ses: The Greeks shall hold of the Sultan as of a *superior lord; and in consequence of this superiority, they shall pay to the Ottoman Empire an annual tribute (relief,) the amount of which shall be fixed once for all, by a common agreement. They shall be governed by the authorities whom they shall themselves choose and nominate, but in the nomination of whom the Porte shall have a determined voice.

To bring about a complete separation between the individuals of the two nations, and to prevent the collisions which are the inevitable consequence of so long a struggle, the Greeks shall enter upon the possession of the Turkish property situated either on the continent or in the isles of Greece, on the condition of indemnifying the former proprietors, either by the payment of an annual sum, to be added to the tribute which is to be paid to the Porte, or by some other transaction of the same nature.

ART. 3. The details of this arrangement, as well as the limits of the territory on the continent, and the designation of the islands of the Archipelago to which it shall be applicable, shall be settled in a subsequent negotiation between the high powers and the two contending parties.

ART. 4. The contracting powers engage to follow up the salutary work of the pacification of Greece on the bases laid down in the preceding articles, and to furnish without the least delay their representatives at Constantinople

*Suzerain is the term used, it be longs to the feudal law, and signifies Lord Paramount.

with all the instructions which are necessary for the execution of the treaty now signed.

ART. 5. The contracting powers will not seek in these arrangements any augmentation of territory, any exclusive influence, any commercial advantage for their subjects, which the subjects of any other nation may not equally obtain.

ART. 6. The arrangements of reconciliation and peace, which shall be definitively agreed upon between the contending parties, shall be guranteed by such of the signing powers as shall judge it useful or possible to contract the obligation: the mode of the effects of this guarantee shall become the object of subsequent stipulations between the high powers.

ART. 7. The present Treaty shall be ratified, and the ratifications shall be exchanged in two months, or sooner if possible.

In faith whereof, the respective Plenipotentiaries have signed, and sealed it with their arms.

Done at London, July, 6, 1827.
DUDLEY,
POLIGNAC.
LIEVEN.

Additional and secret Article. In case that the Ottoman Porte does not accept, within the space of one month, the mediation which shall be proposed, the high contracting parties agree upon the following measure :

1. It shall be declared, by their representatives at Constantinople to the Porte, that the inconveniences and evils pointed out in the public treaty as inseparable from the state of things subsisting in the East for the last six years, and

the termination of which, through the means at the disposal of the Sublime Porte, appears still remote, impose upon the high contracting parties the necessity of taking immediate measures for an approximation with the Greeks.

It is to be understood that this approximation shall be brought about by establishing commercial relations with the Greeks, by sending to them for that purpose, and receiving from them, Consular agents, so long as there shall exist among them authorities capable of maintaining such relations.

2. If within the said term of one month, the Porte do not accept the armistice proposed in the first article of the public treaty, or if the Greeks refuse to execute it, the high contracting powers shall declare to that one of the two contending parties which shall wish to continue hostilities, or to both if such become necessary, that the said high contracting powers intend to exert all the means which circumstances may suggest to their prudence to obtain the immediate effect of the armistice, the execution of which they desire, by preventing, in as far as may be in their power, all collision between the contending parties, and, in fact, immediately after the aforesaid declaration, the high contracting powers will conjointly employ all their means in the accomplishment of the object thereof, without, however, taking any part in the hostilities between the two contending parties.

In consequence, the high contracting powers will, immediately after the signature of the present additional and secret article, transmit eventual instructions conformable to the provisions above set forth, to the admirals commanding their squadron in the seas of the Levant.

3. Finally, if, contrary to all expectation, these measures do not yet suffice to induce the adoption by the Ottoman Porte of the propositions made by the high contracting powers, or if, on the other hand, the Greeks renounce the conditions stipulated in their favour in the treaty of this day, the high contracting powers will, nevertheless, continue to prosecute the work of pacification on the bases, agreed upon between them; and, in consequence they authorize from this time forward their representatives in London to discuss and determinate the ulterior measures to which it may become necessary to resort.

The present additional and secret article shall have the same force and value as if it had been inserted, word for word, in the treaty of this day. It shall be ratified, and the ratifications thereof shall be exchanged, at the same time as those of the said Treaty.

In faith whereof, the respective Plenipotentiaries have signed it, and have thereto affixed the seals of their arms.

Done at London, this 6th day of July, in the year of Grace 1827. DUDLEY, POLIGNAC, LIEVEN.

THIS was an action upon the case for an alleged libel published by the defendants, on the twentyfifth of August, eighteen hundred and twenty-four, in a newspaper called the "New-York American," of which they were the editors, and as it materially concerns the freedom of the press, we shall insert the proceedings at length.

The publication complained of was as follows, viz. :

"Lieutenant Governor Root.It has been denied, we understand, by the Argus, (for having been unavoidably absent for some time, we have not seen that paper) in answer to some strictures on the subject in an Albany paper, that on the afternoon of his famous decision of order, Mr. Root was intoxicated, and the charge is treated as calumnious. Of the assurance, of the audacity of the Argus, in suppressing truth and inventing falsehood, we have had too many proofs to be surprized that in this instance it has followed its natural bias: but we are surprized that common policy which would prevent a Munchausen himself from asserting what hundreds of witnesses on the spot stood ready to disprove, had not, on this occasion, restrained their erring

nature.

"The facts are shortly these : We speak only what we saw, and as it is a matter of some public. concern, that the presiding officer of our Senate should not continue to be what Mr. Root is, we speak without hesitation or reserve.

"The house of Assembly having sent to the Senate the resolution declaring the expediency of passing, at the then session, an Electoral Law, it was anticipated that some interesting proceedings would, in consequence, be had in that body. Accordingly, when it met at five o'clock in the afternoon, to which hour it had in the forenoon, previously to the passage of the resolution in the As sembly, adjourned, a great concourse of citizens, and of strangers, from all parts of our country, crowded its floor, lobbies and gallery. When the Lieutenant Governor, at the hour named, advanced through the centre of the apartment towards his chair, there was in his appearance, manner, and walk, something that excited every one's observation. He reached his station, however, and calling the members to order, informed them that there was a message from the Assembly, which the clerk then read. A dead silence ensued. Lieutenant Governor Root, holding on to each arm of

stolid

his chair, looked round with inflamed face, with blood-shot eyes, and half open mouth, and with an expression altogether so and drunken, as in any other situation, and under other circumstances, could not have failed to excite the derision of all present.

"He was evidently expecting some motion previously concerted, probably in order to enable him to pour forth the diatribe with which he was labouring; but none such was made, and he therefore was compelled to remark, the chair has no observations to offer unless some motion be proposed.' -Thereupon, it was moved by Mr. Burt, we believe, at any rate by some one opposed to the faction, that the Senate concur in the resolution sent from the Assembly.'

"This furnished the spark to the combustibles smouldering in the breast of the Lieutenant Governor; instantly he essayed to rise, and by the all-important aid of the arms of his chair and his desk in front, he did rise and stood for a moment, as if in preparation, silent before several hundred of his fellow-citizens, an object, from his appearance and manner, we will venture to say, of loathing and disgust to every unprejudiced man among them-unwashed, unshaven, haggard, the tobacco juice trickling from the corners of his mouth to be wiped away with his coat sleeve-with unsteady footing, this second officer of the great State of New-York, commenced his address to the Senate. It is known that the presiding of ficer of this body has no other than a casting vote, and no right at all to speak. He may, how

ever, assign reasons for any decision he makes, and under this shallow pretext, Mr. Root uttered a long and laboured vindication, not only of the course he was about to take in declaring the notion for concurrence out of order; but of the whole course of proceedings of the Senate; and then launched forth into a regular philippic against the Governor and Assembly, whom he charged with vying with each other in the race of popularity. It was the Larangue of an intemperate demagogue blind with passion and rum. As such it was heard by all impartial men and our only astonishment was, that the respectable members of the Senate could sit still and permit their presiding officer thus to disgrace himself and them. He should have been called to order and compelled to sit down. He was doing what he had no more right to do than any grovelling sot from the public kennel. He was out of order in presuming to address the Senate at all; but to address them in his then state, and in the terms he did, was outraging all order, decency and forbearance.

"It grieves us to be obliged to add, that the decision made by this man, in this condition, was, on appeal, ratified by nineteen members of the Senate, among whom were such men as E. P. Livingston, A. Bronson, J. Lef ferts-men of honour, of character, of property, and of education. It is lamentable to think that such men should, through the spirit of party, have been induced to adopt such a course. That the mere

cattle' of faction, the Wheelers, the Stranahans, and their fellows,

should bow in acquiescence to whatsoever their belching idol might dictate, does not astonish nor pain us; but that such individuals as those mentioned above, should follow in the same blind path, did, we confess, excite both our astonishment and our regret. Well, indeed, has General Jackson denominated party spirit a monster,' if such be its necessary fruits."

Before issue was joined in this cause, a motion was made on behalf of the defendants in the Supreme Court, to change the venue from the county of Delaware to the county of New-York or Albany, and the defendants stated there were ten material witnesses residing in the former county, whose testimony was necessary for their defence, and a greater number in the latter county; but the court retained the venue in Delaware, upon the affidavit of the plaintiff, that he had more than ten material witnesses in Delaware, although he could not tell their names.

The cause came on to be tried before Judge Betts, at the Delaware circuit, on the thirteenth of June, eighteen hundred and twenty-six. The publication of the alleged libel was admitted by the defendants to have been made by them.

The defendants then offered, under the plea of general issue, accompanied with a notice of special matter in justification and ex

fifth of August, eighteen hundred and twenty-four, that the plaintiff was speaking in the Senate, he went into the Senate chamber to hear him. Upon the witness' entrance, he found the room much crowded, and the plaintiff was then speaking. He was delivering a decision relative to a resolution sent from the other branch of the legislature, declaring it expedient to pass a law giving the choice of Presidential Electors to the People at the then session, and in the opinion of the witness, the plaintiff was highly intoxicated. His face was inflamed, his manner vehement and perplexed, and his dress very dirty and slovenly, even for him. Witness thought he had not been shaved that day. Plaintiff's appearance was substantially as described in the publication in question. The general conversation that evening where the witness was as to the plaintiff's appearance and condition, was, that he was intoxicated. It was most generally said he was drunk. The witness stated that there was a diversity of opinion as to the merits of his decision, but none as to his condition-none denied that plaintiff was intoxicated. Witness stated that plaintiff's general character was that of an intemperate man. It is very generally asserted by his political enemies. Plaintiff's counsel objected to the admission of the testimony, but the court decided it admissible. He had known him nine or ten years at Washington, been a member of the Convention with him, and a member of the Assembly in eighteen hundred and twenty-four, when plaintiff presided in the Senate.