The enquirer (Richmond, Va.), 1809-02-03 00:00:00

G. Minor
The Enquirer.
VOL. 5.]
RICHMOND, FRIDAY, FEBRUARY 3, 1809.
[No. 87.
PUBLISHED BY THOMAS RITCHIE, OPPOSITE THE GLOBE TAVERN, AT FIVE DOLLARS PER ANNUM, PAYABLE IN ADVANCE.
YOUNG LADIES' BOARDING SCHOOL. WARRENTON.—Emboldened by the general approbation which was expressed by those patrons of Literature and Arts who honored this institution by their attendance at the late public recitation, and grateful for the encomiums they bestowed, whilst viewing the exhibition of penmanship, needlework, embroidery, &c. &c. venture again to offer our services in the discharge of those duties which have occupied a material part of my latter years. Animated by the prospect of meeting the support I have hitherto received, and contemplating the pleasures I have in view, by further contributing to the benefit of the rising generation; I intend dedicating my whole time to the improvement and education of such Young Ladies as may be entrusted to my care: Assuring their parents, guardians, &c. that it shall be my constant study to discover their turn of bent or their minds; that where it is necessary, I may be able, by gentle and persuasive means, to inculcate their dispositions so to induce them as to teach them; and where the propensity is already discernible, to heighten it by just correction, that it may become more and more amiable.
The utmost caution shall be used to preserve them in health, to improve them with just notions of piety and virtue, and to make them useful and the necessity of attending to moral and domestic economy. In fine, such will be my pride to give entire satisfaction, that they shall know no other difference by being from home, than the absence from their parents, &c. and being obliged to attend diligently to the orders and regulations of this institution. As viewing what has been done, is a better criterion than any other whereby to judge what may be attained, the subscriber begs leave to inform the Ladies and Gentlemen of Richmond, and its vicinity, that a Specimen, the performance of a Young Lady of that city, who was only eighteen months at the above Seminary, may be seen on application at Mr. Archibald Nisbet's, Merchant in Richmond.
SARAH FALKENER. Every possible exertion is employed to procure a discreet & properly qualified person to teach Music. The School will be opened on the first day of January next. The terms for tuition, board, washing, lodging, &c. &c. are one hundred and five dollars. For day scholars twenty dollars per annum. The house is remarkably commodious and well constructed for the preservation of health. Warrenton, North-Carolina, } 2m2w January 24, 1809.
JAMES SEABROOK, TAYLOR, returns his grateful thanks to his friends and the public, for their liberal encouragement, and informs them, that he has removed from Harris's Corner, to the House lately occupied by Mr. William Prichard, Book-Seller, next door above the Post-Office, where all commands, in his line, will be thankfully received, and punctually attended to—and that he still continues, constantly, to receive the newest fashions from Philadelphia. Jan. 5. 2m2w
JOHN ALCOCK, informs his friends, and the public, that he is carrying on his CABINET MAKING BUSINESS , in all its branches where he makes all kind of Mahogany Furniture in the best manner, and on the newest fashions.—Any gentlemen or ladies wanting any Furniture, will find good work executed, and on low terms, as can be bought in New-York, or any other place. Any orders left at my shop, in the Cross-Street, adjoining Prosser and Moncure's Vendue Store, or at Mr. George Greenhow's where I keep my Ware-Room, will be punctually attended to, and great care taken to deliver it in good order. N. B. Two Apprentices wanted at the above business, who can come well recommended. January 17. tf
RICHMOND TURNPIKE COMPANY. At a meeting of the directors of the said company, on Friday, the 20th of January, 1809: Resolved, That a call of three dollars on each Share of the Stockholders, in the company, be made, and that the same be paid to the Treasurer, on or before the 10th of next month. A Copy, N. SHEPPARD, Secretary. January 24. 100tf
KIRBY, DRAKE & TAYLOR, intending to close their present concern, will dispose of their stock of DRY GOODS , at reduced prices, for cash, or on short credit, for approved notes in town. Those persons indebted to the concern by open account, are requested to make payment or execute bonds for their respective amounts. Dec. 17. tf
FOR SALE, a very likely Negro WOMAN , about 25 years of age, a good Sempstress, and used to the House—with her daughter, about 9 or 10, also used to the House.—Apply at this office. Dec. 29. tf
EUROPE. LONDON Nov. 21. Capt. Freemantle and Capt. Baynton, who were deputed to see the Monument erected on Portsmouth Hill, to the memory of Lord Nelson, properly executed, inspected it last week, and are satisfied that the wishes of the fleet have been complied with.—They have given directions for the following inscription to be put on it:— "Consecrated to the memory of Lord Viscount Nelson, by the zealous attachment of all those who fought at Trafalgar—to perpetuate his triumph and their regret.—1805." And on the opposite side the following:— "The British fleet consisted of 27 ships of the line: of France and Spain, there were 32—19 of which were taken or destroyed. We have received Dutch papers to the 15th inst. The Paris news contained in them states, that part of Junot's army is destined for Portugal, for which country it is now marching, under the title of "The Van of the Army of Portugal." Col. Fletcher has been dismissed from the British service upon a charge of cruelty.—The court recommended that he be placed on half pay, which was granted.
the mendicants have had a previous notice of three weeks to repair to the depots. In these depots persons of different sex and age are to be kept apart; and the expence attending them, is to be defrayed conjointly by the public purse, by the departments and the towns. The Prefects of the departments are to address a report to the Minister of the Interior, relative to the amount of the expence attending the establishment, and the presumed number of beggars in each department, the armed force necessary for guarding them the different labors and occupations in which they are to be employed, and the modes of discipline to which they are to be subjected.
STOCKHOLM, Nov. 11. His Royal Majesty has received the following report from the General in chief of the Finnish army, including a report from Colonel Sandels, chief of brigade, touching a severe battle which has been fought in the vicinity of Idensalmi. "Since the armistice concluded between the Swedish and Russian armies, was declared to be at an end, a Russian officer arrived from Lieut. Gen. Tutchkoff, with the intelligence that hostilities would be immediately recommenced. "Soon after I received a report that my advanced had been attacked by the Russians, and compelled, by the enemy's great superiority in number, to fall back to Werda bridge, which was soon after broken down after the troops had crossed it. A violent cannonade immediately commenced by the enemy from the neighboring heights, which was vigorously returned from our side, and Prince Dolgorucki, who commanded the Russian van, was mortally wounded at the beginning of the action, and expired soon after. In the mean time the enemy's chas- seurs & infantry crossed the bridge, which they had repaired, formed in a line, and advanced against our troops, notwithstanding the vigorous cannonade which was kept up from our batteries, which they attempted to carry, but were repulsed by our troops with the utmost intrepidity and valor, and pursued as far as Werda bridge. In this action the enemy's loss consisted in 360 men killed and wounded, and 70 taken prisoners, among whom are two Field Officers. "According to the account of the prisoners, the enemy's force in the above affair, which lasted six hours, exceeded 6,000 men, commanded by Lieut. Gen. Tutchkoff, and under him by Generals Rachmanoff, Prince Dolgorucki and Alexeyeff. "At the close of the action, the Russian Commanding General, proposed a suspension of hostilities for 24 hours, to bury his dead, which I was the more ready to grant, as our loss was also considerable, consisting of 30 killed and 250 wounded." Brig. Quarters, Idensalmi, } Oct. 26, 1808 }
mand of Senor Roca, by the bridge & high road of Pamplona, with all the train of artillery. At the same time the army which was at Albaro (having left this place some days) passed the river Ebro under the command of Senor Caro, as did also the other division of Solava, and directed their march so as to attack the enemy on the right, front, and left of his positions at Milagro and Caparroso. All the divisions were expected to arrive at these points by day break on the 11th. It is said that the attack has commenced, and on our part we have no doubt of its success. All is in motion here. Troops continue to arrive in large parties. Of the result of our operations I shall inform you in my next. "Head quarters, at Maravall, Nov. 9. "On the 7th in the evening, our General set out hence, and arrived at the Linea. He held himself in readiness to attack the French by three points on the other side of the Llobregat. All the morning of the 8th, in spite of the copious rain which lasted the whole of the day, we heard here the thunder of the artillery, and the fire of musketry. Our troops had advanced as far as the range of the cannon of the fortress of Barcelona, which fired upon them. Another could not advance on the side of the plain of the river Bassos, which was flooded, so that our troops were obliged to return at night, fatigued and soaked with the rain, to occupy the same positions at the river Llobregat. "The enterprise of yesterday would have been decisive if the weather had been favorable, for the French were on all points abandoning their positions, and retiring within the protection of Barcelona; and also if the column of General Laguna had been able to pass the river on the side of St. Andre. Upon the whole, it is some glory to have advanced within the reach of the gate of St. Antonio, the battery of which fired several times upon our troops, who in spite of the fatigue of their march, and passing the whole day without refreshment, displayed their indefatigable valor in the face of the enemy." The above letter from Tudela, dated the 13th, is sent to me by a friend who is in the Army. I cannot equally guarantee the following which I have received from Aranjuez. The facts stated were generally believed yesterday, but though nothing has arrived to contradict them, they have this day considerably diminished in credit: "ARANJUEZ, Nov. 17. A Spanish cabinet courier has just arrived here with the important news that D. Francisco Palafox, having learned that Castanos had prevented the army under his command from molesting the enemy, while they withdrew their troops to engage Blake, which they accordingly effected with success, has taken the command of the troops from Castanos, and passing the Ebro at three points, has forced the enemy's line, compelling them to several actions, that were disputed with much bloodshed, but in which the enemy were routed. The army of the centre will now form a junction with that of Blake, by which means the enemy's division that advanced to Burgos must be entirely cut off, besides a considerable number who had not reached that city. It appears that the son of Castelar is in Segovia, and that Blake is in Valmaseda. It is understood that this information is official, and that the President has ordered all intelligence, whether of a favorable or adverse nature, to be communicated to the public. Cuesta gave orders this afternoon that his travelling carriage should be in readiness, which I have already seen pass this way; I have observed also that he had a conversation for a quarter of an hour with a foreigner, whose name I do not know. His Nephew and the governor of St. Andero retired during this conversation. It is also stated that he has been honorably acquitted respecting the dispute he had with Valdes and his nephews in council of war, and that he is soon to set out for the army, to take the command of that of Estramadura. They say that Castanos is in bad health; he will, no doubt, come here to recruit himself. Three of our couriers have arrived here this afternoon. We hope they bring favorable intelligence. "P. S. Madrid, November 19.—By letters from Navarre, written by some officers, we learn that our troops attacked the enemy on the 13th, took possession of Caparoso and its heights, passed the Ebro at three points, on all of which the enemy has been defeated with considerable loss. When the courier who has brought this intelligence left the army, the action continued on every point with the greatest vigor. "CORUNNA, Nov. 20. We have little intelligence here that can be relied on relative to the details of the various actions gen. Blake has fought. It is certain, however, he has displayed great skill in conducting the retreat of his army, though the loss he had suffered is very great. It was reported yesterday that the army of Castanos has succeeded in an attack on the French, in consequence of which the right of the enemy would be cut off. Nothing official has, however, arrived on this subject. It is likewise reported that a junction has been formed between the armies under Sir John Moore and Sir David Baird, at least by their advanced guard; but this requires confirmation. "TUDELA, Nov. 10. The first division yesterday marched from hence to the environs of Calahorra; so that yesterday there were assembled 27,000 men at that point. The day before yesterday, the two brothers, Cea, set out for Madrid with peremptory orders for all the troops they should meet to advance by forced marches. A Courier was sent to Don Francisco Palafox, who had proceeded to Exa, and he returned hither yesterday. The enemy has been reinforced in great numbers on the side of Ledosa, and we expect to be attacked on our left flank, but we shall be ready to receive them; for should they attack us, we shall have 34,000 men in our position, good troops, and anxious to try their strength with the enemy. We have, besides, 2,500 cavalry. To-day Castanos set out from hence to Cintruengo. We have placed 2000 men of our division to defend the bridge, in order to be prepared, in case they should attack us by Tudela. Yesterday Castanos stated, that Napoleon was at Vittoria; but this is doubtful. He has determined that eight days shall not elapse before the enemy cease to make movements in that direction. It is also mentioned that the said Napoleon, on the 4th, went to Yrun, but this is uncertain. Provisions have begun to arrive in abundance, which we place in our rear. Should the enemy delay their attack, we shall in less than 8 days having collected our troops and provisions, march to Caparroso, and unite with the troops of our right, which exceed 20,000 men, we shall attack them on their left flank; such is the plan of the day, if new circumstances do not change it." TUDELA, Nov. 13. "On the night of the 10th, the division of Valencia marched hence under the com-
terior court of law in each county of this commonwealth." The names of those who voted in the affirmative are, Messrs. Nelson (Speaker) Joyner, W. Parker, Perkinson, Cabell, Given, Warwick, Leitwich, Otey, Farris, Porterfield, Rowland, M'Clanahan, Congleton, Pitman, Patterson, Moorman, Holmes, W. Jones, J. Christian, Egmont, Price, Cheatham, Hatcher, C. K. Mallory, S. Waits, John Jones, Mason, Graham, Edmonds, Buckley, Forbes, Castleman, Baytop, P. Wyatt, Carter, Blair, M'Laughlin, Morrow, Landy, Jeffries, Donaldson, Higgins, Brien, Prunty, Lowther, Starnes, Purdie, Wren, Barret, Lightfoot, Slaughter, Willis, Morris, Reame, C. Smith, Hoos, Yerby, Irby, Noland, Roszel, Harris, Watson, Winn, M'Cutcheon, Billings, P. Smith, J. B. Jones, Payne, Beirne, Estill, J. Craig, Mitzenberg, Hold, Murdaugh, Upshaw, Snedecor, Fitzgerald, Irwin, Milner, Hull, Davis, Woodring, E. Johnston, Purnell, Mosely, Tyler, Peyton, Temple, Gee, Martiney, Gibson, Grigsby, Rutherford, Bryan, M'Farlane, J. Allen, Dashiell, Gooch, Crotchfield, R. Starnard, Daniel, W. Allen, Billard, Thompson, Cecil, Brown, Garrow, D. Craig, Taveuer, Beeson, Sheffey, Crockett, Southall and Archer—117. And the names of those who voted in the negative are, Messrs. Garland, Norvell, Kuney, Anderson, Harrison, Pryor, J. Wyatt, Pegram, Brent, Innes, Callaway, Dickenson, Swann, Sandford, Simon, Cunningham, Martin, Reynolds, Shearman, R. Hill, Segar, Jesse, Dashiell, Penn, Hughes, Walton, Redman, Moncure, Jarrett, Bailey, R. E. Parker, Corbin and Witt—55. Engrossed bills "Appropriating the money arising from the sale of the glebe lands of Lunenburg and Farnham parishes, in the county of Richmond;" "Authorizing the President of the United States to open an inland navigation from the Chesapeake bay or the port of Norfolk, to the channel of Currituck Sound, and from Lynhaven bay to the eastern branch of Elizabeth river;" "To explain the act, entitled an act, for reducing into one the several acts concerning the Land Office; ascertaining the terms and manner of granting waste and unappropriated lands; for settling the titles and bounds of lands; directing the mode of processing and prescribing the duty of surveyors;"—were read a third time and severally passed. Mr. Crutchfield presented, according to order, a bill "To amend the act passed on the 9th of February, 1808, to amend the several acts prescribing the mode of ascertaining the taxable property within this commonwealth, and collecting the public revenue, and for other purposes;" Mr. Crutchfield also presented, a report from the committee appointed on the part of this House, to examine jointly with a committee from the Senate, into the state and condition of the Bank of Virginia; which bill and report were received and ordered to be laid upon the table. A communication from the Senate by their clerk. The Senate have passed the bill "To amend the act, entitled an act preventing obstructions to the passage of fish down James river." They have also passed the bill "To incorporate the Petersburg Manufacturing Society," with amendments, to which they request the concurrence of the House of Delegates. The House proceeded to consider the amendments proposed by the Senate to the said bill, and the same being twice read, were agreed to by the House. Engrossed bills "For the relief of Sarah de Pass;" "To amend the act, entitled an act, declaring the law in cases of discounts and offsets;" "To amend an act, entitled an act, to incorporate a company for establishing a turnpike road from the intersection of Duke Street, in the town of Alexandria, with the west line of the District of Columbia, to the ford of Little river, where the turnpike road now crosses it;" "To provide for keeping in repair the state road from the upper navigation of James river, to the upper navigation of Kanawha river," were severally read a third time and passed. The following report (which lay on the table) was taken up and read: The committee appointed jointly with the committee from the Senate, to examine into the state and condition of the Bank of Virginia, have, according to order, performed that duty. They have examined the books containing minutes of the proceedings of the Directors—a statement of the capital stock of the company—of the debts due to them—of the money deposited in the various branches—the notes in circulation, and the cash on hand—and they beg leave to report, that the books exhibited, contain fair and distinct entries of the general concerns of the company; shewing at certain periods, not only the entire resources and the demands which exist against them in the aggregate; but also the transactions and concerns of the individual branches, whereby your committee were enabled to ascertain the general result, and the management and operation of each particular branch. Your committee beg leave to state, that although the dividends have diminished for the last year, yet that is owing to the interruption of our foreign commerce, and not to any mismanagement of the concerns of the corporation; but that in the opinion of your committee, they are conducted on principles calculated to promote the success and prosperity of the institution. On motion, Ordered, That the said report be laid on the table. On motion, Ordered, That the committee of the whole House, on the state of the commonwealth, be discharged from further consideration of the petition of sundry inhabitants of Accomac county, to the said committee referred, praying the legislature to adopt means for calling a convention to make certain alterations in the constitution of this state. A motion was made to postpone the further consideration of the said petition to the 31st day of March next; and the question being put on the said motion for postponement, it passed in the negative. Ayes 31—Nays 117. Resolved, That the bill do pass, and that the title be, an act "To amend the act, entitled an act, to organize and establish a su-
Mr. Murdaugh (from the committee to whom is referred the subject of the Judiciary establishment) presented a bill "Abolishing the superior courts of chancery," and also several resolutions. FRIDAY, Jan. 27. Engrossed bills "To repeal the act, entitled an act concerning Chancery at Staunton, as administrator of the estate of John Allgood deceased;" "Providing for the redemption of certain lands, forfeited by the non-payment of the taxes thereon;" "To amend the act, entitled the act, for opening a new street in the town of Petersburg;" "Concerning certain certificates and warrants issued among the papers of John Pendleton, deceased;" "Concerning Samuel G. Adams," were severally read a third time and passed. The House according to the order of the day, resolved itself into a committee of the whole house on the state of the commonwealth; and after some time spent therein, Mr. Speaker resumed the chair, and Mr. S. M.ople reported, that the committee had, according to order, had under their consideration, a bill "To amend and prevent malicious and vexatious suits," had been put to the House without amendment, which he handed in at the clerk's table. A motion was made to amend the said bill by striking out of it the second section, which is in the following words, to wit: "And be it further enacted, That in all actions of assault and battery and slander, which are brought, in any of the courts of this commonwealth, the plaintiff or plaintiffs shall be compelled to give security for the costs of suit, if by the time or their failure to give such security in a sum not exceeding twenty nor less than ten dollars, the said proceedings shall be dismissed. Provided, nevertheless, that no rule for such security shall be made by any court, unless the plaintiff or plaintiffs have received at least ten days previous notice in writing, of the intended motion. Provided also, that this act shall not be construed to extend to any action wherein the plaintiff or plaintiffs shall have been allowed to sue in forma pauperis." And the question being put on the motion for striking out the said section, it passed in the negative. Ayes 53—Nays 83. Mr. Crutchfield, from the committee to whom was referred a report of the governor's communications relative to the militia of this commonwealth, presented a report. A bill "Further to amend the several laws respecting the militia of this commonwealth," which was received and read the first time, and ordered to be read a second time. The said bill was on motion read a second time, and ordered to be referred to a committee of the whole House on the state of the commonwealth. A motion was made that the House should, come to the following resolution. Resolved, That when this House adjourns on Monday the 6th day of February, it will adjourn to the 31st day of March next. On motion, Ordered, that the further consideration of the said resolution be postponed to the 31st day of March next. SATURDAY, Jan. 28. A communication from the senate by their clerk. The Senate have passed the bill "To amend an act, entitled an act, to incorporate a company for establishing a turnpike road from the intersection of Duke-street, in the town of Alexandria, with the west line of the District of Columbia, to the ford of Little river, where the turnpike road now crosses it." Engrossed bills "To amend and explain the act, entitled an act, more effectually to prevent malicious and vexatious suits;" "Exonerating William Price from certain forfeitures and penalties therein mentioned;"—were severally read a third time and passed. Ordered, That leave be given to bring in a bill "Concerning James Scott;" and that Messrs. J. Allen, Payne, Brent, Thompson, Simon, Davis, Donaldson and Prunty do prepare and bring in the same. The House according to the order of the day resolved itself into a committee of the whole house on the state of the commonwealth; and after some time spent therein, Mr. Speaker resumed the chair, and Mr. Murdaugh reported, that the committee had, according to order, had under their consideration a bill "Abolishing the superior courts of chancery, and establishing superior courts of chancery," and had made some progress therein, but not having time to go through the same, had directed him to move for leave to sit again. Mr. Terby from the committee appointed on that subject, made the following report: The committee appointed by the House of Delegates to take under consideration a communication from the governor, relating to the defence of the eastern part of this state, have, according to order, examined the subject to them referred, and have agreed to the following resolution: Resolved, as the opinion of this committee, That the Representatives of this State in Congress, be requested, and the Senators instructed to use all proper means to induce the Federal Government to erect and establish all necessary fortifications on the eastern part of this state, and particularly to build a fort on Granby Island, in Elizabeth River. The said resolution being read a second time, was agreed to by the House. On the 23th ult. the following communication was laid before the House of Representatives of the United States: TREASURY DEPARTMENT, January 24th, 1809. Sir—In obedience to the resolution of the House of Representatives of the 14th day of November last, I have the honor to transmit the rough drafts or copies of 584 letters, which include all the instructions transmitted by the Secretary to the collectors of the revenue, and other officers of the United States, previous to the 14th November, 1808, in relation to the execution of the act laying an embargo, and of the several acts supplementary thereto. The exertions used to fulfil the intentions of the legislature, have not, however, been attended with complete success. The embargo has indeed been efficient in preserving the property of our citizens from capture, and, for a limited time, the United States from war. But numerous evasions and violations have taken place; of which the official returns of the collectors herewith transmitted, give but a partial account, although this communication was delayed in order to obtain the information required by the latter part of the resolution of the House. For it cannot be concealed that illegal shipments
Virginia Legislature. EXTRACTS FROM THE JOURNAL OF THE HOUSE OF DELEGATES. MONDAY, Jan. 23. An engrossed bill "To amend an act, entitled an act to organize and establish a superior court of law in each county of this commonwealth," was read a third time and a blank therein filled up; A motion was made to postpone the further consideration of the said bill to the 31st day of March next; And the question being put on the said motion for postponement, it passed in the negative. Ayes 31—Nays 117. Resolved, That the bill do pass, and that the title be, an act "To amend the act, entitled an act, to organize and establish a su-

... explanations of past, ... and ... have been made ... larger amount, than might be inferred from a view of past returns.
I have the honor to be, &c. ALBERT GALLATIN. The Hon. the Speaker of the House of Representatives. Returns of places where violations of the Embargo have occurred. Portsmouth, Frenchman's Bay, Penobscot, Waldoboro, Wiscasset, Bath, Portland, Newburyport, Ipswich, Gloucester, Salem, Marblehead, Boston, Portsmouth, (Mass.) Barnstable, New Bedford, Dighton, Nantucket, Edgartown, Bristol, Providence, Newport, New-London, Middletown, New Haven, Fairfield, Sacket's Harbor, Buffalo Creek, Sag Harbor, New York, Perth Amboy, Philadelphia, Wilmington, (Del.) Havre-de-Grace, Baltimore, Oxford, Vienna, Snow Hill, George town, (Col.) Alexandria, Danfries, Yeocomico, Richmond, Petersburg, Norfolk, Folly Landing, Cherrystone, Camden, Pymouth, (N. C.) Washington, (N. C.) Ocracoke, Wilmington, (N. C.) George town, (S. C.) Charleston, St. Marks.
The Collectors of the following ports have returned, that there have been no violations that have come to their knowledge. Kennebec, Riddiford, Little Egg Harbor, Bridgetown, Presque Isle, Miami, Nottingham, Chester, South-Quay, Edenton, Newbern, Sunbury. No returns received from other places.
CONGRESS.
HOUSE OF REPRESENTATIVES.
FRIDAY, Jan. 27.
Mr. Findley presented a petition from sundry inhabitants of the county of Westmoreland, Pennsylvania, praying a repeal of the embargo, and war against France—Referred.
DEFENSIVE MARITIME WAR.
Mr. Bacon said, that he was particularly induced by a consideration of the sentiments contained in the memorial which had just been read, to offer to the House a resolution touching the subject of our maritime right, and the mode in which it behoved the nation to vindicate their exercise against belligerent aggressions. He had been much gratified that a gentleman from Virginia (Mr. Nicholas) had already laid upon the table a resolution pointing to a speedy limitation of the embargo laws, coupled with a general declaration of our determination to resume, maintain, and vindicate our rights to the free navigation of the ocean. That resolution was however altogether general and unspecific, as to the manner in which this right should be vindicated, or the means by which it should be maintained. It was probably, purposely, and undoubtedly very properly propounded in that general shape, with a view of inducing the offer of such specific propositions as might suggest themselves to gentlemen having in view the same general object. He apprehended, however, that when they came to go into committee on that resolution, it would be found difficult to make it the object of distinct and intelligible discussion, since it pointed to no definite means, by which our rights were to be maintained, or our navigation defended from violence. He had hoped that some other gentleman would, before this, have presented some distinct proposition of this sort to the House, and had waited some days with such an expectation. Having, however, been disappointed in this, he could no longer refrain from the exercise of a duty, which he rose with great diffidence to discharge. The resolution which he was about to submit, was by no means in discordance with that of the gentleman from Virginia. It was merely a specification of some at least of the means by which the general object of that gentleman might perhaps be attained. And in offering it, he wished not to be understood as definitively pledged to the particular course which the resolution points to. So far from being pertinaciously wedded to it, he was ready to give his unbiased attention to any other project which other gentlemen may see fit to propose. That there are great difficulties to be encountered in every view which can be taken of our present situation, is sufficiently obvious, and it is therefore with more than ordinary diffidence that I venture to lay before the house the following resolution:
Resolved, That provision ought to be made by law, from and after the day of its passage, for authorising the commanders and crews of merchant vessels of the United States, owned wholly by a citizen or citizens thereof, to oppose and defend against any search, restraint or seizure, which shall be attempted upon such vessel, or upon any other vessel owned as aforesaid, by the commander or crew of any armed vessel sailing under French or British colors, or acting or pretending to act, by or under the authority of the French or British governments; and to repel by force any assault or hostility which shall be made or committed on the part of such French or British vessel, pursuing such attempt—and to subdue and capture the same and to retain any vessel so seized, which may have been captured by any vessel sailing under French or British colors, or acting, or pretending to act, by or under authority from the French or British governments.
In addition to the general observations made before he offered the resolution, Mr. B. said that he would barely remark, that as to the general principle which it contained, he presumed that it would by no one be mistaken, for submission to the belligerent claims which had been levelled against our maritime rights; it authorised resistance against their aggressions in the most direct and unqualified terms. He might be asked if it was war. He felt no hesitation in saying that it was defensive war, and strictly and wholly defensive as it respected ourselves and our neutral rights. As to foreign nations they were at liberty to take it as they pleased, and might make their election in respect to the manner in which they would meet that state of things which might grow out of it. We claimed nothing of them but the fair exercise of our rights, and if they still chose to interrupt us in it, on them be the consequences; what those consequences should be, it might be for this nation hereafter to say.
To the general principle of the resolution, Mr. B. said that there could be, as he apprehended, but one objection, any way plausible. It was, that it authorised resistance to all search whatever, by the cruisers of the two great belligerents. It was, to be sure, an acknowledged principle of the general law of nations, that neutral vessels were bound to submit to search by the cruisers of belligerents for certain specified purposes, for instance, to examine whether the neutral had on board articles contraband of war, to prevent her entering a port actually invested, &c. And so long as belligerents acted upon this principle, and limited their principles and practices of visitation and search within these acknowledged rules, neutrals were unquestionably bound to submit to it. But when the former claimed to extend this right to an almost unlimited extent, and through it to enforce claims utterly unknown to the law of nations, and inconsistent with the sovereignty of neutral states, it might be very questionable whether the limited right itself was not forfeited; and whether it could be at all consistent with the safety of the neutral to suffer it—That such is the actual state of things in relation to American rights on the ocean, is obvious. Neither Great Britain or France even pretend that their extensive searches and seizures of our vessels are justified by the law of nations, it is avowed to be a mere system of vindictive retaliation upon each other through us. And shall they pretend to hold us to a punctilious observance of all the ceremonial rites of that law, which they both habitually disregard, and avowedly set at defiance as it respects us? From such a state of things we might say as France did to us some years since, and we may say it with much more justice, "that we can find only a real disadvantage." And we might almost be justified in assuming towards them those powers the ground which one of them professes to have assumed towards the other, and to ten them plainly, that against nations which thus set at defiance all principles of neutral rights and forget all the maxims of public law, "what can be done but to forget them for an instant one-self."
Mr. B. said, that he did not feel himself exclusively pledged to this particular course, but as he thought that it was time for some system to be progressing, he wished his resolution to be considered by the House, and put in possession of the committee of the whole, who had under consideration the resolution for repealing the embargo, and resuming the navigation of the ocean.
Mr. Dana said he acknowledged that this resolution did not look like submission. He rejoiced that the gentleman from Massachusetts had brought forward a resolution which looked something like advancing men of business. He did not know that he should vote precisely for this proposition; but it was one which would not terminate in words or in "retirement." When they came to examine this subject, it would be found perhaps that they approached a question of peculiar character; that it might be difficult to draw a line of distinction between a state of positive war, in which we encounter the enemy at all points, and a defensive war —a state in which we seek security for the future, without endeavoring to compensate indemnity for the past. Perhaps (said he) when we approach the subject more closely, it may be proper to make a discrimination on this subject, which has very generally been kept out of sight in the course of our discussions, viz. be we in a war in which the employment of force is strictly defensive , and a war in which it is vindictive . I will not at this time express an opinion on the subject of the resolution; but I rose to express my satisfaction and make my acknowledgment to the gentleman for the proposition, which seems to contemplate beginning a course of doing something.
The resolution was referred to the same committee of the whole to whom was referred Mr. Nicholas's resolution.
The engrossed bill to revive and continue in force for a further time the authority of the commissioners of Kaskaskias, was read a third time and PASSED.
FORTIFICATIONS. The engrossed bill for making further appropriations to complete the fortifications of our sea port towns and harbors, was read a third time and PASSED, without a division.
NAVAL ESTABLISHMENT. The engrossed bill requiring the President of the United States to offer, war or employ a part of the naval force of the United States, was read a third time; and the question "shall the bill pass?" Was decided by Yeas and Nays—Yeas 102—Nays 25.
eral law of nations, that neutral vessels were bound to submit to search by the cruisers of belligerents for certain specified purposes, for instance, to examine whether the neutral had on board articles contraband of war, to prevent her entering a port actually invested, &c. And so long as belligerents acted upon this principle, and limited their principles and practices of visitation and search within these acknowledged rules, neutrals were unquestionably bound to submit to it. But when the former claimed to extend this right to an almost unlimited extent, and through it to enforce claims utterly unknown to the law of nations, and inconsistent with the sovereignty of neutral states, it might be very questionable whether the limited right itself was not forfeited; and whether it could be at all consistent with the safety of the neutral to suffer it—That such is the actual state of things in relation to American rights on the ocean, is obvious. Neither Great Britain or France even pretend that their extensive searches and seizures of our vessels are justified by the law of nations, it is avowed to be a mere system of vindictive retaliation upon each other through us. And shall they pretend to hold us to a punctilious observance of all the ceremonial rites of that law, which they both habitually disregard, and avowedly set at defiance as it respects us? From such a state of things we might say as France did to us some years since, and we may say it with much more justice, "that we can find only a real disadvantage." And we might almost be justified in assuming towards them those powers the ground which one of them professes to have assumed towards the other, and to ten them plainly, that against nations which thus set at defiance all principles of neutral rights and forget all the maxims of public law, "what can be done but to forget them for an instant one-self."
Mr. B. said, that he did not feel himself exclusively pledged to this particular course, but as he thought that it was time for some system to be progressing, he wished his resolution to be considered by the House, and put in possession of the committee of the whole, who had under consideration the resolution for repealing the embargo, and resuming the navigation of the ocean.
Mr. Dana said he acknowledged that this resolution did not look like submission. He rejoiced that the gentleman from Massachusetts had brought forward a resolution which looked something like advancing men of business. He did not know that he should vote precisely for this proposition; but it was one which would not terminate in words or in "retirement." When they came to examine this subject, it would be found perhaps that they approached a question of peculiar character; that it might be difficult to draw a line of distinction between a state of positive war, in which we encounter the enemy at all points, and a defensive war —a state in which we seek security for the future, without endeavoring to compensate indemnity for the past. Perhaps (said he) when we approach the subject more closely, it may be proper to make a discrimination on this subject, which has very generally been kept out of sight in the course of our discussions, viz. be we in a war in which the employment of force is strictly defensive , and a war in which it is vindictive . I will not at this time express an opinion on the subject of the resolution; but I rose to express my satisfaction and make my acknowledgment to the gentleman for the proposition, which seems to contemplate beginning a course of doing something.
The resolution was referred to the same committee of the whole to whom was referred Mr. Nicholas's resolution.
The engrossed bill to revive and continue in force for a further time the authority of the commissioners of Kaskaskias, was read a third time and PASSED.
FORTIFICATIONS. The engrossed bill for making further appropriations to complete the fortifications of our sea port towns and harbors, was read a third time and PASSED, without a division.
NAVAL ESTABLISHMENT. The engrossed bill requiring the President of the United States to offer, war or employ a part of the naval force of the United States, was read a third time; and the question "shall the bill pass?" Was decided by Yeas and Nays—Yeas 102—Nays 25.
[This bill was taken to the SENATE, where, in a few minutes, it received three several readings, and was PASSED without opposition.]
VOLUNTEER FORCE. The engrossed bill for authorising the President of the United States to employ an additional military force, was read a third time; and on the question "shall the bill pass?" Mr. Tulladge opposed it in a speech of an hour and a half.
Mr. Lyon followed on the same side in a speech of an hour. [Debate hereafter.] When the House adjourned without taking the question.
SATURDAY, Jan. 26. A bill from the Senate for the relief of certain Alabama Indians, was twice read and referred to the committee on Public Lands.
A bill to amend the act on the subject of the federal courts of Tennessee and Kentucky was twice read. After a few observations on the subject of the bill, Mr. Wharton moved that it now be read a third time. The bill was read a third time and PASSED without opposition.
VOLUNTEER FORCE. The House resumed the consideration of the unfinished business of yesterday.
Mr. Taylor spoke for an hour in favor of the bill; and Mr. Pakin for two hours and a half against it. When the House adjourned without taking a question.
MONDAY, January 30. Mr. Nelson, from the committee on military and naval establishments, reported no amendments to the bill sent from the Senate "more effectually to provide for the national defence by establishing an uniform Militia throughout the U. States." The bill was committed to a committee of the whole house to morrow.
Mr. Holmes, from the committee of claims, presented a bill concerning Invalid Pensions, which was committed to a committee of the whole house to morrow.
Mr. Newton, from the committee of commerce and manufactures, presented a bill to prohibit in certain cases the entry of foreign vessels into the ports and harbors of the U. States which was read and referred to the committee of the whole house on Wednesday next.
A letter from the Post-Master General was received, accompanying his report respecting unproductive routes and public contracts. Referred to the committee of Post Offices and Post Roads.
The house resumed the consideration of the engrossed bill providing for an additional military force which it was depending on Saturday last at the time of adjournment.
A motion was made by Mr. D. R. Williams, that the said bill do lie on the table; & on the question thereon, it was resolved in the affirmative.
A message in writing was received from the President of the U. S. by Mr. Coles, his secretary, as follows:
"To the Senate and House of Representatives of the United States. I transmit to congress a letter recently received from our minister at St. James', covering one to him from the British secretary of state, with his reply. These are communicated as forming a sequel to the correspondence which accompanied my message to both uses, of the 17th instant."
TH: JEFFERSON. January 30, 1809.
LONDON, November 25, 1808. SIR, I have the honor to send enclosed, a copy of a letter, received last night from Mr. Canning, in answer to my letter to him of the 10th inst. last month.
The tone of this letter renders it impossible to reply to it with a view to a discussion of which it contains; although it is not without farther inadverencies as to facts, & many of the observations are open to exceptions. I intend, however, to combine, with an acknowledgement of the receipt of it, two short explanations. The first will relate to the new & extraordinary conjecture, which it intimates, that my authority was contingent, & the second will refute Mr. Canning's charge that my letter of the 10th of October does not, as he imagines leave unexplained the remark, that the provisional nature of my offer, to make my proposed in writing, arose out of circumstances;" but, on the contrary, that the explanation immediately follows the remark.
The Union is not yet returned from France. Lieutenant Gibbon arrived in London more than three weeks ago, and delivered your letter of the 9th of September, with duplicates of papers in case of the Little William, and copies of letters which lately passed between the department of state and Mr. Erskine.
I have the honor to be, with the highest consideration, SIR, your obt. humble servant, WM. PINKNEY. The hon. James Madison, Sec. &c. &c.
LONDON, December 3, 1808. SIR, I have the honor to send enclosed, a copy of my reply to Mr. Canning's letter to me of the 22d ult. A copy of the letter, to which it is an answer, was transmitted a few days since by the British Packet, and a duplicate has been sent to Liverpool.
The Union is not yet arrived from France, & we have no intelligence of her. I have the honor to be, with the highest consideration, SIR, your most obt. humble servant, WM. PINKNEY. The hon. James Madison.
FOREIGN OFFICE, Nov. 22d. 1808. SIR, I regret exceedingly that an unusual and unintermitting pressure of official business has prevented me from finding an earlier opportunity to reply to your letter of the 10th of last month.
The observations which I have to offer upon some parts of that letter are not, indeed, of such a nature, as to make it matter of any great importance, whether you receive them a week sooner or later, as they refer less to any point of public interest to our two governments than to what has passed personally between ourselves.
But I should have been much mortified if you could have been led to believe me deficient in attention to you; the manner, as well as the substance of the communication which I have had the honor to receive from you, entitled it to the most prompt and candid consideration.
Your understanding of the motives, which induced me to accompany my official note of the 2d of September, with my letter of the same date, is so far imperfect, as that you seem to imagine that the wish to guard against misrepresentation was the only motive which induced me to write that letter; and that, from that motive alone, I should, in any case, have troubled you with it—Whereas, I must have expressed myself very incorrectly indeed, if I did not convey to you the assurance, that, if what had passed between us in conversation had not been referred to by you in your official letter of the 23d of August, I certainly should not have thought it necessary or proper to preserve any written record of your verbal communications, which I understood at the time to be confidential; and which I certainly was so far from attempting to "discommend," that I have no doubt but what I expressed myself (as you say I did) in favor of "the course which you adopted as well suited to the occasion." But you state, at the same time, most correctly, that it was as a "preparatory" course that I understood and encouraged this verbal and confidential communication. I never did, nor could understand it as being intended to supersede or supply the place of an official overture. I never did nor could suppose, that the overture of your government and the answer of the British government to it, were intended to be entrusted solely to our recollections—Accordingly, when the period arrived at which you appeared to be prepared to bring forward an official proposal, I did, no doubt, express my expectation that I should receive that proposal in writing.
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 is in that respect so established and invariable, that I really could not have supposed that a statement 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.
In framing your note, I did not pretend to anticipate how much of what had been stated by you in our several conferences, you would think it proper to repeat in writing—
But, whatever the tenor of your note had been, I should have felt it right to conform strictly to it, in my official answer, avoiding any reference to any part of your verbal communications, except such as, by repeating them in writing, I should see that it was your intention to record as official.
I confess, however, I was not prepared for the mixed course which you actually did adopt. I am persuaded (I am sincerely persuaded) without any intention of creating embarrassment, that of referring generally to what had passed in our conferences, as illustrative of your official proposition, and as tending to support and recommend it, but without specifying the particular points to which such reference was intended to apply; a course which appeared at first sight to leave me no choice except between the two alternatives of either recapitulating the whole of what you had stated in conversation, for the purpose of comprehending it in the answer, or of conforming myself to your written note, at the hazard of being suspected of suppressing the most material part of your statement.
The expedient to which I had recourse, of accompanying my official note with a separate letter, stating to the best of my recollection, the substance of what I had heard from you in conversation, appeared to me, after much deliberation, to be the most respectful to you.
Such having been the motives which dictated my letter, I cannot regret it was written, since it has produced, at a period so little distant from the transaction itself, an opportunity of comparing the impressions left on our minds respectively, of what passed in our several conferences, and of correcting any erroneous impressions on either side.
There are two points in which our recollections do appear to differ in some degree. The first relates to the authority which you had, and that which I understood you to state yourself to have, at the time of our first conference for bringing forward a direct overture, in the name of your government, the second to the expectation which I stated myself to have entertained "more than once," of your opening an official correspondence on the subject of the orders in council.
With respect to the first point you will give me credit when I assure you that my understanding of what was said by you, not only in the first, but in our second conference, was precisely what I have stated it to be in my letter; and you will (I hope) forgive me if, after the most attentive perusal of your letter of the 10th of October, and after a careful comparison of different passages in it, while I am compelled by your assurance to acknowledge that I have misapprehended you, I find grounds in your statement to excuse, if not to account for my misapprehension.
According to your recollections, you told me explicitly, in our first conference, "that the substance of what you then suggested, that is to say, that our orders being repealed as to the United States, the U. S. would suspend the embargo as to G. Britain, was from your government; that the manner of conducting and illustrating the subject (on which you had no precise orders) was your own;" and you even quoted part of your instructions to me which was to that effect.
In a subsequent paragraph you state, that "nothing can be more correct than my apprehension that you did not make, nor profess to intend making an overture in writing, before you had endeavored to prepare for it such a reception as you felt it deserved; and before you ascertained what shape it would be most proper to give to that overture, and how it would be met by the British government."
And, in another part of your letter you admit that, "when you expressed your readiness to make your proposal in writing, it was (as I have stated) provisionally;" and you informed me that, "the provisional nature of your offer arose out of circumstances," the nature of which circumstances you do not explain, nor have I any right to require such an explanation.
But, comparing these several statements together, seeing that in our first interview, you declared no intention of making a proposal in writing—that in our second interview, (a month or five weeks afterwards) you described that intention as "provisional," and contingent, and protesting at the same time (as I do in the most solemn manner) that I cannot find any trace in my memory of any communications whatever of any part of your instructions, communicated to me as such, seeing also that whatever might be the nature and extent of your instructions from the president of the U. States as to the substance of the overtures to be made to the British government, the manner, the time and the conditions of that overture, were evidently considered by you as left to your own discretion—
It surely may be pardonable in me to have mistaken, (as I most unquestionably must have done) the precise limits at which the authority of your government ended, and your own discretion began, and to have imagined, (which I very innocently did) that a proposition over which you appeared to have a power so nearly absolute, was a proposition, in a great measure, of your own suggestion.
I do not mean that I supposed you to bring forward such a measure without reference to the knowledge which you must of course have had of the general feeling, disposition and intentions of your government, but without its specific instructions for that purpose at that time.
In attributing to you this exercise of judgment in addition to the many others, and which it is confessed you were at liberty to exercise, I really intended to convey no imputation disrespectful to you. I can conceive abundance of cases in which it would have been not only excusable, but highly meritorious.
My mistake, at least, was a very harmless one; as, whether the fact were, that you had no precise authority to give in an official proposal, or that you had such an authority, but subject to contingencies which had not occurred, the practical result must be of necessity, the same.
When these contingencies might be, it is not for me to enquire; but, if they were of the nature, of which I now cannot but conjecture they may have been; if the overture which you were authorised to make to the British government, was to be shaped and timed according to the result of any other overture, I am at least not able to account for those appearances, which misled me into a belief of the want of a precise authority on your part. This consideration leads me to the other point, on which alone there appears a difference between us, upon any matter of fact, but a difference by no means so wide as it appears.
Admitting the general correctness of my statement of the expectation which I was
taught to entertain of a written communication from you on the subject of the orders in council, you add that it was however only in Nov. last, immediately after the publication of the orders in council, that you had distinctly announced to me your intention of opening a correspondence upon them; an intention from which you afterwards desisted, "until you should receive the pleasure of your government." The correctness of this statement I do not dispute; but you, I am sure, will agree with me, sir, in recollecting how many times "more than once" since the period of that first intention of yours being announced and withdrawn, my expectations that you were about to "receive the pleasure of your government" upon this subject have been excited, by the notification in America, and the destination hither, of ships employed by the United States, as it was generally supposed, for the special purpose of conveying representations or proposals, from the American government, to the Governments of France and Great Britain, upon the subject of their respective maritime decrees and orders.
Such was the universal belief both in America and in England, upon the arrival of the Osage, upon that of the Hope, of the St. Michael, and of another vessel, named the Union. I certainly have no right to affirm that you shared in the expectation which so universally prevailed. I have no right to say that the government of the U. S. designedly created that expectation. But that it did prevail, and that I very sincerely believed it to be well founded, you I think must do me the justice to recollect; as in one instance at least, that of the Osage, so strong was my persuasion that you must have received instructions from your government that I took the liberty of sending to you to enquire whether you had not some communication to make to me, and received for answer that you had none.
It was to these missions that I particularly referred when I said that I had "more than once expected you to open a correspondence with me upon the orders of council." This expectation it was, that also prevented the sending instructions to Mr. Erskine to reply to the note addressed to him by Mr. Madison on the 23d of March, in answer to that note of Mr. Erskine's in which he communicated the orders in Council, and in allusion to these missions, particularly to that of the Osage, and to the expectation which had been founded here upon the return here of that vessel after its voyage to France, it was, that I made that declaration in parliament which, I see has been the subject of some misapprehension, (I will not say misrepresentation) in America, that "since the termination of Mr. Rose's mission, the American government had not made any communication here in the shape of remonstrance, or in a tone of irritation." I am not aware, sir, that there is any other part of your letter which requires that I should trouble you with many observations. Your report of your answer to the enquiry, which I took the liberty of making, "whether the orders in council of Nov. were known to the government of the United States previously to the message of the president proposing the embargo, so as to be a moving consideration to that message," does not appear to differ, in any material degree, from my statement of it. That your answer to such an enquiry was official, or authorised by your government, I did not assert nor presume. I have already said, that it was not till you had, in your official letter of the 23d of August referred to what passed in conversation, that I should have thought any such reference allowable on my part; and even then the generality of your reference precluded me from judging correctly how much of what you had stated in conversation was from official authority, how much from your own personal information or opinion.
You inform me that your answer to this question was of the latter description only: but, even if it were only from your own individual authority, it was very material, and highly gratifying to learn, that the embargo, which had been sometimes represented, both here and in America, as the direct and immediate consequence of the orders in council of November, and as produced solely by them, was in your opinion "a measure of precaution against reasonably anticipated peril."
The purpose of this letter is not to renew the discussion upon the subject of your proposal, but merely to clear up any misunderstanding which had existed between us in the course of that discussion. I cannot conclude it, however, without advertising very shortly to that part of your letter, in which you argue that the failure of France in the attempt to realise her gigantic project of the annihilation of the commerce of this country, removes all pretext of the continuance of the retaliatory system of G. B.
This impotency of the enemy to carry his projects of violence and injustice into execution, might, with more propriety, be pleaded with him, as a motive for withdrawing decrees at once so indefensible and so little efficacious for their purpose, than represented as creating an obligation upon G. Britain to desist from the measures of defensive retaliation which those decrees have necessarily occasioned. If the foundation of the retaliatory system of G. Britain was (as we contend it to have been) originally just, that system will be justly continued in force, not so long only as the decrees which produced it are mischievously operative, but until they are unequivocally abandoned. And if it be thus consistent with justice to persevere in that system, it is surely no mean motive of policy for such perseverance, that a premature departure from it, while the enemy's original provocation remains unrepented, might lead to false conclusions, as to the efficacy of the decrees of France, and might hold out a dangerous temptation to that power to resort to the same system on any future occasion: A result which, not G. Britain alone, but all commercial nations are deeply interested in preventing.
I have now, sir, only to express my sense of the candor and liberality with which this discussion has been conducted on your part, and my acknowledgements for the justice which you render to my disposition to treat you at all times with reciprocal respect, & to listen to you with the attention, to which personally as well as officially you have every claim.
I cannot forego the hope that it may yet fall to our lot to be instrumental in the renewal of that understanding between our two governments, which is so congenial to the feelings, as it is essential to the interests, of both countries: which nothing but the foreign and unnatural state of the world could have interrupted; and which there is, on the part of the British government, the most anxious & unswayed desire to restore.
I have the honor to be, with the highest consideration, SIR,

your most obt. humble servant. GEORGE CANNING William Pinkney, esq. &c. &c. &c.
GREAT CUMBERLAND PLACE, November 23, 1808.
Sir, I have had the honor to receive your letter of the 22nd instant and to transmit a copy of it to my government.
Without desiring to protract a discussion in the conduct of which neither your sincerity nor mine will, I feel assured, be doubted by any one, I may be permitted to say, that the authority under which I acted in our late communications, was not contingent, as you now appear to conjecture; and that the remark, contained in my letter of the 10th October, "that the provisional nature of my offer, to make my proposal in writing, arose out of circumstances," will be found explained in the same letter by passages which immediately follow the remark.
I have said in my letter of the 10th of October, that "I had no precise instructions as to the manner of conducting and illustrating the subject" confided to my management; but you will suffer me to enter my friendly protest against all suppositions that "the manner, the time and the conditions of the overture were left to my own discretion," that I had the power nearly absolute over it, or that it was "in a great measure of my own suggestion."
I will trouble you no further, sir, on this occasion than to assure you that nothing could give me more sincere pleasure than to see fulfilled the hope which you express, that it may yet fall to our lot to be instrumental in the renewal of a good understanding between our two governments.
I have the honor to be, With the highest consideration, &c. (Signed) WM. PINKNEY.
The Right Honorable George Canning, &c. &c.
The said message and the papers transmitted therewith were read and ordered to lie on the table.
The house then resolved itself into a committee of the whole house on the motion made by Mr. Nicholas on the 24th instant relative to a REPEAL OF THE EMARGO LAWS, and defending our neutral rights on the high seas, to which committee of the whole house was also committed on the 27th instant a motion of Mr. Bacon, for arming the merchant vessels, and to authorise the crews of said vessels to repel by force any attempt to "search, restrain, or seize" the same by any French or British armed vessel, & after some time spent therein, the committee rose, Mr. Bacon, the chairman, reported progress, and had leave to sit again.
The house adjourned about half past 3 o'clock.
Jonathan H. Hubbard, federal, has been elected a representative of Vermont in Congress, by a majority of 15 votes; and Mr. Chamberlain, likewise federal, in the room of Mr. Fisk, by a majority of 169.
EXTRACTS OF LETTERS.
ANNAPOLIS, Jan. 24.
This day two of the Transports with troops for New Orleans sailed from this place—while here, the citizens gave the officers a splendid ball, and treated them with every attention due to the defenders of our LIBERTY.—On leaving the port, they were saluted by Capt. Muir's artillery, by the direction of the commander in Chief, with seventeen guns.
ANNAPOLIS, Jan. 25.
Yesterday, Gen. Wilkinson arrived here in the Charleston Packet, Wolf, and this morning he left town in high spirits, with the residue of the troops. On leaving the port, he was saluted by Capt. Muir's Artillery, by the direction of the Governor, with seventeen guns.
HARTFORD, Jan. 25.
Spotted Fever.—The following cases of sudden and alarming mortality have recently afflicted the family of Mr. Thomas Shepard, Jun. in the parish of Wintonbury.
Mary, aged 4 years, died 8 hours after the commencement of the disease on the 10th instant. Henry, aged 25 years, in 21 hours, on Wednesday the 11th inst. Mrs. Wealthy Shepard, aged 45, wife of Mr. Thomas Shepard, Jun. in 13 hours, on Wednesday the 11th inst. Wealthy, her daughter, aged 6 years, in 20 hours, on Thursday the 12th inst.
These unfortunate victims to a disease, the most formidable that has ever afflicted our country, died in 57 hours from the time the first became affected. Events so disastrous, speak to all a language too plain to be misunderstood. They afford demonstrative evidence of the uncertainty of human expectations, and of the frailty of human life.
Merbury. NOTICE.—I shall offer my services, the ensuing election, to the Freeholders of the Senatorial District composed of the counties of Albemarle, Amherst, Nelson, Fluvanna & Buckingham. If the people think proper, to elect me to represent them in the Senate, I will strive with all my ability, to serve them faithfully.
Wm. WOODS BAPTIST. Albemarle, Clover Field, } January 31, 1830. 4t
PURSUANT to a deed of trust, duly recorded in the court of Chesterfield, will be offered for sale, for cash, on Monday, the 13th inst. at the court-house of said county, one negro man named BEN, one black GELDING, and one bay STUDCOLT, (the property of Stephen Branch,) or so much thereof, as will satisfy Valentine Winfree, the sum of thirty-six pounds, with interest at cost.
Wm. FENDLEY, Trustee. Chesterfield, February 3. 3w
BY virtue of a deed of trust, executed to the subscriber, on the 20th day of January, 1826, by Richard Johnson, and recorded in the county Court of Albemarle, to secure the payment of a debt due by said Johnson, to McCredie, Higginbotham & Co. I shall proceed, on the first Monday in March next, (being Albemarle court day,) to sell, to the highest bidder, for ready money, at the front door of Triplett T. Estes's tavern, in the town of Charlottesville, the following Slaves, viz: Waggoner, John, and his wife Rose, to one Mary. Being only interested as trustee, I shall convey such title only as is vested in me as such.
GEORGE GARETT. February 3. 3w
PURSUANT to a deed of trust, executed to the subscriber, by Patterson Fletcher, for the purpose of securing a sum of money, as expressed in said deed, due to Daniel Triplett, of the city of Richmond: Will be sold, for ready money, at the front door of Triplett T. Estes's tavern, in the town of Charlottesville, on Monday, the 6th day of March next, being Albemarle court day: One Negro Slave, by name ANDREW, Acting as trustee for the benefit of others, I will only convey title vested in me as such.
JOHN WINN, Jr. Trustee. February 3. 3w
THE ENQUIRER.
RICHMOND, FEBRUARY 3, 1809.
On Tuesday, the amendments of the House of Delegates to the Execution Bill were agreed to by the Senate.—This law is in the following terms:
AN ACT
Concerning Executions, and for other purposes. [Passed Jan 31, 1809.]
1. BE it enacted by the General Assembly, That the defendant or defendants, shall have power to stay execution upon any judgement or decree for money, which hath been or shall be rendered, either by a court or justice of the peace, by tendering to the court or justice of the peace by whom judgement shall have been rendered, within sixty days after the rendition of any judgement hereafter to be rendered, or within sixty days from the commencement of this act, as to any judgement or decree heretofore rendered, bond with sufficient security, payable to the plaintiff, or plaintiffs, his, her or their executors, administrators or assigns, in double the amount of the demand, conditioned to pay the principal interest; Provided always, that the said bond and security may be given, either in court, or in the clerk's office of said court at any time within the aforesaid sixty days.
2. And be it further enacted, That when any distress for rent due in money shall be made, the tenant may stay proceedings on such distress, by giving like bond with sufficient security, to the sheriff or other officer levying the same, payable to the landlord, his executors, administrators or assigns, which bond it shall be the duty of such officer to deliver to the landlord, his agent or attorney; or to return the same to the clerk's office of the county, or corporation in which the distress shall have been made, within thirty days thereafter.
3. And be it further enacted, That no execution shall issue upon any replevy bond, bond given for property sold on twelve months credit, or forfeited forthcoming bond hereafter executed, provided, the obligors or their legal representatives shall give like bond and security to the court, or if that be not lodged in the clerk's office of the court which by law now is, or hereafter shall be authorised to enforce the payment of such bond, within sixty days after the passage of this act, or before such replevy bond shall become due, or execution be awarded on such forfeited forthcoming bond.
4. And be it further enacted, That every unsatisfied execution for money, which at the commencement of this act, shall be in the hands of any sheriff, or other officer, may be stayed in the same manner as a judgement; Provided, the bond and security be given for such purpose before the officer proceeds to sell.
5. And be it further enacted, That the bonds taken in pursuance of this act, shall have the force of a judgement, and be assignable, and upon the expiration of this act, may be acted upon as twelve months replevy bonds may be proceeded upon when due.
6. And be it further enacted, That all proceedings shall be suspended upon any decree rendered by any court of chancery for the sale of personal property, and also all proceedings by any trustee on any deed of trust, may be stayed in the same manner as a judgement may be stayed by virtue of the first section of this act; in which case the bond with security is to be given in the name of the creditor to the trustee or commissioner; Provided nevertheless, That nothing in this act contained shall be so construed as to extend to any deed of trust, mortgage, or other lien on real or personal estate, given or created to indemnify any person or persons as security, or to secure the repayment of any money paid by any person or persons as security for another or to secure the payment of any sum or sums of money, received by another as attorney, sheriff, sergeant, coroner, constable, guardian, executor, administrator or committee of an idiot or lunatic, or other person of unsound mind, or as receiver, or trustee under any order or decree of any court of law or equity.
7. And be it further enacted, That if at any time the obligor or obligees, his, her or their executors, administrators or assigns of any of the bonds to be taken by virtue of this act, shall think the security insufficient, or likely to become so, he, she or they, as the case may be, shall have power upon giving ten days notice to the principal debtor or debtors, his, her or their executors or administrators, if to be found in the county or circuit, and if not to be found, on a five days notice, to move the court, to stay whose judgement or execution the bond and security shall have been given, for new security, which if the court award, and the defendant or defendants, his, her or their executors or administrators, shall fail to give, he, she or they, as the case may be, shall be deprived of the benefit of this act, and the bond theretofore given, shall be proceeded upon, as if this act had expired. The landlord, his executors, administrators or assigns, shall have the same remedy against his tenant, his, her or their executors or administrators, as to insufficient security, before the court of that county or corporation in which the distress was made.
8. And be it further enacted, That any security to bonds, given by virtue of this act, his, her or their executors or administrators, shall have power (with like notice) to require counter security, and upon failure of the principal debtor or debtors, his, her or their executors or administrators, to give such, he, she or they shall forfeit the privileges of this act, and execution may go against the principal debtor or debtors, his, her or their executors or administrators, in favor of the creditor, and for the relief of the said security or securities, who, nevertheless, shall remain bound to the original creditor in terms of their bond.
Provided, always, That no judgement, execution or sale shall be stayed, until bond, with security, according to the provisions of this act, shall have been given, and that this act shall be construed to apply only to judgements for money arising upon contracts heretofore entered into, and to judgements for money, which have been or may be rendered in suits where the cause of action shall have accrued before the passage of this act; but that it shall not extend to judgements in actions of slander, assault and battery, trespass and actions on the case founded in tort, and that it shall not apply to any judgement which shall be, or may have been recovered by any person or persons, his, her or their executors or administrators, as security against another, or to any judgement which shall be, or may have been recovered by any person or persons, his, her or their executors or administrators, as security against the principal debtor or debtors, his, her or their executors or administrators, or to any judgement which hath been, or shall be rendered or given in favor of any person or persons, against another, for any sum or sums of money received as attorney, sheriff, sergeant, coroner, constable, guardian, executor, administrator or committee of an idiot or lunatic, or other person of unsound mind, or as receiver or trustee, under any order or decree of any court of law or equity, or to any judgement which hath been or shall be recovered by the state, or to any judgement which hath been or shall be recovered against a sheriff, under sheriff or other public officer, or their securities, or the heirs, executors or administrators of such sheriff, under sheriff or other public officer, or their securities, for any other delinquency whatsoever, or to any judgement which hath been, or shall be obtained by any bank established by law, or to any judgement or execution moved or issued by the Mutual Assurance Society against fire on buildings of the state of Virginia, or by any body public or corporate, against delinquent subscribers to their capital stock.
9. And be it further enacted, That nothing in this act contained shall be construed as to prevent any plaintiff or plaintiffs, his, her or their executors, administrators or assigns, whose judgement or execution may be stayed by this act, from resorting to his, her or their original security or securities, his, her or their executors or administrators, for the recovery of his, her or their original debt or demand; Provided, due diligence be used after the expiration of this act to enforce the payment of such bond or bonds, as to him, her or them, may be made or given, under the authority of this act; nor shall any such bond be regarded as a satisfaction of the debt or demand, on account of which it shall be so made or given, until the same shall be actually paid.
10. Be it enacted, That such original security his, her or their executors or administrators, may at any time, move for counter security in the same manner, as the securities mentioned in the eighth section of this act. And, in case the principal debtor or debtors, his, her or their executors or administrators, fail to give such security, then execution may immediately issue against such principal debtor or debtors, his, her or their executors or administrators, and his, her or their last security or securities, in favor of the creditor, and for the relief of the said original security or securities, who nevertheless shall remain bound to the creditor, in the terms of his, her or their original contract.
11. And be it further enacted, That in case any defendant or defendants shall fail to give such bond and security as is authorised by this act, until after the sheriff or other officer shall have levied any execution, which to him shall have issued, the sheriff or other officer, who shall so have levied the execution, shall be entitled to the same commissions heretofore were allowed on taking replevy bonds, and may issue his tickets, and have the same remedy for their collection against such defendant or defendants, as heretofore was given against the plaintiff in such forth-comings; And in such case, the sheriff or other officer shall deliver to such defendant or defendants, the property so taken in execution upon his, her or their producing and delivering to him a certificate from the clerk certifying such execution, that bond with security hath been given according to the provisions of this act.
12. And be it further enacted, That the clerk of any court, or other officer, shall be entitled to sixty-three cents for each bond he may take under the authority of this act, to be paid by the defendant or defendants executing such bond, and collected in like manner as fees for other services.
13. Be it further enacted, That before any defendant or defendants, shall avail himself, herself, or themselves, of all or any of the provisions of this act, he, she or they shall pay off and satisfy all costs which shall have accrued upon the judgement, decree, execution, sale, or other proceeding to be paid.
14. And be it further enacted, That in all instances where any person, who, under the provisions of this act, is authorised to stay proceedings on any judgement, deed of trust, decree, execution, distress, or upon any forthcoming bond, replevy bond taken on distress for rent, or on levying an execution, or bond given for property sold on twelve months credit, by giving bond with security, in the manner heretofore directed, shall fail to avail himself of the indulgence, all property taken by virtue of such judgement, execution, decree, deed of trust, and upon every such forthcoming bond, replevy bond taken on distress for rent, or on levying an execution, or bond given for property sold on twelve months credit, the time and place of sale being previously duly notified, shall be sold to the highest bidder and bond or bonds from the purchaser or purchasers, unless he, she or they shall be the creditor, with sufficient security, shall be taken by the officer, or other person or persons conducting the sale, payable to him or them to whom the money may be due, or to his, her or their executors or administrators, in double the amount of the purchase, conditioned for the payment of the amount purchased by the purchaser or purchasers, with interest on so much thereof as shall be sufficient to satisfy the purchase, payable at the expiration or repeal of this act: And the said bond or bonds shall have the force of a judgement, shall be assignable, and when due, may be proceeded on as twelve months replevy bonds may be proceeded on when due.
15. And be it further enacted, That upon all mortgages and deeds of trust, where proceedings shall be delayed by the debtor giving bond with security, or where the property shall be sold, as prescribed by this act, the lien on the property so mortgaged or conveyed in trust, shall not be removed, until the bond so given shall be discharged; and when such discharge shall be in consequence of payment by the security or securities in any such bond, his, her or their executors or administrators, he, she or they so paying, shall reacquire the right, and be substituted in the place of the original creditor or creditors holding such lien, and a sale may take place at the instance of the one, as it could have done at the instance of the other, had such payment not have been made.
16. And be it further enacted, When by virtue of this act, property shall be sold on a credit, to expire with the expiration or repeal of this act, where the property shall sell for more than the sum due from the debtor or debtors, the sheriff or other person making sale thereof, shall take bond with sufficient security, payable to the debtor or debtors, his, her or their executors or administrators, in double the amount of such excess, conditioned for the payment thereof, which bond shall have the force of a judgement, and at the expiration of this act, the same proceedings shall be had thereon, as are had on twelve months replevy bonds when due.
17. And be it further enacted, That the act entitled "An act concerning the sale of property under execution and incumbences," passed the first day of February, in the year of our Lord one thousand eight hundred and eight, shall be, and the same is hereby repealed, except so much thereof as was intended to be perpetual.
18. This act shall continue in force till the rising of the next General Assembly.
19. This act shall be in force from the passing thereof.
TO JOHN TAYLOR, ESQ. OF CAROLINE.
Sir,
I am sorry that it is not in my power to accompany the following letter with such comments as it deserves. I shall attempt to pay you my respects in my next paper.
I am not astonished, Sir, at the pertinacity and spite which your composition breathes. It would be a pity to deprive thee of the benefit of abuse who have not the power to injure. It is the proverbial privilege of Monks and old women to rail. You are welcome to all the benefits of this accomplishment.
The stile of your letter is infinitely below any thing I even could have expected from Mr. John Taylor of Caroline. Horn Tooke was led to reproach Julius with use of "mean and illiberal expressions," none of
his letters. Julius was forced to confess that "if any coarse expressions had escaped him, they were unfit for Julius to make use of." I am not disposed to insult Julius by any odious comparisons; but if any of his expressions be "coarse and illiberal," what epithet shall be applied to your composition? It is far below the dignity of any gentleman who maintains any sort of standing in this country. It is by far the most scurrilous piece that ever disgraced the columns of this paper—a few passages in "One of the Protesters" alone excelled.
James Elliot of Vermont has been ridiculous enough to inform us, that if Mr. Giles does not accept the appointment of Secretary of State, it would perhaps be rendered to yourself. Perhaps he is the only man in the nation, except one, who has been idle enough to associate your capacities with the duties of this office.
But I am really afraid, sir, that this composition may ruin you in the estimation of your only adherent. It is questionable, whether even the dignity of Mr. E. would not revolt from the appointment of such a writer to such an office. "Ex tibi vigo noui Mercurius," will burst spontaneously from his lips.
And yet you, sir, have assumed the moral chair for my benefit. You have professed to give lectures on the purity of the press. For shame, sir! Wha, right have you to utter precepts, when you set such examples? With what face can you complain of the licentiousness, the "filth," the "calumniating spirit" of the press, when you are not ashamed to send such productions into the world? Is this the way in which "old" age amends the "errors" of the "eager" & the "young"?—For my own part may I never profit by such lessons!
One word more, sir,—In the following piece you have attempted to convict me of falsehood as to the manner in which your first letter saw the light. I shall therefore lay before you the very polite note in which Mr. Stanard requests the delivery of your letter. You will see that Mr. S. positively declares that he was authorized and requested by you to apply for this precious morsel. The thing was subsequently published without my knowledge or consent.—There is certainly a falsehood or mistake between you!! It is indifferent to me where it lies.
EDITOR.
SIR, I am authorized by Col. John Taylor of Caroline, to apply to you for a letter written by him to you some time since, relative to your having introduced his name into your paper, for reasons best known to yourself. This description of the letter will perhaps be sufficient to designate the letter alluded to, and will enable you to comply with his request. The bearer is authorised by me to receive the same.
I am with due respect, EDWARD C. STANARD. Mr. Thomas Ritchie. January 12th, 1809
CAROLINE, Jan 22.
Sir, Because you have happened to skip upon the shoulders of a majority with these labels streaming from your mouth;
1. Upraised with conscious worth above the crowd I Thomas Ritchie scream for fame aloud. 2. O yes! O yes! O yes! Behold the arbiter Of public merit, and the boom of private character.
3. I made Madison president; Huzzah for myself; Does this self-bestowed diploma, give you the privilege of squinting fish, in a Hotten tot conjurer, upon whomsoever you please? Are we liable to schoolmaster correction, and bound to kiss the rod of a pedagogue editor without murmuring? because caustic delights to mangle innocence, ought innocence to be patiently mangled? Forgive me, thou self-consecrated typographical apostle, as your holiness has dragged me from a corner, where I thought myself safe in obscurity, for meekly doubting your supremacy, and humbly questioning the correctness of your receipts.
However a habit of high-seasoned diet may have impaired your relish for plain truth and common sense, I must entreat you to swallow the following narrative:—You accused me by name in your newspaper, of not having transferred my preference of Mr. Monroe to Mr. Madison, on account of private griefs. I remonstrated by letter. You suppressed my remonstrance, and suffered your calumny to retain all its force. Having only shown a copy of this letter to one or two friends, after I found you above doing right, I dismissed the affair from my mind, until one of my sons, called to Richmond by business informed me, on his return, that Mr. Stanard wished me to give him a copy (for I had one) of this remonstrance. I refused to do so; observing that Mr. Ritchie had the original, and I had no objection to Mr. Stanard's publishing it with his consent; and subsequently no one act has taken place with my knowledge! Until this day, I never heard that my son had communicated this answer to Mr. Stanard; and I am still ignorant of the terms in which he has done it. You delivered my letter to Mr. Stanard, and in your paper of the 14th instant, unblushingly endeavored to hide two of your own vices, namely, a calumniating spirit, and an inordinate vanity, by charging them on me; yet, you say, that you delivered it to one "too contemptible for your notice, with an expectation of its being published, and to meet investigation." Who does not discern, in these motives for its delivery, a self-civil opinion, that your polemical powers were equal to the vindication of falsehood, and that you wished to excite a controversy, where you expected victory would be easily won, and laurels certainly gathered? and who can discover a want of delicacy in me, because you, from such motives, delivered my letter for publication, without my knowledge?
And pray, thou exquisite judge of delicacy, where was the delicacy of your suffering my supposed silence to be construed into guilt, with the means in your hands of removing the delusion. By writing a letter, I confessed to you the duty of withdrawing the injury, or publishing the defence. Such a conduct would have imposed on a man of chastity and honor the other alternative. Your mind could only discern in it an opportunity of increasing the injury to the individual, and propping the delusion you had foisted on the public.
By what means Mr. Stanard heard of this letter, I am ignorant. I am hardly known to that gentleman, and never had any communication with him, his message excepted. Had I shrank from that, no man would have sooner ascribed it to a consciousness of deserving your charge, than yourself; for in the bitterness of disappointment, you pronounced it to be indicative to deprive you of a false inference, because a three months suppression of my letter, had entitled your calumny to rob me of character, as the sinuate
of limitations robs of property. However, being willing to leave you in the enjoyment of this delicious morsel of mental food, I refused the copy asked for, and referred the disposition of the original wholly to yourself, without dreaming that you would quarrel with me for being left to do as you pleased.
To assuage this testy humour, permit me to entertain you with an anecdote, I heard Doctor Franklin tell about 30 years ago. A newspaper edited in Philadelphia, though dull, contained a succession of abusive essays, under the fictitious signatures of a Quaker and a Presbyterian. The circulation of the paper and the rage of the sects continued to increase, until the danger of popular tumult became imminent; when the prudent men, on both sides waited on the Editor to demand the authors, who honestly confessed, that he had no religion himself, but had written the essays merely to make his paper sell; upon which discovery, the two parties, before prepared to cut each other's throats, became instantly good friends. Now as one half of this original genius seems to have transmigrated into you, by imbuing some contra-editor with the other, you may without a deeper tincture of principle, than the same genius had of religion, regenerate by the copy, the blessings restored on society by the original, finely illustrate your talents, and also "make your papers sell."
The remembrance of this anecdote suggested my remonstrance, for I really wished both for the sake of the public and of yourself, that you could find some other way to make your papers sell."
Major lies go pleasantly when first mounted, but the rider is so apt to imbibed a disposition to kick and spur or to grow giddy, that they generally become restiff and throw him or he falls of himself from a defect in his head. Instead of attempting to gourd one into a violent gait, get first into the assembly, speak often, suffer the discipline, of two or three sessions, and you will thenceforth discern the folly of self-sufficiency.
The stile of the "things" as you wittily term my letter in your no-touing of January the 14th is at your service; and whilst you abolish falsehood and truth, these appellations will be correct. Either the stile or the matter however, has both inspired you with a poetical vein, in that which ought to have been plain narrative and also demonstrated the acrid state of your stomach.
By declaring that you would have printed my first letter, if I had desired it, you seem to have an idea of justice, and therefore I request you to publish this answer to your attack, in the 14th, or to withdraw it and let me alone; else, the latter, I would greatly prefer, for so far from being induced like yourself by a foolish fondness for scribbling to attack others, it is even irksome to defend myself. I submit it, to pay a public duty, for I do not see why calumniators any more than other tyrants should require innocence to stand mute as a pretext for condemnation, nor any public spirit in encouraging public lying, by submission.
Don't, oh! upright editor, refuse to publish my answers, professedly, because you chuse to call them as you do the letter, "keen, elegant, indicate, things, vain, game flourers, sweet," you have omitted "bitter," but really that they may not confront your calumnies; do not confess that these cannot without a weak defence; you would damn your own indictments before a great inquest in preventing it from seeing any defence at all by driving me into another paper, which few of the same inquest may read. The investigation you covet, can't not surely be done to be made only by yourself.
Be tempted at least to grant my request, by the golden opportunity it will afford you, of emptying out a cargo of words, printed in italics to ad ornare of their smartness, & scattered about, as if you kept them in type in a separate cell ready for your composition, to be placed in blanks left occasionally in your compositions, for the purpose of receiving this chance-medley wit.
I am undoubtedly, one of Your best friends.
JOHN TAYLOR. THOMAS RITCHIE, Esq.
The following Communication has been laid before the House of Delegates. RICHMOND, 21st Jan. '09.
Sir,—The Executive of the U. States having appointed me to a majority in the 5th regt. of Infantry, I have deemed it a paramount duty, in the present crisis of our foreign relations, to obey the call which has been made upon me; and to place myself in the military service of my country.
I beg leave, therefore, through you, sir, as the organ of the body over which you preside, to submit this circumstance for its consideration and disposal, in relation to the seat which, lately, I had the honor to occupy, and to assure the House of Delegates, that the high consideration which I have always entertained for the patriotism of its deliberations, can never be impaired by any adventitious circumstances of absence or distance—while, also, to you, sir, permit me to tender a very high and unfeigned respect.
TULLY ROBINSON.
Appointment by the General Assembly of Virginia. Col. James Breckenridge, Brigadier General, vice Andrew Moore, Esq. appointed Major-General.
The Letter of the Scotchman in Philadelphia, and the reply of the American in Richmond—in our next.
Being compelled by disease, and other circumstances, to leave the state, for a more southern climate, and not having finished my business, I now inform all who are interested, that Mr. Edwin Upshaw, of King & Queen, is fully authorised to act for me, & in my behalf. Those to whom I am indebted, will make known their claims, which will be paid or secured. Those indebted to me, will be called on by Mr. Upshaw, to whom they will make payment, or other arrangements as agreed on. Wm. UPSHAW. January 31.
CURVEY or STAUNTON.—Notice is hereby given, that on Thursday, the 24th day of March next, the Surveyor of Augusta county, will commence a Survey of the town of Staunton, under the direction and superintendence of the Mayor and Recorder.
The object of this survey is to ascertain accurately, and establish permanently, the boundaries of the town, its streets, alleys and lots. It is directed, by an ordinance of the Commrs. Hall, & the Mayor and Recorder, are authorised to take and record evidence, respecting any doubtful lines in said boundaries.
All persons interested, are required to attend. C. JOHNSON, Mayor. January 3. oaw4w
NOTE, the Manifest for the following and of TOBACCO—
Rivanna I. Q. No. 114—110—1451 nett in favor of John Quarles—said amt. is stored at the Public Warehouse. All persons are forward to purchase the above mentioned tobacco, and the finder will be rewarded, if required, by delivering it to Samuel Myers.
MINER QUARLES. February 3. 1w