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126 TRIAL Os Admiral COR NiVA LLIS. ’ PORTSMOUTH. April 7 THIS morning, at right o’clock, the signal gun for thr Court Martial wai fired, and the flag as usual on such oecalions, was hbifted on Board the Orion, of 74 guns, lying in Ports mouth harbour. Lord Howe, and thr other .members of the Court, in frprrate boats, went on board about half pah eight, and his Lord fbip’s flag was thenhoiited. At nine the Court ‘Vai opened, and the members swore in. The following is a lift of their names ; * PRESIDENT. Earl Howe, Admiral of the Fleet. MEMBERS. Sir Peter Park-r, Bart. Admiral of the White. Lord Bridport, Bart. G. Varidcput, Elq. Vice-Ad. of the White. Sir Alan Gardner, B irt, ditto. Sir Roger Curtis, Bart. Rear-Admiral of the. Red. H. Harvey, Esq. ditto. R. R Bl'gh, Esq. ditto. C. M. Pole, Elq. Rear-Admiral ofthe Rlue. J. Coipoys, Elq. Rear-Admiral of the White. CAPTAINS. E. E. Nugent, Esq. Edmund Dod, Esq. C. Powei Hamilton, Esq. judge Advocate, Sir George Jackson, Bart. The Members being sworn, Admiral Cornwallis entered the Court, and had a fide table aflignedto liim for his Papers, and the Hon. Thomas Erskine. Strangers had been previouCy cleared from that fide of the Court. Lord How fh-*n Rated an outline of the Char ge to Admiral Cornwallis. They were three in numbrr, and werejjntroduced by Rating the nature of his appointment, and the service in tvliii.h he engaged ; that whereas Admiral Corn wallis was, on the 10th of February lall, ap pointed to the command of a squadron destined tor the Island of Barbados*; and was ( idcred by a letter from the Admiralty, dated the of the fame month, to fail from Spttnead as soon as possible, taking under his convoy all the victuallers and transports then in readiness, and la aft on the Leeward Islands Ration, accor ding to his inftruftions, or to such farther or ders as he might receive from the Lords Com sniflionrrs of the Admiralty ; that the laid Ad miral failed on the eßth of F.-bruary, and that bis ship being difabl-d, he had been guilty of negleft of duty, in rrot fhiftinghis flag to ano ther fHip, and proceeding, as is usual in such e"afes, to the place of his dellination ; but had, contrary to his inftruftions, and manifeftly to the detriment of his run jelly's service, returned to port, after delivering Ins ord-rs to another officer ; that afterwards he had bees guil.y of difoliedirr.ee to the Lords Commiilionrrs of the Admiralty, bv refuling to proceed imme diately in the Aftrea frigate and join his fquatl ron. Lord Howe Rated, that as the principal charge was difobeiienre to the ordets of tin admiralty, it was nec'ffary that those orders should be now read : they w re read accor dingly, and also a letter from th~ admiralty, giving an account of the whole tranfatb'on. which conclud'd that as such conduct mult tout greatly to the injury of the service, and might iu future afford an example extremely dangerous to naval luoordination, they )„d thought it neerffary to call for a Court Martial, in order to institute an inquiry info the whole circutnftances of thr case. The evidence for the prosecution commen ced with reading cer‘ain papers. The firit was a letter from Admiral Cornwallis to the board of Admiralty, dated Spithead, the l j-.h *f March, in which he Rated (he fit nation of his squadron, the accident that had befallen the Royal Sovereign, and his return to port to rc- Jiair. This produced an immediate answer rom the Admiralty, in which he was defned to fhift his flag to the Aftrea frigate, 10 take bis secretary and chi-f lieutenant with him. and proceed immediately to Barbadoes, to full hi the duty of his appointment. In answer to this, onthe 16th, Admiral Cornwallis <*x yreff-d his reading to set out for his original appointment as soon as the Royal Sovei ign should have received the necessary repairs, Rat big at the fame tim', his objedions, on account ofthe precarious fuuation of his health, to go on board the Aftrea, and take upon himfelf a command of such delicacy and importance with ofliccrs to ev-ry one of whom he was a Granger, and without accommodation orcom fort whatever. The Journal of the Royal So vereign, which had been font to the Admiralty onthe 14th of March, by Admiral Cornwallis, was here read. It began on the ill of March, the night on which the accident happen'd from the Bellifanus, and was continued till the pe riod of his return to Spithead It minutHy detailrd the particulars of the accidmt. The ma(W of the Bellifarius had inform and the Ad miral, that on the night it happened he had put his ship right, and gone down stairs. but had been below but a few minutes, when he found, by the motion of the ftiip, that wss wrong and on going on deck, he found that Ihchad ran foul ofthe Royal Sovereign. About one hundred and eight persons were then got out of the Bellifarius, many of whom were much bruifrd. and one died of h{ s wounds soon alter. Ihe Mailer was ordered to examine the Royal Sovereign, and he found a great part of her cut-wate/ broken, her copper torn oft andotherwife materially damag'd. The Ad miral, however, resolved to proceed on a part of the voyage, to protrfl the convoy beyond the latitude in which he conceived the m ill danger was to be apprehended from the enemy. After that service wasaccomplifhed, the Ihip, •pon further examination, being found to be uillmore considerably injured than was at hi It supposed, and no expedient occurred to pro cure the requisite repairs, it became indifprnia bly necessary to return to port. After the w-ritten documents were produc ed, Admiral Cornwallis was alked ifheadmit wo them to be genuine j to which be anfwcrcd, witnesses to be examin'd on ordered r^d ’ and al! ofthem were M been present when the journal of the Roy Columbian ittufeum, &c t al Sovereign had been read in evidence. The court argued ngainft the objection, as the jour nal was merely an official detail of matters of faft. Admiral Coarnwallii said that he d,d not attach much importance to the objection, and .hat he made it chiefly with a view to the regularity of the proceeding. Sir Charles Cotton was then called in and ex amin'd. Q. Did you receive any orders from the Admiralty to join the squadron of Admiral Cornwallis, and to be under his command ? A. Yes; I received orders, of which 1 have her* copies. The Admiralty orders were here produred C J read In lubllance they shew-d, tha; Sir Charles Cotton had been under orders for a piriicular service, when he r-ceivcd from the Admiral ty new inftrudtons to go out under Admiral Cornwallis to a certain latitude, to aflill in protecting the convoy till they were out of danger of the enemy. He was th-n to pro ceed, in conjunftion with the Minotaur, to crtiife a week, of Brest, to take or destroy any of the enemy’s ships that fell in the way. Q Did you at at any tim’ receive instruc tions from Admiral Cornwallis ? A. Yes, at different times on our voyage, and in particu lar aftrr the accident of the Royal Sovereign, the other men of war having part'd the convoy, flgnals were made to the Mars not to f-parate from the Royal Sovereign, ami to desire it to rerate signals to the Minotaur, at one Lime very far a-head, to keep company also. Fhe Court alio alked Admiral Cornwallis, whether he wished to put any questions to the witness ? The Admiral anfwcred, I have no questions at ptefent to put to him. Mr. Tibbct, Jhip-builder in Portsmouth, was sworn. Q Mr. Tibhet, you were d'fired by the Admiralty to examine the Rate of the Royal Sovereign, on her return to Spith-ad. Did you find that flic had received such damage as could not be repaired in the Weft-Indies ? A. f think not. O. Was (he fit for service at sea ? A. I think not. Was the damage such as could be repair ed without heaving down the ship ? A. No. Q Why do you think she could not be re paired in the Wrft-Jndies? A. B-’caufe Id > not think that there could be had there so good materials to repair the ship, as to render her fee 11 r’ and fit for service; bolts in particu lar could not there be obtained, nor could oth er n'ceflary articles. Q- Was it abfolutcly necessary to take the fliij) into dock? A. It was abfolutcly. The written report on the Hate of"th ship made by the witness was read. It described the damage she had fußained.; that she could not even be repaired in harbor, and that she mu ft be taken into dock and heaved down. The court defined to know if Admiral Corn w.illi.s wished to ask the witness any questions : and were anlwered in the negative. 1 he evidence for the prosecution being clof o, Admiral Cornwallis was called upon for h is defence. r [The Defence and Sentence in our ne\tf ‘The follonumg is extre,Nedfrom the Au gnfta Ceiuind, nnd tijeried by rcquiji. Mr. PRINTER. T HAV £ a gr-at avenion to your hits been as -L fairs, m the very’ idea th-re appears fome tlii'vg defective. When a man tells me his triend has been a very good man, or his horse, has been a very fine one. I cannot help conclud ing the case is now entirely altered—that the ■riend is a rascal, and the Irorfe good for noth ing. In your pap-’r be r ore last I observe a firing of old letters, certificates, affidavits, See. unconneited in th~ir nature, publiffied bv G-n ----eral Jackson, and no way rela iv” to any late proceedings, and I cannot imagine what pur poic they can answer, or he had in view, ex cept to prove that been a foldi-*r, and held correfpondencc with in'o of refpeflabili ty. H lint be was once an officer m the armv. 1 never heaid denied, nor has any question been made of the truth of molt of the things contained in those certificates, because, wheth er true or not is now immaterial, for I do no, oblerve that any certificate there intimates, tha h’ r mams a man of courage, of honor, of re spectability, or poffelfes many virtues, at this ,’y- Wiry, Mr. Printer, every man is honrft t ill found out to be otherwile ; and the m-retell villain upon earth was once (or has been) a cl-ver fellow. But because a man was form erly uptight and honefl, does that excuse and juitify !us bemg a knave or rogue at this day ; I think not. If a man was indicted for Healing from the treafurv, for burning the lecretari“.s office, or for murder, and found guih v, would he be excused from blame or puiufhmentby producing a tiring of certificates to prove that eight or tea years before he was a man o! honor, and coimnairded a company ? Tibs kind of patch work appears to me rather too much like patching up an old saddle, and trying thereby to impose it on a world for a new one ;—I he saddle, you may fay, has keen a good on-, and done great service, but if its bell days are pad. and it has now become good for nothing and hurts your horses back, will a few patches on the ouifide, or a certificate from the faduler, that ft was once an excellent sad dle, ptove that it is now as good as ever, and not the worf’ for wear ? I had from the pa pers General Jackson has been charged with doing frverai bad things, and faith I fear theie is too much truth in the charges. These let ters and certificates of his that he was a foldicr, and ten Or twelve years ag > did fome ferv ice to the country, do not prove that he had aright at tins day to break the constitution of th’ Rate. 1 am a plain man, and when 1 read these cer tificates, I wondered how the General made them apoly to his present situation :—Alter try ing feveiai ways I concluded he could only do it logically, or fylogiftically I believe it is call ed ; as for in fiance—any man who was an offi cer in the army was a clever fellow—General Jacklon was an officer in 178 b, therefore he had a right to repeal the Yazoo law : or, an officer has a right to command, General Jack lon commanded a moving battery, therefore G neral Jackson has a rigot to burn the records of the Rate. I don’t fee, Mr. Printer why, be canle a man has once done good he should not be blamed tor doing bad afterwards. So many certificates produced at this Umc of day looks too much like a criminal after being condem ned getting his neighbors to petition for a par don, and recommending him to mercy a.s an innocent man, notwithftandinghis guilt has been clearly eftabliffied. I hop- my friends will read these old letters and certificates over, and fee if they don’t blush for the General :—He really appears to me a little deran*"d. What conneftron upon earth is there between these certificates and the con duit of last assembly. I believe he thinks we are all foolif He lays he once refufed the go vernment of this state—he did so, and at the v'ry tiine he ought to have accepted it; AttVe time the office as it were went a begging, when, scarcely any man of knowledge and talents would lay by their private bufineis and accept the executive office; besides, at the time the G'neral refufed the office the salary was not worth one fourth of what he fays his praftice was, and lie had not then became the zealous patriot that he now atfetts to be ; money was then, as well as now, his firft objeit; and popu larity his next. He fays he is the only initance ol a refusal of the Governor’s office, more I think is the pity. I wish he had prevailed ori his creature of the day to have been equally prudent, it would hav? been better for himfelt and the state. This v'ar afforded an excellent opportunity for the governor to have refufed the office, and he might have alligned for cause, want of talents, and if this had been c. fpined, he might have called several of his friends, who would have sworn to the fa£t. I hope my friends will read General Pftk en’s certificate—it fits the size, make and cir cumfianccs of General Jackson at this time, a;, well osifh'had been meafared yclterdav ; So wftl it lets that I really thought it was written a day or two ago and antidated. In all this Epistolary, cerAJPing, fwearin publication, Mr. Wereat’s affidavit, and Mis Mitcheis certificate only merit notice. In the firft Mr. W'reat (wears that he never toid Mr. Clayton, what Mr. Clayton swears he did tell him, and what I am told three or four ■ more affidavit* will fix upon him, on this therefore nothing more need be said, at ore- S ,P ro P rrl y attr nd the coun ter a ndavks, the public expeft the truth and have a right to it. I will only observe that Mr. Clayton's affidavit was taken by the Inqui ffiion committee, and that part relative to Mr. o reat and Gcn-ral Jackson was suppressed, and never published. Mr. Mitchell’s certificate appears of no con ieqtience, it is not permed by the General art ul enough to impose on the community; Mr. AlitcheU only certifies that General Jackson told hnn so and so, he never heard a word of the conversion to which the certificate re lates, but certifies that G-n-ral Jackson. told him what he said, he had said to Judge PcndK tou ; General Juckfon’s own C'ufficate would have answered as well as this one which is too much like th’ affidavits taken by the inquisi tion at Louisville—there a man’s fwcarinj that ae heard Dick tell Dull, that he heard Sam filing Jacob, that Jonathan said lie heard l a bz telling Ruth that Bob told Sal that he thought ne law Moses whispering in Kates ear by the fence, was admitted as full proof ofthe crimin al intentions and actions of Kate and Moses. One thing in this certificate ihe General said w Inch I ihink is not true, he fays he assisted in breaking down the Yazoo ad of 1789, when m fait that att never was br-.-ke down, but a .umequcnt aft was paiT'd to carry it into efit*ft and by the last att the purchaling compani s were allowed to pay tli"ir purchase monev in P a P er medium of th'ftate, which they fail ed to do, and hereby the right of the land re mained in the state. Ia concluiion I fFiall only observe, that du ring the time of the generals commanding -roups and refu'ing Lhe government he app -ars o tiave well undeiflood his own heart, and to hav’ contemplated a dstcaion,- and he was therefore cariul to floie up a good flock of “riificates agamft time of need; and much good may they do h-m. Should he want a new lupply, I know ora number that might be procured cheap and on a Ihort credit : an art mil and act've man in a week might procure turn a butbcll. QUARKO. jTconal Ilrgiflature* HOUSEof rhpresentatives. Monday, May 30. ON the motion of Mr. W. Smith, the iioufe resolved itfeltinto a commit tee of the whole, onthe bill authorifi .p ----tne 1 resident of the United States to lay, regulate and revoke embargfies, during the recess of Congress, which was agreed I to, and ordered to be engroflcd for a third reading. • he Speaker laid before the house a letter which he had received from ten American captains, now laying with their veflelsat Jamaica, complaining of the illegal imprclTment of their seamen by Britjfh ships of war, in which they arc kept like slaves, and fnbjeft to in fectious diseases, with which the veifels of war are now’ visited, arvdftating that until their men are set at liberty/they cannot return home. ‘I hey pray for the interference of fince it has coniideied the case of their breth ren in Algiers, whose fittiations were not worse than theirs. This letter, and papers accompanying it, were re ferred to the secretary of state. VVednefday, June i. The bill authorizing the President ofthe United btates to lay, regulate and revoke embargoes, during the enfuiog recess of Congress, was read tiie third time andpaiTcd. Wedncfday Evening. The Senate informed the house, by their secretary, that they had resolved that the bill authoring the President of the United States to lay, regulate and revoke embargoes during the enfuino recefs of Congress, do not receive if* third reading to day. Also, that the President of the Un ; - ted States, had informed them that h had approved and signed a bill original ing in their house, for admitting the state of Teneflee into the Union. The President of the United States informed the house, by his secretary” that he had approved and signed an a t\ affording relief to distillers in certain/ fes, an aft for regulating the grants of lands for military services; an aft mak ing additional appropriations for i 0 ” reign intercourse for the year an aft making appropriations for the military and naval cftablifhments f or the year 1796 ; and an aft to indemnify the reprefeniatives of the late General C reene, from a certain bond yivcn behalf of the United States. Mr. Jeremiah Smith, from the com mittee appointed to wait upon the Pred. _ ent ofthe United States, to notify to him the intention of both houses to ad journ on this dav, reported that tlu-v had performed that service. Y The buiinefs before the house beinw finifhed, a meflage was sent to the ate to inform them, that the house was ready to adjourn ; whereupon after waiting fome time to receive any an swer, that might be lent thereto, with out receivingany, the fpeaker adjourned the house, until ihe firit Monday in Dc. cembcr next. LONDON, April 9. W"e this morning received the Paris Journals to the 7th instant inclusive. Pichegru is appointed AmbafTador to Sweden, an appointment which is con fide! ed only as an honourable exile, and which seems liighly often five to the peo ple in general, if wc mav judge irom the tone which the Journals take upon the occasion. L’Eclair ofthe 7th contains, at great length, refleftions upon the state of af fairs, and particularly upon the effects ot the armistice. The conciufions drawn are, that a favourable opportunity was loft l#r making peace, when the French armies were on the oifcer fide of the Rhine—the ancient boundaries are re commended, and an immediate peace. “ V7e dare affirm (fays L’Eclair of the 7th} that a treaty formed upon’’ the Jlatus quo with refpeft to the frontiers, would be univer/ally applauded, and would have tht ratification of all France.” An article from Frankfort, of the 27th ult. lays, that the hopes of peace continue there. The correfpondcnce bc tween liafle and Vienna is constant. The Comte de Lherbach, is at the form er place. His influence with the Em peror, as well as the pacific intentions of this negociator, are ‘well known. L’Eciair of the 6th, hates, that the armies of the Rhine and Moselle have letrograded, and are now in the depart ment ot La Murtlie. Their head-quar ters aie already at Savcrne, near Stras bourg. j he Senate of Hamburgh, have re fufed to acknowledge the character of Ai. Rheinbart, lent as Miniiter from Frasice to that town. The following appointments have been made by the directors of the East- India Company, to the several Presi dencies in India : General A. Clarke, to be, commander in chief in Bengal on the re fig nation of Major Genreal Sir R. Abercrombie, K. B. withafeatin coun cil. Major General George Harris, tofuccecd General Clarke,as command er in chief at Madras, with a feat in. council. Major General James Stuart, to be commander in chief at Bombay, with a feat in council. FALMOUTH, May rr. Arrived, Neptune, O’Connor, and Experiment, Robertlon, New- York \ Peggy, Hatche, Charleston ; and Nan cy, Williams, America. The merchant veflels for this island, and the transports for St. Doiningc, numbering nearly 200, failed from JBar badoes the 19th ult. conveyed bv the Canada of 74 guns, and Diftator of 64, and arrived at Cape Nichola Mole the ift inst. The 3d, in the afternoon this trade for this island, between 80 and 90 fail, bore away, under the proteftionot the Intrepid of 64 guns, and Siren Hoop of war. The hon. house of aflembly have an animrufly voted a sword, value Seven Hundre-l. Guineas, to be preferred to hii lordfWip the Earl of Balcarras, for the fetn ices re idered by him to this island, during the late rebellion. They have aifjr v fred a similar present, value Five Guineas, to major general Walpe, for his zeal and activity dur ing thdfaiue disturbance. No. 32.