The New Hampshire gazette (Portsmouth [N.H.]), 1809-12-12 00:00:00

Glenn Ezra Packard Esq
[No. 2, — VOL. LV.]
TUESDAY, DECEMBER 12, 1809.
[TWO DOLLS. PER ANNUM.]
PORTSMOUTH: (NEW HAMPSHIRE) PUBLISHED BY W. WEEKS—PRINTER TO THE STATE, AND PRINTER OF THE LAWS OF THE UNITED STATES.
An additional Supply.
NEW
Fancy & Staple Goods.
Just received and for sale at
DRAPER'S
CHEAP CASH STORE,
A very extensive supply of Fancy and Staple Goods, among which are, Ladies and Misses beaver Bonnets, Variety baillone & other fancy Mullins Plain & figur'd lace Armlets & Gloves White and fancy habit Kid Gloves, White Swandown Trimming, 7/8 & 3/4 London dark plaid Ginghams, Rich Furniture Chintzes and Copper-plates, An elegant variety Italian plaid Lustrings,
A great variety plaid silk Chambrays, Plain and figured cotton Armlets, Fanny Velting; Italian sewing Silks, India black Lustrings and Satins, Italian black Crape, very best quality, A variety dome top Silk Buttons, a scarce article, Scarlet, fawn, slate, purple and black Tabby Velvets, Variety cotton Footings and Laces, Mill'd blue double loop worsted, for pantaloons, Bottle green, scarlet, maroon, purple and black Bombazetts, Black, blue, brown and grey mix superfine Broad Cloths, Superfine double mill'd blk Cassimeres 50 doz. ladies slate & blk worsted Hose 54 cotton Diapers & Diaper Towels, Black and color'd Florence Lustrings, Gents. Deerfkin and Beaver Gloves, Variety low priced Gingham's and Calicoes,
Bandanna & Madras Handkerchiefs, Cotton Slacks, fine Shirt Wires, Fine Bobbins, Black silk Cords; white Cotton do. Color'd and white Cotton Sewings, Fine Flannels, Kerseys, Coatings and Blankets. Bear, Sable, Elk, black Jenet & mock Sable Muffs and Tippets, Bear Tippets separate from Muffs, Bear Trimmings, A very large supply fine Shirting and low priced India Cottons, Madras Cotton for sheeting, Variety Kidderminster Carpeting, Venetian Stair do. &c. &c. &c. &c.
Will be received by the first Coaster from Boston, a further supply of NEW GOODS—which added to his Stock on hand makes a large and complete assortment. Nov. 21.
Sleigh Bells
Just received and for sale by NATHANIEL B. MARCH, AT HIS SHOP. BROAD STREET, 50 collars large size Sleigh Bells, 12 brass mounted Sleigh Harness. N B—Sleighs Lined and Trimmed at the shortest notice. Nov. 23.
Wm. Jones jr.
HAS this day received, 30 Packages fresh imported Piece GOODS,
comprising a very extensive assortment both Fashionable and Fancy—which will be sold by wholesale and retail at moderate prices. Oct. 31.
ARTICLES IN DEMAND. JUST RECEIVED, AND NOW OPENING AT
DRAPER'S
CHEAP CASH STORE,
Real superfine black, blue and grey mix BROAD CLOTHS. Black, dark olive, brown, mixt and drab CASSIMERES. 1 cafe 4/ & 2/ Irish Linens, of a superior fabrick. Oct. 24.
THE LAST WORDS, ON THIS SUBJECT!
THE Debtors to the late firm of PEIRCE & GARDNER are informed that after waiting eight months for them to call or send and settle their accounts, that they cannot think themselves ungenerously dealt by, should they find said accounts left in the hands of an Attorney by the 16th December, at which period filing will cease for the next court—The subscriber will attend at Cn's Peirce's Bookstore until said 16th December, in hopes to meet every delinquent and adjust every Account in friendship. NATH'L S. PEIRCE.
Portsmouth, November 21, 1809.
Now opening and for sale by
S. Goddard,
A general assortment of FANCY and STAPLE GOODS, AS FOLLOWS—VIZ.
BLUE brown, bottle green, black & mixt superfine and low priced Broad Cloths & Cassimeres. Coatings, Fearnoughts & Molekins, Flannels, Baizes, and Swandowns, Kerseys and Plains, Shalloons, Durants, Duroys, Calimancoes & Wildbores, of every color. Scarlet, maroon, slate, brown and olive Bombazetts, Maroon, fawn, bottle green, and brown Pelisse Cloths, Tabby & common Velvets, great variety Calicoes and fancy Ginghams, Emboss'd velvet Ribbands, Plain & figur'd satin and lustrine ditto Plain & figur'd spider net, leno, riddle guaze, feeded and jacomet Mullins, White and colored Cambrics, 1/4, 1/2 & 3/4 Shirting Cottons, Brown Linen; white ditto, Color'd and white Cotton Sewings, numbered from 8 to 80. Green and black Glass Buttons, Black, brown, slate and plum Florence Silks; black Bombazetts, A complete assortment of Hosiery, Assorted cloth and light Sewing Silks; black ditto. Light, blue and orange Sarfnets, Ladies and gents. black and white embroidered Silk Hose, Fancy Vestings, A complete assortment Rose Blankets, from 5/ to 42/.
A large supply India Cottons, Black India Sarfnets and Lustrings, Bandannas, &c. &c. &c. These with his former Stock he offers wholesale and retail on reasonable terms. October 31.
NEW GOODS.
Oliver Briard
Has just received a general assortment of FALL & WINTER GOODS; which he offers for sale cheap for cash, approved credit, or good Tow Cloth. Portsmouth. Oct. 31.
State of New Hampshire, Rockingham ss. To the Honorable the Justices of the Superior Court of Judicature, now sitting at Exeter, within and for said County, on the third Tuesday of September 1809.
HUMBLY REPRESENTS
RUTHA SCRIGGIN, wife of John Scriggin, of Newmarket, in the county of Rockingham, husbandman, that on the fourteenth day of March, 1792, she was lawfully married to the said John, that said John, that she has always behaved toward the said John, as became an affectionate and dutiful wife.—The said Rutha further represents that the said John has treated her on various occasions with extreme cruelty, and that to live any longer with him, would not only destroy her peace but endanger her life,—she therefore prays your honors to decree a divorce from the bonds of matrimony between her and the said John, and that you would allow her such alimony as you may think proper. RUTHA SCRIGGIN.
Rockingham ss.—
Superior Court, September Term, 1809. ORDERED by the court that the petitioner notify said John Scriggin to appear before the Justices of the Superior Court of Judicature, to be holden at Portsmouth within and for the county of Rockingham, on the first Tuesday of February next, to show cause if any he has, why the prayer of said petition should not be granted, by causing said petition and order of Court thereon to be published three weeks successively in the New Hampshire Gazette, the last publication whereof to be six weeks before said term. Augst. NATH'L ADAMS, Clerk.
NOTICE
IS hereby given to all persons indebted to or that have any demands against the Estate of JEREMIAH BERRY, late of Rye, in the county of Rockingham, deceased, to exhibit their accounts to the subscriber, who is appointed Executor to said BERRY's Will, for settlement. Joseph Parsons.
Rye December 4, 1809.
Tim o Upham,
HAS received a very large and complete assortment of Woolen, Cotton, and silk GOODS,
suited to the present and approaching season which he will dispose of, on the best terms for cash, or approved credit.
AMONG WHICH ARE. Real superfine and common black, navy blue, bottle green, drab, brown, dark mixed, and fashionable light mixed. Scarlet, bottle green, navy blue, drab, maroon and brown } Queens Cloths & Pelisse Flannels. Dark and light mixed, drab, brown, black } Cassimeres blue, buff and white. London Cords of a very superior quality for gentlemen's pantaloons. Devonshire Kerseys; Coatings; Bockings; Fearnoughts; Serges; Swandowns; Baizes; Flannels; some excellent Welsh mill'd do. Blankets of every size and quality. Ladies elegant worsted Cravats from 5/30 3/9. Knit Petticoats. Ladies and gentlemen's worsted, cotton and silk Hosiery. Ladies kid, beaver, silk, cotton and worsted Gloves; gentlemen's Gloves of every description; scarlet & crimson worsted Caps. Bird's eye and plain Bombazetts. Wildbores and Camblets. Shalloons; Durants; Duroys; Russells. Moreens and Calimancoes—Vestings. Nos 3 1-2, 4 and 4 1-2 Pins. White, colored and black cotton Cambrics. Silk, silk and cotton, and cotton Shawls. Ladies elegant turban silk Handkerchiefs. Silk and cotton Bandannas. Linen and cotton cambric pocket Hdkfs. A great variety of CALICOES, cheaper and better than ever he has been able to offer. Ginghams; Chambrays. Copperplates; Furniture Chintzes. Cambric and common Dimities. British Shirtings and India Cottons of every price and quality. English, and India black Lustrine. Black, green and light Taffeties. Black and colored English and India Satin, for cloaks, gowns and bonnets. Modes and Sarfnets. Brown Holland; Crapes; Mullins. Cotton damask Diapers; cotton Napkins. Linen damask Table Cloths. Umbrellas and Braces. Bed Fringe, Cord and Tassels. A great variety of plated, steel, gilt and twist Buttons. Black, fawn and maroon Tabby Velvets. Olive and black Velvets and Velvet Cords. A great variety of wide } Ribbons. narrow, figur'd & plain. Silk Cord; Silk and Twist. Thread Laces, Edgings & Footings; cotton do. Weaving, Knitting and Sewing Cottons. Cotton Checks and Bed Ticks, from the Providence Factories. Boxes and bails of cotton Sewings, of a very superior quality—Russia sheeting. Sable, Bear, Mock } Muffs & Tippets. Sable, Genet } Muffs & Tippets. Bear Tippets separate from the Muffs. Fur Trimmings. Dutch Looking Glasses; dressing and pocket ditto—Pocket Books and Puffs. Windsor Ceylon, palm & rose Silks, &c. &c. 20 bags Coffee, few bales of Cotton, and a few pounds of Nutmegs—being articles out of his line, will be sold very low—Also— 300 kegs & 20 bbls Butter, on a liberal credit. Nov. 7.
School & Classical Books.
OF almost every description, such as are used in the Academy in this town, and are generally used in all other Seminaries. As his assortment is so extensive, it will be unnecessary to particularize the names of the Books in a newspaper—he only requests those in want, to call and see for themselves, how well and how cheap they can be furnished without being at the trouble of sending to Philadelphia, as C. PEIRCE will engage to supply books as cheap, as well printed and as well bound, as can be purchased at any store in the United States. C. PEIRCE has just received a large assortment of Greenough & Stebbins' edition of the SCHOOL BIBLE, which is the best ever printed in America.—He also has a great variety of large Family BIBLES. An extensive assortment of SINGING BOOKS. Such as Village Harmony; Northern Harmony; Christian Harmony; Columbian Harmony; Harmony of Harmony; Essex Harmony, & a great many other Harmonies. Also—The Lock Hospital Collection—Worcester Collection; Beauties of Church Music; Worshiper's Assistant; Christian Harmonist; Columbian Repository; Farmer's Evening Entertainment; the Musical Magazine; American Musical Primer; Instrumental Assistant and Preceptor; Village Fifer; Fifer's Companion, etc. etc. Also— A large assortment of BASS VIOL and VIOLIN STRINGS. Dec. 5.
Jeremy L. Crofts,
SPRING-HILL—Has just received and for sale
20 barrels New FLOUR,
10 half do do do.
Also—a general assortment of
W. I. Goods and Groceries
as usual, cheap for Cash. Nov. 28.
More New Goods.
Just received and this day opening at
DRAPER'S
CHEAP CASH STORE, A very extensive and complete assortment of English, India and French PIECE GOODS,
AMONG WHICH ARE
A N elegant variety tam bor'd, purl, sprig'd and dotted Leno; tambor'd, lace net, bird's eye, clutter'd, and seeded cambric Mullins. A large assortment fancy Ginghams, a new article. Hamilton Cords, and light plaid Ginghams. 1/4 & 3/8 white Cambrics, Very nice 1/4 dark plaid Ginghams, Fawn, black, slate and brown twill'd Cambrics, Silver'd grey, fawn, mulberry and black Florence Lustrings. Long white Kid & Limerick Gloves, Long black Kid Gloves, Black, white & fancy kid habit do. Plain & plaid broad lustrine Ribbons, Blk. white & color'd silk habit Gloves, Cambric and common Dimities, White Merelles Quiltings, Variety fancy Velting, India black Lustrine, Black, white and colored Crapes, Black Canton Crape, Color'd and black silk Velvet, Rich Furniture Chintzes, Blue and white, and red Copperplates, Cheap light and dark Ginghams, Color'd and black Tabby Velvets, Variety of printed 1/4 Cambrics, 1/4 damask and twill'd cotton Shawls, 1/4, 1/2 & 3/4 black Cambrics, A handsome variety of fine and low priced Calicoes, White, green, pink, blue & buff Sarfnets. Silk and cotton Chambrays, Jacomet and book Mullins, Best Italian Sewing Silks, Damask cotton Diapers, 1/4, 1/2 & 3/4 British Shirting Cottons, Cotton and linen brown Holland, Ladies slate and black worsted Hose, Ladies and gentlemen's Silk Hose, Black, dark green, purple, brown and scarlet Bombazetts, 1/4 & 3/8 dark green, brown, fawn, slate, maroon and black Pelisse Cloths, Drab, scarlet and slate Pelisse Flannels, Brown, dark green, drab, black and dark mix'd Cassimeres, 1000 Cap Patterns, fr. 7d to 2/3 ps. 1000 Habit Hdkfs. from 1/6 to 2/6, Silk and cotton Umbrellas, Straw Hats and Bonnets, Gents. Beaver and low priced Hats, Dark Satinets Velvets & Thicksets. Drab Kerseys, Plains, Serges, Fearnoughts, Coatings, Molekins, Swandowns and low priced Broad Cloths, Baizes and Flannels, fine Shirtings & low priced India Cottons. 5, 6, 7, 8, 9, 10 & 12/ Rose Blankets, A great variety of Sable, Bear, Elk, black Jenet, and mock Sable Muffs and Tippets. Bear and mock Sable Tippets separate from Muffs. A handsome variety of Kidderminster Floor and Stair Carpetings, India Hearth Rugs, &c. &c. &c. Providence Factory. Bed Ticks, Shirtings, Sheetings, Checks, Stripes, and 2 and 3 thread Yarn. October 24.
Wm. Jones jr.
Has this day received and now opening an additional supply of fresh imported Piece
GOODS,
Among which are,
RICH black Satins, from 8/6 to 13/6; Blk Modes; Maroon, bottle green, brown, slate and lead Bombazetts; 54 plaid Italian Lustrings; best Fawn Double Florence ditto; India black ditto and Sarfnets; a few elegant London trim'd Beaver Bonnets; Cut Velvet Trimmings; Tabby Velvets, all colors; green, pink and blue Sarfnets; twill'd Cotton Bandannoes; twill'd and flag Silk Hdkfs; Womens color'd worsted Hose from 3/9 to 9/; Dome-top Silk Coat Buttons; India Mull-dot Mullins; black Canton Crapes; 44 London Ginghams; 64 fine Cambric Dimities. Best English black Sewing Silks; London Pins; Satinets; blk. blue, brown, drab and olive Broad Cloths; Coatings; 44 bottle green,
fawn and Maroon Ladies Cloths; mill'd fine Welsh Flannels; Mens Doe skin Gloves, very nice; fancy Vestings.
An elegant assortment Bear Muffs and Tippets from 15 to 28 Dollars; Bear trimmings; Bear Tippets from 24/ to 60/; 2 Cales Mens Hats from 18/ to 42/; large supply India Cottons. Kidderminster Carpetings; Venetian Stair ditto; Elegant Venetian Hearth Carpets &c. &c. Nov. 21, 1809.
Treasury Department,
March 28, 1809.
WHEREAS, in conformity with the provisions made by law, for the reimbursement of the Exchange Six per Cent Stock, created by the second section of the Act entitled "An Act supplementary to the act entitled an act making provision for the redemption of the whole of the public debt of the U. S." passed on the 11th day of February, 1807, it has been determined by law that the Certificates of said stock designated by the permanent numbers contained in the annexed Schedule, should be reimbursed on the first day of January next;
PUBLIC NOTICE IS therefore given to the proprietors of the Certificates of EXCHANGED SIX PER CENT Stock created by the act aforesaid, and bearing the permanent numbers contained in the annexed Schedule, that the principal of the same, will on surrender of the certificates, be paid on the first day of January 1810, to the respective Stockholders or their legal representatives, or attorneys duly constituted, either at the Treasury or at the Loan Office where the Stock thus to be reimbursed, may then stand credited to the proprietors thereof.
It is further made known for the information of the parties concerned, that no transfers of the Certificates of Exchanged Stock bearing the permanent numbers contained in the annexed Schedule, from the Books of the Treasury or of any Commissioner of Loans, will be allowed after the first day of December next. And the interest on all the Certificates contained in the said Schedule, will cease and determine on the day preceding the day hereby fixed for the reimbursement thereof. ALBERT GALLATIN, Secretary of the Treasury.
SCHEDULE.
 5 16201 39005 40349  7 16218 39006 40314  5017 16219 39041 40318  5018 16222 39044 40355  5021 16238 39045 40364  5022 16242 39053 40365  5023 16246 40001 40367  5032 16249 40005 40378  5039 16255 40011 40388  5045 16258 40021 40383  5046 16270 40023 40394  5056 16275 40027 40404  5061 16276 40030 40418  5064 16285 40036 40413  10001 16290 40040 40428  10007 16292 40043 40432  10009 16293 40049 40437  10014 26001 40073 40449  10023 26013 40098 40452  10033 27003 40107 40454  10036 29008 40113 40455  15004 29009 40120 40463  15008 29012 40128 40469  15009 29013 40131 40471  15012 29019 40139 40476  15019 29042 40141 40484  15026 29084 40142 40484  15029 29095 40148 40487  15037 29099 40165 40488  16010 29104 40160 40498  16011 29111 40170 40500  16012 29112 40176 40501  16020 29113 40181 40502  16023 29116 40185 40507  16026 29117 40188 40508  16052 29127 40193 40509  16055 29134 40194 40510  16056 29137 40197 40511  16060 29148 40201 50008  16061 29151 40202 51002  16063 29154 40207 53015  16064 29166 40220 53024  16076 29167 40221 53031  16077 29169 40235 53033  16088 29175 40241 53049  16091 29178 40252 53053  16107 29179 40256 54004  16130 29187 40260 54009  16131 29197 40262 54012  16139 29203 40271 55010  16154 29209 40273 55026  16158 29212 40275 55029  16168 29213 40279 55044  16171 29219 40286 55046  16175 29225 40289 55055  16177 29228 40302 55056  16183 29232 40309 55065  16184 29234 40310  16186 29239 40331  16200 29243 40337 
A society for promoting Agriculture and Manufactures has lately been formed in Hudson, N. Y.—By this article of association, "each member engages to clothe himself and family in home manufactures or manufactures of the U. S. as soon and as far as circumstances will permit."

From the National Intelligencer.
The paper denominated a "Circular," which Mr. Jackson, the British minister, has just uttered, is an appeal to the people of the United States from the decision of government. The fact is established by the complexion of the production, the statement of particulars in which was altogether unnecessary, if his object had merely been to notify the sub-agents of England resident in this country to address their communications to him at New York.
It is contrary to the law of nations and repugnant to the very nature of the diplomatic function, for a foreign envoy to plead, in his official character, the very merits of his cause before the citizens of the country wherein he resides. There can be no dispute as to the impropriety of addressing them in a direct or indirect form, in person or by "Circular," because he is prohibited by the attributes of his mission from associating them as a minister in any form. Mr. Jackson is the representative of the government of Great Britain to the government of the United States; and that is all he is. If he speaks to the American people in any other manner than through the Executive, which is the constitutional organ, he sets himself up as the rival of the Executive and is justly censurable. The transition from addressing the public to intriguing with the people against the government by which he is accredited, is easy; and the manifest tendency of his conduct in either case is to subvert the constituted authorities of the public. —If Mr. Jackson were a private man, he would have no right to controvert and denounce the acts of the president because he is an alien, and therefore not even a solitary unit, of the constituent part of the nation; much less is he justifiable, being a minister, in assuming that freedom, which belongs only to the citizen.
Would Mr. Jackson himself be willing to abide the consequences of an appeal thus made, admitting the worst that could, but which certainly will not happen? Supposing the community to be indignant at his behavior and excited to anger against him, would he be willing to meet the terrible judgment of the people whom he had made the arbiter of his actions? Would he be willing to encounter that spirit of vengeance which he had invited, and which, when roused, is awful as the thunder of Heaven, and overwhelming as the tumultuous wave of the ocean? Would he not require from that Executive magistrate whom he insults, protection; and would he not demand security and safe conduct in the name of those very laws of nations which he has outraged?
Mr. Jackson claims consideration as an envoy extraordinary and minister plenipotentiary: In that aspect he is entitled to various important exemptions from restraints, which are denied to private men. In return, he is himself subject to certain restrictions from which individuals are free; and if he breaks through them, he is as guilty in relation to the government as the government would be in relation to him, were it to infringe any of his privileges; for the rights of governments and those of ministers are mutual. The dissemination of Mr. Jackson's "circular" is a gross infraction of the obligations imposed upon him by the nature of his office.
The circulation of the paper in question by Mr. Jackson, even in MANUSCRIPT, was a publication of it. Its appearance in PRINT is only an aggravation of the original offence. The opposition gazette in which it came forth affords strong evidence in favor of the opinion that it went to the press immediately from himself, or mediately through some of his agents. In either case the misdemeanor is the same; for let the channels of communication to the public or to the printer have been what they may, the "circular" is the production of the honourable Francis J. Jackson.
This act of Mr. Jackson is more conspicuously obnoxious because it proceeds from the ambassador of a nation whose parliamentary history furnishes an exalted example of just resentment against a similar appeal, from the sovereign to the subjects of the British monarchy. It was Monsieur De Palm, the imperial resident at London, who affords an odious parallel to Mr. Jackson. Palm had caused a memorial, which he had previously presented to the British king, to be printed and circulated among the people of England; and this being considered by the parliament an unlawful interference on the part of a foreign envoy, the houses of Commons and of Lords passed several resolutions reprobating the conduct of Palm in very severe terms, "declaring their utmost abhorrence of this audacious manner of appealing to the people;" and voted an address to George the first, assuring him that the parliament would stand by and support him against the disturbers of the public tranquility, as well as against those who flattered
themselves with hopes "that an obstinate perseverance in their destructive measures could stagger the firmness of the British nation in the defence of their rights and privileges." The circumstances of this case will be found recorded in the Journals of the proceedings of the House of Commons for the year 1726, a period at which the English parliament was a more legitimate organ of the feelings and sentiments of their fellow subjects than at present. The Lords and Commons both viewed the case in its true light, the insult thus offered to the executive branch of the government, was, in reality, an insult to the whole empire, and every person who respected the constitution of the country was bound to repel it. The doctrine of ministerial appeals to the people has never been popular in the U. States. Genet tried the experiment, and met with nothing but indignant contempt from the citizens of America. HUME.
HON. RICHARD EVANS.
This gentleman has been a principal object of stigma and reproach to many federalists. His services in our State Legislature—the ardor with which he advocated the rights of the people and our republican institutions—his talent for investigating and exposing the motives and views of the federal privileged lawyers in this State—all had rendered him peculiarly odious to the leaders of this party; and the hot-heads in that body, as if by previous concert, represented him on their returns to their constituents as a lacking in talents and deficient in every qualification for public life. But his friends knew his worth and intrinsic merit; they knew him to be ardent in the cause of his country and to be one of the most able and eloquent of her advocates: they knew, too, that he had been persecuted by contumely and overbearing influence in certain cases in courts of law. His personal merit and his indefatigable industry induced Gov. LANGDON to nominate and in concurrence with the honorable Council to appoint him to an important station in the Judiciary of this State. For this act that patriot of our revolution was denounced—was traduced by every epithet which could reproach, and accused with every motive whose inference was base. Gov. Smith, on coming into office, as if endued with some power paramount to every other, undertook to say what ought to be the qualifications of a judge of the superior court—he ought to have studied law "twenty years," (for no other reason perhaps than because himself had been in the practice about that time) This was intended not only as a reflection upon Mr. Evans, who it was well known had never practised law, nor made it his study for twenty years: but to deteriorate the judgement of Gov. Langdon, and added the weight and sanction of the Governor of New Hampshire to the scandals heaped upon both Mr. Langdon and Mr. Evans in the Portsmouth Oracle, and reverberated in every federal paper in the State.
But, unfortunately for Governor Smith and the enemies of Judge Evans, a circuit of the superior court has been performed, and the people now can decide whether our bench ought to be filled exclusively by lawyers—by those who have spent twenty years in the study and practice of law: they can now say whether reason and experience in the common affairs of the world be not as necessary ingredients in a judge as the exclusive application to barbarous precedents, and musty books of other countries. Law is or ought to be founded in reason; and as there is scarcely no analogy between the manners and customs of different ages, so it is unreasonably that decisions should always be the same, even admitting those decisions had always been correct.
In each County of the State Judge Evans has more than realized the just expectations of his friends; his personal enemies (if they can be termed such, as in his individual private capacity he can have very few or none) are woefully disappointed—for his candor, patience and affability of investigation give a most admirable counterpart to their assertions; and those who have been imposed on by misinformation—who have been made to believe him "odious as a witch" are led to acknowledge their error, and admire the man, whose character wears brighter for having passed the fiery ordeal of defamation. We heard a respectable federalist in the county of Hillsborough express his regret that wrong impressions respecting Judge E. had generally obtained among that party. Having never seen him before he appeared on the bench in that country, he had heard and countenanced the many bad things said of him; but he was of opinion that his equanimity of temper, his talent for thorough investigation, and his readiness to do ample justice to all parties, would render him one of the best judicial officers ever in New Hampshire.— N H Patriot
HONORABLE EXCEPTIONS.
Extracts from federal papers. It is a consolation to observe that there are some federal editors who will not go the whole round of infamy in abuse of our own government and justification of British outrages. We are ever willing to give them credit as far as they deserve it. The following was the language of some of them on the first report of the rupture of negotiation with the British Minister.
Mr. Relf, in introducing the subject, observes—"In the character of the man who was selected to be the bearer of the renewed overtures the American people fancied they could perceive no pledge of sincerity or conciliation. Indeed the nomination of this offensive character to the mission of peace was by many deemed hostile in the highest degree." Again he says—"The determination of our government to close all intercourse with this insolent negotiator (Jackson) is strictly regular and manly. It will meet the undivided approbation of every reflecting mind; while the unwarrentable and indecorous conduct which provoked it will receive universal reprobation." He further observes—"The law of nations prescribes three modes of proceeding on these occasions—1st, we had the right to request the recall of Mr. Jackson—2d, to refuse all further communication with him
—3d, to order him to quit the territory of the United States—Mr. Madison very wisely adopted the middle and most temperate course."
Mr. Jackson, in his Political Register, after publishing the statement from the Intelligencer makes the following observations: "Viewing the statement as correct, we should consider it a dereliction of our duty not to express our approbation of the course which has been adopted by the administration, in refusing to receive any further communication from a foreign minister whose first act in his negotiation was to stigmatize the government with false and dishonorable proceedings—And much as we deprecate an increase of differences with any nation, or even a protraction of their adjustment, any result ought, in our opinion, to be preferred to the tolerance of such indecorum."
Mr. Elliot too, editor of the Freeman's Journal, honorably acquits himself on this subject. This may be Mr. Elliot's first gust, to be retracted at leisure—but is creditable so far as it goes—He says,
We long since assured the public that Mr. Erskine's instructions were not communicated to the Executive of the United States; in other words, that our Executive, when it entered into the arrangement with Mr. Erskine, did not know that he was unauthorized by his government to make such an arrangement. It now appears that the president in the late correspondence with Mr. Jackson has pledged himself to the British Government and to the world that such was the case, and has refused to hold further diplomatic intercourse with Mr. Jackson, in consequence of the repeated insinuations of that gentleman to the contrary. In this the President has conducted in a manner worthy of his own character and of the American name.
Invariably have we asserted that the President was sincerely desirous of an accommodation with England, and that such an accommodation would ultimately take place. We still continue of the same opinion.
The Editor of the New York Evening Post, who requires no other evidence to condemn the American government than that their measures are in collision with the interests and views of Britain, is perfectly at home in the following extract.
"The Rupture—I have more than slight grounds for believing that the National Intelligencer has wholly misstated the grounds of the rupture. I am much mistaken if it does not appear when the correspondence comes to light that it ever does come to light, that the rupture was occasioned by a peremptory demand on the part of the Administration to see Mr. Jackson's instructions and powers in full, accompanied by a peremptory refusal to treat unless they were disclosed. If so all the influence comes from another quarter. At any rate the contradictory facts ought to be a caution to us for the present, TO KEEP OURSELVES COOL."
MURDERERS ACQUITTED.
The Boston Gazette of the 30th ult contains the following account of the trial at Augusta of the murderers of Paul Chadwick, communicated by a correspondent at Augusta:
On Thursday the 16th inst. Elijah Barton, David Levin, Jabez Meigs, Ansel Meigs, Nathaniel Levin, Prince Kain and Adam Pitts, were arraigned before the Supreme Judicial Court, held at Augusta by adjournment, for the murder of Paul Chadwick, in the town of Malta. They all pleaded not guilty, and desired to be tried together and to join in their challenges.
The Court having met at a late hour in the forenoon, adjourned until the next morning when the Jury having been impanelled—the Solicitor General in a very able manner introduced the cause to the Jury, stating the importance of the trial, and the necessity of proceeding to it with a due regard to the claims of the prisoners and the violated laws of the country.
The witnesses were then examined, and the dying declaration of the deceased taken and sworn to before a Magistrate, in which he stated the circumstances of the assault upon him, and identified two of the prisoners as being of the party. Disguised like Indians, who fired upon him, was read to the Jury. Evidence if the confession of all the prisoners was given by the Justice before whom it was taken. This course of proceeding together with some witnesses produced by the prisoners, occupied five days. The two next days were employed by the Counsel for the prisoners and by the Solicitor General in their observations upon the evidence. Perhaps in cause of this nature was ever managed with more professional ability in this country. Mr. Wilde and Mr. Mellen explored every recess of ingenuity to excite a reasonable doubt on the minds of the Jury, and were followed by the Solicitor General in a speech of about four hours, at the conclusion of which, perhaps not one of the numerous spectators, whatever may have been his wishes, had any hopes that any of the prisoners would be acquitted. The evidence was exhibited in such a clear, distinct manner, and the arguments of the prisoner's Counsel were so combatant, that the acquittal of any of the prisoners could be expected from no other cause than the tenderness of the Jury.
The evidence was summed up by Judge Parker in a speech of near two hours; the other Judges then stated that there was no necessity for them to add any thing except that they perfectly concurred in the view of the cause as taken by Judge Parker. The Jury withdrew on Thursday the 23d, at half past twelve o'clock, P. M. and remained together until Saturday, eleven o'clock, A. M. when a verdict of acquittal was returned in favour of each of the prisoners, and they were severally discharged.
Whatever may have been the opinion of a crowded audience respecting this verdict, and whatever sentiments may be entertained by the public—it should be considered, until the evidence is published, improper in any man to arraign the conduct of the Jury. The whole trial was taken down in short hand by a gentleman of great accuracy in that species of writing, and in the course of a few weeks the public will have an opportunity of deciding upon the correctness or incorrectness of a verdict, which, to say the least, surprised every one who heard it.
F. J. Jackson, it seems, complains of the failure of his mission because he had no British fleet with him to back his assertions—no bombs, and congruous rockets, to Copenhagenize our cities, "by every possible means of devastation." Surely the ministry ought to be impeached for such flagrant omissions.— Enquirer.
Latest Foreign News.
From the Salem Register, Dec. 6, 1809.
TRANSLATIONS.
From Leydan papers furnished us by Capt. Joseph Lee who arrived at Beverly on Saturday last, in the ship Two Sisters, in 52 days from Amsterdam.
SEMLEN, AUG. 19. —After the retreat of the Turks to Bosnia, they repassed the Drina on the 1st August and took the village of Cossiac. Then the Servian General Nemadovitz marched on the second and obliged the enemy to retreat after an engagement of ten hours. The Servians have left many of their wounded in the villages of Bailou and Schabaz. The Servians took considerable military stores, some thousands of piastres in gold and silver, and a part of the enemy's baggage. The Pacha Zwer-nik Hgay Pasha, and a great number of officers and soldiers were made prisoners. The Servians keep the Pasha as a hostage for the safety of such prisoners as are with the Turks.
VIENNA, SEPT. 9. —A Deputation from Galicia has been here several weeks. The communication with the Emperor is by the Duke Neuschatel who transmits directly the orders of the Emperor.
By news from Belgrade on the 24th Aug the Turks had gained every advantage over the Servians, and it was believed would be soon before Belgrade. It is believed Belgrade was unable to make a sufficient defence. The Turks were advancing, and put all to the sword.
ZARA, Sept. 4. —The governor of Zara has been informed by a letter from the Major General of the Grand Army, that orders have been given that all the Austrian troops should leave. Dalmatia, and notice has been given to the commander of the Austrian troops.
VIENNA, Sept. 15. —They have abandoned the design of a Diet in East Hungary. Gen. Giuay commands in the southern part of that Kingdom.
FRANKFORT, Sept. 20. —The Prince Primate, Charles, continues at Aschaffenburg. By a decree of the 15th Sept. he announced that he had accepted the Neapolitan Code for his States.
BERLIN, Sept. 16. —It is said, in consequence of a convention between the Emperor Napoleon and the King of Saxony all the claims of the King of Prussia upon the duchy of Warsaw are ceded to the King of Saxony, and in consequence of this concession the sum which will be transferred will amount to sixty millions. This will reduce Prussia to great distress, but will be a great relief to Saxony, and particularly to the public paper of that Kingdom.
LUCERNE, Sept. 18. —The neutral troops upon the frontiers of Switzerland discharge their duty with the greatest fidelity. Every thing that can be suspected is examined with the greatest care. The arrests and the notices which have been given prove at what price the Swiss put the preservation of their neutrality, and with what scrupulous exactness they observe all its duties.
PARIS, Sept. 28. —The prince of Ponte Corvo was at Paris, and was soon to set out for the army in Germany. The Duke of Istria had command of the Army of the North, and the Duke of Cornegiano of the army which has its head quarters at Lille.
MADRID, Sept. 10. —His Majesty is at St. Ildefonse, a feat a few leagues from this Capital, where he is to pass a few days. The suppressed monks continue to evacuate their Convents, and the execution of the decree of his Majesty on the subject has not the least resistance. The king in conformity to his decree of the 18th of August, upon the Civil Administration has ordered, that the Persons nominated by the King should proceed in the arrangements to be made on all the towns and villages. In 30 days all the ancient Incorporations were to be suppressed, and all their acts annulled. The municipalities were to be composed of a number of proprietors proportioned to the population of each Commune. All the members were to take the oath of fidelity to the king, the constitution and the laws, before they entered upon their functions.
STOCKHOLM, Sept. 7. —The assembly of the States on the 28th of August was memorable, from the presence of the king, and his order to the Grand Marshal to read to the Assembly the decree upon the succession to the throne of Sweden. In consequence, the Grand Marshal declared, that the assembly of the States had acceded to the proposition, that his Majesty had made, to chuse Prince Christian Augustus of Schleswig Holstein Sanderburg Augustenburg, as his successor to the Throne of Sweden and then presented the act to the King. The King, then, declared, that this Prince, deeply penetrated with his duty to his country, had replied, that he could not accept it, till peace was restored to the North, and then, disengaged from all other concerns, he would come and unite with the brave Swedes who surrounded the throne,
and prove to them the high value he put upon their confidence in him. His Majesty, at the same time expressed to the States the full expectation he had to see this with soon accomplished.
MADRID SEPT. 4. His Majesty has expressed a just solicitude for such of the reformed religion as cannot profit from the decree which restores them to society, on account of their age and infirmities. He has therefore provided for them an asylum in one of the Convents of the city under the direction of an ecclesiastic appointed to this office by his majesty.
NAPLES, Sept. 2. —On the 24th of August twelve English vessels appeared before Gallipoli a Port in the Adriatic, and summoned the place. Upon being refused they began to bombard the place, but the inhabitants returned such a brisk fire, that the English left the place next day. While this force was at Gallipoli another squadron of the enemy, chiefly of Sicilians attempted a descent upon Policastro without success. Ever since this coast has been quiet, and proper guards are placed along this coast.
VIENNA, Sept. 6. —The Emperor has been for a few days past at the review of the Army of Italy in those parts of Hungary, held by the French troops. He then went into Moravia to review the troops in that quarter. Russian dispatches reached him on the 3d at his head quarters. The bearer of these dispatches had a letter the Emperor of Russia to the Emperor of Austria, and went to Totis to deliver it and returned on the 5th to Vienna, and will remain with the French Emperor.
COPENHAGEN Sept. 9. —The Danish Marine has gained some honour by two late adventures. One on the Elbe in which Lieut. Haling with 8 armed Chaloups, and 4 gun boats attacked an English Frigate, with 4 brigs and a gun boat, and obliged them to retire, much injured. The other was between Fiastrand and Seagen, when 3 armed Chaloups and 3 gun boats took an English armed vessel.
MADRID Aug. 21. —The commission appointed by his Majesty for the liquidation of the public debt has entered upon the business, and on the 1st of Sept. all who have demands on the State were to exhibit their documents.
In the Official Journal of 30th August we find these words. "The authority which has founded monasteries for the benefit of the State, may dissolve them when those benefits are not obtained."
OCT. 9. BONAPARTE's recent sickness occurred in the latter part of August; and was occasioned by his imprudence after the fatigues of a hot day, in walking in the garden of the palace at Schoenbrunn two hours in the evening, with the Russian Ambassador. In the course of the night he felt indisposed, a delirium ensued; his Physicians became alarmed; and expressies were sent to Paris for the best medical assistance. The strength of his constitution however, soon got the better of the disease; and the circumstances were concealed from the army, until he became convalescent.
FRENCH AUSTRIA—VIENNA, SEPT. 28. Yesterday Prince Lichtenstein, Count Bubna, Baron Meyer, and Prince W. Lichtenstein, arrived here from the Imperial Austrian H. Q. They are greeted as the harbingers of Peace; and it is said the Prince has unlimited Powers to sign it.
AUGSBURG Oct. Yesterday 3000 conscripts of the Imperial Guards, passed through this city for France; and from thence, it is said, for Spain.
MUNICH, Sept. 26. —The late expedition against the insurgents in Tyrol, has proved extremely destructive to the troops engaged in it: the severest loss they sustained was near the Penzerbridge, where 300 men, and 100 horses, were either killed or made prisoners: two pieces of cannon and three ammunition were also taken; Col. Count Anco was killed; Col. Count Shaner Lieut. Count Shaner, and Lieut. Count Lemming, were taken prisoners and the whole corps detached on this unfortunate expedition, would have been destroyed, but for the undaunted intrepidity and persevering valor with which the officers and men extricated themselves from the most perilous situations.
Law against Duelling! —The Legislature of Tennessee have passed an act to disqualify any person who may hereafter give, receive, or bear a Challenge, from holding any office of appointment under the government, giving evidence in any court of record, or serving as a Jurymen—in one respect, this statute goes a step further than most of the state-laws on this subject: for it provides, that in case a challenger shall publish or denounce the other party, who is unwilling or refuses to fight, as a coward, a paltoon, or by any similar epithet, such words are to be held as slanderous, and an action may be maintained against the speaker or publisher.
We are grieved to relate that yesterday, in the Capitol, Capt. Coles, the late President's Secretary, conceiving himself greatly, unjustly and unnecessarily abused by Mr. Roger Nelson, a member of the House of Representatives of the United States, in a late trial in which Capt. Coles was a party, and Mr. Nelson advocate for the opposite party called on him for some explanation, which was refused, and insults and contempt offered instead of reparation or even disavowal; on which Captain Coles gave said Nelson with a horse whip, what he deemed a proper chastisement. The intervention of a Senator and other gentlemen standing near, prevented any excess of disorder.

Portsmouth.  TUESDAY, DECEMBER 11, 1809.  Pleasing Information. We understand that an address has been presented to our late worthy governor, The Hon. John Langdon , from Grafton County, soliciting his consent to be again put in nomination, at the ensuing gubernatorial election, and that he has given an affirmative answer.
Last week we were alarmed with a report that Congress had passed an act laying an Embargo; but the proceedings in Congress, so far as we have seen, give no indication of such an event.
The several parts of the President's message have been committed—Several resolutions have been offered, and referred to committees—We shall next week commence our regular Congressional Journal.
Finding the documents which accompanied the President's message to Congress too voluminous to be laid before our readers in the usual manner so fast as we wished, we have published a part of them in an extra sheet—We could not complete our supplement in season to introduce any of the documents in this days paper—they will be continued next week.
It is understood that Mr. Randolph is detained at home by severe sickness. Hon. John Milledge, of Georgia, has resigned his seat in the Senate of the U. S.
The Palladium says, "Great Britain has made but three or four captures this season, and has conveyed 500 of our merchantmen." How many she has conveyed in safety on their voyages, we know not—but we have many accounts of their conveying them to condemnation—A letter from Halifax of Nov. 14, says, "a number of vessels from the United States bound to Tonnigen, have been brought in, and several have been already condemned" G. B. should caution her friends in this country against the extravagance of their fancies, lest they should lose what little credit for veracity they yet possess—It is already quite doubtful, about on par with Farmer's Exchange Bills .
The following is another excellent comment on the Palladium statement: "London, Nov. 15.—The Exerion, gun-brig, Lt. Forbes, has sent into Yarmouth the American ship Vesta, bound to Tonnigen, with a valuable cargo.—She is expected to be condemned—not having been provided with a LICENCE!"
"The ministerial editors have acknowledged and commended the warm and general expressions of indignation by federal republicans, at the perusal of the Intelligence account of the conduct of the British ambassador.—This proves they are no British party."—Palladium.
Register of Infamy.
Under this appropriate head we purpose to give occasional extracts from federal papers, relative to our foreign relations, more particularly on the disposition of Jackson.—The editor of the Repository has undoubtedly claim certainly to the second place—and he may by a little more exertion attain the first. He has been long asserting that that "England would take the British higher ground" (that is, go still further in aggression than impress and murder our seamen, interdict our commerce with all the world, have her own dominions and her worthy allies, the Barbary States) and that her necessities would justify her in doing so. This we suppose to be the high ground which Jackson has taken, as his conduct is justified by that editor and his coadjutors.—Hear his language: and it is similar to the expressions of indignation which we witness in most of the federal papers—not at the insult offered to our government, but because it was not pocketed, and passed over in silence.
"We seem not to be aware that it is possible that Great Britain may feel herself obliged to have recourse to the sword, and avenge what she may conceive to be an insult. It is curious to see the general feeling in this country on this subject. When we reason upon it, the feelings of the people of Great Britain are wholly overlooked."
"This is not said with an idea of conveying an infolent taunt, but from a sincere and fearful apprehension that the rejection of Mr. Jackson will be considered by Great Britain as a legitimate and indeed a necessary cause of war."
The writer of this speaks not upon slight authority when he declares that there is a disposition daily arising in Great Britain contrary to a good understanding with the U. S. replete under such a character as it is at present.
"The account of the treatment and dismissal of Mr. Jackson will cause great irritation. The writer may be told, it is an assumption that Mr. Jackson has acted with propriety. The world may rest assured, that the charge against him will fall to the ground."
"Let any gentleman who knows and respects the laws of polished life examine and ask himself the question, if they have not been grossly violated with respect to him."
"The honor of an ambassador is the honor of the nation. With his dismissal by a foreign power, they inevitably connect an idea of aversion. Hence in the opinion of the writer of these remarks, this dismissal of Mr. J. will prove a fruitful parent of much future evil."
It is expected that the salary of Wagner, Park and others, will be raised if they have not pitched their notes too high—Sal. Reg.
Were we to judge of the New England federalists from the papers which they have been in the habit of patronizing, we should conclude that as a body they disapproved the conduct of our government in the dismissal of Mr. Jackson, and that they were determined to support the cause of England. On this occasion they appear before the public in their worst dress. Their leaders to be sure have and always will have a pernicious partiality for politics of British manufacture—and they require that the whole corps should appear in uniform and act in concert. But their requisition will not be obeyed. Many, and we believe most of them feel, talk and will act, as becomes Americans. In this all length party warfare in which their leaders are engaged they are aware that there is no medium between the cause of America and the cause of England; and that they must rally under the standard of their own government; or that of a British faction headed by Mr. Jackson. In this alternative few will be so base as to desert their country's cause. If the object of the winter's campaign be, (as has been said of the last year's seditions proceedings,) only to effect the spring elections, we have no fears of the result of this second experiment on the folly of New England.
OUR COUNTRY'S CAUSE. The Repository of yesterday has this remarkable passage—
"We have read the conclusion of the Correspondence with Mr. Jackson, which is now made public. We confess that we are struck with astonishment at the result. We cannot discover the least shadow of rudeness or insult, on his part, through the whole—not even the slightest violation of respect."
"O Americans; if this correspondence and the insulting dismissal of the British Minister do not open your eyes to the real views of your government, then would not one raised from the dead convince you."
We too have read this correspondence, and think it conclusive of the justice, candor and impartiality of our government. Whoever can review the conduct of Mr. Jackson and not discover the most glaring insult and rudeness, on his part, must, we think, labor under the belief that we have no just title to our independence; and that the object and duty of Mr. Jackson was to obtain by negotiation a surrender of its charter in behalf of his sovereign.—On no other ground can we possibly acquit Mr. J. or censure our executive. The dispute, in our serious apprehension, involves far deeper interests than the success of any party or the support of any administration.—The real question appears to us to be; shall we maintain the sovereignty of the nation; or shall we surrender it at discretion, on the summons of the British minister?—This point we think should be settled by action rather than argument. [ib.
MICHIGAN—An improved system of government is contemplated for this Territory. Its citizens have had several conferences on the subject.
The Charleston S. C. Home-spun Company held their first anniversary meeting on the 23d ult. An address on the principles and utility of the institution was delivered by the President.
Bills of the Farmers' Exchange Bank , have recently been palmed off for horses &c. by a clan of swindlers, in Charleston. S. C.
Letters at N. York in 13 days from Antigua mention that the British are preparing to attack Guadalupe, St. Martins, and St. Eustatia.
On the 6th ult. a duel was fought at Norfolk between two Midshipmen of the frigate U. States; one of them, a native of N. Carolina, received a ball through his body. The Baltimore Whig hints, that col. Burr near is now Philadelphia, writing a pamphlet respecting Wilkinson.
By Last Evening's Mail.
FROM WASHINGTON. By last evening's mail, accounts from Washington are received to Monday last.—They state that on that day, Col. Troup laid on the table, certain resolutions whose object was, "1st. To authorise the capture of all vessels belonging to France or England, who should be found trading to any ports, other than those of their own colonies."
"2d. To authorise the detention of all British vessels, for the purpose of securing such augmented duties as may be judged proper to levy on their cargoes; and until they receive due licence to depart."
"3d. To authorise the detention of all French ships with their cargoes, until the further decision or order of the government in relation to the same."
"4. That an augmented duty be levied on all British manufactured goods."
"5.—That the President be authorised to grant licences for the departure of British vessels, on their paying the duties authorised to be levied and collected on the goods laden on board such vessels."
"Mr. Nicholson offered a resolution for a general system of Banking through the U. States."
"Mr. Fisk moved, that a third census of the United States be taken."
A Baltimore article states—"that the committee of the Senate who were to act on Mr. Giles' resolution had framed a bill authorising the President of the U. S. to order any diplomatic character out of the country, who should dare to insult this government."
GAZETTE MARINE JOURNAL. Dec. 3.—Arrived here Ich. Atlantic, capt. Nathaniel Stoodly, from Senegal. 47 days—Information can be given by Capt. S. of the brig St. Carlos, Captain J. Williams, wrecked on the coast of Africa—crew saved. Left, at Barbadoes, Sept. 25, brig Mars, Captain Sprague, for Kennebec, in 4 days.—At Tobago, Oct. 20 Ich. Catherine Pippin, for Saco, in 15 days; lost part of his deck load on his outward passage.
At Mantanzas, Nov. 12, brig Dian, Seaward of Portsmouth, came in in distress, with seven feet of water in her hold, having been ashore on the Bahama Banks.
At St. Vincents, Oct. 21, brig.—Blunt, of Portsmouth, to fail in 2 or 3 days.
The wreck of a vessel, of about 100 tons, was fallen in with Nov. 17, on George's Bank, in 12 fathoms water, by Capt. Percival arrived at this port—she had a high quarter-deck yellowish waist, black stern, with yellow mouldings, and pitch bottom; was a good looking vessel, and in a light set of ballast; appeared to be nearly new, and not long in that situation—Both of her masts were gone close to the deck, her bowsprit standing, and jib boom out. The hull appeared to be perfectly whole. She had probably been deserted, and stripped of her rigging boats, &c. as none were seen. Capt. P. intended to have board her, and tow her in, but the struck on the shoals before that could be accomplished. Boston paper.
Nov. 29 lat 33, lon 76, a large vessel was seen dismasted, apparently water-logged; had on a spar, a flag with W N W on it. Next morning the wreck was not to be seen.
At Antigua, Nov. 8. Markets dull, flour 9 dolls. pork 26—Flour 9 dolls. at Havana, Nov. 14 it was expected the port would be opened soon.
Markets at Porto Rico very dull; lumber 15 to 17 dolls, flour 6 to 7, beef 12 to 14, pork 10 to 15 and other article in proportion.
From Amsterdam, Oct. 11. "There are Americans here, having all gone to Tonnigen, to escape pirates and robbers. Colonial produce high—Cotton is one dollar per lb. Tobacco 34 dolls. per Cwt. There are 80 sail of Americans in Tonnigen: Sugars, generally from 9 to 30 dolls. per cwt. Muscovado, 28 to 32 1-2—White do. 32 1-2 to 38."
Ship Eliza, capt. Vickery, of and from Norfolk, has been captured and carried into Pampol, France The cargo was put into the Marine Stores. The crew were marched to Morlaix, and there imprisoned. The captain was detained. The ship was originally bound to Amsterdam, and had the French Consul's certificates of origin, and every document thought necessary—her cargo cost 82,000 dollars at Norfolk, and the ship is worth about 40,000.
MARRIED. In this town Mr. Thomas Tarlton to Miss Dorothy Neal, both of Newcastle. In Saco, Mr. George Seaman, merchant to Miss Elizabeth Atkinson.
DIED. In this town, yesterday, after a short illness Mr. WALTER AKERMAN, in the 71st year of his age—he has always sustained the character of an upright, honest and enterprising citizen, and has, for several years, filled the office of Selectman and Overseer of the Poor of this town, with credit to himself and honor to the town.
In this town Mr. William Frost, aged 35. On his passage from St. Vincents, Mr. Theodore Hart, a native of this town. The report of the death of Gen. Wade Hampton, is contradicted by a letter written to himself to a friend in Philadelphia.
Omnium Gatherum.
No. 13 for November, is just received and for sale at this Office, and at Mr. TAPPAN'S Bookstore. Subscriptions received at this Office.
State of New Hampshire, Strafford ff. NOTICE is hereby given to the non-resident proprietors and owners of land in the town of WOLFEBOROUGH in the county of Strafford, who have not paid their town, school, county, and highway taxes for the year 1809, that unless said taxes are paid to me the subscriber, on or before the fifth day of February next, so much of their land as will pay said taxes together with incidental charges will be sold at public vendue at my dwelling house in said town, at ten o'clock A. M. on said day.
   Proprietors or owners names. No. acres School tax County tax Highway tax Total tax     Nathaniel Sargent 19 211 34 76 26 130   William Lear lot part of 5 50 13 27 10 50   Stephen Evens 7 233 45 94 35 175   Jeremiah Martin 13 40 8 16 6 30   Samuel Drew part of 7 33 21 49 18 90   James Farnald jr. 3 50 8 19 8 33   William Cotton part of 7 23 6 12 5 93   John Jennes part of lot 1 20 5 11 4 20   Noah Allen part of 3 50 8 19 8 38   William Tibbetts part of 5 20 3 11 4 20   Nathaniel Horn part of 1 12 3 4 9   Paul Patch part of 15 100 40 15 75   The heirs of Dr Brackett 11 54 17 13 5 25   RICHARD TIBBETS, Collector.   Wolfborough, Nov. 28, 1809.  
State of New Hampshire, Grafton ff. NOTICE is hereby given to the non-resident proprietors and owners of Land in the town of WARREN, in said county, who have not paid their taxes for the year 1809—that so much of their lands as will pay said taxes with incidental charges will be sold at public vendue at the house of Jonathan Clements, inn-holder in said Warren, on Monday the 26th day of February next, at one o'clock, P. M. unless prevented by previous payment.
   Proprietors names. No. acres School tax County tax Highway tax Total tax     Atkinson Theo. jr Esq. 100 20 4 02 17 32 6 00   John A. Beardsley 3 75 64 11 4 71   Page John Esq. 100 6 23 7 14 2 5   Stevens Ebenezer 100 2 15 14 28 5 3   3 75 61 6 2 3   Tilton Joseph 3d div 40 13 20 6 12 2   Greeley Jonathan Esq. 75 31 15 4 9 2   Also one lot in the addition of lots the 100 15 3 59 14 28 5   owner unknown   STEPHEN FLANDERS, Collector.   Warren, Nov. 29, 1809.  
Assemblies, THE subscribers to the Assemblies are requested to meet at Mr. Brown's Inn this evening at 7 o'clock. A general and punctual attendance is requested. Dec. 12, 1809.
Goods bought at Auction.
THIS DAY OPENING AT DRAPER'S CHEAP CASH STORE, The following articles, viz.
 Superfine blue Cassimeres, do grey mixt do.  Dark mixt Broadcloth, Italian blk & white Crape, best quality, Habit white and color'd Kid Gloves, Black Satins, of the best quality, 6-4, 8-4, 9-4 & 10-4 table cotton Damask, 4-4 buff pink, scarlet & maroon Cambries, Ladies black silk Hose, Linen Diaper, Italian sewing Silks, Twill'd black silk Handkerchiefs, Russia Diaper, Figur'd silk velvet Vesting, No. 10, 14, 16 & 18 color'd Threads, Prussian Cord, Onyx Velvets, 6-4 damask silk Shawls, Twill'd black Cambries, Kidderminster Carpetings, Wild Bores, India Calicoes, India Checks, best quality, Low priced Coatings, Rose Blankets, &c. &c. &c. &c. &c. Dec. 12. 
FOR SALE BY
Elisha Hill jr.
 RUM per hhd; Loaf and Brown SUGARS; Boxes white and brown Havanna SUGARS.  COTTON; COFFEE per bag.  BRANDY—GIN—FLOUR.  TEAS—Fig TOBACCO—Also, 150 boxes mould CANDLES.  30 do SOAP.  100 half barrels BEEF. 
Candles, Soap and Beef, will be sold at a reasonable price, on long credit. December 5
THE subscriber will commence his School, in Pitts-street the 26th of this month, for the instruction of Masters and Misses in sacred Music, those who wish to attend will please to call and leave their names previous to the commencement of the School. Dec. 12 AMOS BLANCHARD.
State of New Hampshire, Strafford ff.
NOTICE is hereby given to the non-resident proprietors and owners of land in the town of NEW-DURHAM, who have not paid their town, highway, school and county taxes for the year 1809; that so much of their land as will pay said taxes together with incidental charges will be sold at public vendue at the dwelling house of the subscriber in said town on Monday the 5th day of February next, at ten of the clock in the forenoon unless prevented by previous payment.
   Names of original Proprietors and Owners of Non-resident land. No of portion Number Quantity Town tax Highway tax School tax County tax     Thomas Langley 28 2 125 39 105 35 13   Pat. Maribrough Esq. 84 1 100 39 105 35 13   Samuel Willey 71 1 100 32 85 29 10   Abraham Bennett jr. 20 2 75 18 47 16 6   do 20 1 100 32 85 29 10   J. & F. Durgin 80 1 100 32 85 29 10   William Works Esq. 12 1 38 18 48 16 6   Col. Th. Wallingford 60 1 45 15 37 13 5   Thomas Chesley 96 2 62 1/2 46 91 42 14   Samuel Chesley 1 2 125 100 260 87 33   John Andrews and Philip Gannett 7 2 125 30 79 26 10   Robert Burnham 5 2 125 39 105 35 13   Daniel Rogers 24 2 45 11 29 10 4   Law lot No. 1 26 2 27 7 17 6   Mark H. Wentworth 31 2 125 20 5 18 7   Joseph Thomas 32 2 125 30 79 26 10   John Adams 41 2 125 30 79 26 10   David Langley 42 2 62 1/2 16 53 18 7   Thomas Young 45 2 30 10 25 9 4   Joseph Weeks 50 2 125 39 105 35 13   Benjamin Jackson 52 2 125 20 52 18 7   Law lot No. 2 61 2 125 39 105 35 13   Benjamin Smith 66 2 62 1/2 15 39 12 5   John Mason and 69 2 125 50 130 44 16   Benja. Bennett 70 2 125 39 105 35 13   Thomas Willey jr. 79 2 62 1/2 20 50 18 6   James Smith 89 2 125 39 105 35 3   Jonathan Chesley jr. 95 2 125 50 130 44 16   REUBEN HAYES, Collector.   New-Durham, November 27, 1809  
Benjamin Swett's Estate.
Rockingham, ff. THE creditors of the Estate of Benjamin Swett, late of Portsmouth, in said county, Trader, dec'd are hereby notified that six months longer from the 15th of August last, is allowed by the Hon. Nathaniel Rogers, Esq. Judge of Probate for said County for them to bring in and substantiate their claims, and the commissioners will attend for that purpose at the store of Hartwell and Walker in Congress-Street in said Portsmouth on the second Wednesday of this and the two following months at from three to five o'clock on said days. JOSEPH DODGE, WM WALKER, Commissioners. ASA DEARBORN, J Dec. 11, 1809.
SALES AT AUCTION.
THIS DAY—at 11 o'clock, 1300 bushels CORN, in excellent order, afloat at Mr. S. Hill's wharf, Spring hill—Conditions Cash. A. EWEN, Auctioneer.
Book Auction.

FRESH AND NEW.  James Rundlet,  HAS just received and is now opening a fresh supply of Broad Cloths, Pelisse Cloths, Cassimires, Pelisse Flannels, Plains, Carpeting, Coatings, Buttons, Fearnoughts, Sewing Silks, Bockings, Shirting Cottons, Baizes, India Cottons, Flannels, Bandannas, &c. All which will be sold very low by wholesale and retail for cash or approved short credit. Nov. 21
FOR SALE   THAT elegant three Story HOUSE in Jaffrey-street (now occupied by Col. HARRIS) situated in the handsomest part of the town. Said House is new and well finished; together with a Stable and Garden belonging to the premises, with a good well of water and the Aqueduct. — Also — A two story House in Buck-street, with a Shop in front, occupied by Mr. Daniel Jackson, a good stand for business, and the house part occupied by Capt. J. Noble: Any gentleman wishing to view the premises, or purchase either of the above buildings may know the conditions on application to Mr. Abner Blasdell, junior, of Portsmouth, or the subscriber of Epsom. ABNER BLASDELL, jr. October 7, 1809.
MORE NEW  Fancy & Staple Goods,  THIS DAY OPENING BY  Sylvester Melcher,  AN additional supply of Fresh Goods, comprising both FANCY & STAPLE, which together with his other Stock, are offered as low as can be purchased at any Store in town. Nov. 21.
Daniel Brown No. 8, MARKET STREET, Has just received an additional supply of TEAS, SPICES, SUGARS, Wines, Spirits, Dye-Stuff, &c.  WHICH he offers for sale at a moderate advance for Cash: Among which are Hysan, Young Hysan, Hysan Skin, Souchong and Bohea TEAS — selected from the most approved cargoes, and warranted of the first quality. — Also — Nutmegs, Cloves, Cinnamon, Pepper, Pimento, Ginger, Cayenne, Mustard, Currants, raisins, box and sultana Raisins, &c. together with a general assortment of those articles usually kept in a Grocery Store. — November 4.
NEW FLOUR.  FOR SALE BY  W. B. Norton & Co. Now landing from Schr. CLARISSA , at Jaffrey's Wharf, Spring-Hill, 310 bbls. superfine FLOUR, 50 half barrels ditto. 100 bbls. fine ditto.  ALSO — IN STORE. 1400 bushels yellow CORN. November 28.
TEAS — at reduced prices.  S. Larkin  HAS for sale, Gunpowder TEA of a superior quality, at 10/6 per lb. — Also — Hysan, Young Hysan, Hysan Skin, Souchong and Bohea TEAS in the same proportion, all warranted of the very best quality.  S. L. assures his customers and all others, that not only Teas, but also every other article in the GROCERY LINE may be purchased at his Store as good and as cheap (not to say better and cheaper) as at any Store in town, and his great object will be to give satisfaction to all who please to call on him. Nov. 28.
Peirce's Library.  THE old established Circulating Library of C. PEIRCE, is still kept at No. 5, Daniel-street, to which additions of every new publication of merit are regularly made, & hopes are entertained that an OLD FRIEND will not be forsaken for new faces. His Library now consists of several thousand volumes, and the price of subscription two dollars a quarter, or six dollars a year. He has just received from London, a great variety of English Magazines, such as European, Universal and Monthly, that will be a great acquisition to his Library, and now "long evenings have arrived," afford much amusement and gratification to subscribers to his Circulating Library, as they contain a rich harvest of interesting intelligence, useful knowledge, and literary amusement. He has also received the six first volumes of a new series of the Lady's Museum, with elegant plates of the newest fashions in Europe, which are also added to his Library.  New Hampshire Registers and Almanacks of all kinds.
ALL persons indebted to the Estate of WILLIAM HAM, late of Portsmouth, deceased, are requested to make immediate payment — and those having demands upon said Estate to exhibit the same to ROBERT HAM, Executor Portsmouth, November 28, 1809.
OPEN THIS DAY,  Fresh Goods — Cheap for Cash.  Edw'd Parry,  Has just received and for sale at his Store No. 10, Market Street,  A large assortment of  Fall & Winter Goods, Which he will sell at the lowest prices for Cash — AMONG WHICH ARE,  BEST Superfine black, blue, bottle green, & Brown BROAD CLOTHS. Superfine black, drab and mix'd Cassimeres. French, grey and scarlet Pelisse Cloths. Black fawn and Maroon Ditto. Queen's Cloths and Pelisse Flannels. White, red and yellow Flannels. Black and color'd Cassimeres. Rose and Duffel Blankets. Devonshire Kerseys and Forest Cloths. Black fawn and scarlet Silk and Tabby Velvets. Black and olive Velvets and Thickfets. Black, Silk, Scarlet and purple Velvet Bombazetts of all colors. Durant and Wild Bores. Black and color'd twill'd Cotton Cambricks, suitable for Ladies gowns and mantles. Elegant assortment plain and figured Mullins, of the newest fashion. Chintzes and rich bed furnitures, Gold and Silver crapes. Black Italian Crapes. Black Canton Crapes. Black and color'd rich Satins. Plain Italian and Canton Lustirings. Muffs, Tippets and Fur Trimmings. India Cottons and Providence Shirting and Sheeting. Irish Linens and British Cottons. Damask and Cotton Table Cloths and Diapers. Black and white Laces, remarkably cheap. Black and white Lace Footing. Hamilton Cords, of different colors. Black Modes and Satin. Green, Pink and Slate color Figured Satin. Worsted and Angola Hose. Together with too many other articles to enumerate in an advertisement. Those who have Cash to pay for goods will do well to call and purchase: all of which will be sold cheap by wholesale and retail.  Good Tow Cloth will be taken in pay as Cash. Nov. 21.
New Grocery Store.  JOHN H. SHORTRIDGE, informs his friends and the public that he has taken the corner Store on Bow and Penhallow Streets, directly opposite Mr. J. L. Cross's, where he offers for sale a general assortment of W. I. Goods and Groceries, of the first quality, and on reasonable terms. Nov. 28.
State of New-Hampshire.  NOTICE is hereby given to the non-resident proprietors and owners of land in the town of CHATHAM, in said county, who have not paid their taxes for the year A. D. 1809, that so much of their lands as will pay said taxes, with incidental charges, will be sold at public vendue at my dwelling-house in Chatham, on the second Tuesday in February next, at ten o'clock A. M. unless prevented by previous payment to me the subscriber.
   Rights of Division No. of Lot No. of Acre Town tax School tax County tax Highway tax Amount     Jacob Treadwell jun. 1 10 3 100 12 5 37 5 25 16 7 50   Undivided 2 7 8 100 12 5 37 5 25 16 7 50   Nathaniel Frost, 1/2 paid 1 6 2 100 12 5 37 5 25 16 7 50   Undivided 2 10 1 100 12 5 37 5 25 16 7 50   George Meserve 1 3 3 100 12 5 37 5 25 16 7 50   Undivided 2 3 3 100 12 5 37 5 25 16 7 50   James Goodwin 1 13 2 100 12 5 37 5 25 16 7 50   Undivided 2 19 7 100 12 5 37 5 25 16 7 50   Jonathan Leavitt Jr. 1 6 3 100 12 5 37 5 25 16 7 50   Undivided 2 18 8 100 12 5 37 5 25 16 7 50   Jeremy Bryant, Esq. 1 12 2 100 12 5 37 5 25 16 7 50   Undivided 2 23 7 100 12 5 37 5 25 16 7 50   John Folsom of Greenland 1 4 5 100 12 5 37 5 25 16 7 50   Undivided 2 4 2 100 12 5 37 5 25 16 7 50   Jeremiah Folsom 1/2 paid 1 13 3 100 12 5 37 5 25 16 7 50   Undivided 2 10 5 100 12 5 37 5 25 16 7 50   Lieut. Samuel Gilman 1 6 7 100 12 5 37 5 25 16 7 50   Undivided 2 22 8 100 12 5 37 5 25 16 7 50   John Bennet, jun. 1 1 3 100 12 5 37 5 25 16 7 50   Undivided 2 16 8 100 12 5 37 5 25 16 7 50   John Tash 1 2 7 100 12 5 37 5 25 16 7 50   Undivided 2 4 4 100 12 5 37 5 25 16 7 50   Joshua Bracket 1 11 1 100 12 5 37 5 25 16 7 50   Undivided 2 20 8 100 12 5 37 5 25 16 7 50   John Bennet 1 7 5 100 12 5 37 5 25 16 7 50   Undivided 2 6 8 100 12 5 37 5 25 16 7 50   Jeremiah Folsom, jr. undivided, 8 7 26 1 17 4 11 5 35 8   Walter Bryant, jr. Esq. undivided, 8 7 26 1 17 4 11 5 35 8   John Johnson, undivided, 8 7 26 1 17 4 11 5 35 8   David Hicks, undivided, 8 7 26 1 17 4 11 5 35 8   House Lot 1st range, No. 8, a settler's lot, 34 6 12 8   Heath Esq. & Waldron's lot, one third paid 66 76 228 352   Not. of Wood. lot No. 1, 1st ran. 1/2 div. settler's lot 100 13 39 26 17   Merrill & Walser. lot No. 1, 4th range, 1/2 div. 100 13 39 26 20   Governor's Farm 400 50 150 100    Chatham, Nov. 10, 1809. ASA EASTMAN, Collector.
State of New-Hampshire, Rockingham ss. To the Honorable Justices of the Superior Court of Judicature, holden at Exeter, in and for said County of Rockingham, on the third Tuesday of September, in the year of our Lord 1809.  HUMBLY SHEWS,  EBENEZER CHADWICK, of Portsmouth, in said county, trader, that he is the lawful Guardian of MARK L. BUTLER, of said Portsmouth, mariner, a distracted person and being non compos mentis — that the said Butler is seized in fee simple of a certain parcel of land and the buildings thereon, situated in said Portsmouth on the north side of Gates-street, so called, being the whole of a dwelling house and the land under the same except the lower story of that part of said house which is east of the easterly side of the front entry, and including the common passage-way at the westerly and northerly side of said house, and also including the lot of land lying northerly of said house, beginning at the easterly end of said passage-way, six feet north of said house, and running easterly at the distance of six feet from said house, fifteen feet, then northerly at right angles with said line, twenty feet, thence easterly at right angles with said last line fifteen feet, to land of Ebenezer Smith, thence northerly by said Smith's land, sixty four feet to the town burying ground, then westerly by said burying ground thirty feet to land of John Nelson, thence southerly, partly by land of said Nelson and partly by said common passage-way, eighty eight feet to the place of beginning, with the appurtenances, being the same land & buildings which were set off to satisfy an execution in favor of said Butler against John Ham as by the return thereof will appear — That it is necessary for the support of the said Mark L. Butler and would be conducive to his interest to make sale of the land and buildings — wherefore the said CHADWICK prays that he may be authorized and impowered to sell and convey the same.  EBENEZER CHADWICK.
ROCKINGHAM ss. Superior Court, September Term, 1809. Ordered by the Court that the petitioner notify all persons concerned to appear before the Justices of the Superior Court of Judicature, to be holden at Portsmouth, within and for the county of Rockingham, on the first Tuesday of February next, to show cause if any they have, why the prayer of said petition should not be granted, by causing said petition and order of Court thereon to be published three weeks successively in the New-Hampshire Gazette , the last publication thereof to be six weeks before said term. Attest. NATHL. ADAMS, Clerk. Copy examined by NATHL. ADAMS, Clerk.
Five Dollars Reward,  WILL be given to the person that has found and returns to this office, an oval GOLD bosom Pin, with a small Glass, covering some Hair, and surrounded with a double range of Pearls — ELIZA is engraved on the back of it. November 28.
NEW GOODS.  James Rundlet,  INFORMS his friends and customers that he has just received and is now opening forty packages of Fresh Imported Goods, which he offers for sale on good terms by wholesale and retail — for good Current Bills only, or short approved credit — AMONG WHICH ARE  Best superfine black, blue and brown Broad Cloths A great variety middling & low priced ditto Maroon, scarlet, bottle green, brown, fawn and black Pelisse Cloths Cassimeres, an extensive assortment of all colors, among which are a few pieces of the best superfine double mill'd Mixt Satinets; Devonshire Kerseys Blue, drab, mixt and olive Plains Superfine and common Coatings; Serges Double mill'd Flannels Some very fine twill'd ditto Black and olive Velveteens and Thickfets Black, fawn, slate & crimson Tabby Velvets Crimson, scarlet, brown, mulberry, bottle, slate and black Bombazetts Bird's eye Camblets Wildbores; Ruffs; Durants; Calamancoes and Shalloons Ladies white, black and slate color'd worsted Hose Men's worsted cotton and silk Hose Black India Lustirings and Satins Black Crapes; colored Florence Silks Ribbons, Galloons, Tapes, Bindings, &c. 4 trunks fine and low priced Prints Patch Furnitures; Fringes; Tallels and Bed Lace Ginghams; Hair Cords and Cambricks 3-4, 4-4 and 6-4 white Cambricks Fawn and black twill'd ditto Sewing Silks and Twists Linen Threads and cotton Sewings 3-4, 7-8 and 4-4 Shirting Cottons, among which are a few pieces fine and stout A great variety fancy Mullins & Cambricks Ladies habit Gloves; men's beaver ditto 3-4, 7-8, 4-4 and 6-4 black Cambricks Fine yard wide Irish Linens Brown Hollands Brown Cotton in imitation of ditto Pins, 3-1-2, 4 and 4-1-2; pound ditto A variety of Winter Vestings Cotton Umbrellas; Oil Cloths 7-4, 8-4, 9-4, 10-4 and 11-4 Rose Blankets Black silk, bandanna and check silk Hdkfs A large assortment of India Cottons, some very fine Shirtings of an excellent fabric Linen Diapers, Damasks and Table Cloths Cotton Diapers, Table Cloths and Towels  Best Kidderminster Carpeting, new figures — Venetian Stair ditto  Muffs & Tippets, with a great variety of other seasonable GOODS, too numerous to particularize. He expects by the first arrivals from Liverpool, an additional supply of Baizes, Flannels, Bockings, Pelisse Flannels, &c. He would also inform his customers that he has become Agent for the Smithfield Cotton Manufacturing Company and that he has just received and will keep constantly for sale in large or small quantities, Cotton Yarns of every description, for weaving, knitting & sewing; Cotton Stripes; Cotton Checks and Bed Ticking — all which will be sold exactly at the same price as at the Factory. October 31, 1809.
New Store & New Goods.  Sylvester Melcher,  RESPECTFULLY informs his friends and the public that he has taken the Store in Market Street, lately occupied by John Melcher, directly opposite Mr. Brierly's, where he has received and is now opening a handsome assortment of Fall and Winter Goods, of the latest importations among which are Black, white & col'd Superfine middling & Cotton Cambricks Low priced Broad-Lace striped and seeded Cambricks Cassimeres, Satinets Striped, seeded and plain Mullins Ladies Pelisse Cloths, Cambric and common of all colors Superfine & common Dimities Coatings 7-8 and 4-4 Cotton Fashionable Vestings Shirtings Swan-down, Toilet-7-8 and 4-4 Colerain ets Linens Devonshire Kerseys Check'd Linens Plains Serges Cotton Laces, Ribbons Molefkins of a superior Black Lustirings rich fabric for Suits Brown and White Cotton Plaitillas Pearnoughts Bilk and white Mil- Baizes & Flannels Annets Swan-down Buckrams 7-4, 8-4, 9-4 and 10-4 Pullicat, Madras, Mill'd Rose Blankets Malabar, blue Guil- Angola, Lambwool la, Frockloy and and common worst Cotton Bandannas ed Hdkfs Canton and Bandan- Bombazetts Wild- na do bores, Durants Do- roys, Calamancoes & ry description Ruffs Ladies Kid and Gen- Tabby Velvets tlemens Bilk. and Olive Vel- Gloves- Suspenders, veteens Umbrellas Bilk. olive and drab Quality and Sho- Cords Bindings Thickfets Silk & Twill, Thread, Calicoes, Furniture- Cotton Sewings, and Ginghams of ev- Pins, Tapes, Galloon, ery description Ferrets &c. &c. India Cottons and Checks. Purchasers are respectfully requested to call and examine his Goods, as he is determined to sell at the lowest prices either for cash or short approved credit. Oct. 31.
Velvet Bonnets, of the newest fashion, just received and for sale by  EDWARD PARRY. November 28.
Public Sales.  To be sold at Public Auction, ON the premises by virtue of a licence from the Court of Common Pleas, holden at Alfred, on Thursday the 14th day of December, at 12 o'clock, all the real Estate in Berwick, which belonged to JOHN HAMILTON, late deceased, viz. The Dwelling House, Store, Out Houses, Field and Pasture, with the land at Rocky Hills.  OLIVER HAMILTON, Adm'r Nov. 21.
TO BE SOLD AT Public Auction, by licence of Court, on Tuesday the 12th of December next, at eleven o'clock, before noon, about Fifty Acres of WOOD and PASTURE LAND; lying in Raymond, in the county of Rockingham and State of New Hampshire, being estate of Benjamin Evans, late of Salisbury in the county of Essex and commonwealth of Massachusetts, Esquire, deceased: — Sale to be on the premises, where conditions will be made known.  BENJAMIN EVANS, Executor. Salisbury, Nov. 15, 1809
For Sale at Auction, On the third day of January, [if not previously disposed of at private sale]  THE Schooner  CATHARINE, now lying at Huntress's Wharf, burthen about 103 tons — terms liberal, made known by applying to  ELISHA HILL, 3d. at Ayers' wharf. Dec. 5.
State of New-Hampshire, Rockingham ss.  To the honorable the Justices of the Superior Court of Judicature, now in session at Exeter within and for the county of Rockingham,  HUMBLY SHEWS,  STEPHEN CHASE , of Chester, in the county of Rockingham, Esq Guardian of JERUSHA CLARK of said Chester, a non compos mentis, that it would be conducive to the interest of his said ward, that her real estate herein described should be sold and conveyed, to wit, that piece or parcel of land situate in said Chester, sit off to her as her portion out of the estate of Joseph Clark, late of said Chester, yeoman, deceased, intestate, by Messrs. Robert Wason, John Underhill and Benjamin Hall, a committee duly appointed to make division of the real estate of the aforesaid Joseph Clark, containing about eight acres be the same more or less, bounded as follows — beginning at the highway a stake and stones, it being the south-westerly bounds of land sit off by the committee to one Mary Clark, thence westerly by said highway, five rods to a stake and stones so holding the width of five rods from the westerly line of the land aforesaid, sit off to the said Mary, to the northerly end of said land of the said Joseph, with the one sixth part of that portion of the house and barn not sit off to the widow of the said Joseph — also, one other piece or parcel of land, situate in said Chester, sit off to her, the said Jerusha, as her share out of her mother's dower out of the estate of the said Joseph Clark, by Stephen Chase, Benjamin Hall and Joseph Underhill, a committee duly appointed for that purpose, beginning at a stake and stones the southwest boundary of Mary Clark's share, sit off by said committee out of the dower aforesaid, thence westerly on the highway, one rod and twenty four links, to a stake and stones, thence northerly, holding said width and joining the land sit off as aforesaid to the said Mary, to the north end of the land of which the said Joseph died seized — Wherefore he prays your honors to empower him to sell and convey the lands and tenements aforesaid, and he, as in duty bound will pray.  STEPHEN CHASE, Guardian of the said JERUSHA.
Rockingham ss. Superior Court, September Term, 1809. ORDERED by the Court that the petitioner notify all persons concerned to appear before the Justices of the Superior Court of Judicature to be holden at Portsmouth, within and for the county of Rockingham on the first Tuesday of February next, to show cause if any they have why the prayer of said petition should not be granted, by causing said petition and order of Court thereon to be published three weeks successively in the New-Hampshire Gazette , the last publication thereof to be six weeks before said term. Attest NATHL. ADAMS, Clerk. Copy examined by NATHL. ADAMS, Clerk.
To Cure the ITCH.  MAY BE HAD AT  Tappan's Bookstore,  WHEATON'S genuine ITCH OINTMENT — warranted to cure this dreadful disorder by one application — without having any thing in it either dangerous or disagreeable — Price 50 cents a box. (6w) — November 28.
ALMANACKS, Of almost all kinds by the gross, dozen, or single, for sale at CHA'S. PEIRCE'S Bookstore, very cheap. Wanted — A Draft on Philadelphia.

N. H. Gazette Extra.
Important State Papers.
Portsmouth, December 12, 1809.
The limits of our paper not admitting the publication of the interesting Diplomatic Correspondence communicated to Congress by the President's Message of the 29th ult. so fast as we could wish, and the public impatience demands, we this day present them in an extra sheet. We hope their length will not prevent careful perusal by every one who wishes to know the real merits of the difference between the governments of Great Britain and the United States, unbiased by the comments which have flowed from every quarter relative to the late rupture of negotiation with Mr. Jackson, as here they may obtain correct information from the official source.—Our patrons will see in this valuable gratuity, the best testimony of our thanks for their support, it is in our power to express.
Letter from Mr. Erskine, to the Secretary of State.
WASHINGTON, JULY 31, 1809.
SIR—I have the honor to inclose 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 favorable opportunity for explaining to you the grounds and reasons upon which I conceived I had conformed to His Majesty's wishes and 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 shew that no intention existed on my part to practise any deception towards the government of the U. S.
I have the satisfaction, however, to call your attention to that part of the inclosed Order, which protects the commerce and shipping of the U. S. from the injury and inconveniences which might have arisen to American citizens from a reliance on the provisional agreement before mentioned; and I cannot but cherish a hope, that no further bad consequences may result from an arrangement, which I had fully believed would have met with 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 Esq. &c. &c. &c.
The Secretary of State to Mr. Erskine.
DEPARTMENT OF STATE, AUG. 9, 1809.
SIR—I have just received from Mr. Pinkney, a letter inclosing a printed paper purporting to be a copy of a despatch to you from Mr. Canning, which states among other things, that "from the report of your conversations with Mr. Madison, Mr. Gallatin, Mr. Smith, it appear—"
"1. 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 harbours to ships of war, and all non-intercourse and non-importation acts, so far as respects Great Britain leaving them in force with respect to France and the powers which adopt or act under her decrees.
"2. That America is willing to renounce, during the present war, the pretension of carrying on in time of war, all trade with the enemy's colonies, from which she was excluded during peace.
"3. 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 express 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 are so manifestly irreconcilable to the dignity and interest of the United States. I, however, would remark, that had you 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. David M. Erskine Esq. &c. &c. &c.
From Mr. Erskine to Mr. Smith.
WASHINGTON, AUGUST 14, 1809.
SIR—I have the honor to acknowledge the receipt of your letter of the 9th inst. informing me you had just received a letter from Mr. Pinkney, inclosing a printed paper, purporting to be a copy of a despatch, to me from Mr. Canning, which states, among other things, "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 respects Great Britain, leaving them in force with respect to 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."
The explanations which you request from me upon that subject shall be given with candor, and I will proceed, accordingly, to lay before you an abstract of the communications which I made to his Majesty's government relative to the unofficial conversations which I had held with Mr. Madison (then Secretary of State) Mr. Gallatin and yourself, at the time and upon the occasion alluded to by his Majesty's Secretary of State, (Mr. Canning) in that part of his instructions to me of which you inform me you have received a printed copy from Mr. Pinkney.
Upon referring to my despatches, addressed to His Majesty's government of the 3d and 4th December last, in which these communications are detailed, I concluded that the conversation alluded to must have been held some days previous to that period, and were to the following effect:—
Mr. Madison, (then Secretary of State) is represented by me to have urged various arguments tending to prove that the United States had exerted all their efforts to persuade the French government to withdraw their unjust restrictions upon neutral commerce, and that recourse might have been had to measures of more activity and decision against France than mere remonstrance, but that, in the mean time Great Britain had issued her Orders in Council, before it was known whether the United States would acquiesce in the aggressions of France, and thereby rendered it impossible to distinguish between the conduct of the two belligerents, who had equally committed aggressions against the U. States.
After some other observations Mr. Madison is stated by me at that time to have added, that as the world must be convinced that America had in vain taken all the means in her power to obtain from Great Britain and France a just attention to her rights as a neutral power, by representations and remonstrances, that she would be fully justified in having recourse to hostilities with either belligerent, and that she only hesitated to do so from the difficulty of contending with both: But that she must be driven even to endeavor to maintain her rights against the two greatest powers in the world; unless either of them should relax their restrictions upon neutral commerce: In which case the United States would at once side with that power against the other which might continue its aggressions.
That every opinion which he entertained respecting the best interests of his country led him to wish that a good understanding should take place between Great Britain and the U. States, and that he thought that the obvious advantages which would thereby result to both countries were a sufficient pledge of the sincerity of his sentiments.
These observations, Sir, I beg leave to remark, were made to me by Mr. Madison about a month after the intelligence had been received in this country of the rejection by his Majesty's government of the proposition made through Mr. Pinkney by the President for the removal of the embargo as respected Great Britain, upon condition that the Orders in Council should be withdrawn as respected the United States: And his sentiments were, as I conceived, expressed to me, in order that I might convey them to his Majesty's government, so as to lead to a reconsideration of the proposition abovementioned, with a view to the adjustment of the differences upon that subject between the respective countries. But I never considered that Mr. Madison meant that the government of the U. States would pledge themselves beyond the proposition respecting the embargo, as above stated, because that was the extent of the power of the President by the Constitution of the United States.
I understood, very distinctly, that the observations of the Secretary of State were intended to convey an opinion as to what ought and would be the course pursued by the U. States, in the event of his Majesty's Orders in Council being withdrawn.
In these sentiments & opinions you concurred, as I collected from the tenor of several conversations which I held with you at that period.
With respect to the second point, as stated
in your letter to be contained in a "Despatch from Mr. Canning" I beg leave to offer the following explanation:
In the course of a private interview I had with Mr. Gallatin, (the Secretary of the Treasury) he intimated that the non-intercourse law which was then likely to be passed by the Congress, might be considered as removing two very important grounds of difference with Great Britain, viz. the non-importation act, as applicable to her alone, and also the President's proclamation, whereby the ships of Great Britain were excluded from the ports of the United States, while those of France were permitted to enter; but that by the non-intercourse law both powers were placed on the same footing. He did not pretend to say that this measure had been taken from any motives of concession to Great Britain; but as, in fact, those consequences followed, he conceived they might be considered as removing the two great obstacles to a conciliation.
He adverted also to the probability of an adjustment of another important point in dispute between the two countries, as he said he knew that it was intended by the U. States to abandon the attempt to carry on a trade with the colonies of belligerents in time of war, which was not allowed in time of peace, and to trust to their being permitted by the French to carry on such trade in peace, so as to entitle them to a continuance of it in time of war.
As it may be very material to ascertain what "trade with the colonies of belligerents" was, in my conception, meant by Mr. Gallatin, as intended to be abandoned by the U. States, I feel no hesitation in declaring, that I supposed he alluded to the trade from the colonies of belligerents direct to their mother country, or to the ports of other belligerents, because the right to such trade had been the point in dispute; whereas, the right to carry on a trade from the colonies of belligerents to the United States had never been called in question, and had been recognized by his Majesty's Supreme Court of Admiralty; and the terms even upon which such colonial produce might be re-exported from the United States had been formally arranged in a treaty signed in London by the Ministers Plenipotentiary of both countries, which was not indeed ratified by the President of the United States; but was not objected to as to that article of it which settled the terms upon which such trade was to be permitted.
Such was the substance, Sir, of the unofficial conversations which I had held with Mr. Madison, Mr. Gallatin, and yourself, which I did not consider or represent to His Majesty's government as intended with any other view than to endeavor to bring about the repeal of the Orders in council, by shewing that many of the obstacles which had stood in the way of an amicable adjustment of the differences between the two countries were already removed, and that a fair prospect existed of settling what remained; since the United States had exhibited a determination to resist the unjust aggressions upon her neutral rights, which was all that G. Britain had ever required; but I certainly never received any assurances from the American government that they would pledge themselves to adopt the conditions specified in Mr. Canning's instructions as preliminaries; nor did I ever hold out such an expectation to his Majesty's government; having always stated to them that in the event of his Majesty's thinking it just or expedient to cause his Orders in council to be withdrawn, that the President would take off the Embargo as respected England, leaving it in operation against France and the powers which adopted, or acted, under her decrees; according to the authority which was vested in him at that time by the Congress of the United States, and that there was every reason to expect that a satisfactory arrangement might be made upon the points of the colonial trade which had been so long in dispute between the two countries.
As to the third condition referred to by you, specified in Mr. Canning's instructions, I have only to remark, that I never held any conversation with the members of the government of the United States relative to it, until my late negotiation; or had ever mentioned the subject to His Majesty's government; it having, for the first time, been presented to my consideration in Mr. Canning's despatch to me of the 23d January, in which that idea is suggested, and is stated to have been assented to by Mr. Pinkney.
It would be unavailing at the present moment to enter upon an examination of the "pretensions set forth in Mr. Canning's letter of instructions" (which you are pleased to term) "extraordinary."
I consider it, however, to be my duty to declare that, during my negotiation with you which led to the conclusion of the provisional agreement, I found no reason to believe that any difficulties would occur, in the accomplishment of the two former conditions, as far as it was in the power, of the President of the United States to accede to the first, and consistently with the explanation which I have before given of the second point: On the contrary I received assurances through you, that the President would comply (as far as it was in his power) with the first condition,
and that there could be no doubt that the Congress would think it incumbent upon them to assert the rights of the United States against such powers as should adopt or act under the decrees of France as soon as their actual conduct or determinations upon that subject could be ascertained—but that, in the mean time, the President had not the power, and could not undertake to pledge himself in the formal manner required to that effect.
I received also assurances from you, that no doubt could be reasonably entertained that a satisfactory arrangement might be made in a treaty upon the subject of the second condition mentioned in Mr. Canning's instructions according to my explanation of it in the foregoing part of this letter, but that it necessarily would form an article of a treaty in which the various pretensions of the two countries should be settled.
The third condition you certainly, very distinctly informed me could not be recognized by the President, but you added, what had great weight in my mind, that you did not see why any great importance should be attached to such a recognition; because it would be impossible that a citizen of the United States could prefer a complaint to his government on account of the capture of his vessel while engaged in a trade absolutely interdicted by the laws of his country.
Under these circumstances, therefore, finding that I could not obtain the recognitions specified in Mr. Canning's despatch of the 23d of 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 despatch 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 object of his Majesty's government could be attained though in a different manner, and the spirit, at least, of my several letters of instructions 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, (tho' unintentionally,) should produce any embarrassments in the relations between the two countries.
It is a great consolation to me, however, to perceive that measures have been adopted by both governments to prevent any losses and to obviate any inconveniences which might have arisen to the citizens or subjects of either country from a reliance on the fulfilment of that provisional agreement; and I cannot but cherish a hope that a complete and cordial understanding between the two countries may be effected.
I beg leave to add that it would have given me great happiness to have contributed to so desirable an object, and to offer you the assurances of the great respect and high consideration with which I remain, Sir, your most obedient humble servant.
D. M. ERSKINE.
The Hon. ROBERT SMITH, Esq. &c. &c. &c.
The Secretary of the Treasury to Mr. Erskine.
WASHINGTON, AUG. 13.
SIR—I do not believe, that in the conversations we have had respecting the practicability of an adjustment of the differences between the United States and Great Britain, we ever have misunderstood one another. Yet as from Mr. Canning's instructions lately published by your government, it would seem that some opinions are ascribed to several members of this administration, which they did not entertain, it appears necessary to ascertain whether on any point a misapprehension can have taken place.
I will forbear making any observations on what in the instructions is called the third condition, since it is not asserted that that inadmissible proposition was suggested at Washington.
The points embraced in Mr. Canning's first proposition formed the principal topic of our conversations relative to a revocation of the Orders in council. Yet in the manner in which that proposition is expressed it goes farther than had been suggested by the members of the administration. It is sufficiently evident from the proceedings of Congress, both previous and subsequent to the unratified agreement of April last, that the United States intended to continue the restrictions on the commercial intercourse with France, whilst such of her decrees as violated our neutral rights continued in force, and to remove those restrictions, in relation to Great Britain, in the event of a revocation of the Orders in Council. But that state of things so far as it related to France was to result from our own laws, known or anticipated by your government when they authorised an arrangement, and it was not proposed by us that the continuance of the non-intercourse with France should be made a condition of that arrangement. Whilst on that subject, I will add an observation, though perhaps not
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(Continued from the 4th page.) courts of Europe on similar occasions.—you did not at the time appear to object to it; you ever requested me to come the next day, prepared with a draft or project of a paper, framed in pursuance to these ideas, and altho' 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 U. S. 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 government 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 had 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, 1809, 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 through 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 November, 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 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 November, 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 farther 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 such 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 under any arrangement
which should effect the indispensable objects, to which that order applies, or as it would be even without any such order so long as France and the powers subservient 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 U. 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 authorised 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 recorded 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 U. S. 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 both nations have in fostering a mutual and solid friendship and cordiality, no zeal or exertions shall be wanting on my part to carry into effect His Majesty's commands for this most salutary purpose.
I have the honor to be, with great respect, Sir, your most obedient humble servant, F. J. JACKSON. The Hon. ROBERT SMITH, Sec. of War.
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 discussion, on this particular occasion, into a general 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 show 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 governments had furnished so many and such serious 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 Embargo, that the discussions which had been previously 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. & B.) of letters that passed on that occasion.
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 understanding of the views and positions of the other.
You will, sir, hence perceive, that in maintaining the right, which every government has as to the rules of intercourse with foreign functionaries, near it, no encroachment has been made or intended on any right or customary privilege belonging to you in that character, nor anything 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 President 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 reason 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 explanation 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 refuses 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 honour (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 instructions have been violated, yet it is not a mere violation of them on immaterial points that will be sufficient. It is indispensably requisite, moreover, that the reason be strong and solid, that they manifestly outweigh not only the general obligation to abide by what has been so done, but also the disappointment and injury accruing to the other party. And it is worthy of notice that the case under discussion is of a higher character, and appeals with greater solemnity to the honour 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, previous to an execution by either. It had according to the terms of it (and this peculiarity appears to have been contemplated by your government) been actually and immediately carried into effect by the U. States. The refusal of his Britannic Majesty is, therefore, 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 with good faith on the part of the United States. Nay, the case is, therefore, the case is strengthened by the further peculiarity, that some of the circumstances attending the execution of the arrangement on the part of the United States renders it unsuscceptible of a full equivalent for the refusal to execute it on the other side.
It has not escaped observation, that the obligation of your government to tender explanations on this occasion is admitted by your attempt to shew that it has been sufficiently done in what passed in conversation between Mr. Canning & Mr. Pinkney, and by the instructions given to Mr. Erskine to communicate such explanations.
With every disposition to view in the most favourable 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 formal communication, it is certain, that it was neither 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 through 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 might be sufficient to remark that they were never carried into execution; 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 delicacy 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 United 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 the 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 mission gave rise to the conversation of Mr. Canning and Mr. Pinkney, is not reconcileable to the correspondence of the latter, which contains no such indication. On the contrary it distinctly shews that he was apprized of the intention to replace Mr. Erskine by a successor, whom he regarded as the proper channel for the explanatory 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 conversation with Mr. Canning, that you were to sail for the U. States within three weeks.
Although it may not have been your intention to have given to this 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 conference, and 2d, that from the official corres-
pondence of Mr. Erskine with his government, 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 complaint before the reasons for the disavowal had been explained, and especially as the explanations were justly and confidently expected thro' the new functionary. And as to the supposed reserve on my part on this subject in our several conferences, I did not imagine, that my repeated intimations to you of the necessity of satisfactory explanations, as to the disavowal, were sufficient indications of the dissatisfaction of this government with respect to the disavowal itself.
The stress you have laid on what you have been pleased to state as the substitution of the terms finally agreed on, for the terms first proposed, 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) could permit, and that on finding his first proposal unsuccessful, the more reasonable terms comprized in the arrangement respecting the orders in council 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 descend 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 the most desirable, and to end with what is found inadmissible 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 authority to conclude the arrangement, his formal assurances, during our discussions, were such as to leave no room for doubt. His subsequent letter of the 15th June renewing his assurance to me "that the terms of the agreement so happily concluded by the recent negotiation will be strictly fulfilled on the part of his Majesty," is an evident indication of what his persuasion then was as to his instructions. And with a view to shew what his impressions have been ever since the disavowal, I must take the liberty of referring you to the annexed extracts (See C.) from his official letters of the 31 July and of the 14 August.
The declaration "that the despatch from Mr. Canning to Mr. Erskine of the 23d January is the only despatch by which the conditions were prescribed to Mr. Erskine for the conclusion 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 despatch 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 arrangement, 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 arrangement took place to be such as could only lead to a disavowal, and therefore as superceding the necessity of any explanation whatever, it is to be regretted, that you had not deemed it proper to render precise and explicit, that part of your letter which seems to imply that you had in our conversations, in relation to the affair of the Chesapeake, following the words of your instructions, held out not only the manner in which the reparation had been accepted, but even the form in which it had been tendered, 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 out of his power in any act containing them.
Whatever may have been your intention 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 proper form whatever explicit explanations you may choose to make, with respect to the ground of this part of the disavowal; and without enquiring whether your authority be derived from instructions 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 naturally expected that you would in your letter have stated with precision in what that offer differed from the reparation solemnly tendered by Mr. Erskine and accepted by the United States, and that you would have

shown in what the reparation thus tendered differed from his instructions. And when I had the honor to intimate that in order to avoid the misconceptions incident to oral proceedings, it was thought expedient 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 Chesapeake; 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 also because, on that point, and on that alone, you had expressly stated that you had propositions 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 regret, that your instructions contemplate, neither an explanation of the refusal of your government 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 arrangement 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 United States to relinquish the trade with the enemies' colonies, even in branches not hitherto interrupted by British orders for capture, & also a sanction to the enforcing 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 Majesty to adhere to such extraordinary pretensions, would preclude the hope of success in such advances, whether regard be had to the conditions themselves, or to the disposition they indicate, 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 connection, either with the case of the orders in council, or with that of the Chesapeake. And it was reasonably to be presumed, if the idea of such a condition had in the first instance proceeded from the erroneous belief that it was not objectionable to the United States, that it would not have been persisted in after that error had been ascertained and acknowledged.
The other demand could still less have been apprehended. Besides the inevitable and incalculable abuses incident to such a license to foreign cruisers, the stipulation would touch one of those vital principles of sovereignty, which no nation ought to have been expected to impair. For where would be the difference in principle between authorising a foreign government to execute and authorising it to make laws for us? Nor ought it to be supposed that the sanctions and precautions of a law of the United States, in the cases of the prohibited trade in question, would prove inefficacious for its purposes.
Had none of those obstacles presented themselves to the course corresponding with the sentiments 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 experiment of a friendly negotiation to every point of difference and of mutual interest between them. If, indeed, in the event of successful 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 operation of the orders can in the mean time be suspended, the door might be considered as immediately 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 inasmuch as a discontinuance of their decrees by those powers necessarily requires an immediate and entire revocation of the Orders in Council.
That a suspension of the Orders with a view to their being brought into a general negotiation is more reasonable than a temporary submission to their authority, by the United States with that view, is obvious from the reflection that such a submission would necessarily involve a relinquishment of the principle which they have steadfastly asserted; whereas, a discontinuance of the Orders in Council, in the present actual state of things would not be incompatible with the principle on which they were originally founded.
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 modification 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 injurious 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 alleged in support of them.
What, permit me to ask, is the degree of injury actually accruing to the enemies of Great Britain from her retaliating Orders? According 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 by 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 neighboring ports. To your own calculations, sir, I submit, whether the inconsiderable effect of this circuit of the prices in Holland and in the countries supplied through her, can any longer sustain the plea of inflicting distress on an enemy, or palliate the injuries done to a friend by a proceeding so contrary to his sentiments of justice, and which subject her regular commerce not only to inconvenient channels, but to all the abuses which may result from the suspicion, real or pretended, of interested cruisers. 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 explanation by some object avowed. What object might be considered as best explaining it, is an enquiry into 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 your 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 disavowal of the engagement of your predecessor, to citizens of the United States, who had resumed their commercial pursuits 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 following instances in which it falls essentially short of its declared intention.
1. The order does not provide for the important case of vessels returning with cargoes 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 United 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.
4. It does not include in its provisions the extensive list of vessels going indirectly from the United States, but directly from foreign ports to those of Holland, nor vessels trading entirely from foreign ports 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 disappointed faith in the arrangement, as in the cases specially provided for, and consequently with all other losses fairly resulting from the same bonafide confidence in that act, they will fall within the just indemnification for which the principle, assumed in the order, is 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 yours of the disavowal, not thro' the minister disavowed, but through his 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 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 explanation,—that you have apparently wished to bring the subjects which have been formally and definitively arranged into fresh negotiation; as if no such arrangement had taken place; that one of the cases thus slighted, viz. that of the frigate Chesapeake, is a case for which reparation, not denied to be due, had been previously so long withheld, or rather in which the aggression itself has been spun out, to the present moment, by the continued detention of the masters, 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 explana-
tions 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 inalienable 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 favor any model of bringing about so happy an event that may be found consistent with the honor and the essential interest of the United States. I have the honor to be, etc. (Signed) R. SMITH. The Hon. Francis J. Jackson, etc. etc. etc.
(A.) Extract of a letter from Mr. Pinckney to Mr. Canning, dated London, Oct. 10, 1808.
"At our first interview (on the 21 June) verbal communication was not discountenanced, but commended. 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, for 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, the 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 of a letter from Mr. Canning to Mr. Pinkney, dated Nov. 22, 1808.
"It is highly probable 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 really 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 31st, 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 instruction 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 shew that no intention existed on my part to practise any deception towards the government of the United 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 despatch of the 23d of 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 despatch 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 object 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 U. 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."
MR. JACKSON TO MR. SMITH. WASHINGTON, 23d OCT 1809.
Sir—The letter, which you did me the honor to address to me on the 19th inst. was delivered to me on the following day. I shall without loss of time, transmit it to my court, where the various and important considerations which it embraces will receive the attention due to them. In the interval I would beg leave to submit to you the following observations, as they arise out of the communications that have already occurred between us.
In fulfilling a duty which I conceive to be due to my public character, I have never suggested, nor meant to suggest, that the mode of negotiating prescribed by you on this particular occasion—an occasion selected for the purpose of removing existing differences—was otherwise objectionable, than as it appeared to me, to be less calculated, than it does to you, to answer the professed purpose of our negotiation.
It was against the general principle of debarring a foreign minister, in the short space of one week after his arrival, and without any previous understanding with him, from all personal intercourse, that I thought it right to protest. Since however I find by your letter that it is not intended to apply that principle to me, I will only observe, that in the case which you mention to have occurred between Mr. Canning and Mr. Pinkney, the conferences were held, under an expectation at least on the part of the former, of their leading to a written communication, whereas in ours, I, from the beginning, stated that I had no such communication to make. There is also this essential difference between the two cases, that Mr. Pinkney was charged to convey an important proposal to His Majesty's government, the particulars of which it might be very material to have correctly stated, whilst the ob-
ject of that part of my conversation, to which you seem to attach the most importance, was to say, that I was not charged to make any proposal whatever.
It could not enter into my view, to withhold from you an explanation, merely because it had been already given, but because, having been so given, I could not imagine, until informed by you, that a repetition of it would be required at my hands. I am quite certain that His Majesty's government having complied with what was considered to be the substantial duty imposed upon it on this occasion would, had this been foreseen, have added to the proofs of conciliatory good faith already manifested, the farther complacency to the wishes of the United States of adopting the form of communication most agreeable to them, and of giving through me the explanation in question. I have therefore no hesitation in informing you that His Majesty was pleased to disavow the agreement concluded between you and Mr. Erskine, because it was concluded in violation of that gentleman's instructions, and altogether without authority to subscribe to the terms of it. These instructions, I now understand by your letter, as well as from the obvious deduction which I took the liberty of making in mine of the 11th instant, were at the time, in substance, made known to you: no stronger illustration therefore can be given of the deviation from them, which occurred, than by a reference to the terms of your agreement.
Nothing can be more notorious than the frequency with which, in the course of a complicated negotiation, ministers are furnished with a graduation of conditions, on which they may be successively authorised to conclude. So common is the case which you put hypothetically, that in acceding to the justice of your statement, I feel myself compelled to make only one observation upon it, which is, that it does not strike me as bearing upon the consideration of the unauthorised agreement concluded here, in as much as in point of fact Mr. Erskine had no such graduated instruction. You are already acquainted with that which was given, and I have had the honor of informing you that it was the only one by which the conditions on which he was to conclude were prescribed. So far from the terms, which he was actually induced to accept, having been contemplated in that instruction, he himself states that they were substituted by you in lieu of those originally proposed.
It may perhaps be satisfactory to me should you say here that I most willingly subscribe, on this occasion, to the "highly respectable authority which you have quoted"; and I join issue with you upon the essentials which that authority requires to constitute a right to disavow the act of a public minister.
It is not immaterial to observe on the qualification contained in the passage you have quoted—as it implies the case of a minister concluding in virtue of a full power. To this it would suffice to answer that Mr. Erskine had no power; and his act consequently does not come within the range of your quotation, although it cannot be forgotten that the United States have, at no very distant period, most freely exercised the right of withholding their ratification from even the authorised act of their own diplomatic agents, done under the avowed sanction of a full power.
I conceive that what has been already said established beyond the reach of doubt or controversy that his Majesty's minister did violate his instructions, and the consequent right in his Majesty to disavow an act so concluded. That his Majesty had strong and solid reasons for so doing will appear not only from his instructions having been violated, but from the circumstance that the violation of them involved the sacrifice of a great system of policy deliberately adopted and acted upon in just and necessary retaliation of the unprecedented modes of hostility resorted to by his enemy.
There appears to have prevailed throughout the whole of the transaction a fundamental mistake which would suggest that his Majesty had proposed to propitiate the government of the United States in order to induce it to consent to the renewal of the commercial intercourse between the two countries; and if such had been the relations between Great Britain and America, that the advantages of that intercourse were, wholly on the side of the former; and if in any arrangement, whether commercial or political, his Majesty could condescend to barter objects of national policy and dignity for permission to trade with another country.
Without minutely calculating what may be the degree of pressure felt at Paris by the differences in the price of goods whether landed at Havre or Hamburgh, I will, in my turn, appeal to your judgment, Sir, whether it be not a strong and solid reason, worthy to guide the councils of a great and powerful monarch, to set bounds to that spirit of encroachment and universal dominion which would bend all things to its own standard? Is it nothing in the present state of the world, when the agents of France authoritatively announce to their victims, "That Europe is submitting and surrendering by degrees," that the world should know, that there is a nation which by that Divine Goodness, so strongly appealed to in the paper to which I allude, is enabled to falsify the assertion? Is it not important at such a moment, that Europe and America should be convinced, that from whatever countries honourable and manly resistance to such a spirit may have been banished, it will still be found in the sovereign of the British nation and in the hearts of his subjects?
As to the precautions taken in England to insure from injury upon this occasion the citizens of the United States, and which appear to you to be even yet insufficient, I am confident that in every doubtful case the usual liberality of our tribunals will be exercised in determining upon the circumstances of it; and it was as Mr. Pinckney's express requisition, that additional instructions were given to the commanders of his Majesty's ships of war and privateers to extend to vessels trading to the colonies, plantations and settlements of Holland, the same exemption from capture and molestation, as was granted to vessels sailing for any of the ports of Holland.
On the subject of return cargoes from those ports, I must observe, that although it was intended to prevent as far as was practicable the inconveniences likely to be created by the unauthorised agreement made here in April last, yet it was not and could not be intended to obviate all possible inconveniences, even such as might have arisen if no such agreement had ever been made.
[To be continued.]
Angereau's Proclamation to the Catalonians