fore he made any return on the warrant issued by the defendant, Osborn. The counsel for the defendants contend, that the subpoena, with the endorsements, contain no injunction that no injunction accompanied the papers which were left with Osborn on the 15th, and that the writ which issued on the 18th was not authoriz. ed by the order of the court allowing the injunction, and therefore it was void. As to the first-the uniform practice in the courts of chancery in Virginia and Kentucky, where an injunction is granted, is to issue the common sub. pana in chancery, and on it to endorse the injunction. A writ of injunction, according to the form to be found in the British books of precedents, has never been used or practised. The forms used in Virginia and Kentucky may be traced back to the regal government; they have been handed down by every experienced clerk to the present time, and are to be found in all the form books used by clerks of courts in these states, and must be considered as adopted by the act of congress of 1789, to regulate the process in the courts of the United States. The two first clerks of this court were accustomed to these forms, and the practice of this court has been in conformity with thera. The case in vi. Cranch, 188, 189, is an authority shewing the practice, and it is well known to a member of this court, who has acted many years as a clerk in the courts of Virginia and Kentucky. As to the writ issued and served on the 18thWe do not think that, because the writ contained more than was authorised by the order of court allowing the injunction, it follows that the writ was void for these matters permitted and allowed. The prayer of the bill is, to enjoin and stay the said Ralph Osborn, auditor as aforesaid, and all others whom it may concern in anywise, from proceeding under and in virtue of the act of Ohio aforesaid, or any section, part or provision thereof; there are also some specific charges, as well as one for general relief. The injunction granted by the court, was that prayed for in the bill; so far, then, as the writ corresponded with the bill, it was allowed by the court, and upon no principle can it be vitious for more than was contained in it, which was not allowed. We therefore are of opinion, that the papers served did contain a legal injunction. does not swear he had not notice, that an injunction had been granted. If the papers shown him on the 15th did not technically contain an injunction, or the writ served on the 18th contained other matter than was embraced by the order of court, (which could have been discovered only by comparison with the order, and shows that he had notice that an injunction had been granted) he was bound to refrain from doing the act or acts prohibited by the order of court. And if he believed there was any irregularity in the proceeding, subsequent to the order granting the injunction, he should nevertheless have obeyed the process, and applied to the court to correct their irregularity. There was some suggestion that the order granting the injunction was only conditional. That condition was, that bond and security should be given in the penalty of 100,000 dollars. That this condition was complied with, was evidenced by the endorsement on the subpoena, made by the clerk of this court immediately under the other endorse ment, and which was served on the 15th. No person could presume that a bond for costs only would be required in so large a sum, and the conclusion of every rational mind would be, that it was the bond and security prescribed in the order of the court. For these reasons, and other circumstances in the case not necessary to mention. We think the whole proceeding shows a manifest intention to proceed in levying the tax or penalty imposed by the law of Ohio; and that the grounds set up are mere contrivances and pretexts, to elude and evade the effects of the process of this court. Rule made absolute. The Navy of the United States. A writer in the National Intelligencer, in correcting some errors which had been circulated respecting the navy, affords us the following information: "Having had access to the most authentic official documents, I will state, for the information of those who feel an interest in this subject, that, exclusively of the vessels authorized by the act for the graduat increase of the navy, and by the act of the last session of congress, our navy consists of— 4 74's, viz. the Washington, the Franklin, the Independence, and the Columbus.* 4 44's, viz. the Constitution, the Guerriere, the United States, and the Java. It has also been eontended, that the defendant Osborn, after issuing the warrant and appointing a 3 36's, viz. the Congress, the Constellation, andthe collector, was functus officio; and that another then Macedonian. had the controul of the matter, who was not a par-6 sloops of war, viz. the Cyane, the John Adams, ty. From an examination of the law professing to the Erie, the Hornet, the Ontario, and the lay this tax, we entertain a different opinion; and Peacock. whether the defendant, Harper, be considered as 2 brigs--the Spark and the Enterprize. collector or agent, we deem it immaterial-he was 5 schooners, viz. the Nonsuch, the Lynx, the Horconcerned in it, and all who were concerned in anywise, were enjoined. It was also objected, that the service was not by a regular officer. According to universal practice in the courts of chancery, service by an indifferent person, who makes affidavit thereof, has always been deemed sufficient, and is not like the case of the service of process in a court of common law. As to the third point-That the whole proceedings show no contempt. A notice was regularly served on the defendant, Osborn, that an application would be made to the court to grant an injunction. He enclosed that notice to counsel; that counsel was present in court when the injunction was granted; so that he had or might have had notice. And in his affidavit he net, the Despatch and the Asp-all small, 6 gun boats and 4 galleys. 1 steam battery--Fulton. 1 block ship, and a receiving ship--the Alert. And, when all the vessels authorized by the act for the gradual increase of the navy, and by the act of the last session of congress, shall have been built and equipped, our navy will consist of-12 ships of the line. 14 44 gun frigates. 3 36 gun frigates. 6 sloops. 2 brigs. *Two other ships of the line have been built--the Ohio and North Carolina, and are fitting out. For provisions. clothing, &c. tal stores. $97,845 00 $62,610 04 $2,474 60 $25,000 $1,600 $189,529 64 70,048 00 43,122 08 1,965 25 17,500 1,350 133,985 33 58,751 00 35,573 84 1,582 35 13,500 1,200 110,557 19 A brig, 32,276 25 17,562 96 921 20 7,500 800 59,060 41 23,290 50 12,273 02 611 15 3,000 600 39,774 67 large size, 13,900 00 7,600 00 1,400 350 23,250 00 888 In his second number the same writer gives a number of extracts from British publications, of high authority, to shew the hostility of that nation to this species of force in America: among them is the following, said to have been written by a lord of the admiralty "Smarting, as our navy now does, under the recollection of the successes of the Americans by sea, we cannot, with honor or self-gratification, lay down the sword until her infant, but thriving navy, is swept away. To effect this ought to be our grandi object. It is the favorite child of America, and certainly bids fair, if allowed to attain maturity, to exalt her in the scale of nations, and enable her to dispute with us, in good earnest, for our naval supremacy." Astor-Naval Chronicle, vol. 32, p. 486.-1814. And his third number, says— "The friends of the navy aim at nothing more than the defence of the nation. They desire "entangling alliances with none." They may, in their humanity, deplore the convulsed condition of Europe, but they would reserve our strength for ourselves. They would keep it in such a state of preparation, such a posture for action, as to prevent any foe from touching our soil. This, surely, is the true policy of the nation. Never permit an enemy to reach your shores: attack him on the highway of nations and let your farmers, your planters, your graziers, your manufacturers, pursue their avocations undisturbed. If an enemy comes upon you, it will be with a fleet of ships. Meet him with the same weapons, yard-arm and yard-arm. I ask all our Atlantic borderers, if they do not know, if they do not still feel, that this is our true policy? If they do not remember how much they were harassed and perplexed during the late war, by a few enemy vessels within our waters? If they do not re. member the many inconveniences to which they were exposed, in being drawn from their families and assembled, here to-day, there to-morrow, marching and countermarching, to meet the eneannual cost of each de-my, never to be found except when it suited himscription of vessels of which our navy is, or will be self-who would threaten a place a sufficient length composed. Suppose, then, all the ships and vessels of time to induce us to collect a force for its deof war, authorized by law, were built, equipped, fence, then dash off and attack our unguarded and in actual service, full manned: suppose a atate points, where we could not follow him in season, of actual war, in which state alone would they all since, what might take us weeks, could be reached, be employed: What would the whole annual ex-by him, in a few hours. pense of our navy be? In engaged in action, than were lost in all our sea bat-your views and wishes; and, convened, to cause to tles. This is not said in disparagement of the mili disappear for ever, the memory of past events. tary commander on that station, or of the men order, therefore, to fulfil the desires of the king, and themselves. That commander was distinguished satisfy my own wishes, I address myself, under this for his military pride, and maintained as much dis- date, and by commissioners fully authorized to the cipline, subordination and cleanliness, as could authorities actually governing in the separated have been maintained in any body of men unaccus-countries, in the manner most clear, satisfactory. tomed to camp; and the men would, no doubt, have and able in human prudence, to terminate the disfought gallantly, if occasion had offered. Thanks sentions of brothers. But as it is impossible to listo the commander, and to the men, who assembled with so much alacrity, in defence of their country! But the system of defence deserves execration. May we take counsel of our own experience, and never suffer ourselves to be so unprovided, as to be compelled to resort to it again." ten to, or understand you, with arms in hand, it is necessary to suspend them, and bring about, with the suspension, that state of calm which gives place to reason, and in which the heat of the pas sions cease. For this purpose, and under this date I give orders to the commandants of the various di visions of the army and naval forces, under my command, that they cause hostilities to cease on South American State Papers. their part, remaining in the territory which they The following correspondence, together with the occupy, and that they should count upon this ne stand taken by the congress of Venezuela, will cessary suspension, from the day on which your shew that there is little, if any, prospect of an ac- lordship receives this, until one month afterwards. commodation being effected between Spain and But it not being equally possible that this indispen her late possessions in this part of South Ame-sable measure may be communicated to the gorica, except by a recognition of the claims of the vernment, upon which you depend, with the ne Tatter to independence, cessary promptitude, I have thought it proper to address directly to you so interesting a communi. cation. I expect that your lordship will acknowledge the frankness of my procedure, the sincerity of my in tentions, and the goodness of the king, who is anxious only for the reunion and happiness of the great family. God preserve, &c. Head-Quarters, Caracas, June 17, 1820. PABLO MORILLO. Senor DoN MARIANO MONTILLO. Morillo to Montillo, dated Caracas, 17th June. Perhaps the great and happy events of March, in European Spain, may not have yet reached the notice of your lordship. His majesty, always attentive to the good of his beloved people, has spontaneously divested himself of the power which his predecessors had enjoyed for three centuries, and sworn to the observance of the political constitution of the monarchs, which was sanctioned by the Cortes on the 18th of March, 1820, and which was the universal will of the nation. Never did a king give such positive proofs of the rectitute and sinceriTo his excellency don Pablo Morillo. ty of his desires, nor make so heroic a sacrifice for After the immensity of the irreparable evils. the happiness of his subjects. The peninsula of Spain which the atrocious and desolating conduct of the took that celebrated oath in an instant; and the Spanish generals, who have conducted the war, has provinces of American Spain, have followed its ex-brought upon unfortunate America: after your example in the midst of the acclamations of the peo-cellency has sown with mourning, and bathed with ple, causing, by their noble conduct, the horrors of intestine war to disappear, as ought in such circumstances to be expected. blood, every kingdom and province, on which you have set your foot, sending their most illustrious sons to perish on the scaffold, and under the disThe gazette, which I send to your lordship here- graceful knife of the executioner, and dissipating with, will prove to you these facts. The king, seat-the most aniple fortunes; after the enormous couad upon the august constitutional throne of the tributions exacted from a most miserable people, Spains, and amidst the many and weighty occupa-laws have had only for their object the most igno. tions which the change of a fundamental law car-minious slavery, or the project of reducing them ries with it, one of his first steps has been to turn to a state of annihilation; finally, after the most his eyes towards those provinces of the monarchy, shameful imprisonments, the most degrading insults, which have been devastated by a war which has and the most mortifying vexations have been the originated in the fatality of circumstances, either rewards destined, by your excellency, for honor, in an error of calculation, which has made more talents, and learning, the proposals for peace and horrible the re-action of the parties, or in the la-reconciliation, to which you write me in your des mentable spirit of revenge, which have occasioned patch of 17th June, come much too late. The atrocities so much the more violent, as the relation-American has already made known his wishes, with ship of the parties has been more near, It has had that firmness which the continued experience of his no other result than the devastation of Venezuela misfortunes naturally inspires, and has sworn before for principles perhaps wholly equivocal. The king, the sacred manes of the victims, so impiously sacripenetrated with sorrow has seen the misfortunes of ficed by your excellency, to trust his future destithese portions of his great empire, and has thought nies to his own measures only, and from henceforth, that the happiness and satisfaction of his paternal to depend upon nothing but them.-Reflect a moheart would not be complete, unless it opened all ment upon the plan of the operations you have exIts benificence, and put in action all the means posecuted in South America, recall to your imaginasible to terminate these evils. His first step has tion the assassinations, confiscations, and violence therefore been to address to these people the an- of every kind,committed under the safeguard of the nexed proclamation, full of moderation and good-most ample amnesties, and with which you left your ness, worthy of the gratitude of his subjects and footsteps marked in Santa Fe, Venezuela, and the admiration of strangers. His majesty, in consequence, not putting narrow limits to his generous desires, has authorized me particularly to treat with the dissenting governors, to convene you, to learn other parts of your passage; turn your eyes towards those horrid places, originally destined for the confinement of malefactors, but now the receptacle of the most illustrious men, respectable fathers of fa milies, and useful members of the state, and your been carried on against me under the name and au• excellency will be convinced, that the mere sudden [thority of your majesty-and which persecution, change of language, is not sufficient to repair the instead of being mollified by time, time has render. grievances and the losses we have experienced; ed only more and more malignant and unrelenting nor to change our ideas and sentiments. This lan--it is not without a great sacrifice of private feelguage would appear more sincere and less suspici-ing, that I now, even in the present remonstrance, ous in any other mouth than that of your excellen- bring myself to address this letter to your majesty. ey, who, speaking to your sovereign in your official But, bearing in mind that royalty rests on the basis despatches of the political state of South America, of public good; that to this paramount consideraand describing the character of its inhabitants, es-tion all others ought to submit; and aware of the pecially those of Venezuela, clearly pointed out consequences that may result from the present unthe impossibility of your subjugating them without constitutional, illegal, and hitherto unheard of procutting off two-thirds of the population, which, ceedings, with a mind thus impressed, I cannot rewithout doubt, formed the chief object of your frain from laying my grievous wrongs once more fears. Your excellency has executed this with an before your majesty, in the hope that the justice exactness, which leaves your employers no room which your majesty may, by evil-minded counselfor complaint, and is in conformity with the general lors, be still disposed to refuse to the claims of a ideas of your nation. If a person of your excellen-dutiful, faithful and injured wife, you may be incy's foresight, information and political knowledge, duced to yield to considerations connected with the had consulted the history of revolutions and their vis- honor and dignity of your crown, the stability of cissitudes, he would have found, that a true states-your throne, the tranquility of your dominions, the man is not an assassin, a robber, or an incendiary.happiness and safety of your just and loyal people, Your excellency must not, therefore, be surprised, whose generous hearts revolt at oppression and if, agreeably to the powers with which I am entrust-cruelty, and especially when perpetrated by a pered, and the general wish of the people, who ac- version and a mockery of the laws. knowledge the government of the republic, and in- A sense of what is due to my character and sex dependent of any resolution to which the supreme forbid me to refer minutely to the real causes of government may come, respecting the proposals our domestic separation, or to the numerous unmefor peace and reconciliation, which your excellen-rited insults offered me previously to that period; cy offers, I, on my own part, distinctly declare, that but, leaving to your majesty to reconcile with the I will agree to no suspension of arms, nor enter in- marriage vow the act of driving, by such means, a to any sort of negociation, unless the preliminary wife from beneath your roof, with an infant in her step is the recognition of the independence of Ame-arms, your majesty will permit me to remind you, rica, upon which indispensable basis, every subse- that that act was entirely your own; that the sepaquent treaty must be founded. The inviolable obration, so far from being sought for by me, was à senservance of the rights of nations, and the sacred tence pronounced upon me, without any cause asprinciples of humanity, in the farther prosecution signed, other than that of your own inclinations, of the war, will be laws to which I shall most religi- which, as your majesty was pleased to allege, were ously subject myself, if they are equally attended not under your own control. to on the part of my adversary. If a contrary sysNot to have felt, with regard to myself, chagrin tem is adopted, I shall do a violence to my own feel-at this decision of your majesty, would have argued ings, and inflict a just retaliation; if, instead of our great insensibility to the obligations of decorum; arms having been crowned on every side with vic-not to have dropped a tear in the face of that be. tory and triumph, we had suffered reverses, and loved child, whose future sorrows were then but fortune had declared against us, you would always too easy to foresee, would have marked me as unhave heard from me the same language, being, as I worthy of the name of mother; but, not to have subam, not the slave of partial circumstances, or firm-mitted to it without repining, would have indicated est accidents, but open to the primest conviction a consciousness of demerit, or want of those feelthat the true interests of both the contending na-ings which belong to affronted and insulted female tions, of which the one employed in subjugating honor. and tyrannising, and the other in defending itself The "tranquil and comfortable society" tenderfrom the yoke, will perpetuate a war which will ed to me by your majesty, formed, in my mind, ultimately terminate in the extermination of one but a poor compensation for the grief occasioned or of both. Europe and the world, will duly appre-by considering the wound given to public morals. ciate our reasons, our conduct, and the determina- in the fatal example produced by the indulgence of tion which will regulate our future conduct, whe-your majesty's inclinations; more especially when ther for peace or war, and their impartiality will de-I contemplate the disappointment of the nation, cide on the justice, which should recommend the present events to posterity and the existing gene ration. MARIANO MONTILLO. God and liberty. Foreign Articles. who has so munificently provided for our union, who had fondly cherished such pleasing hopes of happiness arising from that union, and who had hailed it with such affectionate and rapturous joy. But, alas! even tranquility and comfort were too much for me to enjoy.-From the very threshold of your majesty's mansion, the mother of your child was pursued by spies, conspirators, and trai tors, employed, encouraged, and rewarded to lay snares for the feet, and to plot against the reputa Something momentous is agitated. Couriers be- tion and life of her whom your majesty had so re tween the different courts are passing and repas-cently and so solemnly vowed to honor, to love, and sing with the greatest activity. EUROPE GENERALLY. GREAT BRITAIN AND IRELAND. The queen's letter to the king. SIR,-After the unparalleled and unprovoked persecution which, during a series of years, has to cherish. In withdrawing from the embraces of my parents, in giving my hand to the son of George the Third, and the heir apparent to the British throne, nothing less than a voice from heaven would have made me fear injustice or wrong of any kind. What, then, I were their only merits, and whose power has been was my astonishment at finding that treasons against exercised in a manner, and has been attended with me had been carried on and matured, perjuries consequences, worthy of its origin. From this unagainst me had been methodized and embodied, a principled and unnatural union have sprung the secret tribunal had been held, a trial of my actions manifold evils which this nation has now to endure, had taken place, and a decision had been made and which present a mass of misery and degradation, upon those actions, without my having been in-accompanied with acts of tyranny and cruelty, raformed of the nature of the charge, or of the names ther than have seen which inflicted on his indusof the witnesses And what words can express the trious, faithful, and brave people, your royal father feelings excited by the fact, that this proceeding would have perished at the head of the people.. was founded on a request made, and on evidence When to calumniate, revile, and betray me, befurnished, by order of the father of my child, and came the sure path to honor and riches, it would my natural as well as legal guardian and protector? have been strange indeed, if calumniators, revilers, Notwithstanding, however, the unprecedented and traitors, had not abounded. Your court beconduct of that tribunal-conduct which has since came, much less a scene of polished manners and undergone, even in parliament, severe and unan-refined intercourse, than of low intrigue and scurswered animadversions, and which has been cen- rility. Spies, bacchanalian tale-bearers, and foul sured in minutes of the privy council--notwith-conspirators, swarmed in those places which had standing the secrecy of the proceedings of this tri- before been the resort of sobriety, virtue and honor. bunal notwithstanding the strong temptation to To enumerate all the various privations and mortithe giving of false evidence against me before it-fications which I had to endure, all the insults that notwithstanding that there was no opportunity afwere wantonly heaped upon me, from the day of forded me of rebutting that evidence-notwith standing all these circumstances, so decidedly favorable to my enemies-even this secret tribunal acquitted me of all crime, and thereby pronounced my principal accusers to have been guilty of the grossest perjury. But it was now, (after the trial was over), discovered that the tribunal was such as to render false swearing before it not legally criminal! And thus, at the suggestion and request of your majesty has been created, to take cognizance of and try my conduct, a tribunal competent to administer oaths, competent to examine witnesses on oath, competent to try, competent to acquit or condemn, and competent, moreover, to screen those who had sworn falsely against me, from suffering the pains and penalties which the law awards to wilful and corrupt perjury. Great as my indignation naturally must have been at this shameful evasion of law and justice, that indignation was lost in pity for him who could lower his princely plumes to the dust, by giving his countenance and favor to the most conspicuous of those abandoned and notorious perjurers. your elevation to the regency to that of my departure for the continent, would be to describe every species of personal offence that can be offered to, and every pain short of bodily violence that can be inflicted on any human being. Bereft of parent, brother, and father-in-law, and my husband for my deadliest foe; seeing those who have promised me support bought by rewards to be amongst my enemies; restrained from accusing my foes in the face of the world, out of regard for the character of the father of my child, and from a desire to prevent her happiness from being disturbed; shunned from motives of selfishness by those who were my natural associates; living in obscurity when I ought to have been the centre of all that was splendid, thus hum, bled, I had one consolation left-the love of my dear and only child. To permit me to enjoy this was too great an indulgence. To see my daughter; to fold her in my arms; to mingle my tears with hers; to receive her cheering caresses, and to hear from her lips assurances of never-ceasing love; thus to be comforted, consoled, upheld, and blessed, was too much to be allowed me. Even on the slave mart the cries of "Oh! my mother, my mother! Oh! my child! my child!" have prevented a separation of the victims of avarice. But your advisers, more inhuman than the slave dealers, romorselessly tore the mother from the child. Still there was one whose upright mind nothing could warp, in whose breast injustice never could find a place, whose hand was always ready to raise the unfortunate, and to rescue the oppressed. While that good and gracious father and sovereign remained in the exercise of his royal functions, his Thus bereft of the society of my child, or reduced unoffending daughter-in-law had nothing to fear. As to the necessity of imbittering her life by struggles Jong as the protecting hand of your late ever beloved to preserve that society, I resolved on a temporary and ever lamented father was held over me, I was absence, in the hope that time might restore me to safe. But the melancholy event which deprived the her in happier days. Those days, alas! were never nation of the active exertions of its virtuous king, be- to come. To mothers, and those mothers who reft me of a friend and protector, and of all hope of have been suddenly bereft of the best, affectionate future tranquility and safety. To calumniate your in- and only daughters-it belongs to estimate my suf nocent wife was now the shortest road to royal fa-ferings and my wrongs. Such mothers will judge of vor, and to betray her was to lay the sure foundation my affliction upon hearing of the death of my child, of boundless riches and titles of honor. Before and upon my calling to recollection the last look, the claims like these, talent, virtue, long services, your last words, and all the affecting circumstances of our own personal friendships, your royal engagements, separation. Such mothers will see the depth of my promises, and pledges, written as well as verbal, sorrows. melted into air. Your cabinet was founded on this its bosom will drop a tear in sympathy with me. Every being with a heart of humanity in basis. You took to your councils men, of whose And will not the world, then, learn with indignapersons, as well as whose principles you had inva- tion, that this event, calculated to soften the hardriably expressed the strongest dislike. The inte- est hearts, was the signal for new conspiracies, and rests of the nation, and even your own feelings, in indefatigable efforts for the destruction of this afall other respects, were sacrificed to the gratifica-flicted mother? Your majesty had torn my child tion of your desire to aggravate my sufferings, and from me; you had deprived me of the power of beinsure my humiliation. You took to your councilsing at hand to succour her; you had taken from me and your bosom, even men whom you hated, whose the possibility of hearing of her last prayers for her abandonment of, and whose readiness to sacrifice me, I mother; you saw me bereft, forlorn, and broker |