against the public safety, shall be allowed for the recovery, disposal and removal of their goods and effects, and for their departure, the full time which is or shall be stipulated by any treaty, where any shall have been between the United States, and the hostile nation or government, of which they shall be natives, citizens, denizens, or subjects; and where no such treaty shall have existed, the President of the United States may ascertain and declare such reasonable time as may be consistent with the public safety, and according to the dictates of humanity and national hospitality. "Section 2. And be it further enacted, That after any proclamation shall be made as aforesaid, it shall be the duty of the several Courts of the United States, and of each state, having criminal jurisdiction, and of the several Judges and Justices of the Courts of the United States, and they shall be and are respectively, authorized upon complaint against any alien or alien enemies as aforesaid, who shall be resident and at large within such jurisdiction or district, to the danger of the public peace or safety, and contrary to the tenor or intent of such proclamation, or other regulations which the President of the United States shall and may establish in the premises, to cause such alien or aliens, to be duly apprehended and convened before such Court, Judge, or Justice; and after a full examination and hearing on such complaint, and sufficient cause therefor appearing, shall and may order such alien or aliens to be removed out of the territory of the United States, or to give sureties of their good behaviour, or to be otherwise restrained, conformably to the proclamation or regu lations which shall and may be made, as aforesaid, shall be performed. "Section 3. And be it further enacted, That it shall be the duty of the marshal of the district in which any alien enemy shall be apprehended, who by the President of the United States, or by order of any Court, Judge, or Justice, as aforesaid, shall be required to depart, and to be removed as aforesaid, to provide therefor, and to execute such order, by himself or his deputy, or other discreet person or persons to be employed by him, by causing the removal of such alien out of the territory of the United States; and for such removal, the marshal shall have the warrant of the President of the United States, or of the Court, Judge, or Justice, ordering the same, as the case may be." Approved, July 6, 1798.-1 Peters' Stat. at Large, 577. Of Mr. Duane, I have been favored with the following notice.-"William Duane was born in the year 1760 in the vicinity of Lake Champlain, in the province of New York, where his parents, natives of the south of Ireland, had settled a short time previously. His father died shortly after his birth, and when he was about seven years old his mother removed with him, her only child, to Philadelphia, where they remained until he was eleven years of age. His mother then returned to Ireland, taking him with her, and settled at Clonmel, where she had resided previous to her going to America. Being in easy circumstances, she brought up her son to no business, leaving him at leisure to indulge his inclinations for the acquirement of knowledge, and apply himself to examining the processes used in various trades, according to the fancy of the moment; among other pursuits to which he occasionally directed his attention, watch-making pleased him most. When nineteen years of age he married, a step which, as his wife was a Presbyterian, deeply offended his mother, a rigid member of the Church of Rome, so that she immediately dismissed him at once from her house and her affections, and never spoke to him afterwards. Thrown upon his own resources for the support of himself and his family, he apprenticed himself to learn the printing business, in which he was engaged both in Ireland and in London until about the year 1784, when he proceeded to India in search of that fortune which so many have found there. In a few years he had acquired a handsome competence, and established a newspaper in Calcutta called 'The World.' His independent course as the editor of this paper led to his expulsion from India. Some difficulty had occurred between the government and a portion of the military in their employ, in the course of which 'The World' espoused the side of the latter. Soon after, Mr. Duane received an invitation from Sir John Shaw, the Governor, to breakfast; whilst repairing to his residence he was seized by a file of sepoys who lost no time in placing him on board a vessel on the point of sailing for England. His property, including a valuable library, rich in works of oriental literature, was seized and confiscated. In England, he was unable to obtain any redress; the East India Company referred him to Parliament, and Parliament in return referred him to the East India Company. About this time his uncle, Matthew Duane, the eminent conveyancer mentioned as one of Lord Eldon's preceptors, advised him to turn his attention to the law; but a little work entitled 'The Quibbles of the Law,' which fell into his hands, dissipated completely any thoughts of that profession, if they were seriously entertained. He entered upon the career of a parliamentary reporter, and afterwards became the first editor of a newspaper entitled 'The General Advertiser,' which, under its present name of The Times,' is known throughout the civilized world. Mr. Duane now turned his attention to the subject of politics, and his past experience rendering arbitrary government very distasteful, he sided with the English reformers in their principles and views, becoming intimate with Horne Tooke, Thelwell and others of that school. On one occasion he presided at a meeting, in Copenhagen fields, of 'one hundred thousand advocates of Parliamentary reform.' In 1795, he came with his family to America, and settled in Philadelphia. Here, after being concerned in some literary works, among which was a History of the French Revolution, he became connected with the Aurora' newspaper, then recently established as the organ of the Republican party, by Benjamin Franklin Bache. Philadelphia being then the seat of the general government, it became the leading paper of that party throughout the United States. On Mr. Bache's death, in 1798, of the yellow fever, at that time raging in Philadelphia, he became the editor of the paper. That he wielded a vigorous pen may be inferred from Mr. Jefferson's admission that to the Aurora he was indebted for his elevation to the Presidency. We must admit that this vigour was not always unaccompanied by personalities that would now be con. sidered highly objectionable; but it may be suggested, in extenuation, that such was then the usage with editors of all parties, and that political excitement and exasperation through. out the United States rose to a height, of which we can, fortunately, form no idea, from the present mode of conducting political controversies. To the political rancour, above referred to, must be ascribed the case in the text which resulted in the decision of one of the United States Courts' requiring Mr. Duane, who was a Native American, to be naturalized. In 1800, the seat of government was removed to Washington City, and the Republican party being now in the ascendant, Mr. Duane established a printing office and book store in that city. Philadelphia, of course, lost that importance which the presence of the Federal Government had, for some years, given it, and the Aurora felt the change as well. It thenceforth rather diminished in influence, and after a time found its place supplied by new organs at the seat of government. During Mr. Duane's connection with the paper, a period of over twenty years, he was not without many warm controversies with political opponents, and, on at least one occasion, mob violence was called where it was felt that the pen would prove an inefficient weapon in a contest with him. During Mr. Adams's administration, some troops of horse were sent from Philadelphia to Reading to cut down the liberty poles in 'Old Berks,' and perform other heroic achievements. They lived here pretty much as if in an enemy's country, and accordingly a letter was published in the Aurora, complaining of their system of free quarters. On their return to town a large party of the offcers proceeded to the Aurora office in Franklin Court, and placing sentinels over the hands, dragged Mr. Duane into the street, and beat him until he was insensible. [See for notice of the state of the press at the time, the introduction to this work.] Mr. Duane advocated the re-election of Mr. Jefferson, and condemned, as did very nearly all the Republican party, the course pursued by Mr. Burr's friends and the Federal party, on that occasion. An attempt was made to attack Mr. Duane's conduct towards Mr. Burr in the Memoirs of the latter, published, shortly after his death, by one of his friends; but as the author was obliged to garble the passages in the 'Aurora,' which he pretended to quote to make out his case, was not remarkably successful. [See the Democratic Review for March, 1839, page 333.] "Mr. Duane's knowledge of military affairs was extensive. The Hand Books, compiled by him for the different branches of the army, were, at one time, the recognized books of instruction for the service. A military dictionary was another of his productions. For some time he commanded the Philadelphia Legion, a body of volunteers that has not been since surpassed. He owed the title of Colonel, by which he was subsequently designated, to this circumstance. During the war with England, 1812-1815, he was appointed AdjutantGeneral of the army for the division which embraces Pennsylvania. 66 'About 1816, the Democratic party in Pennsylvania was divided into what were known as the Old and New Schools, principally upon the question how the Governor should be nominated, the former advocating Conventions, and the latter, Legislative caucuses. The New School party elected their candidate, Mr. Findlay, in 1817; in 1820 the Old School party carried their candidate, General Hiester, who was also supported by the bulk of what remained of the old Federal party. In these contests, the Aurora' advocated the system of Conventions. Since 1820 they have prevailed over the old caucus system. "Mr. Duane had warmly advocated the independence of the Spanish Colonies in North and South America, for which the Congress of Colombia paid him the compliment of a formal vote of thanks., This led several creditors of that government, residing in the United States, to consider him a suitable person to present their claims before the government of that country. Mr. Duane accordingly disposed of the Aurora' in 1822, and set sail for South America. To furnish an idea of the results of the credit system of publishing newspapers, it may be mentioned in this connexion, that the bad debts standing upon the books of the 'Aurora,' were to the amount of eighty thousand dollars, the one-fourth of which would have made Mr. Duane comfortable for life. These books were subsequently presented to one of the Camden ferry boats for fuel, and raised steam, if nothing else. "Many men, who rose to eminence, served in the 'Aurora' office as journeymen or appren tices. Judges, Members of Congress, and Mayors sprung from it; and the great American tragedian was, for a time, an apprentice therein, being known as 'little Edwin.' "Mr. Duane's visit to Colombia was unsuccessful as far as the interests of his principals were concerned, 'the great no pay principle' being highly popular in the country he visited. An amusing and instructive volume of travels, which he published on his return, leaves no one else any reason to regret that the journey was undertaken. "After his return, he was appointed an Alderman of Philadelphia, and subsequently the Prothonotary of the Supreme Court of Pennsylvania for the Eastern District, in which he remained until the period of his death in the autumn of 1835. "His writings, in addition to his papers, as the editor of a daily newspaper, comprise works on education, history, military science, politics, and political economy." PROCEEDINGS IN THE CASE OF JONATHAN ROBBINS, ON A CLAIM FOR DELIVERY TO THE BRITISH GOVERNMENT ON CHARGE OF MURDER. IN THE DISTRICT COURT OF THE UNITED STATES FOR CHARLESTON, 1799.* THE question before the court was grounded on a habeas corpus, to bring up Jonathan Robbins, who was committed to jail in February 1799, on suspicion of having been concerned in a mutiny on board the British frigate Hermione, in 1791; which ended in the murder of the principal officers, and carrying the frigate into a Spanish port; and on a motion by counsel, on behalf of the consul of his Britannic majesty, that the prisoner should be delivered up (to be sent to Jamaica for trial), in virtue of the 27th article of the treaty between the United States and Great Britain, which article runs thus: "ART. 27. It is further agreed that his majesty and the United States, on mutual requisitions, by them respectively or by their respective ministers or officers authorized to make the same, will deliver up to justice all persons, who being charged with murder or forgery, committed within the jurisdiction of either, shall seek an asylum within any of the countries of the other: provided that this shall only be done on such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the offence had there been committed. The expense of such apprehension and delivery shall be borne and defrayed by those who make the requisition and receive the fugitive." The commitment of the prisoner, and the consequent demand made of him by the consul of his Britannic majesty here, were grounded on the two following affidavits : * The report in the text is taken from 1 Hall Jour. of Jur. 18; see, also, Bee's Reports, 266. South Carolina District. William Portlock, a native of Portsmouth, in the State of Virginia, upwards of eighteen years old, appeared before me, and being duly sworn and examined, saith that he went out before the mast in the schooner Tanner's Delight, which was commanded by Captain White, who arrived here about three weeks ago; that a person who answered to the name of Nathan Robbins, came also in the said vessel before the mast, with him; that he, the said Robbins, is a tall man, middle size, had long black hair, dark complexion, with a scar on one of his lips; that on or about last Christmas night he was present, and heard the said Robbins talking, in the harbour of the city of St. Domingo, to some French privateersmen who were on board the Tanner's Delight, when and where he informed them, in his hearing, that he, the said Robbins, was boatswain's mate of his Britannic majesty's frigate Hermione, when she was carried into the port Cavillia, and added that they had no occasion to take any notice of that. And after the above time, sometimes when he was drunk, he, the said Robbins, would mention the name of the Hermione, and say, bad luck to her, and clench his fist. His WILLIAM PORTLOCK. Mark. Sworn before me this 20th February, 1799, THOMAS HALL, J. P. Q. U. UNITED STATES OF AMERICA, SOUTH CAROLINA DISTRICT, ss. Personally appeared before me Lieutenant John Forbes, who, being duly sworn on the Holy Evangelists of Almighty God, deposeth, that a person confined in the jail of this district, who calls himself Nathan Robbins, but whose real name this deponent believes to be Thomas Nash, was a seaman on board the Hermione British frigate, in which this deponent was a midshipman from the 8th of February, 1797, until the 30th of August following, during which time the said Nash was personally known to this deponent; that this deponent was removed from the said frigate to the sloop-of-war Diligence, on the said 30th day of August, 1797; this deponent further deposeth, that on the 19th of September following, he was sent on board the said frigate, at which time he saw and left the said Nash in the same station on board that vessel, as he was at the time of this deponent's being a midshipman therein. That on the 22d day of the said month, the crew mutinied on board the said frigate, killed the principal officers, piratically possessed themselves of her, carried her into Laguyra, and there disposed of her to certain subjects of his Catholic majesty. That the said Thomas Nash was one of the principals in the commission of the said acts of murder and piracy, whose conduct in that transaction has become known to this deponent by depositions made and testimony given in courts martial where some of the said crew have been tried. JOHN FORBES. Sworn before me this 18th April, 1799, THOMAS BEE, District Judge, South Carolina. The judge had received a letter some days before, from the Secre |