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OBSERVATION-!) (zi THE com; CT 6? CHEAT-ÜBiTAISj SINCE •j.tr. 4ri.AU. 1 T9 l . **’ ■ - .’ v fConii.TJrtJ fr'c .1 our paper of Haturday laft.l It'has b i ‘Fortunate for neutral com 'meric. thu ha me.’ limits could not know, in time to avoid confiscations, the fir t idied sdb tio'ts (i • i lav. executive order-;, fee. fee. b. wit . their |nopcrty was unwarrantably con demn’ <!. It is i t consequence that tney should now see and understand these great sources ol danger. Nolhu.g can p i.tect our me:chants, but our maiiH. icing; inviolate the laws ol nations. We lure contended, that our property was of ten captured and condemned without any real and sound lawful authority and, of course, a y dust existing law It is proposed now to of fer to the American merchants a decided opi nion on this subject, which a very great majori ty of them will receive as the most i expectable and indisputable. It comes from Mr. King, who, as a man of natural abilities, as a lawyer, an experienced diplomatist, and petfectiy in formed by the English minis'cif themselves, ii recent negoru'ions, of all their pretensions, w ites thus in the 40th page of his pamphlet in “ Reply :o War in Distsuifcu.” v*wUVi.u. a l>r u lev fe Cos. ol New-iork, uir.l A. 1* II adfoi'l, of TmEdelphia, in Fcbruai v, 18, G. Ik exprt s lv states as follows, in if pud to British cap tures — “ The prize courts, therefore, speak to ncu “ trals (br their decrees) this dear and dixlifi.,l “ langiup: - . We a’ knowledge, that by th< law tl of nations you are mi ltd to the prohibited* “ commerce, and should not hesitate to restore “ your captured proper ty, hut we arc bound by “ the text of the king’s instructions. \V here “ t iie.v do not apply we shall restore, as we did <l during the American war ; nd as soon and f ‘ so far, we will conform our decrees to the law “ of nations.” A gain in page 41- Mr. King writes mote con cisclv, tho’ indeed not inure explii illy thus— *l ll ins, in the strong and pointed terms of sir 11 W illiam Scott,” (the present judge of the liigh court ol admiralty ol Oreat-llt ituin )“ been a fjuug ■</, that the text of the, king’s instruc *l tions is the true rule <>f a prize court.” The conduct of the 11 i isli naval comman ders, upon the foundation ol me order of coun cil of January 1794, and on the plea of block ading islands, was very dr adfid to America. It is certain that blockading a fort,a castl- , a t ’ex or aft i .is u pre eden'ed and com. non tii ■. .lire. IV.it ihe l>loe,,ading uwh and g-jit/i or chnin finlands, at one time, and tnc bloc.k aie of ft ervir. great / Lind, like St. Donti.i -;o, i new stretch of English naval ret) ii : tt. The island of St. I) qningo is con side at>ly lo- >g r ‘liun the kingdom of Eii-hunl. aiul it is the e {■i fa ft •* /l ister nts itff t ta'iin f hlockttd \lo pul ad the ports of it under an inhibitory proclama fi m, be, ause a port or t wo are proper: y and real ly (blockaded. A miaou. a li,t of captures how ever, look pi ice under these orders and procla im.tions of blockade, by the English, during the year 17 *4 an I examples as wild, as loose, and :> injurious, as possible to the French, and to < he neutrals, were set by the Bermudians, Hali fax nen, Proiidcncemen, and British frigates, to the French cruisers In the close of that year, the treaty was he o’ttaifogly made bv ‘lf Jay and lord G'env lie, between the United Slates and Great Britain. I’ vas thought only better than war by hei sons of both parties. By this treaty the 11 itish by mutual contract, gave to the Americans, and we accr/iti and several new rights to trade, tn the near with the Fnglish colonies in the East anil \V r esi I ulies; which rights were of the same nulute, ascertain other rights to trade-in the war, which ‘.lie French hail allowed bv their own se para e acts to the Vvncricans. Those rights to trade, granted by the French, were constantly made the avowed ground to confiscate neu-nd A ncrican ships and cargoes by the British 0.- ders of council and courts of admiralty, b< cu ise the neutral American.?, as i mas alt gi /, th >•, iy undertook to ui i the Preach colonial a grind art . Yet great co nplaints have been made, tlr it ilie Trench have condemned \ ncrican vess sis! v. giving the s tme aid to is! mds taken fro n ‘hem eelvcs by the B itish. tho’ vv • had granted tnoxe islands bv the treaty of 1778 thru in lorce II re the French nave acted much more lavor ably to the neutrals than ihe English : for their court do no: hold the general English princi ple, ,iz to condemn vessels from the East and esr India IVitish colonies, liec.tu e the piui lcge of trading with h >se colonies w ts given to U’ ii the war, and was not previously allowed bv 1 tw, in peue. Thus the English afford an ex i nple extremely injurious to the neutrals which the French have refrained from follow ing I nis is an important truth It is an essential point of difference in the conduct of t’ ranee and Ire at Brit tin, that France has hitherto admitted the doctrine, that her etti *e.ts may chmge her allegiance and become American sailors, .torch mts, a:ul ship-holders Toe opposite doctrine is heidbv England—and many a fine ship has ’..ecu endangered or e\- tv is'oelv detained by the i npress nent of na tive Englishmen, married in America, and be en ne Ie pi ly citizens of the Un ted States. Nu merous captures have 1 1 ;eu place, because the cargoes were the property of English n m tints beco ne A nertrans, who had bought goods in ph. es belonging to the enemies of England. 1 he 1- i glish courts deny ‘he V ncrican citizen ship ol such former F.aglish subjects, and con dr m th fir r operty. because they arc persons claimed as British mhjec's, and have done busi ness in cod itrics bclon -fog to their enc nies. * P- hikited nt-r-ii h ■ l-iish orders of king i’U i annul, cm:rwy to . hi ,'ow -faadeni, To*a Country like our‘s, incessantly receiving foieign meidhants and capital, this is an im mense disadvantage, aiismg Iron* the conduct ol England alone, and not followed by Fiance. England may fairly be considered as having forced America into an entirely new act, for a neutral power, in making the provision article of Mr. Jay’s treaty; an article extensive, dan gerous, and even capable ol being rendered fa tal to France. It may be justly asserted, that this provision article is without precedent in the annals of the civilized world. No neutral nation ever before made such a connect with a power at war. It is said to be advantageous to us and advantageous to Fi ance, and yet Eng land adopted the measure of her own accord, before the treaty, and insisted upon it, in mak ing the treaty ! It cannot he doubted, that Ln glund did consider the provision artich, as, on the v. hole, very injurious to France and very ad vantageous to herself. When the treaty was signed in London, on the 19ib of November, 1794, the orders of the British council, which had injured and disgrac ed i lie nentials, and brought on avowed defen sive retaliations from France, were either re voked or considered as superceded. The Presi dent icceivcd the treaty early in March. 1795. No objection to it being promulgated, raid the si n.a<- u.U. M —vwa w ti t>7i- i ntlftcaiToh, there was every reason generally to presume, ;lr.it it was so far agreeable to the President, that he would offer it without objection to that body, as indeed he afterwards did. Such be ing he appearance of things in the beginning 1 of ‘ .arch, it may be fairly presumed, that the j British government relied in May (two months ! after, the call of the senate) with firm confi dence, that the treaty would be ratified before any thing England might then do, could be known in America. in this s ate of things, the new orders of the British council of May, 1795, for carrviu > in out piovtsion vessels were issued. To judge of ti.e shock to France, let us remember how the bare rumour paraiized the late president I Washington. lie made an immediate and ; solemn stand, and cause', it to be made known ; to the II ttisb minister chat he would not. ratify tilt . rea, , while those orders continued in force. the ill itish minister here suggested the advice ol ievoking them fora time, to give a iactitious moment ol iheir non-existence, tor 1 lie i ideation of the treaty! ii j explicitly pi op ail, however, that they should be then ieoewed! How dangerous to tiie neutrals, vve.c these examples of 11-iilsh conduct, set btlme in got eminent of France. The British minister a rig thus, is known to have solicited me ‘ waiu.c of this country foi the lavor of t being “mile me bearer of the treaty to England. Instead of continuing to be informed, that the provision others must be revoked before the t euiy wouiil be signed, the president’s siaiia tu e was subscribed to the instrument, and ole ben Ji and h -t.r of carrying it to England were <■</ v / u/i in h British minister, agreeably to his r. t]u - t. The B itish orders of May, 1795, maybe dee.,,’ and t uinle-is ions, and pe’ uliarly offensive and i .jo ions to France, who would us naturally consider them as explanatory of the British sense of the tre.uy, as our own president is known to hive done. It is years since the publication oftb.it iact was made in America with wnat degree of good intention or pru- I <lc u e will not be discussed. The captures under th sc orders were so manv, that at the end of 22 months, about 120 cases were car ried into the 15a.isn high court of admiralty appeals. These were chiefly our European adventures, wherein the cargoes and vessels arc large a.nl valuable. Not a dollar of these is saved by Jay’s treaty, which docs not affect hem. JUKISCOLA. II'.S Br;'.tunic majesty’s liege subjects of H il ix mist be the most stupid, or the most a id ned beings in creation. Wc give the subjoi e 1 information from a Hali ax jiaper, u i b a view, during tiie present rage of the in fluenza, o excite a smile on the cnunienance of the r<aider This “ tale of wonde'r” is appro priately vcleped fianiti if 4<n rica and is said to be dc: iced from a * very respect due source” —pc. nap, Mr. consul Barclay, or Mr. consul B >nd — i‘e'. Re pub *• idie correspc.ailcncc of Talleyrand and More iu, which caused such surmises at New \ ork in 1 el>: nary last, is at length developing ; and we can scarcely he surprised at the inci dents which luo'e sine * followed. /’ .dm and Mortuu are reconciled. “ If’ .ore ui c.ui persuade America to break with England, 10,000 French troops are, in con junction ui h the Americans, to drive the En glish front the continent. Canada and Nova Scotia are ui tie erected into a monarchy ; and M > eau to bo crowned king of Acadie and both the Canadas America is to have the Floridas, as well as L mist ,na ; and the Island of Porto Rico, o’ some other valuable W. 1. island is to be given up to Iter. “ Fhc government of America not having sufficient energy, by the present constitution, the president is to be supported in his endea vors ti> change it, and anew form of legislature adopted ; in which the chair is to be assumed fui life. “ Flic only difficulty is stated by the Ameri can government to arise from the \ T rat hern States : wuo might be averse to such a neigh bor as the kingdom of Acadie and Canada, go verned by a Frenchman ; but this may possibly be overcome—if the war with England can be a pofnda- nr. “ Fhc authenticity of this intelligence can not b rs >ub e 1 ; and the Americans, who are now fondly crying out for a war with England, ra iv know how completely they have been msl-i the teds of Trane s ar.J its pcysicaers,” TRIAL OF COLONEL BURR. FEDERAL COURT. Richmond, Wednesday tefueinbcr 16, 1807 Pursuant to the notice given yesterday, Mr. Hay brought forward a motion to commit col onel Burr, Blannerhasset, and 1 ruel Smith with a view to send them to another disinc; for trial. Coi.oxel Burr insisted that a precise charge should be made, as to the time, place and of fence. He said, that he confident that it would be in his power to put a stop to the bu siness as it related to himself, by availing him self of the verdict of acquitul which had been found by the jury. Yet as it had been asserted in bold and strong terms, that acts of war had been committed, he should suspend, for the present, his objections arising from the circum stance of bis acquittal, lie should therefore indulge the gentlemen in the relation of such legal evidence as was adopted to the fact of war If they deviated from the course of legal testi mony, he should bring them back. He again urge and the propriety of separating his case from that of the two others; and concluded by observ- ; ing that he had a right to demand a specifica- j tion of the charge before the evidence was ! imu. j The Chief Justice said, that with respect ‘ to a specification of the charge, itrwasa mere contest about words. That a charge had been made by parol; and that it must be reduced to writing il required by the accused. Mr. Hay observed that there was a difficulty ! in specifying the place so far as respected the mouth of Cumberland. It is doubted by some to what state the island at the month of Cum berland on which the party assembled, belongs. Alt ho* the stale of Virginia has long ceased to claim any jurisdiction over it, yet it is said to be doubifui whether it is included in the act of cession. But if he were to specify a place, and the evidence should establish the facts, at any other, there could be no doubt of the right and the duty of the court to commit for trial ot that place where the fact was committed. He could not seethe difficulty suggested by the accused from an examination of all the cases together. The witnesses have been here a considerable length of time, and at great expence ; the mo ney whihch they will receive from the United States being inadequate to their support He therefore begged for the sake of humanity, that the testimony ol the witnesses might be receiv ed, and the argument postponed, till after all the evidence should be gone through. Air. Hay then reduced the charges to wri ting ; and proceeded to call James Dowel as a witness. The witness having related the transactions from the commencement of his voyage on the river to the mouth of Cumber land, was going on with bis evidence as to facts which occurred lower down the river. As soon as the mentioned facts which had taken place in the Mississippi territory, he was stopped by colonel Burr and his counsel, who ‘objected to the introduction of any testimony of facts out of the jurisdiction of the state of Kentucky. Mr. Botts commenced an argument on the part of colonel Burr, and contended that no further testimony could he heard, on the pre sent motion. Me relied principally on the former acquital as a perpetual bar to any fu ture prosecution ; and that the act of congress which authorises a judge to transmit a person charged with an offence from one district to another for trial, does not extend to the terri torial governments. He was followed by Mr. j M-Rae on the part of the United Mates. Thursday , Sefitember 17. ‘ The arguments on the motion made yester day to exclude all further testimony, on the present question was resumed. Mr. Hay, Mr. Martin, Mr. Wirt, Mr. Wickham and Mr. Botts severally delivered their sentiments. An unusual share of animation and eloquence marked the speeches of all the gentlemen on this interesting subject. Mr. Randolph will 1 close the arguments on the part of colonel Burr to-morrow. Friday September 18. Mr. Randolph on this day concluded the argument, and the chief justice delivered his opinion in'svriting. He reserved the question, concerning the prior acquital, for future consi deration : but decided that he had no power to commit the accused for any act of treason dons on the Mississippi Territory. He admitted, however, the evidence relative to the transac tions in Kentucky. Augusta, October 1. About two weeks since, a comet was observ ! ed to the eastward, about 3 o’clock in the morn ! fog, being then on its approach to the sun—it has since passed its perihelion, and so now re ceding from the sun, and may be seen at any time after dark, in nearly a southwest direction. It set last evening about two hours and a hah after the sun, and will continue to set some rime later and later every evening till it disappears. , It may be cle triy seen by the naked eye, and its luminous tail is very discernable. For se veral nights it will continue visible, after which it will pass off into those regions of immeasu rable space, which these exccntric bodies tra verse in their wondrous revolutions. Whe ther or not this cornet has ever before appear ed to the inhabitants of our earth, or whether it is one of those v hich has before appeared, but the period oi whose revolution is unknown, may be subject for those skilled in astronomi cal researches to consider—md with themalsi it may pet haps be subject of some speculation, whether the approach of this comet, mav, oi nvav net have had, during the present year, ar important influence upon our climate. ’ NEW-YpRK. September 26. Ij v the ships Gold-llunier, \ ose, from Ejß (lon ; and Eliza, Waterman from Lite! poo!, he editor of the Mercantile Advertiser has re ceived a regular file of London papers to the 15th August inclusive, (G days later than any previous advices) and Lloyd’s lists to the 14thi Captain Vose informs, that business was ve ry dull ; that the Br.tish government had not taken up the affair of the Chesapeake, as tuey had not received any official dispatches from the American government upon that subject j that the schooner Revenge had net arrived} that the: c was no prospect of a peace between England and France ; and that the merchants and manufacturers in England were very much averse to a war with America. Captain vose left London the 15th, anti the Downs the 21st of August. Insurance on American vessels from Eng land to America had fallen to tnrec guineas. London, August 15. A mail from Gottenburg anived this morn ing, bringing news from Gottenburg ol the 7,h, which states, that on the 3d, adntirai Gair.bie. ‘s ileet passed the sound, saluting Cronberg Cas tle as it passed, and receiving a salute in return. A great number of English ships ol war and transports are also said to have passed Gotten btirgli on the sth and 6d: they were p.obuoly the 2d and 3d expeditions. A letter from Co penhagen informs us, that orders have been received by the inhabitans in the suburbs to prepare for lodging a large body ol cavalry. Another bulletin has been received of the ope rations against Stralsuncl, but it is of little im portance. The king of Sweden sei t his pro posal ior an armistice in writing—it w„s made verbally before. But Brune replied, mat he could not accede to it except cn ihe condition ofStralsund being surrendered to he french. A gentleman is arrived who left on the 9th, and Copenhagen on the 6 h—at this time there were two British fleets in the Bult.c. Admiral Gambier’s and the 2d division which sailed fro the Downs. In consequence of some information, said to have been received relative to the secret arti cles of the treaty between Russia and Fiance, sir Stephen Sharpe, our consul at Petcisburgh, who has been in this country upon leave, was dispatched yesterday upon a special mission to the Russian government. Paris papers have been received to the 7th, and Dutch to the 11th. The Moniteni of the 6th contains some notes upon the news extract ed from the English papers. It asserts, that Pmssia ■will nevei ra ify her treaty wi h us, and that she will not only shut her ports against us, but declare war. What Bonaparte proposes to accomplish by forcing Prussia :<> declare w ar, we know not. The hosliiiiv of Prussia can tv yv be of no injury to us. From the 1 ngor.ee used by the French papers, in speaking • f the king of Sweden, it is evident that Bonaparte will not make peace with him. unless he con sents to abandon all his German territoies. Forty thousand men. it is said, arc to be as sembled at Bayonne, for the purpose of forcing Portugal to shut her poits against :! country. The assembling of so large a force ve hi v e little doubt, for other objects has n r -’ \ c receiv ed ’he reccntpe ce of her devotion t • c n querer—and Portugal perhaps Is again cie- ‘ red to be under the Spanish yoke. Price of Storks this t/ao a! 12 rV/e - 3 per cent Cons, for money 62 1-B—dn <. for Aug 62 1-4—3 per cent red —omnium, ar, HIS MAJESTY*', SP! ECH. Parliament wv.s prorogued this after: o n with the following speech from his ri i- < ! s commissioners : “ My Lords and Gentlemen —We have ir in command from his majesty to exp es,; sa tisfaction with which he finds hiu sell in, ed to give you that recess which, after the gut and diligent exertions which you have wane in the dispatch of public business, must at this advanced season of the year be so particularly desi’ able. “ IBs majesty 1 as been graciously pleased to direct us to return his thanks for the steady loyalty and attachment to his person and go* : vernrnent, and zealous devotion to the public service, w hich have characterised all your de j liberations, and most especially to thank yen for ihe seasonable exertions which you have enabled him to make for the augmentation of the military force of his kingdom. “ Gentlemen of the House of Commons— His majesty has commanded us to return you his warmest thanks ior the supplies which you have granted with so much cheerfulness for the current year ; and when he considers the provision which you have made for those con tingent and unforeseen services, which the e vents of the War may render necessary, his-* majesty has the greatest satisfaction in recog nizing the wisdom wherewith, in a time of ex traordinary difficulties, you have anticipated the possible demands which those difficulties may occasion. “ My Lords and Gentlemen— His majesty commands us to assure you that he deeply de plores the unfortunate issue of the war upon the continent. “ The immense extension of the- power and influence ot France, and the undisguised deter mination of the enemy to employ the means and resources of those count) its which he pos sesses or controls for the purpose of effecting the ruin of this kingdom, undoubtedly present a formidable view of the dangers and difficul ties wh'cb this country has to encounter. “ But his majesty trusts, that the loyal and brave people over whom he reigns are not tb be daunted or disheartened. {f From the recollection of those difficulties i under which his people have successfully