Virginia Argus (Richmond, Va.), 1809-12-12 00:00:00

VIRGINIA ARGUS.
XVIII YEAR.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No. 1713.]
RICHMOND:—PRINTED (ON TUESDAYS AND FRIDAYS,) BY SAMUEL PLEASANTS, JUNIOR, PRINTER TO THE COMMONWEALTH.
Four Dollars Per Annum—Paid in Advance.
TUESDAY, DECEMBER 12, 1809.
[12 1-2 Cents Single.]
COUNCIL CHAMBER, Richmond, December 4, 1809.
SIR,
IT would have afforded me great consolation, and I am sure no less to the legislature of my country, could it have been in my power, from events more favorable than are now passing, to have announced the prospect of a happy adjustment of the existing differences between the United States and the two great contending powers of Europe. But too many aggravating circumstances have recently occurred (more especially as they relate to Great Britain) to permit a hope, that so happy an issue will take place in a short period. That nation has always been goaded by her pride and her prejudices; or why has she seen through so false a medium? Why has she been so long the dupe of her own weakness, and the misrepresentations of her venal agents? The similarity of language between this country and that, and our connections with it by blood, always had more influence on our conduct than was good for our political safety and happiness. Her commerce flowed uninterruptedly through every channel that watered our land, and returned full freighted with the fruits of her industry and enterprize. That commerce so fascinating in the present state of society, and so inviting to avarice, seized on our affections, and bound us in chains indissoluble as adamant. Hence the opposition to those measures which alone would have been efficient, if they had been vigorously enforced, and hence arose those bitter animosities which have poisoned the sources of social intercourse between our fellow-citizens, and tended to disunite them and distract our councils. The embargo was the system which was best calculated to ensure success; and long will it be regretted that want of resolution to forego the advantages of a degraded commerce, and want of sound patriotism to enforce that measure should have reduced our country to a dilemma, scarcely recollected to have occurred in the history of nations. But notwithstanding the disgraceful violations of the law, which have fixed an in tellible stain on the characters of too many of our countrymen, its pressure was so severely felt, that aided by the failure of the combined forces in Spain, an epoch was produced, in which something like a friendly termination of our differences seemed to be promised. Measures were made by the British government for accommodation, which were met by the President of the United States with that promptitude and candor, which characterize the great and good of every country. Stipulations were entered into on both sides, preliminary to a full and free negotiation on all the points in dispute. Every thing required by those stipulations was performed on our part with good faith. The militia, which had been organized and held in readiness to meet aggression whenever it might be offered by any power, was discharged; the suspension of our commercial intercourse was taken off; and a fair and wide road was opened for the completion of what appeared to have been happily begun. But mark the issue! A new era arose on the continent, in which a final stroke was aimed at the power of France, (puerile indeed! for every unsuccessful attempt has only added strength to that power;) the stores of Great Britain were filled with American supplies, the complaints arising from hunger, want and misery, were appeased; and that government scrupled not to disavow the act of its Minister Plenipotentiary , under the shameful pretext of its being unauthorized; as if the injury were not the same to us, and as if their government were not benefitted by the measure, and bound to ratify and sanction it, on every principle of good faith and sound morality.
Thus have we seen and felt injury following injury from the commencement of the revolution to the present day; and negotiation succeeding negotiation, without any satisfaction for what had passed, or any security against future hostility: and thus have we seen too, all those rules which bind nations as well as individuals, in the sacred bonds of justice, charity and benevolence, totally disregarded, and a new order of things introduced altogether disgraceful to civilized man. "Shall I not visit for these things, saith the Lord?" Nor has France acted up to those principles which she professes so much to admire and support. I mean the rights of neutrals and the freedom of the seas. For notwithstanding the peaceful attitude we have taken, unjust and severe wounds (though not so frequent, nor yet so vitally fatal in their consequences,) have been inflicted by her on our rights and national honor, under the idea of our attachment to Great Britain, which was supposed to have influenced our measures, and to have counteracted her policy. For one nation to retaliate on another by which it is injured is certainly justifiable: But what can justify, or even excuse the act which inflicts a wound upon an innocent neutral, to come at an enemy? Why not suffer the inconveniences arising from the unlawful acts of some of our anomalous citizens, rather than violate all those ancient maxims which were so much revered in former times, and which are the only means of sustaining a good understanding with the world? It remains for this nation to wipe the stain from its splendid achievements, by a proper explanation and renunciation of its measures.
Under circumstances so unfriendly, we have little to hope from the philanthropy of foreign nations, but nothing to fear for our national character and independence, provided we unite in the general support of our principles and government. It is time, therefore, to assume a station which will bid defiance to any power, and put an end to that party spirit, which has taught those nations to believe, that we had gone from the just standard of honest measures, & could be easily made a victim to intrigue or force.—We have talked long enough of our rights and our national honor, let us now prepare to defend them. It was the want of union and sincere love of country, that caused so many discomfitures of the European powers in their conflicts with France. But for an union of honest sentiments and measures among our citizens from the beginning to the end of our revolution, America must still have remained under colonial degradation. Let that union now be the rock of our salvation; and let us no longer persist in the fatal policy which has so distracted the nation and paralyzed its councils. Let us again rally around our own government, and convince mankind, that we can neither be seduced, on the one hand by intrigue, nor driven on the other, by force, to surrender that liberty which was acquired by our fathers at the expense of so much blood and treasure. Let us prepare for the worst, and be ready to execute with vigor, whatever may be the determination of the General Government, to which belongs the constitutional right to decide on the momentous subjects which must fall under their deliberation at their present sitting. To be enabled to perform our duty, if we should finally be called to that "last but sad necessity of nations," it is proper to examine into the state of our finances, and to increase them, if necessary, in proportion to the exigencies of the state. The Auditor's and Treasurer's departments will furnish the requisite lights upon this subject. It is properly enough said, that taxes are the sinews of government, but we must also procure its muscular and bodily strength. The Militia is that power, and must be resorted to in the first instance. It would be well to review the laws on that subject, and amend them as experience shall have pointed out the necessity, bringing the whole into one view, by which means, they will be more readily understood. But this would prove useless unless arms and ammunition be supplied. A portion of the latter has been purchased, agreeably to an act of the last Assembly, and a magazine upon a moderate scale has been erected for its safe-keeping. To give a complete knowledge of the former,
The transactions of the Armory are respectfully laid before the legislature for their examination, which, it is hoped (making a proper allowance for the interruption occasioned by the new arrangement) will be found to answer the public expectations. The number of muskets completed in the course of the year amounts to 3177, and are believed to be fully worthy of that confidence which ought to be placed in them by those, who may have occasion to use them. Of pistols and swords a statement is also made; besides of the constituent parts of many other arms of every denomination, which will increase the number to be manufactured in the ensuing year. The arms which were in the Capitol have been removed agreeably to law, except such as are yet to be repaired, which are carried out as fast as they are called for, by the persons employed to put them in good order; the progress of that business is also here submitted. The whole of these arms have been put to the proof; and it is to be lamented that the loss sustained by the public is so great as it turns out to be; one third of the muskets, at least, having bursted in the trials; and yet it is a consolation to reflect, how many injuries have been prevented by the discovery. The rule now adopted in the Armory, will, in all probability, leave no room for doubt or suspicion, as to the quality of the arms; because those which do not stand the proof are charged to the maker of them, thus securing his fidelity by making it his interest to be faithful, as far as it can well be done, until a better discovery can be made in the progress of the work, which is but in its infancy in this country. As soon as the foundry and boring machinery were completed by Mr. Foxall, agreeable to contract, it was deemed not improper to apply a part of the funds appropriated by law for the manufacturing of arms, to casting of cannon; the words of the law fully comprehending all kinds of arms. In consequence of which 30 six pounders have been cast and finished off neatly; which stood the proof, and little doubt exists of our being able in the next year, to furnish completely all the artillery companies in the state.
The number of muskets retained in the arsenals is 7869; of pistols 536; and of swords 3887, which will be seen by reference to the statement of the superintendant, herewith presented, which also exhibits the number of those distributed. The latter, it is greatly feared, are consigned to destruction, or great injury, if we judge from what has happened, & what, under like circumstances, may happen again; a large proportion of the arms heretofore distributed having been lost, or destroyed, and expenses being continually incurred for the repairs of such as remain in the hands of the militia. These circumstances induce a belief that it would be a sounder policy to compel every militia-man to furnish himself with arms by purchase from the country at as low a rate as possible; & then, & not till then, will he feel such an interest in them, as to engage his attention properly to them. Those who are too poor to purchase ought to be furnished at public expense, to be judged of by the respective county courts, and their opinion certified to the Executive; in which case as many arms as may be required, should be sent, making the captains of companies answerable for their safe-keeping in that way they may deem best, delivering them out on muster days, and having them returned as soon as the use of them is dispensed with. The subject, however, is submitted with great deference to the better judgment of the Legislature. The surplus water, beyond the quantity required for the boring mill, and now wasted, would be sufficient for all the purposes of a forge, which I am informed can be established at little expense.—The scrapings for the gun-barrels could be drawn to great advantage, better in quality, and cheaper, than can be obtained at present; but I mention this subject with great delicacy, as the losses and charges, attendant on the institution, hitherto, have been unfortunately very great. An estimate, however, of the cost of such a building, shall be laid before the Assembly if required.
A statement of the Penitentiary concerns is also submitted to your inspection, in which it will be found, that exclusive of every expense, a profit of $5944 results to the commonwealth, which ought to be applied to still greater improvements in that institution, which does so much honor to humanity, but which, notwithstanding the encomi-
ums it deserves, is subject to some objections as to the mode of punishment. For although it is desirable, because just, to apportion punishments to crimes, as far as can be effected without a mathematical standard, yet there are some offences besides those enumerated in the law, for committing which a criminal ought to be subject to death; and that on sound political motives. Too much discretion is left to the jury in most cases, by which means the object of the law is defeated. It would be much better to fix the scale of punishments, and leave nothing to the jury, but to find the guilt or innocence of the person tried. A highway robber, or horse-thief is equally an offence in every county; and yet as the law now stands, the punishment for the same offence is often very unequal. The laws being promulgated and the punishment fixed to every crime according to the degrees of its atrocity, would form as just a criminal code as is consistent with public safety, and with those principles we so justly admire. The distinction drawn between murder in the first and second degree is absurd in the extreme. To constitute murder their must be malice express or implied , and here the punishment should be death; for, "Whosoever sheddeth man's blood, by man shall his blood be shed;" but, in consequence of this new distinction relative to the highest crime in nature, all acts of murder, few excepted, are softened down to the lowest grade, and the punishment is by confinement for years at the whim or caprice of a jury. In the Penitentiary there is now a man hard upon seventy years of age, who was sentenced for murdering an aged wife, by whom he has several respectable children: The period of this man's confinement is 10 years—Now according to the ordinary course of nature, he can have but few years to live: Here the punishment presently ceases, & the example ceases with it: And, as to reformation, even if he were a young man, I should not expect much change for the better by his keeping bad company; for we always judge of a man by the company he keeps.—Manslaughter is the true distinction; & at this time, some for that offence, receive as high punishment, as others do for murder in the second degree; owing to the latitude of the law as to the periods between which confinement may be imposed at the discretion of a jury. For although there may be light shades of difference between murders as to their atrocity, they are not so wide, as the verdicts of juries appear to make them. I also beg leave to suggest the propriety of providing more effectually for inflicting the punishment prescribed by the 24th section of the act to amend the penal laws of this commonwealth, on convicts who have been discharged from confinement, and have been returned for second offences. Several cases have occurred in which convicts, who have been discharged under one name have been returned under another for a second offence; and sometimes they have been sent from different districts by the same name. It is often impossible to indentify the prisoner during a trial for a second offence; & when his sentence has been pronounced for a specified duration of confinement, there is no power by which the additional punishment can be inflicted. If the law were amended so as to authorise the superior court of Henrico to pass sentence for additional punishment, notwithstanding any sentence which may have been passed by the court before whom the offender was last convicted, it would be hardly possible to evade the law; for the Penitentiary officers can always indentify the person of the prisoner.
Sometimes acts of violence are committed by the prisoners in the Penitentiary one upon the other. To prevent great mischiefs and worse consequences, would it not be proper, to make those confined therein competent witnesses in such cases for and against each other? And should not the law express the period of confinement in every instance, for a second offence, or for an escape, and not leave it to the discretion of any court whatever?
A subject of some interest for the consideration of the Legislature, is the public property in various parts of the country. That at the Point of Fork, on which stands a large building going fast to decay, formerly used as an arsenal; also some lands not far from that place, require particular attention. Perhaps it would be well to dispose of this property, as the rent reserved is small and not sufficient to keep the buildings in repair. The old situation of the Buckingham Iron Works, with several hundred acres of land, does not produce the interest of the money it might sell for in all probability. The public property wheresoever it may be, must be liable to waste in its timber & buildings. It would therefore be well for the Legislature to say what shall be done with it. And here give me leave to suggest the propriety of vesting the foregoing property in the hands of the trustees appointed for the superintending and managing the buildings near this city, designed for an Academy, the foundation of which is now laid. This institution being fostered and patronized under the eye of the Legislature may become highly useful to our country, and will in all probability, lay the foundation of still greater improvements.
The public Warehouse in this City, might be improved to advantage, by directing a floor to be laid in the roof of the building, which would hold a considerable quantity of flour for storage, and soon reimburse the public the expense attending the improvement, after which it would bring an annual profit into the treasury, in aid of what is produced by the storage of tobacco, being this year $1203 85 cents, as appears by a report of the keepers of that building.
A proposition from the state of Pennsylvania is herewith submitted, with Governor Snyder's letter accompanying the same, in which is suggested the propriety of amending the Constitution of the U. States, so as to prevent collision between the Government of the Union and the State Governments. Also, communications from Massachusetts and the state of Kentucky, disapproving of the proposed amendment to the Federal Constitution suggested by Virginia, for the removal of the Senators of each state by the Legislatures of the respective states; a resolution of the Senate of the U. States appointing a committee to enquire into the expediency of amending the act establishing the courts of the General government; And a letter from the Senators from this state, on the subject of permitting the importation of slaves under certain circumstances. These subjects will require early and prompt attention. The death of our upright and valuable fellow-citizen, Joseph Prentis, Esq. late a Judge of the General Court, occasioned a vacancy in that department, which has been filled by the appointment of James Semple, Esq. It is for the Legislature to confirm or not this appointment under the constitution, as to them shall seem just and proper. A vacancy has also taken place in the Executive Council by the resignation of Alexander Stuart, Esq.
The subject to which I now beg leave to draw your attention, I touch with great delicacy, not being certain of the propriety of the measure, since it may not be thought to fall within the pale of Executive duty. It is the present organization of the court of Appeals, which appears in many respects not calculated to promote the public interests. The small number of Judges, while it has a tendency to create a delay of justice, already complained of, and not without foundation, must necessarily produce the deplorable effect of diminishing the weight of authority which ought to attend the decisions of that tribunal. Indeed, however truly learned the present or any future judges may be, (& here I freely offer up incense at the altar of truth and justice, when I say that, on these points there is no exception to those already in office) it seems a solecism in jurisprudence that the opinion of two judges only, should frequently prevail over, and settle the law, in opposition to the remaining judges of the same court, and possibly to the unanimous opinion of the many enlightened Judges of the Chancery and General courts. The minds of our citizens cannot be satisfied with decisions under such circumstances; nor will the law of the land be considered as fairly settled; in consequence of
(Continued in fourth page.)

Virginia Argus.
RICHMOND,
TUESDAY, DECEMBER 12, 1809.
IMPORTANT MISSION!
While the British printers in America are vindicating the conduct of envoy Jackson, and condemning the government for disgracing him, they give an air to their remarks, as if the President had suspended an important negotiation! This naturally leads the friends of administration to enquire—
What is an important Mission? or, if you please, what is an important negotiation?
Jackson declares that he has no proposals to make—is that an important negotiation?
He says he was not even authorised to renew the conditions contained in Canning's despatch of January 23d—is that an important negotiation?
He declares that the king his master will "never cease to maintain" the principle and practice of the orders in Council—is that an important negotiation?
He would "receive & discuss propositions"—but he would not tell what he would agree to—is that the important part of his mission?
In the case of the Chesapeake he would deliver the men up if we would deliver them back again—is that an important negotiation?
He would not answer questions plumply and plainly, but shuffled & quibbled—Does that indicate an important negotiation?
Mr. Smith submitted to him a plain statement of facts, and asked him for a plain answer; he evaded, eluded, turned, and twisted, and finally says "you will find nothing of the sort in my letters," when it was not his letters that were alluded to, but his verbal representations—is that the proof of his important mission?
It is to be wished that the Federal Republican, or the United States Gazette, or the New York Evening Post would answer these enquiries: It is extremely desirable that they should tell us precisely where, in what part of envoy Jackson's correspondence, they have discovered the manifestation of this important mission those important negotiations of which they write so much.
The impudence of the British presses on this subject notwithstanding their notorious atrocity, really surprising. Is America forever to be humiliated at the feet of Great Britain? We see to receive the grossest insults, the most flagrant outrages, the most glaring injuries—and when a minister detested for his diplomatic crimes and personal hostility to every thing American, comes over to equivocate, put on big looks, strut, and swagger, and bully, has nothing to propose and will not even tell what he will accept—it is monstrous, under such circumstances, surprisingly monstrous that there are presses in the country that will actually vindicate the man, and prattle about delicacy of treatment, and respect to him, and breaking off important negotiations; as if we were not only to propitiate Great Britain, but to go down upon our knees to her imperious minister, and say, "Sir, you bullied us on Monday, but inasmuch as you have bullied us again to-day we forgive you, and most humbly ask your pardon, craving you to make our acknowledgments and thanks to his majesty for your behavior." And then as the envoy proceeds to N. York he stays in Baltimore and in Philadelphia to give directions to carry on the news paper war against the government;—his pen or his advice is very distinctly seen in this way in the Federal Republican and in the United States Gazette—particularly in the latter of the 5th of this month. The article to which reference is had is a scurrilous commentary upon quotations from certain parts of Mr. Smith's and Jackson's letters, which do not bear upon the point at all; but which the cantankerous editor of that Gazette would fain persuade us is the very pith of the question which the public has so justly decided in favor of the administration. Any dunce may select certain parts of a long letter which are foreign to a point in dispute, and which do not contain the offensive words, and then cry out, "See there! I told you there was nothing to justify the procedure of government!" But will the public put up with this contemptible effort to impose upon them? Let the correspondence be read entire—let the people read it, ponder over it, and weigh it well—and then let them decide. The decision must be in favor of the government.
While we are on this subject let us briefly enquire, what Mr. Madison has done to change the sentiments of the federalists since June last? They were then warm in his favor; they made speeches in Congress in May and in June, bespeaking the president for his promptness in meeting Mr. Erskine's offer; he was so worthy, so good a man; there was nothing like it! Well; Mr. Madison has never changed; he has not altered in a single particular; he adhered to the arrangement; he never wavered, nor shuffled, nor quibbled, nor equivocated; he went straight forward. But England disavowed Mr. Erskine and sent Jackson to insult us. And, then, forsooth, the very men who applauded Mr. Madison before blamed him. What does all this prove? Does it not show that England is at the bottom of their hearts—that they go all lengths with the British cabinet—that when they thought England would make terms, they applauded the president for accepting them; but as soon as they found that England would not agree to terms, they abused the president for rejecting the man who has interposed his sauciness to prevent peace. Thank God! The newspaper opinions of the federal party are not the real opinions of the mass of the federalists in the country. Picking may stick to Jackson with his hand, and the envoy may bribe a few poor printers to scribble for him, but the heart of the nation is with the administration.
Extract of a letter from Washington to the editor, dated the 9th December, 1809.
"Giles made an eloquent speech yesterday. I hope it will soon be in print. Our friend John G. Jackson, Esq., is said to be something better; his case has been very critical. The federalists do not speak decidedly. The federalists voted against Giles resolution; so you see they identify themselves with Jackson."
LOUISA, November 29, 1809.
Sir—On my way to the city of Washington, to take my seat in the House of Representatives, I have had a return of the rheumatism, which puts it out of my power to proceed, and I fear would disable me from attending during the winter.
Under these circumstances, duties to my country and to my constituents, require that I should resign a station, the duties of which I am unable to perform. At a period less critical and interesting, I might think myself at liberty to delay the measure; but at the present moment, when the best interests of my country are at hazard, I deem it important that every department of the government should be completely filled.
Your Excellency and the Council will be pleased to accept my resignation, and to order election for the district, I have had the honor to represent.
Your patriotism and high sense of the obligations, the representative character imposes, will suggest the feelings under which I have acted, and my regret at the necessity that exists, in this way to disclose my official relation to my constituents, to whom I am bound by every tie of gratitude and affection.
I have the honor to be, With the greatest respect & esteem, Your humble servant, W. C. NICHOLAS.
His excellency JOHN TYLER, Governor of Virginia, Richmond,
Gen. WADE HAMPTON, not dead. A letter has been received in this city, from general Hampton himself, dated Columbia, S. C. November 3, stating that he intended to set off for Natchez on the 5th November, and intended remaining a few days at South West Point, on his tour. Philadelphia F. Journal.
Virginia Legislature.
The General Assembly have been during the last week, almost exclusively occupied in reading and referring petitions to the several committees.
Petitions for divorces, and for permission to bring slaves into the state have been numerous and continue to be received.
Petitions for lotteries and the remission of militia fines have been uniformly rejected at the first reading.
Leave was obtained on Friday to bring in a bill concerning divorces.
ANDREW READ, Esq. of Rockbridge, was on Saturday elected a member of the Privy Council to supply the vacancy occasioned by the acceptance by Alexander Stuart, Esq. of a judgeship in the Illinois Territory.
Col. WILLIAM MADISON, of Madison, was on the same day elected a Brigadier General in the militia of this state, to supply the vacancy produced by the resignation of General John Minor.
The Editor of this paper has been re-elected public printer for the ensuing year. He renders his thanks to the representatives of the people of the state, for this renewed testimonial of their approbation. He will still endeavor, by every exertion in his power, to merit their confidence.
The Senate have adjourned for a fortnight.
DIED —On the 19th of November last, at the seat of Samuel Mosby, Esq. in the county of Hanover, Mr. OVERTON ANDERSON, merchant of this city, after a long and painful illness. Society has certainly sustained a loss in the death of this worthy man, whose life was distinguished by an industry and enterprize, in his profession, a stern and inflexible integrity in his transactions, and an urbanity of manners and benevolence of heart, which was at once honorable to himself and useful to his country.
DOCUMENTS, WHICH ACCOMPANIED THE MESSAGE OF THE PRESIDENT OF THE UNITED STATES. (Continued.)
Mr. Smith to Mr. Erskine. Department of State, Nov. 28, 1809.
Sir, My letters in the correspondence with Mr. Jackson, already transmitted to you sufficiently evince the disappointment that was felt, on finding that he had not been charged to make to this government either the frank explanations or the liberal propositions, which the occasion manifestly required. Instead of this obvious course of proceeding, it was in the outset perceived, that his object was to bring us to resume the subjects of the arrangement of April in a way, that would imply that we were aware that the arrangement was not binding on his government, because made with a knowledge on our part that Mr. Erskine had no authority to make it, and thus to convert the responsibility of his government for the disavowal into a reproach on this for its conduct in the transaction disavowed. In the first instance it was deemed best rather to repel his observations argumentatively than to meet them as an offensive imputation. This forbearance had not the expected effect of restraining him from a repetition of the offence. And even on his further insinuations nothing more was done than to admonish him of the inadmissibility of so indecorous a course of proceeding. This also so being without effect, nothing remained but the step finally taken. And there was the less hesitation in shutting the door to further opportunities, for the insulting insinuations, as their disclosures he
had made and the spirit of his discussions had so evidently shut it to the hope of any favorable result from his mission. I will not dwell on his reluctance to give up the proceedings of verbal for the precision of written discussion; nor on the manner or the time of his denial that he had given any room at all for a statement, which, in order to guard against the misconceptions incident to verbal conferences, I had placed before him in writing, with a request that he would point out any inaccuracies, and to which he did not then object otherwise than by intimating, that he could not have made the statement with the particular view which seemed to be supposed. Nor will I dwell on the various instances in which partial or inconsistent views of the subject have taken place of its real merits. But it may not be amiss to make some observations on the correspondence, as it relates to the justification of his government in having disavowed the act of his predecessor.
With respect to the orders in council, the ground of the disavowal is the difference between the arrangement and the printed dispatch of Mr. Canning to Mr. Erskine of the 23d January. According to this dispatch then the arrangement failed in three points.
1st. In not relinquishing the trade of the United States with enemies colonies.
With respect to this point it is not necessary at this time to discuss the right of that trade. It is sufficient to remark, 1st. that as the trade is admitted to have become, in the view of Great Britain, of little practical importance, why has it been made a ground of the disavowal, and, especially, as important considerations only could upon principles of public law have justified a measure of so serious a character? 2d. that as the colonial trade is a subject no wise connected either with the orders in council or with the affair of the Chesapeake, why has it been permitted to frustrate an arrangement relating to those subjects; and to those only? 3d. that as this condition is allowed to have originated in a supposition, that it would be agreeable to the American government, why has it been persisted in after the error was made known by the representation of Mr. Erskine to his government, that neither this nor the other conditions of the dispatch of the 23d January were attainable here?
2d. Another point in the despatch, and not in the arrangement, is, that the British navy might capture our trade to ports prohibited by the United States.
This condition too appears to have had its origin in a mistake of your meaning in a conversation with Mr. Canning, as noted by yourself, and in an inference thence deduced to the disposition of this government. But this double mistake has been brought to light in time to have been corrected in the new mission. In arguing Mr. Canning has taken a ground, forbidden by those principles of decorum, which regulate and mark the proceedings of governments towards each other. In his despatch the condition is stated to be for the purpose of securing the bona fide intention of America to prevent her citizens from trading with France and certain other powers. In other words, to secure a pledge to that effect against the mala fide intention of the United States. And this despatch too was authorised to be communicated in extenso to the government of which such language was used. Might it not have been reasonably expected that such a condition and such observations would at least on such an occasion, have been given up by a government willing to smooth the way to an amicable settlement of existing differences?
In his zeal to vindicate his government Mr. Jackson too has attempted a gloss on this most extraordinary idea of calling on a foreign sovereignty, not indeed to make laws for us, but what is equivalent in principle, to supply a supposed inability to execute them. He calls such an interposition of his government, not an execution of the law of Congress, but of a compact binding as a public law on both parties, and which both would have a common interest in seeing duly executed. On his own principles there ought to be a reciprocity, not only in the execution of the compact, but in the obligation and interest resulting from it. Besides where there is a reciprocity in compacts between nations touching attributes of sovereignty there is always as much of sovereignty gained as is parted with, so that there be no loss nor indignity on either side.
3. The remaining point in the despatch, not secured by the arrangement, is that which required that whilst our prohibitory laws should be repealed as to Great Britain, they should be left in force as to France and the powers adopting or acting under her decrees.
This is the condition which alone properly belongs to the subject, and it is to be remarked in the first place that the British project, of which this condition makes a part, contemplated two things in their nature incompatible; one, a repeal of the prohibitory acts as to Great Britain, without waiting for the conclusion of a regular treaty, the other, a pledge or engagement for their continuance as to the other powers. Now, from the nature of our constitution, which, in this particular, ought to have been attended to by the British government, it is manifest that the executive authority could have given no such pledge, that the contingency of the prohibitory acts being a subject of Legislative consideration, could not have been provided for until the meeting of the legislature, and that the condition could not therefore but have failed, either in the same time renewal of commerce with Great Britain or in the immediate engagement that it should not be renewed with France. The British government ought to have acquiesced in, and, indeed, ought to have been satisfied with the attainment of the important object of an immediate repeal of our prohibitory laws with the consideration, that the other object not immediately attainable, was unnecessary at the time, because the prohibition as to France was then in force, and because there was every reason to infer not only from this fact, but from
the spirit of the communications made from time to time and from the overtures before submitted to the British government, that, without a repeal of the French decrees, our prohibitory laws would be continued in force against France and especially, in the case of a repeal of the British orders, which would necessarily render a continuance of the French decrees, doubly objectionable.
But if on this head doubts could have been entertained instead of re-asserting the arrangement, ought not the repealing act on our part to have been met with a suspension at least of the orders in council, until it could have been seen whether the non-intercourse law would or would not have been continued against France. Such a suspension could not have given, in any point of view, more advantage to the United States, than was given to Great Britain by the repeal, which had taken place on their part.
If this reasonable course could not have been substituted for the disavowal, why was not a final disavowal suspended with a proposition, that the arrangement would be executed by Great Britain in the event of a compliance on the part of the United States with the condition required as to France?
I am not unaware you may be told, that the non-intercourse law of the U. States did not extend to Holland, though so intimately connected with France, and so subservient to her decrees against neutral commerce.
It would not be improper on this occasion to observe that this objection can be the less urged by G. Britain, as she has herself never in her alleged retaliations adhered to the principle on which they were founded. Thus she has from the date of them until very lately, directed them against the American trade even to Russia. although Russia had never adopted the French decrees, nor otherwise violated our neutral trade with Great Britain. So, in her order of April last, she has discriminated, not only between the countries devoted to France by the ties of blood, and other powers, but between Holland, Westphalia and Naples in enforcing her prohibitory order against the first and not against the two last. Whilst, therefore, she finds it expedient to make these distinctions, she ought to presume that we too may perceive equal propriety in the distinctions we have made.
But it may be of more importance here to compare the British order in Council of April last, with the arrangement of April, made by Mr. Erskine. It will thence be seen how little is the real difference, and how trivial it is when compared to the extensive and serious consequences of the disavowal.
Under the orders in Council of April all the ports of Europe, except France, including the kingdom of Italy and Holland with their dependencies, are opened to our commerce.
Under the arrangement of April, combined with our act of non-intercourse, all the ports of Europe, except France and her dependencies, including the kingdom of Italy, would have been open to our commerce.
The difference then is reduced merely to Holland, and that again is reduced to the difference between a direct trade to the ports of Holland, and an indirect trade to Holland thro' the neighboring ports of Tonnigen, Hamburg, Bremen, & Emden.
Now, as the injuring of the enemies of Great Britain is the only avowed object of her interdicting order against our trade, let a computation be made of the effect, which this difference between the order in Council and the arrangement could possibly have in producing such an injury. And then let the question be candidly answered, whether, laying aside all considerations of right and justice, sufficient inducements could have been found in that result for rejecting the arrangement, & for producing the consequent embarrassments, as well to Great Britain, as to the United States.
If it be necessary, as Mr. Jackson has stated, to set bounds to a spirit of encroachment and universal dominion, which would bind all things to its own standard, and to falsify by honorable and manly resistance an announcement that all Europe is submitting by degrees, the effort must be feeble, indeed, which is to be found in the inconvenience accruing to the formidable foe from the operation of this order in Council, and especially when we combine with it the strange phenomenon of substituting for the lawful trade of the United States, a trade of British subjects, contrary to the laws of the adverse party, and amounting, without a special licence, in the eye of British law, to high treason.
Thus much for the orders in Council. What has taken place with respect to the case of the Chesapeake will equally engage your attention.
You will perceive, that throughout the early stages of the correspondence this case was in some respects improperly confounded with, in others improperly separated from that of the orders in Council; and particularly that pains had been taken by Mr. Jackson to substitute verbal and vague observations on the disavowal of this part of the arrangement for an explicit and formal explanation, such as was obviously due. It will be seen also that when finally brought to the point, he referred for a justification of the disavowal to the depositions of Mr. Erskine from his instructions, without showing what those instructions were, and to allusions to an expression in the arrangement without giving to it the meaning the disputer gave to it as a just reply.
It appears however, that he lays a great stress on the proposal enclosed in his letter of the 27th October, at once indicating the departure of Mr. Erskine from his instructions and as containing the conditions on the basis of which he was ready to enter on an adjustment. And from a note from the Secretary of the British Legation, it appears that he has complained of not having received an answer to this proposal, as he had before complained that no answer had been given to his verbal disclosures on this head in his interviews with me.
With respect to his intimations in conversation, as they were preceded by no proper assignment of the reasons for not having executed the original adjustment, it cannot be necessary to remark that no such notice, as he wished to obtain, could with any sort of propriety have been taken of him.
With respect to his written project, it will suffice to remark:
1st. That besides his reluctance and his distinct explanation of the disavowal of the original adjustment, he did not present his proposal, until he had made such progress in his offensive insinuation as made it proper to wait the issue of the reply, about to be given to it, and that this issue had necessarily put a stop to further communications.
2dly. That although he had given us to understand that the ordinary credenda, such alone as he had delivered, could not bind his government in such a case, his proposal had neither been preceded by nor accompanied with the exhibition of other commission or full power. Nor, indeed, has he ever given sufficient reason to suppose that he had any such full power to exhibit in relation to this particular case. It is true, that in his letter of the 23d October, he has stated an authority eventually to conclude a Convention between the two countries. Without advertting to the ambiguity of the term eventually with the mark of emphasis attached to it, and to other uncertainties in the phraseology, it is clear that the authority referred to, whatever it may be, is derived from instructions subject to his own discretion, and not from a patent commission, such as might be properly called for. It is true also that in his letter of the 4th of November subsequent to his proposal, he says he was possessed of a full power in due form for the express purpose of concluding a treaty or convention.
(To be Continued.)
CONGRESS.
IN SENATE.
December 4, 1809.
Mr. Pope, offered the following resolution, prefacing it by observing that in several courts of the U. S. business had been interrupted and delayed in consequence of the age and infirmities of the judges presiding in them. At the last session of Congress an attempt had been made to permit the retirement of judges from the bench with a moderate compensation; but it appeared that there could be no other remedy for the evil but an amendment to the constitution. He had therefore been induced to make the motion, which was loudly called for by the existing state of things.
Resolved, by the Senate and House of Representatives of the U. States of America in Congress assembled, two thirds of both Houses concurring, That the following section be submitted to the Legislatures of the several states, which when ratified and confirmed by the Legislatures of three fourths of the states shall be valid and binding as a part of the constitution of the U. States, in lieu of the first section of the third article thereof.
"The judicial power of the United States shall be vested in one supreme court & in such inferior courts as the Congress may from time to time ordain and establish. The judges both of the supreme & inferior courts shall hold their offices during good behaviour or until they shall have respectively attained the age of sixty-five years. But for any reasonable cause which shall not be sufficient ground for impeachment, the President shall remove any of them on the address of each House of Congress; Provided however, That the cause or causes for which such removal may be required, shall be stated in such address or on the journal of each House. They shall at stated times receive for their services an adequate compensation to be fixed by law."
December 5.
Mr. Giles from the committee appointed on the first issue reported in part the following resolution; which was read the first time and passed to the second reading:
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the expressions contained in the official letter of Francis James Jackson, Minister Plenipotentiary of his Britan

nic Majesty near the United States dated the 13d day of Oct. 1809, and addressed to Mr. Smith, Secretary of State, conveying the idea, that the Executive government of the U. States had a knowledge that the arrangement lately made by Mr. Erskine, his predecessor, on behalf of his government, with the government of the United States, was entered into without competent powers on the part of Mr. Erskine for that purpose, were highly indecorous and insolent; that the repetition of the same intimation in his official letter dated the 4th of November, 1809, after he was apprized by the asseveration of the Secretary of State that the Executive government had no such knowledge, and that it had possessed such knowledge such arrangement would not have been entered into on the part of the United States, and after also being officially apprised that such intimation was inadmissible; was still more insolent and affronting; and that in refusing to receive any further communications from him in consequence of these outrageous and premeditated insults, the Executive government has manifested a just regard to its own dignity and honor as well as to the character and interest of the American people.
That the letter signed Francis James Jackson, headed "Circular" dated the 13th of November, 1809, and published and circulated through the country, is a still more direct and aggravated insult and affront to the American people & their government, as it is evidently an insidious attempt to excite their resentments and distrusts against their own government by appealing to them through false or fallacious disguises, against some of its acts; and to excite resentments and divisions amongst the people themselves which can only be dishonorable to their own characters and ruinous to their own interests; & the Congress of the United States do hereby solemnly pledge themselves to the American people and to the world to stand by and support the Executive government in its refusal to receive any further communications from the said Francis James Jackson, and to call into action the whole force of the nation if it should become necessary in consequence of the conduct of the Executive government in this respect, to repel such insults and to assert and maintain the rights, the honor, and the interests of the United States.
Mr. Giles from the same committee also reported the following bill, which was read and passed to a second reading.
A bill to prevent the abuse of the privileges and immunities enjoyed by foreign ministers within the United States.
Be it enacted, &c. That any foreign ambassador, minister, or other person entitled to enjoy within the U. S. the privileges and immunities of a foreign minister, shall have committed, or may hereafter commit, any such act as by the laws and usages of nations would justify the President of the United States in ordering such offending ambassador, minister or other person as aforesaid out of the district of Columbia or out of the territories of the U. States; or in sending him home to his sovereign, or to some place or territory within his sovereign's jurisdiction; in every such case where the President of the U. S. shall deem it proper and expedient to exercise his constitutional authority, in either of these respects he shall be, and is hereby authorized and empowered to cause a warrant to be issued and signed by the Secretary of State, directed to any civil officer of the United States, authorized to serve process, or any military officer under the authority of the U. States, commanding him to provide for and enforce the departure of such ambassador, minister or other person offending as aforesaid, taking due precautions to avoid improper or unnecessary violence in executing such warrant. And all officers civil and military, under the authority of the United States are hereby required and enjoined to be obedient to such warrant. And in case any officer, civil or military, to whom such warrant shall be directed, shall fail, refuse, or unreasonably delay to execute the same, every officer so offending shall be deemed guilty of a high misdemeanor, and shall be punished by fine and imprisonment before any court of the United States having cognizance of the offence.—Provided, that the fine shall not exceed _____ dollars, nor the imprisonment be for a longer time than _____ years.
Mr. Giles gave notice that he should call for the consideration of this subject on Thursday next.
HOUSE OF REPRESENTATIVES.
MONDAY, Dec. 4.
Mr. Whitehill presented the petition of sundry citizens of the state of Pennsylvania, praying that the importation of foreign spirits distilled from grain may be prohibited, and that a higher duty be laid on the importation of spirits distilled from other substances. Referred to the committee of Commerce and Manufactures.
Mr. Findley presented the memorial of Thomas Randolph, stating that Jonathan Jennings, the sitting delegate from Indiana territory, was not legally elected, and praying that his seat may be vacated and a new election ordered.—Referred to the committee of Elections.
COMMITTEE OF MANUFACTURES.
Mr. Sawyer asked leave to lay upon the table the following resolution of a nature similar to one which he had proposed at the last session, which, from the shortness of the session, he presumed, rather than from any unfriendly disposition never had been acted on:
Resolved, That a standing committee be appointed to be called the committee of manufactures; whose duty it shall be to take into consideration all such petitions, matters and things touching the manufactures as shall be presented or shall or may come in question and be referred to them by the House and to report from time to time their opinion thereon.
Mr. S. said it was certainly too much to expect any one committee to do justice to two such important subjects, becoming daily more so, as those of commerce and manufactures. He wished to have employed on the subject of manufactures the undivided energies of the best talents of the House; he hoped that all the rays of patriotism and genius in the House would be directed to this subject as to a focal point at which they should all converge. How could one committee properly attend to the mass of business before the committee of Commerce and Manufactures? The subjects confided to them could not be acted on; and yet important matters were continually dropping into this gulph of oblivion. This committee however did all that could be expected of them; he did not believe that any member of it was hostile to manufactures—he could answer for the chairman (Mr. Newton) whom he knew to be friendly to manufactures both from precept and example. It was because it was impossible for the committee to attend to all the business before it, that he offered the resolution:
Mr. Sawyer's motion lies on the table one day of course, according to the rules of the House.
NATIONAL BANKS & INTER- NAL IMPROVEMENT.
Mr. Nicholson laid on the table the following resolution, which was ordered to be printed:
Resolved, That provision be made by law for a general national establishment of banks throughout the United States; and that the profits arising from the same, together with such surpluses of revenue as may accrue, be appropriated for the "general welfare" in the construction of public roads and canals, and the establishment of seminaries for education throughout the U. S.
VIOLATIONS OF NEUTRAL RIGHTS.
Mr. Troup begged leave to submit to the consideration of the House several resolutions which had for their object the vindication of the commercial rights of the U. States against the belligerent nations of Europe. He submitted them at this time with less reluctance, because the introduction of them was in no wise inconsistent with the most friendly negotiation which might be pending with foreign governments. It is high time (said Mr. Troup) in my opinion that these commercial rights were either vindicated or abandoned. The remnant of commerce which the joint operation of the belligerent decrees has left to us is scarcely worth carrying on. To designate what this little is would be no difficult matter, but it would be superfluous—every one who hears me understand it.
But it would be well to enquire on what principle the belligerents pretend to justify these commercial restrictions. The avowed principle is that of retaliation—but is it the true principle? Unquestionably not. And why? Because it is equally asserted by both belligerents. Both cannot be retaliators; one must be the aggressor, the other the retaliator. If this principle then be equally urged by both, who is to judge between them? If the alleged principle of retaliation be not the true one, what is? As respects France, its true principle of her decrees is to
be sought in the policy of embarrassing England by excluding from the continent British merchandise; and as to Great Britain, the principle of her orders in council may be found in the consideration of her interests and her power. She avowedly contends that it is her interest to engross the commerce of the world; that she has the power to engross it, and therefore she will engross it.
But what are the principles more specifically asserted by Great Britain? First—the right of blockade by proclamation; 2d, the right to turn your vessels into her ports to pay duty and take out a licence. This right of blocking by proclamation is not a right growing out of a state of war; it is no belligerent right; it is a pretension applicable to a state of peace as to a state of war, and if we submit to it in a state of war, we must submit to it in a state of peace. The only principle of blockade which we recognise is, that which gives to belligerents a right to turn from ports so closely invested as to make the entry of vessels bound to them. But the right asserted by Great Britain to blockade by a piece of parchment or paper issued from her council chamber, a port or ports, a kingdom or kingdoms, a continent or continents, is a right no more relative to a state of war than to a state of peace; and if we submit to the pretension in a state of war, we must equally submit to it in a state of peace. It is founded in the most arbitrary tyranny, it goes to the annihilation of your commerce. As to the other right of forcing our vessels into her ports, to pay duty and take out licence, this is equally applicable to a state of peace as to a state of war. We acknowledge the right of Great Britain or of any other nation to shut her ports against us, provided there be no treaty stipulation to the contrary. But the right of Great Britain or of France to shut the ports of any other nation against us is a right no more appertaining to a belligerent than to a neutral. If we submit to it in war, we must equally submit in peace; and this right, like the other, is founded in the most arbitrary tyranny. What right has Britain to tyrannize on the ocean and prescribe the limits of our trade? She will not permit us to trade which she cannot herself enjoy; she prohibits to us a trade which our government permits, because it is her interest to monopolize it. It is equally our interest to monopolize, & therefore if you please, s.r., we will prohibit the trade which her government permits, and which it is our interest to monopolize.
Great Britain can rightly prohibit our trade because it is her interest to prohibit it, have we not the right to prohibit her trade for the same reason? If she with right and justice can stop, and seize, and confiscate our vessels, because they attempt a trade which she forbids and only because she forbids it, cannot our government do the same in relation to her trade? If she can turn our vessels into her ports to pay duty and take out licence, what prohibits us from doing the same as to her vessels? England is a nation; so are we. England is independent; so are we. What prohibits us from doing to England what England does to us? Unquestionably nothing. To say that we have no right to do to England what England does to us, is to acknowledge our own inferiority; it is to acknowledge that she may demand without limitation, and that we are under obligation to submit without limitation.
I am aware that it may be objected to the resolutions that the adoption of them would lead to hostility; but the same objection is equally applicable to any resolution which would go to the vindication of our commercial rights. They ought not to lead to hostility; they are merely retaliatory. They follow the spirit of the British orders in council and French decrees, and therefore cannot be complained of by either power. There is a great and profitable commerce, and rapidly increasing, passing not indeed before our doors, but near enough to make the capture of vessels engaged in convenient to us, which the resolutions have chiefly in view. I allude to the Brazil and Spanish Main trade.
Is it not matter of surprise that a commerce so profitable, so extensive and so convenient, should have been permitted to a government which permits no commerce to us but what her convenience and interest suggest? Is it not strange that we should have suffered that government to participate in a commerce which both our interest and our convenience stimulate us to engross? But, above all, is it not inexplicable that we should passively have suffered the monopoly of it by her, when we ourselves were willing and able to engross it? The House will perceive on the face of the resolutions, that as they regard France neither by a war measure, nor by that which I have the honor to submit, can we come in contact with France; she has no commerce on the ocean. In relation to England it is short, infinitely short of war; because by her West India Islands, would be distressed, and our privateers would cut up her commerce; but the resolutions propose merely to retort the evils of her own injustice, to do to her what, and no more than what, she has done to us. Reserving for another occasion any further remarks, I beg leave to read the resolutions to the House.
Mr. Troup then read the following resolutions:
Resolved, That it is expedient to authorise the President by law to instruct the commanders of the armed vessels of the U. States to stop and bring into the ports of the same all ships or vessels with their cargoes the property of the subjects of the King of Great Britain and of the emperor of France, bound to ports other than those within the dominions or colonies of either.
Resolved, That it is expedient further to authorise by law the detention of all ships or vessels with their cargoes the property of the subjects of the King of G. B. until the duties to be regulated and ascertained by law shall be first levied and collected upon the goods and merchandise whereof the said ships or vessels shall be laden, and until the said ships or vessels shall have received due licence to depart.
Resolved, That it is expedient further to authorise by law the detention of all ships or vessels with their cargoes, the property of the subjects of the Emperor of France brought within the ports of the United States, there to abide the final decision or order of the government in relation to the same.
Resolved, That an ad valorem duty of _____ be levied and collected on all goods, wares or merchandise of British product or manufacture.
Resolved, That it is expedient further to authorise the President on payment of the duties authorised to be levied and collected on the goods laden on board vessels the property of the subjects of the King of Great Britain, forthwith to grant a licence to such vessels to depart and to proceed to the port of original destination without further hindrance or molestation.
The House having agreed to consider these resolutions—
On motion of Mr. Troup, they were ordered to be on the table as he stated to give to every member the same time to consider them as he had himself taken.
THIRD CENSUS.
Mr. Fisk said that among the objects to which the attention of Congress ought to be directed at the present session, was that embraced in the following motion:
"That provision ought to be made by law for taking the third census of the inhabitants of the U. S."
The motion was agreed to without opposition, and a committee appointed to bring in a bill conformably thereto.
Several petitions of a private nature were presented and referred.
Mr. Rhea (T.) reported a bill authorising the transportation of the message of the President of the U. S. and documents accompanying it, free of postage; which was read three times and passed.
TUESDAY, Dec. 5.
Mr. Gold presented the petition of the widow of Gen. Alexander Hamilton, deceased, praying to be allowed the amount due for half-pay to her deceased husband, which in his lifetime had never been applied for. Referred to the committee of Claims.
The following message was received from the President of the U. S. by Mr. Coles his Secretary.
To the Senate and House of Representatives of the U. S.
I now transmit a report of the Secretary of the Navy containing statements from that Department, referred to in my message of the 29th ult.
JAMES MADISON.
December 4, 1809. [Accompanying this message was a letter from the Secretary of the Navy enclosing sundry documents, to wit: (A) an exhibit of vessels of war and gunboats at this time belonging to the United States, &c. No. 1, an exhibit of warrants drawn upon the appropriations made by the act of Congress of 3d March, 1809, for repairs of vessels, for contingent expenses, and for clothing of the Marine Corps respectively; No. 2, an exhibit of warrants drawn upon the sum of 150,000 dollars transferred, according to the act of 31 March 1809, from the appropriation made for provisions to that of repairs of vessels; No. 3, an exhibit of the warrants drawn on 25,000 dollars also transferred from the appropriation for provisions to that for contingent expenses; No. 4, an exhibit of warrants drawn on 2500 dollars transferred from the appropriation for quarter-master's and barrack master's, stores for the marines, to that of clothing for the same.]
The message and documents were on motion of Mr. Phipps, referred to the committee of Ways and Means.
On motion of Mr. Newton a report of the Secretary of the Treasury, made on the 24th February last, relative to the official emoluments of the officers of the customs was referred to the Committee of Commerce and Manufactures.
Mr. Poindexter reported a bill supplemental to the act "extending the right of suffrage in Indiana territory and for other purposes," which was twice read and referred.
[This bill proposes to give to the governor of the territory of Indiana for the time being power to apportion the Representatives of the territory, in order to form a Legislature, to which the territory is now deprived by the peculiar operation of the law for dividing it.]
FOREIGN LICENCES.
Mr. McKim, after some remarks going to show that no subject more imperiously demanded the attention of the Legislature than the practice pursued by some Americans, or trading under foreign licences, submitted the following resolution: which was ordered to be for consideration.
Resolved, That a committee be appointed to enquire into the expediency of prohibiting by law, vessels owned by citizens of the United States from trading under the licences or permissions of any foreign prince or state, to any port or place not under the dominion of such foreign prince or state, and that the committee have leave to report by bill or otherwise.
THE subscriber hereby forewarns all persons from trading for or taking an assignment of a note or bond executed by him to Robert Mills, for the sum of fifty dollars, dated the 3rd day of June, 1807, and is the only note or bond executed by him to said Mills, as he will not pay the amount, the same having been obtained from him by fraud.
ANDERSON PARRISH.
Fluvanna County, Nov. 28th, 1809. Ip
At a meeting of the directors of the Richmond Turnpike Company on Wednesday evening, the 15th of November, 1809.
Resolved, That all shares of delinquent holders of shares in the said company be sold at the Washington Tavern in the city of Richmond on the 19th day of next month at 12 o'clock.
Resolved, That a call of five dollars on each share be paid by the share-holders in the company to the treasurer, on or before the first day of December next.
A Copy, N. SHEPPARD, CLK.
THEATRE.
The Public are respectfully informed, during the season there will be no postponement on account of Weather.
Wednesday Evening, will be presented the much admired Play called The Point of Honour; OR THE SCHOOL FOR SOLDIERS.
To which will be added the much admired Pantomime of DON JUAN; OR THE Libertine Destroyed.
Doors to be opened at five o'clock Curtain to rise at quarter past six o'clock precisely.
NO TICE.
NECESSITY compels me to make further application to all those who are indebted to the trustees of the Richmond Academy, by sales of lottery tickets of the first and second class and voluntary subscriptions, and all such are hereby requested to make payment to the subscriber to enable the building committee to pay all arrears for work done, and to procure materials this winter in order to proceed with the work next spring, it being for the education of our rising progeny, which ornaments and attaches them to republican principles and gives a spring to liberty and independence. I have undertaken the collection by agreement with John Brockenbrough and William W. Hening, Esqrs. the other members of the committee appointed by a board of trustees. As the building of the Academy has progressed considerably, I flatter myself there will be but little trouble in obtaining the money for the purpose of carrying into effect so laudable an institution.
ROBERT MITCHELL. December 8th, 1809. tf
JUST PUBLISHED, AND NOW READY FOR DELIVERY TO SUBSCRIBERS, AT S. PLEASANTS, JR'S. BOOK-STORE RICHMOND,
THE Statutes at Large; BEING A COLLECTION OF ALL THE LAWS OF VIRGINIA, FROM THE FIRST SESSION OF THE LEGISLATURE, IN THE YEAR 1619, PUBLISHED PURSUANT TO AN ACT OF THE GENERAL ASSEMBLY OF VIRGINIA, PASSED ON THE FIFTH DAY OF FEBRUARY, ONE THOUSAND EIGHT HUNDRED AND EIGHT. VOLUME I. BY WILLIAM WALLER HENING.
"The Laws of a country are necessarily connected with every thing belonging to the people of it; so that a thorough knowledge of them, and of their progress would inform us of every thing that was most useful to be known about them; and one of the greatest imperfections of historians in general, is owing to their ignorance of law."
PRIESTLEY'S LECT. ON HIST. pa 149
MONTICELLO, Dec. 1, 1809
Sir, I HAVE duly received the 1st Vol. of your Collection of our Statutes at Large, and return you my thanks for it. The opinion I entertain of the importance of the work may be justly inferred from the trouble and expence I incurred during the earlier part of my life, to save such remains of our ancient laws as were then still in existence. The compilation appears to be correctly and judiciously made, and gives us exactly what I had so long considered a desiderium for our country. It sheds a new light on our early history, and furnishes additional security to the tenure of our rights & property. Sincerely wishing you may reap the reward you have merited, I tender you the assurances of my great esteem & respect.
TH: JEFFERSON. WM. W. HENING, Esq.
FOR SALE, to the highest bidder, on the 20th of December, 1809, on the premises, a PARCEL OF GROUND, on the main street, at or near Rogers landing, and opposite to Lewis's wharf, belonging to the estate of Wilshire M. Lewis, dec. containing one hundred feet, or upwards, which will be divided into convenient lots to suit purchasers. Also, about 50 acres of LAND, bounded by the main Road, the line of Mr. William Mayo, Mr. Geo. Blakey and Gillis's Creek, which will also be laid out into tenements to suit purchasers. The terms of payment will be made known on the day of sale.
WALTER F. SHELTON. Executor of the said WILTSshire M. LEW. dec. November 29th, 1809.

(Continued from first page.)
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Thirty three years have passed away, since we have been ranked as a nation in the civilized world; and not one...
It is true that a faint effort was made some years past to establish schools in the respective counties throughout the...
Under whose wise and virtuous councils was our government formed? that fairest, freest and best gift of human...
It was a saying of Isocrates and many other sages of antiquity, "that it was the duty of those, who were entrusted...
In a rude and ignorant state of mankind, we see the gigantic strides of the pride and arrogance of the few, trampling...
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Let us figure to ourselves a country (and let that country be ours) growing steadfast and strong in the principles...
It may now be expected, that I should exhibit a plan of education, which would be most likely to accomplish...
So inconsiderable have they been, that even in the worst of times, no instances of oppression have occurred. Let us...
taxes, over and above, what would supply not only the necessities of life, but the real comforts...
It will be seen by a reference to the reports of the Auditor and Treasurer, what number of warrants are issued...
It requires but little resolution to remedy this evil, and also another of no less importance to society...
Your very obedient servant, JOHN TYLER.
By virtue of a deed of trust executed by John Dennis to the subscriber, bearing date the 25th day of July, 1807...
In order to complete the residue of the requisitions of the decree of the honorable high court...
William Duvall, administrator of William Price, deceased, Lucy Price, widow, and William D. Price...
The same defendants as above. We or one of us will positively proceed to sell, on the premises, at public auction...
JOHN PROSSER, WM. MONCURE, Commissioners. Richmond, November 23d, 1809.
A court held for King and Queen counties, at the courthouse, on Monday the 10th day of October, 1809. Joseph Mann, Plaintiff, In Chancery, Against John Lumpkin & James Lumpkin...
VIRGINIA. In Chancery, at Halifax County Court, 24th October, 1809. Between Anne Morton, formerly Anne Calpe, B. Wells...
VIRGINIA. At a superior court of chancery held at the capital in the city of Richmond, on the 21st day of September, 1809. John Lambert, representative and devisee of George Harper, deceased, Plaintiff, Against Thomas Key, Henry Key, William Bibb Key...
In Goochland County Court, October 16th, 1809. Thomas Eldridge, Jr. Adm. of Stephen Hubbard, deceased, Plaintiff, In Chancery, Against Thomas Bernard and Charles John...
THIS day came the plaintiff by his attorney, and the defendant, Bernard, not having appeared and tendered his appearance and given security according to the act of assembly and the rules of this court...
By virtue of a deed of trust executed to me by Richard St. John, for the purpose of securing to Thomas Reeder several sums of money therein mentioned, I shall on the 22d December next, by public sale...
FOR SALE.—A handsome, second hand, London built CHARIOT, which has been but little used and is in a good state of preservation.
JUST RECEIVED. A general assortment of Dutch Bolting Cloths, of superior quality, ALSO, 2 Piano Fortes. J. D. ARMSDATT, Richmond, Nov. 21, 1809.