v--..
. wr-
FRANCE‘ AN _,_-
The ftiliowirig most... user sonipor, tine
eerenionies and titijoiciiige iv-hicli lntlkgplace
fut Port au Prince on tilt} boli_clI_i__si‘db '(_’9f'lh'e
' ~f3.‘reat.y with France are fr,_a Htlytteh P3P9f-
,\ ,_ ' Paar "At: Pititv'ct:,‘Jtily l7_._
V 0511,; '1‘1'm at day-break,_the weather being
appeared to be as the forertiiiners and the sig-
nai for the 'tir‘i‘x‘i“g ot salutes that was about to
lake place l5et'we'e‘n the Fren‘cli’tie'et"and the
'la‘i'id ‘and ‘sea i'o‘r'ti'eZssles wliieb surrotind the
capital ‘or the Republic ': , it scented as lftlie
‘Supreme Being himself had ‘order'e'd.tliat ‘sig-
nal.———-Early in the lll'?(l’jllll'g, agreeably to
notice, tli‘eV'civil and military atitii0r_itie‘s met
‘on 't he sea ‘slfilore, tlvhere they re‘cei've'd the Ba-
ron do Mt'ictt'z'iti, bearer" of the royal Ujdon—
_:'i‘ai'i"ce by wiiilch his M. C. M. Clrarles X. 'i'i'c-
kiiowletlges fully and -abseliitcly t'h'c._iiitlep'eh‘-
‘deuce ofthe Republic of Hziyti. The B'zir‘oii
— _tle Mackau, with Rear Adhiirals Jurien ‘a'n‘d
Grivel on each side, preceded by the oflicers
‘of the French sipiadroii, and at,tlie sottrid of
martial inusic, proceeded to the S'eliate,wh'ere
the examination and arlinissiori of the act of
recoguitioii took place. Baron de Mackan
having taken the seat assigned to him, ad-
dressed the S'euat"e in the following words :'
ll‘ Geiitfeiiielt 'qf'tlli.‘e Senate .‘
' "‘ The King has commanded me to come
tdvvarils you‘ and to offer you in his iiaiile the
most generous compact of wliicli the present
era offers an example. Yoirwill find in il-
Gentlemen, the prooftliat his Majesty has not
less been bent_ upon the precarious state of
the 1-laytieus, than upon the interests of his
own subjects. , . ..
No doubt, Gentlemen, the high virtues of
your wortliy President, and the interest of a
I’rin‘ce wh'o is at the same time the pride of
.-his father and ofFraiicé, have influenced the
determiiiritiou of his Majesty ; but it was e-‘
iiouglt that some good was to be done to men
united together, for the heart of Charles X.
to be lively interested. ‘
God will bless, gentlemen, this sincere and
great reconciliation, and will pertnitthat it
shall serve as an example to other states still
torn by evils shocking to liiiniaiiity.
“ We may, theicfore, be permitted to hope,
that in the New‘as \vell_ as in the Old world.
'we’shall find all hearts open to Iliat love which
, our Fathers beqiieatlied to its, and which our
" most distant posterity inherited for that an-
gust House of France, which, aftergeffecting
the iiappiness of our own country, wished to
promote that of this great state.” -
To tliisaddress, the President of the Sen-
ate, M. Gayol, made the following reply:
“ all. Le Baron c _ -
“ we receive “till vcneration, the moon-
tiance ofhis Most Christian Majesty,by which
the recogtiitioii ofthe independence of Hayti
is formally declared, and which you have been
iiitrusted to present to us.
“It belonged to one ofthe descendants of
the noble and ancient race ofthe Bourboiis to
put the seal to the great work of our regener-
ation, after so many fatal and cruel calami-
ties. Charles X. justly styled Most Christian
. King, iias_at length acknowledged the right
acquired by the Haytian people, and calls this
young nation to rank among the ancient na-
tions. ~Priii.-.c be given to tiic Eternal.
“Glory be to the August Moiiarcli, who
distlaining the laurels which would be stained
with blood, has preferred to gird his iuajesty’s
brow with the olive ofpeace. , 4
Let us congratulate M. Le Baron de Mac-
kan for having so worthily fulfilled his iioiior-
able Missioii :‘ The name of his Sovereign,
that of the Dauphin of France, and his own,
shall be inscribed in indelible traits in the re-
cords of Hayti.” _ -
French West India Fleet.—'l‘lie following
is conitiiunicaied by an officer ofrank in our
. “res, India Squadron. It -puts to rest the
I surmise of a cession oftlie.Island of Cuba to
_ I<‘rance,to which the visit.of so large a French
naval force to Havana had given rise.
[.-V'or_fal1r. Herald.
“ U. S. Sure CONSTELLATIUN,
“ Of Havana, July 925, 1825. E
‘‘ The French -fleet which arrived» yester-
day is from St-. Domingo-—-they have recogiii-
zed the independence of~Hay'.i, and are to re
ceive 30 millions as a douceur for the emi-
. grants, one fifth of which sum is Ot'l~b0iltd.--
They have no troops, and do not appear to
‘ . have any object in view by their arrival here,
at least none has been'ascertained—-tliey had
the Boyd] penmssion to passthe Moro. Two
741,, 7 frigates, 2 brigs, under the coimiiand
. ol'_two Rear Admirals.” .
, By an arrival at New-York it is understood
that the French fleet has sailed from Havana
. for Nor_folk.
Portugal and Brazil.--The London papers
- mention the following as the conditions which
Sir‘C. Smart is instructed to propose to the
empire ofBr:izil, for :1 reconciliation witii the
mother country : .
Portugal and Brazil shall be, as heretofore,
under the dominion ofJohii VI. and his legit-
imaie descendants. These two braiiclies of
the Portu'gne,,~e M ) narchy shall be inrlissolii-
bly united, but each with an independent ad-
' znilinistration, and with institutions and laws
3,,‘-‘,|‘.cable, respectively to» each goveriiment.
‘ The title of His Most Faithful Majesty to‘be,
King orPottugal and the Algarves, and hot-
peror ofBrazil. The Prince Dou_Pedro, as
associate of the Governnient Ot:t‘l‘ie.El_ll|Jll8,
to bear.tlie title during the llr? °l “'5 lame’:
ofEmperor Regent of Brazil. The Sove-
reigns niay reside either in Portugal in
Brazil, as circtiinstances may requu‘9- Ill‘-ll
part of the Empire in which the sovereign
shall not reside,‘ shall be governed ll)’ We he’
veditary Prince or Princes under the title of
' Beg-ent. Political treaties shall apply 10. and
bind both countries. but each may make sep-
_ arate treaties of commerce. The Regent of
the country in which the Sovereign may not
reside shall nominate the officers of Govern-
ment. Commercial regulations shall be as
,,,[,i;,;,ed between Portugal and Brazil, to the
"thtitual ‘advantaged of both countries. The
public debt, expenses ofthe marine, war,und
[the royal household, shall be borne bl‘ l’°ll'
" ' countries, which shall l‘eClpi'0l:dll}" receive
coiiiinissiriiiers fioin each. other. Natural
born subjects of both countries shall be (l€'8‘ll]-
ed eligible to diplomatic 8|nplt,l_)’.lll‘?‘lllS.. I he
laws of both countries shall origiiia_'e .W}l_lt the
Sovereign ;'nevertiieless,'utider c1rCulltSl‘rm-
ces ofgrcat exigency, the Regent. Inlay 61186!
laws, which shall, however, be obligatory only
. ’f6'r~l'(.5nl't,yle‘i,'r,;"tili”ilesii ,Sl.t1'lit‘equeiitllAy, eonfirtnetl l
’ permitted to reside in Brazil, and ‘the natives
/
by the S.0.vereig'ri. Tire titles granted in Bra-
zil duringtiie time in livhich the laws ofthe
iiiother country were not recognized, shall be
confirmed. ,The,n'atives'cf_Portiigal shall be
of Brazil shall be at liberty to reside either in
Portugal ‘or Brazil, freely, and without mo-
lestatioh.
T756 Wfir in _‘ln'di'¢‘z.‘-A letter from an offi-
cer in the E. India Coinpaoy’§ service, an-
iiotiii'c’eir the captti'r'é of the King and Queen
of Ava,'with iniiiieil_'se ti"eastire,lii a fort where
th_ey_ hail ‘taken refuge. The iiative troops
suffered great loss. Thlé wrii’ér_s share ofthe
pritse ‘money, as lieutenant, is £18,000.
Tiiund-ition at Sci-2:htpore.—Destrizction of
the Mission Hou‘éc'.‘-“--Iii t8i9. the extensive
printingestablisliinetit ofthe Baptist Mission-
aries at Serampore, valued at more than
350,006, was destroyed by fire. It is now our
painftil ditty to announce that the sanie mis-
sion has sustained a new calamity, of proba-
bly far greater extent, in consetjiieiicev of the
ravages oftihotlier element. ,Fro’m the Eng-
lish papers‘ received by the late arrivals it ap-
pears that accounts have reached London of
an tinexampled rise iii the Ganges, which has
been attended_witll,tlie most destructive con-
sequences. V ne or the missioiiaries at Ser-
aiii‘po're i'vi'ite's that the watersofthe River
stirept away, in that place and its vicinity,
several hundred houses, and drowned souie
thousands ofthe inliabitants. The large Bap-
tist Mission House, in which were all the
printing presses, was nearly destroyed, altlio’
some part ofthe paper and types was saved, as
were all the .iiianiiscripts. The large new
college wasnot injured, having been built on
higher ground. The venerable missionary,
Dr. Carey, was in the niissionury house at the
time, (in a convalescent state after a fever,)
and as the waters advanced, he,was with dif-
ficulty removed ; soon after which the walls
fell, and all was desolation. It is supposed
thatall the towns and villages on the river
have been similarly affected, but we innst
wait till the next arrivals for further particu-
lars.-JV. Y. _Obs.
. FROM FRANCE.—-By the Cadinus, at.
at N.York, Paris papers to the 80th and Lon-
don papers to the '£9Ih June, are received.
The Hon. Rufus King, otir Minister to the
Court of St. James, arrived at Liverpool on
the 26th ofJune. On his passage out he suf-
fered much from sea-sickness.
. The bill-to reduce the duty on newspapers
in England has received the king’s assent.
Lord Cochrane arrived in England on the
27th June in the Brazilian frigate Peranga,
and was immediately w:tite'd upoti by many
naval and military officers. The crew-of his
frigate are mostly English seamen.
A Paris paper says disturbances have bro-
ken out at Madrid, the Ministers of War and
Justice have been removed, and agitation ex-
ists among the royalist volunteers.
So great is the apprehension at Lloyds’ re-
latve to the visits of Coloinbizin privateers on
the coast ofSpain and Portugal, that the pre-
mium on Spanish property has risen to 20
per cent.
It is said that notwitlistandiiig the splendid
successes of the Greeks Nuvarino has capito-
lated to the Turks, but without their fleet it
can be of no service to tlietn.
Success or'ru,i: Gitt~:i:xs.—-'l‘lie following
letters confirm the former reports ofthe ro-
ceut glorious triuinplis of the brave Greeks o-
ver their enemies. . .
Extract qfa letter from Corfu, dated May 25.
Our affairs ofGrcece go on well. At Nu-
varino, they have burned nearly the whole
'of the Egyptian fleet. Before this took place,
the Greeks in the fortress were much reduced,
and were on the point of cupitulating ; but
whilst they were in that terrible positioii,Cun-
diiriottis arrived with a considerable force,
and a terrible battle took place, the like of
which has never happened in Greece. The
battle was general the same day by sea and
land. The engagements,’ which have hap-
pened near Messolonghi, have all termiiiated
in favour ofthe Greeks, who took many of
the enemy’s officers prisoners, and conducted
tlieui to Messolonghi. lVe consider this news
as true, and to be depended upon.
Extract if another letter from Corfu, of the
some date_.__u The affairs at'Navariiio were
in a very dangerous position, but all has ter-
minated gloriously. Tlic immortal Miaulis,
after having done wonders off Candia and
Cerigo, returned to Motion, where he co op-
erated with the brave’ Cauaiis, as well in the
first, as in the second naval engagement.-
Tliey burned and sunk -several vessels, and
not a few were taken laderiwitli pruvisi0iis.—
After the second engagement they btirned the
vessels mentioned ititlie bulletin of Miaulis;
but, during the couflagratioii, a division stic-
ceeded in detaciiiiig itselffroiii the Egyptian
fleet, and wentto Navariuo, where it took
possession ofa small islet (Spliacteria,) and
zifterwardsthey gained the position called Old
Navarino, and they tiieii blockaded so closely
tliefortress of Navariiio itself, that it was o
bliged to enter into a treaty of czipitulation
with Ibrahim Paclia. The day before yes-
terday, there arrived iiere an English corvette
from Navarino, and at the same time several
vessels from other places, and all ofthein con-
cur iu saying, that on the 6th and 8th May,
N. S. when the conditions of the capitulation
had been agreed on, and the Paclia had been
invited to enter the fortress, having some fear
on account of its being in the evening, he de-
ferred taking possession of it till the uiorrow.
By the Providence of God the Greeks saw
from afar, that the flag of the fortress was
struck, and they assembled together the same
eveniug,to the nuinbcr ofl6,000 uicii, min
were happily assisted by the arrival,precisely
at that iiiouient, of Miaulis, with :15 vessels
Ol ‘WU’: and live fire ships, wlio_ eiiteredinto
the port and sent those fil"¢*5lll[)S against the
enumy’s squadron ; a part took fire, and the
combat became general, both by sea and land.
‘Victory declared’ in favour ofthe Greeks, al-
though,it is said, the carnage was, on both
sides, terrible. The rage of the conibatants
iv-.is so.gre‘at‘tliat they threw away their fire.
arms, and fell oti each other sword in hand.
We have not as yet tiie’precise details of this
dreadful affair, but we" are informed that the
victoijiuus party suffered also considerably.-
We are consoled by their having obtained a
tritinipli,aiid saved Nzivariiio} The news fr.
Eiistern and Western Greece is iiiglily favor-
._ It
_ In an ofiicizil bulletin the Greek Admiral’
‘Miaulisstaies that the division ofthe Greek
fleet under his command on the 191“ Of May
entered the ‘gulf of Mcdon, where 20 of the
'enemy’s.‘vessel were anchored under the can-
non of the fortress.” On this squadron the in-
trepid Greeks ilLv’ow'tiiemselvcs with six fire-
ships, and slice ' _ed in burning 9 frigates, 3.
convenes, 5 mi 3 or war anda nt_i_tnber of
transports. “ Tlle,DlVllte Providence,” adds
the Bullettin, “ aided us still flltllleft and ,bT0’l
about the entire destruction of the e_neiny.--
The fire proiliitied by this conflagration coin-
inunicated to the fortress,anCl the 10W" Of M0-
don, for five hotirs-, appeared‘ one volume of
flames, and then we heard one of the most
terrible-eitplosions which‘ ever took place.-
This leads its to suppose-that the powder mag-
aiiues took fire, and, in that case, every one,
and every thingthere iiitlst have perished.”
I.\"'t"t:it‘es'1'iivo PROM Mexico.-—Mexican
papers have been received in Baltimore to the
first 'ofJuly. The most interesting article
t‘vhi'cl'i they contain relates to the voluntary
s‘ui-render oftiie Spanish 74 gun ship Asia and
the brig of war Coustante tothe Mexican go-
vernineiit. The history of this affair is sitti-
ply this: After the defeat ofthe Spanish roy-
alists in Peru, by Bolivar, in December last,
‘several vessels belonging to the Spanish navy
(and among others the Asia, the Constante,
and the corvette Geriiitou) which were not in-
cluded in the capitulation at Ayac-IICll0. left
Callao with some oftiie officers and Soldiers
oftiie defeated army for Manilla. On their
way they stopped at the island of Guajan to
take in water and refresh their crews. Here
the crew oftlie'Asia mutiriied, put their ofii-
cers on shore, btirnt the corvette Gariuton,
and taking the Constante in compatlyi Steel‘-
ed_ for Monterey in Czililoruia, wliere they ar-
rived on the‘S28tli,ofApril, and entering into
a capitulation with the governor ofth:-t place
voluntarily surrendered themselves to the
control of the Mexican government. The
governor immediately sent both vessels under
the charge ofone ofhis ofiicers to Acapulco.
There were on board the Asia and Constante
at the time oftlieir surrender, besides the non-
commissioned officers ofthe two ships, I08
mariners, 38 gunners and -271 seamen. The
Asia will make .q_uite a valuable, addition to
the navy of the Mexicans, and with the aid of
a few Colombian frigates, may enable them
to capture the celebrated fortress of St. Juan
d’U|loa, which is now the only strongliold of
the Spaniards in N.America.--JV.Y.0lIb‘B.“ver-
Gale at St. Thomas.-—-We learn by a Saint
Thomas paper ofthe 27th tilt. that a violent
gale from ilie eastward was experienced there
on the 26th, which lasted till next morning.
Two brigs,7or 8 scliooners, and the like
number of sloops, besides a number of small
craft were driven ashore. The sclir. Harriet,
of Pliilzidelpliia, was the only American ves-
get damaged. and she, with most of the others
will probably be lost. The wharves were
much injured, and a number offences blown
down.—.~l]t-rc. ./Idv.
[This gale extended its ravages from Guit-
daloup:-. to Bairbadoes. One town in Guada-
loiipe was entirely blown down, all the gov-
ernment liouscs destroyed, and eight him-
dredpersons perished. At St. Pierres three
American vessels were lost. Several Amer-
ican and French vessels were lost'at Point
Petre. At Itosseaux all the vessels were lost.]
HAYTI.—It is a well known fact, that a
large sum ofnioiiey has been appropriated for
many years, and now li'es useless in a vault
for the payment ofthe balance ofclaims which
American citizens hold for losses of property
in their transactions with Ilayti. The Hay-
tien government has repeatedly acknowledg-
edtliat a lzinze balance is dtie to the American
citizens btit that they could not and would ting
pay it tiiitil the amount was settled by a con
veiition to be adjusted by commissioners of
the twonatioiis, duly accredited as such, pre-
vious to the Negociation. Many of these
claims are held by Bostoriians and Baltimore-
aiis who have been kept out of their dues for
m:in_v years because their nation have deemed
it iiiezyiedienf to acknowledge a nation of a
litt'c darker complexion than some of their
constittients, lest it might give offence to the
Gentlemen ofthe South : when, at the same
time, tliev have acknowledged, that IIa_yli
had conquered her independence; had main-
tained it nnarly a quarter ofa century, and
had established :1 Governmeiit of “ Laws and
not _of.VIen,” founded on a republican basis.
' [Boston Ccnfinel.
We learn that Mr. List, formerly a member
ofthe Chamber of Deputies ofthe King of
Wirtemherg, has recently arrived in N. York
from Havre. Front-appreliension of Mr. L's.
influence in the chamber, and fearingvto find
itselfin a minority-,tlie ministry first imprison-
oned and then exbiled this individual. Thus
driven from his native land, Mr. List has, as
he expressed himself, “ chosen for his future
country, the United States, where the hand
oftyranny is never felt."—-JV. Orleanspa-.
New Yoiut, August 11.
The U. S. sloop of “far Hornet, Capt. E
B. Kennedy, arrived at Norfolk on Thursdgiy
last, from :1 cruise of 13 motitlis, last fni. Ha-
vana, whence she sailed on the 26th tilt. On
leaving St. Tiioinzis, July 2d, the Hornet put
into St. Jago in coiisequence of the illness of
her crew, having 6} on the sick list, all of
whom recovered, and are now in good health-
During the year ended July 30, the average
uuiiibt-.r.of sick daily reported, was about 14, ,
making in total of5:l() patients, out ofwhicli
number but four deaths occurred, viz. one of-
,biiiuus reiiiiltciit fever, one of paralysis, one
intoxication, and the last, Doctor Van Brunt,
Stirgcon’s Mate, ofa lingering disease con-
iranterl in the West Indies, last season.
We regret to learn that it. W in. Laughton,
first officer of the Constellation, died on the
and tilt. of fever, supposed to have been cori-
tracted at Key West.
Neurons. Aug. 9;
Arrival ofthe Grampus.—Tlie U. S. sciir.
Grarnpus,.lohn D. Sloat, Esq. commander,
aiicliored in the bite ofCraney Island on Sat-
urday after noon, and came tip into the harbor
yesterday morning and fired a salute. The
Granipus is from a ttve|veinonth’s cruise in
the West Indies—slie has not lost a man by
sickness or accident since she left this port on
the 28th of February, 1824, with the excep-
tion oftwo inidsliipmen and _master’s uiate
oti the coast of Africa, soon after sailing ; nor
able to the Greeks.”
\
has she had an officer or man sick during her
cruise, and all have returned in good health.
. From the Jvi:o.— ‘York American.
GEORGIA.‘-—Tiie.Ge'rirgia Governor is a-
gain before‘the public lit all the frenzy and in-
solence of unrestrained pass‘ion‘.-
The temper manifested by Gen. Gaines, in
his ofiicial intercourse with this personage, is
highly commendable, and must ultimately
prevail. .
After a deliberate review of the controver-
sy, Gen. Gaines urged upon the Governor of
Georgia the absolute importance of not at
present attempting tiie survey, to which his
excellency tlitis replies :
-“ On the part olftiie government of Geor-
gia, the will ofits liigliest constituted author-
ity hasbeen-declared, upon the most solemn
deliberation, tliatthe line shall be run, and
the survey executed. It is for you, therefore,
to bring it to the issue; it is for me only to
repeat, tiiat, cost what it will, the line will
be run and the survey efi'ected. The govern-
ment of Georgia will not retire from the posi-
tion it occupies to gratify the Agent or the
hostile Indians; nor will it do so, I trust be-
cause it knows,.that in consequence ofdisobe
dience to an unlaw_fiil niazidate, it may be ve-
ry soon recorded that ‘ Georgia was.’
Here’s fine fustian for you !—--though il
may be soon recorded that-‘ Georgia was,’-
really, we know not whether the governor do
not mean to turn the whole matter into ridi-
cule by llll'§-b01l2b(1Sf£8_fLl.l‘fUSO style.
Further on in this correspondence, which
occupies one side ofthe last National Jour-
nal, the general infornistlie governor, that the
president desires him to say, that ifGeorgi+I
shall undertake, before the expiration of the
limited tiuie for the removal ofthe Indians, to
survey the ceded lands, ‘ it will be whollyon
its own responsibility.’ ,
Hercupon the ruler of all the Georgias
breaks out into fresh eostacies--scolds round-
ly, and ‘like a very drab,’ at the President.
the Secretary of War, and the Agent, and
thus concludes his civil epistle, addressed, in
the absence of the Secretary of War, to his
c|iiefClei'k :
“ When. therefore, certain responsibilities
are spoken of in the communication of the
President, we can rightfully inquire, what re-
sponsibilities! Georgia, in the maintenance
ofiier undoubted rights, fears no responsibili-
ties. Yet it is well for Georgia to know them,
so far as they are menaced by the U. States.
If it is intended that the Government ofthe
United States will interpose its power to pre-
vent the snrvey, the Government ofGeorgia
cannot have too early or too distinct notice.-—
For how highly dislionoiirable would it be for
the stronger party to avail itself ofthat power
to surprise the weaker. If the Government
only mean that, omitting its constitutional du-
ty, it will not pacify the Indians and make
safe the frontier, whilst the ofiicers of Geor-
gia are in peaceful fulfilment of their instruc-
iions connected with the survey, it is import-
ant to the Government of Georgia to know it;
that, depending on itselffor safety,itshall iioi
depend in v:iin—but if the governnicnt ofthe
U. States mean, what is not even yet to be
believed, that, :issiiniiiig,like their agent upon
neutrality feigned and insincere. it will, like
that agent, barrow tip the Iiidiaiis to the coin-
mission ofhostile and bloody deeds—-tlien iii-
deed, the government ofGeorgi:-i should also
know it, that it may guard and fence itselfa
gainst the perfidy and treachery of false
frieiids. In either event, however, the P.es-
ideiit ofthe U. States may rest content that
the government of Georgia cares for no re-
sponsibilities in the exercise of right, and the
execuiioii ofits trust, htit those which belo_ng
to conscience and to God, which, thanks to
him, is equally our God as the God ofthe U.
States. Very respectfully, your ob’dt. serv’t,
G. M.'I‘itoUp. ‘
To C. .‘.I. Vandeveriter, cliiefcl’lt. War dep’t.”
COMM. PORTER’S TI{IAL.—Aoc. 5.
After adjouriiing for tivo successive days
without doing any business, Mr. Jones, this
day, entered on the defence for the accused.
We separate, for the present notice, from
our more detailed notes of Capt. Porter's de-
fence, a few oftiie points wiiicl_i were touched
upon to-day. It was contended that the charge
which related to Foxardo commenced gravely
with an allegation of misconduct, in invading
the territory of :1 foreign government, and
then, without reference either to the defined
laws or to any instructions on the subject,
broadly concludes tiie transgression to have
been against the priiiciplesoftlie Constitution:
so that, to seek for a construction ofthe duties
which it was incumbent on that officer to per-
form, and to find out whether, in their execu-
tion, lie acted so as to be brought witliiu the
comprehension ofthat charge, it was first tie-
cessary to embark into a complete analysis of
that constitution, in which, directly or infer-
entially, such an iniplicatioii might be found.
That it wasrather iucumbeiit on the prosecu
tioii to prove the existence of such orders as
specified certain prohibitions and dusigiiated
certain rtiles of action that had been violated
than for the accused to defetid himselfagainst
allegations founded upon constructive duties.
The Counsel, however, went into an elabor-
ate and beautiful illustration of those princi-
ples which, even by the law of nations, justi-
tied his conduct, and gratuitously defended
points of accusation which, though vaguely
described, were not only such as Grotius and
all other writers upon NitIl0BilI Law had
made even permissive, but which inculcateri
their peforinaiice as social obligations, and
came down to our laws and the civil rules of
conduct, applicable to such cases, as under-
stood by the various eminent statesmen who
had treated ofthe subject, to satisfy, conclu-
sively, that not only no orders had been vio-
lated, but that the most responsible career
had been conducted witlijustifiable prudence.
That pirates were considered by all nations
Hosfis humanis generis, and that wherever
they were found, they were to be punished,
either in tlgir character of enemy to the hu-
man race, when seeking refuge in the territo-
ry of: neutral, or, if aided by those neutrals
as co-belligerants, against the law of nations;
that as between the rest ofthe world and those
buccaiieers no nation could be at peace, and
tliat,wlietlier pursuing them under the latitude
of that coinuiission,wiiicli all moral law gives,
or under-the sanction ofany municipal de-
cyee, the same conduct was to be pursued, and
the sainepunislinieiit inflicted. Tiiat in the
ulltVt.’.l‘S(_llliy of subterfuge, device, stratagem,
and pursuit, which accompanied the conduct
and arrangement of pirates, no certain guide
could be given. by wiiicn the conduct of an
omcer, seeking their extiuctioii, could be reg-
auotlier not.dis~iimilar occasion, an attitude of
ulated ; that tiibcliiviis left to _the discretion,
the vigilance, and tlnderstanding, of the odi-
cer in whose hands were placed these ii_nde., ’
fined powers, whose exercise were to be justi-
fied anti regulated by pectiliaf circumstances.
That independent of this, the line and course
of his conduct was regulated by those very in-
structions, which had been brought in array
against. him, that these itistructioiispontaiiied
not only the definition of piracy in accord-
ance -5 ith all the writers on the‘ subjects but
explained in the‘ fullest terms the effective-
means wiiicii were to be used for its suppres-
sion i..aiid connected with these, were the va-
rious precedents of other oflicers, who had not
only invaded the shores ofa foreign 'p,0l’/etc"
to seek. disarm’ and destroy pirates, but Wlleffi
it -might be said, whole provinces hnd been
attacked. and had capitnlated, the parties’
themselves not being actors, but the mere af
bettors of the violators ofhunian rights. That
pirates having.been the object of his voyage,
and the arms of the Republic placed in his
hands for the pursuit, he could not remain
a spectator of violations upon our citizensand
acts there, were not like those of Gem Jack.
sou, against which (however worthy) ‘the
Spanish nation were complaining on the one
hand. and the‘ citizens of our own on the oth-
er ; but that the local authorities o'fFo'xardo
had, by stiliseqtieiitly using the most friefitlly
and courteous conduct‘. endeavoure to wipe
off the stigma which their violence and ille-
galtty was about imposing on their names.-—
That here was no cry. for iovestigatidii-iio
complaint by aiiyofiicer witnessing the pro-
ceedings-but that approbation had sponta-
neously been given, not only by those who
aainst whom this outrage was preterirfizd-—'
That where the‘conduct of Jackson (who had
done so much good for the Republic) had not
only been excused, btit applauded, he could
not be reprehensible with the same powers, in
the less execution oftliem. That the Presi-
dent ofthe U. States, in his message to Con-
gress, in 1817, speaks the verylanguage of
his conduct ; for there where expeditions had"
been sent on fo it against East Florida, by in-
dividuals, claiming the act under authoritv
from some ofthe colonies, wlieie the advert’-'
turers had been projected and commenced
with iriaduqtiate force, and “ reliance had‘
been placed,” on whatmight be drawn in de-
fiance ofoiir laws, from within our own limits;
he complains that the Islands might be made
a channel for illicit introduction of slaves fr.
Africa, into the United States, and a non of
smuggling of every kind ; and that a just re-
gard for the rights ofthe United States, re.
quired that they should be suppressed ; he in-
forms Congress that orders had accordingly
been issued _to~_tliat effect, and that the impe-
rious cousiderations which produced the mea-
sure, would begexplaiued lo the parties whom
it concerned.
The defence continued to illustrate, by va-
rious and recent precedents, thejustification
of his conduct, and the imperious necessity
which called for those acts——-and, the counsel
not being ableuto conclude the defence to-
day, the Court adjourned ii_ntil to morrow, at-
teii o’cloclt.—-Washington Guz. ‘
./ilugust 6.-—'1‘lie defence commenced to-
day with answering the second member ofthe
cnarge, and adveited totiie vagueness of the
specification. which would only by argument
of the Judge Advocate, be brought within the
prohibition of any article for the government
or regulation of the navy-; that there was no
analogy between the constructive effect of
violations ofsupyrosed rules, and iiifractinps of
such as the hand ofthe legislature had mark-
ed out ; that whatever might be contended
for, under the authority which had been cited
by the advocate as to the right which Courts
Martial had to punish offences, not minutely
described as within their sphere ofcoguizance
under a general right, extending to every im-
aginable case——tbere was a wide difference
between such a power, as exercised in this
country, and in England ; that in the latter,
although Parliament had prescribed the par-
power was reserved, or rather extended,to the
crown, by the “ mutiny act,” to add such reg-
ulations,in the nature ofinstructioiis to Courts
Mflfllillv 35 Would give those Courts the juris-
diction that is now denied to this ;--that, in
ttiis country, nothing had been left to the ini-
aginary coiidtict of a Court, and that it could
not, legislatively, create offences which the
case itself had not defined ;—that its duty was
first to ascertain, whether such acts as the
charges contained, would be, or were, in vio-
lation of any law,aud then, when the question
oflriiv was affirmatively settled, to extend the
consideration to whether these acts had been
committed, so that all trials involved ques-
tlolls, first ofju_risdiction and then of facts.-—
Phat the term insubordinate, as explained at
an early stage of the trial, was, as relates to
ilie articles of war, correlatively applicable to
those regular gradations among officers, and
their reciprocal duties to each other; that the
distinction was not pliilological or construed-,
but one which was derived front the .'let,ermi-n-
ate meaning itself, and could neither be con-
sidered a term of, art or piiilosopiiy, nor ap-
pertaiiiiiig, by any paraplirasis oflanguage,io
any thing but the desigiiaiion of that differ-
ence which existed between, and that legal
subinissiou due from, superior and inferior
officers in service. That the course which
the Judge Advocate had pursued, at the com-
uiéiiceiiieiit of the case, in which the accused
objected to the sufficiency of the charges a-
ga-i.ist him in law, where the prosecutor pre-
tended it was a demurrer, wiiicii admitted the
facts, and which, ifove.ruled against the pris.
oner was followed by inimedi.ite conviction,
was technical and disconsoiiaut to the practice
.tf Courts Martial, Courts of Equity, or the
Civil Law ;tliat in the first,tlie fullest latitude
was given to destroy the accusation, either by
showing the iiisufiiciency ofthe charge by a
inoiioii to discharge, or by resorting, ifover-
ruled, to the general issue on the facts; that
the Courts ufCn-ancery, like the Roman Fu-
ruui, observed the same course, for in the lat-
ter, wiiere exceptions were filed in the nature
ofa demurrer to the libel, aiid.overruled, the
P-rzetor allowed the respondent to proceed in
probate of his facts--so too in Courts of E-
quity, where motions to dismiss the bill were
overruled, the answer was always made the
substance of the defence; that if this critical,
subtle, and technical course had been pursu-
ed by Courts Martial, this singular anoina
would ensue-—tliat the Court would have to
separate itself into distinct characters of first.
Judges to hear motions in arrest of judgment
uP01|‘lll€ law, andxtiien‘, as Jurot:t,~tc‘tietertn-
r
‘.
property without using-those arlils. That hi_§- .
were in service at the time, but by those a- -
ticular laws and rtiles, as the general code, a.
Norwalk Chronicler