On the first point, among other things, the court / minute enquiries among all the Indian nations, in say "However such bills may have been consider- the neighborhood of Lake Huron, as well as among ed in other states, there has never been but one all the other different Indian tribes throughout opinion on this subject, in this state. Indeed the the Canadas, I have received the most positive asprinciple was considered so well settled, that on surances that there is not a single instance of an the trial, until a different opinion was found im- American citizen being held in captivity among portant to the event of the cause, the council con- them. curred that there could be no doubt about it. And it cannot be expected, that we should vary our prac tice, and change our opinions with the varying and conflicting opinions of other states. On the second point, it is laid down, that-"The English law has been received in South Carolina in Its full extent, and may be considered as constitut ing a part of the common law of the state"-and the practice is said to have been uniform on the necessity of a protest. Prisoners with the Indians. FROM THE GEORGETOWN (KENTUCKY) PA RIOT. We have been furnished, for publication, with the following letters, received by col. R. M. Johnson from the acting secretary of state, on the subject of the American citizens who were made prisoners in the late war, and were supposed to be held in captivity, by some of the Indian tribes in the neighborhood of Lake Huron. From the enquiries that appear to have been made upon the subject, we are induced to believe, that the representations made to our government were incorrect, and that but few, if any, of our citizens who were captives in the late war, remain with the Indians. These enquiries have been made by our own offi. cers and agents, upon whose diligence to discover such a fact, and on the correctness of whose information I can confidently rely. I am therefore satisfied, that upon your representation hereof, Mr: Monroe will be convinced both of the inaccuracy of the statement made to him on the subject, and of my desire to have discovered and redressed the grievance, had it existed. I have the honor to remain, &c. &c. The right hon. C. BAGOT. Origin of Trials by Jury. From the charge of the chief justice of the province of Lower Canada to the grand jury of that district. In the administration of justice in criminal cases, our law has wisely provided for the accusation and trial of every culprit by his peers; and with a view to his protection against the possibility of oppression, has rendered the indictment of a grand jury, and the verdict of a petit jury, alike indispensably necessary to his condemnation. The trial by jury in civil cases, is undoubtedly of great antiquity, of an origin so remote, that the earliest accounts of the northern nations of Europe, in which it appears to have been almost universally in Departmant of state, September 16, 1817. SIR-I have received a second letter, dated 12th practice, affords us proof of its existence.-But the of this month, from the British minister on the sub-previous accusation of suspected persons in crimi. ject of American citizens who were made prisoners nal cases, by one jury of twelve or more of their fal in the late war, and were said to be still held in low-subjects, and a subsequent trial thereupon, by a captivity by some of the Indian tribes in the vicinity second jury of twelve others, is a course of proceed. of Lake Huron. Of this letter I beg leave to en-ings which seems to have been adopted in England close you a copy, together with the copy of one only, and to have arisen, with the great principles which was enclosed in it, from the governor general of her constitution, out of events and circumstances peculiar to herself. of Canada to Mr. Bagot. I have the honor to be, with great respect, yours, Hon. R. M. JOHNSON. In the Saxon government of England, we find the origin of grand jury: the counties were then divided into hundreds, which were again subdived into decennaries; of the former each contained within its limits one hundred families; of the latter, each contained ten. It was required of every man Washington City, September 12, 1816. SIR-In reference to my letter of the 15th of that he should be enrolled in some decennary, and March last, I have the honor to enclose to you the those who were not, were considered if not as of copy of a letter which I have this day received fenders, at least in the light of suspected persons, from his excellency the governor general of Canada, and as such were committed to custody, until some acquainting me with the result of his enquiries up. decennary should receive them, and thereby be. on the subject of the American citizens who were come pledges for their good behavior; every mem stated to be still held in captivity by some of the In-ber of the subdivisions being security to the crown dian tribes in the vicinity of Lake Huron. It is very satisfactory to observe, by the enclosed letter, that every means have been taken by sir John Sherbrooke, for the proper investigation of this affair, and that there is the fullest reason to believe that the representations made upon the subject, to the American government, were incor for the conduct of the others, and bound that all and every of them should keep the king's peace should be in all respects of good behavior and should abide by the enquiries and awards of justice. To ensure the effect of this obligation, the sheriff of each county, as the guardian of the public peace within its limits, perambulated his bailiwick twice in every year, and in each hundred held his court or torn: an appellation which in England is now perhaps obsolete, but which the annual tourne of the courts of law in this province renders still Before this officer familiar and intelligible to us. in every hundred were impannelled twelve men summoned from the several decennaries of which the hundred was composed, in such manner that one at least was returned by each of them. This inquest investigated the state of the hundred, in quired into the conduct of its members, and upon specific articles of charge referred to them by the sheriff, or by their own presentment, accused all who had been guilty of offences. Saxon times: enlarging upon the benefits which followed from keeping the peace and good order, noticing the violations of the laws which had been committed within the county, and requiring the In consequence of the Norman conquest, the whole assembly to give every assistance in their torn of the sheriff, so far as it related to criminal power for the discovery of all offences and offendcases was superseded by the appointment of jus-ers. The jury was then informed, that if they knew tices in Eyre, who made circuits through the whole of any suspected persons, they were bound instantly kingdom, and held their court in each county, where to cause them to be apprehended, if they could be they took cognizance of every crime committed found, if not, to convey their names to the justices within its precincts. in a schedule privately; that they might not escape To this court in Eyre, the practice of the sheriff's but be secured. The jury then proceeded to en. jurisdiction was transferred, and the king's sub- quire into all the matters contained in the charge and jects were as before called upon to assist his judges, articles of inquiry, and presented all whom they in the detection of offenders against his laws; but judged to be offenders upon their own knowledge the jury which was thus summoned, in consequence for upon evidence. The accused was then put to of the courts being held, not merely for the hundred plead, and if he denied the charge after hearing him in which it met, but for the whole country, was very and his witnesses, it was recommitted to the jury, greatly augmented in number.-The bailiff or chief who were desired by the justices to reconsider their peace officer of each hundred was first sworn to accusation, and upon a review of the subject and of choose four knights out of his hundred, and these all that was connected with it, to say by a free detook oath, that they would faithfully elect twelve claration, or verdict, whether in fact he was guilty, other knights, or if knights could not be had, or not guilty, and according to their verdict, he twelve "good and lawful free-men," not suspected was acquitted or condemned. of the death of any man, or of breaches of the peace, The danger of submitting to the same persons, or other offences, but qualified to despatch the the power of accusing and the power of deciding king's business; and by these means a jury was im-upon the validity of their own accusation, being Pannelled, composed of twelve jurors for every hundred in the county. soon particularly illustrated, suggested not only the expediency but the necessity of a second disIt is material to observe, that the finding of the tinct and independent jury, and from hence, (to the jury, was not in the Saxon nor in the Norman period exclusion of all the preceding modes of trial) arose of English history conclusive against any who were the petty jury or jury of trial in criminal cases.accused by it. In the Saxon period, the person in- In contradistinction to the grand jury or jury of dicted was discharged in minor offences upon his accusation, the title of the petit or smaller jury, own oath of his innocence, and the oaths of an in-which in imitation of the canonical purgation to determinate number of his friends and neighbors, which it succeeded, was composed of twelve persons who vouched for his credit, and swore to their be- and the title of the grand or greater jury, which lief that he had spoken the truth.-In major offen- though afterwards reduced to twenty-three, was ces, by a successful appeal to the judgment of Hea- then a very numerous body, being derived from the ven, by the ordeal of fire or water. In the Norman superiority of the one, and the inferiority of the period, the ordeal was succeeded by the trial by other, in point of numbers. battle, which though equally uncertain and equal- In this brief summary, we can trace the princi. ly impious, was more consonant to the martial spi-ples of the duty of grand jurors at this day in many rit of the age; and the Saxon purgation by the oaths respects. of an uncertain number, was succeeded by the ca. nonical purgation, as then practised in the ecclesiastical courts, by which the oaths of twelve persons, at least, selected by the accused and sworn to their belief of his innocence, were required for his exculpation. The trial by battle declined as the influence of the clergy increased, while the cannonical purgation fell rapidly into disrepute and disuse, from the vast complication of perjury and subornation of perjury to which it gave rise, and to these modes of trial (if they deserve that name) succeeded in the courts in Eyre another course of proceedings, which as it is evidently the origin of our present practice, and has been accurately preserved to us, deserves a more particular attention. Cruise of the Essex. FROM THE SALEM GAZETTE OF OCT. 17. It is interesting to trace the steps of our fellowmen, of whatever rank or character, through extraordinary adventures, perils or sufferings Capt. Page, who was lately, in the ship Indus, of this port, at Nooahevah in the south sea, the scene of Capt. Porter's warfare with the Typees, has related to us the following distressing account:-That at that place five of Capt. Porter's men stole a boat, and deserted, probably intending to harbor about among by-places till the departure of the American expedition should enable them to return and take up their abode for a time with the natives.-But whatThe commissions from which the justices deriv-ever might be their plan, it was soon overthrown ed their authority being first openly read and the by an act of Providence. They proceeded first to Jurors being elected, as the twelve of each hundred a small island or cluster of bare rocks, called the appeared. The first juror took an oath in the fol- Hergest rocks, their heads just peeping above wa lowing words: "Hear this ye justices, that I will speak the truth of that which you shall command me on the part of our lord the king, nor will I for any thing omit se to do, according to my ability, so help me God, and these holy gospels." The remaining eleven were then sworn each in the following words: "The oath which he (John) here hath taken, I will keep on my part, so help me God, and these holy gospels." The justices then read to them the charge and articles of inquiry, as in the ter, and which produced no edible substance for man or beast: this, however, they concluded to make their resting place for the night, and accordingly anchored, and went ashore to sleep; but be. fore morning a wind arose, which dashed their boat to pieces against the rocks, leaving them no means of return. Here then they were obliged to remain, and endeavour to live as it were upon nothing: one of them, after a while, attempted to swim towards The deep immediately surrounded the castle. Nooahevah, but was soon devoured by the sharks; General La Fayette. It cannot be uninteresting to any American to hear of the felicity enjoyed by La Fayette in the shades of retirement. Amongst all the interesting scenes presented to us by the lively pen of lady MORGAN (formerly Miss Owenson) in her account of a late visit to France, none has more attraction for us than the following notice of the distinguished [Nat. Int. friend of liberty and of America. cross and his order worn, as proudly as when he had issued forth at the head of his pious troops, against the "paynim foe," or Christian enem. Such was the group that received us in the saloon of La Grange; such was the close knit circle that made our breakfast and our dinner party; accompanied us in our delightful rambles through the grounds and woods of La Grange, and constantly presented the most perfect unity of family interests, habits, taste, and affections. We naturally expect to find strong traces of time in the form of those, with whose name and deeds we have been long acquainted; of those who had obtained the suffrages of the world, almost before we had entered it. But, on the person of La Fayette, time has left no impression; not a wrinkle furrows the ample brow; and bis unbent and noble figure is still as upright, bold, and vigorous, as the mind that informs it. Grace, strength, and dignity still distinguish the fine person of this extraordinary man; who, though more than forty years before the world, engaged in scenes of strange and eventful conflict, does not yet appear to have reached his climacteric. Bustling and active in his farm. graceful and elegant in his saloon, it is difficult to trace, in one of the most successful agriculturists, and one of the most perfect fine gentlemen that France has produced, a warrior and a legislator. The patriot, however, is always discernable. In the full possession of every faculty and talent he ever possessed, the memory of M. La Fayette has all the tenacity of unworn youthful recollection; FROM LADY MORGAN'S "FRANCE." General La Fayette has not appeared in Paris, and, besides these, high views of all that is most since the return of the Bourbon dynasty to France. elevated in the mind's conception. His conversaAnd I should have left that country, without hav- tion is brilliantly enriched with anecdotes of ail ing seen one of its greatest ornaments, had not a that is celebrated, in character and event, for the flattering invitation from the Chateau La Grange last fifty years. He still talks with unwearied deenabled me to gratify a wish, long and devoutly light of his short visit to England, to his friend cherished, of knowing, or at least of beholding, its Mr. Fox, and dwelt on the witchery of the late illustrious master. Introduced by proxy to the Duchess of Devonshire, with almost boyish enthuHe has made family of La Fayette, by the young and amiable siasm. He speaks and writes English with the same princess Charlotte de B***, we undertook our elegance he does his native tongue. journey, to La Grange with the same pleasure as himself master of all that is best worth knowing, the pilgrim his first unwearied steps to the shrine in English literature and philosophy. I observed that his library contained many of our most emiof sainted excellence. In the midst of a fertile and luxuriant wilder-nent authors upon all subjects. His elegant, and ness, rising above prolific orchards and antiquated weil chosen, collection of books, occupies the highwoods, appeared the five towers of La Grange est apartments in one of the towers of the chateau; Blessneau, tinged with the golden rays of the and, like the study of Montaigne, hangs over the setting sun. Through the boles of the trees ap. farm yard of the philosophical agriculturist. "It peared the pretty village of Aubepierre, once, per- frequently happens," said M. La Fayette, as we haps, the dependency of the castle, and clustering were looking out of the window at some flocks near the protection of its walls, A remoter view of which were moving beneath, "it frequently happens the village of D'Hieres, with its gleaming river and that my inerinos, and my hay carts, dispute my atromantic valley, was caught and lost, alternately, tention with your Hume, or our own Voltaire." He spoke with great pleasure on the visit paid in the serpentine mazes of the rugged road; which, accommodated to the grouping of the trees, wound him at La Grange some years ago, by Mr. Fox and amidst branches laden with ripening fruit, till its General Fitzpatrick. He took me out, the mornrudeness sullenly subsided in the velvet lawn that jing after my arrival, to show me a tower, richiy covered with ivy. "It was Fox," he said, "who planted that ivy! I have taught my grand-children to venerate it." rise the establishment of majorats for the heredi tary peerage. A majorat is a hereditary fief. No The chateau La Grange does not, however, want peers, ecclesiastics excepted, who has not previperson is in future to be called to the house of other points of interest.-Founded by Louis Le ously obtained the king's authority to form a maGros, and occupied by the princes of Lorraine, the jorat. mark of a cannon ball is still visible in one of its viz. those attached to the title of duke, consisting There are to be three classes of majorats, towers, which penetrated the masonry, when attack- of property producing not less than 30,000 frans ed by Marechal Turenne. Here, in the plain, but annually; those of the title of marquis and count, spacious, salon-amanger, the peasantry of the neigh- producing not less than 20,000 francs; and those bourhood, and the domestics of the castle, as- attached to the title of viscounts and barons, prosemble every Sunday evening in winter, to dance to ducing not less than 10,000 francs. Thus the king, the violin of the concierge, and are regaled with by his own personal command, without the concur cakes, and cau sucree. The General is usually, and rence of either chamber, makes regulations of the his family are always, present, at these rustic balls. greatest importance. The young people occasionally dance among the A letter from Paris to the editor of the Columbi tenantry, and set the examples of new steps, fresh-an, says-The newspaper called the Constitutionel, ly imported by their Paris dancing-master. edited by a society of gentlemen of the highest li In the summer this patriarchal re-union takes terary acquirments, and perhaps the best edited place in the park, where a space is cleared for the daily paper in the world, was suppressed on the purpose, shaded by the lofty trees which encircle 16th ultimo, because (as is reported) in giving an it. A thousand times, in contemplating La Fayette, account of the pictures exposed in the gallery of in the midst of his charming family, the last years the Louvre, and speaking of those of Isabey, it of the life of the Chancellor de l'Hopital recurred was said, "We have observed among the most beau to me,-he, whom the naive Brantome likens to Cato; and who, loving liberty as he hated faction, retired from a court unworthy of his virtues, to his little domain of Vignay, which he cultivated himself, &c. &c. Foreign Articles. ENGLAND, &C. The British affect great surprize that the United States, in a time of profound peace, are exerting themselves to build a few ships of war; and some of them, very tenderly, seem disposed to think that the cause ought to be enquired into. It is a fact, that Great Britain is now giving her numerous ships a complete overhaul, and is building many new vessels. What would these folks say, if we, in return, should modestly demand why she is doing so? "It is a bad rule that will not work both ways." A most extraordinary depression has taken place in the value of exchequr bills and India bonds, the former having fallen from 84s. to 21s. prm. and the latter from 126s. to 75s. prm. Greenwich Hospital.-The Hospital and Chest, notwithstanding the immense claims made upon them, have been able to accumulate in the funds no less than £3,760,000 3 per cents. Since 1814, a system of registry of seamen has been adopted, and of the 32,000 out-pensioners now on the books, not less than from 12 to 15,000 are capable of active service afloat, and a further number might be found useful for shore or harbor service. The committee recommend government to pay a minute practical attention to the operation of this part of the system. The Tavistock canal, forming a communication with the Temar, and which was commenced 14 years ago having cost £70,000, was opened on the 26th Aug. A numerous company of between 3 and 400 persons, in boats constructed of sheet iron, pro ceeded through the tunnel a distance of a mile and three quarters under ground, beneath a canopy of solid rock, t a depth of 450 feet from the summit of the hill, accompanied in their dark passages by songs and music. The duke of Bedford has very liberally contributed to this service. Liverpool, Sept. 16.-Am. flour 45 to 46s, per bbl. FRANCE. tiful designs, the picture of a child, bearing in his hands a very large bouquet of roses. The associa tion of these beautiful products of spring with the graces of infancy, excites the idea of hope in the mind. In the midst of the bouquet, the artist has placed some beautiful violets, which has given to the whole a most cheerful effect. These flowers are known in Germany by the name of wergiss mein nicht-do not forget me." is supposed to be the rallying point of the Bona[The violet, with the motto "do not forget me," partists-and government seems to tremble at the mention of any thing that belongs to him.] muted to 10 years imprisonment, has received a Gen. Debele, whose sentence of death was comfree pardon. SPAIN. The new system of taxation in Spain very properand the monks have began to preach against itly affects the revenues of what is called "the church," some of them have been arrested for interfering with the temporal authority. So far Ferdinand is right, and we wish him success. NETHERLANDS. secution of the Ghent Journal, and adjudged to GERMANY. which took place on account of the arrest of some Breslau, August 23.-In consequence of a riot citizens, whom it was attempted to set at liberty, and respecting which the particular details are not known, the government issued a proclamation, as follows: nor suffer any of the inmates to go out without all persons under their care remain at home. main shut, and the sale of strong liquors not allowed ther in the streets, nor may single individuals stand 4. No more than three persons may stand toge be driven away by force of arms, and no regard paid still there. Whoever transgresses this order will to his life. The Moniteur contains a royal ordinance, dated the 25th of August. The object of it is to autho-persed by the unreserved employment of artillery. 5. Every large collection of people will be dis. The military will, for this purpose, use their full power.Every one has to observe this, and to ascribe to himself alone the inevitable consequences of his disobedience. RUSSIA.. We hear that gen. baron Zuyll is to be succeed Mr. Daschkoff, as minister to the United States from the court of Russia. ra Cruz, and it was said he had obtained possession of one of the mines. The failure of the attack by gen. Morillo on Margaretta, has already been mentioned. It appears that he was completely defeated: the patriots led him into an ambush, killed 600 and wounded many more of his men, in a very short space of time, and threw his forces into such confusion that many A princess of Prussia who was to be married to a were drowned in regaining their vessels-others brother of the emperor, was received with great fled to the mountains, where they perished. The great pomp at St. Petersburg-she was escorted in-victors were employed three days in securing the to the city by 40,000 soldiers. But the marriage ammunition and stores abandoned by the royalists. could not take place until the lady changed her reli- “Perish the invaders!” gion-and she fainted twice in going through the ceremony of renouncing her former faith. Thus every thing bends to "legitimacy." The emperor has lately increased the pay ofhis soldiers, and is very attentive to his army. He is also building a number of 74's and frigates. Russia is negociating a loan in Germany. SWEDEN. While in Margaretta, the infernal Morillo destroyed every thing that came within his power-he murdered 14 of the inhabitants, who offered submission, with his own hand, and caused 400 women and children to be thrown into the sea. The vil lian yet lives-but heaven is just. St George's, Grenada, August 9.-In the course of yesterday and this morning, the greater part of a Two of the Swedish literati, Dr. Bugellen and Spanish royalist squadron, consisting in all of 17 professor Irah, have been sentenced to imprison-sail, arrived here from the Oronoke commanded ment, one for life, for having drank the health of by brigadier de Torres, in the corvette Mercia.Gustavus Vth, as king of Sweden.-The Gusta- It appears that the Royalists have been compelled vus alluded to is the son of Gustavus-Adolphus who to evacuate Augustura, and four vessels of their abdicated the throne in 1809-he is the nephew of squadron are said to have been captured by the the empress of Russia, and now educating under Independents. her care, and about 18 years old. The present king of Sweden is about 70 years of age, and when he dies it is probable the Bernadotte, the "crown prince" will be dismissed to make room for the young Gustavus. HUNGARY, A baker's boy nineteen years of age, convicted in Hungary of having seven times committed the crime of arson, has been condemned by the Tribunal of the county of Eissinburg to be burned alive! ST. HELENA. Kingston, Jam. Sept. 9.-We are authorised to state that his majesty's sloop Tyrian will sail on Wednesday morning next the 17th inst. and will afford protection to whatever merchant vessels, laden with British manufactured goods, and bound to Carthagena and Santa Martha, which may be in readiness to take advantage thereof. FLORIDA. We have nothing importaint from Amelia island— where there now appears to be a respectable force, well organized. The design seems manifest that. those who hold it mean to keep it merely as a place of deposit. CHRONICLE. A letter from St. Helena, published in a London paper, says "Madame Bertrand continues the same gay creature as ever. She was brought to bed a few days ago. Bonaparte paid her a lying-in-visit. -She took her child in her arms, and presented it to the ex-emperor, saying, "Sire, I have the plea- The PRESIDENT has returned to the seat of gosure of shewing you a great curiosity-in a word, vernment from a short visit to his estate in Viran unique-the first stranger that ever was allowed ginia. to approach your majesty in this island, without permission from the governor, or an order from the secretary of state." Bonaparte was quite pleased at the bon mot, and laughed heartily. BRAZIL. Major Gen. Scott has gone to West Point, where a strict scrutiny will be made into the conduct of the officers of that institution. Flour at Baltimore, Oct. 21-$8.25, in "county bank paper"-about 88 "Baltimore money." Whiskey, 66 to 68 cents. A vessel belonging to Bristol, R. J. has been brought in by the revenue cutter, on the ground of having increased her armament after leaving the A Paris paper says-A private letter from Bahia, dated 10th June, says, that Martinez had been repeatedly interrogated. On one of those occasions, the president asked him what induced him to assume the title of "prince of liberty?" Martinez port. replied, "I exacted nothing from the people. They Emigration. The British ship Mary Ann, has arwish to be free, and they will be so. i was not rived at Boston in 50 days from London, with two guilty of the absurdity which you commit, in unit-hundred and four passengers. The Mary Ann was ing the word "liberty" to that of "prince." "If my bound to St. John, (N. B.) but the passengers not pretended friends at Rio and Bahia had kept their wishing to go there, rose upon the crew, and word as I kept mine, you-gentlemen commis-brought the vessel into Boston. sioners-would have played before me the part The Seminole Indians.-It does not appear that which you are now making me play. You seek for these indians have yet complied with the requisimy accomplices. Examine yourselves-look among tion of gen. Gaines, respecting certain murderers yourselves and perhaps many of my judges will harbored amongst them. One of the chiefs in answer quit the bench to place themselves at the bar."-to the general, is reported to have said, that he exThis speech has been variously interpreted; but pected an English agent, who would settle the affair, the fate of Martinez, and of his four comrades is by driving the Americans back.-Gen. G. has, howcertain, and they expect it. ever, adopted measures to punish them if they do not behave peaceably, and also to restrain any perThere is a report that gen. Mina had intercepted sons from committing unauthorized depredations two couriers on their way from Mexico to La Ve-[upon them. SPANISH AMERICA. |