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whilst democracy or republicanism has been de-paigns. This money he appropriated to paying nounced as the most odious of all pests. What and supplying the force called out for the defence though “Pitt and Fox, Burke and Curran, never of the state, and to paying the demands of the of forgot to renew their libations at the fountains officers and citizens of the state for public services.” ancient literature?" There were otiser fountains 'These payments were always inade in current fountains of depravity, where, it is allowed, some of money only, and “never in a depreciated currency them never forgot to renew their libations. And or stock. The general government had at this there have been multitudes of others who, doubt-time horrowed of individuals and corporations, to less, drank as deep as they at the "fountain of an- the full extent of its credit, current money, for which cient literaturc," who never rose to their eminence they allowed a large discount or premium; and it is as orators and statesmen.

alike discount or premium, for the money he so Again let its hear the great and good Dr. Rush. borrowed, and paid for the defence of this state, He says “the rejection of the Latin and Greek lan with the usual interest and commission upon it, that US3 would greatly increase the nuinber of slu- the late governor claims to be allowce in his ac. dens in our colleges, and thereby extend the benc. count; and were we now to audit and adjust the fits of eclucation through every part of our country. accounts of the late governor, we should allow him The excellency of knowledge would then be obvi. a credit for these claims, and we recommend their ous to every body, because it would be constantly allowance accordingly." applicable to some of the necessary and useful pur. That coinmittee rejected (inder a compromise poses of life, and particular,y to the security and and arrangement agreed upon by them, myself, and orier or a wise and just government.”

the comptroller, after various interviews and disShould you, sir, give this a place in your invalua-cussions) all the items allowed and admitted by the hle paper, other specimens like this, of inconclu- commissioners, except that above referred to, not sive reasonings and crroneous opinions,” may pro- because the rejected charges or allowances were bably be offered: A FRIEND TO LITERATUNE, not equitable and just, but because they were more

properly charged against the United States than the Vice-President's Affairs.

state. In their report to the legislature, the joint

committee refer to the report of Messrs. Colden From the notoriely given to certain reports of long and Bogaruus, on this subject, and especially to the standing, respectin supposed deficit ofa large allowance mentioned in the above extract, as ful. amount against Mr. Tompkins, as governor of the lows:-"Your committee bave examined the said state of New York, during the late war, we have report, and the reasons of the said commissioners, thought it right to publish the following corres. in favor of the several items recommended by tbem ponclence. As a distinguished public man, his to be allowed to the late governor, and however character is a public concern.

fully satisfied they may be of the justice and equity Nxw YORK, JULY 19, 1819. of these items as claims against the United States, Gentlemen-By a resolution of both houses of the they cannot discover the legality of those claims legislature of the state of New York, of April, 1818, upon this state. Among the allowances recomthe settlement of the residue of my accounts with mended, lowever, there is one arising upon monies the state of New York, upon principles of justice borrowed upon the personal responsibility of the and equity, was referred to William Bayard, Cad. D). late governor, for the purpose of paying and supColdeii, and Robert Bogardus. The first named plying the forces called out for the defence of this gentleman declined acting in the commission, and state, and to pay the demands of officers and citi. the two latter, having met previously to the last zens of this state for public services. These loans meeting of the legislature, adjourned to meet again were made at the time when the credit of the gein Al' any during the session, without adverting to neral government was exhausted, and when they the phraseology of the resolution, which required were obliged to borrow current money upon a large them to report previously to its commencement discount or premium, and as these loans were ge. They, however, met in Albany during the session, nerally paid, as the committee are informed and and after many investigations and interviews with believe, eitherin uncurrent money orin depreciated the comptroller and mysesf, made a report, which, treasury notes, which depreciation has been chargfor the reason abovementioned, could be regarded ed by the United States against the late governor, as advisory or recommendatory only. That report the committee deem it no more than equitable that was communicated by the comptroller to the legis. the like premium, &c, paid by the general govern. lature, and referred to a joint committee. That ment for current money, at the several times the part of it which was accepted and adopted by the said loans were made by the late governor, should joint committee, is contained in the following ex- be allowed to him, not on the ground of his having tracts:

any legal claim to this allowance from this state, but 'The militia which had been brought from the on the ground that the state reaped the benefit of country to New York, in the summer, as the fall ad- the services for which the money was poid, ami vanced, were clamorous for that pay which was ne. that nothing has been allowed or received by him cessary to provide them with the clothing and co- from the general government, on this account, al. vering the season required.- Supplies of every though the justice and equity of his claim fupon kind and from every quarter were demanded; the them is palpable. And the committee are more in. resources and credit of the general government clined to make this allowance from the circụm. were exhansted; the state government had not stance, that this state has in its possession the means thought proper to extend its aid; he could, thereof indemnity from the general government, which fore, oniy meet these exigencies, by pledging his the late governor has not." A bill was introduced personal responsibility to raise the necessary funds; at the same time with this report, which passed this he did, and borrowed thereon, with the assis- both houses. A copy is annexed. Whilst that bill tance, in some instances, of a deposit of depreciated was under discussion in assembly, \!r. Oakley mog currency as a collateral security, large sums of cur- ved to strike out that clause, which directs the rent money, over and above what had been furnish - comptrolice to pay the balance that night be found sed him by the United States in the previous cam. I due to in libicle was lost. Pfr. Oaklry also nasle

a motion to strike out of the first clause certain which would limit the discount or premium to such words, and in lieu thereof to insert the words “al- loans only, as were effected by the late governor, on lowed by him on any pledgeofany treasury notes, or his personal responsibility exclusively, would lead other govermental securities, on obtaining any loan to the greatest injustice, because it would be to deny of mossies for public purposes during the late war, to him the bounty of the government in proportion and also the same premium or discount as was allow. as he involved, beyond his own, the responsibility ed by the governnient of the United States on loans of his friends, or pledged his own property or theirs, contracted by that government during the late war, for the performance of his contracts. It seems to for all monies raised by him for public purposes on 19, therefore, that it would be repugnant to natural his personal credit, without the pledge of any secu- justice to allow to the late governor a premium or rities." The object of this amendment was to li- discount on monies which he borrowed on his own mit the allowance on those loans, where, in addi- responsibility, and refuse it where he borrowed it, tion to personal responsibility, collateral security on his own note, endorsed by a friend, or on his own was given, to a different premium or discount than note or bond, secured by a mortgage on his own prothose where there was no collateral security. But perty or that of a friend. This, however, would be this amendment was also rejected. Some of the the necessary consequence of any other interpretamonies were borrowed on my note, endorsed by tion of the law, than the one we give toit. We are, friends, and some on a deposite of treasury notes as therefore, decidedly of opinion, that the late gocollateral security. After the passage of the law, vernor is entitled, under the law referred to, to the the con.ptroller and myself had several interviews, discount or premium, which it provides for, on all at which be partly questioned the propriety of mak-loans in current money made bg him for the public ing any allowance to me for the current monies, use, which he became personally responsible or lia. borrowed, adranced and expended for public pur- ble for the payment of the money borrrowed, and poses on my personal responsibility, if any collate- where such money was expended or disburscii by ral security were added to my personal responsibili- him in the public service, notwithstanding he may ty for the payment of the loans and interest. I have, have given, as collateral security for such pay. therefore, to request the favor of your opinions ment, an endorsement on mortgage, or made a de. upon this question: Whether, under the proceed. posite of stock, treasury notes or other property. ings and law aforesaid, I am not entitled to the al

RICH. HARRISON, lowance mentioned therein on all current monies

JOHN WELLS, borrowel and expended by me, where, for the re

JOS. OGDEN HOFFMAŃ, Payment of the whole loan with interest, my per.

THOS, ADDIS EMMET, sonal responsibility was pledged, and where the

S. JONES, Jun. proceeds of the loans were carried to my private

PETER J. MUNRO, credit in the banks, wbether that personal respon

DAVID B. OGDEN, sibility was fortified by collateral security or hypo

ABM, VAN. VECHTEN, thecated stock of treasury notes, or not, with the

JOHN V. IIENRY. same interest thereon, from the dates at which the New York, July 23, 1819. respective loans and advances were made, that others, who loaned current money to the govern State of New York, Comptroller's office, ment at the same periods, on their stock, have re.

Albany, August 3, 1819, ceived or been allowed. I am, gentlemen, yours, SIR–After much serious reflection I am constrain, &c.

ed to declare, that I cannot give the construction to DANIEI. D. TOMPKINS. the act for the final settlement of your accounts, To Richard Harrison, Thomas A. Emmet, Josiuh which you do. It may be considered extraordinary,

Ogden Hoffman, John Wells, Samuel Jones, jr. that I should set up my judgment in opposition to David B. Ogden, Peter Jay Munro, Abra that of the very able and respectable counsel who ham Van Vechten and Jokn V. Henry, esq'rs. have supported your construction. I confess that

the weight of their character has made me serious. OPINJON.

ly distrust my own judgment; but yet, as I am not If we take into consideration the reports and other convinced, I am compelled to forbear yielding assent. proceedings stated in the foregoing case, we can en The question is one of great magnitude and retertain no doubt, that it was the intention of the le-sponsibility, and ought, I think, to be determined gislature, in passing the act referred to, that the late by the judicial tribunals of the state; and this may governor Tompkins should be allowed the same dis- be done, I presume, without delay, should you count or premium on the money which he horrowed think proper to make an application to the supreme and expended, as mentioned in the act, whether col-court, now in session, for a mandamus. I respect. lateral security was added to his own personal re- fully, therefore, propose this course: your rights sponsibility or not. Independent, however, of those will then be determined in the same way that the circumstances, and looking to the act itself, we are rights of our citizens are determined. I know not clearly of opinion, that such is the true construction. of any other alternative left than this, unless it be It is the personal responsibility or liability of the late to refer the matter back to the legislature. An governor that is the test, by which his right to the endeavor was made, your excellency kvows, to obdiscount or premium is to be determined. Wherever tain the opinion and advice of some of the judges; he borrowed the money and became personally re. but this failed, as they utterly declined taking c.:sponsible or liable for the payment, we think him tra judicial cognizance of the matter. entitled to the discount or premium on it, although I return enclosed the contracts and other eviden. he may also have given a collateral security, because ces relative to the loans which you handed me last it is obvious, that althoughithe personal responsibili- evening. ty might be diminished by such collateral security, I have the honor to be, very respectfully, sir, your still it was not extinguished: if it made a part of the excellency's most ob't scrvi, contract, it is suff- ient to satisfy both the spirit and (Signed)

ARCH. M'INTYRE. the words of the act. A contrary construction, His excellency Daniel D. Tompkins.

Albany, August 6th, 1819. you declared you had unlimited confidence, and to SIR-I have received your letter of the 3d inst, in whom you referred me in support of your doubts which you feel yourself constrained to admit that upon the construction of the act, and all of them I may consider it extraordinary that you should set you are constrained to admit are gentlemen of is. up your judgment in opposition to that of the very tinguished character and probity, you cannot but able and respectable counsel whose written opinion suppose that it is inexplicable to me on what you I handed to you, and that the weight of their cha- have grounded your conduct in this affair. racter made you seriously distrust your own judg I was frcquently informed at New York, and af. ment.” To this you could with propriety have ad. ter my arrival here, that the declarations of your ded, that I might deem it more surprising, that you political and confidential friends were, that a setshould have come to the extraordinary decision now tlement at the present time would, at all events, be communicated to me, after your previous assurance, evaded by you, and at our second interview 1 frankthat if certain of the judges of the supreme court, ly communicated to you the information I had re. whose opinion I consented you might take on the ceived on that subject: you repeatedly assured me, question if you thought it proper, should think with my apprehensions, that they must have had some the counsel I had consulted, or should decline giv. authority from you for such confident predictions, ing an opinion, you would in either case forthwith were wholly groundless—how far those assurances decide and settle the account with pleasure. When are reconcileable with your subsequent conduct, let it was ascertained that the judges alluded to declin. the facts decide. ed all voluntary interference in the matter, I did Your suggestions, that I may apply to the suhope and believe, that you sincerely intended to preme court for a inandamus, at the time, and under close the accounts, and that belief was confirmed the circumstances it is made, is not less extraordiby the circumstance of your requiring the contracts nary than the rest of your conduct in this affair. I and evidences of loans over night, that you night venerate, I trust, as much as any man, the judicial examine them, and, as I very naturally concluded, institutions of the state, and have labored with sin. make the requisite calculations. After this, instead cerity and zeal to preserve their just authority, and of meeting you in the morning, disposed to conto perpetuate their usefulness; and however much olude the buisness, to receive your letter of the af. it is to be regretted by every sincere friend to the ternoon, with my papers rejected and returned, honor and interest of the state, that they should in was, I confess, unexpected.

any degree have become entangled in the conflicts It is difficult to conceive a justifiable motive for of party, it is notwithstanding an object of the first requesting the possession of those papers, with the importance that they should be preserved from the declared intention of examining them, if you had danger to which it is feared they are exposerl. But not concluded to abandon your singular and extra. this is not the occasion for a discussion of that sub. ordinary construction of the act, an act which a justject: and my only motive for the remarks I have and enlightened legislature had passed for my re-made is, to prevent the circumstance I shall prolief, but which, by the arbitrary esercise of the au- ceed to state from being attributed to feelings I do thority your office confers on you, you seem dis- not possess. posed to bend to my oppression.

On Monday evening the business, so far as prinI feel conscious that I am neither suspicious nor ciple was concerned, appeared to be settled beuncharitable; but connecting your conduct in this tween us; I mentioned to you, in a free and familiar particular with other circumstances, I cannot resist conversation, my regret that you liad not, in the the belief, (and I know of no reason why I should first instance, submitted the question to the proper onit the expression of it) that you had become alarm- law officer of the state, instead of applying privateed at the impression which your individual per- ly to certain of the judges who you knew to have tinacity upon the construction of the act was making political prejudices against me, for an obiter, unupon liberal and just minds, and fondly hoped to digested and exparte opinion on the subject. You find the papers defective in proof of the facts requir: had before admitted that such application had been ed by the act, that you might thereby be enabled made, and then excused yourself therefor by a deto evade a settlement of the account on that ground, claration of your solemn opinion and belief, that it and that it was only when you found that expecta- was not possible the judges could ever be called tion vain, that, in the last resort, you formed the re- upon to express an official opinion in the case: Fet solution of resuming an objection which yo:1 had be the next day, without assigning a single reason for fore apparently abandoned.

it, without a single opinion of counsel, or even tak. When you consider that, in this case, you have ing the opinion of the law officer of the governwholly departed from the ordinary course of your ment, as to the propriety of the course suggested, official duties-that instead of calling upon the law you propose to drive me to the obtainment of the officer of the gorernment for his opinion, as was judicial opinion of a court, two of the judges of proper for you to do, and as you have invariably which, you often suggested, would not be proper done on similar occasions, you avoided that plain arbiters between us, and who you professed a wish and simple course during the time of the late at. to exclude from giving an opinion on the subject. torney general; that you have not thought proper It is true that you have since qualified this sug. to take the public and official opinion of the

present gestion by saying to me, that you mercly meant that attorney general; but that, not being a professional they were improper persons to decide out of court, man yourself, you have declined the legal aid and extra judicially, and that you had wished to es. which the government has provided for you, and clude them only in that case; but that the circumset up your individuals doubts on the question of stances which would constitute an objection to their construction in opposition to the clear and decided being exparte advisers out of court, would form no opinion of nine of the most able and respectable objection to their competency or uprightness in counsellors in the country, three of whom have deciding the same question judicially. I then staibeen attorney generals of the state, five of them dis-ed to you, and now repeat, that I could not feel or tinguished judges of important state courts, one of admit the justice of the distinction. them, your predecessor in the ofice of comptroller, The course of litigation and further expense prow! another of thein the very gentleman in whom I posed by you to compel you to do what the laro im.

' REGISTER-AUGUST 21, 1819-

,

poses as a duty, is one that I shall not resort to, as alone for the consideration of the honorable the levell because a mandamus would not probably lie in gislature. But the comptroller having thus unexsuch a case, as because I have avoided as much as peutedly been drawn before the public, will be compossible, through the whole course of my life, con- pelled in self-defence to make a full exposition of troversies and disputes in law.

the vice president's claims; of the nature of the I shall therefore prefer to submit to this, as I have the question in difference, and of the reasons which to much other injustice received at your hands in actuated the comptroller in the course he has the course of my business with the state, with the pa. taken. tience and resignation that becomes an injured but The comptroller feels a consciousness that he has peaceful citizen.

been guided through the whole of this business by lam, sir, your obedient servant,

a strong sense of duty, and that his construction of DANIEL D. TOMPKINS. the act of the last session is conformable to the inArchibald M Intyre, esq. comptr. &c.

tentions of the legislature. The documents in his

possession, independent of the act itself, clearly An act for the final settlement of the accounts of the late shew this intention, and he cannot therefore dread

governo: of this state. Passed April 13, 1819. the result of an appeal to a just and enlightened 1. Be it enacted by the people of the state of New public; and in the mean time he begs a suspension York, represented in senale and assembly, that the of the public opinion. comptroller of this state be, and he is hereby autho.

ARCH'D M’INTYRE. rised and required to adjust and finally liquidate and

Albany, August 11, 1819, settle the residue of the accounts of Daniel D. Tompkins, late governor of this state, and to cre.

Naval Resources dit and allow to him therein the same discount or The following is copied from a late number of premium on the current monies borrowed and ob- the London Quarterly Review. tained by the said Daniel D. Tompkins on his per. The Liverpool Courier, in extracting the article, sonal responsibility, and by him expended and dis. recommends it as a subject of transcendent imporbursed in the public service during the late war, as tance, and admirably calculated to allay the extra. were made and allowed to other individuals and to vagant fears which inary well-!. eaning, but inconbodies corporate, and by them received for current siderate, Englishmen entertain with respect to the monies loaned to the government of the U.States on probable maritime supremacy of the United States, the certificates of stock or funded debt of the said and the ginsequent declension of the naval superigovernment, the said comptroller having reference ority which Great Britain at present enjoys." in such settlement to the respective periods at We are really glad that the British have stumbled which the said current monies were so borrowed upon something to relieve them of the ridiculous and obtained; and that the said comptroller debit fcars which they have exhibited on account of the the government of the U. States with the sum so al building of a few ships in the United States; and lowed to the said Daniel D. Tompkins in the ac- we think that their lords and commons, ninisters count of this state with the general government, for of state and newspaper printers, should bless the disbursements during the late war; and that the author of the essay, saying "BLESSED IS THE MAN THAT treasurer pay, on the warrant of the comptroller, BRINGETH CONSOLATION.” the balance, if any there should be found due to the Comparison between the British and American navy, late governor, upon the final settlement of the said “The successful manner in which America fitted accounts.

out a few ships of war during the late contest, may II. And be it further enacted, That the comptrol. bave induced some persons to give credit to her ex. Jer be and he is hereby authorised and required to travagant boasts, and to suppose that she will at no credit and allow to the said Daniel D. Tompkins, in remote period become a great naval power, and the account, all such sums as may satisfactorily ap- perhaps dispute with us our superiority on the pear to him to have been advanced, expended and ocean. This topic merits some attention. The paid by the said Daniel D. Tompkins, for and on formation of a navy must depend on the quantity account of any public services, and which were au- of commercial shipping, in which sailors can be prethorised by law, and to open accounts with the va-viously trained in the knowledge and practice of rious individuals to whom any advances were made their profession. America at present has an abun. by the said Daniel D. Tompkins, and allowed by dant supply of sailors, but the abundance is unnathe said comptroller in the settlement aforesaid, tural and principally owing to causes which have and to call such individuals to an account for such now ceased to esis, and they have become burthc? advances.

some rather than beneficial to the community. The

extensive war, which for more than twenty years TO THE PUBLIC.

raged in Europe, and in which all the naval powers The vice president having thought proper to pub- were in turn involved, raised the mercantile navy lish a part of a correspondence in relation to the of America to such a heighth which it would never settlement of his accounts, the comptroller deems have otherwise attained, and which it will never it due to himself, without however imputing any in- reach again. At a very early period of that war, the tention on the part of the vice president to misre- colonies of the enemies of England could neither present, to declare most explicitly, that some of the transmit their prorluctions to the inother country, allegations in his letter are incorrect and calculated nor receive the necessary supplies but through neuto make a very false impression as to the comptrol- trals--and imerica in that character erined aller's conduct and motives.

most the whole carrying tradle of continental Ei!The comptroller was not a little astonished at rope. The fisheries where in their haxs--and in the extraordinary contents and character of the our island, they were allowed to trade to a greate vice president's letter, and was not less so at its extent than perhaps was politiceren if that periodi. publication. He did not suppose it possible that the all this gave a wonderful impulse to the American vice president would have given publicity to a cor. shipping, and increases its tonnage from 770) respondence, which, for any beneficial or practical tons, the amount in 1797, to 1,550,000, the anicurt purpose, it was believed, could have been intended when the war with England comneticed.

The alteration of circumstances has already di- f the maritime power of America, financial reason minished, and will yet more diminish the mercan- will also be found equally to obstruct a great or rap tile navy of America. The råte of pay in American pid progress. The annual average expense. O ships in time of peace must be regulated, not bị the maintaining the naval force of Great Britain, during wages of labor within the states, but by the wages a war, may be taken at eight or ten millions sterling. which other nations pay to their sailors; if it were to create such a source, to accumulate adequate otherwise, tht freight of goods by American ships stores of all kinds sufficient to keep it up to its would be much higher than by those of other coun- high standard, to construct arsenals, docks and tries. In a period of peace the Annericans have no machinery, and fortifications for its defence, must advantages in the carrying trade, since they can far exceed any sum which any government in the neither build, victual, nor navigate ships cheaper United States would venture to submit to the conthan the nations of Europe.

sideration of congress. Our navy is already created, “Our northern philosophers have recently dis- and national feelings, as well as the conviction of covered, among other rapid advances which the U. its boundless services to ourselves and the whole States have made, that their foreign commerce has civilized world, during twenty years of tremendous increased, and that already their mercantile navy and fearful conflict, will support the British nation is within a few thousand tons of our own; and have in the necessary expense of maintaining its superigrounded upon this notable discovery the “prophe-ority; but the distance between creating and upcy,' «that in two or three years they must overtake bolding such an implement of attack and defence, and outstrip us.'* We have stated the tonnage of is immense. the merchant ships of America at 1,850,000; bu: Mr. “But further, if ilie maritime population and the Pilkin, an acute statistical writer and a member of finances of America should improve so as to enable congress, observes that of this amount only 1,550,- them to form a navy, local circumstances of a very 000 were actually navigated, which employed about important nature would prevent it. The shores of 62,000 menit This was the highest point to which the United States are nearly equal to the whole exthe mercantile navy ever rose. Since the return of tent of coast which Great Britain presents to the Europe to a state of peace, it has rapidly declined. sea. On the most extended part of that line, viz. The foreign tonnage has been reduced half, and from the capes of Virginia to the southernmost the domestic tonnage has been reduced half, and boundary, there is no port in which a ship of the diminished.

line, or even one of the large class of frigates, cah “Whilst the mercantile navy of America has be received; in fact, the whole southern coast is been thus dwindling down to that natural state destitute of harbors, for the riverson which Charles, which its limited capital and small sur; !us of pro- ton and Savannah are built, have bars whichi, es. ductions will support, that of Great Britain has ad. cept at spring tides, preclude the entrance of ever! vanced with unexampled rapidity. In the year the smallest frigates. The great rivers Chesapeake 1811, it amounted to 2,474,771 tons, and employed and Delaware, though capable of admiiting large 162,347 men and boys to navigate it; within the ships, afford no security against a superior naval seven years which have since elapsed, a great ac- force. New York, Newport in R. Island, and Boston, cession has taken place, and the tonnage now though tolerable harbors, may be easily blockaded, amounts to 2,783,940, navigated by 173,820 men.- and the ships that rendezvous there be rendered Whilst America, in the most flourishing state of her useless, whilst a small naval force might seour every commerce, could only draw supplies for a fighting | harbor and river to the southwaril of them. Á navy from 62,000 men, we have 173,000 from which country so extended as America would find difficul. to obtain the requisite recruits, without taken into ties in forming a naval force, which are not experiour calculation the numerous maritime inhabitants enced in Great Britain. In a case of great emerwho are employed in the smaller craft, which are gency the whole of our naval population migbt be unregistered; in the fishing boats which surround concentrated at any one point, so as in six or eight every part of our coast; and in the boats, barges and days, if it were necessary, to man a larger fleet than Jighters which conduct the commercial lading from was over yet cquipped; but if America had an equal the sea to the interior.

Acet in the only ports that will admit it, so long a “As the deficiency of scamen, and of the power period must elapse before her maritime population to obtain the service of such as they have for the could be collected, even if the power of impressnary, is an obstacle to any formidable increase of ment were exercised, that the whole might be very

leisurely destroyed before the hands could be *E-linburg Review, No. 49, page 1.37.

brought together to man them." [ We cannot see that such a statement is made by Mr. Pitkin, and suspect an error here. We do not see, by reference to our tables, that the whole ton.

Crew of the Irresistible. nage of the United States ever amounted to 1,550,

RICHMOND, AUGUST 3 000 tons. Ev, REG.)

On Friday last the special term of the feceral “It appears froin the declaration of Mr. King, court was closed-On that day t':e following promo member for Massachusetts, that in January 1817, ceedings took place.-Present chief justice Mar. more than half the shipping, which had prosecuted shall and judge Tucker, foreign commerce, was lismantled at the wharfs Thomas Smith, late of Norfolk, in Va. who stands and literally compelled to seek employ in foreign indicted of piracy, was this day again led to the bar countries. Their ship carpenters, destitute of em- in oustody of the marshal, and upon consideration ploy, are obliged, for a living, to go into the British of the special verdict found by the jury in his case provinces of New Brunswick and Nova Scotia, there on Wednes lay last, and of the arguments of coutito cut timber, for the royal navy of England, and to sel, the following question occurred as material in build vessels to carry it to Great Britain. This is the cause:-“Does the offence charged in this in.' more than sufficient to encourage us to hope that dictment and found by the jury to have been comin the next edition of the journal just mentioned, mitted by the prisoner amount to the crime of pifor 'within a few thousand tons of our own,' we shall racy as defined by the law of nations, so as to be pu. be directed to read--within a few million.' nishable under the act of congress entitled can use

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