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Mitchell, of New York, professor Renwick, of CoJumbia college, and many other scientific gentlemen, to whom the plan has been developed, establish sufficiently the character of the improvement.

Mr. Cunningham has obtained a patent for his important improvement, which, we understand, be intends applying to the aqueduct now about to be canstructed in the city of New York, which, although at the head of our cities in commercial consideration, is totally destitute of good water.

Code Napoleon.

one of the first Extract of a letter from judge literary and law characters in Connecticut, in answer to a letter, accompanied with the code Napoleon, sent him in French.

I have received your present, the "code Napoleon," with great pleasure, and have read it with much interest.

"It would be difficult, in the compass of a single letter, to do any thing like justice to it. My remarks must, of course, therefore, be general. In the first place, let me observe, that there is a greater body of law contained in that little octavo volume, than in most English or American law libraries. An English lawyer-and it is the same with an American-must wade through seas of useless legal learning, while the "code Napoleon," in a single month, may, even by a merchant, be completely mastered-and yet this code has been found sufficient to regulate an empire, nearly twice the size of Great Britain. Nay, not only to regulate, but thoroughly to regulate. Law suits have been reduced to one-third of their former number, (an important fact, and, what is still more in its favor, the present ruling powers in France have adopted it.) It is now the code of France, though its author lowly sleeps in the rock of St. Helena.

"The character of this code is brevity and perspicuity. Every subject, which can become a subject of litigation, seems to be provided for, and so plainly, that little room seems left for instruction, and, what is more, any man who can read, will find no excuse for violating it.

"Having said thus much in its favor, you must not suppose I should advise its introduction into England, much less into the United States, without great alterations and amendments. To form a just estimate of the laws of a country, we must be acquainted with the people who are to be governed by them. The French and English are, in their nature, nearly antipodes. In their form, notions, prejudices, manners, habits-in short, in every thing, they differ. The question is, whether the code in question was not calculated to suit the French when made.

perished in Russia, to check the march of despotism.
And I have no doubt that the time is not far distant,
when Albion, herself, will curse the hour she chained
her illustrious prisoner to that fatal rock

"With what pleasure we can turn, from the atroci-
ties of Europe, to the just and magnanimous conduct
of the United States. Unawed by the threats of the
allied powers, she dares to take the part of the suf-
fering Greeks and South Americans. Rapidly ad-
vancing to greatness, we can, with pleasure, antici-
pate, that the time is not far distant, when the guns
of her Washington, her Franklin, her Ohio, and a
thousand others, will shake the most distant shores,
and spread the banners of freedom over the oppres-
sed world. But paper fails, and I must close after
thanking you for the valuable present of the "Napo-
leon code."

England and America.

Lord Liverpool and Mr. Canning, laid the follow-
ing before both houses of parliament on the 24th of
March:

Opinion of the emperor of Russia, with respect to the first
article of the treaty of Ghent, entered into between Great
Britain and the United States.

Having been requested, by Great Britain and by
the United States, to pronounce an opinion, as arbi-
trator, upon the differences which have arisen be-
tween those powers, as to the interpretation of the
first article of the treaty, concluded between them at
Ghent, December 24, 1814, the emperor has examin-
ed into all the acts, statements and notes, by which
the respective plenipotentiaries have made known to
the imperial department for foreign affairs, the argu-
ments which each party advances in support of his
own view of the right interpretation of the said arti-

cle.

After having maturely weighed the observations, brought forward by each party, considering that the British and American plenipotentiaries have demanded that the discussion should be brought to a close; considering that the former, in his note of the Sth, (20th), of October, 1821, and the latter, in his note of the 4th, (16th), of November following, have declared that it

upon the construction of the text of the article, as it is written, that the arbitration is to be founded; and that neither of them have referred to the general principles of the law of nations, and of maritime law, but as secondary considerations:

The emperor is of opinion, "that the question is only to be decided according to the literal and grammatical meaning of the first article of the treaty of Ghent.

I don't hesi- With respect to the literal and grammatical meantate to say, that, in that respect, there are fewer de-ing of the first article of the treaty of Ghent, confects in it, than in any other code I am acquainted sidering that the paragraph, upon the meaning of with-it allows all the liberty to Frenchmen that they which doubts have arisen, is couched in the followwere capable of. It does not, like the laws of the ing terms: United States, create freemen, nor, perhaps, ought it, until they are capable, (by being more enlightened), of becoming so.

"All territory, places and possessions whatsoever, taken by either party from the other, during the war, or which may be taken after the signing of this treaty, "But, if this code be found fault with, as prevent- excepting only the islands hereinafter mentioned, ing the march of liberty, what shall we say to the shall be restored without delay, and without causing edicts of the Holy Alliance? These are the death war- any destruction, or carrying away any of the artillerants of nations. These bring back the dark ages. ry, or other public property, originally captured in the No room is left for the amelioration of groaning mil- said forts or places, and which shall remain therein upon lions. Greece may be able again to boast of her Ma- the exchange of the ratifications of this treaty, or any rathon and Platea, but at last must be put down and slaves or other private property. And all archives, enslaved by this accursed Holy Alliance. And even records, deeds and papers, of a public nature, or bethe United States may one day feel their blasting longing to private persons, which, in the course of siroc. But hard, indeed, would be the struggle-a the war, may have fallen into the hands of the officers million of bayonets would meet them on the beach of either party, shall be, as far as may be practicatheir lives and their liberties would expire together. ble, forthwith restored, and delivered to the proper But I am growing warm. Yes, I wish, as much as I authorities, and persons to whom they respectively condemned the ambition of Bonaparte, that he was belong." Considering that, in this paragraph, the yet alive, at the head of that gallant army, which I words, "originally captured, and, which shall remain

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therein upon the exchange of the ratification of this treaty," Kentucky. The Versailles, (Kentucky), Commonform an incidental phrase, which can only gram-wealth states, that specie, at that place, commands a matically refer to the substantives, or to the matters premium of 60 per cent.; the consequence of which which precede; that, thus, the first article of the is, that silver dollars are thrown into circulation treaty of Ghent does not prohibit the contracting par- which have been hoarded up for years past. A short ties from carrying away from those places, for the time since the premium was at 100 per cent. restitution of which it stipulates, any public property, but such as may have been originally captured therein, and which may have been actually there at the moment of the exchange of the ratifications; but prohibits the removal, from the said places, of any private property whatever.

That, on the other hand, these two prohibitions are applicable only to the places, the restitution of which is stipulated for in the article:

The emperor is of opinion, "that the United States of America are entitled to claim, from Great Britain, a just indemnification for all private property which the British forces may have carried away, and, as the question relates to slaves more especially, for all the slaves that the British forces may have carried away from the places and territories of which the treaty stipulates the restitution, in quitting these same places and territories.

"That the United States are entitled to consider, as having been so carried away, all such slaves as may have been transferred, from the abovementioned territories, to British vessels, within the waters of the said territories, and who, for this reason, may not have been restored.

"But that, if there should be any American slaves who were carried away from the territories of which the first article of the treaty of Ghent has not stipulated the restitution to the United States, the United States are not entitled to claim an indemnification for the said slaves."

The emperor moreover declares, that he is ready to exercise the office of a mediator, which has already been tendered to him by the two powers, in such negotiations as they may be obliged to enter into, in consequence of the arbitration they have requested from his imperial majesty.

Done at St. Petersburgh, the 22d of April, 1822.

CHRONICLE.

Nathaniel Macon, the venerable senator of the U. S. from North Carolina, received the degree of Doctor of Laws at the late commencement of the university of that state.

George Hay, esq. has been appointed judge of the castern district of Virginia, vide St. George Tucker resigned.

State bank of Trenton. It would appear that nearly the whole of the stock and resources of this bank have been divided among a favored few! But this is only a breach of trust. Some way must be adopted to get at and punish such gentry-or the laws should be abolished that make robbery a crime.

Died, at Ashburnham, Mass. on the 25th ult. lieut. Ebenezer Monroe, aged 73. He was the first man that returned the fire of the British at Lexington, and it was believed with effect; but he himself was soon after severely wounded.

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" at Baltimore, on the 30th ult. Mr. Peter Weary, in the hundredth year of his age-for seventy-two years, a citizen of Maryland. He has left a widow, to whom he had been united sixty-three years. at New York, on Sunday last, col. Charles G. Haines, adjutant general of the militia of the statemuch regreted for his private worth and public virtues, as an ardent friend of popular rights and an able defender of them. His remains were interred with distinguished honors.

at Machias, Maine, Mrs. Deborah Larrabie aged 100 years, 10 months and 7 days.

- near Wilmington, Del. Chloe, a woman of color, supposed to be one hundred and sixteen years old. Morris Birbeck, esq. secretary of the state of Illinois, was lately drowned in crossing a stream, on his way home from a visit to Mr. Owen, at Harmony. Mr. B. was the founder of New Albion, the zealous promoter of emigration from Great Britain, and the author of a vivid description of the western country. His loss will be severely felt by the emigrants of the west. His door was ever open, and his purse was ever at the service of "the houseless wanderer."

The Thayers. Three brothers of this name, aged 25, 23 and 21 years, were executed at Buffalo on the 17th of June, for the deliberate murder of a person named John Love. Two of them left wives. It is supposed that from 20 to 30,000 persons were collected to witness the putting of three fellow creatures to death! It is a strange taste that people have, and one which we cannot suppose to be consistent with that good feeling that should abound in the hearts of men.

Mad Buffalo and Little Eagle, the two Indians who were condemned to death for the murder of major Wellborne, and others, in November, 1823, have been pardoned by the president, and set at liberty. The Prince Murat has arrived at New York, to reside magnanimity with which these Indians gave themwith his uncle king Joseph; or that peaceable gentle-selves up, to save their tribe, was not inferior to the man, Mr. Bonaparte, who lives near Bordentown, in New Jersey.

Guatimala. Wm. Miller, esq. of North Carolina, charge d'affaires to the "Central Republic of America," with Dr. Baker, secretary of legation, are about to proceed to Guatimala, via Thompson's Island.

The U. S. schooner Shark, lieut. com. Gallagher, has arrived at New York, last from Havana, after a long cruise in the West Indies, during all which no case of malignant fever has occurred on board of her. A piratical vessel is supposed to have been off the coast of North Carolina. If so, and she has not left it, we may soon expect to be better acquainted with her. The secretary of the navy promptly acted that she might be caught.

Baltimore. Two cutters are to be built in this city, for the revenue service of the United States. It is the very place at which such vessels ought to be built -and they ought also to be drafted here.

famous self-devotion of certain citizens of Calais, when that place capitulated to Edward the third.

The fifth generation. A friend, living in the western part of New-York, referring to a paragraph in this paper, in which the fifth generation living was noticed as rather uncommon, says, that his, (the writer's) grandfather is still living and "tolerably smart," and that he himself has three nephews and two nieces, who are between 20 and 30 years old, the most of whom have children-some, perhaps, 10 or 12 years of age.

Theological seminary at Princeton. Four new scholarships have been endowed since the last meeting of the general assembly. An endowment costs 2,500 dollars. The whole number of scholarships is now sixteen. The expenditures of the institution, for the ensuing year, are estimated at 6,900 dollars; the regular income at 4,901 dollars, leaving a balance of 2,000 dollars, to be provided for by the general assembly.

PRINTED BY WILLIAM OGDEN NILES, AT THE FRANKLIN PRESS, WATER-STREET, EAST OF SOUTH-STREET.

THIRD SERIES.

No. 20-VOL. IV.]

BALTIMORE, JULY 16, 1825. [VOL. XXVIII. WHOLE NO. 723

THE PAST THE PRESENT-FOR THE FUTURE.

EDITED AND PUBLISHED BY H. NILES, AT $5 PER ANNUM, PAYABLE IN ADVANCE.

Three other essays have been received from or even resolved on to do. It is all talk*-no foreign my unknown correspondent on the "right of instruc- people will be allowed to compete with the British tion," as well as a letter addressed personally to my- themselves. for their domestic consumption, except self, in answer to certain editorial remarks on the of some absolute necessity for the articles supplied-by general matter of the essays already published: that way of compromise on account of another peculiar beletter, with No. 4, of the series, is given in the pre-nefit enjoyed-or in respect to such things as British sent sheet, and will well repay the time spent in read-statesmen surely believe that their own people can ing and considering it, to those who are willing to ex-produce or furnish, in greater perfection and at more amine the subject and ascertain the principles by reduced prices, than any other people can do. which it ought to be governed. To this letter I shall The following cases may shew what is meant by hereafter offer a rejoinder, and maintain the opinion "free trade" in the British commercial nomenclature. heretofore expressed, that the "right of instruction" It was very lately found necessary, or throught expedoes exist, "and must necessarily exist and ought to be ex-dient, to re-sheathe two Baltimore vessels with coperted" in numerous cases, though I cannot believe that per, at Liverpool; and the masters or agents of them it is absolute and should be arbitrary in all. It ap-wished to dispose of the old copper in part payment pears to me that it ought to prevail in matters of opinion, but it may not operate in matters of principle; for, po verful as the people are and should be, though they are the beginning and the ending of legitimate authority, there is no right in them to dictate to the conscience, or dissolve the obligations of an oath. It is admitted, that it may sometimes be difficult to draw the line between opinions and principles; but the settlement of it may be safely trusted where it is--in the hands of the people, by virtue of the ballot, which has in it a power that would laugh an appeal to the bayonet to scorn. And it always will be so, until brute-force has subjugated the dominion of

reason.

I shall take up this subject and endeavor to shew what are my notions of the "right of instruction." Perhaps, they may be generally understood by stating two cases:

1. If I had been a representative in congress when the proposition was made to renew the charter of the bank of the United States, and believed that that institution had been legally established-I would have voted for its continuance, if made duly sensible that such was the will of a fair majority of my constituents, notwithstanding I myself might have thought it most expedient that the corporation should cease. The difference between them and myself I would call, in this case, a difference of opinion-and, therefore, give up my own opinion to that of my constitu

ents.

2. But if I had been in like manner called upon to vote for the establishment of this bank, I would have rejected the right of instruction, for the reason of my obligation to support the constitution of the United States, and my serious belief, within the secrets of my own heart, that the said constitution does

not authorize the passage of acts of incorporation by congress-and further, because that it should not. This I regard as a matter of principle, and reason and common sense tells me that no human power can

have a right over me in a case of conscience. I may be in error-so may all the different religious sects in certain parts of their belief; but heaven forbid that any man or body of men shall have power to declare what others shall believe!-or interfere in what

is an affair between them and their Gop.

BRITISH "FREE TRADE!" We have several times attempted to put our fellow-citizens right in the real meaning and intention of Mr. Huskisson, as to what he proposes to do, that "commerce may be relieved of its shackles"-for many in the United States have been greatly deceived by the pretty things which he has raid, without paying regard to that which he has done,

Vor XXVIII.- 29.

for the new. This was not allowed in either case. In
respect to one of them, it was known that her old
copper was manufactured in the United States--and,
though it was perfectly clear that it had not been
brought to England for sale, it would have been
thought as reasonable to have asked the king to give
up his throne, or a bishop his "living," as that this
article, (then only a raw material), which had undergone
a manufacturing process in the United States, might
be newly manufactured and used in England: it was
under perpetual condemnation, and peremptorily
ordered away. As to the other vessel, her old copper
was, probably, British; but, as the captain could not
positively swear that it was, he no more was permit,
ed than the former to exchange it for new.
dared not sell it for one cent per lb. or even give it
away, for British consumption.

He

If a citizen of the United States, being in England, and having a coat, the sleeves of which were lined with American cotton, was to wish those sleeves re-supplied by new ones, he could not give the old stuff to a chamber-maid for a dusting cloth, without making himself liable to the pains and penalties of the laws against smuggling.

The cases of "free trade" just above referred to, need no comment. They justly represent the British system-a system to which the British statesmen adhere with the greatest tenacity, but modestly recommend that no other people should venture to think upon it as being consistent with sound policy and the liberal spirit of the age!

A CHEERFUL AND EXHILIRATING COMPLIMENT.

Europe, Christmas day, 1824. To H. Niles, editor of the Weekly Register,?

Baltimore.

tive citizen of the United States, and inherit that spiSIR-I introduce myself by stating that I am a na

*An Indian, in what then was the western wilds of New York, very much wishing to have his full of cider, set his wits to work to get it. He proceeded to the house of a missionary, or minister, and, placing himself near the door, began "Moses, Abraham, Joshua, Isaac, Solomon and Aaron," and kept on repeating all the scripture-names that he could recollect to have heard of. He was asked by one of the inmates of the house, "what he was doing;" "talking scripture," returned the Indian; what do you mean by that? "Go cider," replied the honest son of the forest. Mr. Hu kisson talks about free trade pretty much after the manner that the indian "talked scripture;" but he will not let us know he only means that the British may have much trade with other people--or, get plenty "cider," of other men's making.

rit of liberty and love of country that actuated my forefathers; perhaps almost in an enthusiastic degree-partly excited by daily witnessing the despotism and misrule with which I am surrounded. I wish it were possible, or practicable, for every citizen of the United States to pass one month in any part of continental Europe. He would turn from the scene with disgust, and learn how dearly he ought to estimate the blessings that his own free government confers upon him. If any ask why I remain in the midst of so much wretchedness? I reply, that I hold an office in the service of my country.

From this spot I seem to have a bird's-eye-view of the whole United States, and witness, with pride and delight, the signal prosperity of the great family of which I am a member. Their public improvements of every description-steam-vessels, canals, manufactories, roads, bridges, public buildings, &c. &c. from Maine to Florida, and from the Atlantic to the Lakes--all equally and warmly interest me. Nothing cures sectional prejudices like a residence, for a few years, in a foreign country.

The immediate object of this letter is to thank you for your great and successful exertions in the cause of liberty, and, more particularly, for guarding, like a faithful sentinel, the rights and privileges of the people of the United States, from innovations of every kind.

I have long been a subscriber to the Register, (unknown to you): but I would fain express my gratitude, for your eminent public services, by offering | a cask of the juice of the grape, of which I beg your acceptance. Perhaps a cheerful glass of it, now and then, may exhilirate you, (more than if it was bought with gold), to persevere in the glorious cause in which you are engaged.

I wish you many years of health.

The preceding letter is without any signature except some initials, which could not lead to a discovery of the author's name. It was mailed at Boston, but not marked "ship," and I was perfectly at a loss to conjecture from whence it came, or what I should do to obtain the "juice of the grape," if forwarded, as the gravity and discretion shewn in the letter itself made me conclude that it had been. And so things remained for 10 or 12 days, when I was informed that the cask was in this city, and would be sent to me free of expense for freight, duties or transportation. It has since been received, and it is needless to add that the wine is of a superior quality; and if it shall be the lot of the generous donor again to tread the soil of his beloved country and visit Baltimore, he will add much to the obligation already conferred, by taking a glass of it with me. In the mean time, I will heartily drink his health and prosperity, with that of every other American abroad, whose heart is warmed when he mentally hears the voice of gladness and the song of triumph resounding in the "home of the free," or in like manner beholds the mighty march of intellect with power, in his own dear native land.

AFLAIRS OF THE CREEKS There is one part of the documents laid before the legislature of Georgia, which, being complete in itself and separated from the great mass of papers transmitted, we have thought proper to publish. The strange and unnecessary language used by gov. Troup, in all matters connected with his transactions with the general government or concerning the Creeks, has led many to suspect the sanity of his mind--so destitute is his communication of that degree of courtesy and respect which

*I dare not publish the remainder of this paragraph. I am truly thankfel for the honorable, and, no doubt, sincerely good opinion of the writer of the letter, and wish that I deserved all his kind expressions of regard for my labors.

should always prevail in official correspondences, however firmly either party may be resolved to maintain the respective stands they have taken-but the governor has only been in a passion: he ought to have recollected, however, that the people were quite cool, and rather prepared to smile at his big swelling words, than, to use his own polite saying, "be frightened by an angry look." Napoleon, at the head of a million of men, would not thus have scattered hard words. Whether the governor is right or wrong in the principles which he has assumed, will be dispassionately judged hereafter-we have no present opinion to offer on them: but it is self-evident that, for the manner in which he has acted, almost every body severely condemns him. Indeed, he seems to admit his determination to quarrel about something, by intimating that he himself may "be in the way of that peace and harmony which ought to exist between the state and the general government." Peace and harmony "ought to exist" only on proper and just grounds; and what then is the inference that must be drawn from the hint that his retirement from office might bring about "peace and harmony?" He cannot suppose that the last and present administrations of the United States have, on his personal account, been opposed to the rightful wishes of the people of Georgia, or the justice of their claims; and we must, therefore conclude that it is he himself who will not encertain, unless yielded at his own imperious command, such measures as would lead to "peace and harmony" between the government of the state and that of the union. It is not creditable to our country that such things have happened-but they are a part of the tax which must be paid for the liberty that we enjoy. And as we have, in obedience to the injunction of WASHINGTON, "indignantly frowned" on the "dawning of an attempt to alienate one portion of our country from the rest" in the east, we cannot do less than reprobate the less reasonable design which appears to have entered the mind of gov. Troup, and a few others, to alienate the affections of the people of the south, by alarming them with a phantom more preposterous and absurd than ever entered the mind of man in what has been comically called "the nation of New England." It is folly-it is worse than folly-it is against every dictate of common sense, built upon experience and the actual progress and prospect of things, to believe that the people of the "free states," as certain of them are termed, can have any interest or desire about "slavery or no slavery," in the south, as the phrase is used, unless as patriots, aiming at the welfare of the whole union-for IT IS ORDAINED, that free laborers must profit, whenever and whereever the product of their industry comes into free competition with that which is brought into a common market by the laber of slaves. We have already dropped a few remarks on this subject, and will demonstrate the force of them by "obstinate figures" on some future occasion, with reference to the progress of population and wealth in the different sections of our country-and also shew the transfer of political power. The last is not worth quarrelling about, even if any one was disposed to meddle with the constitution in respect to it-which we do not believe is the case. It will settle among and abide with the free people of the union, let them be located where they may. It cannot long be maintained any where else, unless by inverting the order of nature, and the established principles of all things: And it is, undoubtedly, the pecuniary interest of the people of the "non-slave-holding states," that other members of the union should abound with slaves. This assertion is capable of demonstration, or the facts which experience, in all ages, has furnished, are good for nothing.

LAFAYETTE. The "Whitehall boatmen" have presented to the general their famous race boat &Ameri

can Star," with a request that he will take it with him to France, to remind him "of the grateful friends he shall have left behind, of the ingenuity of the mechanics of a country which he assisted to liberate, and also of our great naval motto, "free trade and sailor's rights." The "nation's guest" accepted the gift with his usual courtesy, and with the thanks of a veteran, heartily devoted to the great naval motto, "free trade and sailor's rights."

MR. CLINTON. We have accounts of the arrival of this distinguished gentleman in Ohio. He has been received with national salutes and civic honors, after the manner in which the people have shewn their gratitude to the "nation's guest."

has already been written and published concerning the commodore's case, and that it would be far better if it were suffered to 1st where the laws have placed it, until the time shall arrive when the people will be enabled to make up an opinion upon it, having "a view of the whole ground." Perhaps, no matter, at any former period, when under judgment in the United States, has been more improperly brought into public discussion. Every body is deeply interested in the fate of com. Porter-but all are more interested in preserving the law, and maintaining that degree of discipline without which the navy must fall to pieces like a rope of sand. We are not prepared to pass any opinion on the proceedings already had, or those which are now taking place, and, even if we thought that we were, we should deem it indecorous to do so, at present. The people have no concern with any personal feeling that may prevail, on one side or the other—it is public justice that alone interests them, and they will render it, when advised of the facts, without respect to persons, though it may be with regret. The case is in the hands of honorable men, and it is their duty to ascertain the merits of it, and declare whether the commodore is guilty or not guilty of the charges made against him-when judgment is Captain Porter was asked if he had any objections rendered, the people may understandingly revise the to make to any member of the court-but he only proceedings, if they please; but until then, a rightful objected to the judge advocate, because that his ori- degree of respect for the accused and the court, ginal appointment had not been legal, and for the should forbid every partial exposition of the proceedreason that he had expressed an opinion on the sub-ings or comments upon the nature of the case in geject. After consultation, the court decided against neral. the power of the accused to challenge the judge advocate.

COM. PORTER. The court martial for the trial of this distinguished officer met at the navy yard, in the city of Washington, on the 7th instant, and has since been daily engaged in hearing the testimony of sundry persons relative to the charges preferred.

The court consists of captains Barron, (president), Tingey, Biddle, Ridgely, Spence, Downes, J. D. Henley, Elliott, Renshaw, Brown, Thompson, Wadsworth, and G. W. Rodgers-R. S. Coxe, judge advocate.

After the usual oaths had been administered, the charges and specifications were read by the judge advocate:

It is stated that, when the present general naval court martial shall have decided on the case of commodore Porter, it will continue its sittings for the trial of com. Stewart, lieut.com. Carter and lieutenant Hunter, on charges to be preferred against them. The first charge is, disobedience of orders and con- Mr. Prevost, who had been ordered home from Chili, duct unbecoming an officer; and the specification al-as a material witness in the case of com. S. is supposleges that captain Porter, in violating the territory of ed to be deceased. his catholic majesty, the king of Spain, by landing troops, in a hostile manner, and by committing divers acts of hostility there, acted in contravention of the constitution of the United States and of the laws of nations, as well as in opposition to his instructions.

COTTON. Liverpool accounts of June 4-Only 1,920 bales were sold during the week. Imports up to June in the present year, 283,096 bags-in the same period last year 216,548-excess 66,548 bags. Uplands 164 to 19d. Orleans 17 to 21; Tennessees and Alabamas 171 to 191.

The second charge is, insubordinate conduct, and conduct unbecoming an officer; and the various specifications embraced in this charge, allege that he has written and sent letters of a disrespectful character FLOUR. A letter from Valparaiso dated March 31, to the president of the United States and to the secre-says-"The market for flour on this coast is low betary of the navy, by which he has violated the respect due from officers to the head of the department, and has deranged the discipline of the navy: that he has published a pamphlet of the proceedings, before such publication was authorized by the executive; has given to the world partial and incorrect statements of the proceedings; and has also published official communications to the government, and correspondence of an official character, and orders and instructions which he has received from the depart

ment.

Walter Jones, esq. on leave asked and obtained, appeared as counsel for com. Porter, who was additionally allowed a clerk to take minutes of the proceedings. The editor of the "National Journal" is also taking them down and publishing the evidence as it is given:* but we think that a great deal too much

*The object of the editor of the "National Journal" was simply to convey to his readers an account of the trial as a matter of intelligence-but we are not displeased to observe that the court has interferred and prohibited the further taking of notes for present publication in the newspapers-considering that such publications are without precedent, and were improper, because they enabled witnesses to make themselves fully acquainted with the testimony of those who preceded them, while, by a rule of the

yond example. It is supposed that at least 1,000,000 dollars will be lost this year on American account on this article. At present, it will not net the first cost, and at Charillos, (which is now the sea-port of Lima, while Callao is blockaded), 50,000 barrels are afloat, and much of it must be thrown into the sea. I hand you an extract from one of the most respectable American houses in Lima, to a merchant of this place, dated late in January: "For God sake, let no more flour come down to Lima, if it will bring with you one dollar per barrel on board; here it must be a total loss."

court, the witnesses, to be examined, were uniformly excluded during the reading of the testimony which had been previously taken, &c. Some have objected to this decision, as infringing the liberty of the press, about which we are as jealous as any other can easily be. One of the reasons assigned is not, perhaps, very important, because the examination of the witnesses is not made in secret-but it has always been thought proper, except in a few solitary cases, that the proceedings of a court, affecting the property, reputation or life of an individual, should be withheld from the public, until all the facts and circumstances could be laid before the people- and for this manifest reason, that public feeling ought not to pass the precincts of a court, for or against one accused.

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