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at least, new in this shape, and never before came into any Collection. That the new matter will bear this propolition all the way through, is not to be expected; but, l am confident that the difference between this work and those, which, under a similar title, have gone before it, will surprize even those who have most frequent had occasion to perceive and to lament the imperfectness of those works.--Some persons have coneeived, from the passage in my Prospectus, relating to the Pleadings, that it was intended to leave out the pleadings, or speeches, of counsel. Yo"...at were meant to be left out, were merely such of the formal pleadings as could not possibly be of any use; such as old common Latin Indictments, and other technical forms. After, however, again looking through the various papers, it has been found, that these Pleadings will take up but little room ; and, therefore, it has been resolved to retain the whole of them. That there is no intention of abridging, the contents of the FIRST PART must, I think, pretty clearly demonstrate. &#-To such gentlemen as may happen to be in possession of curious Trials, or of documents relating to trials of the description of those to be contained in this work, I shall be much obliged for a communication of them. If the document, or paper, whether in print or manuscript, be requested to be preserved, great care shall be taken of it.
MR. Roope's Appress to rhe No Rrol K - FARM ERs. Gentlemen,_-A large majority of the &orn Merchants, Brewers, and Millers, attending the weekly market at Norwich on the 14th of last October, having, by public advertisement declared, “ That in future “ they will not purchase corn upon any other terms than one month's creolit, to be calculated from the day of its delivery, aid that if payment is requested previously to the expiration of the month, they will deduct one penny in the pound discount,” I took the liberty on the next market day of submitting to your consideration the following REsolu rions.—1st. “That the determinations of the Buyers of Cora are inconsistent with that freedom which never will permit a few individuals to dictate in a manner so authoritative to the numerous Growers of corn, who for so many years, have constantly attended the Norwich market, and who hitherto have been considered men as respectable and independent as this or any other county can boast. – 2d. That by submitting to such itesolutions, that confidence ald good-will
which, as yet, have subsisted, between the Buyers and Growers of corn, would no longer exist.—3d. That there is no reason why the Buyers should take from the pockets of the Growers the discount proposed, and, therefore it is a duty incumbent on the Growers to make every exertion to prevent such an imposition being practised.—4th. That the pian proposed by the Buyers of corn, will create either inconvenience of loss to the Growers, and may also subject them to have unpleasant remarks made, on the application for their legal demands, previous to the expiration of a month, and therefore it must be regarded, not only as adverse to the long-established practice of fair and honourable dealing; but also subversive of delicate and confidential transactions.—5th. That the seller of any commodity, not being compelled to dispose of it, except to whom, and on what terms he pleases, the intended combination, to carry into effect the Resolutions of the Buyers, is not only unprecedented in this market, but believed to be illegal, and is repugnant to those inherent and hitherto indisputed rights of the venders, which no combination ought to be permitted to annihilate.—6th. That the recollection of the length of time the Growers of corn have to wait before they can get a fair return for their property expended ought to have due weight with every friend to agriculture —7th. That the returns of men engaged in other convmercial pursuits than those of agriculture, being so much more frequent, and so much larger, the agricultural remains below the commercial interest in the scale of profit.--8th. That the transactions of this Meeting be printed and laid in St. Andrew's Hall, Norwich, on
Saturday next the 29th of October, to receive the additional signatures of those Growers of corn who are inclined to maintain their own independence, and to unite with this meeting in their laudable exertions to prevent the combination of the Buyers being effected.—9th. That the Cornmittee already appointed at this Meeting, shall assemble at the Rampant Horse Inn, Norwich, at 4 o'clock in the afternoon of the same day. to adopt such further measures as then may be deemed necessary, and the attendance of those, who are desirous to support the customs of the market is earnestly solicited. —10th. That no example tending to defeat the intentions of this Meeting, shall deter it, from abiding by these Resclutions, which already have obtained very numerous and most respectable signatures. – 11th. That these Resortions be advertised in the Farmer's Journal, the Bury, and Hae Norwich papers –12. That the thanks > £ this Meeting be presented to the Chairrian Mr. Thos. Utting of Ashwellthorpe, or his active and manly conduct on this occasion.” At your second Meeting on October 29, Sir Thomas Bevor, bart. consented to take the chair, and the committee now consisting rx f 32 gentlemen (the largest growers of corn), it coincided with the Resolutions which ~~ere unanimously adopted at the first Meeting. The signatures of the chairman and the committee being placed beneath them, they ~vere laid in St. Andrew's Hall, Norwich, and there having received the sanction and names of more than 500 occupiers of land in Norfolk, I afterwards endeavoured to prove how necessary it was for you to declare the sentiments which you had expressed. But my reasons having been but partially Imade known, and believing, as I do, that every county throughout the British empire, as well as the county of Norfolk, is as deeply interested in the result of this prejudivial and daring combination, I am induced to give the greatest publicity to my remarks, and therefore I have solicited from Mr. Cobbett the favour of their insertion in his Register.—Gentlemen, the Growers of corn very justly expressed their indignation, that a few individual Buyers who for so many years have been amassing property, by the censtant dealings which were carried on between them on fair and equitable terms, should most suddenly and without any good reason being assigned, decline to transact business with them on the same basis. How much more astonished were they to find the Buyers had entered into a combination to drive the Grovers from their accustomed and most convenient market, or to compel them to dispose of their corn on terms which are very disadvantageous, that must render them great inconvenience, and which by length of credit, from the failure or misconduct of their London factors, from an unexpected drop in the markets, or other causes (of which you have had such numerous and fatal instances), might probably occasion to them very serious loss.-Gentlemen ; if your legal demands for your property disposed of, be requested before the expiration of the month, the Buyer will either believe that you want your money and have no other resource to which you can apply, or he must know that you have no confidence in him by your consenting to pay the discount of one penny in the pound: although he pay your debt he will be mortified that his object is not obtained; namely, having your property (or your money, which is the
same thing) to speculate with ; and you cannot be much pleased, that to obtain your right, you must pay 5 per cent. to put into the pocket of him, who is getting a livelihood by his connection with you, and who, in ungrateful return, compels you to act as he dictates ; and that to his great profit, and to your great loss. If such transactions will not destroy that confidence which should exist between you both, I know of no circumstance, however more degrading to you, (were it possible to be so) to which you would not submit.— Gentlemen; I always declared that, I believed this combination of the Buyers of your property to be a shameless imposition, to be illegal, and Mr. Wilson has since confirmed that opinion, and obtained a rule to prosecute, in the Court of King's Bench, and 2.É500 are already subscribed, to defay the expences. But, even if the combination were not illegal, I think you ought well to consider, be ** sacrifice your own honour and interest, and to recollect the danger of the ill effects which must result to you, if the endeavours of these merchants be accomplished.— Gentlemen, the Buyers say “these are our terms, and on no other will we purchase your commodity; and surely we have a right to please ourselves.”—I will, then, ask, if the poor journeymen shoe-makers, tailors, and weavers, have not the same right to say, “we cannot be compelled to work, except we like, and at such prices as we choose to demand.” Yes, I consider, they have an equal right so to say, and to act; but the laws have, very wisely, declared, that they shall not so act, because, many will be injured by a few ; and, amongst these poor people, this is called an illegal combination. Is not, then, the same conduct amongst the rich to be termed an illegal combination ? Does not the proposed plan of the Buyers of corn tend to annihilate your market, by compeling you to withhold your corn ? and does it not deprive the community of their regular and necessary supplies, and injure all of you more especially 2–Does it not tell the public, that the Buyers know the Growers of corn must dispose of it, and, therefore, they, the Buyers, have all agreed to demand it on their own terms ? Is this the language of the conduct to which Norfolk farmers will submit *—No : Gentlemen, I trust not. But, let me ask you, with whom is the power 2 I say it is with you. If you were to declare, that you would have no further dealings with such men, if they were entirely deprived of your support, could they continue their present mode of obtaining a livelihood Whenever, and wherever yoy
Choose to assemble, the Buyers, be they whom they may, must come to you. The Fustenance of human life, the provender for cattle, &c. must be had ; and from whom can it be obtained, but from the Grower? Besides, if a month's credit be given to the merchant, any man may become one ; because no property will be required for him
to begin his speculation; as he will trade
with your property, with the possibility of great profit, and the certainty of no loss; while you, and you alone, venture the risk : and if, in reply, it be said, he must have property to pay his debts when requested, I contend, that your permitting the discount to be allowed will have a similar disadvantageous effect on you, and benefit him ; and that discount will create not only a real property for him, but will also enable him to borrow money on his •rfects; and you thus put it in his power to make you present him with 5 per cent to pay your legal demands. Will the various losses to which you are subject, the uncertainty of the seasons, the increased price of Tabour, of implements, &c. and no reduction in your rent, be your crops ever so bad, justify you in thus sporting with your hardearned property Is it natural, is it consistent with the dictates of of common sense, thus to act Gentlemen, there is as yet no law passed to make you bend to this compulsory measure; but by your compliance to t, your precedent will not only be as bind
ing as any law, by establishing a custom, but it will be the means of extending the same despotie authority over all other Farmers. It will give to the Buyers of corn, the power of creating the same rule in all other markets throughout Great Britain : their example most indisputably will be followed by their brother merchants, and their baneful system will be effected, except, by your exertions, this illegal combination be crushed on its first appearance.—There is now an opportunity of soliciting other merchants to trade with you on the old and long established customs; but if you once give way—if you once surrender your rights— vain will be the attempt to regain them; for no merchants then will be found to deal with, as they will all have joined the combination. So completely will you be in the power of the Buyers (especially all of you residing in the interior counties) that you must abide by whatever terms are dictated, and what security have you that two, three or even six months credit may not hereafter be insisted on 3 Will not the month's credit be very likely to deprive the merchants, of o many Millers of
11;], *~ -
the power of as fairly exercising their trades, because the credit will be given to the men who are supposed to possess the most money? Will it not also enable avery few merchants with large capital to engross the trade and to monopolize the fruits of the earth : If they were selfish men, might they not add to the distresses of the poor already hard enough to be borne The great prop which in your estimation supports the merchants by your submission will be entirely removed, and which, Gentlemen; is this.-A merchant cannot now come to market without property, for he must either have effects or stand in that credit with which his Banker is so satisfied as to honor his drafts, and as is sufficient to keep up his respectability. But when there is no property, or not an adequate share, both to answer his immediate demands on the market day and to have as much security remain as will induce his Banker to continue his usual assistance, why, then, in such a case, (which is not either impossible or improbable to happen) I know of no better plan for him to adopt, than to persuade you to give him a month's credit, which will enable him to get his bills accepted by his London Factor, and, as I before said, he will then have no risk. If he be possessed of such large property as to render this unnecessary, either he does not want the credit and only gets your money to speculate with, or you are making him independent of his country banker, and thus placing yourselves at his mercy; your great and chief reliance is of no avail, and you subject yourselves to every possible loss, or to avoid that you are deprived of part of your property by paying an illegally demanded discount. When I declare to you, what I can prove from the statement of one amongst the merchants, that, according to the number of lasts of corn bought by him on a Saturday, (and I include all grain and take an average price of the whole) by paying the discount you would to only ten individuals, purchasing the same quantity, give from your labours more than sir thousand pounds per annum—and as this buyer is not the largest purchaser, I trust you will perceive the impropriety of consenting to such a tame, unnecessary, and prejudicial compliance, to the
daring attempt to annihilate a custom which
for centuries has remained sacred and unmolested, and which is wanted to be set aside only to enrich those few persons. Gentle. men, if you consider as I do, that these evils which I have endeavoured to shew will be brought on the agricultural interest, I am convinced they will be sufficient reasons to deter you from deserving the reproach of having been the means of depressing instead of supporting it. Say to the merchants, you will take only specie, or bank of England paper, and you will convince them of your power.--Say to those who form the combi: nation, you never more will have the smallest transactions with them, and they will soon repent their conduct, and be assured no others will hereafter presume to make a similar attempt in any part of the kingdom. Gentlemen, there are other and still more important facts that must stimulate you to persevere in your judicious and manly resistance, and although perhaps those facts are but little known, yet as they ought to be developed. probably I may hereafter relate then), and in the meanwhile I thus publicly call on any one to refute if he can what I have already told you.-With every mark of respect, I remain your well wisher, THoMAs Roope.—Lakenham Cottage, Norwich, Dec. 28, 1808.
OFFICIAL PAPERS. AMERICA.— Message of the President of the
United States to the Senate and House of 8, 1808.
Representatives. November (Continues from p. 983.) By the aid of these, and of the armed vessels called into service in other quarters, the spirit of disobedience and abuse, which manifested itself early, and with sensible effect, while we were unprepared to meet it, has been considerably repressed. – Considering the extraordinary character of the times, in which we live, our attention should unremittingly be fixed on the safety of our country. For a people who are free, and who mean to remain so, a well organized and armed militia is their best security. It is therefore incumbent on us, at every meeting, to revise the condition of the militia, and to ask ourselves if it is prepared to repel a powerful enemy at every point of our territories exposed to invasion. Some of the states have paid a laudable attention to this object, but every degree of neglect is to be found among others. Congress alone having the power to produce an uniform state of preparation in this great organ of defence, the interests which they so deeply feel in their own and their country's security, will present this as among the most important objects of their delibe, ation.—Under the acts of March 11, and April 23, respecting arms, the difficulty of procuring them from abroad, during the present situation and dispositions of Europe, induced us to direct our whole efforts to the means of internal supply ; the public factories have, therefore, been enlarged,
additional machineries erected, and in proportion as artificers can be found or formed, their effect, already more than doubled, may be increased so as to keep pace with the yearly increase of the militia. The annual. sums appropriated by the latter act, have been directed to the encouragement of private factories of arms ; and contracts have been entered into with individual undertakers, to nearly the amount of the first year's appropriation.—The suspension of our foreign commerce, produced by the injustice of the belligerent powers, and the consequent losses and sacrifices of our citizens, are subjects of just concern. The situation into which we have thus been forced, has impelled us to apply a portion of our industry and capital to internal manufactures and improvements. The extent of this conversion is daily increasing, and little doubt remains that the establishments formed and forming, will, under the auspices of cheaper materials and subsistence, the freedom of labour from taxation with us, and of protecting duties and prohibitions, become permanent. The commerce with the Indians too, within our own boundaries, is likely to receive abundant aliment from the same internal source, and will secure to them peace and the progress of civilization undisturbed by practices hostile to both. The accounts of the receipts and expenditures during the year ending on the 30th day of September last, being not yet made up, a correct statement will hereafter be transmitted from the treasury. In the meantime, it is ascertained, that the receipts have amounted to near eighteen millions of dollars, which, with the eight millions and a half in the treasury at the beginning of the year, have enabled us, after meeting the current demands and interest incurred, to pay two millions three hundred thousand dollars, of the principal of our funded debt, . and left us in the treasury on that day, near fourteen millions of dollars; of these, five millions three hundred and fifty thousand dollars will be necessary to pay what will be due on the first day of January next, which will complete the reimbursement of the eight per cent. stock. These payments, with those made in the six years and a half preceding, will have extinguished thirtythree millions five hundred and eighty thousand dollars of the principal of the funded debt, being the whole which could be paid or purchased within the limits of the law and of our contracts; and the amount of principal thus discharged, will have liberated the revenue from about two millions of dollars of interest, and added that sum annually to the disposable surplus. The probable
may already possess, or such amendment of the constitution as may be approved by the states: while uncertain of the course of things, the time may be advantageously employed in obtaining the powers necessary for a system of improvement,should that be thought best. Availing myself of this,the last occasion which will occur, of addressing the two houses of legislature at their meeting, I cannot omit the expression of my sincere gratitude, for the repeated proofs of confidence manifested to me by themselves and their predecessors, since my call to the administration, and the many indulgences experierced at their hands ; the same grateful acknowledgments are due to my fellowcitizens generally, whose support has been my great encouragement under all embarrassments. In the transaction of their business, I cannot have escaped error—it is incident to our imperfect nature ; but I may say, with truth, my errors have been of the understanding, not of intention ; and that the advancement of their rights and interests has been the constant motive for every measure. On these considerations, I solicit their indulgence. Looking forward with anxiety to their future destinies, I trust, that in their steady character, unshaken by difficulties, in their love of liberty, obedience to law, and support of the public authorities, I see a sure guarantee of the permanence of our republic ; and, retiring from the charge of their affairs, I carry with the the consolation of a firm persuasion, that heaven has in store for our beloved country, long ages to come of prosperity and happiness.-'I Hos. JEFFERson.— Nov. 8, 1808.
AY FRICAN EMBAR co.— Letter from Mr. Pinckney, to Mr. Scretary Canning. Lated Great Cumle, and Place, Aug. 23, 1808. S1 R ; – I have had the honour, in consequence of the orders of the president, to recal your attention, in the course of several recent interviews, to the British orders
in council, of the 7th January and 1 ith of
Now co, Lor, 807, and to the various orders
to the occasion.
founded upon, or in execution of them; and I now take the liberty to renew, in the mode which I have understood to be indspensable, my instances on that subject. I need scarcely remind you, Sir, that the government of the United States has never ceased to consider these orders as viciating its rights, and aftecting most destructively its interests, upon grounds wholly inadmissible, both in principle and fact. The letters of Mr. Madison to Mr. Erskine, of the 20th and 29th of March, 1807, produced by the official communication of that minister of the order of the 7th of January, and the answer of Mr. Madison of the 25th of March, 1808, to a like coinmunication of the orders of the 11th of November, containing the most direct remonstrances against the system which these orders introduce and execute, and expressed the confident expectation of the president, that it would not be persisted in. That expectation has not yet been fulfilled, but it has, notwithstanding, not been relinquished. The president is still persuaded that its accomplishment will result from a careful review, by his majesty's govenment, made in the spirit of moderation and equity, of the facts and considerations which belong
recapitulate, in this note, the sentiments and reasonings contained in the abovementioned letters of Mr. Madison, in support of the claim of the government of the United States, that the British orders be revoked. I content myself with referring to those letters for proofs, which it is not necessary to repeat, and for arguments which I could not hope to improve. But there are explanations which those letters do not contain, and which it is proper for me now to make. Even these, however, may be very briefly given, since you have already been made acquainted in our late conversations, with all their bearings and details. These explanations go to shew, that, while every motive of justice conspires to produce a disposition to recall the orders, of which my government complains, it is become apparent, that even their professed object will be best attained by their revocation. I had the honour to state to you, Sir, that it was the intention
of the president, in case Great Britain re
pealed her orders as regarded the United States, to exercise the power vested in him, by the act of the last session of Congress, entitled “an act to authorise the president of the United States, under certain conditions, to suspend the operation of the act laying an embargo on all ships and vessels
It is not my purpose to