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POLITICAL. For the Kingston Gazette tnant c#, fro:, different pari* of the prov¬ ince wo»ldhave U*n muttered together, to f.J the eftabiifhment of our bank, and been ofthe methodia denomination or dmUUDfl is ^ woM have fccen mutterca ^gcvss-, « within this provision, fo as to be authored ^ ^ t(bKu(hment of our bank, and been to marn; the members of-Ms fociety f Ly , ed in lhe hands of enterpnting, mdultw- the k# «f England, *a inamage isfolemnJ- ^ mcn> wbo vVOUU] have converel it to wood, of the Warfpitt*, with not more than one half the enemy'* force, completely fnrf- trated their object.—This gallant affair af our MESSRS.. EDITOR'S* 1 fERCElVE that two writers in f r- -r have, among other things, difcufled^he q idlicm whether the law or the province v, fpe&ing bail needs legislative explanation On? of them thinks it a fettled point that bafl ^•■nnot be required where the debt fued for h under £ 10 fterling- The other Teems to think that loch is the practice in many cafes, but that it is not warranted by the law. The t.uefhte of the cafe is, that by the law pi .England the right of holding to fpecial bail is limited to cafes cU^ 10. Jn th» ftatute of this province, regulating bail, no limitation is expreffed : and the question is whether the English law, except fofaras it ismoditi- thc law of England, if a marriage is folemnJ- zed in any other place tffan a chinch, it Wil¬ legal and void, and a fevere.punifhment is m- cu red. The provincial ftatute declares mar¬ riages lawful altho not foiemnized in a.con- fee?atcd church. The word confeo ated has occalioned different-con {Irud ions. One min- iiier uncJerftands that the marriage fervice may be lawfully performed out of a church. Another thinks ic mull flfll be in a church, altho' the church need not have been confe- crated. There ate other questions itili—Has atholic pi'ielt any authority to marry ? 1? nariiage is'iblemnized by a perfon not lawfully authorifed, or without the legal pre- requiiues, what are its effecls I Is the miuif- thelr own and the public good—and .ftill L ot, notwithstanding ail that has be "n cann _____ . ____af. fore riot the enemy orciirorg cm engagement, though out numbering us by two to one, even at r faid by your fuoernatural corresponded re- their own threfhold, is the hiqhcft compli- linquim my fond hope of feeing the public feeM that could be paid to the irref,ftible fejniee in the eftabiifhment of this excellent ,'iiditi.tion—Not that I would wiih to wound afrtHi the feelings of your correipondent, to whofe manes you have fo lately given peace ; nor would I wtih, by any means, to com¬ mence a fbife with fo formidable a foe.------- courage of our countrymen in arm* a c a m ter or m ao-iitrate liable to indictment or ac- j iw*Wi *k- n,m.:r(.;,1 ftiti.te is in #-tion? Are the parties indidable for cohabit¬ ed and varied by the provincial aatutc, i» ui.w r . r v I a rt»;t r ^np(H,n kiifM ref- log under inch an unautaonkd marriage? force here? A similar question antes rei- b „„.:.,„*i.^v,\*JL ? pecVug the condition of the bad bond, as it la required by the provincial tUtttte, that the affidavit to hold to bail mall net only ilate the amount of the debt, but alio add that it is apprehended ithe debtcr is about leaving the province without paying his debts. $ ithout fuch ah gpprehenCon, i'worn to by the plaintiff, his agent or fervant, a capias is not to be iflued again ft the body.— Hence the quefliou ; ought the condition of a bail bond, like that of a rccognh-av.ee of bail, (which is exprefsly directed by ftatute) to be conformable to this principle ; Ot¬ is tlitEnglim law in force refpe&mg the form nf the bond sad its condition, by which a for¬ feiture may be incurred, and the bail become liable, without the principal's going out of the province and leaving his debts unpaid ? Thefe are proper queilions for judicial con¬ sideration anddecision. Suchqueftions may arife upon aimed every fabject. The laws of England, with force exprefs and other im¬ plied exceptions, are adopted in the province. If the legillature were to fit all the year round, they would not have time enough to fpecify all thole Englilh laws which are in force and thofe which are not, and alcertain the meaning of each particular itatute, and its application to the common law. This is receflarily left to the judiciary, under a qual¬ ified bnt undefined adoption of the English ]?.wrs. The decilion of the court fettles the conftru£t.o.i of a ftatute, and afeertains the law, withom an explanatory act of the legif- iarure This is the proper way to remove many c'ourjcs a,:d ancerfcamti'es,which at prtf- cnt e.riit i\\ the laws. It is the way, in which the- laws o[ the mother Country become hxr and known. The adjudications of the court fh-.iuid be reported, and the reports publiilied for the ufe and information of all peifons concerned. In fome-cafes legiflative reme¬ dies will be neceflary ; but, fn general, it is fafer and more practicable to have the inter¬ pretation and application of the laws fettled by a tegular courfe of judicial decisions, fiiir- repoited, and iteadily piuTued* That is the be'l method in any government, and ef- pecial'y in one, whofefyitem of laws i^ com¬ pounded and modified like that of this prov¬ ince. If the court of king's bench have de¬ cided the point, that, according to the true conltruclion of the provincial ftatute taken in connexion with the Englifli law, bail is not to be required in cafes of debts under ^ io ilerling, a report of that decision, and not a declaratory arjl of the legillature, is all that is requisite for the ascertainment of the law. Ir the law, however, is wrong, in that or any other refpe.it, an alteration of it re¬ quires legislative interposition. As the ftate of the law and the property and nVhtsof all clalTes of people, depend fo Cinons becomes every day more and more ob- vimis, and, it is to be hoped, fome practica¬ ble means will foon be deviied for introduc¬ ing them into the province. AMICUS CURIAE. P. S. In the foregoing remarks it is cbferved Hizt furi qnefilons may arife upon a!- no/I every fuljeil. 1 will exemplify the ob¬ servation, in reference to the marriage law. Two provincial ftatutes have been paffed on that fnbjecl, making certain fpecial pro'vif- lons, bat not defying the general law.' One ot them has authorifed a jultice of the peace to hlemnize marriage, in certain cafes where neither of the parties lives " within the dtf- tance of eighteen miles of any parfon or rrin- ifter of the church of England/1 Are the eighteen miles to be reckoned from the hab¬ itation of the episcopal min.'fter, or from the ieveral ft?tion« where he officiates > Both of theft conftru&i'.nsbave been contended for. By theother «a minilters of focieties pro- h&nz to be " members of the church of Scothmd, or Lutheran*, or Calvrnilb," after eertain proceedings In the court of lelTions, ar authorifed to celeb, ate the marriage of pertoni, one of whom has been a member of the mimhVr'a congregation fix month:;. A queftion has been railed, whethe: a preacher are the iffue of fuch a marriage legitimate f L'l the wife furvive the hufoand, is fne en- dowable of his eltate ? Thefe qutftions may ail arife out.of the marriage !aw;s. As fome of them are, by the laws of England, fub- jecls en"cclefiaflical junfdiction, and there is no ecclcf;altical court eftabii'med in the prov¬ ince, an act of the le^flature may be necef- fary to bring them within the authority oi the court of kiner's bench. But if authorlf- ed to take cognizance or them, that court can fettle thefe points by its decifiuns, with¬ out explanatory aCts of the legillature. The amendment of the law belongs to the legif- lature ; but their interpretation is a judicial rather than a legiilative fiinc"Hon ; and when their true conllruclion is decided, the decif- ions ought to be reported and publifhed, that the maffiftrates and minilters and other fubiecls who are bound by them, may have the means of knowing them, without paying too dearly for their knowledge. perpetual fpring pervades the year, where plea lures fuch a3 mortals know not abound, and from whence he will not wifh to return, to throw obitacles m the way of what we er as a laudable and praife-worthy at- THE PUBLIC S FRILND. tempt. FOREIGN INTELLIGENCE. A. C London, October 8 —The following ad- drefs to the citizens of Rome was iifued by Lucien Bonaparte, and privately diftribtiLfd two days after lie failed : but was immediate¬ ly furprelied by an official order : " To tie Roman Gitizms** " In the bofom of retirement, occupied with no other cares than thofe of contribu¬ ting to the happlnefs or my family and my neighbors, and tailing On Rome's clafhc ter- r-rory all that pure refined blifs wrdch a mind devoted to a love of the arts can enjoy, I was afi'ailed by the ruthlefs hand of defpd- J!C i i n -., , , ... For the Kingston Gazette. MESSRS. EDITORS, I mRECOLLECT my grandmother ufed to tell me when converging (as lhe often did) on the fubjeft of Ghofts, that they but feldom made their appearance upon earth, but when they did it was (as Cne expreffed it) becanfe fomethinff troubled their minds that they mult by all means be fpokett to and if fatlsfactory anfwers were given on the £cb]tfz 'f:hcif Lthefl , they would llflttlt&U ate'.y vanifh frrim our ilght, and without uc- iug the lea ft harm. " This infernal mandate wa?, that I Khould repudiate an endeared wife, and de- lert thofe children whom nature identifies with my exiflence i that I fhonld afcend a throne created by the mod horrible perfidy, imd unite my efforts to defpoil and fubjugate the yet unce>nquered part of the globe. t; Citizens, I had no choice between un¬ conditional fubmilfion and immediate flight. I o was not a little furprffed TaTb W'-<k find that one of thofe rare visiters had an¬ nounced himfelf in your paper, nor could 1 for a moment, when I observed his unlimit¬ ed command of lanopiap-e-, doubt his bein£ what he pretended ; his iine-fpun tropes, his blazing metaphors, his Lig<t quotations and apt aiiulions declare him at once to be fome* thing more than mortal. He begins with faying " much has been faid and a trifle writ¬ ten upon the eftablifhment cf a bank in this place," &c. and I mould very fcrioufly ap¬ prehend, had lie not positively aflerted to the contrary, that the object, of his minion was to defeat this mod valuable institution ; or why does he inform the public that 15 or 18 per cent will have to be paid for the loan of money, when he knows very well the laws of this nor any other country will allow more than 5 ? Why does he pretend that mer¬ chants will fail in confequence of a great plen¬ ty of cam, when it is a well known fact that a canfe diametrically opposite has ever, and in all countries, produced that effect. ? Why does he, to the great detriment and difcredit of the place, pretend that all Kingflon, (where are no lefs than twenty merchants' fhops, ten or a dozen re'pecr.able inns, besides a large number of mechanics, Sec. Sec.) would find a difficulty in railing, at any onetime,a thoufai-d pounds ? And lafl of all, why docs he accufe me, becanfe he finds I am a friend to this undertaking, of alTuming a falfe name, and reprefent me fn want of a capital to man¬ age a concern of which I am totally ignorant ? It giieves meforely, MeiTis. Editors, that hjioftility, become a fure place of refuge to tfhe destitute and oppreficd. " Citizens, farewell ; my gratitude is all h can leave behind- May your clcins fit 'light \)^n you r, Or rather may you foOii C>eaie to bear any, by the intcverufon of that Omnipotent vengeance, vrhich £boner or la- ^.-r puni'flies ufurpation^ tyranny, and op- Ip.efrson. LUCiEN BONAPARTE." ALMEIDA. The French official account of the cap. • :«:ie of Almeida, gives the following par- 1 ,'culnrs of the awful accdent which occa¬ sioned its early capitulation ; u One of our bombs fell upon an ammu¬ nition waggon which the enemy were filling Isar the door of the general magazine, fet on ^50,000 wt. of gun-powder, which explod¬ ed like a volcano, deitroyed the caftle, the Cathedral, and a great numb-rof houfes, ftt many in flames, which continued through he night, and threw a gieat quantity of lubbif!i into our trenches. governor. Cox, was then again summoned w<-» furrendcr, which he refnfed, until the middle of the following nifdit, when he Scried the capirulau'on. There were only LV on fire, afid the lire communicated to The Englilh % hree Englilh officers in the garridba.1' 1 Od.ohcr 16.—A meffenger has arrived from .Portugal, which he left on the 7th hut There had been no fecoud battle. Lord Wellington has obtained fuch inforrnatiyn of ning paper by yeiterday's packet, fays, patches of October 5, are received j Dublin, October 23.—A London eve- def- frora Lord Wellington, dated Alcobaco, S. W. of Leyria. Having given time to the in¬ habitants ox Coirnbra to remove, he retreat¬ ed from the banks of the Mbndego on the ift. Maffena advanced fsom Avellans, crof. kd the Iviondego, and his head quarters were at Lcyna. There had been fome fharo IL'irmiihmo-. '•*» The Dublin paper, notwithstanding the above, publifhes an account via Corunna of October [4, from the army of tx>e 12th, of viCto-ies over the French en the ill and 3d of October, and that 5000 French prison¬ ers were made at OoortoJ Cadiz, OAober 7.—" General O'Don- rjeri has beaten the enemy in Palamas and its. vicinity ; the refult of the expedition has ,.w-^7 , c.v. ^^..u w .^ .^^r------...... been the taking prifoner General Shuart,40 oiFicers, 1800 prifoners, and warlike ftores,. neil, who wds wounded in the foot by a itiujicei ball, has like wife arrived at Tarra¬ gona. )> ± ne o pantfa man of war, San Pedro de Alcaritra, from Lima, whiWs anchored in this bay yesterday, has on board 3*925,854 dollars,' on account of the king and mer¬ chants—lhe has alfo a cargo of cocoa, bloek- tin, jefuits bark, &£• FllOM THE UNITED STATES, —O--------- has Lexington, (K.) 0&. i*.-*A |cn- tleman who arrived in this place on Thnrf- day evening lait direct from Natcher.5 P'ditely favored us with the following inter- eft'ing information from the Floridas. j ' v An exprefs arrived at Natchez a few hours before 1 left it, (which was ro days ago) p..,:., „ffs. , & ' r- r • \ ^ rfytSfXi >t- gen-:l! 0f Eaft and Wefl-Florida) w't wiiiii.j twelve hours march oi the fort -.C Baton Rouge, with a regular iorce of 500 men, together with a confiderable number of volunteers. His ob'eifi, it is faid, was to take the fort. Baton Rouge contained, at the time I left Natchez, between 5 and 600 men ; a"d the people were ftill flock¬ ing hitfl the fort from every direction. General Thomas had fent a meffage to Fofch, that if he was willing he would meet him, and decide the coot-eft on the plains, at a ft art distance from the fort. It appears from accounts from Weft-Flo- nda, thai General Thomas, after taking the fort, found toco muikets, Coo brace of P'.flols, 300 Spaniih fwords, 50 pieces of cannon, and a great quantity of powder, and ball, wiih another article which ought not to be omitted, viz. a ftrong box with 10,000 Spanifh dollars. At WEST FLORIDA. mgto u.i«t j. ii^u bo siimier, lemin, or unjuit mo- tives, in advocating the caufe 1 did ; that what! attempted to advance in favor of the eitablilhment of a hank, was from the honed effusions of the heart : that I did mod can¬ didly and moft facredly believe, viewing the vaft .commerce of our mother country, and its great profperity under the heavy burdens of war, that ihe citablifhment of banks, togeth¬ er with other new inftitntions, had contiibu- ted very greatly towards railing her to her prelent (late of opulence and glory ; and that a &nilar ellahliuWnt in this country, under fimilar regulations, would eventually produce the fame tffcfti : I had fondly ima¬ gined the mife.'sln.ard broken up for the fake of gam and a h.fe depofit in our bartl; • I had fancied to myfelf that vail fttnM ^\L\-[ - Brigadier Portuo-aU General Crawford has died iU , Additional reisforceinents are ordered to Portugal* , An intercepted letter from Maffena, Sep. [ember 22, fays, <• we only march over de* .erts. Every place is abandoned. Women, • hildren, and aged, all fly/* l\t tne moment our paper was gnh pre-fs, wc received information that General Thomas marched with four hundred men, as mounted infantry, 0.1 Tuefdav evening la ft from Baton Rouge for the diitnct of Hel¬ ena, to eftablifh order, and confine all tbflfe who v/ill not fubmit to the powers qf the convention. We hope Mr. Brown, the com¬ mandant of that dill.ice, and General Thom¬ as, will accommodate their difputes without bioodlhed, and form fome kind of govern¬ ment, which is infinitely better than the anarchy with which they are threatened. ^ Wc are informed by a gentleman in this city, vE respectability^ that th'e people of Springfield, a town building at Brook tens Landing, in Welt Florida, have ereded a fort, and named it Ferdinand, for their king, and that they are determined tooppofe gen- eial Thomas and all the acts of the conven¬ tion. Ou: informant a.hls, that they or- dered drirms, fifes, powder, lead, &c. to.be purchafed ai.d fent them. Louj&mapaper. 1' •> French Fleets*—*\ The Gazette of Saturday .-. _ ...... , 4iw woicticui oacuroay contains difpatchea relative to a pmud e>- prt of a fmail Britifl. fquadron off the har- ^rt»f Toulon. A divifi m of the enemy's ?«?U eonfitUng of fix fail of the line and ^iv6ig:,teS, availed itfelf of the temporary itS^^^^^^J^^ »*'fc«-* ^ young woman in the fa* «* 1JJ' '•^^wb^Capuia Clack- r;!tt,j ih, r.m „ '|V1.. U , 1 . h 1(l t**t HORRID ! N e \v-Yo r ic, No ve m ber 10. —Ye 0 crday about 12 o'clock, a ranfl fhoeking murder was committed in Heller ftreef, by a man of the name of IVu!^c!cy, a maion by trade, on the body of a young woman by the name of Jack ibn. He ft nick her on the head £• file was fitting in a chair, with a lh'«ie hiii- mcr, uhich killed hci iullanllv. lie th-» knocked down the roother-in-law ot il>fun- f.