The Delaware gazette (Wilmington [Del.]), 1809-12-06 00:00:00

THE DELAWARE GAZETTE.
VOL. I.]
WILMINGTON, WEDNESDAY, DECEMBER 6, 1809.
NO. 44
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DOCUMENTS,
Which accompanied the Message of the President of the United States.
Mr. Jackson to Mr. Smith.
Washington, 11th October, 1809.
SIR—I have had the honor of receiving your official letter of the 9th inst. towards the close of which you inform me, that it has been thought expedient to put an end to all verbal communication between yourself and me, in discussing the important objects of my mission. Considering that a very few days have elapsed since I delivered to the president a credential letter from the king my master, and that nothing has even been alleged to have occurred, to deprive me of the facility of access, and of the credit to which, according to immemorial usage, I am by that letter entitled, I believe there does not exist in the annals of diplomacy a precedent for such a determination between two ministers, who have met for the avowed purpose of terminating amicably the existing differences between their respective countries; but, after mature reflection, I am induced to acquiesce in it by the recollection of the time that must necessarily elapse before I can receive his majesty's commands upon so unexpected an occurrence, and of the detriment that would ensue to the public service, if my ministerial functions were, in the interval, to be altogether suspended. I shall therefore content myself with entering my protest against a proceeding which I can consider in no other light, than a violation, in my person, of the most essential rights of a public minister when adopted, as in the present case, without any alleged misconduct on his part. As a matter of opinion, I cannot, I own, assent to the preference which you give to written over verbal intercourse for the purpose of mutual explanation and accommodation. I have thought it due to the public character with which I have the honor to be invested, and to the confidence which his majesty has been most graciously pleased to repose in me, to state to you unreservedly my sentiments on this point. I shall now proceed to the other parts of your letter, and apply to them the best consideration that can arise from a zeal proportioned to the increase of difficulty thus thrown in the way of the restoration of a thorough good understanding between our respective countries.
You state, sir, very truly, that an arrangement had been made between you and Mr. Erskine, and that his majesty had thought proper to disavow that arrangement.
I have, here in the outset, to regret the loss of the advantage of verbal intercourse with you, as I should have availed myself of it to enquire whether by your statement, it were your intention to complain of the disavowal itself, or of a total want of explanation of it, or of the circumstance of that explanation not having been made through me. I observe that in the records of this mission there is no trace of a complaint, on the part of the United States, of his majesty having disavowed the act of his minister. You have not in the conferences we have hitherto held, distinctly announced any such complaint, and I have seen, with pleasure, in this forbearance, on your part, an instance of that candor, which I doubt not will prevail in all our communications, in as much as you could not but have thought it unreasonable to complain of the disavowal of an act, done under such circumstances, as could only lead to the consequences that have actually followed.
It was not known when I left England, whether Mr. Erskine had, according to the liberty
allowed him, communicated to you in extenso his original instructions. It now appears that he did not. But, in reverting to his official correspondence, and particularly to a dispatch addressed on the 20th of April to his majesty's secretary of state for foreign affairs, I find that he there states: that he had submitted to your consideration, the three conditions specified in those instructions, as the ground work of an arrangement which, according to information received from this country, it was thought in England might be made, with a prospect of great mutual advantage. Mr. Erskine then reports verbatim et seriatim your observations upon each of the three conditions, and the reasons which induced you to think that others might be substituted in lieu of them. It may have been concluded between you that these latter were an equivalent for the original conditions; but the very act of substitution evidently shews that those original conditions were, in fact, very explicitly communicated to you, and by you of course laid before the president for his consideration. I need hardly add, that the difference between these conditions and those contained in the arrangement of the 18th and 19th April, is sufficiently obvious to require no elucidation; nor need I draw the conclusion, which I consider as admitted by all absence of complaint, on the part of the American government, viz that under such circumstances, his majesty had an undoubted and incontrovertible right to disavow the act of his minister. I must here allude to a supposition, which you have more than once mentioned to me, and by which, if it had any the slightest foundation, this right might perhaps have been in some degree affected. You have informed me that you understood that Mr. Erskine had two sets of instructions, by which to regulate his conduct; and that upon one of them, which had not been communicated either to you or to the public, was to be rested the justification of the terms finally agreed upon between you and him. It is my duty, sir, solemnly to declare to you and, through you, to the president, that the dispatch from Mr. Canning to Mr. Erskine, which you have made the basis of an official correspondence with the latter minister, and which was read by the former to the American minister in London, is the only dispatch, by which the conditions were prescribed to Mr. Erskine for the conclusion of an arrangement with this country on the matter to which it relates.
To return to the immediate subject of your letter. If, sir, it be your intention to state, that no explanation whatever has been given to the American government of the reasons which induced his majesty to disavow the act of my predecessor, I must, in that case, observe, that in the instructions conveying to him his majesty's intention, those reasons were very fully & forcibly stated; & if he has not transmitted them to you, I can only attribute it to the peculiar delicacy and embarrassment of his situation, for which he probably trusted to the president's goodness to make some allowance; and he might the more reasonably be led to that reliance on it, as a full and ample communication was also made upon the subject by his majesty's secretary of state for foreign affairs to Mr. Pinkney, to whom the whole of Mr. Erskine's original instruction was read, and who it was natural to suppose, would convey to his government so much information upon a very momentous occasion, as would relieve Mr. Erskine from the necessity of entering into minute details of the misunderstanding that had occurred. At all events, no complaint can be substantiated against his majesty's government on this score, seeing that they not only instructed the minister who had made the disavowed arrangement as to the motives which occasioned the disavowal, but also with frankness, promptitude, and a most scrupulous regard to national honor, gave notice to the American minister in London of the disavowal, of the motives of it, and of the precautions spontaneously taken by his majesty to prevent any loss or injury accruing to the citizens of the United States from a reliance on any agreement however unauthorised, made in his majesty's name. The mere allusion to this latter circumstance dispenses me from further noticing the effects which you describe as being produced upon the United States by the circumstances of this agreement. How far they are irrevocable it is not for me to determine—but the word irreparable seems to imply that a loss had been sustained on the occasion by the public or by individuals of this country. So far as his majesty could be by possibility supposed answerable for such an eventual loss, he has, as I have before stated, taken the utmost precaution to avert it.
As to the expectation entertained here, that the explanation of his majesty's share in this transaction should be made through me, I might content myself with simply observing, that I was not provided with instructions to that effect, because it was known that the explanation in question had already been given. But it accords with the sentiments of his majesty towards this country to observe also, that he considered, that as some time must necessarily elapse between my appointment and my entrance on the duties of my ministry, it would be a more friendly mode of proceeding to state
without delay, and through the channels I have already mentioned, the motives that compelled his majesty to disavow the agreement, then to leave the American government in uncertainty in these respects, till the unavoidably protracted period of my arrival in America. I say this in regard to the original notification of his majesty's determination, and of the motives of it, which being already made, it could not be supposed in London that a repetition of them would be expected from me; and of course no such case has been foreseen in my instructions. But if, beyond this any incidental explanation or discussion should be wished for by this government, I came fully prepared to enter into them. I even consider them to have taken place bet ween us. I have certainly derived great satisfaction from the several hours which we have spent in conference upon these subjects, because they have enabled me to remove some misunderstandings, and to refute many misrepresentations, which you yourself informed me of, in regard to the conduct of the British government. I consider such mutual explanations as highly beneficial to a right understanding of the views and interests of the two countries, and I should with much pleasure have renewed them, if you had not informed me that the president had been pleased to prescribe another and a different mode of conducting our negotiations.
I will nevertheless avail myself of that mode which he still permits to repeat to you that his majesty has authorised me, notwithstanding the ungracious manner in which his former offer of satisfaction for the affair of the Chesapeake was received, to renew that which Mr. Erskine was instructed to make. You have said that you so fully understood the particulars of that offer, that I deem it unnecessary to recapitulate them here: I regret that, since they were clearly understood by you, you should not yet have been enabled to state to me either in our personal communications, or in the letter which I am now answering, whether they are considered by the president as satisfactory, or whether they are such as he ultimately means to accept. You seem not so distinctly to have understood the form of proceeding in this affair, which I took the liberty of suggesting as likely to lead to a satisfactory result, without however at all precluding any other method which might appear preferable to you. My proposal was, not to communicate a note tendering satisfaction, but to agree with you before hand upon the terms of a declaration on the part of his majesty, which should actually give the satisfaction, (the conditions of which I informed you that I was authorised to carry into immediate execution) and of a counter declaration to be signed by you on the part of the United States for the purpose of accepting such satisfaction. I expressly stated that this interchange of official documents was not meant by me as the means of conveying to each other our respective sentiments; that I understood to be, as is usual, the object of our conferences; and I imagined that the papers to be signed by us, respectively, would be the result of those sentiments so communicated, and that by being reciprocally corrected and modified, and simultaneously delivered, they would form one compact by which the two countries would be equally bound. This course of proceeding is comfortable to the practice of the courts of Europe on similar occasions. You did not at the time appear to object to it; you even requested me to come the next day, prepared with a draft or project of a paper, framed in pursuance to these ideas; and although you desired to refer the subject to the president for his approbation, I do not find in your letter either an expression of his sentiments upon it, or the substitution of any other form that might be more agreeable to him, than the one which I have proposed.
I touch with considerable and very sincere reluctance upon that part of your letter, in which you state that I had not assigned "any reason whatever why the reasonable terms of satisfaction tendered and accepted have not been carried into effect."
I believed that I had observed to you, in the words of my instructions, that if his majesty were capable of being actuated by any desire to retract an offer of reparation which he had once made, his majesty might be well warranted in doing so both by the form in which his accredited minister had tendered that reparation, and by the manner in which that tender had been received. I believe that I elucidated this observation by a reference to the particular expressions, which made the terms of satisfaction appear to be unacceptable even to the American government, at the very moment when they were accepted, and which at all events put it totally out of his majesty's power to ratify and confirm any act in which such expressions were contained.
On the subject of his majesty's orders in council, I have had the honor of informing you that his majesty having caused to be made to the government of the United States certain proposals, founded upon principles, some of which were understood to originate in American authorities, and others to be acquiesced in by them; and having afterwards ascertained, in the manner mentioned in a former part of this letter, that the sentiments of the American go-
vernment were so different from what they were at first understood to be, I was not instructed to renew to you those proposals, nor to press upon your acceptance an arrangement which has been so recently declined, especially as the arrangement itself is become less important, and the terms of it less applicable to the state of things now existing.
Those considerations which were first intimated in Mr. Canning's official letter to Mr. Pinkney of the 23d September, 1808, and which, in the process of the following six months, acquired greater weight and influence, induced his majesty, before the result of Mr. Erskine's negotiation was known, to modify the orders in council of November, 1807, by that of the 26th of April, 1809.
The effect of this new order is to relieve the system under which the former orders were issued, from that which has always been represented in this country, as the most objectionable and offensive part of it—the option given to neutrals to trade with the enemies of Great Britain thro' British ports on payment of a transit duty. This was originally devised and intended as a mitigation of what is certainly more correct but more rigid in principle—the total and unqualified interdiction of all trade with the enemy. If, however, this mitigation was felt as an aggravation, and, as has been sometimes warmly asserted, as an insult, that cause of complaint is now entirely removed. By the order in council of the 26th April, 1809, all trade with France and Holland, and the ports of Italy, comprehended under the denomination of the kingdom of Italy, is simply prohibited altogether. No option is afforded, and consequently no transit duty is required to be paid. In another respect, the order in council of the 26th April must be admitted to be more restrictive than those of Nov. 1807.
The trade with enemies' colonies which was opened to neutrals at the commencement of the present war, by the order in council of the 24th of June, 1803, was continued to be left open by those of November, 1807. The order in council of the 26th April retracts this indulgence. But it is to be observed, that since the period when the orders in council of Nov. 1807 were issued, the opening of the ports of Spain, of Portugal, of the south of Italy and of Turkey, has afforded a more ample scope to neutral commerce, and that by the capture of Martinique, in addition to that of almost all the colonies of the enemies of Great Britain, together with the blockade of Guadaloupe, the extent to which the liberty of commerce with enemies' colonies applied has been so far narrowed, that there is little of practical hardship in recurring to the rule which, however occasionally mitigated in its application, Great Britain can never cease in principle to maintain. It is further to be observed, that the order in council of the 26th April has this operation highly favorable to neutrals, that restricting the regulations of blockade to France, Holland and their colonies, and to the territories denominated the kingdom of Italy, it lays open to the direct trade of neutrals the ports of the north of Europe. Under the order of the 26th April, therefore, while there are on the one hand fewer points of difference to stand in the way of a satisfactory arrangement between Great Britain and the United States, it is possible that there may be less temptation to the latter to enter into an arrangement, as the extent of their commerce may be, if they please, nearly as great under the order in council of the 26th April, as it would be even without any such order as long as France and the powers subsequent to France continue to enforce their decrees. It is, in the same proportion, matter of indifference to Great Britain, whether the order in council be continued, or an arrangement by mutual consent substituted in its room.
Such, sir, are the grounds on which it has appeared to his majesty to be unnecessary to command me to propose to the government of the United States any formal agreement to be substituted for that which his majesty has been under the necessity of disavowing; but I am directed to receive and discuss with you any proposal which you may be authorized to make to me on this head.
As no disposition has hitherto been shown on your part to make any such proposal, it has been impossible for me to state by anticipation (nor was I instructed so to do) what might be the answer that I should eventually think it my duty to return to you; consequently I could not have made with that view the statement contained in the 4th section of your letter, and the three subdivisions of it. Such a statement would have been obviously inconsistent with the former part of my overture, which you very correctly record in the 3d section, viz: that I was not instructed to make to you any proposal whatever upon this subject. I must necessarily reserve, until I hear from you what proposals it may be deemed proper to make on behalf of the United States, to state in how far they do or do not accord with the instructions which it has pleased his majesty to give me for my guidance in this negotiation.
I will only add, sir, in conclusion of this letter, that his majesty is very sincerely desirous of maintaining a perfect and cordial understanding with the United States, and of bringing to a complete and satisfactory adjustment all the points of difference that have arisen between the two governments; and that, agreeing as I do with you, most heartily, as to the interest which

Self interest have in fostering a mutual and so- lidity and cordiality, no zeal or exertions shall be wanting on my part to carry into effect his majesty's commands for this most sa- lutory purpose.
I have the honor to be, with great respect, sir, your most obedient humble servant,
F. J. JACKSON.
The Hon. Robert Smith, Sec. &c. &c.
Mr. Smith to Mr. Jackson.
Department of State, Oct. 19. 1809.
Sir,
I have had the honor of receiving your letter of the 11th instant.
Before I proceed to the more material topics, which it embraces, it is proper that I should take some notice of your construction, which has unhappily converted an intimation of the expediency of conducting in a written form our further discussions on this particular into a ge- neral prohibition of all verbal communications whatever, and into an unprecedented violation of the most essential rights of a public minister, requiring a formal protest and a resort to the commands of your sovereign.
A recurrence to that intimation cannot fail to shew, that its sole object was to avoid, in the further discussions of a case of unusual delicacy and importance, the misconceptions well known to be incident to oral proceedings, and of which the diplomatic intercourse between the two go- vernments had furnished so many and such se- rious proofs—nay, of which your letter itself is an additional illustration. That a change in diplomatic discussions from an oral to a written form is not without precedent, I cannot refer to one which will be more satisfactory to you than the intimation recently given by Mr. Canning, in the case of the proposal by Mr. Pinkney on the subject of the orders in council and the em- bargo, that the discussions which had been pre- viously verbal must thenceforth take a written form. And with this view I take the liberty of recalling your attention to the subjoined extracts (see A. and B.) of letters that passed on that oc- casion.
On the present, as on that occasion, the change from verbal to written communications was requested after two conferences, and when the subject appeared to one of the parties to have, by those verbal discussions, been brought to a point, which required a precise under- standing of the views and propositions of the other.
You will, sir, hence perceive, that in main- taining the right, which every government has as to the rules of intercourse with foreign fun- ctionaries near it, no encroachment has been made or intended on any right or customary pri- vilege belonging to you in that character, nor any thing done to impede the proper and usual course of negotiation.
You have been sufficiently apprised, by my letter of the 9th, of the light in which the presi- dent views the arrangement lately made by your predecessor with this government, and of the grounds on which he has expected a formal and satisfactory explanation of the reasons for the refusal of his Britannic majesty to carry it into effect. He persists in that expectation, and in the opinion, that there has been given no ex- planation that is adequate, either as to the matter or as to the mode.
When one government has been solemnly pledged to another in a mutual engagement by its acknowledged and competent agent, and re- fuses to fulfil the pledge, it is perfectly clear, that it owes it, both to itself and to the other party, to accompany its refusal with a formal and frank disclosure of sufficient reasons for a step, which, without such reasons, must deeply injure its own character, as well as the rights of the party confiding in its good faith.
To refuse with honor (says a high authority on public law) to ratify what has been concluded on by virtue of a full power, it is necessary that the government should have strong and solid reasons, and that he shew in particular that his minister has violated his instructions."
Although it is particularly incumbent on the sovereign in such case to shew that his instruc- tions have been violated, yet it is not a mere vi- olation of them on immaterial points that will be sufficient. It is indispensably requisite, moreover, that the reasons be strong and solid, that they manifestly outweigh not only the ge- neral obligation to abide by what has been so done, but also the disappointment and injury ac- curring to the other party. And it is worthy of notice that the case under discussion is of a high- er character, and appeals with greater solemnity to the honor and justice of the refusing party, than the case stated in Vattel, inasmuch as the transaction, now disavowed, was not a treaty or convention to be ratified by both parties, pre- vious to the execution by either. It had accord- ing to the terms of it, (and this peculiarity ap- pears to have been contemplated by your gov- ernment,) been actually and immediately carried into execution on the part of the United States. The refusal of his Britannic majesty is, there- fore, not simply to ratify what had been ratified by the other party, but to carry into effect on his part an arrangement which had been carried into full effect on the part of the United States. Nay, the case is strengthened by the further pe- culiarity, that some of the circumstances attend- ing the execution of the arrangement on the part of the United States render it unanswerable of a full equivalent for the refusal to execute it on the other side.
It has not escaped observation, that the obli- gation of your government to tender explana- tions on this occasion is admitted by your attempt to shew that it has been sufficiently done in what passed in conversation between Mr. Can- ning and Mr. Pinkney, and by the instructions given to Mr. Erskine to communicate such ex- planations.
With every disposition to view in the most favorable light whatever may affect the relations between the two countries, it is impossible to mistake the conversations of those ministers for a discharge of such a debt to the good faith and reasonable expectations of the United States.— Besides that they were mere conversations in a case requiring the precision and respect of a for- mal communication, it is certain that it was nei- ther understood by Mr. Pinkney, nor intended by Mr. Canning, that those conversations were so to be regarded. Mr. Pinkney is explicit on this point. And Mr. Canning himself, after declining to recapitulate in writing what he had verbally remarked, signified to Mr. Pinkney in a letter dated May 27th, that his observations on the subject would be more properly made thro' the successor of Mr. Erskine, who was about to proceed to the United States.
With respect to the instructions on this point, given to Mr. Erskine, it may be sufficient to re- mark, that they were never carried into execu- tion; but it may be asked, whether it was a mark of friendly respect to the United States to employ for such a purpose a minister from whom his government had thought proper publicly to withdraw its confidence, and to the peculiar de- licacy and embarrassment of whose situation you have yourself referred, as accounting for his not having executed the task imposed upon him.
I must here repeat, what was suggested in my former letter, that the successor of Mr. Erskine is the proper functionary for a proper explanation. Nor can I perceive the force of your remark, that the delay incident to your arrival in the U- nited States rendered it more consistent with the friendly sentiments of his majesty to prefer the other channels for communicating the motives for his disavowal. To your own reconsideration I appeal, whether the course most consonant to those friendly sentiments was not the obvious one of employing this new organ, guarding at the same time against any misconstruction of the delay by apprizing the American government through its minister of the cause of it. The supposition, that the delay incident to your mis- sion gave rise to the conversation of Mr. Can- ning and Mr. Pinkney, is not reconcilable to the correspondence of the latter, which contains no such indication. On the contrary it distinct- ly shews that he was apprised of the intention to replace Mr. Erskine by a successor, whom he regarded as the proper channel for the explana- tory communications, that he understood Mr. Canning to be under the same impression, and that he learned from yourself, not more than two days after his conversations with Mr. Canning, that you were to sail for the United States within three weeks.
Although it may not have been your intention to have given to the subject a posture which it would not have naturally assumed, yet such has been the tendency of some of your remarks, and particularly of the conclusion you have drawn from the two circumstances—1st. That no trace of complaint from this government against the disavowal appears in the records of the British mission, or was distinctly announced by me in our conferences, and 2d. that from the official correspondence of Mr. Erskine with his gov- ernment, it appears, that although he did not communicate in extenso his original instructions, he submitted to me the three conditions, therein specified and received my observations on each.
If there be no trace of complaint against the disavowal in the archives of the mission, it is because this government could not have entered such a complaint before the reasons of the disa- vowal had been explained, and especially as the explanations were justly and confidently expect- ed through the new functionary. And as to the supposed reserve on my part on this subject in our several conferences, I did imagine that my re- peated intimations to you of the necessity of sat- isfactory explanations, as to the disavowal, were sufficient indications of this government with re- spect to the disavowal itself.
The stress you have laid on what you have been pleased to state as to the substitution of the terms finally agreed on, for the terms first pro- posed, has excited no small degree of surprise. Certain it is, that your predecessor did present for my consideration the three conditions which now appear in the printed document—that he was disposed to urge them more than the nature of two of them (both palpably inadmissible and one more than merely inadmissible) could per- mit, and that on finding his first proposals un- successful, the more reasonable terms comprized in the arrangement respecting the orders in coun- cil were adopted. And what, sir, is there in this to countenance the conclusion you have drawn in favor of the right of his Britannic majesty to disavow the proceeding? Is any thing more common in public negotiations than to begin with a higher demand, and, that failing, to de- scend to a lower? To have, if not two sets of instructions, two, or more than two grades of propositions in the same set of instructions, to begin with what is most desirable and to end with what is found to be admissible in case the more desirable should not be attainable. This must be obvious to every understanding, and it is confirmed by universal experience.
What were the real and entire instructions given to your predecessor is a question essentially between him and his government. That he had or at least, that he believed he had sufficient au- thority to conclude the arrangement his formal assurances, during our discussions, were such as to leave no room to doubt. His subsequent let- ter of the 15th of June renewing his assurance to me "that the terms of the agreement so hap- pily concluded by the recent negotiation will be strictly fulfilled on the part of his majes- ty," is an evident indication of what his impres- sions have been since the disavowal. I must take the liberty of referring you to the annexed extracts [See C.] from his official letters of the 31st July and of the 14th of August.
The declaration "that the despatches from Mr. Canning to Mr. Erskine of the 23d Janu- ary are the only despatches by which the conditions were prescribed to Mr. Erskine for the conclu- sion of an arrangement on the matter to which it relates" is now for the first time made to this government. And I need hardly add, that if that dispatch had been communicated at the time of the arrangement, or if it had been known that the propositions contained in it and which were at first presented by Mr. Erskine, were the only ones, on which he was authorised to make an ar- rangement, the arrangement would not have been made.
As you have disclaimed any authority to offer explanations for the disavowal, as you have been willing to ascribe the want of such authority to the consideration that other channels had been preferred, and as you have even considered the circumstances under which the arrangements took place to be such as could only lead to a dis- avowal, and therefore as superceding the necessi- ty of any explanation whatever, it is to be re- gretted that you had not deemed it proper to ren- der precise and explicit, that part of your letter which seems to imply that you had in our con- versations, in relation to the affair of the Ches- apeake, following the words of your instructions, held out not only the manner in which the re- paration had been accepted, but even the form in which it had been rendered, as warranting his majesty in even retracting the offer of reparation and that you had elucidated the observation by a reference to the particular expressions which, at all events put it totally out of his power to con- firm any act containing them.
Whatever may have been your intentions in this part of our conversation, or whatever may be the import of the passage to which I have just alluded, I have now the honor of signifying to you, that I am authorised to receive in a pro- per form whatever explicit explanations you may chuse to make, with respect to the grounds of this part of the disavowal; and without enquir- ing whether your authority be derived from in- structions that have been addressed to yourself, or that have devolved on you as the successor of the minister who had declined to execute them.
As you have at the same time, been pleased to say that his Britannic majesty had authorised you to renew the offer of satisfaction which Mr. Erskine was instructed to make, it was also nat- urally expected that you would in your letter have stated with precision in what that offer dif- fered from the reparation solemnly tendered by Mr. Erskine and accepted by the United States, and that you would have shown in what the re- paration tendered differed from his instructions. And when I had the honor to intimate that in order to avoid the misconceptions, inci- dent to oral proceedings, it was thought exped- ient that our further discussions on the present occasion should be in the written form there was no part of the subject to which that intimation applied with more force than the case of the Ches- apeake; none on which it was more desirable to avoid misconceptions and to obtain a precise knowledge of the propositions which you were authorised to make; not only because I did not really understand the particulars of the offer as distinctly as you seem to have supposed, but al- so because, on that point and on that point alone, you had expressly stated that you had proposi- tions to make, and that you were authorised to carry them into immediate execution.
On the subject of the orders in council, the president perceives with sentiments of deep re- gret, that your instructions contemplate neither an explanation of the refusal of your govern- ment to fulfil the arrangement of that branch of the existing differences, nor the substitution of any other plan of adjustment, nor any authority to conclude any agreement on that subject; but merely to receive and discuss proposals, that might be made to you on the part of the United States; and these, it appears, must include a stipulation on the part of the U. States to relin- quish the trade with the enemy's colonies even in branches not hitherto interrupted by British orders for capture, and also a sanction to the en- forcing of an act of congress by the British navy.
Were the way properly opened for formal propositions from this government, a known determination on the part of his Britannic ma- jesty to adhere to such extraordinary pretensi- ons would preclude the hope of success in such advances, whether regard be had to the conditions themselves, or to the disposition they in- dicate, in return for the conciliatory temper which has been evinced by the United States.
As to the demand in relation to the colonial trade, it has been the less apprehended, as it is not in itself connected, nor has it ever before been brought into connexion, either with the case of the orders in council, or with that of the Chesapeake. And it was reasonable to pre- sume, if the ideas of such a condition had in the first instance proceeded from the erroneous be- lief that it was not objectionable to the United States that it would not have been persisted in after that error had been ascertained and ac- knowledged.
The other demand could still less have been apprehended. Besides the inevitable and incal- culable abuses incident to such a license to for- eign cruizers, the stipulation would touch one of those vital principles of sovereignty, which no nation ought to have been expected to im- pair. For where would be the difference in principle between authorising a foreign gov- ernment to execute and authorising it to make laws for us? Nor ought it to be supposed that the fashions and precautions of a law of the United States, in the cases of the prohibited trade in question would prove efficacious for its purposes.
Had none of those obstacles presented them- selves to the course corresponding with the ren-
timents and dispositions of the president, I should have felt great pleasure in giving you formal assurances of his readiness to execute the conditional authority with which he is invested for restoring in its full extent, as far as it may depend on the United States, the commercial intercourse of the two countries, and that he would moreover, be disposed to extend the ex- periment of a friendly negotiation to every point of difference and of mutual interest be- tween them. If indeed in the event of a suc- cessful termination of what relates to the case of the Chesapeake, it be thought that a removal of the difficulties arising from the orders in council might be facilitated by comprehending them in a general negotiation and the operati- on of the orders can in the mean time be sus- pended, the door might be considered as imme- diately open to that course of proceeding.
To such a suspension no reasonable objection can be made, if, as you have stated, the orders in council as now modified leave the trade of the United States nearly as great as it would be without the existence of such orders, so long as France and the other powers shall continue their decrees, and in as much as a discontinu- ance of their decrees by those powers confess- edly requires an immediate revocation of the orders in council.
That a suspension of the orders with a view to their being brought into a general negotia- tion is more reasonable than a temporary sub- mission to their authority, by the United States with that view, is obvious from the reflection that such a submission would necessarily in- volve the principle which they have steadfastly asserted, whereas a discontinuance of the ord- ers in council in the present actual state of things would not be incompatible with the principle on which they were originally foun- ded.
This principle was, as you well know, the necessity of retaliating, through neutrals, injuries received through a violation of their rights by another belligerent. In the actual state of things, and under the actual modifica- tion of the orders in council produced by it, it is admitted by you, that the orders have no practical effect in abridging the commerce of neutrals, and can of course have no retaliating effect on the other belligerents.
Although it cannot be allowed to be true that the orders in council are no longer inju- rious to the commerce of the United States, it is certainly true that they produce no degree of injury to the enemies of Great Britain that can countenance the retaliating plea alledged in support of them.
What, permit me to ask, is the degree of in- jury actually accruing to the enemies of Great Britain from her retaining orders? Accord- ing to those orders, as now modified, and more especially taking into view along with them, the prohibitory law of this country in relation to France, the essential difference between their repeal and their existence consists in this—that in the case of their repeal, as pledged in the arrangement of April, the trade of the United States might be carried on directly with the ports of Holland, whilst during their existence, as at present, it is to be carried on through the contiguous and neighbouring ports. To your own calculations, sir, I submit, whether the in- considerable effect of this circuit on the prices of Holland and in the countries supplied thro' her, can any longer sustain the plea of inflicting distress on an enemy, or palliate the inju- ries done to a friend by a proceeding so contrary to his sentiments of justice, and which subject his regular commerce not only to inconvenient channels, but to all the abuses which may result from the sus- picions, real or pretended, of interested cruizers. You cannot but be sensible, that a perseverance under such circumstances in a system, which cannot longer be explained by its avowed object, would force an ex- planation by some object not avowed.— What object might be considered as best explaining it, is an enquiry to which I do not permit myself to enter further than to remark, that in relation to the United States it must be an illegitimate object.
It remains to make a few observations which are due to the just interests of the United States, and which are invited by yours relating to the order in council of May last.
You seem to consider that measure as comprising the utmost precaution that was in the power of his Britannic majesty to take, for preventing losses, from his disa- vowal of the engagement of your prede- cessor, to citizens of the United States, who had resumed their commercial pur- suits on the faith of that act.
Without entering into a full view of the inadequacy of the order in that respect, I take the liberty of pointing out the follow- ing instances in which it falls essentially short of its declared intention.
The order does not provide for the im- portant case of vessels returning with car- goes from the ports of Holland.
2. The exemption from interruption of vessels bound from the United States to Holland was restricted by that order to such as should have departed prior to the 20th of July, at which date it is not certain that the order, which was not officially communicated until the 31st of that month, had even reached any one point of the U.

States. So that some vessels may have sailed between the limited date and the arrival of the order in the United States, and many from distant ports must have done so after its arrival, but before a knowledge of it had become general; all proceeding on the faith of the arrangement, yet all left by the order exposed to capture and condemnation.
3. The order does not provide for the important case of vessels, which had sailed on the like faith for Dutch ports other than those of Holland.
4th. It does not include in its provisions the extensive lists of vessels going indirectly from the United States, but directly from Foreign ports to those of Holland; nor vessels trading entirely from foreign parts to Holland; and in both these instances proceeding on the faith of the arrangement professed to be respected within the defined period.
It is true, in these last instances the vessels were not to be captured without an attempt, after contrary warning, to proceed to those ports. But I need not remind you that the injuries incident to the delay and to the breaking up of such voyages cannot but have been considerable, and will have resulted as manifestly from the disappointed faith in the arrangement as in the cases especially provided for, and consequently with all other losses fairly resulting from the same bona fide confidence in that act, they will fall within the just indemnification for which the principle, assumed in order, as a formal pledge.
I conclude, sir, with pressing upon your candid attention that the least which the president could have looked for in consequence of the disavowal of a transaction such as was concluded by your predecessor and carried faithfully into effect by this government, was an explanation from a yours of the disavowal, not through the minister disavowed, but through the successor—an explanation founded on reasons strong and solid in themselves, and presented, neither verbally, nor vaguely, but in a form comporting with the occasion, and with the respect due to the good character and to the good faith of the disappointed party—that it has been found with much concern and with no less surprise, that you are charged with no such explanations—that you have apparently wished to bring the subjects, which have been formally and definitively arranged into a fresh negotiation; as if no such arrangement had taken place; that one of the causes thus slighted, viz. that of the frigate Chesapeake, is a case for which reparation, not denied to be due, had been previously solong withheld, or rather in which the aggression itself had been spun out, to the present moment, by the continued detention of the mariners, whose seizure, making a part of the original hostility, committed against the American frigate must be regarded in a light analogous to a continued detention of the ship itself; that in the other case, viz. that of the orders in council, you are not authorised to tender explanations for the disavowal, or to propose any new arrangement, nor to conclude any agreement but solely to receive and discuss propositions which might be made to you, not concealing at the same time, that to be satisfactory they must include two conditions, both inadmissible, one altogether irrelevant to the subject, and the other requiring nothing less than a surrender of an unalterable function of the national sovereignty.
Notwithstanding these repulsive considerations, such is the disposition of the President to facilitate a final and comprehensive accommodation between the two nations, that he is ready, as I have already had the honor of signifying to you, to favour any mode of bringing about so happy an event that may be found consistent with the honour and the essential interests of the United States.
I have the honor to be, &c. (Signed) R. SMITH. The honourable Francis James Jackson, Esq. &c. &c. &c.
(A) Extract of a letter from Mr. Pinkney to Mr. Canning, dated London, Oct. 10th, 1808.
"At our first interview (on the 29th June) verbal communication was not discountenanced, but commanded: For, after I had made myself understood as to the purpose for which the interview had been requested, you asked me if I thought of taking a more formal course, but immediately added that you presumed I did not, or that the course I had adopted was well suited to the occasion. My reply was, in substance, that the freedom of conversation was better adapted to our subject and more likely to conduct us to an advantageous conclusion, than the constraint and formality of written intercourse, and that I had not intended to present a note. At the second interview (on the 22d July) it did
not occur to me that I had any reason to conclude, and certainly I did not conclude, that verbal communication had not continued to be acceptable as a preparatory course, and it was not until the third interview (on the 29th July) that it was rejected as inadmissible."
(B) [Extract.] From Mr. Canning to Mr. Pinkney, dated Nov. 22d, 1809.
"It is highly improbable that I did not (as you say I did not) assign to you as the motive of the wish which I then expressed, my persuasion, that written communications are less liable to mistake than verbal ones: because that consideration is sufficiently obvious, and because the whole course and practice of office is in that respect so established and invariable, that I could not have supposed the assignment of any specific motive to be necessary to account for my requiring a written statement of your proposals previous to my returning an official answer to them."
"I had taken for granted all along that such would, and such must, be the ultimate proceeding on your part, however you might wish to prepare the way for it by preliminary conversations."
(C) Extract of a letter from Mr. Erskine to Mr. Smith, dated Washington, July 21st, 1809.
"Neither the present time nor the occasion will afford me a favorable 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 U. States."
From the same to the same, dated August 14th, 1809.
"Under these circumstances, therefore, finding that I could not obtain the recognitions specified in Mr. Canning's dispatch of the 23d January, which formed but one part of his instructions to me in the formal manner required, I considered that it would be in vain to lay before the government of the United States the dispatch in question, which I was at liberty to have done in extenso had I thought proper. But as I had such strong grounds for believing that the objects of his majesty's government could be attained, though in a different manner, and the spirit, at least of my several letters of instruction be fully complied with, I felt a thorough conviction upon my mind, that I should be acting in conformity with his majesty's wishes, and accordingly concluded the late provisional agreement on his majesty's behalf with the government of the United States."
"The disavowal by his majesty is a painful proof to me that I had formed an erroneous judgment of his majesty's views and the intention of my instructions; and I have most severely to lament that an act of mine, though unintentionally, should produce any embarrassment in the relations between the two countries."
[The correspondence between the Secretary of State and Mr. Jackson will be concluded in our next.]
The Gazette. Wilmington, December 6, 1809.
The Senate of the United States, from a sincere desire of showing their respect to the memory of the Hon. Samuel White, deceased, have unanimously resolved to go in mourning for him one month, by the usual mode of wearing a crape round the left arm.
FOR THE GAZETTE. Decasio non negligenda.
MR. JONES, AS there have been several attempts in the state of Delaware to procure the adoption of the reference law, permit me, through the medium of your paper, to observe to the gentlemen advocates of that system, (which I hope they will have the satisfaction ere long to carry into effect,) that the most essential point to which they ought to bend their attention is the right of appeal. This, gentlemen, you will observe among other things, is creating some stir with the advocates of the measure in Pennsylvania. Unfortunately for the people of that state, the bill has been drafted by very imperfect legislators, which circumstance ought also to excite your serious attention here.
If I recollect perfectly, the author of "Samson against the Philistines" has overlooked this point. I cannot omit in this place (though I hold in high estimation, in
many respects, both the author and pamphlet) that there are some very important omissions in that valuable and ingenious work; and to the best of my memory, the one now alluded to. The right of appeal, I view differently from many of the writers in Pennsylvania. I would certainly in this case admit of appeal on the following conditions, viz: That the party dissatisfied with the first decision may have a second or third reference, by paying all costs incident thereto, but in no case admit of an appeal to court, as it would most certainly augment litigation, and destroy the very intentions of the law. We all know "Omne principium grave;" yet 'tis certain, 'tis an easy thing to succeed, when business is rightly begun.
But, if attention is wanted in the first instance, ten to one if the whole is not lost (however pure) from want of this requisite. Gentlemen, you will consider maturely the above observations, as I hope the time is not far distant when you will most completely enjoy the benefits of this wholesome law. I would also refer you the publications in a late Aurora, relative to this point.
A FRIEND.
Congress.—Except the usual business of forming standing committees, &c. the following are the only important matters that have yet been transacted in Congress:
Mr. Macon, after some observations, submitted two resolutions. One was to exclude all vessels from the ports of the United States, which may come from ports where American vessels are prohibited; the other was in substance the same as the one he offered the last session, but was not then acted upon. That new registers should be granted to all American vessels which may have lost the same; and that for the future no sea letter or other custom house document should be granted to any vessel not built in the United States and owned by citizens thereof. Referred to the committee of commerce and manufactures, to report by bill or otherwise.
Mr. Dana offered a resolution (the same as he offered the last session) that no vessel should be considered as a vessel of the United States, unless a certain portion of her seamen were citizens of the United States. Referred to the committee of commerce and manufactures, to report by bill or otherwise.
The House then resolved itself into a committee of the whole on the state of the nation. Mr. Macon in the chair.
Mr. Eppes offered the following resolutions, which were adopted by the committee and reported to the house:
Resolved, That so much of the message of the president of the United States, as respects the relations of the United States, with foreign nations, be referred to a select committee.
Resolved, That so much of the message of the president of the United States, as relates to the revision of penalties involuntarily incurred, by the infraction of laws respecting commerce, between the United States and Great Britain and France, and their dependencies, be referred to the committee of commerce and manufactures.
Resolved, That so much of the message of the president of the United States, as relates to the abuse of the flag of the United States, by collusive prostitution, be referred to the committee of commerce and manufactures.
Resolved, That so much of the message of the president of the United States, as relates to the naval establishment of the United States, be referred to a select committee.
Resolved, That so much of the message of the president of the United States, as relates to the military establishment of the United States, be referred to a select committee.
Resolved, That so much of the message of the president of the United States, as relates to the organization of the militia of the United States, be referred to a select committee.
Resolved, That so much of the message of the president of the United States, as relates to the finances of the United States, be referred to the committee of ways and means.
Resolved, That so much of the message of the president of the United States, as relates to the fortifications of the ports and harbours of the United States, be referred to a select committee.
The resolutions were read and concurred in by the House.
LATEST FROM EUROPE. By the New Packet, capt. Trot—London dates to October 21.
LONDON, October 21. We have never entertained any doubts of the authenticity of the intelligence received from Holland, of peace having been signed between Austria and France—if we had any, they would be removed by the Amsterdam Gazette extraordinary of the 11th, which has just been received, and which communicates the intelligence in the following manner:
(TRANSLATION.)
"Amsterdam Courant Extraordinary.
AMSTERDAM, Oct. 11. "We hasten to communicate to our respected readers that the burgomaster of this city received, early in the morning of this day, a letter from his excellency the minister of war, dated from Loo, containing an official notification that the peace, between France & Austria, was signed on the 3d of this month."
"The above important intelligence, is now, without loss of time, announced to the citizens by the firing of cannon on the city walls, the
ringing of the bells, and the playing on the chimes."
"We sincerely congratulate our readers on the news so interesting to humanity, and hope that it will soon be followed by a general peace."
Still we remain without any further account of terms of peace, except that they are most humiliating to Austria.
Spanish papers arrived this morning to the 27th ult. Their contents would have afforded us pleasure, had we reason to believe that Bonaparte would remain occupied on the banks of the Danube. But the moment he has finished his business with Austria, will be the signal for marching against Spain, and for overwhelming her with his numerous legions. Short will be the interval between his quitting the banks of the Danube and his appearing on the declivities of the Pyrenees. He will lose no time in dallying at Paris. He is none of those souls that like to unbend themselves after war in the pleasures of a capital, or in the enjoyments of home or kindred. For him there is no home—for him peace has no joys, and tranquility no charms. The termination of one war is but the prelude to the commencement of a new one, and having trodden upon the neck of Austria, he will fly with all the activity of his nature to rivet his yoke upon the neck of Spain. The golden opportunity which the Austrian war afforded has been lost—from what causes, whether from the tardiness of the Spanish character, or the imbecility of the Spanish Junta, or the adoption of an improper system, it were now useless to enquire, and unavailing to lament.
Letters from Gibraltar state that the Marquis Wellesley had made a spirited remonstrance to the supreme junta, on the insufficiency of their measures to resist the subjugation of Spain.
A letter from Gibraltar says—"The utmost discontent against the present government prevails throughout Spain, and the Junta are so apprehensive of an insurrection at Seville, that they have ordered ten thousand men there from the armies, to protect their persons. Marquis Wellesley attends the supreme junta twice and thrice a day: but there is reason to suppose that he is justly dissatisfied with their conduct."
The Marquis Wellesley will certainly be recalled from Spain, to fill one of the departments of government.
At present the following are the cabinet ministers—Rt. hon. Spencer Percival, is first lord of the treasury, (a) and chancellor of the exchequer—lord Bathurst, secretary of state for foreign affairs, (b)—Rt. hon. Robert Dundas Saunders, secretary of the war department, (c) Rt. hon. Charles York, secretary at war, (d)—the other ministers retain their seals.
(a) In the room of the duke of Portland—(b) in the room of Mr. Canning—(c) in the room of lord Castlereagh—(d) vice lord Gowen.
An order has been issued at Cadiz by the Spanish government, allowing all vessels who bring cargoes of rice, flour, and provisions, to export specie.
The trial at Augusta, Maine, of persons concerned in the murder of the unfortunate Chadwick, has contrary to general expectation, eventuated in their acquittal.
As distiller in Copenhagen has lately published an account stating that having several times distilled brandy or gin from wheat steeped in salt water, he constantly obtained nearly 2-27ths more spirits than from an equal quantity of wheat not so steeped.
SPANISH AMERICA.
Late accounts from Carthagena state, that the province of Quito had declared itself independent of Spain, and had chosen its junta.—Troops were marching against Quito from the other Spanish provinces, to reduce it to obedience to Ferdinand 7th.
DIED—At his late seat in Wayne county, on Wednesday the 15th inst. Gen. Daniel Broadhead, aged 73 years. He served with great reputation as a colonel in our revolutionary war, and for a number of years as surveyor general of the commonwealth of Pennsylvania. His services will be gratefully remembered by the American patriot, long after his earthly frame is reduced to dust and ashes.
—, in Portsmouth, New-Hampshire, Charles Chauncy, esq. aged 81 years.
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 Lages, Sewing and Seine Twine, warranted equal to any imported, for sale by
John Hedges. Dec. 6, 1809. 6m

Take Notice.
WAS taken up on suspicion of being a runaway, and now confined in the jail at Chester County, Pennsylvania, a Black Man, who calls himself Shadrack Macklin , 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. 28, 1809. 4t
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. w4t
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 Shanton. 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
Stop the thief.
25 DOLLARS REWARD.
STOLEN out of the stable of the subscriber, living in Nottingham, Cecil County, Maryland, on the night of the 15th inst. a bright BAY MARE, with white face and hind legs, dark mane and tail; is a natural pacer, trots hard when in haste, moves awkwardly, not being well broke to the rein, shod all round, and is somewhat chafed by working in the waggon. Whoever takes up said mare, and secures the thief, shall receive the above reward, or twenty dollars for the mare if brought home, with reasonable charges.
Ell Haines, (Potter.)
N. B. The above mare is remarkable for carrying her tail to one side. 11th mo. (Nov.) 23, 1809. 4t.
For Sale,
AN excellent MILCH COW. For particulars enquire of the subscriber, at Brandywine Mills.
James Jefferis.
Nov. 13, 1809. 4t
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 23rd 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 shew the property, if called on.
New Castle, 15th Nov 1m
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.
BREWING.
THE subscriber having commenced Brewing for the season, begs leave to inform his Town and Country Customers that he has STRONG & TABLE BEER of an excellent quality constantly on hand, which he will dispose of at the usual prices. All orders will be promptly attended to.
Joseph B. Shipley,
Wilmington, Nov. 1, 1809.
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 Murderkill Creek, in Kent county.
Walter Douglass.
Martinton Mills, Nov. 4, 1809. tf
NOW DRAWING.
Baltimore College Grand Lottery
IT commenced on Monday the 6th November—Days of drawing, Monday, Wednesday, and Friday, in every week—500 tickets to be drawn each day, and on no account whatever will it be delayed one single day.
It contains the following capital prizes.
 2 of $20,000... 40 000 doll.  3 10,000.... 30,000  5 5,000.... 15,000  2 2,500.... 5,000  10 1,000.... 10,000 
And not two Blanks to a Prize.—Tickets, at Twelve Dollars each, may be had at G. & R. WAFFE'S truly-fortunate Lottery Office, corner of Charles and Market streets; where was sold, in the late Baltimore Lotteries.
No. 6074....30,000 doll.
15561....15,000
7001....10,000
5865....5,000
6077....5,000
And several other capital prizes to a very large amount.
The two twenty thousands, two of the ten thousands, and two of the five thousand dollar prizes are not stationary, and are liable to be drawn early.
The inhabitants of WILMINGTON and its vicinity are assured that by sending their orders to G. & R. Waite in Baltimore, per mail, and enclosing the cash, they will be punctually attended to; and at the close of the drawing advice will be sent them of the fate of their Tickets. For their further accommodation, half, quarter, and eighth parts of Tickets may be had at the same proportion, in price, of whole Tickets.
November 11, 1809. w4t.
Wilmington College Lottery.
THE seventh day's drawing will take place on Wednesday, the 6th of December next. At no stage of the lottery has there been an equal inducement to adventurers with the present. The chances for the highest prize has increased almost one third: and on the next day there will be a stationary prize of $150. The flattering prospects of gain, joined to the laudable object of the Lottery, it is confidently hoped will induce such sales of the remaining tickets as will enable the trustees speedily to complete the drawing—the price of tickets is now $5 50, and will be increased on the next day's drawing.
Let it be remembered that so great a prospect of gaining 5000, and at the same time promoting the prosperity of so valuable an institution for the small sum of $5 50, will sell dom if ever again occur!
October 14, 1809.
To Let,
And may be occupied after ten days notice, the following property—For terms inquire 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 criples of the North-West Branch of Duck Creek, at or near Mr. Edward Roberts's farm, in Thoroughfare Neck, Appoquinimink hundred, New-Castle county and state of Delaware.
John Fennemore,
John Taylor,
Thomas Emory.
Aug. 2. 2m
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. 33-t.
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 no unexceptionable moral characters.
By order of the Board,
ROBERT HAMILTON,
EBENEZER A. SMITH,
JOHN RUMSEY,
WILLIAM PRYCE,
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 Drowned Wife; the Vicar of Wakefield; Blair's Lectures; Goldsmith's Rome; Jess's Surveying; Jackson's Look-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 was 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 seafaring island, from queens 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, in the streets, to talk of ENGLAND'S HONOR; and, as they talked, their fiery souls were seen to glow more fiery still, and more deform. 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 ruffles and long tank cue, seems to give ground! then rising in their might, with fire strike eyes they press hard upon him, and coming in, hand and foot, with kick and cuff and many a hearty curse, they slew the GIGGLING crown, 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 embank the same.
David Stewart.
Port-Penn, Oct. 24, 1809. law.tf
Matthew Kean
INFO MS 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 seasonable 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, Exr.
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, corbeau, bottle green, grey, and dark mixed superfine cloths Marseilles quiltings  Cassimeres Fustias 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  Bevereens Cammel's hair shawls  7-8 and 4-4 Irish linens Checkered and striped linens  blue & yellow nankineens Damask shawls  Wide and narrow cotton cassimeres Russia & dowlass linens  Chintzes and calicoes Rattinees & bombarins  Cambric and common dimities Red & greenocking baize  Calimancoes Brown hollands  Durant and Jones' spinning Suspenders  Cotton and worsted hosiery Umbrellas & parasols  Colored, chambray, cambric, jackanet, mull-mull, India, British, book, gurrah, bafta, & 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 Christina, 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
Wilmington Turnpike Company
THE Stockholders of the Wilmington Turnpike Company are required to pay into the hands of the Treasurer, the sum of TEN DOLLARS on each share by the them held, on or before the eighth day of Twelfth Month next, in order to enable the President & Managers to comply with the 5th section of the Act of Incorporation. On payment thereof certificates of stock will be issued.
By order of the Board.
EDWARD GILPIN, Clerk.
11th Mo. (Nov.) 8, 1809. 9t