national than those of other countries, yet being a numerous though very minor portion of our population, they are capable, from causes it is needless now to explain, of being generally brought to act in concert, and under artful leaders may be, as they have been, enlisted in mischievous combinations against our government. This view leads me to state to you, without reserve, the hesitation that I have felt in your case. On the one hand, we cannot object to the acquisition of inhabitants from abroad, possessing capital and skill in a branch of business that with due caution, may, without risk or difficulty, and with public as well as private advantage, be established among us; but, on the other hand, if the opinions of such inhabitants are likely to throw them into the class of malcontents, their fortune, skill, and consequent influence, would make them tenfold more dangerous, and they might become a disadvantage instead of a benefit to our country. You must be sensible that I possess no sufficient means of forming an opinion respecting your sentiments, but the motives which lead me to interfere with your government to restrain the emigration of the persons above alluded to, oblige me to observe a due caution on the present occasion: at the same time, I desire not to act with illiberality, and should be unwilling to bring upon my country the slightest imputation of inhospitality. What Mr. Wilson* has written, so far as it goes, is satisfactory; and on the whole I have concluded, after this unreserved communication, which I hope will be received with the same candour as it is made, to inform you, authorizing you to make use of the information, that I withdraw every objection that may be supposed to stand in the way of your being permitted to go to the United States, adding only my earnest wish, that you may carry with you an unbiassed mind, may find the state of the country, as I believe you will, favourable to your views of business, and its government deserving your attachment.

The American Consul in Dublin.

"I must beg your excuse for the great delay that has occurred in sending you this answer, which, I assure you, has arisen from other causes than the want of due respect to your letters.

"With great consideration,

"I have the honour to be,

"Sir, your most obedient servant, "RUFUS KING."

COPY OF A LETTER FROM LORD CASTLEREAGH TO MR.

JACKSON.

"Dublin Castle, 13th Sept. 1799.

"SIR,

"I return to you the letter of the American minister; and am directed by my lord lieutenant to acquaint you, that you have permission to go to America, on giving the necessary securities, for the execution of which a proper person will attend you. You will be allowed the attendance of such persons as may be necessary to you for the settlement of your affairs; and when the vessel in which you shall engage your passage shall be ready to sail, a messenger will attend your embarkation.

"I am, Sir,

Your most obedient servant,

"CASTLEREAGH."

>

OF JAMES N. TANDY, ON AN ACT OF ATTAINDER.

KING'S BENCH.

BY virtue of a certiorari directed to the clerk of parliament, the tenor of a certain statute to attaint James N. Tandy, Harvey Morris, and others, of high treason, having been returned into chancery, was from thence transmitted into this court by mittimus. The prisoners, Tandy and Morris, on the 10th of February, 1800, were brought into court, when, after having the act of parliament read to them, they were called upon to say, why execution should not be awarded and done upon them according to the statute, of which the following is the

PENAL CLAUSE.

"Whereas the following persons have been notoriously engaged in the said rebellion, either by taking up arms or levying war against his majesty, or by having corresponded with, or adhered to his enemies; or by otherwise fomenting or promoting the same, or acting therein, and being conscious of their guilt, have fled from justice; that is to say, (here follow several names,) James N. Tandy and Harvey Morris. Be it therefore enacted, that the said several persons, and each of them, shall stand attainted of high treason, and shall be liable to all the pains and penalties of law annexed to the

crime of high treason, unless they, and each of them, shall severally, and respectively, surrender themselves to one of the judges of his majesty's court of king's bench; or to some justice of the peace within this kingdom, before the first day of December, 1798, and shall respectively abide such charges as shall be made against them respectively, for and on account of the several treasons aforesaid, with which they have been charged."

Further proceedings were then postponed for two days, to give the prisoners' counsel time to consider of the proper defence to be made. On the 12th of February, the court refusing to grant any further delay, the following plea and replication were filed on the part of Tandy, the prisoners having severed in their pleadings:

THE PLEA.

"And the said James N. Tandy says, that before the first day of December, 1798, to wit, on the 24th day of November, 1798, in parts beyond the sea, to wit, at Hamburgh, he was arrested and imprisoned, by the command, desire, and authority of his majesty our said lord the king; and has been ever since continually detained in prison by the same command, desire, or authority, by reason of which arrest and continual detention, it became impossible for him, the said James N. Tandy, from the time of said arrest, to surrender himself on or before the first day of December, 1798; and continued so impossible until after the first day of December 1798; and this he is ready to verify," &c.

REPLICATION.

"And the said Right Hon. John Toler, Attorney-General of our said sovereign lord the king, who for our present said sovereign lord the king in this behalf prosecuteth, as to the said plea of him the said James N. Tandy, by him above pleaded as aforesaid, for our said present sovereign lord the king,

saith, that the said James N. Tandy did not surrender him. self within the time in the said act of parliament mentioned, to wit, on or before the first day of December, 1798, without such cause as in the plea of the said James N. Tandy is by him alleged; and this he prays may be inquired by the country; and the said James N. Tandy likewise," &c.

The case was then continued on affidavit being made of the absence of a material witness, until

MONDAY, MAY 19.

This day the prisoner being brought into court, and a jury being sworn to try the issue joined between James N. Tandy and Mr. Attorney-General,

Mr. Ridgeway, counsel for the prisoner. My lords, and gentlemen of the jury, in this case of The King against James Napper Tandy, by an act of parliament passed in this kingdom in the 38th year of the king, it is enacted, that James Napper Tandy, among several others, shall stand attainted of high treason, and shall be liable to all the pains and penalties of the law annexed to the crime of high treason, unless they and each of them shall, severally and respectively, surrender themselves to some one of the judges of his majesty's court of king's bench, or to some justice of the peace within this kingdom, on or before the first day of December, 1798, and shall respectively abide such charge as shall be made against them respectively, for and on account of the several treasons aforesaid, with which they have been charged.

量

To this Mr. Tandy has put in a plea in bar, in which he states, that before the 1st day of December, 1798, the day limited by the act of attainder for time to surrender himself, to wit, on the 24th of November, 1798, in parts beyond the sea, to wit, at Hamburgh, he was arrested and imprisoned, by the command, desire, and authority of the king; and has ever since been detained in prison. By reason of which arrest and continual detention, it became impossible