying the Legifla-
Rae thought it improper fuch extenfive power
fhould be bellowed on any perfoos whatever
My Lords, this is a cafe fo applicable to the one
berme your Lordfhips, that I troll it will go the
length of proving the Univerfities have no right to
interfere with any perfon legally authorifed. My
Lords, the authority of the Univerfities is nothing
more than a mere licence. I have a licence to fell
ale. Some perfon regaiellefs of the confequence,
prcfumes to fell ale in oppofition to me without a
licence ; and though I an, greatly injured by his un-
licenfed dealings in ale, I cannot bring an action
againft the man for damages fuflained by me—all I
can do is to inform againft him for not having taken
out a licence, and recover a fpecific penalty. Suffer
me, my Lords, to put the cafe fo ably put by my
friend, Mr. Plomer, as to his Majelty's appointment
of a perfon to be his Pole Printer in the county of
Surrey, and another for the fame purpofe in Eftex,
can it be for a moment believed that his Majelty's
fubjeCts in Eifel, may not legally purchale thole
books (fhould they prefer fo to do), printed by his
Majelty's Printer in Surrey? On the contrary, I know,
my Lords, you will fay the thing is abfurd to think
of; but, my Lords, it maters not whether the
boundary be that of the Tweed or that imaginary
one bounding the county of Surrey. The works,
when once legally produced, (and that thole fold by
my clients, and printed by his Majelty's Printer in
Scotland, are fo produced in Scotland, is admitted
by all parties), are as completely, and to all intents
and purpofes, as much an article of trade and com-
merce, as a yard of muffin at Paifley, or any other
article legally made in ncotland : and I do contend,
my Lords, that by the 4th article of the Union be-
, twccn England and Scotland, in which it is provided
that all articles of trade or mantifaCture fhall from
thtneetm th la: reciprocally imported into either coun-
try; and that if any doubt 111411 wife en the true
meaning of this article, it is to he underllood that it
than he uniformly inter c:cd in favour of Scotland.'
My clients and all his Majtay's lubjeas have an un-
doubted right to purchase from Scotland any article
brit legally made or produced there, Bibles as well
as any other article: the only point on which a
quellion can arife, being, whether the article in LEl-
pate is titlt legally produced? My Lords, I have
now only to contend, that the Univerlit:os have no
bulinels in this Houle—they are coming to yonr
Lordlhips to claim a legal tight (as they c-mend),
from an equitable jurifdiaion ; but, my Lords, whctc
there is a legal right in any peilon, there is alto a
legal remedy, and I call i.n the iluivcrlitics, or any
perf in in their behalf, to brew me the form in which
A declaration could be made. It is impollible, my
Lords; they have nothing more than a licence to do
the thing themfelves, without the (mallet' title of
tight to exclude others, and my clients having fold
the Books his t•lajelly's Printer has lawfully printed,
is only a legal exercife of their right as Freemen of
London, and as Partners io Trade. Look, my Lords,

at die King's Printer's Patent in London; in it lie has
a right to print and publifh Bibles, Common Prayers.
/Cc. without any prohibition to prevent his fending them
into Scotland ; to which place his Majefty's Printers
in London, as well as the Univer lities, have always,
and to this day, do fend there books. Is it realonablo
to fuppofe. his Majetly meant to give one fort of
power to his Printer in England, and another fort of
power to his Printer in Scotland? No, my Lords,
the thought cannot be admitted for a moment ;
their powers are undoubtedly equal, and the books
they each of them print and pubiifli can, beyond all
doubt, be legally bnught by his Nlajelty's fubjeEts in
all parts of his dominions. My Lords, a great deal
has been faid in the courfe of the proceedings in this
caufe, about the particular Seal under which the
King's Printer's Patent is granted, and your Lord-
fhips have more than once adverted to that fubjetl.
It is, my Lords, with the greatell deference that I
prefume to attempt, even at appearing to inform
you Lordthips, who are fo much more able to decide
on inch a point, but 1 prefume your Lordthips have
not feen it in the view I would with to prefent it to
your mind. Suppofe, my Lords, his Majesty fhould
grazioufiy think proper to bellow on me (being re-
fident in Scotland) the right t o print all manner of
books, and fhould exprefsly introduce a claufe, im-
powering me to fell in all parts of his dominions, as
well England as elfewhere ; under what Seal, my
Lords, mull that grant be made? Certainly under
that of Scotland, becaufe the perfon to whom it was
to be made was a refident in Scotland ; but it would
not be lets efficacious becaufe granted under the
Seal of Scotland—that Seal having been appointed
by the Union as the means only of making grants, to
relidents in Scotland, legal inftruments. and not at
all affedlieg. or having any allufion to the particular
fpot where articles to be fold under filch grant might
be carried. And now, my Lords, viewing all that
I have now laid before you, taking into your confi-
deration in the firft place. the circumftances of his
Majefty's prerogative, when the grants to the Univer-
fides were made, conlidering that by the expiration
of the Licenfing Ads, his Majesty's right to grant
fuch powers is now extremely narrowed and confut-
ed, and confequently all the grants made while there
AEU were in force, are either wholly done away, or
fo narrowed as to preclude the pollibility of a slain
like that now contended for s taking into your view
the circumftance, that in all the grants but one, the
word exclufion has been carefully EXCLUDID, and in
that one it is only introduced fur the purpofe of
granting a power over certain articles for 3 t years,
thereby proving, that when a licence only was meant,
that word was always introduced, and that when ex-
clufive powers were to be bellowed, the terms De-
r celTary to grant that power were as fully infested ;
that the Great Seal of Scotland does not in any way
affect the right of Sale, or narrow in the (=llea de-
Free the right of his Majefty's fubjeas to purchafe
in all parts of his dominions ;that in the King's
1 Printer's Patent, no preventing claufe is introduced
to difable him from fending his articles into Scotland.
and that in confequence it cannot be expected his
Majelly did not mean to give both his Printers equal
powers; the confcinufnels of the Univerfities of their
i own want of legal means, even to make the claim they
are now endeavouring to eflablifh, but through the
King's Printer's Patent, with whom they claim a
concurrent right, and whom they chearfully allow
to neglect what they have themfelves told you is his
duty, as long as it is beneficial to themfelves. Seeing,
my Lords, that every thing they claim under, is
1 againft them, that they could not legally bring any
3Elion in a Court of Juftice in this cafe ; when all
thefe circumstances are considered, and when, in ad-
-1 .
dation to them all, it be remembered. that Parlia-
ment abfolutely refuted to grant fuch power as the
Univerfities are now mulling on, I trult, my Lords,
that I (hall have made it appear his Majefty's fub-
jeCts may all purchafe, in any part of his dominions,
Bibles and Prayer Books, firft legally printed under
his Majefty's authority, without regard to the parti.
cular (pot in which they are printed."

FRIDAY. •PRIL 27.

Counfel were farther bcard to the appeal, Hunter a,. the Ferri
of Kinnoul.

The Elitht Millions Exchequer Bills Bill, Million and a Half
Exchequer Bills Bill, English Militia Bill, Irifh Militia Bill, Mi-
litia Pay Bill, Militia Officers Bill, Militia Adjutants Bill, and
three private Bills, wcre received from the Commons, and read
a hat time_

- -- ----- -
The Earl of Peterborough took the oaths and his feat.—Ad.
jourool.