Newspapers / The Wilmington Gazette (Wilmington, … / July 22, 1806, edition 1 / Page 2
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obtai italnujTr information, and assistance at the ritisn might be disposed to afford sjs. " British might be disposed "On our way we fortunately fell in with the British sloop of war Lilly, Capt. Camp bell, whOi.receired us with much cordiality, andjnformed u it was his particular instruc tions io serve tu, at the tame time advising us to put into Grenada as the governor of that isiana naa some particular communication to rnaEe to n- Miranda.- . . : . CWc have already received the Governor's assurance, of the most prompt; co-operatiotw We ah.vll probably take up one or.twa days, atinvrtt.in mak.ng the necessary arrange ments here,, and shall, proceed immediately to-Trinidact "(in company with the . Lilly sloop of war) where we understand the Governor of that Island will also give us, every assis tance that is necessary , " Tbe Jaon frigate is .nowon the coast with a number of Volunteers on board ; this ; ship is. commanded by Captain Cochrane, son of Admiral Cochrane, who we understand from the best authority has particular in structions to protect and forward pur enter prize. I have now the happiness to observe that this .new turn to our operations, has gi ven much animation to all friends on board -the Leander, and I sincerely hope my next will inform you that our glorious tnttrpritt is fullj accomplished." , ; - - From tht Aurort, '. Miranda's Expsditiott, At length we hear the arrival of Miranda at Barbadoes.' that he has arrived there, and that tho-se who have been the victims of his deceitare prisoners in Spanish goals, js now certainVwe have the indirect authority of the ex:Sp:nish ambassador, Yrujo, for the latter, w and we" htive the eulogies ot the general s all!s atjFldrbadoes, for the former, but this is not all, lor at last Mr. Ogden has pub lished some accounts of the fate of the famous expedition, of which, oiir readers will recol-. iect we never once armbBnced nor expected a better issue. We suppose Mr. Ogden may be deemed an official organ. He re marks that various ridiculous rumours have been in circulation ; now vr believe that a more ridiculous account of the prospects of the expedition could never be given than the ofi:iul letter; from Mr. Ogden's respectable i-n.leman on board the Leander Vv c believe Mr. Ogden's principles and himself have ttflle victims to their partiality to their Bri tish friends, for in vain may tht f look for in demnification to the British government, that government is not in the hjbi of rewarding ruuessful agents j witness poor Watt, the comrade of Downie, who was executed at Edinburgh: M-. 0den will then have to find his rwd in his own breast, for his1 un hspor sacnfW of the unfortunate dupes and victims to the cursed Machiavelian policy of the British government. Would to God, that many of the chatter ing skulking agents of the U' British Ho beipierre could be exchanged for 58 unhap py victims now languishing in a Spanish dun-j-on. the ri Mance would be a blrsiing to the United States, tho' we fear that even the horrid example would not have the effect it Otfght. Mr. Ojden's letter states, that after the lost tf lh- two schooners, they determined to pro teed to Trinidad for such information and a istanceasihe liruisu crcditp sed to afford 'them. On the way fS:y f or'untf'ely Ml in with the B.itisS l.io; f t L -'Iv, iU;t..i: C itup brll. " nhi) ieeive 1 ti ilb mutn cordiality J infirm :d us. i' ws In p.nivtl lructioni'tuse-re us ! Ai - i n time ad Viiijt us to put in. ii . i, as the govern or n.. Mni. ,''( cn!jf communication to li.aicio lea, Miranda." We th-n, siys he, -V probaMy t:ke up c or tw days in mun the n-rcM,;ry k :ttrjngem,'nu. and tun pio c"! imnitdi " alt If to Trinidad, ,reie we understand the " governor wilt give ut every atYuajce Hut The Jasun Frigate is on the oast with T'it folfowin? e t'rart r,f n . ;i-r from Carnrcas, is tuf pcd to Lc funislcd ly the KsMiivttcr of Kpnm j I irtucipste )i.ir impatience, and send you a list of piiner tsken on board Mir n schooner. It has been furnished to me VrHphr,, arqiaiiMeJ wi'h tur hnguige, and tome tumts arc copied in atich an incor rect manner asto o'liv;e me O y.ticss thrir true meaning. The b iSble of thst adrcntu Ter's rxprdition lis burst. iid this pn vmee Is in nch a sutcc f Uft i te, both br ntti.-r and by Jh .rr-uinon and o yatiijaticnol i a . rtou'"tf, th4t not -iilun trn llioond re Ifulir tmops would m ke any ctiiu ire pres. .'ion nn it. The inhabitants in general htve Hewn much toy ily and attarhnunt to the'r pifftomtnt; fiiy thourd I'olUra h.ve keen au'jsrrit.1 In this rountry. and t IT. red as a pi W t f r Miranda's t l gt he Itai ts ca;f d by r.'gHt, artd some 1 1 onr coiMrymen re ttuilly tm !er close confinenKnt, frOat wMrh ihcf willw re'ciscd only by death. Tifmost intelllfftt amorig the prisoners dc . cl ue tht esp'Ui'ioi icerived the encourage mrntof nir adpiiotstratinn i the news wt r ccived fr m the United Vatea appear tocOu firmthis sjppoiition If this be our nw ten htve degraded themiclrtl In lee d. and will be answerable be fori God and their coun try for the blood cf these lrTtpru4fn,. and de luded men, iheitrtatfstfiitmberi'fwhftm will most assuredly ht eaeeuted piiatcs.V Mere Wla l it Cifpus&otrt aaouuof i9 St ft toluateeri, comraanded bjr Cochran aon, who we understand from the- best au- j " thortty has particular instructions to pro " tect and forward our enterprize." ' After all this official going to Grenada, to to Trinidad, and to the protection of the Bri tish frigate, the aubseqaent accounts inform: us .that Miranda is at )at arrived at Barbs-, does4. 1 ' ' ' : ' ' ; . ': In ihese, then, the most sceptical may iee in all. this tergiversation, the cloven foot of the late British, cabinet! Treacherous oe aigns an4 imbecile expeditlc-jul -. .J, . Was. or was not Mr. Ogden really the dupe of Miranda ; Qr, dues he hope for ihdemni-' ficatiohs from his good frie,nds, the British t J, r. Or, is Mr..pgden only the mask for cer tain nouses in New.York. who are not named, and who act as agents in' the pecuniary trans actions of Britain ? For' , , " ' .The expedition shews that the whole was a plan of the British cabinet to involve the go vernment of the United states in dispute with France and Spain. ;', -J Or that, as in Europe t,he same as in Ame rica, a curse, a blast from Heaven attends c very political connection with that faithless intriguing cabinet 1 , W hilst we believe', the latter position fully, ww credit the former in- stance. ... ,' - ' .,,. '. ' . Had it been the serious intention of the British cabinet to assist Miranda, as represen ted in Ogden's semi-official letter, what ner cessity was there for sending him to the Uni ted States ? The expedition to the Cape of Good Hope was for months the conjecture of both Bri tish and American papers, it could almost traverse the globe without its real destinition being discovered, till it had struck the blow intended. Why not the sa ne with Miranda's? why refer him to frigites and governors in t!ie West-Indies, if Britain intcndedopen assis tanceV or were earnest in the revolution pro posed, for apparently from every motive bah pslicical and commercial, no nation can be more interested in such a re volution than Bri tain. , . .Turn it then whichever way we may, let us steer wide to sea, or only coast our thoughts along the shore, the mugiiet conti nually points to our first po.i ion. That the whofv as a base and - infamous attempt of M Kent's " greatest tlatetman of the age," to involve this government into dif ficulties, by thi fit ing out in its ports of an enterprize u ulcr c(icr of an . impolitic law then in existence, which -for cowardly rea aonsand the anticipation of future vtrptance from France, it had not the courage manful ly to as .ert by an open force. Britain wished the enterprise doubtless ta succeed, first, because she would be com mercially benefited by it. Secondly, because it would distress her ene mies. Thirdly, because she saw in it possiHe difficulties to the govcrnu.tnt of the United States. Fourthly ske comforted herself w'h th.s reflection, that if it did not sucr (..'.!, yu the government of these states would It in. raised witn npjin,-and st the s.miv time otT agents here (we mti the agnits of:h?Br tiih government, hrr rortU fl'ni priv.t) w juU le a m .-s.' i vi e i'p' v. il to vp mongsj our iw . ti i2-i. inj-iMTji so'lJ.iioiu gainst tl.t Prcsi V i'. rrprese it him t the cause of hn M....,! !,:ch s iouIu I. im prudently shed that isali iuy s-.Tujcc'. o true are the federal .ipc to the I.mJ which feeds and pay, tin. m S The expedition la the arrccas wit fitted out under the cover oPIk ( m! owing ves sel" to arm anJ defc.d ihtrnt.ives against pir'ttain thir pakiare to 'v. Dominro, and t m .... w icli the ici.erjl p .ciwlio that bill was atopp.-d, re,reser.uU -s in a t more arbitra ry, th n anv rsi r committed under the roost despotic govunmtnts. Let OMr r-d.-rsrrfsr I;) Thomas Paine's Kt er, shich we pu'disredon the sailing of the exofdition f Miranda. r ' Let the rclationa of three victims who may .1-e iirnficcd. '.o Spinh.. vcnt'ciicc, place their iisfo!tuue to i-s true eusc. to the in (rtnal m .r hinaiioi, of Urilish policy, fur the n -srs! of pu-pwses. Let such of the federalists, who are rel!y fru ods to the coumry, consider that the Bri. Iis'i cabinet care not who they sacrifice, whe ther friends or f ics, whether dcroocrata or fe deralists so as thty rai carry em one title rf their view so aa ihey Cjn at atl embar. rass the government, or aur up diuncna a moni;st us. The whole conduct cf the Br'nish govern ment aptaka this language, itr lut always Ktkea it. But in spit? of ih intrigi-ing rrprtienu lin o. the wiU asr'i, or of hi en-ajiitors the Ilritiah agents, in ;,i'f of ptpet via mjybe burn in Spanish a"d H'ltisH py,the pmple of these states wdl n , be deluded -ne'Mh'r will Spain be deemed ly at.f At re- prescntatir'n ef her ex-minister whose noto rious hostility to the government of this coun try, may attempt to seduce her fiom her true interest, Spain will sec it as she ought, to bi a base attempt of the mutual enemy f both rations, and indctd of the enemies iUl mankind niArtLLsroN. Jul i. lit r 6ft tf 0 Itiltrtem Oft, CaiLfit. ttht B'itiihhig fjntirhUk HiUdJremthtibmt r ra'ldxi. m Manh hit. A IiLAan f.f Foavo Ilico, May 3, UC. M I take this ftppofltjrtitv of acqoaintinit you, f my being raptured on the 20th ( March last, fo Ut. 30. 47. N. lohg. tT W. by the frenrh prisa'rer Svriia, cf twolcrf; II vwu,eri ' Mid fa in eri, af.tr a ninntng Eg0.f ao n0ur, in which time I B f had all my lne- and runninR rieeinc shot I ! WAY I aod imain-yard, main-toD-jrallant-' yard, fore-toin.yar(i, and iib-boom. carried I away by an jpound shot. The privateer maae inree av,pts to board, but was repul VnCortttely the wind at length fail ed, whin the (ateer ranged along side, and cut us compliy -r with grape and langrage fromher twjfhteen pounders; my. few brave officers men around me, w6rn out by manly txeruwere then compelled to strike the Engl colours, which I presume i 10 )" were weWppbrted against auch su I pcrior force (wiving only lOmen altogeth- ""'-Hulri, ana no smau arms.; "1 he privateersirl kept up a fire of musket ry at us for sevi minutes after we struck, ' but thank God nrson was killed 6r wound $T except a sm4lesh wound I received in my right leg. had the satisfaction of kllliog their first Wenant, and dangerous-ly.WQu-.ided severien. The privateer was bound off Charled Dar, where she intend ed to cruise for U weeks. ,1 was most shaniefulJy treatedhhe privateersmen, rob bed of every thinad, even to the hat on my head Dumik, the captain" of the 'privateer, is one che greatest coundrels in existence he ' ted several American, i masters at sea alms bad as me, plunder-: uig tnem ol cordagUj 0thet articles.' The SurERS i Yprivaleer that engaged the pKTERtti- shop off our bar. From the Uhrork Herald, OPINIONS OrrHE JUDGED On a point, in tha of Etidcntt. Th; j , i.i-s,. auriole io the order of the Honie of Loidj.Vlivt red their opin iom.Jtrintim, on thci,citioni referred to thsm I y their Lordlhl. - Upon the motion eWd Ellenborough, tlr. Judges .whofe ciiUfS were to com. mencs the foorer, weeheard the firft. Mr. Baron Guhariaftor Rating tht difficltici in which tiWftton wal in Toived, derlarcf that," iL, opinion, the general rue of law, vl that a witnefi vvas iound to anfwer evi queHto:) t6uch i?iliirn.to be triejlw,th theexcepf tinn omy of fuch qucil!o as would ex. pole Him ro a criminal fecution, or lo a penalty of forfeiture. ihe Ourti of Eqoity, it was the daily Laice to force- parties to at.Jwer the mattri alledrftd a. gainit ihdn, whatever pecViary iols fuch anUeri might fubjefl thenlo. 1 he juf tice and thercafona ot thiiLle appli-d e qna the Courts of La' although it vainorthe cuflom there tjexamine the panics, .a it wai in Ch-tcrv, svhete tf-eir cu.toms were rcuvedtim thf Civil, irftra I uf the Common L Although in th; Coutu of Law, a pity could Dot be nia.ie a witr.ef yet thofdir ifori who were brought forward aa wilfl.i, were equally bound to declare he hole tru'h, at the parties would be in a (urt of E quity. If it were not (o, thnoft monf-..--ui ihttiuclioni woulu bi. thiwn in the way ot juitice thofe perlonwho were be;l q iilitud i tive i.ii. orianl evidence. miNt ;enera!!y fneltcr iluinfeVei under I i lut pea. It w.i, ho ever, levery day len, tii at pawn brokers were Wei ght in 'viiience t pon th profecnuyn a thicvci, ll.ble Leee a in the tria'kif hoife. ' ('actii a mI in neither of tl.e cafei, 1 wjju'J b pern ittt.l, for the jtwn bro ker, or the llab e keeper, io reljfe giving .cilimony on tht roji J of the anl'wen obligfrg them to rrftore thofe thilgs which they lu l improp:r!y received. this were the law, whatever incontcniencrt rrv'it re f sa'ff fron it, witnefT: wmiUI per petually claim ihii priviler, either from fear, or thru,jh fvor. The ot-int had not as yet bren fe tlej by any filemn de cifion, after a full argument ; but from all the !i,hia that he could derive, and from the monllroui iacoovcnirntt that would refult fron the contrary fuppofr.ioi, he declared hit op ni.m, atlo the fiitl quef lion, t'-at a witntfsii buund to anfwer all -f ich qoeflioni as do not eipofe him, either to criminal prolecu'ion, penalty, or for feilure ; and ai to the fecond queltion, that i trie rule app'.ui to the witneflet on atrial, or a fun where tin Majcfly it cither plain" IiT or profecutor. Mr. Juflice Chambre wat of the fame opinion. In the Courti of Equity, not only a ptifon mihl be cumpelcU anfwrr q ieflionl which would fevrrelf affccl their pecuniary intcrelli, but IM i of Difcove ry were filed, for ihe raprcfi piirnoft cf nhtaird' g an anfwer upon oath, which an fwer mifht bt read aa evidence in the Court! cf Law. The rule had been 111 down by lord MinfieM, which had been lenera.iy coin Jeie t ai tr.e true one, that. in all cares where a witrcf could bt for ce I io anlwct by Court ol Eq-ii'y, in or der that hit arfwer might be nal at cii Jenct in Lo in nl Law, in a l fuch ca f, a Court of Law fhoulj compel him io nfwer at the trial. Ut only cafei whete party could refute to anfwer wai, wleie it would capofe him io cither criminal pro fevu'ion t r i j penally ur foifeiiurt. Tkii wat what he conceived tie rule tfa at cotnn ti law, and that it mail urq lellior.a Ilyottt lo be iht tide, for Kt thought there cuulJ lc t" retfin afjined why t tniQ Ciou!J twnscits liaifelf iiiti!v?Jl9 conil the truth, er to rtfufe to do iuflice betvm AT and K onlhe" grouhd that if he dte' C. might hare an aQton againft 4 him which would be ' to fay in other word The Public adft aot call Upon me tlive evidence, or db'juftice between A. 4B. becaufe fuch efidenceT" might - f revi mt front ailing unjuflly4jyx C. or D. tohom I wifh to aft unjufllyi and fromkom 1 ihould vrifh tcrwhhhord-4 juft .m.M As to the authorities upon tbe pcL there were on one fide a great- ?. varietpf opinions ex preffed at NiHPrius, and otie 'other, the rule fo laid down by lord Nhsfield- ' and which hr now confi. - - - s ' - w - - - - dered te the list with refpeft to evidence. There id alfo been a cafe iri the Court of . Exchetr; where an attachment' was of dered Ainft a witnefs for rfcffing to ati fwer ofliefe groundi. Whert he confl dered tlpraftice of the Court! of Equity r aad theianner in which this praftice had been adlted in the Courts ot Law, and aifo whl be confidcred tbe great obltruc tion whk would be thrown in the, way ot juitice, (the contrary practice Jhould pre vail, hetould give his decided opinion, : that a vi ifa was bound to anfwer quef tioni, v th did not expofe him to crimi- fc nal prol ution, penalty or forfeiture, e' -yen alt high hit pecuniary interelti might lurrer owjcn aniwer. ". . ' Mr. JRice Le Blanc agreed nioflde cid;d!y 4th the opinions which had been . deli vereiy the Judges who had preceded him. Mconftdered that it would be (ub verfive oluftice, and a thing not to be en dured, ifcgent brokers, or perlom who managedjfurances, were to decline being examineoa the ground of ihelr being Themfclverjade liable to a civil aQiori AlthoughprofefTed the higheft regard for the author of thofe judges who held tho ruletohetlioiherwav. vet it mufl berecol. lefiled that e point had never been feri oully argul before, or ptobably thofe great and Icrned Judges might have alter ed their opiont. He. had alwayl hell that witneil could be compelled to an fwer queftick even although their anfwerl might expoi them to civil Action!, and the mora hebnftJcred the praclicc of the iwoutts, anclherealon on wnicri it wat founded, thebore ht wai confirmed in the -opinion. K therefore, agreed with hit learned bretln in the anfwer a. they ha44 " given to tht lelliont that had been fub ' iniiicQ io snr opinions Mr. Juft'u Grofe differed in opinion from the leaded Judges who had preceded him. He tnceived, that, by the mild lawi of this cuntry, no man wat bound to criminate hiiclft or to give evidtnee a gain If hia owpecuniary intereft, and per haps, to hit ur ruin. It wai allowed, that neither iitonrti of Equity, or at law, was a man bnd to atiiwer what might expofe him tci penalty or forfeiture. -lit could note the rea Ton why axnan IhoulJ be kcufed from anfwtring o.icdiotu whh raicht expofe him io the penalty 1 five pounds for kiM r.g hare, and tt fliould be obliged ti anfw.r qneftsi which might ex pofe hm to teitonfanJ pounda n da ma gei, or lie in j iall hit life, if he fhouM bo unable to pay tie damage. This differ ence, it appearwas mote giounded upoi praclice than un any principle. Tho praflice, hower, of the Courti of Eqoi t? differed mollia'eria'dy from that vt th Courti of Liw, IntheCcurti offcqui. ty, although thtpariei were liablt lo bs compelled io aner upon oatt, yet ihcy had time for dujclibeVa'ion and legal ad tice, andbelileiie anfwers could not af. terwardsbe nufefeiited. It wai very different, howc't in a Court uf Lawt when a quedionipidly put by in tnt- niui lawyer, arnfwercd without coi.fi derat'torf, rr.igVt fofe the witnefs to ruin If. thii anfwer Csl bt given agaiull hint i evidence in antter trial, it would bo given in withouie wiinefs l.avine any opportunity to etjain hit anfer. Thtro were many o heriifTcrencci between tho rulti of evidence 'the Cootti of Equity, and thofe of ComM Law. In tie for mer, an irfant ctsd not bt compelled to nfwer, in the tail he could. He did not confidential tht inciplt laid down by lor'd Mam Acid watntiilcd tomort weight than the opinion! iminy great i'd emL rent Judgti, whri U determined ihe other way. lin opinioia, thereforf, coo trary to the opi&ioUiprtfTcd bj hit bio thcrjudgti. Mr. Iuflice Latttnce fall, that ht dad alwayi until ihn ccflion wat agitated, confidered that the 4e ot law wli, .hat witrefi wai ticufc ltOTi nfwtting fuch que (lion I at involvet'n pecuniary inteieft, end fo think ire; he id concurred with r. ihcr Judgti It refwlp new trial moved for en thai terjr grttd. lit itli wai, thai tilt the prtlent htftion wai flatted, there had lien r.o f itna argumtnt ttpori tht futjffl, rd l sl rr luircd hit mind ranicu'atly lot ; bin upon the pre fenl (KCafion, baitltlt it Vti i!iiv io confidcr tit lobjrQ jiih tie uimoll au tam'.on ht cosi'd gtvto II, It ha J than. - . li gal hu trinion ai ttlie tut t! taw, A vai now inclit fd lopnfi.'tr (hat n wai difctec ftwm U.al Hid Utrcci! fwj. j-s.
The Wilmington Gazette (Wilmington, N.C.)
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July 22, 1806, edition 1
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