The Delaware gazette (Wilmington [Del.]), 1809-12-13 00:00:00

THE DELAWARE GAZETTE.
VOL. I.]
WILMINGTON, WEDNESDAY, DECEMBER 13, 1809.
NO. 45
Printed and Published
On Wednesdays and Saturdays
BY JOSEPH JONES,
In Market street, a few doors above the Bank of Delaware.
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DOCUMENTS,
Which accompanied the Message of the President of the United States.
Mr. Smith to Mr. Pinkney.
Department of state, Nov. 23, 1809.
Sir—
My letters in the correspondence with Mr. Jackson, already transmitted to you, sufficiently evince the disappointment that was felt, on finding that he had not been charged to make to this government either the frank explanations or the liberal propositions which the occasion manifestly required. Instead of this obvious course of proceeding, it was in the outset perceived, that his object was to bring us to resume the subjects of the arrangement of April in a way, that would imply that we were aware that the arrangement was not binding on his government because made with knowledge on our part that Mr. Erskine had no authority to make it, and thus to convert the responsibility of his government for the disavowal into a reproach on this for its conduct in the transaction disavowed. In the first instance it was deemed best rather to repel his observations argumentatively than to meet them as an offensive insinuation. This forbearance had not the expected effect of restraining him from a repetition of the offence. And even on his further insinuations nothing more was done than to premonish him of the inadmissibility of so indecorous a course of proceeding. This also being without effect, nothing remained but the step finally taken. And there was the less hesitation in shutting the door to further opportunities for insulting insinuations, as the disclosures he had made and the spirit of his discussions had so entirely shut it to the hope of any favorable result from his mission.
I will not dwell on his reluctance to give up the uncertainties of verbal for the precision of written discussion; nor on the manner or the time of his denial that he had given any room at all for a statement which in order to guard against the misconceptions incident to verbal conferences, I had placed before him in writing, with a request that he would point out any inaccuracies, and to which he did not then object otherwise than by intimating that he could not have made the statement with the particular view which seemed to be supposed. Nor will I dwell on the various instances in which partial or inconsistent views of the subject have taken place of its real merits. But it may not be amiss to make some observations on the correspondence as it relates to the justification of his government in having disavowed the act of his predecessor.
With respect to the orders in council, the ground of the disavowal is the difference between the arrangement and the printed dispatch of Mr. Canning to Mr. Erskine of the 23d January. According to this dispatch then the arrangement failed in three points.
1st. In not relinquishing the trade of the United States with enemies colonies.
With respect to this point it is not necessary at this time to discuss the right of that trade. It is sufficient to remark, 1st. that as the trade is admitted to have become, in the view of Great Britain, of little practical importance, why has it been made a ground of the disavowal, and, especially, as important considerations only could upon principles of public law have justified a measure of so serious a character? 2d. that as the colonial trade is a subject no wise concerned either with the orders in council or with the affair of the Chesapeake, why has it been permitted to frustrate an arrangement relating to those subjects; and to those only?
3d. that as this condition is allowed to have originated in a supposition, that it would be agreeable to the American government, why has it been persisted in after the error was made known by the representation of Mr. Erskine to his government that neither this nor the other conditions of dispatch of the 23d January were attainable here?
2d. Another point in the dispatch, and not in the arrangement, is that the British navy might capture our trade to ports prohibited by the United States.
This condition appears to have had its origin in a mistake of your meaning in a conversation with Mr. Canning, as noted by yourself, and in an inference thence deduced as to the disposition of this government. But this double mistake must have been brought to light in time to have been corrected in the new mission. In urging it Mr. Canning has taken a ground, forbidden by those principles of decorum, which regulate and mark the proceedings of governments towards each other. In his dispatch the condition is stated to be for the purpose of securing the bona fide intention of America to prevent her citizens from trading with France and certain other powers. In other words, to secure a pledge to that effect against the mala fide intention of the United States. And this dispatch too was authorised to be communicated in extenso to the government of which such language was used. Might it not have been reasonably expected that such a condition and such observations would at least on such an occasion have been given up by a government willing to smooth the way to an amicable settlement of existing differences?
In his zeal to vindicate his government, Mr. Jackson too has attempted a gloss on this most extraordinary idea of calling on a foreign sovereignty, not indeed to make laws for us, but what is equivalent in principle, to supply a supposed inability to execute them. He calls such an interposition of his government, not an execution of the law of congress, but of a compact binding as a public law on both parties and which both would have a common interest in seeing duly executed. On his own principles there ought to be a reciprocity not only in the execution of the compact, but in the obligation and interest resulting from it. Besides where there is a reciprocity in compacts between nations touching attributes of sovereignty, there is always as much of sovereignty gained as is parted with, so that there is no loss nor indignity on either side.
3. The remaining point of the dispatch, not secured by the arrangement, is that which required that whilst our prohibitory laws should be repealed as to Great Britain, they should be left in force as to France and the powers adopting or acting under her decrees.
This is the condition which alone properly belongs to the subject, and it is to be remarked in the first place that the British project, of which this condition makes a part, contemplated two things in their nature incompatible;—one a repeal of the prohibitory acts as to Great Britain, without waiting for the conclusion of a regular treaty, the other a pledge or engagement for their continuance as to the other powers. Now, from the nature of our constitution, which in this particular ought to have been attended to by the British government, it is manifest that the executive authority could have given no such pledge, that the continuance of the prohibitory acts being a subject of legislative consideration, could not have been provided for until the meeting of the legislature, and that the condition could not therefore but have failed, either in the immediate renewal of commerce with Great Britain, or in the immediate engagement that it should not be renewed with France. The British government ought to have acquiesced in, and indeed ought to have been satisfied with the attainment of the important object of an immediate repeal of our prohibitory laws and with the consideration that the other object, not immediately attainable, was unnecessary at the time, because the prohibition as to France was then in force, and because there was every reason to infer not only from this fact, but from the spirit of the communications made from time to time and from the overtures before submitted to the British government, that without a repeal of the French decrees, our prohibitory laws would be continued in force against France, and especially in the case of a repeal of the British orders, which would necessarily render a continuance of the French decrees doubly obnoxious.
But if on this head doubts could have been entertained, instead of rejecting the arrangement, ought not the repealing act on our part to have been met with a suspension at least of the orders in council, until it could have been seen whether the non-intercourse law would or would not have been continued against France. Such a suspension could not have given, in any point of view, more advantage to the United States than was given to Great Britain by the repeal, which had taken place on their part.
If this reasonable course could not have been substituted for the disavowal, why was not a final disavowal suspended with a proposition that the arrangement would be executed by Great Britain, in the event of a compliance on the part of the United States with the condition required as to France?
I am not unaware, you may be told, that the
non-intercourse law of the United States did not extend to Holland, though so intimately connected with France, and so subservient to her decrees against neutral commerce.
It would not be improper on this occasion to observe, that this objection can be the less urged by Great Britain, as she has herself never in her alleged retaliations adhered to the principle on which they were founded.
Thus she has from the date of them, until very lately, directed them against the American trade even to Russia; although Russia had never adopted the French decrees, nor otherwise violated her neutral trade with Great Britain. So in her order of April last, she has discriminated not only between the countries devoted to France by the ties of blood, and other powers, but between Holland, Westphalia and Naples, in enforcing her prohibitory order against the first, and not against the two last. Whilst therefore she finds it expedient to make these distinctions, she ought to presume that we too may perceive equal propriety in the distinctions we have made.
But it may be of more importance here to compare the British order in council of April last with the arrangement of April, made by Mr. Erskine. It will thence be seen how little is the real difference, and how trivial it is when compared to the extensive and serious consequences of the disavowal.
Under the order in council of April, all the ports of Europe except France, including the kingdoms of Italy and Holland with their dependencies, are opened to our commerce.
Under the arrangement of April, combined with our act of non-intercourse, all the ports of Europe, except France and her dependencies, including the kingdom of Italy, would have been opened to our commerce.
The difference then is reduced merely to Holland, and that nation is reduced to the difference between a direct trade to the ports of Holland and an indirect trade to Holland, through the neighboring ports of Tonnigen, Hamburg, Bremen and Emden.
Now, as the injuring of the enemies of Great Britain is the only avowed object of her interdicting order against our trade, let a computation be made of the effect which this difference between the order in council and the arrangement could possibly have in producing such an injury. And then let the question be candidly answered whether, laying aside all considerations of right and justice, sufficient inducements could have been found in that result for rejecting the arrangement, and for producing the consequent embarrassments, as well to Great Britain as to the United States.
If it be necessary, as Mr. Jackson has stated, to set bounds to a spirit of encroachment and universal dominion, which would bind all things to its own standard, and to falsify by honorable and manly resistance an annunciation that all Europe is submitting by degrees, the effort must be feeble indeed which is to be found in the inconvenience accruing to the formidable foe from the operation of this order in council, and especially when we combine with it the strange phenomenon of substituting for the lawful trade of the United States, a trade of British subjects, contrary to the laws of the adverse party, and amounting without a special license in the eye of British law to high treason.
Thus much for the orders in council. What has taken place with respect to the case of the Chesapeake will equally engage your attention.
You will perceive that throughout the early stages of the correspondence, this case was improperly confounded with, in others improperly separated from, that of the orders in council; and particularly that pains had been taken by Mr. Jackson to substitute verbal and vague observations on the disavowal of this part of the arrangement for an explicit and formal explanation, such as was obviously due. It will be seen also that when finally brought to the point, he referred for a justification of the disavowal to the departure of Mr. Erskine from his instructions without showing what those instructions were, and to allusions to an expression in the arrangement without giving to his meaning the distinctness prerequisite to a just reply.
It appears, however, that he lays great stress on the proposal enclosed in his letter of the 27th October, as at once indicating the departure of Mr. Erskine from his instructions, and as containing the conditions on the basis of which he was ready to enter on an adjustment. And from a note from the secretary of the British legation, it appears that he has complained of not having received an answer to this proposal, as he had before complained that no answer had been given to his verbal disclosures on this head in his interviews with me.
With respect to his intimations in conversation, as they were preceded by no proper assignment of the reasons for not having executed the original adjustment, it cannot be necessary to remark that no such notice, as he wished to obtain, could with any sort of propriety have been taken of them.
With respect to his written projects, it will suffice to remark:
1st. That beside his reluctant and indistinct explanation of the disavowal of the original adjustment, he did not present his proposal until he had made such progress in his offensive situation as made it proper to await the issue of the reply about to be given to it, and that this issue had necessarily put a stop to further communications.
2dly. That although he had given us to understand that the ordinary credentials, such alone as he had delivered, could not bind his government in such a case, his proposal had neither been preceded by nor accompanied with the exhibition of other commission or full power: nor, indeed, has he ever given sufficient reason to suppose that he had any such full power to exhibit in relation to this particular case. It is true that in his letter of the 23d October, he has stated an authority eventually to conclude a convention between the two countries. Without advertting to the ambiguity of the term eventually with the mark of emphasis attached to it, and to other uncertainties in the phraseology, it is clear that the authority referred to, whatever it may be, is derived from instructions subject to his own discretion: and not from a patent commission, such as might be properly called for. It is true also that in his letter of the 4th of November, subsequent to this proposal, he says he was possessed of a full power in due form for the express purpose of concluding a treaty or convention.
But it still remains uncertain, whether by the treaty or convention to which it related, was not meant an eventual or provisional treaty on the general relations between the two countries without any reference to the case of the Chesapeake. Certain it is that the British government in former like cases, as will be seen by the adjustment of that part of the affair at Nootka Sound, which is analogous to this case, did not consider any such distinct power as necessary; nor is there the slightest ground for supposing that Mr. Erskine, although confessedly instructed to adjust this very case of the Chesapeake, was furnished with any authority distinct from his credential letter. That Mr. Jackson has any such commission is the less to be supposed, as it is but barely possible, that possessing it, he should not on some occasion or in some form, have used a language susceptible of no possible doubt on this point.
But proceeding to the proposal itself, it is to be kept in mind that the conditions forming its basis, are the very conditions for the deviating from which Mr. Erskine's adjustment was disavowed. Mr. Jackson, if not on others, is on this point explicit. "I now add (says he) that the deviation consisted in not recording in the official document signed here the abrogation of the president's proclamation of the 2d July, 1807, as well as the two reserves specified in the paper of memoranda enclosed in my official letter to you of the 27th ult."
Considering then the conditions in the proposal as an ultimatum, in what light are we compelled to view such an attempt to repair the outrage committed on the frigate Chesapeake, and to heal the disappointment produced by a disavowal of a previous equitable reparation?
It is impossible on such an occasion not to recall the circumstances which constituted the character of the outrage to which such an ultimatum is now applied. A national ship proceeding on an important service, was watched by a superior naval force enjoying at the same time the hospitality of our ports, was followed and scarcely out of our waters when she was, after an insulting summons, attacked in a hostile manner; and the ship so injured as to require expensive repairs, the expedition frustrated, a number of the crew killed and wounded, several carried into captivity, and one of them put to death, under a military sentence. The three seamen, though American citizens, and therefore on every supposition detained as wrongfully as the ship would have detained, have notwithstanding remained in captivity between two and three years; and, it may be added, after it has long ceased to be denied that they are American citizens.
Under these circumstances we are called upon to ransom the captives.
1st. By acknowledging that a precautionary proclamation, justified by events preceding the outrage, by the outrage itself and by what immediately followed it, was unjustifiable, and that a repeal of it was properly a condition precedent to a reparation for the outrage. And this requisition is repeated, too, after such an acknowledgement had been uniformly asserted by this government to be utterly inadmissible, and, what is particularly remarkable, at a time when the proclamation, as is well understood, was no longer in force. The occasion obviously invited a silent assumption of the existing fact, and this would have excluded the difficulty heretofore found to be insuperable.
2d. By throwing into complete oblivion the conduct of the officer answerable for the murderous transaction, with a knowledge too on our part, that instead of being punished or even brought to trial, he has been honoured by his government with a new and more important command.
3d. By admitting a right on the part of Great Britain to claim a discharge from our service of deserters generally, and particularly of her natural born subjects, without excepting such as had been naturalized in due form under the laws of the United States.
It has not been explained, whether it was meant, as the universality of the term "deserter" would import, to include American citizens who might have left the British service. But what possible consideration could have induced the British government to expect that the United States could admit a principle, that would deprive our naturalized citizens of the

egal privileges, which they hold in common with their native fellow citizens. The British government ought not to have made such a proposition; because it not only, like others, naturalizes aliens; but in relation to the United States has even refused to discharge from the British service native citizens of the United States, involuntarily detained. If an American seaman has resided in Great Britain, or has married therein, or has accepted a bounty in her naval service, his discharge therefrom, on the regular application to the British government, has been invariably refused by its board of admiralty. This I state on the authority of the official reports made to this department. It is, therefore, truly astonishing that, with a knowledge of these facts such a proposition should have been advanced at all, but above all that it should have been made a sine qua non to an act of plain justice, already so long delayed. This is the more to be regretted; as the omen does not favor the belief we would willingly cherish, that no predetermination exists in the councils of his Britannic majesty irreconcilable to an amicable arrangement of an affair, which, affecting so deeply the honor of the United States, must precede a general regulation of the mutual interests of the two countries.
After the correspondence with Mr. Jackson was terminated, two notes, of which copies are herewith sent to you, were presented to me in the name and by the hand of Mr. Oakley, the British Secretary of Legation.
The first requested a document, having the effect of a special passport or safe-guard to Mr. Jackson and his family during their stay in the United States. As the laws of this country allow an unobstructed passage through every part of it, and with the law of nations, equally in force, protect public ministers and their families, in all their privileges, such an application was regarded as somewhat singular. There was no hesitation, however, in furnishing a certificate of his public character, and to be used in any mode he might choose. But what surprised most was the reasons assigned for the application. The insult he alluded to was then, for the first time brought to the knowledge of this government. It had, indeed, been among the rumours of the day, that some unbecoming scene had taken place at Norfolk or Hampton between some officers belonging to the Africane and the inhabitants, and that it originated in the indiscretion of the former. No attention having been called for, and no enquiries made, the truth of the case is unknown. But it was never supposed that Mr. Jackson, himself, who was on board the Frigate, had been personally insulted. Nor is it yet perceived in what way he considers it as having happened. It is needless to remark that any representation on the subject would have instantly received every proper attention.
Another ground on which a protection was asked for, is the supposed tendency of the language of our newspapers to excite popular violence on Mr. Jackson's person. Had he been longer and better acquainted with the habits and spirits of the American people, he would probably never have entertained an apprehension of that sort. If he meant to animadvert on the free language of the newspapers, he might justly be reminded that our laws, as those of his country, set bounds to that freedom: that the freedom of British prints, however great with respect to public characters of the United States, has never been a topic of complaint, and supposing the latitude of the American press to exceed that of Great Britain, the difference is infinitely less in this respect between the two, than between the British press and that of the other nations of Europe.
The second note seems to be essentially intended as a justification of the conduct of Mr. Jackson in that part of the correspondence which has given umbrage. If he intended it as a conciliatory advance, he ought not to have preceded it by a demand of passports, nor by the spirit or the manner in which that demand was made. He ought in fact, if such was his object, to have substituted an explanation in the place of his reply to my premonitory letter. But whether he had one or other, or both of these objects in view, it was necessary for him to have done more than be attempted in this paper.
It was never objected to him that he had stated it as a fact that the three propositions in question had been submitted to me by Mr. Erskine, nor that he stated it, as made known to him by the instruction of Mr. Canning, that the instruction to Mr. Erskine containing those three conditions was the only one from which his authority was derived to conclude an arrangement in the matter to which it related. The objection was that a knowledge of this restriction of the authority of Mr. Erskine was imputed to this government, and the repetition of the imputation even after it had been peremptorily disclaimed. This was so gross an attack on the honor and veracity of the government as to forbid all further
communications from him. Care was nevertheless taken at the same time to leave the door open for such as might be made through any other channel, however little the probability that any satisfactory communications would be received through any channel here.
To the other enclosures I add a printed copy of a paper purporting to be a circular letter from Mr. Jackson to the British consuls in the United States. This paper speaks for itself. As its contents entirely correspond with the paper last referred to, as they were unnecessary for the ostensible object of the letter, which was to make known Mr. Jackson's change of residence, and as the paper was at once put into circulation, it can only be regarded as a virtual address to the American people of a representation previously addressed to their government—a procedure which cannot fail to be seen in its true light by his sovereign.
The observations, to which so much extent has been given in this letter with those contained in the correspondence with Mr. Jackson will make you fully acquainted with the conduct and the character he has developed, with the necessity of the step taken in refusing further communications from him, and on the grounds on which the President instructs you to request that he may be immediately recalled. You are particularly instructed at the same time in making these communications to do it in a manner that will leave no doubt of the undiminished desire of the United States to unite in all the means the best calculated to establish the relations of the two countries on the solid foundations of justice, of friendship and of mutual interest.
With great respect, &c.
R. SMITH.
Wm. Pinkney, Esq. Sec. of State.
LETTERS FROM MR. ERSKINE, Envoy extraordinary and minister plenipotentiary of his Britannic majesty,
TO THE SECRETARY OF STATE.
Washington, July 31, 1809.
Sir—
I have the honor to enclose to you a copy of an order, which was passed by his majesty in council on the 24th of May last.
In communicating this order, it is with the deepest regret that I have to inform you that his majesty has not thought proper to confirm the late provisional agreement which I had entered into with you on the part of our respective governments.
Neither the present time, nor the occasion, will afford me a favourable opportunity for explaining to you the grounds and reasons upon which I conceived I had conformed to his majesty's wishes, and to the spirit, at least, of my instructions upon that subject; nor, indeed, would any vindication of my conduct, (whatever I may have to offer) be of any importance further than as it might tend to show that no intention existed on my part to practice any deception towards the government of the United States.
I have the satisfaction, however, to call your attention to the part of the inclosed order, which protects the commerce and shipping of the United States from the injury and inconveniences which might have arisen to American citizens from a reliance on the provision and agreement before mentioned; and I cannot but cherish a hope, that no farther bad consequences may result from an arrangement, which I had fully believed would have met his majesty's approbation, and would have led to a complete and cordial understanding between the two countries.
With sentiments of the highest respect and consideration, I have the honor to be, sir, your most obedient humble servant.
D. M. ERSKINE.
The Hon. Robert Smith, Sec. of State.
The Secretary of State to Mr. Erskine. Department of State, Aug. 9, 1809.
Sir—
I have just received from Mr. Pinkney a letter enclosing a principal paper, purporting to be a copy of a dispatch to you from Mr. Canning, which states among other things that "from the report of your conversations with Mr. Madison, Mr. Gallatin and Mr. Smith it appears—"
"1st. That the American government is prepared in the event of his majesty's consenting to withdraw the orders in council of January and November 1807, to withdraw contemporaneously on its part, the interdiction of its harbors to ships of war, and all non-intercourse and non-importation acts, so far as it respects Great Britain, leaving them in force with France and the powers which adopt or act under her decrees."
"2d. That America is willing to renounce, during the present war, the pretensions of carrying on in time of war all trade with the enemy's colonies, from which she was excluded during peace."
"3d. Great Britain, for the purpose of securing the operation of the embargo, and the bona fide intention of America, to prevent her citizens from trading with France, and the powers adopting and acting under the French decrees, is to be considered as being at liberty to capture all such American vessels, as may be found attempting to trade with the ports of any of these powers; without which security for the observance of the embargo, the raising it nominally with respect to Great Britain alone, would in fact, raise it with respect to all the world."
I have the honor to request you to favor me with such explanations, as your candor will at once suggest, in relation to these imputed conversations.
I forbear to state to you, sir, the surprise that is felt at the extraordinary pretensions set forth in this letter of instructions, and especially at the expectation that this government would, as a preliminary, recognize conditions two of which manifestly irreconcilable to the dignity and interest of the United States. I, however, would remark, that you had deemed it proper to have communicated in extenso this letter, it would have been impossible for the president to have perceived in its conditions, or in its spirit, that conciliatory disposition which had been professed, and which, it was hoped, had really existed.
I have the honor to be, &c.
Signed
R. SMITH.
The Hon. D. M. Erskine, &c.
[Documents to be concluded in our next.]
Congressional Register.
IN SENATE.
Friday, December 8.
The following resolution, reported by Mr. Giles on the 5th inst. was read a second time, and passed to a third reading on Monday.
Resolved by the senate and house of representatives of the United States of America in congress assembled, That the expressions contained in the official letter of Francis James Jackson, minister plenipotentiary of his Britannic majesty near the United States, dated the 23d day of Oct. 1809, and addressed to Mr. Smith, secretary of state, conveying the idea, that the executive government of the United States had a knowledge that the arrangement lately made by Mr. Erskine, his predecessor, on behalf of his government with the government of the U. S. was entered into without competent powers on the part of Mr. Erskine for that purpose, were highly indecorous and insolent; that the repetition of the same intimation in his official letter dated the 4th of November, 1809, after he was apprized by the asseveration of the secretary of state that the executive government had no such knowledge, and that if it had possessed such knowledge such arrangement would not have been entered into on the part of the United States, and after being officially apprized that such intimation was inadmissible; was still more insolent and affronting; and that in refusing to receive any further communications from him in consequence of these outrageous and premeditated insults, the executive government has manifested a just regard to its own dignity and honor as well as to the character and interest of the American people.
That the letter signed Francis James Jackson headed "Circular" dated the 13th of November 1809, and published and circulated through the country, is a still more direct and aggravated insult and affront to the American people and their government, as it evidently is an insidious attempt to excite their resentments and distrusts against their own government by appealing to them, through false and fallacious disguises, against some of its acts; and to excite resentments and divisions amongst the people themselves which can only be dishonorable to their own characters and ruinous to their own interests; and the congress of the United States do hereby solemnly pledge themselves to the American people and to the world to stand by and support the executive government in its refusal to receive any further communications from the said Francis James Jackson, and to call into action the whole force of the nation if it should become necessary in consequence of the conduct of the executive government in this respect, to repel such insults and to assert and maintain the rights, the honor, and the interests of the United States.
The following bill, which was likewise introduced by Mr. Giles, to prevent the abuse of the privileges and immunities enjoyed by foreign ministers within the United States, has also received a second reading.
Be it enacted, &c. That if any foreign ambassador, minister, or other person, entitled to enjoy within the U. S. the privileges and immunities of a foreign minister, shall have committed, or may hereafter commit, any such act as by the laws and usages of nations would justify the president of the United States in ordering such offending ambassador, minister or other person as aforesaid out of the District of Columbia or out of the territories of the U. S. or in sending him home to his sovereign, or to some place or territory within his sovereign's jurisdiction: in every such case where the president of the United States shall deem it proper and expedient to exercise his constitutional authority, in either of these respects he shall be, and is hereby authorized and empowered to cause a warrant to be issued and signed by the secretary of state, directed to any civil officer of the U. S. authorized to serve process, or any military officer under the authority of the U. S. States, commanding him to provide for and enforce the departure of such ambassador, minister or other person offending as aforesaid, taking due precautions to avoid improper or unnecessary violence in executing such warrant. And all officers civil and military, under the authority of the United States are hereby required and enjoined to be obedient to such warrant. And in case any officer, civil or military, to whom such warrant shall be directed, shall fail, refuse, or unreasonably delay to execute the same, every officer so offending shall be deemed guilty of a high misdemeanor, and shall be punished by fine and imprisonment before any court of the United States having cognizance of the offence. Provided, that the fine
shall not exceed _____ dollars, and imprisonment be for a longer time than _____ years.
House of Representatives.
Tuesday, December 5.
Mr. M c Kim, after some remarks going to shew that no subject more imperiously demanded the attention of the legislature than the practice pursued by some Americans, of trading under foreign licenses, submitted the following resolution; which was ordered to lie for consideration.
Resolved, That a committee be appointed to enquire into the expediency of prohibiting by law, vessels owned by citizens of the United States from trading under the licences or permissions of any foreign prince or state, to any port or place not under the dominion of such foreign prince or state, and that the committee have leave to report by bill or otherwise.
Wednesday, December 6.
Mr. Nelson said he had at a former session had the honor to submit a motion which had for its object the relief of the infirm and disabled soldiers of the United States. He now again submitted it, deeming it unnecessary to enlarge upon the subject, as follows:
Resolved, That a committee be appointed to enquire into the expediency of making provision by law for the relief of the infirm, disabled and superannuated officers and soldiers of the late revolutionary army and of the present army of the United States; and that the committee have leave to report by bill or otherwise.
The resolution was agreed to, and the following gentlemen appointed a committee accordingly: Messrs. Nelson, Hufly, Talmadge, Clay and Desha.
Resolved, That the president of the U. States be requested to cause to be laid before this house such information as he may have received and may deem proper to be communicated respecting seizures, captures and condemnations of the ships and merchandise of the citizens of the U. States under the authority of the government of Denmark and its dependencies, and G. Britain and France, not heretofore communicated to congress.
Thursday, December 7.
Mr. Van Horn after a few prefatory remarks introduced the following resolutions, which were ordered to be printed and to lie on the table:
Resolved, That the committee of commerce and manufactures be instructed to enquire into the expediency of prohibiting the exportation from ports or places under the jurisdiction of the U. States of any article of the growth, produce or manufacture of the U. States—except in ships or vessels owned and wholly navigated by citizens of the U. States.
Resolved, That the committee of commerce and manufactures be instructed to enquire into the expediency of prohibiting the exportation from ports or places under the jurisdiction of the U. S. in ships or vessels belonging to the U. S. of any article which is not of the growth, produce or manufacture of the U. S.
Resolved, That the committee of commerce and manufactures be instructed to enquire into the expediency of laying an additional discriminating duty in favor of ships owned and wholly navigated by citizens of the U. S.
Resolved, That the committee of commerce and manufactures be instructed to enquire into the expediency of prohibiting American ships and vessels from carrying articles of the growth, produce or manufacture of any foreign country from any foreign port or place to another foreign port or place.
Resolved, That the committee of commerce and manufactures be instructed to enquire into the expediency of modifying or repealing the laws allowing drawback.
The Gazette.
Wilmington, December 13, 1809.
FOR THE GAZETTE.
MR. JONES.
"A Friend" to the Arbitration Law, as a wholesome substitute to Jury-trial, has called public attention to the subject, and has specially pointed out as a difficulty the appeal necessarily (as he thinks) connected with the law. His opinion is, that the appeal ought to be to a second or third set of arbitrators, and not to a court, and at the expense of the appellant exclusively. Without admitting or rejecting this proposition, I shall offer some observations on the principle of appeals generally, leaving every reader to draw his own conclusion on what would be best.
The great original, from which all the modifications of trial are derived, is the Saxon Jury-trial—a simple jury without Judge, Counsel, or any officer except the Sheriff, who summoned and presided to keep order, receive their verdict and cause it into execution. From this decision or verdict there was no appeal—and to this day there is no appeal from a verdict of a Jury. The appeals which have created so much mischief and embarrassment to every system, is not from the verdict, but some opinion of the judges delivered to the jury, whereby the verdict is presumed to have been influenced. When, and why the judges came to have such a right, that is, a power to influence the verdict, does not appear

in the judicial history, other than as presumed to have been an usurped or assumed power by the Clergy, when William the Conqueror and his successors made judges. But the circumstance of such an appeal shews fully the power of a court over a verdict, and the danger from that power—or, in other words, how much the security of the simple Jury-trial is impaired by admitting Judges to direct and influence the Jury—insomuch that it is no longer a Jury-trial but a Court-trial.
Admitting then that arbitrators are a substitute for a jury, and the award in place of a verdict, it will follow, that no appeal whatever ought to be from the award more than the verdict; neither is there any in cases of arbitration or reference where both parties consent to the rule. But the law in Pennsylvania having given the right of reference to one party and rendered it compulsory on the other party, a very serious question arises how far it is either constitutional or sound policy to render the award now as obligatory as where both gave consent.—Most of the state constitutions have a declaration in favor of trial by jury, and at the same time have provided for erecting courts of chancery, where no jury is employed, although the most important business is there decided at the request or suit of one party and compulsory with the other, which is equally a privation of trial by jury with reference: from whence it would appear that the true meaning of the constitution is, merely in criminal cases to secure the jury trial. But admitting there is no constitutional impediment to the reference law without appeal—is it safe and the best policy to make the award as binding as the verdict of a jury (which is the case where both parties consent to refer)? This question being of doubtful solution, seeing abuse may be practiced on either side; that is, if the appeal be given, it will be used for delay and may be managed by the profession so as to destroy the reference law—while, on the other hand, if there be no appeal, artful parties may practice upon the weakness or corruptibility of arbitrators to do injustice, which the right of appeal will deter. It seems desirable to fall upon some middle ground which might obviate all these difficulties.
The middle ground might be found, I presume, in allowing an appeal to a jury trial. That is, let the sheriff of said county hold a monthly court specially to hear appeals, and have a panel of jurors ready as at the present terms. By this course the parties would not be divested of the trial by jury. The influence of the court would be obviated. The secret management of attorneys would be excluded—the temptation to delay would be removed, and a fair public trial, with little delay or expense, afforded to such as were really aggrieved.
It will not be pretended this plan is unsuitable of objection—that is impossible. Artful men whose interests are deeply affected would find fault with a highway to heaven. It is sufficient if the distinguished can find in this plan such an administration of justice as will afford the best security for property with least expense and delay, and without trenching on the letter or spirit of the constitution.
Candour and truth will warrant us to be assured of the direct and indirect opposition of the profession, including bench, bar and every one who receives money from court business. The people have no right either to complain of such opposition or expect otherwise from a profession whose interest compels them to resist an impending injury. But the people whose candour thus admits their obeying the dictate of interest, ought to have so much suspicion of their motives as to turn a deaf ear to all they say against it. The people should remember, that the business of a lawyer is to "make the worse appear the better cause," and therefore to be guided by them in establishing a system of administering justice is as contrary to reason as to let one party decide the cause on trial. Neither would it be less injudicious to give the dissatisfied party in the reference an appeal to a corps of enemies to the plan, which would not only be to place the appellee at the mercy of a hostile party, but subject the system itself to destruction.
It cannot be at this time a question, whether the reference is a good system of administering justice, or not. That point must be unquestionably decided in the universal apprehension of arbitration among the best, the most peaceable and the most pious men, where both parties agree. The only question now pending is, the practicability of rendering it equally suitable to society and compulsory on one party. All reasoning on this point must be subject to experience, which alone can establish the fact. Yet it is fair to draw inferences from analogous cases, and to enquire whether the present trial by jury would be less embar-
rassing than reference if not compulsory? If either party might appeal from the verdict of a jury to arbitrators—and from the award to jury trial, would not all the difficulties contemplated in the one be equally applicable to both? If they would, it follows to consider how far it may be proper to indulge a dubious right when to be employed chiefly for evil. And if indulged and productive of considerable difficulty, how far it ought to be evidence of inferiority of wisdom, or less suitability of the system, seeing its enlargements are only the fruit of so much greater indulgence.
These observations are respectfully submitted to the consideration of "A Friend" and the people by ZENO.
FOR THE GAZETTE.
MR. JONES,
IN your Gazette, a writer, who signs himself "A Person Injured," has called in question the conduct of the commanding officer of the 2d company of the 2d regiment of the first brigade. With respect to his first charge against the officer for not having given notice to all the members composing this company, by a proper non-commissioned officer, it is groundless. The district complained of, over which the commanding officer presides, was established in 1793. The members were regularly enrolled and all notified what the officer was to do annually thereafter; that he was to add to his roll the names of such as had attained the age of eighteen years, within the last year, and likewise all such as came to reside within the district, and to notify them of their enrollment without delay, by a proper non-commissioned officer, by whom such notice may be proved. The second charge is, that the commanding officer did appoint a court martial to try the delinquents who were absent, on the same day that he paraded; that this court martial so appointed did proceed to adjudge the absentees guilty of a fine; and further, that the court did hold their meeting after night.—If this should be the fact, that the court martial did try those who were absent on the last parade day, and that the court held their meeting in the night, the proceedings are not in conformity to law. Ten days notice must be given of all courts martial, after the offence has been committed, for the party to appear. The law permits the party to prove that he was absent from the parade by reason of sickness of himself or some of his family, that required his personal attendance. He has also a right to demand the attendance of witnesses in his behalf, to prove what the law permits him to offer as a legal excuse.—He has also a right to have the witnesses fined if they refuse to attend on the court martial, after being regularly summoned. He has also the permission to prove that he was prevented from attending before the court martial by reason of sickness, or other unavoidable accident. Should the party neglect or refuse to appear before the court martial to make his defence, after having ten days notice, he is to be adjudged guilty of the charge exhibited against him. It cannot be supposed that the officers composing this company are ignorant of the law. I can hardly believe that the commanding officer will approve of proceedings not warranted by law. If the court martial has acted as it is charged, 'their proceedings are illegal,' and no doubt will be disapproved of by the officer appointing the court, and another court martial and judge advocate appointed. There are no doubt in this district persons who are desirous to evade the law, and there are many who would be proud to defeat the provisions for a well organized militia. I am in hopes that the officers composing the 2d company will be vigilant in their duty, and at the same time that they require the strict performance of the law by the members of the company, that they
will not commit any infringements on the rights of the citizens. It is the duty of every good well-wisher to the peace and independence of the United States,' to see the militia well trained, according to the discipline prescribed by Congress. In making these observations I do not undertake to state the proceedings to have been as charged against the officers by "A Person Injured." I have endeavored to state what I conceive is the duty of the officer, as well as the citizens of his district—the law having prescribed certain penalties on either being found guilty of not having performed their several duties.
A FRIEND
To a well disciplined Militia.
FOR THE GAZETTE.
MR. JONES,
IN your Gazette of the 6th instant, a writer on the adoption of a reference law addresses himself to the advocates of the system and requests their attention to what he deems the most essential point, the right of appeal. He observes that he would grant a second or third reference, by paying all cost incident thereto, but would in no case admit of appeals to court; for he remarks that if appeals to courts are admitted, it would increase litigations and destroy the very intention of the law. Will it not be necessary, to carry this mode proposed by "A Friend" into execution, to call a convention to alter the constitution of government for this state? or does the writer conceive that an act of the legislature of the state can annul and make void the privileges guaranteed by the constitution to the citizens of this state? When the writer will satisfy the public that such a law as he proposes can be carried into effect without abridging the constituent privileges of the citizens of the state, he may have advocates for his system; but until he shall make it appear more clear than he has in his communication that the legislature possess the power, even in suits at law, to controul the courts of justice, in hearing appeals or correcting errors in proceedings at law, I shall be inclined to believe that no such power or authority is vested in the General Assembly of this state. And I am further of opinion that but few persons in this state are of the same opinion with "A Friend," that provided the legislature had the power, they would deem it wise or prudent to controul the courts of justice in their power of correcting the errors of juries or referees. Perhaps "A Friend," in his further communication on this subject, will favor the public with the draft of his bill, which he is desirous of having enacted into a law.
A CITIZEN.
In giving place to the foregoing communications, we have necessarily omitted several articles intended for this day's paper.
DIED on Monday afternoon, Miss Mary Richardson, daughter of M. Thomas Richardson, of this borough.
Notice is hereby given,
THAT on the 24th instant, at the house of JOHN CROW, in the town of New-Castle, will be received, proposals in writing for renting the Newport Ferry. The person or persons who may be desirous of renting the same will at the same time produce an engagement, in writing, from one or more persons, who shall be engaged to be bound for the rent that may be offered, and also for the faithful performance of the several duties required of the keeper by law.
John Crow,
Zachariah Derrickson, } Com'rs.
John Lynam,
December 9th, 1809. 124dec.
NOTICE
IS hereby given, that an industrious man, as a Farmer, with a small family, well recommended for honesty and sobriety, will meet with encouragement to attend a small Farm near the town of New-Castle by applying to the subscriber.
John Crow.
New-Castle, Nov. 25, 1809. w41
TO BE RENTED,
In possession given on or before the 25th of March next,
ALL that valuable property formerly occupied by Col. Thomas Duff, Esq., in the village of New-Port—consisting of a large commodious brick dwelling-house, pleasantly situated on the main street and elegantly fronting the river Christiana, well calculated for a large store, and as the Turnpike road leading from the Gap between Lewes or Lancaster to that place is now in considerable forwardness, and will probably be carried into effect in the course of the next summer, it will certainly be one of the most eligible spots for business in the state of Delaware. It has every convenience, such as a good garden, barn, stabling and other houses, &c. &c.—A handsome FARM of excellent land, contiguous to the town, will be let with it, and two or three Lots in the vicinity thereof, well adapted for grass, or as the renter may think proper to apply them. There are also eight acres of fertile Marsh, now in good order, a small distance from the town. The terms of renting said property may be known by applying to THOMAS DUFF, Esquire, residing at Mrs. Huggins's Wilmington.
N. B.—No part of this property will be sold separate from the other. Wilmington, Dec. 8th, 1809. ff.
In the Court of Chancery.
Thomas Robinson, surviving exor. of Abraham Robinson, dec'd.
James McIlvain and Mary his wife, and Thomas Perkins and Sarah his wife.
IN the Court of Chancery of the state of Delaware, held at New-Castle, for the county of New-Castle—Bill filed Feb. 10th, 1808—Summons issued, &c.
Upon the petition of the complainant Thomas Robinson, and upon the affidavit of Francis Haughey, esq., late sheriff of New-Castle county, it is ordered by the Chancellor, this thirtieth day of November, in the year of our Lord one thousand eight hundred and nine, that James McIlvain and Mary his wife, two of the defendants in the said bill of complaint, do appear in this Court on Saturday the tenth day of March next, to the said bill of complaint, and on failure so to do, that the said bill be taken pro confesso.
NICHOLAS RIDGELY, Chancellor.
New-Castle County, ss.
I DO CERTIFY, That the above is a true extract from the record thereof. Given under my hand and the seal of the said Court, at New-Castle, this fifth day of December, A. D. 1809.
HUGH W. RITCHIE, Reg'r. in Ch'ry. for N. C. County.
For Sale,
A VALUABLE PLANTATION,
CONTAINING 200 acres of Land, situated in Mill Creek hundred, New-Castle county, and state of Delaware. There are on the premises a very comfortable dwelling house, a good barn, hay house, &c. all in good order.—A considerable portion of the ground is well timbered, the remainder arable and meadow.
The natural soil is good and may be improved at a small expense, being situated within a short distance of an extensive lime stone quarry.—Possession may be had on the 23d of next March and the terms of sale known by applying to John Stockton in Wilmington, Dr. James McCalmont in New-Castle, or Joseph England near the premises, who will also show the property, if called on.
New-Castle 15th Nov 1m.
To Sportsmen.
WILL be let out for hunting, on Christmas Day the 25th inst. at 10 o'clock in the morning, at the Indian Queen corner of Market and Queen streets,
A Wild Deer,
Where persons desirous of partaking of the pleasures of the chase are requested to attend.
Wilmington, Dec. 6, 1809. 5t
Sein Twine and White Rope Manufactory.
PLOUGH Lines, Plough Traces, Bed Cords, Halters, Bed Laces, Sewing and Seine Twine, warranted equal to any imported, for sale by
John Hedges.
Dec. 6, 1809. 6m
Notice
IS hereby given, that the subscriber intends to apply to the Legislature of the State of Delaware, at its next Session, for a law empowering certain persons, therein to be named, to improve and straighten Murderhill Creek, in Kent county.
Walter Douglass.
Mordinton Mills, Nov. 4, 1809. ff.
For Sale,
AN excellent MILCH COW. For particulars enquire of the subscriber, at Brandywine Mills.
James Jeffries.
Nov. 15, 1809. 4t

Genuine Lee's Elixir!!
A sovereign remedy for Colds, obstinate Coughs, Catarrhs, Asthma, Sore Throats, and approaching Consumption.
A single trial of this medicine will prove its efficacious quality in restoring a perspiration common to healthy people, it dislodges and expels the tough viscid phlegm or mucus, strengthening the weakened vessels of the lungs, thus striking at the root of the disorder; the symptoms of course are effectually and permanently conquered. The great number of cures performed by this elegant and useful preparation, is sufficient to convince those that labour under colds, coughs, &c. of being immediately relieved. For the information of those persons, if any there be, that have not heard of the balsamic qualities of LEE'S ELIXIR, we give the names of the following persons, who are well known to our citizens in general as persons of integrity and strict veracity. From the following certificates it will plainly appear, that a three years consumption, a common cold, or cough, are all with ease removed by LEE'S ELIXIR.
To Parents who may have Children afflicted with the
Whooping Cough,
This discovery is of the first magnitude, as it affords immediate relief, checks the progress and in a short time entirely removes the most cruel disorder to which children are liable—the Elixir is so perfectly agreeable and the dose so small that no difficulty arises in taking it.
Messrs. R. Lee & Son,
The superior qualities of your Medicine called LEE'S ELIXIR, induces me to give you this certificate for publication, to point to my sufferings fellow mortals the road to health, the most valuable of all earthly possessions. For upwards of three years I have been afflicted with a severe cough, tightness of the breast, loss of spirits, and a gradual wasting of the flesh, having tried different medicines recommended for such cases without receiving any real benefit; fortunately one of your advertisements was given to me and I immediately applied to Mr. Vance, 173 Market Street, for some of your ELIXIR which has contrary to the expectations of my friends, restored me to my former good state of health. Any information will be given by me.
George Harwood,
Market street, Baltimore.
Messrs. R. Lee & Son,
You are at liberty to publish for the good of others, the benefit I have received from your excellent preparation, called "Lee's Elixir" Being afflicted with violent pain in the breast, loss of appetite and debility of the whole system, which rendered me unable to attend to business, being advised to try your Elixir, I procured two bottles of Messrs. Warner & Hanna, which have entirely removed the complaint, and restored me to a perfect state of health. From the good effects of your Elixir I was led to suppose your other medicines were equally efficacious which induced me to give your Worm Lozenges to my children, and with pleasure I inform you, they had the desired effect. Any other information I shall give on application to me at my house 513 street, Baltimore.
John Keller.
Messrs. R. Lee & Son,
I was attacked with a violent cold, a severe cough and pain in the breast, which continued to grow worse; during which time my appetite failed and my voice altered so much, that it was with the utmost exertion I could pronounce a single sentence louder than my breath. Some of my friends having observed to me, that much good had been done by Lee's Elixir—advised me to procure a bottle from Messrs. Warner & Hanna, which I accordingly did—and to those persons, unacquainted with the merits of this medicine it will appear astonishing that three doses should remove the pains in my breast, and the use of the bottle restored me to perfect health.
J. A. Smith, Market street, Fell's Point.
Lee's Worm Destroying Lozenges, which effectually destroy all kinds of worms from persons of every age.
The following is not a singular instance of the effects of worm in adults.
Messrs. R. Lee and Son,
For a long time I was afflicted with fainting fits gripping in the bowels, pain in the stomach and a wasting of the flesh—the advice of an eminent physician proved useless—nothing now appeared but the immediate prospect of death; when happily my mind recollecting the many cures that have been performed by Lee's Lozenges, a box was procured from Messrs. Warner and Hanna, which has entirely removed every symptom of the complaint.
Having experienced so much benefit myself, I think it my duty to recommend them to all my acquaintance—several boxes have been sent by me to my father's family in Bethlehem to be distributed among my friends who might be afflicted with worms. Any other information will be given by applying to
Catharine Walker, Market street. Edward Higgies,
South street, Baltimore, administered Lee's Lozenges, agreeable to the directions, to his child of 14 months old—the first of which expelled a Worm measuring 20 inches long & near half an inch thick, the second dose expelled another 16 inches long & the same thickness, and a quantity of small worms mixed with slime, &c. The child enjoys a good state of health.
Thousands of our fellow citizens have received benefits from the above Medicines when reduced to the last stage of disease, and many families of the first respectability have given public testimony of the astonishing cures performed with the above preparations. The proprietors are well assured that a single trial of any article here enumerated, will convince the most prejudiced person in its utility.
To detect counterfeits, observe than none can be genuine without the signature of Michael Lee, & Co. (Late Richard Lee & Son.)
N. B.—Each and every medicine above enumerated, have directions describing their mode of use in the most perfect manner.
Sold at the bookstore of Mathew R. Lockerman next above the Bank of Delaware, Market-street, Wilmington.
December 9, 1809. 1y
To be Rented,
For one or more years, and possession given the 25th of March next,
A PLANTATION,
Well known by the name of
Bread & Cheese Island.
IT is situated on White Clay Creek, five miles from Wilmington, two from Newport, and half a mile from Staunton. The situation is healthy and pleasant, and convenient to mills markets and places of public worship.
A large portion of the land is marsh meadow, in excellent order, and well calculated for grazing. The improvements are, a good dwelling house and kitchen, and all necessary out houses for the accommodation of a large stock. As it is presumed that any person wishing to rent will first desire to view the premises, a further description is deemed unnecessary.—For further particulars enquire of the subscriber, in the village of Newport.
Aron Justis.
November 22, 1809. oc
Take Notice.
WAS taken up on suspicion of being a vagabond, and now confined in the jail of Chester County, Pennsylvania, a Black Man, who calls himself Shadrack Mocklin , appears to be about 21 or 22 years of age; about 5 feet 7 or 8 inches high; full face; thick lips; a small scar under his right eye; says he was brought up with Sampson Davis, a colored man, and a house carpenter, near Milford in the state of Delaware, and set free by him, March 1809, but has no credentials to show this was the case.
Any person owning said black man, is desired to come forward, prove his property, pay charges and take him away before the 17th of December next, otherwise he will be discharged from prison.
Thomas Evans.
West-Chester, Nov. 23, 1809. 4t
To Let,
and may be occupied after ten days notice, the following property—For terms enquire of the subscriber.
No. 1. A convenient two story Brick House, garden, stables, &c. The house is situated on Prospect Hill, on the north-west side of Washington street, equally convenient to each Market-house.
No. 2. A Grass Lot on the north-east side of Washington street and in front of No. 1.
No. 3. Three acres of land, two thirds in grass that has been mowed three times in the season, and one third in pasture ground, situate on Second street on the corner of Adams, Jefferson and Madison streets, the two last named streets laid out but not opened.
No. 4. A convenient Brick Tenement, 36 by 30 feet, situate on the corner of Second and French streets. All the passage round this house paved with brick, and a hydrant of spring water near the kitchen. Stables and carriage house will be let with this house, if required, convenient to the house.
Allen McLane
Wilmington, (Del.) Oct. 25, 1809.
Notice
IS hereby given, to all whom it may concern, that application will be made to the General Assembly of the State of Delaware at their next session at Dover, for an act authorizing them to bank off, stop and drain the waters, marsh, low lands and cripples of the North-West Branch of Duck Creek, at or near Mr. Edward Roberts's farm, in Thoroughfare Neck, Appoquimink hundred, New-Castle county and State of Delaware.
John Fennimore, John Taylor, Thomas Emory.
Aug. 19. 3m
To be Rented
AND possession had immediately the Store-Room and Cellars under the Printing-Office of the Delaware Gazette.—For particulars enquire of the Printer. Nov. 8, 1809. 36-f.
WILMINGTON COLLEGE.
THE Trustees of Wilmington College take pleasure in being able to announce to the public the revival of the Latin school in this institution, under the immediate care of Mr. Bigelow and general superintendence of the Rev. Dr. Read. The healthy situation of Wilmington, its character for morality, the goodness of its market and choice of best boarding houses, joined to the evidence of Mr. Bigelow's capacity as a teacher, and the long and justly established reputation of Dr. Read as a successful preceptor, all concur to recommend this seminary to the attention of Parents and Guardians, anxious to promote the education and improvement of the youth intrusted to their care, especially when they are further assured that the other departments of the College are provided with tutors fully adequate to their appointments, and unexceptionable moral characters.
By order of the Board,
ROBERT HAMILTON, EBENEZER A. SMITH, JOHN RUMSEY, WILLIAM PRYCE, Committee. July 22, 1809.
For Sale,
AT the Book-Store of M. R. LOCKERMAN, Weems' Life of Washington, containing a fund of information and amusement.
An interesting history of the Knight's Templars, their origin, character and persecution.
The history of the decline and fall of the Roman Empire, by Edward Gibbon; containing memoirs of his life and writings.
Patriotic sketches of Ireland, written in Connaught, by Miss Owenson.
Poetic Trifles, by John Henry Mills, comedian.
The Wild Irish Girl, by Miss Owenson.
Montalbert a novel; Armenian or Ghost Seer; Joseph Andrews; Roderick Random; Charlotte Temple; the Drown'd Wife; the Vicar of Wakefield; Blair's Lectures; Goldsmith's Rome; Jess's Surveying; Jackson's Book-keeping; the Clerk's Magazine; and a great variety of histories, voyages and travels, day-books, journals and ledgers, and writing-books of every description; writing paper, slates, scales and dividers, quills, inkstands, wafers, &c. &c.
* That scientific author speaking of the French and Indian wars about the time of Braddock's defeat describes the effect the news had in England thus:—
SWIFT as the broad-winged packets could fly across the deep, the news was carried to England.—Its effects there were like that of a stone rudely hurled against a nest of hornets. Instantly, from centre to circumference, all is rage and bustle....The hive resounds with the maddening insects; dark tumbling from their cells they spread the hasty wing, and shrill whizzing through the air, they rush to find the foe. Just so in the sea-rolling island, from queen's house to ale-house, from king to cockney, all were fierce for fight. Even the red-nosed porters, where they met, bending under their burdens, would stop, but, in the streets, to talk of ENGLAND'S HONOR and, as they talked, their fiery souls were seen to grow more fiery still, and more deform. Then throwing their packs to the ground and leaping into the attitude of boxers, with sturdy arms across and rough black jaws stretched out, they bent forward to the fancied fight! The frog-eating toe, in shirtless ruffes and long lank cue, seems to give ground! then rising in their might, with fire striking eyes they press hard upon him, and coming in, hand and foot, with kick and cuff and many a hearty curse, they shew the giggling clown, how damn 'em! they would thump the French."
September 6, 1809.
NOTICE.
NOTICE is hereby given to all persons that the Subscriber intends applying to the Legislature of the State of Delaware, at their sitting in January next, on behalf of the Heirs and legal Representatives of William Peery, deceased, and John Lanke, deceased, for the condemnation of a certain Mill stream on the head of Mill Creek, above Holland's mill, in Broadkiln Hundred, Sussex.
James Peery.
October 14, 1809.
Take Notice.
NOTICE is hereby given that application will be made to the Legislature of this State, at their next session, for a law to enable the owners of a parcel of Marsh lying on the south side of Port-Penn, between that place and the Piers, to embark the same.
David Stewart.
Port-Penn, Oct. 24, 1809. law.tf
Matthew Kean
INFOIMS his friends and the public that he has opened a Dry Good Store of the west side of Market Street, next door below the corner of Second Street; where he offers for sale a handsome assortment of reasonable goods on moderate terms Wilmington, June 17, 1809.
Notice.
SUCH persons as are indebted to the estate of ESTHER YARNALL, deceased, either by bond, note, or book-debt, are requested to make immediate payment to John Warner and John Torbert, or either of them, who are legally authorised to receive the same. And those who have claims against said estate are requested to present them for settlement.
William Warner, Ex'r.
Feb. 11, 1809. tf
James Gardner,
RESPECTFULLY informs his friends and the public that he has removed his store to the east side of Market-street, one door above Spackman & Grubbs, (nearly opposite the post-office) where he has opened a large assortment of elegant Dry Goods among which are,
  Blue, black, brown, drab, cobalt, bottle green, grey, and dark mixed superfine cloths  Marseilles quiltings    Cassimeres  Fustians and jeans    Bennet's patent cord  Lute strings    Coatings and flannels  Sinshaw and Mantua silks    Forest cloths  Silk & york tan gloves    Velvets and constitution cords  Bandanna and Madras handkerchiefs    Beverens  Cammel's hair shawls    7-8 and 4-4 Irish linens  Checkered and striped linens    blue & yellow nankeens  Damask shawls    Wide and narrow cotton cassimeres  Russia & dowlas linens    Chintzes and calicoes  Rattine & bombazette    Cambric and common dimities  Red & green booking baize    Calimancoes  Brown holland    Durant and Jones' spinning  Suspenders    Cotton and worsted hosiery  Umbrillas & parasols    Colored, chambray, cambric, jackanet, mull-mull, India, British, book, gurrab, bafia, & leno Muslins  Black satins and florintines     Scissors & pen-knives     Silk hose     Gilt & plated buttons     Oil cloths     Trunks     Morocco & kid shoes &c. &c.  
N. B. Country Store Keepers supplied on the lowest terms for cash or the usual credit.
James Gardner
Patent Washing Machines.
THE subscriber respectfully informs his friends and the public in general, that he has, some time ago, purchased an exclusive right of making and vending Patent Washing Machines throughout the hundreds of Brandywine and Christiana, in New-Castle county, a number of which machines he has already made, which have been tried by divers persons and highly approved of, as they save a great part of the labour of washing in the usual way, and are less injurious to clothes. He will continue to make and have a supply of them on hand, which he will sell on reasonable terms to such as favour him with their custom; and will also sell to any person a right to make and use them within the hundreds aforesaid.
ABRAM GEST.
Wilmington, Jan. 21, 1809. tf
John Dixon
HAVING succeeded Warner & Torbert in the grocery business, at the stores lately occupied by them on Market-street wharf; offers for sale on the most moderate terms, for cash or the usual credit, A General Assortment of Groceries.
And hopes by a strict attention to business, to merit a share of the public patronage.
The Packet, Sloop HOPE, Capt. MILNER, with good accommodations for passengers, will ply between this Town & Philadelphia as usual—all freight sent by said packet will be carefully attended to. Wilmington, July 8, 1809.
NOTICE.
IS hereby given, to all whom it may concern, that Joseph Vincent intends to apply to the legislature, at their next session, in order that he may be enabled to ascertain the boundaries, of part of a certain tract of Land, called Round Pond enlarged, situated in Broad Creek hundred, in the county of Sussex; which said part of Land was directed to be laid off to Sally M. Houston, under whom he claims, by the last will and testament of John Houston, dec'd.
JOSEPH VINCENT.
Nov. 12, (15) 1809. 6t
HARLAN'S Square Sun-dial Compass.
THE subscriber has invented an instrument to survey by the sun, which in every respect supercedes the needle, and not being subject to attraction or variation, will point out the variation of the needle at sea, and the time of the day. It may be seen at Richard Baker's, Bradford, near the Forks of Brandywine, till the 25th of March next. The said Baker will show any gentleman the practice and principle of the instrument for one quarter of a dollar.
JEHU HARLAN.
Nov. 15, 1809. 4t