The enquirer (Richmond, Va.), 1809-12-01 00:00:00

The Enquirer.
Vol. 6.
RICHMOND, FRIDAY, DECEMBER 1, 1809.
[No. 59.]
Wanted, a good JOURNEY-MAN PRINTER , and an APPRENTICE of respectable connections.
TWO hundred NEGROES for sale.—Will positively be sold at Christopher Owen's Tavern, in the town of Urbanna in Middlesex county, the above quantity of Negroes belonging to the estate of Philip L. Grymes, Esq. of Branton, dec'd. among which are, House-Servants, Cooks, Carpenters, Blacksmiths, Coopers, &c. &c. and also, 4 or 5 Carts with Chains, &c. and 24 of the most valuable Oxen belonging to said estate.
Thirty of the above Negroes will be sold for each, the balance with the Oxen, &c. will be sold on a credit of nine months, the purchaser giving bond with approved security.
The Sale will commence on the 9th of January next. (If fair, if not, the next fair day.) and will continue from day to day till all are sold.
The cash sales will commence on the first day.
All legal creditors are requested to purchase the amount or any part of their respective claims.
ROBERT WEST, Administrator, &c. of PHILIP L. GRYMES, dec'd. Woodville, Gloucester, Nov. 23.
WASHINGTON TAVERN —The Subscribers inform their friends and the public in general, that, at considerable expense, they have had a variety of improvements added to the Washington Tavern, so as to make a large and commodious house, suitable for the accommodation of gentlemen with, or without families; the part suitable for the accommodation of families, being entirely separated from the public part of the tavern—where they may live private, or as much so as they might wish. Being well prepared with good rooms, beds, &c. as well as with a large convenient stable near the yard—they flatter themselves, from the long experience they both have had in this line of business, that there will be no difficulty in giving general satisfaction. Assurances are given to pay the utmost attention to all those who may favor them with their company.
N. B. We are also prepared to accommodate 25 or 30 Members of the Legislature, this winter.
ODEN & MOORE. Richmond, Nov. 28.
In order to complete the residue of the Requirements of the Decree of the honorable High Court of Chancery, for the Richmond District, dated the 20th June, 1809, and published in this paper from the 22d August to the 19th September inclusive, & an additional decree, dated the 22d September, 1809, in the cases of William Marshall and Thomas Taylor, guardians of Eleanor and Lavinia Dandridge, orphans of Wm. Dandridge, dec'd. and others.
Against— Wm. Dandridge, administrator of Wm. Price, deceased, Lucy Price, widow of Wm. D. Price, Alexander Price, John Morris Price, and Anna Price, infant heirs of the said William Price, deceased.
And also in conformity with a further decree of the aforesaid court, dated the 2d September, 1809, in the case of Matthias Jordan.
Against— The same defendants as above. We, or one of us, will positively proceed to sell, on the premises, at public auction, on Tuesday the 12th day of December next, at 11 o'clock A.M. if fair, if not, the next fair day, at the said house—The Blue House and Lot, on the street or Shockoe Hill, mentioned in the first decree, which the late register Wm. Price, purchased of John Britain, subject to the claim of Mrs. John Britain, for a supposed right of dower, she never having relinquished any claim which she might have in the event of her living longer than her said husband—and, immediately thereafter, two Lots of Ground near the Federal Spring, known by the numbers 17 and 18, in Duvall's addition to the city of Richmond, and three Lots near the late residence of Wm. Price, on Shockoe-Hill, known by the numbers, in judge Washington's addition, on 11, 12 and 13, on two years credit, from the day of sale, with interest from date; bonds with approved security will be required, or so much thereof, as will be sufficient to satisfy Wm. Marshall and Thomas Taylor, Esqrs. guardians as aforesaid, the residue of the original sum decreed in their favor of $1400, with interest and costs of said suit; and Matthias Jordan in the sum of $500, with interest from the 1st day of January, 1809, till paid, and the costs expended by him in said suit, and also to discharge the balance of the expenses of the previous and said sales, yet unprovided for as authorized by the aforesaid decrees.
JOHN PROSSER, WM. MONCURE, } Commissioners. November 28.
In pursuance of the will of Tobias Jackson, dec'd. will be sold, at auction, on the premises, on the 23d of next month, the part of the LOT , in Richmond, on the main street, leading from the Market Bridge, on which the House, formerly occupied by Nancy Battles, stands, together with as much of the space of ground as is between the said house and the house in which the deceased resided, at the time of his death, which will belong to the part on which the first mentioned house stands, when the said space of ground is equally divided between the said two houses, out of which part, to be sold, is to be excepted the grave yard wherein the late wife of the deceased is buried. The dwelling house will be sold before the day of sale. A credit of six and nine months will be given the purchaser, upon his giving notes, negotiable and payable at the bank of Virginia, with approved endorsements, and a deposit of trust on the ground, to secure the payment of the purchase money, in case the notes should not be punctually paid.
All persons having claims against the estate of the deceased, are requested to bring them in properly authenticated, in order that provision may be made for the payment. Those indebted, will please to make payment.
ROBERT HYDE, Executor. November 28.
VALUABLE LAND—FOR SALE —The subscriber, intending to remove to one of the southern states in the course of fifteen or eighteen months, offers for sale, the tract of LAND on which he now dwells. It contains, by a late survey, about six hundred and eighty acres, of which six hundred and fourteen, are yet in woods. The soil is peculiarly suited to the production of wheat, and is excellent for corn and tobacco. The situation is remarkably healthy, and is only one mile from the navigation of Appomattox. Those who wish to purchase a good tract of Land , at a reasonable price , are invited to view this property. It should not be sold, by private contract, before the sixth day of January next, it will then be put up to the highest bidder, at Farmville, on a credit of one and two years.
PETER JOHNSTON. Prince Edward, Nov. 28.
In Pursuance of an order of Henrico Court, Notice is hereby given, that the court of the said county, will, at the next term, proceed to make distribution of the proceeds of the sales of the estate of Charles Britain, late of the said county, deceased, among his creditors; the said estate having been committed to the hands of Wm. Price, late sheriff of the said county, for administration, and the proceeds of the sales being in the hands of his late deputies, at which time, those interested will please to attend the court.
BENJ. SHEPPARD, Late Deputy for Wm. Price, late Sheriff. November 28.
JUST RECEIVED , one piece fawn coloured KERSEYMERES , suitable for Ladies Dresses—Apply to C. FAIRCHILD, Merchant Taylor. November 23.
N.B. On hand a constant supply of ready made Clothes, such as super fine Coats, Surtrouts, Waistcoats and Pantaloon of good workmanship and newest fashions.
NOTICE is hereby given, that I shall petition the next General Assembly of the State of Virginia—to relinquish to me the Common-wealth's right, to a tract or parcel of land lying in the County of James City, formerly the property of Peter De la Croix dec'd.
WILLIAMSBURG, Nov. 23. WM. COLEMAN.
ADVERTISEMENTS —Will be sold to the highest bidder, on the 6th day of December next, at the late dwelling house of John Carr, dec'd. L. M. eighteen or twenty likely Virginia born Negroes, consisting of men, women and children—on a credit of twelve months, the purchaser to give bond and security.
THOS. D. CARR, Ex'r Albemarle, Nov. 17.
WANTED to purchase or hire, a good house SERVANT —Apply at the Enquirer Office. October 31.
A CARD — DOCTOR LEWIS , lately from the West-Indies, has opened his Office, at Manchester, in the house of Mr. L. Bishop, for the practice of Physic, Surgery, and Midwifery . He hopes from his success and experience, to merit the patronage of liberal public.
N. B. Private families may be supplied with Medicines, with suitable directions. Advice for the poor, gratis.
MANCHESTER TURNPIKE COMPANY. The Annual Meeting of Stockholders, will be held at Brooks's Tavern, in Manchester, on the first Monday in December next. Such members as cannot attend in person, will, it is expected, appoint their proxies. The undersigned requires to be furnished, so soon as possible, with the necessary evidence of shares sold and purchased, since the last meeting, in order that transfers may be made on the company books and shares duly represented.
JAMES BRANDER, CLK. November 7.
NEW STORE. The Subscriber is now opening opposite the Globe-Tavern, a general assortment of Piece and Fancy Goods, amongst which are Superfine and Common White and Colored Habits, Broad Cloths, Cambric Muslins, Do. do. Cassimeres, Plain and Leaded Mull Do. do. Coatings, Do. do. Fancies Vesting, Spider Nett, & Faney Red and Black Bombazets, Crapes, do. Worsted, Cotton and Knotted & Sprig Leno Silk Hosiery, Diagonal and Veined Ginghams, Cotton do. do. Shirting, Elegant Worked Dresses, Irish Linen and Dowlass, Ditt Silk Shawls and Fine and Common Handkerchiefs, Printed Calicoes, Black plaid and plain Velvets Cords, Umbrellas, Threads, Plain Silk and Fancy Sewing Silks, Extra Cut Velvets, White Long White and Colored Satin and Crepe.
JOHN WOOD. November 14.
ON the 21st day of December next, if fair, if not, the next fair day, will be sold, at the dwelling-house of the late George Garner, in the county of Westmoreland, about sixteen likely NEGROES, and the present year's crop of corn, &c. which property will be sold pursuant to a deed of trust, made by George Garner for the purpose of securing the payment of his debts. The sale will be on a credit of twelve months the purchasers giving bond with approved security. If the negroes and crops do not sell for a sufficient sum to pay the debts of the said Garner, the subscribers will, on the day after the sale of the negroes and crops, sell all or so much of the land conveyed in trust for the above purpose, as will make a sum sufficient for the payment of the debts of the said George Garner. All such creditors as may exhibit their claims to the subscribers before the said 21st of December next, properly authenticated, and which the subscribers may consider legal and just, may purchase at the said sale, and shall be allowed a discount of their claims, against their purchase.
THOS. STOWERS, JAMES COX, } Trustees. Westmoreland County, October 24.
NOTICE —The subscriber being extremely desirous of settling his affairs, in this place, particularly in relation to paying his creditors—Offers for sale, until the 24th December next, privately, or if not so sold, before that day, will then sell at public auction, on the premises, all his HOUSES AND LOTS , on Carey Street. Or he will barter said Property, for Lands in the Western country at a small proportion of the value of said property, by being paid in cash. And on said day and place, will sell all his Household and Kitchen FURNITURE, &c. Should any person incline to treat for said property before the said day of sale, by application to the subscriber, they will be shown the premises.
JAMES HUNTT. November 14.
FOR SALE , on the premises, on the 22d day of December next, if fair, if not, the next fair day, all the real and personal ESTATE of Wm. Poore, dec'd. consisting of the LAND on which the widow now resides, Negroes, Horses, Cattle, Hogs, Sheep, and all the Household Furniture, and farming Utensils—a small crop of Corn, &c. A credit of twelve months will be given upon all sums over ten dollars, all under, cash—The purchaser giving bond with approved security, to carry interest from the date if not punctually paid.
ROBERT POORE, Administrator of WM. POORE, Dec'd. Powhatan, Nov. 24.
GLOBE TAVERN —The subscriber having taken the Globe-Tavern, and furnished it in the best manner, informs his friends and the public, that every attention calculated to accommodate and please those who call on him, shall be paid.
A few genteel boarders can be accommodated. RATES, &c. Annual Boarders 40/ per year. One dollar per day for gentlemen. Half a dollar per day for Horses, and All other charges equal moderate. PETER MOSELEY. November 24.
N. B. A few members of the Assembly may be comfortably provided with board.
LOUDOUN LAND FOR SALE. FOR SALE, on Thursday, the 21st of Dec. next, on the premises, the
TRACT OF LAND , on which the late Judge Mason resided, in Loudoun county, with about 25 SLAVES , and the stock of Horses, Cattle, & Hogs, on the estate. The tract contains nearly two thousand acres, & possesses many advantages which entitle it to the attention of those who may wish to reside in that highly improved part of the country. Two more adjacent mills are in the neighborhood, one on the adjoining estate, and the other within two miles. It is 35 miles from Alexandria, and forty from George-Town. The new turnpike from Alexandria, crosses a corner of the land, and terminates at the nearest merchant mill. The tract is remarkably well watered, Little river passing through the middle of it, and many small streams on each side, emptying into that river. About 50 or 60 acres are already well set with timber, and at least 300 are capable of being made excellent meadow. It will be divided into tracts of different dimensions, to suit the convenience of purchasers.
A credit of one, two and three years will be allowed; bonds with approved security and a deed of trust on the land, will be required. The Negroes are supposed to be very valuable, some of them being good house servants, and the others principally young men and women. For them the same term of credit will be allowed.
JAMES MONROE, Executor of the late JOSEPH JONES, the Elder. Albemarle, Oct. 27.
FOR SALE, 30 Hhds. Brown Sugar, 50 boxes fresh Raisins, 100 bbls. do. do. 50 boxes Soap, 20 Hhds. Loaf Sugar, 10 casks Sherry Wine, 15 000 Prime Green 10 do. Malaga do. Coffee, 30 bags Pepper, 2000 Yards Twilled 25 bags Race Ginger, Sacking, 100 ream Writing Paper, 10 Ton Hoop Iron, 15 boxes Chocolate, 60 lb. Sewing Silk, Blistered Steel, 6 Hhds. Rye Whiskey, Shot, Shoes, Gauging 10 Gross Eagle Playing Cards, Rods, Winter Strained Oil, 3 Boxes refined Salt, &c. &c. Petre, 15 bbls. Tanner's Oil, APPLY TO— HOVEY & SIZER. November 24.
ALL those who have legal claims against the estate of Alexander Frazier, dec'd. will be pleased to exhibit them duly authenticated to Jno. McDonald, administrator, or to Peter Ralston, who is authorized by me, on or before the first day of January next, to enable him to make provision for their payment. As there are some wearing apparel and other articles which were left with the deceased to be cleaned and dressed, the owners of them will please call at J. McDonald's, and take them away.
FOR SALE , twelve likely SLAVES , in families; among the number, a genteel young Room servant, and an excellent Seamstress. For further particulars, enquire of Thomas Norvell of Richmond.
FASHIONABLE BOOT & SHOE-MAKERS. The Subscribers next door above Messrs. Prosser and Moncure's Vendue-Office, have commenced the manufacture of Boots and Shoes , of the most fashionable shapes , neatly and faithfully made out of the best materials , selected with much care and attention in Philadelphia—Those who may favor them with their custom may rely upon being neatly fitted , and promptly attended to.
Orders from the Country shall be duly executed and are respectfully solicited. And they trust that by their assiduity and attention they will merit a share of patronage in the line of their profession.
CAMPBELL & PAUL. Two Appr. nices from 12 to 15 years of age, wanted. November 14.
NOTICE — MUTUAL ASSURANCE SOCIETY —ANNUAL GENERAL MEETING. The Annual General Meeting of the Mutual Assurance Society against Fire on Buildings of the State of Virginia, will be held by adjournment, at the Capitol, in the city of Richmond, on the second Monday in December next, (being the eleventh day of December.)
SAMUEL GREENHOW, Principal Agent M. A. Society. Richmond, Nov. 24.
P. S. As much inconvenience and unnecessary expense results from the present mode of collecting the contributions of the members, which annually diverts a considerable part of those contributions from the uses for which they were intended, burdens individuals with heavy costs and greatly delays the collections, to the injury of the credit of the society; the general meeting at their last annual session, applied to the legislature, to authorize a more certain and less expensive mode of collection—their application was rejected, under an impression, that the members of the Society might not approve this act of their proxies. Having been informed that a similar proposition will be submitted to the consideration of the next General Meeting, and believing some amendment in that respect necessary to the prosperity of the Institution, I have thought it proper to give this public notice there of.
SAMUEL GREENHOW, P. A. Other printers in the state, are requested to insert the above in their papers, till 11th Dec. next.
I HAVE REMOVED TO RICHMOND. BENJ. POTTS. October 31.
Domestic.
REPORT
Of the committee charged by the citizens of Michigan, to examine the different forms of territorial governments.
The committee charged to enquire into the different forms of territorial governments in the United States, submit the following report.
There appear to have been nine territories under the government of the U. States, seven of which still exist.
 1. The territory known by the denomination of "the territory of the United States north west of the river Ohio."  2. The territory known by the denomination of "the territory of the United States south of the river Ohio."  3. The territory of MISSISSIPPI.  4. The territory of INDIANA.  5. The territory of COLUMBIA.  6. The territory of ORLEANS.  7. The territory of LOUISIANA.  8. The territory of MICHIGAN.  9. The territory of ILLINOIS. 
The form of government in the first of these, the territory north west of the river Ohio, and which has afforded the precedent for most of the others, was prescribed by an ordinance of congress made under the confederation. It appears to have been framed while the convention which gave to America her present constitution of government, were in session, and before any idea of the result of their deliberations could have transpired; and this circumstance will explain some of the peculiarities of the instrument.
It professes to make a compact between the original members of the confederacy, and the future inhabitants of an uncultivated wilderness, a compact necessarily on one side, for want of a second party; but which certainly pledged the national faith to many important covenants; the greater part of which, however, received a more solemn sanction in the constitution itself, or were superceded by the provisions of that instrument. Among these were the establishment of religious freedom, and of the political rights of the writ of habeas corpus , the trial by jury, legislative representation, and the correct and impartial administration of justice. An indissoluble connection was declared to subsist between the republic, and the primary powers of the confederation. An equitable proportion of the revolutionary debt was to be defrayed by the inhabitants; and the whole burthen of national expense was to be sustained by them, under a common apportionment with the people of the other states. The federal right to the soil was scrupulously fortified, and the free use of those superb navigations connected with the Saint Lawrence, and the Mississippi, was impregnably secured; exempt from tax, impost, or duty. Exercising an early, and a wise forecast, the existence of slavery , that black and putrid stain on the American character, by an act of pure and sublime virtue, was eternally inhibited! In short, the whole instrument is stamped with an aspect which bespeaks it the act of a free and generous people; anxious indeed, to preserve the geographical magnitude of their empire, but at the same time anxious to spread and diffuse the holy principles of liberty.
Humane and provident the regulations in contemplation certainly were; but an immediate enjoyment of the civil privileges, attached to the character of an American citizen, was however impossible. The axe of savage warfare was suspended over the land. The legislative power, incapable of being exercised by the people ; was confided, as a temporary trust, to the anomalous departments of the executive and the judiciary . That, even during so short an emergency, tyranny should find no avenue of entrance; the model of every legislative regulation was to be sought among the wise institutions of the original and revolutionary states . A model however of republican government, on a scale more sublime than antiquity could boast of, and on a basis more solid than the monarchies of modern ages can pretend to, was about to burst upon the view of mankind. Under its auspices the savage hordes retreated before the American banner; and the closing acts of the administration of WASHINGTON sealed the tranquility of this western world.
The principles of republican representation were then reduced to operation and practice; and the territory north west of the river Ohio, acknowledged the equitable sway of a body of sages, elected by the public suffrage, from its internal population.
At the outset of the government of the territory north west of the river Ohio, and while in its primary grade, the impossibility of adjoining , compelled its administrators, into the necessary but illegitimate course , of making the legislative regulations. Quick as the sensibility of a republic, on the approach of danger , or at the aspect of tyranny ; like other portions of mankind, her citizens are slow to learn in times of tranquility and peace. Accordingly the inconveniences of a legislative power, under extraordinary and so awkward a modification , have been perpetuated, after reason had proved its inconsistency; and transplanted to other governments, when experience had demonstrated its inadequacy.
The liberality of the republic of North-Carolina, presented to the confederated government another fertile and extensive domain. To this country the same principles of government were applied; but a short period beheld the sister states of Tennessee and Ohio, expanding the circle of the American union.
The extent of the southern and western possessions, requiring a continuance of the system of territorial government, those of Mississippi and Indiana succeeded to the two former, denominated from their relative position to the river Ohio.
A territory destined to the permanent sway of the federal authorities, and to hold forever in its bosom the depositories of the national power, came also under the general jurisdiction.
The principles of the ordinance were
changed in their application to the southern governments; but no arrangement consistent with the principles of liberty, has been made for the territory of Columbia.
To the territories north west of the river Ohio, south of the river Mississippi and Indiana, have since succeeded those of Orleans and Louisiana, Michigan and Illinois.
Regarding the ordinance of the year one thousand seven hundred and eighty-seven, as an ordinary act of regulation , the articles of compact alone excepted , its provisions have been successively changed. The territory of Indiana has been advanced to the second grade , without reference to its population. It has been allowed a qualified representation in the general government, on the basis of a popular election. The executive and judicial departments of the territory of Louisiana, have been authorised to make, instead of advising laws. The general government has defrayed the expenses of legislation in the territory of Orleans; and so far as regards the house of representatives of the United States, a consent has
been given to the territory of Michigan. Your committee, therefore, recommend the adoption of a second grade of government, for the territory of Michigan, so constituted as that, instead of the executive and the three judicial magistrates appointed by the general government, adopting the laws , five representatives, elected by the people , should make them; and a representation in congress, conformable to the general territorial system. Retaining the power of disapprobation in the legislature of the United States, the exercise of an executive veto , or the interposition of a consular branch , are deemed for the present superfluous. Limiting the daily compensation to a dollar and twenty-five cents, and restricting the number of days to twenty-five in the year; the arrangement is too much within the principles of economy, to admit a doubt of its being cheerfully accredited by the general government.
The committee subjoin a list of the laws they have referred to on this subject.
1787 July 13 An ordinance for the government of the territory of the United States, north west of the river Ohio. Laws of the U. States vol. 2—page 559.
1789 Aug. 7 An act to provide for the government of the territory north west of the river Ohio. L. U. S. vol. 1—page 52.
1790 April 2 An act to accept a cession of the claims of the state of North Carolina, to a certain district of western territory. L. U. S. vol. 1—page 92.
1790 May 26 An act for the government of the territory of the United States, south of the river Ohio. L. U. S. vol. 1—page 118—Poirier's edition vol. 1—page 196—Edition of Childs.
1790 July 16 An act for establishing the temporary and permanent seal of the government of the United States. L. U. S. vol. 1—page 132.
1792 May 8 An act respecting the government of the territories of the United States, north west and south of the river Ohio. L. U. S. vol. 2—page 125.
1796 June 1 An act for the admission of the state of Tennessee into the union. L. U. S. vol. 3—page 361.
1798 April 7 An act for an amicable settlement of the limits with the state of Georgia, and authorising the establishment of a government in the Mississippi Territory. L. U. S. vol. 4—page 90.
1800 May 7 An act to divide the territory of the United States north west of the Ohio, into two separate governments. L. U. S. vol. 5—page 139.
1800 May 10 An act supplemental to the act entitled, "an act for an amicable settlement of the limits with the state of Georgia; and authorising the establishment of a government in the Mississippi territory." L. U. S. vol. 5—page 164.
1801 Feb. 27 An act concerning the District of Columbia. L. U. S. vol. 5—page 268.
1802 Feb. 18 An act extending the privilege of franking and receiving letters free of postage, to any person admitted or to be admitted to take a seat in Congress as a delegate, and providing compensation for such delegate. L. U. S. vol. 6—page 10.
1802 April 30 An act to enable the people of the eastern division of the territory north west of the river Ohio, to form a constitution and state government, and for the admission of such state into the union on an equal footing with the original states, and for other purposes. L. U. S. vol. 6—page 120.
1803 Oct. 31 An act to enable the president of the United States, to take possession of the territories ceded by France to the United States, by the treaty concluded at Paris, on the 30th of April last, and for the temporary government thereof. L. U. S. vol. 7—page 3.
1804 Mar. 26 An act erecting Louisiana into two territories, & providing for the temporary government thereof. L. U. S. vol. 7—page 112.
1805 Jan. 11 An act to divide the Indiana Territory into two separate

 governments. L. U. S. vol. 7—page 241.  1805 Mar. 2 An act further providing for the government of the territory of Orleans. L. U. S. vol. 7—page 281.  1805 Mar. 3 An act further providing for the government of the District of Louisiana. L. U. S. vol. 7—page 304.  1808 Jan. 9 An act extending the right of suffrage in the Mississippi Territory and for other purposes. L. U. S. vol. 9—page 14.  1808 Feb. 6 An act extending the right of suffrage in the Indiana Territory. L. U. S. vol. 9—page 54.  1809 Feb. 3 An act for dividing the Indiana Territory into two separate governments. L. U. S. vol. 9—page 208.  1809 Feb. 27 An act extending the right of suffrage in the Indiana Territory, and for other purposes. L. U. S. vol. 9—page 235.  Michigan, Oct. 16, 1809. District court of the U. States, for the district of Pennsylvania. November 20, 1809. PRESENT JUDGE PETERS. UNITED STATES vs. TOY, SCHULL AND SOMERS.
This was an action brought by the district Attorney for the recovery of a bond of 17,586 dollars, given to the United States 31st of December 1808 during the embargo—concerning the cargo at the port of Charles-ton (S. C.) It was admitted that the bond was forfeited—inasmuch as the ship, on leaving the capes of Delaware, steered direct for the West Indies, but it was contended that the bond could not be recovered, as double the amount of vessel and cargo was only 7,586 dollars. The district Attorney contended, that the bond was clearly legal, as the law did not prohibit the collector from taking more than double the amount, although it directed him not to take less, and that moreover it was not improbable in the present case that the taking of the bond for seventeen instead of seven thousand dollars was a mistake in filling up the bond—that it had been voluntarily signed and that the United States were entitled to recover.  His honor Judge Peters, charged the jury that the bond was illegal and of course that they would find for the defendants.  The jury retired for about half an hour & returned into court, with a verdict for the United States—The opinion of his honor to the contrary, notwithstanding. We do not understand that his honor sent the jury out of court more than once, or that they were threatened to be carted to the verge of the state for differing in opinion with the judge.  The defendants have moved for leave to show cause why a new trial should not be granted. As the judge has declared that he had no hesitation in declaring the bonds to be illegal, we presume a new trial will be granted, the unanimous opinion of 12 men on their oaths and affirmation to the contrary in any wise notwithstanding.
On Friday the 10th inst. arrived at New Bedford, the ship Belvidere, of Boston, William Hathaway master, from London, in ballast. Captain Hathaway states, that on his passage, October 25, being in lat. about 48, N. and long. 40 30, W. of London, at 10 P. M. he was taken possession of, after a chase of sixteen hours, by the French schooner privateer, which they called Lize, of Rochelle, Louis Flagelle, owner and supercargo on board. After firing a number of shots, the Belvidere hove to, and the privateer being then within hail, fired two shot which passed between the masts of the Belvidere a little above her hull. They detained the Belvidere until the 26th, at four P. M. when they dismissed her. In the mean time they robbed captain Hathaway of two barrels of pork, half the beef he had on board, one barrel of bread, half his potatoes, all his cheese, four casks of water, most of his porter, and his live stock, a quantity of new sail cloth, and old canvas sail, twine, bales, one barrel tar, the ships camboose, or which they gave a poor one in exchange. They took the stern boat, oars, and tackles, the kedge anchor, one top gallant mast, ranging compass and cabin lamp, carpenter's tools, and sundry other articles—say hooks, thimbles, marine spikes, all his spun yarn, some mats, points, robins, and some cordage. They also took all the letters, carried them on board the privateer, and after opening them and examining their contents, delivered them up again. Flagelle informed captain Hathaway that by the laws of France, he was a good prize, and he treated him exactly as he would an Englishman under similar circumstances. On the whole as the Belvidere was neither burned nor carried into a French port, but permitted to proceed, Captain Hathaway considers the above named Louis Flagelle very honorable for a Pirate.  We learn that the Boatswain on board the privateer, who was most active in the pilage, was an American!!
To the Editor of the Merc. Advertiser.  SIR,
As our government is procuring arms, the following extract of a note in Col. Macdonald's translation of the French Tactics, is worthy of attention.  "To avoid the inconvenience of turning the Ramrod in loading, such as striking it against the faces, heads or arms of the men in the other ranks, or letting it fall; the Prussians do not turn it, and therefore wad in less time than they would by turning it. The ramrod is made cylindrical, and to prevent increase of weight, is made equally thick at both ends, and small along the rest of its length.
"The touch hole or vent of the Prussian musket, which is shaped inwards like a truncation; renders the motion of priming unnecessary, as the piece primes itself from the conical construction of the vent, the external orifice of which is not wider than it generally is; in ramming, the powder passes in sufficient quantity into the pan; no powder is spilt in priming, the whole charge enters into the barrel; time is saved, and the effect of the shot is more powerful. The Austrians, at first, ridiculed this improvement, and afterwards imitated it.  "In the Prussian services, a piece of leather is sewed round the barrel, where the hand holds its loading, to enable the hand to hold it heated as it will become after twelve quick discharges."
NEW YORK, Nov. 24.  CHARTER ELECTION.  Thursday Night, 10 o'clock—The federalists with the assistance of their colleagues, have obtained what will be called a triumph! We have reason to believe they have eight wards out of ten! The republican candidates in the Wards obnoxious to nominations, are all in the majority. The Federalists have prevailed in the cause of the BRITISH PARTY!! P. Adv.  Dr. Torbert, at present a candidate for the office of Alderman, in the Seventh Ward, ascertained, from documents, that the fees received by the Mayor of N. York amounted to 15,000 per annum. He brought forward a resolution in the corporation, that the council should petition the legislature to permit those fees to go into the city treasury, and to allow the Mayor a salary of 5,000 dollars per annum. The resolution was referred to a committee. Alderman Mott, as deputy Mayor, presided; but contrary to the usual mode of proceeding as practised in all parliamentary and deliberative assemblies, Mr. Torbert was excluded from the committee; of course such persons were appointed who never reported on the resolution. The 15,000 dollars received by the Mayor, are exacted and come out of the pockets of our butchers, carmen and grocers. These things should be known.  Public Advertiser.
We stop the press to announce, that the bill to prevent insurance by foreigners, has passed the house of delegates—there is no doubt of its becoming a law. It is proper to remark, that the house divided upon it as a party question. The federalists voted in favor of it, the London Phoenix Fire Insurance Company—Maryland Republican.  LYNCHBURG, November 18—On Tuesday last the inhabitants of Lynchburg enjoyed, for a few moments, the satisfaction of seeing Mr. Jefferson among them. This visit, however, being exclusively on business, he stopped only at his Merchant's and in less than an hour returned to his estate about ten miles from this place. During the short interval that he remained in town, a lively and pleasing sensation was very discernible on the countenances of every description of people, and an agreeable bustle seemed to pervade the whole street, every one appearing solicitous to get a glimpse of the estimable and distinguished individual whose arrival was announced. Several groups of citizens were seen formed, all of whom were animated by a similar sentiment of admiration and attachment, and by an eager desire to evince, in some appropriate way, their grateful respect for the character of a Fellow-Citizen, to whose virtues Republican America is so much indebted. With unanimous concurrence, it was determined that he should immediately be invited to partake of a public dinner on the following Saturday; by which time several gentlemen of the neighborhood, being apprised of the circumstance, might be gratified with an opportunity to attend; and some military arrangements might be concerted, to render the contemplated testimony of respect more impressive. Two gentlemen were accordingly deputed to wait on Mr. Jefferson, and know if it would be agreeable and convenient to him to accept the proposed offering of popular esteem and social regard. This was done; but, to the infinite concern of the inhabitants Mr. Jefferson, who received their application with much benevolence and affability, informed these gentlemen, that he was under a necessity of leaving the neighborhood prior to the day suggested. In a very few minutes after this interview he left town.  It seems a subject of general regret among the citizens of Lynchburg that they were not fortunate enough to obtain an opportunity of sharing on this occasion, the cordiality and unanimity with which they participated the patriotic and grateful sentiments that in a recent instance animated their fellow-citizens of Richmond under similar circumstances. Besides their veneration for the individual who was the immediate object of their attention, and their wish to add one more to the many proofs, which the people of America have already exhibited, "that Republics are not always ungrateful;" they were desirous, at a moment when they beheld their country perseveringly assailed by foreign aggression, to make a public expression of attachment to the past and present administrations; of perfect approbation of the measures pursued by their Government to obtain redress; and of their steady determination to acquiesce in every privation, & strain every nerve, for the security of national Independence. Star.
WASHINGTON, Nov. 27.—Gen. Turreau, the French Minister, has arrived in this City.
NORFOLK, November 24.—The following extract of a letter from Captain VICKERY, of the ship Eliza of this port, furnishes another instance of Napoleon's justice, and of his friendship for this country. Our ships captured & their crews imprisoned; others destroyed or ransomed (we think they call it) would pass for war; but this is the way that Napoleon vindicates the "liberty of the seas." The letter from which this extract is made, was written by capt. Vickery to Mr. James B. Timberlake, purser of the United States' schooner Enterprise , cruising off the Texel, and by the latter transmitted to the owners of the Eliza . This ship was cleared, and destined originally for Amsterdam, had the French consul's certificate of origin, and every document that could be required; her cargo cost here eighty two thousand dollars, and the ship was worth about twenty thousand. Ledge.
"PATMOL, September 11, 1809.—'Twas but yesterday that I was certain of your being at the Texel, and I am now truly sorry to inform you of my being in this part of the world, in the situation that I am at present. I was captured on the 10th of August nearly abreast the Eddy alone, bound to Tonningen, by a privateer belonging to St. Maloes, by name Jean Bart, a lugger and 30 men, about the size of my long boat, and brought into this place where I now have been 30 days, and it is but three days since I have been allowed liberty to go out of my ship. My officers and men have been confined in prison, they could not treat us worse if we were prisoners of war. Had I been bound to England, I should not think so much of it, but being bound to an alien's port, it is galling to be thus treated—I am here and here I must remain, for I cannot obtain a passport to go out of this place; they have discharged my cargo and put it into magazines, under the keys of the commissioners of the customs."
We some time since published from a Western print, a circumstantial statement of the circumstances attending the unfortunate death of Governor M. Lewis. Information, which we have since received, induces us to think that the statement in several respects incorrect. Perhaps the two following letters will explain the particulars of his death in a more satisfactory manner than anything hitherto published. It is, however, necessary to notice that Governor Lewis descended the Mississippi from St. Louis, early in September. His object was to repair to this city by way of New Orleans. On his way down the Mississippi, he became deranged in his mind, and made some attempts on his life; but the people in the boat secured him, and landed him at the Chickasaw Bluffs. It seems that he soon recovered, and proceeded on his journey overland.
Extract of a letter from a gentleman, dated Nashville Tennessee, 18th October 1809.  "I am sorry to inform you of the death of Governor Lewis, which took place on the morning of the 1st inst. at the house of a Mr. Grinder, about twenty five miles from here, on the Natchez road. He arrived there the evening before; the man of the house was from home. About 3 o'clock, the woman of the house, who slept in a house near the other, heard two pistols fired. She awoke the servants, who pushed into the room, & found the unfortunate Governor weltering in his blood. He had shot himself in the head, & just below his heart; he died in about three hours. Major Neely went to the Chickasaw Bluffs, where he had remained behind to hunt two horses, which they had lost the night before, soon after came up he had him interred, and took into his care and possession two trunks, said to contain his valuable papers; among which, is said to be his journal to the Pacific Ocean, and perhaps some vouchers, which he was taking on for settlement. Major Neely has his pistols, rifle, watch, &c. His servant John Purvis, will proceed on early in the morning with letters to Mr. Jefferson from Major Neely, communicating to him the particulars of this unhappy affair. I lament extremely the unfortunate fate of this worthy character."
Extract of a letter from Governor M. Lewis, dated Chickasaw Bluffs, 22d Sept. 1809.  "I must acknowledge myself remiss in not writing you an answer to several friendly epistles, which I have received from you since my return from the Pacific Ocean. Continued occupation in the immediate discharge of the duties of a public station will, I trust, in some measure plead my apology."
"I am now on my way to the city of Washington, and had contemplated taking Fort Adams and Orleans in my route; but my disposition has induced me to change my route, and shall now pass through Tennessee and Virginia. The protest of some bills, which I have lately drawn on public account, form the principal inducement for my going forward at this moment. An explanation is all that is necessary. I am sensible, to put all matters right. In the mean time the protest of a draft, however just, has drawn down on me at one moment all my private debts, which have excessively embarrassed me."
DAVID B. MCLELLAN, Esq. has been chosen Governor of the State of Georgia, vice Jared Irwin .
Europe.
LATE AND IMPORTANT LONDON NEWS.
Last evening arrived at this port the new and fast sailing ship Hercules , Captain Vose, 31 days from Liverpool, which port she left on the 21st of October. Captain Vose and the passengers, have very politely favored the Editors of the MERCANTILE ADVERTISER, with London papers, Lloyd's Lists, and Prices Current, to the 19th of October, inclusive, (two weeks later than our former advices,) from which we have extracted the most important articles.
The papers contain the important news of a peace having been signed between France and Austria, at Altenburg, on the 3d of October, and that Bonaparte was on his way to Paris. We are not in possession of the terms of the peace; but understand, from the passengers in the Hercules , that the Emperor of Austria resigned every thing but Hungary and Bohemia.
Our London papers do not furnish us with advices from Spain and Portugal, later than our former accounts. The island of Walcheren was still in the possession of the British, who have sent out several physicians to attend the sick, and fresh troops to reinforce the garrisons.
A change in the British ministry has also taken place. Mr. Perceval succeeds the Duke of Portland as prime minister. Mr. Canning has resigned, and is succeeded by Lord Bathurst; and Dundas Saunders fills Lord Castlereagh's station. Several other changes are spoken of, among whom is Lord Grenville.
We also find, in a paper of the 14th Oct. the following paragraph; that "the American ship Horace passed Elsinore on the 29th Sept. having on board Mr. JOHN QUINCY ADAMS, the newly appointed minister to the court of St. Petersburg from the U. States. The Horace , notwithstanding the importance of her charge, was compelled by the British government to pay the Sound dues, before she was permitted to proceed on her voyage."
LONDON, Oct. 12. It is reported that Talleyrand had incurred Bonaparte's displeasure, who had divested him of the office of Great Chamberlain.
LONDON, October 14.—Two hundred and forty vessels, laden with Russian produce, have arrived in our ports, so that our markets will overflow with hemp, tallow and other Russian articles.
In consequence of licences being within this week resolved to be granted to import grain or flour from France or Holland, there are six hundred licences and upwards, now in the office of the Earl of Liverpool, waiting for his signature.
LONDON, October 14.—The Exton gun brig, Lieut. Forbes, has sent into Yarmouth the American ship Vesta , bound to Tonningen, with a valuable cargo. She is expected to be condemned, not having been provided with a licence.
In consequence of the unsettled state of Spain, the fine wools of our own growth are on the advance; they have already reached 6s. per lb.
Government, we understand, have already discharged upwards of 700 sail of transports, a large proportion probably of which will enter into the coal trade, and thereby, in a short time cause a reduction in the present high price of that important article of consumption.
Oct. 16. Mr. Perceval, we understand, wrote a letter to her royal highness the Princess of Wales, formally announcing his appointment as first Lord of the Treasury. In this letter the new Premier condoles with her royal highness on the loss sustained by the Administration in being deprived of the splendid talents of Mr. Canning, but takes occasion to assure her, that it was not his fault, as he had offered to agree to any arrangement that Mr. Canning might suggest, by which a third person might have been placed at the head of the Treasury, and he trusted that her royal highness would see in this a satisfactory proof that it was not from selfish considerations that he had accepted of this situation. Her royal highness, in answer to the letter, expresses her thanks for the communication, and her extreme regret at the resignation of Mr. Canning. She concludes by complimenting Mr. Perceval on his courage in undertaking so arduous a task as the administration of public affairs in a moment of such unprecedented difficulty. It is indeed Mr. Perceval's hopes to be able to fill his place with effect, he is, indeed, entitled to the praise of courage; but we do believe, that his most sanguine friends expect that any thing but some great and unforeseen accident can enable him to stand his ground one week after the meeting of the Parliament. We have not heard of any accession of talent, rank, character, and fortune, since the appointment of Mr. Crocker to the office of Secretary to the Admiralty, in the room of the Hon. W. Pole, and even that cannot be considered a new acquisition. In fact, the Premier is more naked and deserted than he even appears to be; for the few changes that have taken place have not introduced a new friend, and even of some of his colleagues who remain in office, they are a more for show than use; as Earl Bathurst, Earl Camden, and Lord L. Gower, only retain their seals until their successors are appointed. In fact, as we stated some time ago, the Earl of Liverpool, Lord Eldon, and Perceval, are the only Members of the Cabinet who are determined to stay in until they are driven out.
Thus Mr. Perceval's Ministry resembles a besieged town, with a straitened garrison, in which the Commander is reduced to every possible expedient to mask his weakness and impose upon the besieger; for which purpose we find, from military history, jack-boots are sometimes planted so as to look like guns, and the men are ordered to present themselves upon the walls occasionally, in new uniforms, that their numbers may thus be multiplied in the eyes of the enemy.
PEACE BETWEEN FRANCE AND AUSTRIA.
The public are at length awakened from the vain and delusive hope, so fondly cherished by the War Faction—the tribe of Loan-Mongers—the Remitters—the Money Changers—the Contractors—the Peculators—the Stop-Sellers—the Provision Merchants—the Cannon Merchants—and their venal mouth-pieces and trumpeters—The Times—The Post—The Courier—and the other hiring scribbles of Lloyd's and Whitehall. Of peace between France and Austria we never doubted; nor did we ever hesitate to avow an opinion which seemed so entirely consistent with probability. Where, now are the varlike preparations—the cunning—the diplomatic delay of Austria; the renewed contest for the last stake of Germany; with which, not ten days ago, the spirits of the War Faction were cheered by the London news-papers—those pure fountains of truth and probability? Will the futility of further contest with France ever reach the minds of those "true believers," of these sapient articles? We greatly fear, that there is more of wilful than of mental blindness in the political commercial War Junta. Mahomet propagated the doctrines of Islamism by the sword; but for England it was reserved, in the 19th century, to propagate commerce by the same gentle and persuasive argument.
The following summary is from Portuguese papers to the 27th last month:
Venegas was at Carolina on the 8th, with 26,060 infantry; the cavalry in La Mancha.
Romana arrived at Badajoz on the 14th of Sept. and proceeded on the 16th to Seville. The army of Galicia was shortly expected at Cindad Rodrigo.
The French, who occupied Coria, have retreated into the interior of Spain. Ney's army is in Salamanca. That of Soult consists of 8,000 men, and its head-quarters are in Placentia. Gen. Mortier has 10,000 men, and his head-quarters were at Talavera on the 10th of Sept. Victor has 20,000 men and his head-quarters are at Toledo. Sebastiani has 1,000 men, and his head-quarters are at Fuenlabrada.
The head-quarters of the English army are at Badajoz—an advanced division is at Lobon—and another at Merida. The bridge of Almaraz is defended by 8,000 men. The Duke de Parque, with a considerable force, has occupied Ciudad Rodrigo, where the army of Galicia is shortly expected.
On the 1st of Sept. Geronia was relieved by the arrival of 6,000 beasts, with provisions and ammunition, conveyed by 6,000 men. The fire against Geronia has ceased.
The expectations of the Spaniards are high, and their language as usual, confident and lofty.—But Napoleon, at length released from his labors in Germany, may naturally be expected very shortly in Madrid. That reinforcements from France are pouring into Spain, through the Pyrenees, is folly to doubt; and judging of the future by the past, we apprehend, that ere the present year concludes, the probability of success by the universal Spanish nation will no longer be credited, even at Lloyd's.
FRENCH AND DUTCH PAPERS.
AMSTERDAM, Oct. 11.—His majesty yesterday received the happy intelligence, that peace between Austria and France was signed on the 3d of this month at Altenburgh.
This happy event has been announced to day to the inhabitants of the capital by discharges of artillery, which have been repeated many times during the day. The Royal Flag was also hoisted in token of rejoicing.
According to the latest reports, Lieutenant Col. de Tabor, Ad. de camp to Marshal Dumonceau, has, with a detachment of chasseurs, driven away the enemy, who were in North Beveland, made five sailors prisoners, and burnt two canoes.
The royal fleet under the command of Marshal Verhuel, which has been in sight of the enemy since the seventh of this month, under the Sand Creek, has reconnoitred as far as Sluys. Leyden Gazette, Oct. 15.
ANTWERP, Oct. 3.—The night between the 29th and 30th of last month, spread terror throughout the English position. The whole English squadron was in motion, and a 74 gun ship got aground. The following day she was taken in tow by a frigate, and
brought off. In the afternoon she was surrounded by a number of small armed vessels. Several of the persons who were wrecked, succeeded in saving themselves in the Island of Cudsand. The climate of the Island of Walcheren proves so destructive to the English, that in the sole barying ground of the city of Flushing, 313 graves have been dug, containing each 4 soldiers, & 19 graves for officers. Royal Amsterdam Gaz.
October 18.—Throughout the whole kingdom of Naples the following Religious Orders are suppressed: The Dominicans, and all the detached Monks of their order, the Minorites, the third order of St. Francis, the Minimis, the two Carmelite Orders, the brethren of St. Peter or Pisa, the Servites, the brethren of St. John or God, the Trinitarians of Mercy, Spanish and Italian; the Augustins, the Sylvesterians, the Basilians, the Meaitins, the Regular Minorites, the Cross Bearers, the Clerks of the mother of God, the Barnabites, the Samaschians, the Priests of St. Roch.
SEMLIN, August 23.—Intelligence has been received here, that Mr. Adair, the British Minister at the Sublime Porte, has intimated to the Reis Effendi, several demands in the name of this Court, which occasioned an extraordinary sitting of the Divan, at which the Grand Senior himself presided. The nature of these demands is not known, but they are said to be accompanied with threats, which have produced a very strong sensation, and are stated to be derogatory to the honor of the Porte. It is not easy to form an opinion on the measures which the Turkish Government will adopt on this occasion, but it is generally supposed, that the Divan will be compelled to declare either for or against England.
The operations of the Grand Russian army seem to have been for some time at a stand; the grand Turkish army has taken up a position between Silistria and Varna, where it continues undisturbed.
All accounts from the environs of Ismail agree in stating that the Russians experience the most vigorous resistance in the siege of that important fortress, and have made but very little progress in the construction of their works; the Turks make numerous sorties to destroy them.
HAMBURG, Oct. 6.—The ratification of the treaty between Russia and Sweden is to be exchanged at St. Petersburg within four weeks. The king of Sweden engages by it no longer to admit English ships of war, or merchandise, into Swedish ports; but has reserved to himself the importation of salt and colonial produce. Correspondent.
RUSSIA.
To the civil Governor of Livonia and actual Councillor of State.
"On the 30th of this month, a treaty of an eternal peace between Russia and Sweden was concluded, and signed at Fredericks-ham, by our minister plenipotentiary count Romanzow, and Baron Sterndingk on the part of Sweden. All the propositions by us made, with regard to the said peace, have been accepted, and the corporation of the Grand Duchy of Finland with the Russian empire has been confirmed; the town of Tornio, and the river of the same name, form the frontiers of the two States.
"Thus has terminated a war, the various events of which have covered the Russian armies with immortal glory; and the conclusion of which has added to the Russian Empire a country, inhabited by an industrious people; celebrated on account of its progress in agriculture, its markets, important fortifications, and the fortress of Sveaborg; and has secured forever on that side the frontiers of our native land.
"While we are offering up our thanks to that Divine Being which has vouchsafed to favour Russia, and crowned our arms with success, we hasten to acquaint you with that fortunate event, feeling perfectly satisfied that all our faithful subjects will readily join us in offering up thanks to the most high, for the happy conclusion of a much wished for peace.
"After the ratification shall have been exchanged, the said treaty of peace will be published in a distinct manifesto. I remain your affectionate son.
"ALEXANDER." St. Petersburg, Sept. 7.
PARIS, October 1.—The Moniteur contains an imperial decree, issued by his majesty on his birth-day, the 15th of August, instituting a new order, to be called the Order of the Three Fleeces, and to be specially appropriated to the rewarding of officers and soldiers, whose corps belong to the grand army, and have served with it during three campaigns. This order is to consist, at most, of 109 Grand Knights, 400 Commanders, 1,000 Knights. The Emperor is Grand Master. The Imperial Prince alone obtains admission from birth. The other Princes of the blood are only admissible after serving two years in the army, or during one actual campaign. It may be conferred for services deemed worthy of it, on the Grand Officers of the Crown, the Ministers, the Presidents of the Senate and the immediate descendants of Marshals. With these exceptions, none can obtain it, but such as have, in different engagements, received three wounds.
The Emperor, nevertheless, reserves to himself the privilege of bestowing it upon those who particularly distinguish themselves by the defence of their colours, being the first to mount a breach, or other splendid achievements. The memorable 15th of August, will be the anniversary of the Order.
Oct. 19.—The terms of the peace between Austria and France are variously reported, but have not yet been suffered by government to transpire. It is believed that they are in possession of more specific information than the public has yet received, as their agents do not scruple to admit that the terms are believed to be most humiliating for Austria. A few days will probably put us in possession of the heads of the treaty. One report on this subject is, that the pernicious refusal of the Emperor Francis to yield the maritime town of Spalatro, was the cause of the protraction of the negotiation. The harbour of this place is good, and certainly is an acquisition of some value to the French; but if, as is by some believed, Austria has conceded even her capital, it is difficult to account for a comparatively inferior object having retarded the conclusion of the arrangement. We don't the fact, and we forbear to state the reports on the subjects of the great extent of territory ceded by Austria, as we really apprehend the truth to be unknown—consequently what is asserted, may be deemed mere conjecture. The renunciation of the title of Emperor of Austria is asserted to have been stipulated.

For the Enquirer.
In the Superior Court of Chancery, for the Richmond District, Fall Term, 1892.
ALDERSON vs BIGGARS, et al.
The plaintiff in an action of detinue, recovered of the defendant Biggars, seven negroes by name, and £53 damages and costs; from which there was an appeal, which went to the Court of Appeals, where the judgment of the court below was affirmed; to enforce which, the plaintiff issued a distress ca. ca. directed to the sheriff of Prince Edward county.
Biggars, to avoid the delivery of the negroes, while the deputy sheriff held the process, sold them to the other defendants (except the deputy sheriff), who purchased, knowing the circumstances; and the deputy sheriff in satisfaction of the process aforesaid, received the prices of the negroes, as fixed by the verdict of the jury, as well as the damages and costs.
And this bill is brought to set aside the sales, and to recover the negroes, and their lires since the verdict ; as also another negro who was born in the mean time; as also the money received by the deputy sheriff for the damages and costs.
The defendants by plea , objected to the jurisdiction of the court.
By the Chancellor.
If the law affords an adequate remedy in this case, the application to this court is improper; but if the law does not, this is then the proper court.
The counsel differed upon this subject. Col. Daniel, who lives nearest to the common law scenes of action, contended with great force, for the jurisdiction of the common law court; but Mr. Munford, who lives nearest to the scene of action here, maintained, with equal force, the jurisdiction of this court; and, among other things said, that by coming into equity the plaintiff avoided a circuit of actions at law.
I will not indulge a belief, that the geographical situation of counsel, can have any influence upon their judgments, with respect to the jurisdiction of either court; but, be this as it may, the court must act upon principles ; and here let me premise, that a court of chancery should, to be really useful to the people, confine itself to those cases, where a party is without remedy, or relief, at law; unless from circumstances, which, if true, could not be controled, he was unable to make his defence, at law; because, it is obvious to my mind, and must be to all those who know anything about the mode of proof, and of trial, in the two courts, that the difference is greatly in favor of a common law trial : for there, justice can scarcely ever fail: because, the parties, the witnesses, the jury, and a disinterested court are, or may be, looking at each other, at the same time; and the smallest deviation in a witness, can be detected, in a cross-examination, upon the spot: a day, to a witness, is often of more importance, than to hear him; for his looks sometimes conduct our senses to a conclusion, which his words would not: but, in this court, the parties and their witnesses are only known upon paper; and injustice , more or less, on that account, must be, in almost every instance.
When the court of chancery first took its rise, it was upon those principles : but, the power of the court resting generally in the hands of an individual, the court has gradually been encroaching upon the common law courts, until, it would really seem, that it now claims jurisdiction in common, with those courts, in all cases whatsoever: such is the effect of power in the hands of an individual: but the true course for a chancellor, is never to interpose, if the matter can be adjusted at law: and the best interest of the people requires, that this rule should be adhered to: and more especially in a republic like ours, where, if the science of free government is not better understood, in theory, than in other countries, it is in practice, and of this, we proudly boast: & the fathers of their country have recorded in the sacred declaration of our rights, "that in controversies respecting property, and in suits between man and man, the ancient trial by jury , is preferable to any other, and ought to be held sacred." All must agree, that it is one of the first duties of the magistrate, to do his part, in the preservation of this grand feature of our blameless CONSTITUTION : And, therefore, as we all know, that our county courts, generally speaking, are composed of the most respectable citizens among us, and our superior courts of law, filled with gentlemen not less distinguished for their morals, than for their talents, that if parties will attend to their rights, in those courts, and should not, from any material circumstance, be able to obtain justice, in the first trial , another may be had before the same tribunal, there must, after this, be but little pretence for coming into equity: but, if in those courts, the parties will not attend to their rights, they may by their own negligence, close the door of equity against themselves for ever: and so I understand the court of appeals, in the case of Terrel vs. Dick, 1 Call, 546, and in Turpin vs. Thomas, 2 Hen. and Munf. 139.
These cases deserve attention: they appear to me, to reinstate, upon correct principles, the original line, between the courts of common law and chancery, which if not blotted out, was much impaired by the decision in Barret vs. Floyd , in the year 1790, 3 Call, 531, and all that class of cases, which followed upon like principles : but which I now consider as overruled by the principles , as laid down in the cases before cited, of Terrel vs. Dick, and Turpin vs. Thomas, which I shall take for my guide.
It may be a great selfishness for some men to refuse themselves the exercise of a power, of which, they have so many examples, but my mind is differently organised; and my impressions are, that every public character , should pursue the dictates of his own deliberate judgement, adhering to the constitution, and conforming to the laws , and acting for the best interest of his country, at all times, without being under the influence of any personal consideration whatsoever: although it may effect even the interest of the bar, as was intimated, by Mr. Hay, in his argument of the case, the other day, of Nicolson & Heth vs. Hancock et al. : an expression which I was sorry to hear fall from that gentleman.
With these preliminary remarks, I shall proceed to examine the plaintiff's case.
At law he recovered all the negroes in controversy that were then in being, and after going through two appellate courts, with like success, he issued his execution, which was thwarted by the defendants; but this should not subject them, to a suit in this court: because, it was, & still is, perfectly in the power of the plaintiff, to obtain a due execution of the common law process, necessary to enforce his judgement, without the aid of this court: for, there can be no doubt, but that the court of law would, as it still will, see to the due execution of its own process, and not suffer it to be abused. The plaintiff then might have asked leave, as he still may, to quash the writ of distress ca. ca. ; and he might, as he still may, either by a rule of court , or by a scire facias , at law, obtain an order for the identical negroes, in the hands of the purchasers, without going through all the tedious forms of the law again. And as to their lires since the verdict, at law, in the county court, I shall only say, that if the plaintiff is entitled to any thing, on that account, an action, at law, is the proper remedy: and so with respect to the negro born since the judgement.
I shall not say anything as to the damages and costs, as the amount thereof is acknowledged by the plaintiff to have been received.
It is also unnecessary to say, how far, to avoid a circuit of action, at law, it might justify a party in applying here: since it would have been much cheaper for these parties to have had two suits, at law, in their own neighborhood, than one here: upon the whole it appears to me, that the
plaintiff's remedy, at law, was too free from any difficulty, to have made it necessary for him to come into equity.
But, one word as to the mode of excepting to the jurisdiction of the court: it should have been by demurrer , and not by plea .
The distinction is this, that where the objection to the jurisdiction of the court, appears on the face of the bill itself, the proper mode of defence is by demurrer : but, where it does not, the objection should be made by plea : but, this is mere form, and makes no difference, as the objection might have been taken at the bar: as it may in all cases where it would be proper by demurrer : and so it has been ruled on several occasions in this court since my time, and lately confirmed in the court of Appeals in the case of Pollard vs. Patten, admr: 3 Hen. and Munf. 67.
Bill dismissed.
Miscellaneous.
Extract of a letter from a gentleman on a tour to the Lakes, to his friend in New-Hampshire.
Oswego, Oct. 10, 1809. "Dear Friend—When I wrote you from Niagara, I intended returning to Albany, by the way of Geneva and Utica: but the police invitation of a gentleman who was going by water to Oswego, and my desire to view the country along the south shore of lake Ontario, induced me to change my intended route. —We set sail from Niagara on the 7th, at 9 A. M. with a fine breeze at west, sailing within a short distance of the shore, we had a fine view of the country, as we passed; the land in general rises with a gentle ascent from the lake; it is covered with excellent timber, and appears of the first quality. We could plainly perceive herds of deer bounding through the thickets, or ranging along the beach. We landed to have some sport, and soon killed two excellent ones. While ranging through the woods I was astonished at the magnitude of the trees; I measured several, the circumference of which were from 24 to 30 feet, and of a proportionate height: the timber is oak, button wool, white, and beech wood; a profusion of the largest grape vines were running to the tops. It appears as if the God of Nature had formed this part of the western country to be the garden of America. We arrived in the evening, and entered the mouth of Genesee river, which forms an excellent harbor. The upper or great falls are about 12 miles above us, they are a great curiosity, the height is 96 feet. The intervals upon the river are equal to any in the world, and produce the necessaries of life in great abundance. At 11 o'clock next day we arrived at a place called Salt Port, (from some salines lately discovered there,) about 14 miles east of Genesee river. As I wished to view those bountiful productions of nature, we went on shore, and were received and entertained with the greatest hospitality, by a gentleman, one of the proprietors. The spring appears to issue from the foot of a bank and bed of a small river that ran by it, but has lately been turned a different course: the water is in a constant state of ebullition, and as clear as crystal: the brine is so fully saturated with salt, that from 10 to 14 oz. is extracted from a gallon. We cannot but admire the wisdom and goodness of Providence in supplying this western country with an article so essential to the support of mankind. From whence arise those springs? Do they proceed from some great body or mine of rock salt, similar to that in the vicinity of Cazenovia in Poland; or does the earth in this place, like the deserts of Egypt and Syria, contain minute particles of salt, with which the water is saturated in its passage through it? This question I shall leave to you and others to investigate and decide. Those springs, and the land in the vicinity, belong to gentlemen in Massachusetts; they are establishing a manufactory of coarse and fine salt, the works are in considerable forwardness, and they expect to manufacture from 30 to 60 thousand bushels per year; the expense of which will not exceed 10 cents per bushel. The land here is excellent—the situations on the lake delightful."
"In the afternoon we rode about four miles from this place, to view, what is here denominated, Nature's Turnpike—its direction is from east to west for nearly 150 miles; the diameter of the base is about 150 feet, it rises on each side by an easy ascent about 50 feet, it consists of round polished stones and gravel, intermixed with black earth; the whole mass bears no resemblance to the land on either side. The road upon the same is far superior to any in the country, as it is dry and passable at all seasons. We looked in vain for the causes that produced this novel curiosity. The pebbles have some analogy to those found on the shores of the lake. Can it be supposed that this elevation was in remote ages the southern boundary of the lake? or was it raised by the aid of human industry? The first appears impossible—the last improbable. Although the numerous fortifications found in this country demonstrate, that a nation, far superior to the Aborigines, have been in possession of it. This country is settling very fast. In this town (Ontario,) three years since, there was not an inhabitant; there are now upwards of 200."
JENTE—A NEW MINERAL.
M. le Lievre, a member of the National Institute of France, has discovered, on the island of Elba, a new mineral, to which he has given the name of Jente , in honor of the battle of Jena. It is opaque, of a black color sometimes inclined to brown, and is nearly four times as heavy as distilled water. From the analysis of Messrs. Vauquelin and Descotils, it appears that this mineral contains rather more than half its weight of iron, mixed with a little manganese, and that the rest of the stone is lime and silica, the proportion of the silica being considerably more than double that of the lime.— Med. & Phys. Jour.
DUPTYREN'S
EXPERIMENTS ON RESPIRATION, &c. According to some cruel, though interesting experiments, reported to the French Institute, by M. Duptyren, principal director of anatomy, at the Medical School, and M. Duprey, professor at the Veterinary School at Alfort, on the subject of respiration; it appears, that the section of the two nerves of the eighth pair, (those of the stomach and breast) in animals, is certain and instant death; and that respiration, the most important function of life, is exercised directly under the power of nervous influence, and is inseparable from it.— Id.
ARRIVED, in this town, on Saturday, the 18th instant, Brigadier General, P. G. Genseroon, and suite, he is an old Revolutionary officer.— Carolina Reg.
OBITUARY.
"Say, cruel Archer, could not one suffice?" We lately announced the decease of a man, equally capable of serving his country in the cabinet or the field—and scarce is our sorrow for Lewis's death abated, when we are doomed to the painful office of announcing that Gen. WADE HAMPTON, is no more. The news comes thro' a channel too direct and respectable to be doubted. A gentleman from the western country saw the melancholy account published in a Natches paper. He died on his way to New-Orleans, proceeding to take the command of the army. At any time, the death of a citizen so patriotic, and an officer so accomplished & so brave as WADE HAMPTON, would be deemed a public loss; but now it is peculiarly affecting, when we must probably fight for our rights or cease to be an independent nation.
Lewis and Hampton were well qualified to lead freemen to victory and vengeance—They were men
THE MUSE!!!
THE WIDOW'S WAIL O'er WILLY'S CORSE. Now clos'd for aye thy rosy-blas'd cheek, That fondly gaz'd on me—oh WILLY! And lifeless lies that manly form, I lay was fain to see—my WILLY! Ah! luckless hour, thou strive for fame, Last night, across the Clyde—near WILLY! This morn a stripling's Corse brought home— Alas! 'tis hard to bide—oh WILLY! The owl that hooted fair yesterday, And thrice the soot it fell—dear WILLY! The tyke came late and howl'd aloud, It soon'd the dying knell—oh WILLY! Deep were the snaws, keen were my voes; The bairns aft cried for thee, their WILLY! I tremblin' said, "he'll sumtime here" The wee thing, ne'er clos'd e'e—oh WILLY! And when I saw the thick sheet! A bleeding fire I made for WILLY! These watch, and watch'd as a grew dark, And I grew mair affraid for WILLY! I thought I heard the poney's hoet, And ran thy voice to hear—oh WILLY! The wind blew hollow, but nae sound My aching heart did chear—oh WILLY!
From the Delaware and Chester County Federalist. The remains of Major General Anthony Wayne, late Commander in Chief of the armies of the U States were recently raised from their repository, within the dismantled United States garrison, situate on the margin of Lake Erie, and from thence have been transferred to this country, which with pride we say it, had the honor of giving birth to that patriotic citizen and illustrious hero .
Upon this solemn occasion, we are informed, that a well disciplined company of light infantry under the command of captain Abram Phillips, of the Great Valley, Chester county, anxious, as citizen soldiers, to pay a tribute of respect to the remains of their gallant fellow citizen, on the 23d ult. rendezvoused at the Gen. Wayne Inn, kept by Mr. Campbell Harris, situated on the Philadelphia and Lancaster turnpike road, six miles distance from the late residence and birth of the general. When the carriage conveying the remains of the general arrived, the drums beat to arms—the company was instantly formed, and field officers col. Wm. Harris and Joseph Pearce mounted, advanced in front of the carriage, Isaac Wayne, Esq. the son, and William Atlee, Esq. the son-in-law of the general, following immediately in its rear. The moment the carriage had reached the Infantry, the music played Roslin Castle : as soon as the carriage had passed the Infantry, they formed in military procession accompanied by a large concourse of citizens and officers in uniform.
When the procession had reached the Warrenton tavern, a halt was made for 25 minutes; in the mean time the military partook of an elegant collation prepared by Mr. Charles Fahnestock, upon the occasion. The procession was again formed in similar order and advanced as far as the Bear Tavern on the turnpike, which is within one mile of the mansion-house of the late Gen. Wayne. Here right coming on, the carriage halted, whilst the procession advanced in two divisions on the right and left of the turnpike, then halting and facing inward, the carriage passed in review, the music played the dead march whilst the carriage proceeded to the mansion-house.
At seven o'clock the ensuing day, we were informed, the remains of the general were interred within the cemetery of St. David's church, accompanied by a large concourse of his surviving friends, and all acquaintances. Upon the occasion the Rev. David Jones, who had acted as chaplain to Gen. Wayne during the greater part of the revolutionary and Indian wars, delivered an appropriate discourse.
PHILADELPHIA, Nov. 23.—It has long been a desideratum with the possessors of the Cape of Good Hope, to promote an extensive intercourse with the numerous tribe, which inhabit the vast peninsula of Africa. On this subject, we have been favored with a letter, of which the following is an extract:
"City of Good Hope, March 28. "I entertain some expectation of falling on the coast with the party sent, by his lordship, (Lord Caledon) into the interior. They had penetrated in December, so far as lat. 25, and long. 21, so that there is every hope of their having, by this time, reached some of the Portuguese settlements. The information which they have already sent down is interesting. The country which they have passed through is rich and fertile, with numerous rivers, all of which invariably bend their courses to the west."
"The tribes which they have met with, are peaceably inclined, and it appears not unlikely, that they may, in time, be brought to some kind of intercourse or trade with this settlement, a circumstance which I conceive would be most beneficial to them, in spite of all that Villant has written, whose Hotentot Angela in a wild state, were certainly fictions of his own brain. The Camel has been seen, but it is not mentioned whether wild, or being merchandize, from some distant quarter. At this in a short time you will hear the particular, as any information communicated by Lord Caledon on this subject, will soon be spread over London. Some ships of different animals have been sent down, but none very curious."— Lord Byron
CURIOUS FACT.—A well dug this season, by Mr. John Leechman, the fork of the road, little more than one mile west of Carlisle, in the state of Pennsylvania, at the depth of 45 feet, they have come upon a plentiful current of water, from which fish have been drawn up. They also observed numbers of small muscles sticking to the rocks. From whence this stream brings the fish, we are at a loss to conjecture, unless there is a sink in the Conoduginet Creek, some miles further west, it being at least three quarters of a mile South of the Creek, and considerably higher than the channel. We know of two openings, where large springs come out of the Earth, one three quarters and the other a mile from this well, where it is likely this current may discharge its contents: it is highly improbable, that fish could ascend through a dark cavern to the distance of one mile under ground.
NAUTICAL IMPROVEMENT.
Sunday a Boat of a singular construction was employed in carrying passengers between this city and Brooklyn, on the eas river. It is 20 feet in length, and is propelled by two vertical wheels, or four arm inserted obliquely, (like the arms of a water mill,) into a shaft into each side of the stern of the boat, and moved by wheels turned by cranks with a man to each. The advantages of this invention are, (allowing that no velocity can be added without augmenting force,) that the motion of the paddles or sculls is uniform and incessant, and therefore superior to the irregular starts of an oar, and all the row occupied by the oars in rowing is saved to be boat. The improvement, it is presumed, is the subject of a patent; and the inventor is Mr. A. G. D. Tutill, of this city.— N. Y. Columbian
JENTE—A NEW MINERAL.
M. le Lievre, a member of the National Institute of France, has discovered, on the island of Elba, a new mineral, to which he has given the name of Jente, in honor of the battle of Jena. It is opaque, of a black color sometimes inclined to brown, and is nearly four times as heavy as distilled water. From the analysis of Messrs. Vauquelin and Descotils, it appears that this mineral contains rather more than half its weight of iron, mixed with a little manganese, and that the rest of the stone is lime and silica, the proportion of the silica being considerably more than double that of the lime.— Med. & Phys. Jour.
DUPTYREN'S
EXPERIMENTS ON RESPIRATION, &c. According to some cruel, though interesting experiments, reported to the French Institute, by M. Duptyren, principal director of anatomy, at the Medical School, and M. Duprey, professor at the Veterinary School at Alfort, on the subject of respiration; it appears, that the section of the two nerves of the eighth pair, (those of the stomach and breast) in animals, is certain and instant death; and that respiration, the most important function of life, is exercised directly under the power of nervous influence, and is inseparable from it.— Id.
ARRIVED, in this town, on Saturday, the 18th instant, Brigadier General, P. G. Genseroon, and suite, he is an old Revolutionary officer.— Carolina Reg.
OBITUARY.
"Say, cruel Archer, could not one suffice?" We lately announced the decease of a man, equally capable of serving his country in the cabinet or the field—and scarce is our sorrow for Lewis's death abated, when we are doomed to the painful office of announcing that Gen. WADE HAMPTON, is no more. The news comes thro' a channel too direct and respectable to be doubted. A gentleman from the western country saw the melancholy account published in a Natches paper. He died on his way to New-Orleans, proceeding to take the command of the army. At any time, the death of a citizen so patriotic, and an officer so accomplished & so brave as WADE HAMPTON, would be deemed a public loss; but now it is peculiarly affecting, when we must probably fight for our rights or cease to be an independent nation.
Lewis and Hampton were well qualified to lead freemen to victory and vengeance—They were men
THE MUSE!!!
THE WIDOW'S WAIL O'er WILLY'S CORSE. Now clos'd for aye thy rosy-blas'd cheek, That fondly gaz'd on me—oh WILLY! And lifeless lies that manly form, I lay was fain to see—my WILLY! Ah! luckless hour, thou strive for fame, Last night, across the Clyde—near WILLY! This morn a stripling's Corse brought home— Alas! 'tis hard to bide—oh WILLY! The owl that hooted fair yesterday, And thrice the soot it fell—dear WILLY! The tyke came late and howl'd aloud, It soon'd the dying knell—oh WILLY! Deep were the snaws, keen were my voes; The bairns aft cried for thee, their WILLY! I tremblin' said, "he'll sumtime here" The wee thing, ne'er clos'd e'e—oh WILLY! And when I saw the thick sheet! A bleeding fire I made for WILLY! These watch, and watch'd as a grew dark, And I grew mair affraid for WILLY! I thought I heard the poney's hoet, And ran thy voice to hear—oh WILLY! The wind blew hollow, but nae sound My aching heart did chear—oh WILLY!
From the Delaware and Chester County Federalist. The remains of Major General Anthony Wayne, late Commander in Chief of the armies of the U States were recently raised from their repository, within the dismantled United States garrison, situate on the margin of Lake Erie, and from thence have been transferred to this country, which with pride we say it, had the honor of giving birth to that patriotic citizen and illustrious hero .
Upon this solemn occasion, we are informed, that a well disciplined company of light infantry under the command of captain Abram Phillips, of the Great Valley, Chester county, anxious, as citizen soldiers, to pay a tribute of respect to the remains of their gallant fellow citizen, on the 23d ult. rendezvoused at the Gen. Wayne Inn, kept by Mr. Campbell Harris, situated on the Philadelphia and Lancaster turnpike road, six miles distance from the late residence and birth of the general. When the carriage conveying the remains of the general arrived, the drums beat to arms—the company was instantly formed, and field officers col. Wm. Harris and Joseph Pearce mounted, advanced in front of the carriage, Isaac Wayne, Esq. the son, and William Atlee, Esq. the son-in-law of the general, following immediately in its rear. The moment the carriage had reached the Infantry, the music played Roslin Castle : as soon as the carriage had passed the Infantry, they formed in military procession accompanied by a large concourse of citizens and officers in uniform.
When the procession had reached the Warrenton tavern, a halt was made for 25 minutes; in the mean time the military partook of an elegant collation prepared by Mr. Charles Fahnestock, upon the occasion. The procession was again formed in similar order and advanced as far as the Bear Tavern on the turnpike, which is within one mile of the mansion-house of the late Gen. Wayne. Here right coming on, the carriage halted, whilst the procession advanced in two divisions on the right and left of the turnpike, then halting and facing inward, the carriage passed in review, the music played the dead march whilst the carriage proceeded to the mansion-house.
At seven o'clock the ensuing day, we were informed, the remains of the general were interred within the cemetery of St. David's church, accompanied by a large concourse of his surviving friends, and all acquaintances. Upon the occasion the Rev. David Jones, who had acted as chaplain to Gen. Wayne during the greater part of the revolutionary and Indian wars, delivered an appropriate discourse.
THE WIDOW'S WAIL O'er WILLY'S CORSE. Now clos'd for aye thy rosy-blas'd cheek, That fondly gaz'd on me—oh WILLY! And lifeless lies that manly form, I lay was fain to see—my WILLY! Ah! luckless hour, thou strive for fame, Last night, across the Clyde—near WILLY! This morn a stripling's Corse brought home— Alas! 'tis hard to bide—oh WILLY! The owl that hooted fair yesterday, And thrice the soot it fell—dear WILLY! The tyke came late and howl'd aloud, It soon'd the dying knell—oh WILLY! Deep were the snaws, keen were my voes; The bairns aft cried for thee, their WILLY! I tremblin' said, "he'll sumtime here" The wee thing, ne'er clos'd e'e—oh WILLY! And when I saw the thick sheet! A bleeding fire I made for WILLY! These watch, and watch'd as a grew dark, And I grew mair affraid for WILLY! I thought I heard the poney's hoet, And ran thy voice to hear—oh WILLY! The wind blew hollow, but nae sound My aching heart did chear—oh WILLY!
The clock struck one—the clock struck two— The clock struck three and four—no WILLY! I thought I heard the poney's foot, And flew to open the door—no WILLY! The poney ne'er heard, but thou wert lost! I sank upon the snaw, for WILLY! Thy wraith appear'd e'en where I lay, And whisper'd thou wert drown'd—oh WILLY!
The moon was up—'tis rain I sought The stiffened Corps of thine, let WILLY! T'was soon, 'tis an miracle with the dust, And near it, saw wilt none!—oh WILLY! Gae, dry your tears, my bairnies five! Gae, dry your tears o' sorrow, dearies! Your father's cares are at an end, And sae will mine ere morrow, dearies! BELFAST. R. A.
EDUCATION.—The SCHOOL at the Forge Mill, will be continued the ensuing year, under the direction of Richard and Brooke Hill, in which will be taught Reading, Writing, Grammar, Arithmetic, Geography, the use of the Globes, Mathematics, with its application to surveying, &c. Pensions and Blair's Lectures, and the Latin language. The price for board will be $75—Pension $25, to be paid quarterly; each boarder finding his own bed. Books will be furnished, if requested, by parents or guardians. The School will begin on the 15th January, and end on the 15th Dec. following. King and Queen, Nov. 24. w6w
BY virtue of a deed of trust executed on us by Sally Hill, for purposes therein mentioned, will be sold, to the highest bidder, at the late dwelling house of Thos. H. Hill, dec'd, on the 16th inst. month, a Negro Girl, and a parcel of Household and Kitchen FURNITURE, &c. &c. A credit till the rising of the next General Assembly will be given. Bonds with undoubted security will be required to carry interest from the date till paid.
NOTION GOODMAN, JOHN HOBSON, Jr. w5w4
ON Wednesday, December 27, 1809—At the late dwelling-house of Nathaniel Lancaster, dec'd, about ten miles above the court-house, in Prince Edward county, on Appomattox river: Will be sold, to the highest bidder, the following PROPERTY, belonging to the estate of the deceased, a valuable stock of Horses, Cattle, Hogs and Sheep, the plantation Utensils, household and kitchen Furniture, too tedious to mention.
Also: Nine valuable NEGROES; also, the crop of Corn, Wheat, Oats and Fodder. A credit of twelve months will be given the purchasers, on their giving bond, with approved security. All those who have legal claims against the estate of the deceased, will be pleased to exhibit them duly authenticated, on or before the day of sale, to enable the administrators to make provision for their payment. All those who are indebted to the estate, will see the necessity of immediate payment, as it must be paid to the indulgence can be given.
JOHN LANCASTER, ROBERT LANCASTER, } Admrs. August 18. w5f
WAS Committed to the Jail of Northumberland County on the 17th day of May last, a negro Fellow who calls himself Billy: he is about five feet, ten inches high, of a jet black complexion, he was said from this County about fifteen years ago by Griffin Forester to a Mr. Jones of Bedford, and by him to a Mr. Scott of Hawkins County in the State of Tennessee. The owner is requested to apply, prove property, pay charges, or he will be sold to pay his prison fees according to law.
JOSEPH ROGERS, Jailor. Northd. County, Oct. 24. w5m4
BATTESEA PAPER MILLS.—Those who wish to encourage the manufactures of their own state are informed, that they can be supplied with Paper Manufactured in Petersburg, in any quantities.
PRICES AS FOLLOWS: Fine Letter Paper Velum, $ 4 75 Do. do. Laid, 4 50 Pools Cap No. 1. 4 37 1/2 Do. do. No. 2. 3 37 1/2 Do. do. No. 3. 3 12 1/2 Folio Post Velum, 9 50 Do. do. Laid, 9 Do. Printing Medium, 5 50 Excellent Wrapping Paper, 3 12 1/2 A liberal discount made to wholesale purchasers.
Orders for any of the above qualities, addressed to the subscribers, executed at the shortest notice.
BANISTER & Co. w5f
IN COUNCIL, September 19th, 1809.—It is advised, that from and after the first day of January next, the Auditor be instructed, in every case, where any claim by virtue of an order or certificate of court, is presented to him by a person whose name is not mentioned therein, to require such person to produce, also, an order or power of attorney from the individual whose favor such order or certificate of court was made, together with an affidavit of one witness at least, certified by a magistrate or notary public, that such individual actually signed and acknowledged the same. And to give general information of this rule: It is advised, that a copy hereof be published in the Virginia Argus, Esquire, Petersburg Intelligencer, Norfolk Herald, Lynchburg Star, Staunton Eagle and Winchester Gazette, once a week until the first day of January next.
Extract from the Journals, DANIEL H. HULTON, Clerk of the Council. September 23. w5f
FIFTY DOLLARS REWARD.
ANY MAN, from the Subscriber, in the city of Richmond, on the 20th of October last, a Negro Man named WILLY, appeared to be about five feet nine or ten inches high; stout, well made, a little bowlegged, has a full face; about twenty years of age; was purchased of Cyrus Curtis of Northumberland County; was raised in Lancaster County, on the Cartwright plantation by Mr. Cartwright; is called by the negroes of that place, waiting man Billy; he is well acquainted at Shirley, on James River, where it is likely he is lurking at this time.
I will give the above reward if secured in jail in the City of Richmond, or sixty dollars if secured in any jail in the state of Virginia, and information given to Joseph Carter, of Richmond, or John Winn, of Charlottesville. THOS. WINN, Jr. w6w
JUST LANDED, and for sale by the subscriber, at his Grocery Store:
Gun-Powder TEA, of superior quality, Do. in canisters of 2lb. and 2lb. 1/2 each, Imperial Eating, Young Hyson do. and Hyson Chulang, Souchong Patre and Pico Souchong, 100 Dozen bottles best Cava WINE, 50 Doz. Champagne and Burgundy, Best old Madeira, Sicily do. Sherry, Lisbon, Teneriffe and Malaga Wine, And Pine Apple Cheeses, With a