political for the kingston gazette tnant c fro different pari of the prov ince woldhave un muttered together to fj 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 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 vvou have converel it to wood of the warfpitt with not more than one half the enemy force completely f trated their object this gallant affair af our messrs editors 1 fercelve that two writers in f r- r have among other things difcufledhe q idlicm whether the law or the province v fpeing 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 tuefhte 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 w il legal and void and a feverepunifhment is m- cu red the provincial ftatute declares mar riages lawful altho not foiemnized in acon- feeatcd 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 piielt 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 ft ill 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 irrefftible fejniee in the eftabiifhment of this excellent iidit ition 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 aoiitrate liable to indictment or ac- j i k- n ftitite is in tion are the parties indidable for cohabit ed and varied by the provincial aatutc i uiw r r v i a rtt r nphn kiifm ref- log under inch an unautaonkd marriage force here a similar question antes rei- b ivjl 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 iworn 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 rccognhavee of bail which is exprefsly directed by ftatute to be conformable to this principle ot is tlitenglim law in force refpemg the form nf the bond sad its condition by which a for feiture may be incurred and the bail become liable without the principals going out of the province and leaving his debts unpaid thefe are proper queilions for judicial con sideration and decision suchqueftions may arife upon aimed every f abject 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 w the decilion of the court fettles the conftrutoi of a ftatute and afeertains the law withom an explanatory act of the legif- iarure this is the proper way to remove many courjcs ad ancerfcamtieswhich at prtf- cnt eriit i the laws it is the way in which the- laws o the mother country become hxr and known the adjudications of the court fhiuid be reported and the reports publiilied for the ufe and information of all peifons concerned in fomecafes 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 bel method in any government and ef- pecialy in one whofefyitem of laws i com pounded and modified like that of this prov ince if the court of kings 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 refpeit 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- noi 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 provif- 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 are the eighteen miles to be reckoned from the hab itation of the episcopal minfter or from the ieveral fttion where he officiates both of theft conftruinsbave been contended for by theother a minilters of focieties pro- hnz 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 mimhvra congregation fix month a queftion has been railed whethe a preacher are the iffue of fuch a marriage legitimate f ll the wife furvive the hufoand is fne en- dowable of his eltate thefe qutftions may ail arife out of the marriage aw as fome of them are by the laws of england fub- jecls en cclefiaflical junfdiction and there is no ecclcfaltical court eftabiimed in the prov ince an act of the leflature may be necef- fary to bring them within the authority oi the court of kiners 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 fiinchon 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 o 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 praifeworthy 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 furp relied 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 romes clafhc ter- rrory all that pure refined blifs wrdch a mind devoted to a love of the arts can enjoy i was afiailed by the ruthlefs hand of defpd- jc i i n for the kingston gazette messrs editors i m recollect 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 cbtfz fhcif lthefl they would llflttltu atey 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 uncenquered 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 wk 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 iinefpun tropes his blazing metaphors his ligt 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 repecrable inns besides a large number of mechanics sec sec would find a difficulty in railing at any onetime a thoufaid 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 ceaie to bear any by the intcverufon of that omnipotent vengeance vrhich boner or la- r puniflies ufurpation tyranny and op- ipefrson lucien bonaparte almeida the french official account of the cap 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 50000 wt of gunpowder which explod ed like a volcano deitroyed the caftle the cathedral and a great numbrof houfes ftt many in flames which continued through he night and threw a gieat quantity of l 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 capirulauon there were only l on fire afid the lire communicated to the englilh hree englilh officers in the garridba 1 odohcr 1 6 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 yeiterdays 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 ilirmiihmo- the dublin paper notwithstanding the above publifhes an account via corunna of october 4 from the army of txe 12th of victoies over the french en the ill and 3d of october and that 5000 french prison ers were made at ooortoj cadiz oaober 7 general odon- rje r i has beaten the enemy in palamas and its vicinity the refult of the expedition has w- cv u w 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 3925854 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 pditely favored us with the following inter- efting information from the floridas j v an exprefs arrived at natchez a few hours before 1 left it which was ro days ago p r- r rfytsfxi t- gen- l 0 eaft and weflflorida w wiiiiij twelve hours march oi the fort c baton rouge with a regular iorce of 500 men together with a confiderable number of volunteers his obeifi it is faid was to take the fort baton rouge contained at the time i left natchez between 5 and 600 men ad 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 cooteft 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 pflols 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 10000 spanifh dollars at west florida mgto ui j iiu 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 mifeslnard broken up for the fake of gam and a hfe depofit in our bartl i had fancied to myfelf that vail f brigadier portuoau 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 lt tne moment our paper was gnh prefs wc received information that general thomas marched with four hundred men as mounted infantry 01 tuefdav evening la ft from baton rouge for the diitnct of hel ena to eftablifh order and confine all tbflfe who vill 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 the 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 ahls that they or- dered drirms fifes powder lead c tobe purchafed aid fent them loujma paper 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- rtf toulon a divifi m of the enemys u eonfitung of fix fail of the line and iv6igte availed itfelf of the temporary itsj fc- young woman in the fa 1jj wbcapuia clack- rtt ih r u 1 h 1 tt horrid n e vy o r ic no v e m b er 10 ye 0 crday about 12 oclock a ranfl fhoeking murder was committed in heller ftreef by a man of the name of ivu ccy 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 lhie hiii- mcr uhich killed hci iullanllv lie th- knocked down the rootherinlaw ot ilfun- f