affiftance of the witnefs, which was complied with, and every endea vour poffible was made by the witnefs with the Eaft India company and the Portuguese ambaffador; by the former it was rejected, but the latter agreed to the hiring of the troops, but waited the fanction of his court; during the negotiations the deceafed was very impatient, and called frequently on the witnefs, and every time the difordered ftate of his mind appeared to increase. Laft Sunday when he called, his behaviour was so very violent, that the witnefs's wife and fervants were apprehensive he was going to attack the witnefs's life, and he directed the witness to fend a very infulting letter to the Portuguese ambaffador to break off the negotiation.. Elizabeth Seagur, who keeps Waghorn's coffee-houfe, Old Pa. lace-yard, faid he had known the deceased for these ten years paft. She defcribed his deranged conduct within thefe few months. William Lynn, furgeon, who examined the body of the deceafed, defcribed the mangled ftate in which he found the deceased's face and head. Counsellor Robinfon and Mr. O'Bryan, of Craven-ftreet, Strand, were particularly intimate with the deceased, and gave an account of his conduct for thefe few months paft. A witness proved that the deceased borrowed a piftol from a pawnbroker, in St. Martin's-lane, a few days fince. The jury returned a verdict, that the deceafed had shot himself in a fit of infanity. The remains of this unfortunate gentleman were interred in the church-yard of St. Ann's, Soho, near to the body of his father. The hearfe was accompanied by two mourning coaches, in which were fome gentlemen, who admired and esteemed him when living, and were folicitous of paying this laft tribute to departed worth. -About an hour before the interment, a very refpectable perfon defired to place upon the church-wall, at the head of the grave, the following character. It was fubmitted to the minifter, who granted the requeft. • Here lie the mortal remains of colonel Frederic, fon of Theodore, king of Corfica. In his deportment he was a finished gentleman; in honour, honesty, and truth, he was princely. He was poor in circumftances, rich in the poffeffion of the moft liberal heart; and the greatest diftrefs he laboured under was the want of abilities to relieve the diftreffes of others. God be with him." A proclamation was iffued ordering a general faft in England, on Wednesday, March 8; and in Scotland on Thursday, March 9. A court of common council was held at Guildhall; present the lord mayor, 14 aldermen, the two fhe riffs, and 200 commoners. Mr. Woodbridge then moved, That a dutiful and loyal addrefs be prefented to his majefty, offer. ing our grateful thanks to his majetty for his conftant and paternal regard for the profperity of this country, and the welfare and happinefs of his fubjects, more particularly evinced in his majesty's most gracious and benevolent defign of reftoring peace to these realms, and deeply lamenting that his endeavours to obtain that defirable end have been unhappily fruftrated by the abrupt termina tion of the late negotiation in the haughty and infulting difmiffal of his majefty's ambaffador from Paris; expreffing alfo the confolation we derive from the conviction that the calamities that may attend the continuance of the war, can only be ascribed to the exorbitant views and inimical difpofition of the prefent government of France, and affuring his majefty he may confi. dently rely on the zeal, public fpirit, and refources of this corporation, for every future exertion that may be deemed neceffary for co-operating with our fellow fubjects in the vigorous profecution of a war, the termination of which the overbearing and unreafonable conduct of the enemy has rendered independent of his majesty's will; trufting however, that the united efforts of a loyal people may yet oblige the enemy to accede to a juft, folid, and honourable peace for Great Britain and her allies, and thereby fecure the future repofe and tranquillity to Europe. This motion was feconded by alderman Lushington. Mr. Goodbehere, after calling for several addreffes, which were read, moved, by way of amend his majefty has employed to obtain the bleflings of peace. This amendment was feconded by Mr. Griffiths. A long debate enfued, and the principal fpeakers were fir James Sanderfon, Mr. ald. Lufhington, Meffrs. Kemble, Dixon, Birch, Hodgson, Simmonds, Goodbehere, Griffiths, and Waithman. The question being put, there appeared, For the amendment, 71 Against the amendment, 12 aldermen 123 commoners 2 tellers 137 Majority 66 against amendment. Mr. Waithman, in a long and able fpeech, moved the following amendment: That a dutiful and loyal addrefs be prefented to his majefty, affur ing him of the lively intereft we feel in fupporting, as a branch of the conftitution, the honour and dignity of the crown, and expreff ing our folicitude for the happinefs of his majesty and his auguft family, regretting that the tenor of the inftructions fent to lord Malmesbury, appointed by his ma jefty to negotiate a peace with the French nation, fhould have had fo little tendency to conciliate the mutual animofities, and adjust the fubfifting claims of the two nations; lamenting that his majesty's minifters, by preferring demands apparently inadmiffible, fhould provoke the difmiffal of his majefty's ambaffador, and render the profpect profpect of peace, fo neceffary to the welfare and profperity of this country, an object of doubtful hope and fearful uncertainty-reminding his majefty, that his faithful fubjects, during the prefent difaftrous conteft, have hitherto patiently fubmitted to oppreffive and accumulated burthens and unconftitutional abridgment of their rights and liberties; and conceiving that a farther profecution of the prefent war, for the fupport of his majefty's allies, (in which Great Britain hath no intereft) would be highly detrimental to his majesty's fubjects, and unavailing in its effects; to implore his majefty to direct that fuch fteps may be taken to avert the evils infeparable from a continuance of hoftilities, as fhall manifeft to the whole world a fincere and ardent defire on the part of this country, to heal the wounds of fuffering humanity, and unequivocally to demonftrate a ferious difpofition to promote the repofe of Europe, and to affure his majefty, that thould unexpectedly his gracious endeavours to restore peace be defeated by the unreafonable demands of the French nation, that we will cordially cooperate in every measure that may appear neceffary to compel the enemy to a pacification, confiftent with the honour and dignity of the crown, and the liberties and independence of the people. The amendment was negatived -the original queftion was then carried, and a committee appointed of all the aldermen and a commoner out of each ward, who withdrew, and drew up an addrefs, which was approved and ordered to be prefented to his majefty, by the whole court. 7. In the court of King's Bench, lord Walpole v. lord Cholmondeley, this was a cafe which came before the court upon a writ of error from the Common Pleas, [fce our laft volume p. (24.)] where there had been a trial at bar, and a verdict had been given for lord Cholmondeley. In addition to the writ of error, there was a bill of exceptions, tended on the part of the plaintiff in error, on account of the court of common pleas having refused to receive certain parole evidence at the trial. The difpute arofe upon the codicil of the will of the late lord Orford. His lordfhip had made two wills, the one dated in the year 1752, the other in 1756.-By the one, the estate went to the noble family of Cholmondeley; by the other, to that of Walpole. The queftion at the trial was-To which of the two wills the codicil referred? The fingle queftion of law now was-Whether the parole evidence which was offered to the court of common pleas, ought to have been received? This question was very ably argued by Mr. Serjeant Williams, for the plaintiff, and Mr. Serjeant Palmer, for the defendant in error. The court was unanimoufly of opinion, that the decifion of the court of common pleas was right, upon the broad and general principle of law, that no parole evidence fhould be received to explain the meaning of a will, where there is no latent ambiguity in the inftrument itfelf,' and therefore the judgment of the court of common pleas was affirmed. 11. In the court of King's-bench Mr. Law moved the judgment of the court upon John Smith, who had been convicted of a libel, [fee laft volume p. (67.)] Mr. Mr. Juftice Afhhurft addreffed the defendant to the following effect: John Smith, you have been convicted of publishing one of the moft villanous and atrocious libels that ever appeared in a court of juftice. That libel is contained in a pamphlet, entituled, The Duties of Citizenship, and which has been fo lately before the court, in the cafe of one of your brethren, John Birks, that it is quite unneceffary for me to repeat any part of it, for every man who heard it must remember, and remember with horror, the nature of its contents; the tendency of which is to undermine and deftroy all law, all government, and all religion; from the further publication of fuch materials, the world can never derive either amusement or edification, it is therefore much better to bury it in oblivion; indeed the only edification which others can derive, either from you or your conviction, is, that of learning from your punishment and example, that it is far better for them to endeavour to earn an honest livelihood by honeft industry, than by endeavouring to debauch the minds, and contaminate the morals of his majesty's fubjects. But you have made an affidavit, in which a phyfician and a furgeon join with you, ftating that the ftate of your health is fuch that a long imprisonment muft neceffarily occafion your death. When you published the wicked pamphlet, which is the fubject of the prefent profecution, you paid but little attention to the cause of humanity; for had it fucceeded to the extent of your wishes, it might have endangered the lives of others, whofe fafety and welfare are far more important to fociety than yours; therefore an ap peal to the humanity of the court comes with an ill grace from your mouth; but this court will never lofe fight of humanity, even to the most undeferving. You alleged that the condition of a certain prifon was fuch as would occafion your death, if you should be confined in it. We therefore caufed to be made diligent enquiry as to the ftate of the prifon at Clerken well, and we are informed by Mr. Mainwaring and Doctor Glass, that although it has been reprefented to us as an unwholesome prison, where people are daily dying, yet the fact is not fo, and that although Jofeph Birks was fent there in a bad ftate of health, yet by the difcipline of the prifon he is restored to health; and that although 149 prifoners have been confined there for feveral months, there has not been one death, except that of one perfon who was brought there in a dying ftate. This intelligence has relieved the court from an anxiety which was the effect of its feeling and humanity. But our duty to our king and country demand from us to take care not to fuffer to be let loose upon the public fuch monfters of iniquity as you are. The court having confidered the whole of your cafe, doth therefore adjudge and order that, for this your offence, you be imprisoned and kept to hard labour in the houfe of correction, in Clerkenwell, for two years, and that, at the end of your imprifonment, you do enter into your own recognizance in the fum of 100cl. for your good behaviour for five years; and I with you to keep it in mind, if you are guilty of any offence in that time, fo as to forfeit that recognizance, you must take it upon yourself, and not upon the court that imprifons you. Lord Kenyon-After the mifre- prefentation which has taken place, and from what we now know of the prifon at Clerkenwell, we were called upon, and we think we could not do better, than to fend this perfon there. This prifon, I verily believe, is admirably regulated. I with that every other prifon was in the fame condition. I wifh that every keeper of a prison would recollect and feel, that he owes a duty to the public, that is, to fee that the prifon under his care is duly regulated. Instead of this, I am forry to hear that, in many prifons, there are some of the moft fhocking fcenes of riot and confufion: that in some of them are committed offences of the greatest enormity. I with the keepers of fuch prifons to remem. ber, that their inattention in fuch cafes is highly criminal in them. That fuch inattention in the keeper of a prifon is, by law, an indictable offence. That there must be a reformation, a ipeedy reformation, in these things, or elfe fevere punifhment muft follow. The prifoner faid, I will not detain the court for half a minute. This fentence is equal to a fentence of death upon me. Lord Kenyon. We have examined, with a minute anxiety, into the condition of this prifon, and of this prisoner, and we have found the whole that has been reprefented by him is a grofs impofition in every part of it. All that has been faid by him with refpect to the prifon is grofsly falfe. We have the examination of a phyfician refpecting the state of the health of this very prifoner now ftanding upon the floor. That phyfician was afked, Whether the ftate of the prifoner's health is fuch as that his life would be endangered if he was confined and fubjected to the difcipline of this prifon.' That very phyfician, who attended him for this very purpose, has answered that question in the negative. 14. The London gazette announced the capture of La Sanspeur, French cutter privateer, of two fwivels and 18 men, by the Siren, capt. Goffelin. Philadelphia, Feb. 8. The prefident of the fenate thus addreffed the two houses: Gentlemen of the fenate, And gentlemen of the houfe of reprefentatives, By the report which has been made to congrefs by the tellers appointed by the two houfes to examine the votes, there areVotes for John Adams Thomas Jefferson Thomas Pinckney Aaron Burr Samuel Adams Oliver Elfworth George Clinton John Jay Jeremiah Iredell George Washington John Henry Sam. Johnfon C. C. Pinckney 68 59 30 Η 7 3 The whole number of votes are 138; 70 votes, therefore, make a majority; fo that the perfon who has 71 votes, which is the highest number, is elected prefident; and the perfon who has 68 votes, which is the next highest number, is elected vice-president. The prefident of the fenate again addreffed the two houses In obedience to the conftitution and laws of the United States, and to the commands of both houfes of congrefs, expressed in their refolutions paffed in the prefent feffonI declare, that John Adams is elected prefident of the United States for four years, to commence on |