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

The Enquirer.
Vol. 6.]
RICHMOND, TUESDAY, DECEMBER 12, 1809.
[No. 65.]
Published by Thomas Ritchie, nearly opposite the Globe Tavern, Richmond, Virginia. CONDITIONS: —Five dollars a year, to be paid annually in advance. Those who wish to be considered as annual subscribers, must hereafter designate it at the time of subscribing, otherwise their papers will be discontinued at the expiration of the first year. No paper can be stopped until all arrearages have been paid off—Good acceptances, in Richmond only, will be received in payment. The same rule as to Advertisements.
FOR SALE AT THIS OFFICE: The 5th Volume of the ENQUIRER, complete, bound in boards. VIRGINIA DEBATES; in the Convention, bound in calf, sheep and boards. BURR'S TRIAL; for Treason and for a Misdemeanor, in boards—By D. Robertson. LETTERS on the Subject of THE CATHOLICS; By Peter Plymley—from the 11th London Edition. BLANKS, for Lawyers, Clerks, Sheriffs, Constables, Merchants, &c. &c. which will also be printed according to any form exhibited, at the shortest notice.
JOHNSON AND REAT, JEWELLERS & SILVERSMITHS. At the crescent sign, opposite the Eagle Tavern—Have just received an additional supply of ARTICLES in their line, (which with their former stock will render their assortment very complete) consisting of— Pearl Ear-Rings, Ear-Rings & Drops, Breast-Pins, Bracelets and Finger-Rings. Jet Breast-Pins, Bracelets, Ear-Rings & Necklaces, tortoise-shell Combs of the most approved patterns, gold Watch-Chains, Seals and Keys of the latest patterns, Ear-Rings, Finger-Rings, Breast-Pins, Bracelets, Buttons, Buckets and Miniature Settings. Silver Tea-Pots, Coffee-Pots, Sugar Dishes, Spoon Bowls, Cream-Pots, Canns and Goblets. Table, desert, tea and salt Spoons, soup, toasty, cream and mustard Ladles, Salt-Stands, Thimbles, Coral & Bells, Tea Tongues & Pencil Cases, silver mounted Darks, Swords and Small-Boxes. Plated Castors of various prices, Candlesticks, Fruit Baskets, Tea-Pots, Sugar Dishes, Cream-Pots, Salt-Stands, Table Spoons and Tea-Tongs. Block tin Tea Pots and Tea Caddies, together with sundry other articles too tedious to enumerate here, all of which they offer on moderate terms. Orders for work strictly attended to—The highest price given for old silver and gold. December 7. eptf
TO RENT, and immediate possession given, the STORE-HOUSE & GARDEN formerly occupied as a Grocery by the late Samuel Pointer, on Shockoe Hill. Apply to BENJ. WOLFE, Exor. of SAML. POINTER, decd. December 9. 2t
SALES AT AUCTION. On Wednesday the 13th instant, will be sold, without reserve, at the office of the subscribers, a variety of Secrety, Medals and old Gold and Silver, belonging to the estate of Capt. Wm. Richardson, decd.—Also a quantity of Silver-smith's Sweepings, to be seen any day previous to the sale at Mr. Cowan's—Terms made known on the day of sale. By order of the Executor, FOSTER & SATCHELL, Auctrs. December 9. tds
All persons having left articles for repair with the late Captain William Richardson, are requested to call on the subscribers before the day of sale. FOSTER & SATCHELL.
FOR SALE —By virtue of a decree of the superior Court of Chancery for the Richmond district, pronounced on the 21st September, 1809, will be sold on the premises, on Saturday the 30th of this month, to the highest bidder, the BRICK HOUSE & LOT OF GROUND adjoining thereto, situate on Shockoe Hill on the main street leading to the turnpike road, and at present occupied by Mr. Joseph Carter as a Grocery—The sale is made to raise a sum of money, interest and costs, due from John B. Winn to James Gowan, assignee of James Innes, as particularly mentioned in said decree. JOHN F. PRICE, Commissioner. Richmond, December 9. tds
I HAVE REMOVED TO RICHMOND. October 31. BENJ. BOTTS. tf
FASHIONABLE BOOT & SHOE-MAKERS. The Subscribers next door above Messrs. Prosser and Moncure's Vendue-Office, just from Philadelphia—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 will merit a share of patronage in the line of their profession. CAMPBELL & PAUL. Three or four good Journeymen will meet employment as above. November 14. 2m
By virtue of the last will and testament of ROBERT MEARS, decd. will be sold to the highest bidder, on Wednesday, the 3rd day of January next, if fair, otherwise the next fair day, the LAND and PLANTATION belonging to the said Robert Mears, decd. in the upper end of Henrico county, containing, according to the deeds, three hundred and seventy-three acres, & lying on the Three-matched road, about a mile and a half above the short Pump. There are, on the premises, a two story dwelling-house, having two rooms below, with a passage, and two above, a kitchen, stable, kitchen, and an orchard of apple and peach trees. The lands will be sold according to the decree, and the sale will take place at the dwelling-house. The terms will be, one half of the purchase money to be paid at the end of twelve months, and the other at the end of two years, from the day of the sale. The purchaser to give good and approved security, with a deed of trust upon the property, to secure payment of the purchase money. DANIEL CALL, Executor of the Testament and last Will of ROBERT MEARS, decd. November 31. 2m
THE subscribers offer for sale, a very general assortment of GROCERIES, which they will dispose of on moderate terms, for cash, country produce, or approved paper. Also, 62 Kegs F and FF Brandy Wine Gun-Powder. WHITE & SHELTON. October 10.
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 Jones resided, in Loudoun county, with about 25 SLAVES, and the stock of Horses, Cattle and 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 our country. Two merchant 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 Timothy, & 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 last WILL OF JOSEPH JONES, the Elder. Albemarle, Oct. 27. 1907
THE SUBSCRIBERS having connected themselves in Business under the firm of MURPHY & CRUMP, Offer for Sale, in the store lately occupied by Mr. Wm. Temple, four doors above the Bell-Tavern: A general and well selected Assortment of GROCERIES, CHINA, GLASS, & STONE WARE, which they will sell low for cash or exchange for country produce. They also tender their services to the public as COMMISSION MERCHANTS. Any business committed to their care will be attended to with all possible dispatch. WILL: MURPHY, JOSHUA CRUMP. Richmond, December 7. 2m
ELIAS V. LACHAIZE, TAYLOR; RESPECTFULLY informs the Ladies and Gentlemen of Richmond, and its vicinity, that he has commenced business in the house next to Mr. Neilson's store, main-street, where he hopes, by assiduity and attention to all commands, to merit a share of public patronage. All orders executed after the newest and neatest fashions. November 21. 2m
N. B. Three or four good Workmen wanted, to whom the highest wages will be given. Apply as above. FROM THE NATIONAL INTELLIGENCER.
EXPOSITION OF THE CONDUCT OF THE HONORABLE FRANCIS JAMES JACKSON, IN HIS CORRESPONDENCE WITH ROBERT SMITH, ESQ. SECRETARY OF STATE.
The American government, and the nation at large, confidently relied upon the fulfilment of the arrangement of the 19th April, 1809, proposed by Mr. Erskine in the name of his Sovereign, and accepted by Mr. Smith in behalf of the President. This reliance was justified by the official form of the compact and the solemnity of its promulgation at Washington. It was, therefore, with extreme surprise that the American administration, and the people of the United States in general, received information that his Britannic Majesty had refused, not to ratify the provisional agreement, for it was supposed to have been ratified already, but to complete the stipulations which the arrangement clearly required. The agitation which it might be imagined would naturally arise from the unexpected avulsion of national faith and hope, by the disavowal of the compact on the part of the British monarch, was considerably assuaged and repressed by the implied promise of atonement and the pleasing idea of approaching amity, in some form or other, suggested by the prompt appointment of a new envoy to succeed Mr. Erskine. The delay between the period of his announcement as the successor of the minister whose act had been disavowed, and that of his arrival in America had, indeed, occasioned suspicions that the British cabinet was influenced by a spirit of insincerity; but the President and the people were still cheerfully disposed to receive the new missionary with undiminished cordiality, and to promote, by every honorable means, an harmonious temper and a perfectly good understanding between the two countries.
The choice of Mr. Jackson was certainly not a happy one for the occasion. England had thirty gentlemen of the diplomatic corps unemployed at the time he was selected, and it was considered as a singular election, that he alone, among so many ministerial agents disengaged, should be considered the suitable individual to reconcile America. The seizure of the Danish fleet was an act of enormous atrocity in the eye of a neutral power; and whether Mr. Jackson was an official agent in that affair or not, he was, with line and cry, pursued by the reputation of a good and lawful objection to Mr. Jackson also was, the offence which Denmark, a power in amity with the United States, might justly take at the reception of a man in the capacity of minister, who had been instrumental in wounding her sensibility and invading her rights. Of course, he could not be the most pleasing of all possible characters to treat with a government, whose pride and whose boast it had been, under three successive Presidents, to preserve the nation in a position so strictly neutral, that the sovereigns of Europe could not reproach it with a solitary departure from the responsible stand which it had taken under General Washington. The moment of Mr. Jackson's arrival, nevertheless, was auspicious to reconciliation: the citizens of the United States were reluctant to engage in war until urged to it in the last extremity; the administration had no prejudices against Great Britain; and in every quarter of the republic the people were wearied by hope continually deferred, and sighed for the restoration of a permanent state of things, which should admit of certainty in the pursuits of life, and put an end to the prolonged anxiety of the nation. The universal sentiment was in favor of peace and friendship with the British.
Mr. Jackson came, and the Secretary of State hastened from Baltimore to Washington to meet him. The fact is notorious: there was not the delay of an hour interposed by the administration to his immediate reception. The President, as soon as decency would admit, (and at a much earlier day than usual,) repaired from his residence in Virginia to the seat of government, and received, in the usual and official mode, the representative of the king of Great Britain, who approached in the semblance of a minister of peace.
From the tenor of Mr. Smith's letter of the 9th of October, addressed to Mr. Jackson, it appears that the Secretary of State had several conferences with the new envoy previous to that date. In reciting the points which had been the topics of their discussion, he states the result to be:
 1. That Mr. Jackson had no instructions to explain the reasons for disavowing Mr. Erskine's arrangement.  2. That on the subject of the Chesapeake only he was authorised to tender reparation, the official form of which should be subject to his revision and ultimate approbation before fulfilment.  3. That he had no instructions to make propositions in relation to the revocation of the orders in Council.  4. That at all events Great Britain was determined not to rescind her orders in Council in favor of America, unless the U. States would enter into a compact to continue the non-intercourse act with respect to France, permit the English navy to enforce that law, and entirely relinquish all trade with enemies' colonies during the present war. 
Mr. Smith concludes his letter of the 9th of October by inviting Mr. Jackson to correct any error which might occur to the latter in the preceding recapitulation, and by representing to him the desire of the President that the correspondence between them should in future be conducted in a written form.
The answer of Mr. Jackson to Mr. Smith, which bears date the 11th of October, is remarkable for one thing; it neither admits nor denies, specifically, thearithmetical enumeration of the points resulting from their personal interviews. A rigid examination of the language and spirit of Mr. Jackson's letter, however, will evince that the recapitulation of the Secretary of State is substantially correct. At the same time it must be admitted, even by the friends of the English government, that, as Mr. Smith had candidly and briefly stated his conception of what Mr. Jackson had said, and solicited correction if he was in error, it was Mr. Jackson's duty, in as brief and as candid a manner, to have replied to the statement.
How easily might he have said, the 1st, or the 2d, or the 3d, or the 4th specification is true, or it is not true? But, instead of this plain and direct method of answering the invitation for correction given by the Secretary of State, Mr. Jackson, like a man endeavoring to avoid a mortal thrust from the sword of his antagonist, wavers from the true position, and endeavors to shelter himself in a multitude of ambiguities. Finally, however, he tells Mr. Smith that he could not have made the statement with the view he supposed. "I could not," says he, "have made it with that view," as if it were of the least importance what view he made it with: it was sufficient for the American government to know that the British cabinet entertained such sentiments towards it in any view. It was not the view, but the doctrine, not the mode of avowing the anti-neutral principles, but the fact that those anti-neutral principles did exist and would be insisted on in relation to the United States, that was of the greatest consequence for the President to be well acquainted with. The very eager and acrimonious manner in which the new envoy seizes upon the circumstance of the President's requiring written instead of oral communications, as a subject of complaint, does not furnish the least color for the opinion that his disposition was intrinsically friendly, and it excited more than a doubt of the real object of his mission. After the surprising disavowal of Mr. Erskine's arrangement, and before even an explanation had been officially given of the reasons for it, a minister, whose true aim was pacification, was evidently departing from the true line of diplomatic policy in assuming that tone of haughtiness which proceeds from offended pride and swelling vanity. His manner, at the outset, betrayed that there was something rankling at his heart, which would grasp every opportunity, however ungracious, to vent itself, and diffuse the contagion of animosity through the whole body of the negotiation.
Mr. Jackson enters very much at large into a train of reasoning, to show that it had been in the power of his predecessor to make the required explanation relative to the disavowal of the arrangement, he contends that the explanation had, in effect, been made to Mr. Pinkney in London, and that, as he had seen no complaint on the part of the U. States, against the disavowal, he concluded that the American government was fully satisfied that his Britannic Majesty had a right to disavow the act. In this early stage of the correspondence, Mr. Jackson evinces that pertinacity of assertions, that saucy tartness of insinuation, which eventually led to the rupture of his communications. He insists that the conditions of Mr. Erskine's instructions had been submitted to Mr. Smith, not indeed in extenso, but in substance, and that the Secretary of State laid them before the President for his consideration. And after alluding to certain reasons which he says, addressing himself to Mr. Smith, induced you to think that other conditions might be substituted in lieu of
them," he proceeds to say, (still addressing himself to Mr. Smith,) "it may have been concluded between you [meaning between Mr. Smith and Mr. Erskine,] that these latter were an equivalent for the original conditions." It certainly required, on the part of the government of the United States, considerable forbearance, to peruse, with calmness and discernment, in an amicable way, the contents of a letter containing such gross and offensive allusions. The meaning of Mr. Jackson's language is palpable: It propagates the idea that Mr. Smith, with the knowledge and consent of the President and in behalf of the sovereign power of the U. S. descended to a clandestine connivance with Mr. Erskine, and urged the latter to substitute conditions of arrangement for which he had no authority, in the place of those contained in his instructions which he was imperatively bound to obey.
The introduction of such insinuations into his correspondence was additional proof that Mr. Jackson's thoughts were not attuned to harmony. It was surely unpleasant enough for the American administration to learn that the arrangement had been disavowed, under the pretext that the minister had departed from the tenor of his instructions; there was no necessity to insult the feelings of Mr. Madison and Mr. Smith by charging them with an open departure from the dignity of their stations, and with a secret and corrupt understanding with Mr. Erskine.
It would be useless to go extensively into the exposure of the equivocation which is manifested by Mr. Jackson, when solemnly declaring that Mr. Erskine had but one paper of instructions; for the assertion that the despatch from Mr. Canning to Mr. Erskine (of the 23d of January, 1809) is the only despatch by which the conditions were prescribed to Mr. Erskine, or the concurrence of an arrangement with this country on the matters to which it relates, is a misstatement of the fact, that, although there might have been no other despatch which "prescribed" the conditions, there were despatches or letters which modified them, or gave Mr. Erskine a discretionary power in relation to them. Mr. Erskine officially avows that "Mr. Canning's despatch of the 23d of January formed but one part of his instructions" and that he had, in effect, on that subject "several letters of instructions." In point of credibility, Mr. Erskine's evidence is certainly as respectable and weighty as that of Mr. Jackson. There may be those who will think it more so. The cunning which endeavours to weaken it, betrays its own designs. Mr. Erskine has never yet been known as the voluntary agent of inquiry, or given the world cause to call his veracity in question.
In the assertion that Mr. Erskine made known to Mr. Smith the conditions of his instructions, there is also a verbal quibble, by which Mr. Jackson artfully endeavors to perplex the understanding. He speaks of the conditions as if they were the despatch itself. In no form whatever was the despatch ever communicated by Mr. Erskine to the American government; and the conditions which it embraces and which were submitted for consideration to Mr. Smith, were delivered orally. This is what the Secretary of State evidently means when he says the three conditions were made known to him.
In relation to the principle assumed by the orders in council, Mr. Jackson is explicit and peremptory. There can be nothing more categorical. He nakedly maintains the right of the British cabinet to blockade by proclamation the whole coasts of a belligerent power, to cut off entirely all communication between the colonies and parent country of a nation at war, and in fact, he substantially and unequivocally asserts a prerogative in the British privy council, to erect itself into a sovereign legislative body to enact laws for the regulation of the commerce of the world in time of war. This is precisely the doctrine maintained by Mr. Jackson, when he says, "The total and unqualified interdiction of all trade with the enemy is correct in principle," and this principle he bodily declares, "however occasionally mitigated in its application, Great Britain can never cease to maintain."
After the impudent avowal of a doctrine so utterly subversive of all national law, of all moral obligation to respect the rights of a neutral power, it was but natural for Mr. Jackson to proceed, as he has done, to endeavor to persuade the American government that the assumption of so despotic and tyrannical a principle was an amelioration of an odious feature of the orders in council of November, 1807. He might, however, have very well spared the sneer which he impertinently puts on when he informs the Secretary of State, that "all trade with France and Holland, and the kingdom of Italy, is simply prohibited altogether," because a sneer does not come with the least grace in the world from a Briton to an American. Had he consulted the Burgoyne and the Cornwallis, they would have advised him better.
If, as Mr. Jackson avers in his letter of the 11th of October, "His Majesty is very sincerely desirous of maintaining a perfect and cordial understanding with the United States," it is very certain, that the arrogance displayed by His Majesty's representative was not at all calculated to promote the views of the sovereign. The real dispositions of men are commonly apparent in their manner of conducting business. When it is desirable to conciliate, a minister does not suffer wrangles to intervene with essential points in discussion; he smoothes the way to pacification by mild and gentle language, by amenity of style, by an unassuming temper, and by all those blandishments which soften the asperity of conflicting interests, and greatly assist in converting rivals or enemies into friends. Mr. Jackson's demeanor is exactly the reverse of all this; when he assumes right and power for his king, he does it with imperiousness; when he speaks of relieving the United States from grievances complained of, he delivers himself with a sneer; and when he would vindicate the rights of ambassadors, pretendedly violated in his person, he is obtrusively querulous. Whether the new diplomatic style of discussion, which seeks for peace and friendship through sneers and sarcasms, is derived from Mr. Canning, or whoever is the au-
thor of it, the world at large must lament its introduction into grave political correspondence. It is a style peculiarly unfortunate for a British minister, and, as already remarked, especially inapplicable to the United States of America. Of all the nations on the globe, the people of the United States, as well as their government, are the least liable of any to satirical reproof. It requires no great degree of historical knowledge to ascertain, that in every war in which they have been engaged, the American people have been victorious. Their aims are extremely pure, sustained by a single act of injustice. In the sight of God and man, therefore, in the two great points of equity and successful valor, the United States are superior to Great Britain. Why, then, should her minister taunt them with the sneer, that the English government has "simply prohibited their trade altogether?" Some of the British Lords are well convinced, that America in arms is no contemptible foe, and that it is easier for G. Britain to say she will prohibit the trade of this country entirely, than for her to do it. In truth, it is a swaggering boast, seemingly to vie with; and British ambassadors should be cautious how they indulge in these rude sallies, lest it might be supposed, that Great Britain has not yet forgiven the Americans for conquering her.
The wide difference, so very manifest, between what Mr. Jackson represents to be the friendly disposition of his sovereign, and the unpropitious complexion of his own sentiments, is either positive proof of the unfitness of the new envoy for the mission, or conclusive evidence of his prevarication. It is still hoped, that the feelings of the British monarchy are in favor of peace; but Mr. Jackson is certainly involved in a disgraceful dilemma: if the king and his ministry are desirous of reconciliation, then Mr. Jackson is an improper agent to effect it, and the American administration is completely justified in discarding him; and if the British cabinet is not favorably disposed to an eventual adjustment of differences, then Mr. Jackson has officially averred, in that respect, what is not true, and the government of the United States is equally justified.
In conclusion, Mr. Jackson confesses in his letter of the 11th of October, that he is not instructed to propose to the government of the U. States any formal agreement to be substituted for that which His Majesty had been under the necessity of disavowing; and that, as to the orders in council, it is a matter of indifference to Great Britain, whether the order in council be continued, or an arrangement by mutual consent substituted in its room. Thus, with his preceding observations, furnished neatly a complete development of the nature and tendency of Mr. Jackson's mission. "The total and unqualified interdiction of all trade with the enemy," he contended to be correct in principle, declared it to be a doctrine which Great Britain would never cease to maintain, admitted, that he had no new propositions to make, and that his sovereign, adhering to the spirit of the orders in council, was totally indifferent as to the form, but could by no means relinquish the substance of them; or, in other words, if the United States would by compact accede to the provisions of the orders, then, indeed, His Britannic Majesty would agree to substitute such compact for the orders in council. So far from this being a repeal of the orders in council, it was a demand on the American government to ratify them by law.
At this point of the discussion, the President would have acted perfectly correct in relinquishing all correspondence with Mr. Jackson on the subject of reconciliation—Great Britain was resolved to maintain her anti-neutral system. Mr. Jackson had nothing new to offer, he did not even come prepared to make an explanation; his style of correspondence was supercilious, his predominant temper irritable, and the whole train of his logic repulsive to a good understanding between the two countries. He was to be sure, if that which he says be true, "directed to receive and discuss proposals which the Secretary of State might be authorized to make to him." In other words, he was to constitute himself a tribunal for deciding upon the propositions of the American government. He would "receive and discuss proposals," just as the war office or post office of the United States would receive and discuss proposals for supplying the troops with provisions, or for carrying the mails; and the sum total of his instructions seems to have been to advertise the Secretary of State, that Mr. Jackson would thus "receive and discuss proposals," and by faintly intimating, that he was authorized "eventually" to conclude a convention, to awe the President to bid up for a contract. Mr. Jackson would not come out forthwith and declare what would be acceptable to him; but if Mr. Smith could reach his mark, if he co 11 gues (for it amounts to this,) what the instructions of the new envoy were, then Mr. Jackson would unfold the true object of his mission; he would condescend to open his portfolio and expose his secret. His conduct in this particular, is precisely as if a man should say, "I have nothing to offer in behalf of peace, nor can I, indeed, say exactly what I will agree to; but you may go on proposing, and if the President gives me enough for it, I will sell him a convention." Even admitting that the President could have deemed himself to this species of diplomatic legerdemain, to this kind of inde and seek correspondence, what prospect did Mr. Jackson's actual intimation hold out to him? None, that was at all consoling; the whole political landscape pointed by the new minister was barren and dreary. Although the successor of Mr. Erskine would not affirm positively what his sovereign would do, not d. He would not rescind the orders in council upon any other terms than a substitution in compact of similar provisions in the stead; he would never cease to maintain the prerogative of a total and unqualified interdiction of all trade with the enemy, and essentially speaking, he would not consent to abandon a single prominent feature of that maritime policy, against the whole system of which, the constituted authorities of America had uniformly protested. V. see.

then, was the use of making proposals to Mr. Jackson? Did he imagine, that the American government, in the pursuit of its rights, would waste its time and its labor for him to be received, and discussed & rejected by him? The gentleman was by this time discovered, that he has undervalued the cabinet of Washington, and committed his fame and his feelings (if feelings he has any,) to the thorns of ridicule and the sterile heath of contempt.
(To be Continued.)
Congress.
IN SENATE.
WEDNESDAY, December 6.
The resolution offered yesterday by Mr. Giles was read a second time. The bill to prevent the abuse of the privileges and immunities of foreign ministers within the U States was read a second time and made the order of the day for to-morrow. The bill authorizing the transmission of the message of the President of the U. States and documents free of postage, was read a second time. Mr. Pope's motion to amend the Constitution of the U. States was read a second time. December 7.—The following gentlemen compose the committee on so much of the message of the President of the U. States as relates to the organization of the militia of the U. States; Messrs. Smith of Maryland, Leib, Bradley, Sumpter and German. Mr. Leib gave notice that he should to-morrow ask leave to bring in a bill to repeal the law suspending the recruiting service. On motion of Mr. Pope, the consideration of the resolution and bill reported by Mr. Giles was postponed till to-morrow. The resolution for amending the constitution with respect to the tenure of office of the judges of the United States, was, on motion of Mr. Pope, referred to a select committee. The following gentlemen compose the committee: Messrs. Pope, Crawford, Goodrich, Brent and Lloyd. The bill from the House of Representatives supplementary to the act extending the right of suffrage in the territory of Indiana, was read and passed to a second reading. Mr. Pope gave notice that he should to-morrow ask leave to bring in a bill relative to Cumberland road. Mr. Bradley gave notice that he should to-morrow ask leave to introduce a bill to incorporate religious societies in the district of Columbia.
HOUSE OF REPRESENTATIVES.
TUESDAY, December 5.
Mr. Galt presented the petition of the widow of Gen. Alexander Hamilton, deceased, praying to be allowed the amount due from half-pay to her deceased husband, which in his life-time had never been applied for. Referred to the committee of Claims. The following message was received from the President of the U. States by Mr. Coles his secretary. To the Senate and House of Representatives of the U. States. 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 gun-boats at this time belonging to the U. 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 3d 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 of 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. Eppes, 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.
WEDNESDAY, Dec. 6.
Mr. M'Kim called for the consideration of the motion submitted yesterday respecting vessels trading under foreign licences—The motion was taken up and agreed to without opposition. MISSISSIPPI TERRITORY. Mr. Miller presented a petition of a number of the inhabitants of the district east of Pearl river in the Mississippi territory, praying for a division of the territory, which he moved to refer to a select committee. Mr. Poindester objected to the reference, and stated that, in addition to other forcible considerations, the Legislature of the territory, since the petition was presented to Congress at the last session, had unanimously passed a resolution, which he read, "that they view with the most marked disapprobation the object and views of the said petitioners, and that the Speaker forward a copy of this resolution to the Secretary of State of the U. S. and another to our delegate in Congress, requesting him to use his best exertions to prevent the prayer of the petitioners being granted." Mr. P. said that at the last session the petition was ordered to lie on the table; he wished to give it the same direction now. By a reference to the articles of cession and agreement between the United States and Georgia, it was expressly provided that the territory was to form one state. These articles could not be altered without the consent of the three contracting parties, the U. States, Georgia and the Mississippi territory. If it were lawful for Congress to divide it in one point, they might divide it ad infinitum and forever prevent any part of it from being admitted to the rank of a state in the union. The U. S. had stipulated with Georgia that the territory should be indivisible, and should become a state as soon as it had attained a population of 60,000 souls. If Congress were to grant the prayer of these persons, feeble as they are shown to be by an unanimous vote of the Legislature of the territory, including their own Representatives, they would do what the constitution forbids; they would form a small county containing 5 or 6000 souls, into a separate territorial government at an enormous expense, and in contravention of an express stipulation with the state of Georgia. It was true that all petitions should take the ordinary course of reference to a committee; but when a petition was presented praying for the violation of the constitution or of an express contract, it ought not to be referred. Mr. Miller said he had not the pleasure of an acquaintance with the petitioners and therefore could not say what character they bore, or how their petition might be affected by it; but in the petition itself he saw nothing to prevent its taking the usual course of all petitions. If it were true (and he did not dispute the fact) that no division of the territory could take place without the consent of Georgia and of the Mississippi territory, he could see no objection to the present application, because an application for an alteration
of the compact, to which the consent of three parties is necessary, must originate with one of them. If they were to apply first to the state of Georgia for a division of the territory, they would refuse to meddle with it because the consent of three parties was necessary; if they applied to the Mississippi territory they would receive the same answer; and for this reason the question would never be got at. He did not believe that the existence of such articles as those mentioned by the gentleman from Mississippi territory was a conclusive argument against referring the petition, because if the three parties should consent, the territory might be divided, notwithstanding their existence. Mr. Quincy said he knew nothing of the merits of the petition, but from its contents the arguments it offered appeared strongly in favor of a reference of it. The petitioners state that they are debarred from the comforts of civil society, that they have not even a regular judiciary. These petitioners he said had no Representative on the floor but the gentleman from the territory (Mr. Poindester) who wished to refuse a reference of their petition. Under these circumstances it appeared to him peculiarly proper that the petitioners should have their prayer considered by the proper organ of the House. It would be much more satisfactory to them to have their petition referred than to see it treated with contempt. Mr. Macon hoped, without declaring whether or not he would vote for a division of the territory, that the petition would be referred. These petitioners had been for several sessions urging the consideration of this subject by the House. Was it in the nature of man to be satisfied, when petition after petition forwarded by them was laid on the table? The House did not, indeed reject the petitions, but it would not consider them. Last session, a similar petition, presented through the Speaker of the House, had been ordered to lie on the table. What would be the consequence of giving the same course to this petition? The petitioners would come again. Mr. M. thought the petition had better be referred. A reference of the petition was a question very different from that of a division of the territory. The people say that they are oppressed, observed Mr. M. Let us enquire into it. It may turn out that they are merely dissatisfied, and wish for a change; or it may prove to be as they state. The right of petition is merely nominal, if petitions are to be laid on the table and never considered. Mr. Smith was of the same opinion with Mr. Macon. The law was as stated by the gentleman from the Mississippi territory; but every one could not be supposed to be as well acquainted with it as that gentleman was, and time ought to be allowed for a thorough examination into it. Mr. Poindester said it was not from any desire to stifle the consideration of the subject, but in conformity with the former proceedings of the House in this case, that he wished the petition to lie on the table. He was certain that the House had sanctioned the doctrine, where a petition was presented for an object manifestly derogatory to the constitution and to existing contracts, of refusing to refer it, even although upon subjects not immediately before the House. Would it not be much more proper to refuse to refer a petition praying for a manifest violation of the constitution, than to refer it? That granting the prayer of the petition would violate a solemn compact, he said he could show by a reference to the articles of cession & agreement. If so, why take into consideration that on which Congress could not act? They might as well refer a petition from a state for a secession from the union, or for an exemption from the penal laws of the U. S. If the petition should be referred, he should be content—he had done his duty in opposing its reference—he was confident that no committee of the House would be selected that would make a report in favor of the prayer of the petitioners, especially when they saw such a resolution passed by the Legislature of the territory at the express instance of their own Representatives. Mr. Uphaem expressed himself in favor of referring the petition, as he conceived he did not sufficiently understand the subject to vote at once to reject the prayer of the petition. Mr. Rhea (T.) said he had been sorry to hear any observations going to place the petitioners in a contemptuous point of view. If it was in the power of the House to relieve the petitioners, relief ought to be extended to them. He therefore wished the petition referred and hoped the committee would report at large on the subject. The motion for reference was agreed to; and the following gentlemen appointed a committee accordingly: Messrs. Miller, Bibb, Quincy, Brookshier, Lisle, Nicholson and Campbell. A message was received from the Senate by Mr. Otis, their secretary, informing the House that they had chosen the Rev. O. B. Brown their Chaplain. Mr. Love presented the petition of the President and Directors of the Potomac Navigation Company, praying to be allowed to raise a sum of money by way of lottery for the use of the said company; which was referred to the committee of the District of Columbia. On motion of Mr. Bassett, the committee of Ways and Means were discharged from the consideration of the message and documents yesterday received from the President of the U. States; and they were referred to the committee on the naval establishment. On motion of Mr. Poindester, the House resolved itself into a committee of the whole, Mr. Bassett in the chair, on the bill yesterday reported, supplementary to the act extending the right of suffrage in the territory of Indiana, and for other purposes. The bill passed through the committee and was reported to the House, and ordered to be engrossed for a third reading. DISABLED SOLDIERS. Mr. Nelson said he had at a former session had the honor to submit a motion which had for its object the relief of the infirm and disabled soldiers of the United States. He now again submitted it, deeming it unnecessary to enlarge upon the subject, as follows: Resolved, That a committee be appointed to enquire into the expediency of making provision by law for the relief of the infirm, disabled and superannuated officers and soldiers of the late revolutionary army and of the present army of the U. States; and that the committee have leave to report by bill or otherwise. The resolution was agreed to, and the following gentlemen appointed a committee accordingly; Messrs. Nelson, Hufly, Tallmadge, Clay and Desha. SYSTEM OF BANKRUPTCY. Mr. Whitman presented the petition of a number of the inhabitants of Portland, Maine, praying for the establishment of an uniform system of bankruptcy; which he moved to refer to a select committee. Mr. Newton moved to refer it to a committee of the whole House. Mr. Pikin wished the petition rather to lie on the table, than go to a committee of the whole. He was himself totally opposed to the object of the petition. Nothing would ensue from its reference to a Committee of the whole, as such a Committee could originate no proposition on the subject—reference of subjects to such committees being merely intended to afford an opportunity for a more free discussion of their principles. Mr. Smith said we had already had one bankrupt law, and had got rid of it. He believed every honest man abhorred the system. He was clearly and decidedly against touching the subject at all. Mr. Newton agreed with the gentleman from Connecticut and Pennsylvania that we have already had enough of bankrupt laws and one pivotal experience of their effects
too. He wished the petition to go to a committee of the whole, because when it once got there, there would be no hopes of its resurrection. The reference to that committee would be pronouncing its funeral oration and dismissing it honorably. Mr. Pikin observed that he had always understood that a reference of a motion to a committee of the whole was for the purpose of discussion and not for the purpose of getting rid of it. He wished it to lie on the table. If any motion were made on the subject of a system of bankruptcy, this petition could be referred to the same committee to whom it should be referred. Mr. Whitman said he was not at all satisfied that the subject ought not to be referred to a select committee. The petitioners respectfully prayed a consideration of the subject, and it was a respect due to them to refer their petition. Mr. W. said that the object of a reference to a select committee was, to collect information on the subject, to be submitted to the House. He was of opinion that if such information was before the House on this occasion, the minds of members would be very differently affected on the question. At present the different states had different bankrupt laws, the citizens of one state did not know what were the insolvent laws of another state, and thus unavoidably much difficulty arose. For this difficulty a remedy might possibly be found, on a mature consideration of the subject. Mr. Wilson said that if the petition prayed for a particular benefit to the petitioners, it might be proper to refer it to a select committee; but when they prayed for a general law, to which almost all appeared opposed, he could not see the propriety of referring it. For his part, his mind was made up against it; and if every gentleman was in the same situation, he could not see why it should be committed. Mr. Uphaem spoke in disapprobation of a general bankrupt system, but in favor of a reference of the petition. On the question of referring the petition to a committee of the whole, there were but 18 ayes. On the question of referring it to a select committee there were but 23 ayes. So the question was lost. The petition lies on the table of course. DANISH SPOLIATIONS. Mr. Whitman offered for the consideration of the House the following resolution: Resolved, That the President of the U. States be requested to cause to be laid before this House such information as he may have received and may deem proper to be communicated respecting seizures, captures and condemnations of the ships and merchandise of the citizens of the U. S. under the authority of the government of Denmark and its dependencies. Mr. Newton hoped that the terms of the resolution, if it were to be passed, would be extended so far as to embrace also "G. Britain and France," and made a motion for that purpose. Mr. Whitman said that his object was to obtain information on this subject, that Congress might be enabled as speedily as possible to adopt some mode of liberating our vessels, now detained, from the difficulties of the situation in which they are placed. He had understood that a great number of our citizens were in a situation which required immediate relief. It had been suggested to him that if proper measures were taken with regard to the property detained in Norway, it might be recovered; and that, if such measures were not taken, it might be wholly lost or in a great measure destroyed. With this view of obtaining information he had offered the resolution, and hoped that it would pass in its present form. Mr. Newton thought it important that an extensive view of this subject should be taken, and that all the information attainable should be procured. Although Denmark had done us injury, the two nations which he had mentioned had done us infinitely more. If the House took any view of the subject, he wished them to have the inquiries of all nations before them. Mr. Pikin said he had no objection to the addition of the words moved by the gentleman from Virginia, but he thought the House ought not to send so general a resolution to the President with respect to the two last powers, because, their vexation of our commerce having commenced from 15 to 20 years back, it might give the President some trouble to lay before the House all the information accumulated in that time. He therefore thought some limitation ought to be fixed as to the time which the motion should embrace. Mr. Newton presumed that of course the President would go no farther back than to the last communications made by the Executive on the subject. The amendment moved by Mr. Newton, to add "Great Britain and France," was adopted 31 to 45. Mr. Troup said he could not conceive the object of the original resolution. He hoped it had no allusion to indemnity for spoliations. After merchants had compelled the repeal of a salutary measure, and sent their vessels to sea in the face of the most manifest danger, it would be extraordinary indeed if they were to call upon Congress for indemnity. Mr. Macon was of opinion, if the information was called for, that some limitation of time ought to be expressed in the resolution; though for himself he did not want the information as to Great Britain and France. Your tables (said he) have from time to time been loaded with the nefarious proceedings of those two governments. As to the idea of the gentleman from Georgia, whether such a consideration is to grow out of the subject or not, I consider a question totally different from the present. The object of the present motion, as I understand it, is to get information officially of the captures by Denmark of our vessels; and I am decidedly in favor of it. Nor have I any objection to hear more of the doings of G. Britain and France, though I think every man in the nation has seen enough of them. On motion of Mr. Bassett, the resolution was further amended by adding to the end of it the words "nor heretofore communicated to Congress." And, after being thus amended, Mr. Whitman's motion passed without opposition; and Messrs. Whitman and Kenan were appointed a committee to wait on the President of the U. States with the said resolution. Mr. Morrow offered the following resolution which was agreed to: Resolved, That the committee on the public lands be instructed to enquire into the expediency of extending the time for issuing and locating United States military land warrants, and also the propriety of extending the time for completing the location of land warrants in the Virginia military
tract, and that the committee be authorized to report by bill or otherwise. And the House adjourned. Thursday Dec. 7. Mr. Morrow, from the committee of Public Lands, reported a resolution for reviving the law respecting British refugees, which was adopted and referred to the committee of Public Lands, with directions to bring in a bill accordingly. The engrossed bill supplementary to the act "for extending the right of suffrage in the territory of Indiana and for other purposes," was read a third time and passed. MANUFACTURES. Mr. Seybert observed that on the 5th day of December, 1791, the original report of the Secretary of the Treasury (General Alexander Hamilton) on the subject of manufactures was ordered to lie on the table. He said it was a document which contained much important matter and did honor to its author. He conceived it might be made the basis on which an important superstructure might be raised. He therefore moved that it should be printed for the use of the members of the House—Agreed to. On motion of Mr. Poindester, the following resolution was adopted, and a committee of five appointed in pursuance thereof. Resolved, That a committee be appointed to enquire into the expediency of extending jurisdiction to the superior courts of the several territories of the United States, in which a district court has not been established for the trial of treason and other offences against the laws of the United States, committed within the limits of said territories; and to empower said courts to pronounce such judgment or sentence, on conviction of the offender, or offenders, as the law directs, and that they have leave to report by bill or otherwise. Mr. Poydras presented a memorial from the Corporation of New Orleans against the claim set up by Edward Livingston, Esq. to the Batture in front of the Faubourg of St. Mary's. Referred to the committee of Public Lands. CHALLENGES, DUELS, &c. Mr. Bacon said he held in his hands three propositions which he deemed it his duty to submit to the House. They were not for the regulation of the great concerns with foreign nations, but for the necessary object of regulating themselves. It would be seen that these resolutions had not grown out of any personal considerations, nor out of any particular case, but out of the serious evils to which the house had been exposed by the want of such regulations from the commencement of the government. In 1796, the evil had risen to such a height that the house had unequivocally expressed its opinion on it. Mr. Bacon said he felt it his duty to express his sense on the subject by laying the resolutions on the table, and more particularly as he understood that the subject was now agitated in the committee appointed to draft rules and orders for the government of the House. He would merely remark that the resolutions might not be correct in form, or they might be altogether erroneous in principle. He was not anxious to the particular form; but he was decidedly in favor of the general object, and wished to take the sense of the House upon it. For himself he was well prepared to act on them; but for the convenience of others he wished them to lie on the table. Resolved, That the committee appointed to report on the rules and orders for the government of the House, do report a rule declaring, "That if any member in the course of debate shall make use of opprobrious or vilifying language with respect to any member, or to call into question the integrity of his motives, or those of either branch of the government in relation to the discharge of his official duties, except on a motion for impeachment or for other interposition of the constitutional powers of this House—or apply to either indecorous or reproachful expressions—it shall be deemed a breach of the orders of the House." That said committee be instructed further to report a rule declaring, "That if any person during the session of Congress, whether a member of the House or not, shall give or send to any other member during his actual attendance at the seat of government, a challenge to fight a duel, or if the member so challenged shall accept the same, it shall be deemed a breach of the privileges of the House, as well on the part of such members as on that of any other person whether a member or not, who shall be aiding, abetting or assisting in giving or sending such challenge, or in carrying the same into effect, and every such member shall be held liable to be expelled from the House therefor." That said committee be further instructed to report a rule declaring—"That if any person during the session of Congress, whether a member of the House or not, shall commit personal violence or assault upon any member during his actual attendance at the seat of government, it shall be deemed a breach of the privileges of the House, as well on the part of the person so assaulting, as on that of any other person who shall be aiding, abetting, or assisting therein, and such person if a member, shall be held liable to be punished therefor, at the discretion of the House." Ordered to lie on the table. Mr. Macon observed that the committee appointed to draft rules and regulations for the government of the House would sit on Saturday. Mr. Bacon then said he should call for the consideration of his motion to-morrow. ABOLITION OF DRAWBACKS, &c. Mr. Van Horn said that on Friday last, the gentleman from North Carolina (Mr. Macon) had moved several resolutions, and in the course of his observations had mentioned a wish, if he had been correctly understood, to admit something like a navigation act for the United States. Mr. Van Horn said he accorded cheerfully in that idea. It was time that their attention was turned to the powers which the constitution had given to Congress, and that they no longer suffered the time and patience of the nation to be exhausted in treating about treaty-making; for as to making a treaty by which commerce could be regulated, whilst the war continued in Europe, he had no expectation of it. He thought something must be done by Congress which should go to aid the commercial as well as agricultural interest of the country. When he spoke of the commercial interest, he meant that connected with the agricultural interest, and not that which grew out of the war in Europe. * By concurrence in the report of a committee, of which Mr. Madison was chairman, on the subject of a letter from Mr. Gunn to Mr. Baldwin, both members of Congress as well as on the case of Mr. Freylinghausen.
hope, and which our merchants would wholly lose in time of peace. He had five resolutions to present, of which he would briefly state the substance. The first, he said, went to give to the shipping of the United States the exclusive exportation of articles the growth, produce or manufacture of the United States. The second, proposed to confine American shipping to the exportation of articles, the growth, produce or manufacture of the U. States only. The third, by laying a discriminating duty, would give to American traders an advantage over foreign merchants in supplying us with such foreign articles as should be necessary for our consumption. The fifth went to repeal or modify the laws respecting drawbacks. That these laws were very deficient, every one must believe who reflected that the same drawback was allowed on all foreign articles exported, of whatever description, whether such as were manufactured or grown in the United States, or otherwise. Without further remarks, he offered the following resolutions: Resolved, That the Committee of Commerce and Manufactures be instructed to enquire into the expediency of prohibiting the exportation from ports or places under the jurisdiction of the U. States of any article the growth, produce or manufacture of the United States—except in ships or vessels owned and wholly navigated by citizens of the United States. Resolved, That the committee of Commerce and Manufactures be instructed to enquire into the expediency of prohibiting the exportation from ports or places under the jurisdiction of the United States in ships or vessels belonging to the U. States of any article which is not of the growth, produce or manufacture of the U. States. Resolved, That the Committee of Commerce and Manufactures be instructed to enquire into the expediency of laying an additional discriminating duty in favor of ships owned and wholly navigated by citizens of the U. States. Resolved, That the committee of Commerce and Manufactures be instructed to enquire into the expediency of prohibiting American ships and vessels from carrying articles, the growth, produce or manufacture of any foreign country from any foreign port or place to another foreign port or place. Resolved, That the committee of Commerce and Manufactures be instructed to enquire into the expediency of modifying or repealing the laws allowing drawbacks. Mr. Smith wished these resolutions to lie on the table and be printed. He suggested to the gentleman the propriety of committing them to the committee of Foreign Relations instead of the committee of Commerce and Manufactures. It was the opinion of the former Committee, that the nation was not now to take a hostile attitude, he had no doubt that the very subject embraced by those resolutions would be the object of its consideration. Mr. Van Horn said, he had no choice as to what committee they should go to; indeed, he would almost prefer any other committee than the committee of Commerce and Manufactures—and yet he had a high opinion of the gentlemen composing the committee; but, as they came generally from commercial towns, they might not be prepossessed in favor of the propositions, because it was usual and natural for gentlemen concerned in mercantile transactions to believe, that almost the whole world depended on them. Mr. Newton suggested the propriety of an early disposition of the resolutions, that whatever committee they were referred to, might have them immediately under consideration. The resolutions were ordered to be printed and to lie on the table.—Adjourned.
GEORGETOWN, Dec. 9.—The Senate, were debating yesterday on Mr. Giles's report published in our last; but on account of the smallness of the gallery, our reporter could not procure a seat to take the debate. Mr. Giles spoke for some time in support of his resolution, when the vote was taken upon it, and it was agreed to by the Senate. The bill authorizing the President to use compulsory process in relation to foreign ministers ordered to leave the country, was passed to a third reading, and after a few remarks from Mr. Hillhouse, postponed for further consideration until Monday next.—Ind. Am.
BALTIMORE Dec. 7.
LATEST FROM EUROPE.
By the arrival of the fast sailing brig Robert, captain Spafford, the Editor of the American has been obligingly furnished with a file of Altona papers, down to the 27th Oct. in 33 days from Toulon.
ALTONA, Oct. 27.
Extract of a letter from Paris dated October 18.
"We are assured that the Emperor will remain at the castle of Fontainebleau until the middle of December, when he will depart for Spain and Portugal. The castle of Marrac, near Bayonne, is already fitted up for the reception of the Emperor. It is said that the guards, a part of whom have been on their march since the 15th of Oct. together with the corps of Marshals Oudinot, Marmont and the duke of Abrantes, will go to Spain. The famous actor Dugazon, insane for some time past, is about terminating his career at Orleans."
Extract of a letter from Dresden, of the 13th October.
Austria cedes Galicia, Piume, Trieste, and Istria which are to be annexed to the kingdom of Italy. Some letters say that Piume & Trieste are to be held by the French and Austrian troops conjointly until the conclusion of peace with England. Bavaria extends her dominions as far as Linz. The grand duke of Wurtzburg will be declared sovereign of Tyrol, and the country of Salzburg. Bavaria, in compensation, will obtain a part of Wurtzburg. It is also said that the frontiers of the Dutchy of Warsaw will extend to the Saan.
Extract of a letter from St. Petersburg, Sep. 28.
"It is remarkable that the minister of Foreign Affairs, Count Nicholas Romanzow, who negotiated and concluded the peace, is the grandson of count Alexander Romanzow, who, under the Empress Elizabeth, concluded the Peace of Abo, and the son of the famous Marshal of the same name, who after having made so many conquests, concluded the ever memorable peace of Kainarschi. It is rare to see the third generation engaged in the steps of men who have been the honor of their age and the glory of their country, by the services which they have rendered and by their favorable attachment to their sovereigns. Count Nicholas Ro-

manzow has been appointed chancellor of the empire."
TORNTGEN, Sept. 23. The ship Amiable Matilda, has arrived here from New York. She brings American papers to the 19th of August, which contain the proclamation of president Madison, forbidding all communication with England and puts again in force the Embargo (non intercourse.)
PARIS, Oct. 19. We are assured that the port of Antwerp, by immense labor, is to be enlarged so as to contain a numerous fleet of vessels of war. It is said that the fortifications of Ostend are also to be enlarged. Slikens will also be put in a state of defence, and the fine sluices which are in the vicinity of this village will be sheltered by a coup de main .
FRANKFORT, Oct. 21. It is said that an army of 100,000 men, will remain in Austria until the conclusion of a general peace; and that a corps of reserve will remain cantoned in our neighborhood.
AUGSBURG, Oct. 20. We learn that the Emperor did not arrive at Munich this morning. The Italian troops have advanced from Trente to Botzen, of which they have taken possession. The Tyrolese cannot maintain themselves against the general attack with which they are threatened. The Bavarian troops are expected in a few days at Innsbruck.
The troops of Württemberg have left the environs of Vienna on their return home.
The French have already evacuated Moravia, which was immediately re-occupied by the Austrians whom the people received with acclamations.
STOCKHOLM, Oct. 20. The late king of Sweden has not yet obtained permission to quit the kingdom with his family. The states have not yet resolved upon the pension to be assigned him. He cannot depart until Sweden shall have concluded peace with France, Russia and Denmark.
WARSAW, Oct. 16. The anniversary of the battle of Jena was celebrated here with great pomp on the 14th. The whole city was illuminated. The general in chief Prince Gallatin, has received an order from his sovereign to maintain perfect harmony with the army of Poland, which is under the emperor Napoleon's orders, and to observe the greatest respect towards the inhabitants of Warsaw.
VIENNA, Oct. 21. In consequence of an order of the emperor, all the sick and wounded in a state of transportation, are to evacuate the hospitals and to be conducted to France.
The commandant of the city of Vienna, whose secretary was shot some days since, has been divested of his command, and his place is filled by the adjutant commandant Denzel.
Fourteen companies of sappers have arrived at Vienna. They are employed in destroying all the exterior fortifications which surround the city. These sappers are actually engaged in razing the fortifications which will tumble down. Thus Vienna will no longer be a place of war.
FANS OF THE MAINE, Oct. 2. Bohemia will undergo no change at the conclusion of peace. It is said that the emperor Francis will only make sacrifices in Upper Austria and Galicia.
Extract of a letter from Frankfurt, of Oct. 2. We are assured that the domains of the vice-roy of Italy are considerably augmented. Several French regiments are to pass through here the 5th and 6th. The rumor is that there will be formed an army of reserve in the county of Hanau.
STUTTGARD, August 19. A remarkable decree has been published here which contains these provisions: "His majesty decrees that all persons who shall publicly utter injuries against his person, shall be regarded as insane, and consequently shall not be subject to punishment. But to prevent them from hurting society, they are declared incapable of being engaged in any public employ."
NAPLES, Sept. 24. "We have received letters from Malta, of the 13th of this month; they state that the commerce of this island suffers greatly since the occupation of Trieste by the French, who have shut that port to the English. The Insurance companies have experienced immense losses by this event; the warehouses at Malta are loaded full of produce and colonial merchandise which have no opening for sale and have fallen to a very low price. A ready made shirt, of the finest Perkal, brings no more at Malta than 8 francs, but articles of French manufacture of every kind are very dear. Linen thread there is none, and its place is obliged to be supplied by cotton. A hat sells for 80 francs; a pair of shoes for 25; boots for 100; as for the rest, there is a surplus on the island. Houses which formerly let for 300 francs, now bring 3000 francs, &c. &c."
ROME, Sept. 23. All English Merchandise has been confiscated in the two departments.
There are henceforth to be in this city eight commissaries of police.
ENGLISH HONOR. Extract of a letter from Amsterdam, dated Oct. 21. The English, by the capitulation of Middleburgh, have guaranteed the safety of all property. In the meantime the commissaries and prize agents are permitted to sell at auction, in contempt of the capitulation, tea and spices which they found in the warehouses of our East India company and of several persons in Holland. The inhabitants of Walcheren have conducted themselves on this occasion in a manner which does them great honor. They have declared, that notwithstanding the actual scarcity of tea in Holland, they will not buy anything which they know to be the property of their fellow citizens. There is but one person in Flushing who has made a purchase of Tea, and he is treated with universal contempt. The English have been compelled to suspend the sales.
Extract of a letter from Copenhagen, dated 24 Oct. Several persons from Sweden assure us that the government has caused it to be published in posting bills of the 12th of the month, that all the ports of the kingdom would be closed against the English.
Mr. Adams, ambassador extraordinary from the U. S. of America, and charged with a particular mission to Copenhagen, and from thence to St. Petersburg, has arrived at Elsinore, on Friday last, with his family, on board of an American vessel.
The news of peace concluded between Russia and Sweden has already had a sensible influence upon the price of colonial produce, for example, the article of Tea which some days since sold for 21 marks, fell suddenly to 17.
The Enquirer.
RICHMOND, DECEMBER 12, 1809.
For the Enquirer.
No. I.
Thoughts on the necessity of a change in the laws relating to the Court of Appeals.
There is no subject which more justly merits the anxious solicitude and profound attention of an enlightened people, than the organization of its judiciary. The administration of justice, whilst it is one of the noblest attributes of government, is more essentially connected than any other, with the public happiness. It should be the first care of a wise legislature, that the stream of justice should flow clear, unpolluted and unimpeded in its course, and diffuse its salutary influence to every part of the community. It was in the spirit of this sentiment, that our legislature declared at a very early period, in the emphatic language of magna charta, that "justice or right shall not be sold, denied, or deferred to any man."
Whether our judiciary is so arranged in its various branches, as to answer the high promises contained in this declaration, those who are best acquainted with its operation must decide. For many years past, complaints have existed of the delays of justice; and many plans have been suggested for new modelling the judiciary departments, but they have generally proved defective, in being founded on too limited a view of the subject, and in not mounting to the sources of the evil complained of.
Frequent propositions have been made to multiply the courts, and in some instances such augmentation has been effected, yet the evil complained of is not remedied. The District system which so far as depended on a decision of causes, in those courts, could not in general be justly charged with delays of justice, has been exchanged for a superior court in each county. The benefits of this alteration are more than problematical; but it will certainly not accelerate justice, in cases where the parties can appeal to the court of appeals; but will retard it by greatly increasing the business in that court. The same effect would be necessarily produced by any other increase of courts with a power of appeal.
The more numerous the courts are, the greater will be the want of uniformity, in their decisions, and the more frequent the appeals from them. This is a position so obvious, to persons of experience in the practice of courts, that it requires no argument to support it. The delays of justice do not, it is believed, arise at present from the constitution of the chancery courts. They go through their dockets, and a suit instituted in them will be decided in a reasonable time. There is little danger of the superior courts, in each county, finding difficulty in performing the business over which they have at present jurisdiction.
It is by no means my intention, to enter into a comparative view, of the merits of the District system, and the one which has been substituted for it. This would lead into too extensive a field of inquiry. Nor is it my object, to examine the expediency, or constitutionality of extending to the circuit courts, chancery jurisdiction. This also is a fruitful theme, and well worthy a distinct and thorough investigation. The only motive for introducing either of those subjects, at present is, to show that a delay of justice in this country, does not, and has not for many years past resulted from the constitution of any court inferior to the court of appeals. This is asserted as a general proposition. There may be particular county courts, where justice is not speedily administered, and that might occasionally have been the case with some of the district courts, but the evil was by no means general.
The true source, of the unreasonable delays, which are now experienced by the people, in attaining justice, is to be found, in the defective constitution of the court of appeals, and they are only to be remedied by reforming the legislative provisions, in relation to that tribunal. The judges of the court of appeals are distinguished by their integrity, ability, and devotion to the duties of their office, but no human exertions can surmount the immense load of business on their docket, at present enormous, and every day increasing. There are now about five hundred suits on their docket, and the establishment of ninety superior courts, from which an appeal lies to the court of appeals, will greatly augment the business of that court, and make the prospect of its being kept up, still more hopeless.
The evils resulting from this situation of the highest appellate court in this state, a court which gives laws to all inferior tribunals, are incalculable. The extreme delay attendant on appeals to that court, will be pernicious to society, and ruinous to individuals. Debts will frequently be lost, by the great length of time causes will be depending, and debtors will be induced to appeal on frivolous pretexts, from a knowledge that when they get into the court of appeals, they may bid their creditors defiance. Such a state of things will be extremely unfavorable to public morals, and of most pernicious influence on society in general. Nor will this suspension of justice, fail to be attended with consequences which, though less palpable, will be no less destructive. The great benefit of an appellate tribunal in the last resort, is in establishing an uniform and consistent train of decisions, which may serve as rules of property, may regulate the conduct of individuals, and become binding precedents, to which all inferior tribunals will be bound to conform. But where such excessive delay intervenes between the decision of the cause, in the inferior and appellate tribunals, before the ultimate sentence is given, the points in controversy are forgotten, or cease to make an impression upon the people in general, or the tribunals which are to be regulated by them. It is a serious and melancholy consideration, that such is the situation of the court of which we are speaking. And what adds greatly to the anxiety, which this reflection is calculated to produce, is, that under the present state of things, each day aggravates the evil, and renders its remedy more difficult.
There is no essential difference between a country where justice is absolutely denied, and where it is so administered, that a citizen who appeals to the public tribunals, cannot foresee the period, however remote, when his wrongs will be vindicated, or his rights restored. It requires the exertion of the best talents, and most mature experience in our country, to prescribe the regulations which ought to be adopted, to remove existing evils, and to avert the still graver mischiefs, with which we are threat-
ened. But no where can the task be more safely confined, than to the patriotism and intelligence of our legislature. It shall be the business of a future opportunity, to point out some defects, in the present organization of the court of appeals, to state the causes which have produced the vast accumulation of business, in that court, and to suggest some ideas, which may not be wholly unworthy of attention, in any efforts which may be made to place that tribunal on a more eligible footing.
TO THE EDITOR OF THE ENQUIRER.
SIR, A period has arrived, which calls for the most serious attention of our Legislature, and I seriously demand their interference and aid, to guard against, and ward off an evil in which thousands would be involved. It is not my intention to enter largely upon the subject under consideration, but merely to induce an investigation which may lead to results which appear to me to be all important to the Planter and Farmer. The law for the suspension of Executions will now shortly expire, & some other ought to be substituted, which, while it guards and protects the interests of the Planter, should not prostrate the rights and interests of the Merchant.
The most immediate and pressing consideration which forces itself on the mind of every reflecting Planter, is this; what will our representatives do, and what ought they to do to prevent the alarming and ruinous depreciation of property which will necessarily take place, when all the executions and deeds of trust which are now tied up, shall be at once let loose? Will they not devise some mode to prevent this wide spreading ruin, to quiet the fears of the unfortunate debtor, and to save from the most heart rending calamities the widowed mother, and the helpless orphan? Ought not the Assembly at least to require, and ought not the Planter to expect, that a valuation shall be set on property which shall arrest the total depreciation which would otherwise follow the enormous speculations which would be made—the vast accumulations of property acquired by monied men at a tenth of its value, and the tremendous ruin of thousands of families?
This language is not the offspring of fancy, nor the effect of a heated imagination. The unavoidable consequence of such an extraordinary influx of property in the market, with the slender means of purchasers in the country, must in the course of human affairs produce the effects described. The detailed means of obviating these effects, it belongs to others to investigate. The writer of these remarks is satisfied with offering to the public a few humble hints. In the remedy adopted, no unnecessary fees should be carved out for Lawyers, no useless expenses imposed on the debtor. The public expect a remedy for the evil apprehended and would fain bear that one class of society should be loaded with burdens for the emolument of another. But I am fully sensible that a loss of fifteen or perhaps twenty per cent. would be better for the community, than the loss which would accrue to the public from the general state of things which will inevitably succeed the issuing of so many executions, without some salutary regulations to prevent it.
Might not the law be so modified as to make it necessary, that property taken under execution, should command three-fourths of its value, or the full value, as the Assembly may deem most proper; and if the creditor would not force the sale, at that value, suffer it to remain in the possession of the debtor, subject at any time to be retaken? It may be objected to this arrangement, that debtors may remove, and carry with them the property under such lien. It may be answered, that the power of arresting the property by attachment, or subjecting the holders to a penalty, might remove the objection to this mode of proceeding. I am one of the last men who would countenance a measure of a demoralizing tendency. Integrity and economy I consider as cardinal virtues in a Republic. But the evil which is feared, would grow out of an act of the Assembly, and surely the legislature ought to seek a preventive.
I would not be understood as objecting to the law of the last session of Assembly. The public voice loudly demanded relief, and I am satisfied the legislature with the purest motives, adopted such measures as were thought best adapted to the relief required, and the ends of justice. I am aware that a cry will be raised from the towns, & by monied lawyers and some others, against any measure like the one proposed. But there is a sacred and lawful duty which the representative owes to his constituents, which it is incumbent on him to fulfil, and the present crisis impetuously demands an effort. The great body of the legislature consists of men who represent immediately the landed interest, and to suffer the planter to be sacrificed to the cupidity of the merchant, or the speculations of the shaver, would be a dereliction of the most sacred of duties. The people want only a little time or the value of their property, to extricate themselves from all their difficulties. The embargo has had the most beneficial effects upon their manners and habits.
Let any Representative from the country reflect on the increase of domestic manufactures, and the great diminution in the consumption of foreign goods, and he will be convinced, that the people will soon recover from their embarrassments, if their property is not taken from them for a song. The best planters had contracted habits, by the use of foreign articles, which had involved them in debt. They have not yet recovered. The merchant often persuaded them to plunge still deeper: he sold to them his goods at an enormous profit; and let him not now purchase their estates at the tenth of its value. Who would be benefited by the depreciation mentioned? Merchants, many of whom are in their hearts enemies of our country—shavers who often lay out their money at the enormous profit of fifty per cent. and sheriffs who speculate on the misfortunes of their fellow beings, and take from the wretched mother, and her infant children their last bed without a sigh! Gracious God!
Are these the people who are entitled to all the indulgence and all the cares of our Legislature? How many thousands of judgments and bonds have been purchased by such people, with a hope that the Assembly would rise without opposing an obstacle to their extensive projects of plunder! But if they must have our property, let them give its value.
A PLANTER. It has been also proposed, to pay off executions by postponement, or by instalments—in the former, by postponing the levying of executions which are issued at one court, three or six months afterwards—in the latter, by empowering the debtor to pay them
off by degrees, and thus allow him a breathing time for the sale of his produce. In cases, where several executions have been levied at the same court upon the same man, both these aids might be combined.
MR. NICHOLSON'S RESOLUTION. The Charter of the Bank of the U. S. will expire in the year 1811—Congress, therefore, during their present session, will have to decide on its extension or its exit.
Mr. Nicholson, of New York, has already opened the campaign by a bold and daring resolution. The boldest friends of usurpation could scarcely have desired a more ingenious plan for sweeping off the state Sovereignties, and leading to a consolidated form of government.
Mr. N's scheme is for "a general national establishment of banks throughout the U. States"—but the plan does not stop here—"the profits arising from the same, together with such surpluses of revenue as may accrue, (are to) be appropriated for the "general welfare" in the construction of public roads and canals, and the establishment of seminaries for education throughout the United States."
Let us say nothing of the adroitness of a scheme, which would reconcile us to the burdens of a bank, by those beneficial institutions which its profits would produce—Let us pass over the ridiculous burlesque on converting the government of the U. States into a grand mercantile speculating association, which draws its profits from Bank Stock and Bank operations. Let us pass over those conveniences which have been ascribed to a national banking institution, as a great engine of finance, for receiving and paying off the monies of the U. States—conveniences, which have been so greatly overrated, more particularly since the institution of the State Banks. Let us pass over every other consideration, in order that we may propose one single question to Mr. Nicholson. "Is your scheme, sir, a Constitution or not?"
It is useless to plead the conveniences and uses of a Bank—it is dangerous to urge the charter of the "U. S. Bank," as an argument for our acquiescence in a violation of the Constitution—it is useless to expatiate on the beauties and the precautions of Mr. Galatin's proposed modifications of the original charter—all these arguments ought to be of no avail, unless there be something in the Constitution itself to justify the exercise of such a power. We stop you then, at the threshold, sir, and we demand the passport under which you act. Shew us that clause in the Constitution, which permits you to devise "a general establishment of Banks."
You refer us to the paragraph in Art. 1. Sec. 8. which contains the "power to lay and collect taxes, duties, imposts and excises, to pay the debts and to provide for the common defence and general welfare." On at least, from the words of your resolution, your argument would seem to be this: Congress have the power to appropriate for the general welfare, in the construction of roads and canals, and the establishment of schools—and as a means towards this end, they have therefore the power to establish a national banking system whose profits are to be appropriated to those purposes. A more perfect rope of sand was never put together.
You have mistaken the true meaning of the clause, to which you refer. We refer you to the true construction of this clause which is contained in the luminous Report of Mr. Madison to the Legislature of Virginia, respecting the Alien and Sedition Laws. Congress are not here authorized to provide for the common defence and general welfare—but simply to lay and collect taxes, &c. "for the common defence and general welfare." The words in the 8th section of the "Articles of Confederation" from which this clause seems chiefly to have been copied, are to the same effect: "All charges of war, and all other expenses that shall be incurred for the common defence and general welfare, and allowed by the U. States, in Congress assembled, shall be defrayed out of a common Treasury, &c."
"This similarity, says the Report, in the use of these phrases in the two great federal charters, might well be considered as rendering their meaning less liable to be misconstrued in the latter, (the Constitution) because it will scarcely be said, that in the former (Art. of Conf.) they were ever understood to be either a general grant of power, or to authorize the requisition or application of money by the old Congress to the common defence and general welfare, except in the cases afterwards enumerated, which explained and limited their meaning."
"The true and fair construction of this expression, both in the original and existing federal charters, appears to the committee too obvious to be mistaken. In both, the Congress is authorised to provide money for the common defence & general welfare. In both, is subjected to this authority, an enumeration of the cases, to which their power shall extend. Money cannot be applied to the general welfare, otherwise than by application of it to some particular measure, conducive to the general welfare. Whenever, therefore, money has been raised by the general authority, and is to be applied to a particular measure, a question arises, whether the particular measure be within the enumerated authorities vested in Congress."
"This remark is true not only of the measure to which the money is to be applied, but of the measure by which the money is to be raised. The same report, p. 45, gives us the following test, by which the constitutionality of any particular measure is to be fixed: Whenever a question arises, concerning the constitutionality of a particular power, the first question is, whether the power be expressed in the Constitution. If it be not expressed, the next enquiry must be, whether it is properly an incident to an express power, and necessary to its execution. If it be, it may be exercised by Congress. If it be not, Congress cannot exercise it."
ed, still less will it be said, that they are necessary to the execution of any power, which is expressly given. And if they are not given, they are reserved to the states respectively, or to the people.
Does Mr. Nicholson then advocate a scheme, which is not sanctioned by the constitution? Does he wish to take out of the hands of the state sovereignties, those powers which are most emphatically local , and transfer them to the general government?—Does he wish to throw down the barriers between the state and general governments, and merge the U. S. into one consolidated sovereignty? We appeal to the jealousy of the state rights for our "shield and our sword."
[FOR THE ENQUIRER]
Purcell vs. Purcell. This case was published in this paper in October last: since then the defendant's counsel made application to the judges of the court of appeals, for leave to carry on the case, to that court, by appeal, which they unanimously refused, and expressed themselves perfectly satisfied with the decree upon the merits, so that the doctrine of alimony may now be considered as settled.
Erga omnes. In the former publication.
In the 4th paragraph of the chancellor's first opinion, 37th line, omit the word "as."
In the 1st do. of do. 16 and 17 lines, for the words, "to such," read "taken."
In the 2d cause assigned for refusing the appeal, for the word "proceeding," read "pending."
Alderson vs. Duggars et al. In the Chancellor's opinion for the words "although it may effect even the interest of the bar," read, although it may affect even the interest of the bar.
On Saturday last, Mr. Andrew Reed of Rockbridge was elected, by joint ballot of both houses, a Councillor of State, vice Alexander Stuart, Esq. resigned.
Col. William Madison was elected by joint ballot, Brigadier General, vice Gen. John Minor resigned.
Mr. Samuel Pleasants, junr. is re-elected Public Printer without opposition.
The Senate adjourned on Saturday last until the 27th Inst.
The Western Centinel , printed at Knoxville, (Ten.) of the 18th ult. says—
"Passed through this town yesterday evening, on his way to take the command of the army at New Orleans, Gen. WADE HAMPTON."
This day is Published, from this Office, Mr. Wood's "New Theory of the Diurnal Rotation of the Earth," demonstrated upon mathematical principles, from the properties of the Cycloid and Epicycloid. It is a work which will do honor to the attainments of the Author. How many of the discoveries of science have owed their first hint to some minute event! The fall of an apple is said to have given the first hint to Sir Isaac Newton of the law of gravitation. The work before us owes its birth to one simple question, which filled all the city of Richmond, during the last summer, with wonder and philosophy—it was, whether the top of a wheel moved faster than the bottom?
While others expended their breath upon this single point, the genius of Mr. Wood seized on the truth which were struck out—from the cycloid curve described by the points of the wheel, he traced out the laws of their velocity—and applied the application of these truths, to the Globe itself on which we stand. He has attempted to show, how the winds, the tides, and the falls of meteoric stones may be affected by them. Some of these ideas may have shot forth too luxuriantly—but their germ & stamina are immortal. The laws of gravitation or of centrifugal force are not more certain, than the motion of the Globe in a curve approaching the Cycloid. It is to be hoped, that this New Work will attract the notice of the Public!
DIED—On the 15th 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 enterprise 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.
Richmond Theatre.
The public are respectfully informed, in future there will be no postponement on account of weather.
On Wednesday Evening, December 13, 1809, will be presented the much admired PLAY called
The Point of Honor;
OR,
THE SCHOOL FOR SOLDIERS.
To which will be added the much admired Pantomime called
DON JUAN;
OR,
THE LIBERTINE DESTROYED.
Doors to be opened at 5, the Curtain to rise at 6 o'clock.
In future the days of performance will be on Monday, Wednesday, Friday and Saturday.
December 12, 1809.
THE SUBSCRIBER gives Notice, that with a view to the education of his own Children, he has determined to remove his family to the City of Richmond—He has rented the House at present occupied by the Chancellor, and proposes taking 10 or 12 young boys or girls into his family as boarders.
He pledges himself that the most rigid attention shall be paid to the morals and general welfare of such as may be committed to his care. The situation he has chosen is high and healthy, and sufficiently convenient to the Academy. He expects to be in readiness to receive boarders by the 10th of January; in the mean time any communications on this subject may be addressed to him at Columbia. His price for board is $120 per annum; one third to be paid in advance, one third in six months, and the balance at the end of the year, each boarder finding his bed. RO. QUARLES. December 12. BANK OF VIRGINIA.—The Stockholders are hereby notified that the first Monday in January, is the day appointed by law for a general meeting, for the purpose of choosing Directors of the Bank and the several officers of Discount and Deposit. JOHN BROCKENBROUGH, Clerk. December 12. THE SUBSCRIBER has commenced and will continue to practice LAW, in the Superior and Inferior Courts of Caroline and Essex counties; letters addressed forthem to the Bowling-Green Post Office will be attended to. JOHN BAYLOR. New-Market, Dec. 12.

Miscellaneous.
LATEST FROM EUROPE.
By the New Packet, Capt. Pratt—London dates to October 21. LONDON, Oct. 21.—We have never entertained any doubts of the authenticity of the intelligence received from Holland, of Peace having been signed between Austria and France...
AMSTERDAM, October 11.—We hasten to communicate to our respected readers that the Burgomaster of this city received, early in the morning of this day, a letter from his Excellency the Minister of War, dated from Louv, containing an official notification that the Peace, between France and Austria, was signed, on the 3d of this month.
Spanish Papers arrived this morning to the 27th ult. Their contents would have afforded us pleasure, had we reason to believe that Bonaparte would remain occupied on the banks of the Danube. But the moment he has finished the business with Austria, will be the signal for marching against Spain...
A letter from Gibraltar says—“The utmost discontent against the present government prevails throughout Spain, and the Junta are so apprehensive of an insurrection at Seville, that they have ordered ten thousand men there from the armies, to protect their persons. Marquis Wellesley attends the Supreme Junta twice and thrice a day; but there is reason to suppose that he is justly dissatisfied with their conduct.”
BALTIMORE, Dec. 6. Extract of a letter from a respectable correspondent at Amsterdam, of 13th October, received in this city. “The news of the day is, peace with Austria which according to some, is established upon a footing that affords a prospect of a general peace. The conditions however, are not yet known. Some pretend to say that Austria loses Gallicia, the greatest part of Dalmatia, and the Isles of the Adriatic, with Trieste and Fiume, that part of Austria as far as Lutz; but she is obliged to reduce her army, and pay two hundred thousand florins (Austrian) It is also said that Poland is to be made a kingdom, and that some changes will be made in the government of Spain.”
NOVEMBER 29. We have been favored by Captain Small with a proclamation issued at the City of Santo Domingo, by the Spanish commander in chief, Don Juan Sanchez Romarate, Governor-Intendant and Captain General pro tem. of the Spanish part of the Island. The proclamation is dated the 19th Oct and its principal object is to accelerate the departure of the French. We handed it to a gentleman for translation who returned it with the following extracts, being all of any interest to the American reader.
“The 7th article deserves the attention of masters of vessels, as by being ignorant of it, they might subject themselves to a heavy fine and imprisonment—it is couched in the following words: “Any French individual (of either sex) who shall come into this part of the island, under any pretext whatever, shall be taken up and punished according to circumstances; and the master of any vessel who shall introduce, or be instrumental in the introduction of any such person, shall, if he be a foreigner, suffer fifteen days imprisonment, and pay a fine of five hundred dollars; and if he be a native, he shall be proceeded against according to law, and punished according to the merits of the case.”—Herald.
The following extracts from the Journals of the British House of Commons show the course pursued by that body in a case analogous to that of Mr. Jackson, wh. ch. Mr. Greville doubtless had in his eye on offering the resolutions that will be found among the proceedings of the Senate. Extracts from the Journals of the House of Commons. Mercanti, 8 die Martii; Anno 15 Georgii, Regis, 1736. Resolved, That an humble address be presented to his majesty, that he will be graciously pleased to give directions, that the memorial presented to his majesty on Thursday last, by monseur de Palm, the imperial resident, may be laid before the house.
“Ordered, That the said address be presented to his majesty by such members of this house as are of his majesty's most honorable privy council. Anno 13, Georgii, Regis, 1726. And a complaint being made to the house, that the substance of the said memorial had been printed and published in a paper entitled, Translation of the memorial presented in Latin to the king of Great Britain, by monseur de Palm, the imperial resident upon the speech of his Britannic majesty, made to the two houses of his parliament on the 23 17 of January, 1726 7.
The said printed paper was brought up to the table and read. The said printed paper is bound up with the other papers of this session. Resolved, nemine contradicente, that an humble address be presented to his majesty, to express the highest resentment of this house at the open and indignity offered to his most sacred majesty, by the memorial delivered by monseur de Palm, the imperial resident, and at his insolence in printing and disseminating the same throughout the kingdom; to declare their utmost abhorrence of this audacious manner of appealing to the people against his majesty, and their detestation of the presumptuous and vain attempt, in endeavoring to instil into the minds of any of his majesty's faithful subjects, the least distrust or confidence in his most sacred royal word.
To return his majesty the thanks of this house for his care and vigilance in discovering the secret and pernicious designs of his enemies, and his goodness in communicating to his parliament the dangers, that threatened this kingdom; and to assure his majesty that this house will stand by him, and support his majesty against all his open and secret enemies, both at home and abroad; and effectually defeat the expectations of all such as may have, in any manner countenanced, encouraged or abetted the disturbers of the public tranquility, in this extravagant insult upon his majesty; or flattered them with hopes, that an obsequious servitude in their destructive measures could stagger the firmness of the British nation in vindication of his majesty's honor, and in the defence of their rights and privileges. Ordered, That a committee be appointed to draw up an address, to be presented to his majesty, upon the said resolution. Veneria, 6 Martii; Anno 18, Georgii Regis, 1735.
Mr. Speaker reported, that both houses did yesterday attend his majesty with their address—to which his majesty was pleased to give this most gracious answer: My Lords and Gentlemen, Your unanimous concurrence in this dutiful and affectionate address gives me the greatest satisfaction. The just concern you express for my honor, and the dignity of the crown is very becoming a British parliament; and this fresh proof of your confidence in me will convince the world that all attempts to divide our hearts and interests will be vain and ineffectual.
STATE OF MASSACHUSETTS. IMPORTANT TRIAL AT AUGUSTA. On Thursday the 13th instant. Elizer Barton, David Loring, James Meigs, Ansel Meigs, Nathaniel Loring, Prince King, and Adam Pitt, were arraigned before the supreme judicial court, held at Augusta, by adjournment, for the murder of Paul Chodwick, in the town of Malta. They all pleaded not guilty, and desired to be tried together, and to join in their challenges. The court having met at a late hour in the forenoon, adjourned until the next morning, when the jury having been impanelled, the solicitor general, in a very able manner, introduced the cause to the jury, stating the importance of the trial, and the necessity of proceeding to it with a due regard to the claims of the prisoners and the violated laws of the country.
The witnesses were then examined, and the dying declaration of the deceased taken and sworn to before a magistrate, in which he stated the circumstances of the assault upon him, and identified two of the prisoners as being of the party, disguised like Indians, who fired upon him, was read to the jury. Evidence of the confession of all the prisoners was given by the justice before whom it was taken. This course of proceeding, together with some witnesses produced by the prisoners, occupied five days. The two next days were employed by the counsel for the prisoners and by the solicitor general, in their observations upon the evidence. Perhaps no cause of this nature was ever managed with more professional ability in this country. Mr. Wilde and Mr. Mellen explored every recess of ingenuity to excite a reasonable doubt on the minds of the jury, and were followed by the solicitor general in a speech of about four hours, at the conclusion of which, perhaps, not one of the numerous spectators, whatever they may have been, would have any hopes that any of the prisoners would be acquitted. The evidence was exhibited in such a clear distinct manner, and the arguments of the prisoners' counsel were so combated, that the acquittal of any of the prisoners could be expected from no other cause, than the tenderness of the jury.
The evidence was summed up by Judge Parker in a speech of near two hours. The other Judges then stated that there was no necessity for them to add anything except that they perfectly concurred in the view of the cause as taken by Judge Parker. The Jury withdrew on Tuesday the 23d, at half past twelve o'clock P. M. and remained together until Saturday 11 o'clock A. M. when a verdict of acquittal was returned in favor of each of the prisoners, and they were severally discharged.
Whatever may have been the opinion of a crowded audience respecting this verdict and whatever sentiments may be entertained by the public—it should be considered until the evidence is published, improper in any man to arraign the conduct of the jury. The whole trial was taken down in short hand by a gentleman of great accuracy in that species of writing, and in the course of a few weeks, the public will have an opportunity of deciding upon the correctness or incorrectness of a verdict, which to say the least, surprised every one who heard it.
Great solemnity was observed during the whole of this uncommonly long trial: the court, though sitting, by adjournment, was opened with a prayer by the Rev. Mr. Gillely—and the great concourse of people was kept in perfect silence and order by Sheriff Chandler, who in the whole of this arduous business has conducted with great energy and discretion. It is a circumstance worthy of notice, that the several companies of militia which have been called on duty from an apprehension of an attempt to rescue the prisoners, have repaired to their posts with alacrity, completely armed and equipped—indeed they wasted nothing but uniform clothing to give them the appearance of regular troops. They have also evinced the most decided resolution not to suffer the government or its laws to be abused or trampled on.
STATE LEGISLATURE.
Wednesday the 8th ult. terminated the session of the Vermont Legislature. A variety of public and individual concerns have been acted upon and disposed of. Domestic Manufacturing Arts in particular receive liberal encouragement. The Manchester Cotton & Woollen Manufacturing Company—Windsor Cotton and Wool Manufacturing Company—Vernon Mineral Factory Company—(for manufacturing copperas and vitriols)—and the Middlebury Marble Factory, have been severally incorporated.
The credit of the State Bank is likely to revive under legislative protection. An address to the President of the U States passed without debate—the opposition being look-jawed.
The public printing hitherto executed by Mr. Spooner, proprietor of the Journal, is transferred to the Vermont Republican, published at Windsor.
The police of the state were never more decisive. The following shows the republican increase in the House of Representatives since last year.
Table with 2 columns: Year, Party, Count. 1808: Republicans 108, Federalists 91. 1809: Republicans 123, Federalists 73.
HOME MANUFACTURES.
As the papers are noticing this subject in different parts of the Union, it will not be improper to mention one of some consequence to the public, that is going into operation in our own neighborhood, the invention of Dr. Buff, for making pressed or solid shot. The public have already been informed of the astonishing product of these machines, and we understand the inventor is preparing to have them examined by select characters in a few days, as a preparatory measure towards opening subscriptions, and forming a company, for the purpose of carrying on the business extensively. The expense of manufacturing shot in this way will be considerably less, the machinery is in a good state of forwardness, and the whole process can be performed, with a small force, in a room of 25 feet diameter. Ind. Amer. (Georgetown)
Water-proof Mixture for Shoes and Boots. The following mode of making leather impervious to water, may be at this time useful. Over a slow fire, melt together an ounce of the oil of turpentine, the same quantity of beeswax, half a pint of Burgundy pitch and about half a pint of resin. With this mixture wet the boots and shoes with his brush, and let them be moderately warmed by holding them to the fire, until the pores of the leather are filled with it. This mixture will make them soft and pliable, able to retain durability, renders them impervious to water, and by keeping the feet warm will prevent chills and those chilblains, or painful sores on the feet to which many persons are subject. It is so material that it is not at hand, moisture may be kept from passing through the soles of shoes or boots, by warming them and then stopping the pores by applying as much dry linseed oil (that is, oil boiled upon litharge) as the leather will imbibe. Corral varnish has nearly the same effect. Shoes or boots intended to be prepared in this manner, ought to have the sole rubbed or polished when new. After the boots and shoes are prepared in this manner, they ought to be suffered to be perfectly dry before they are worn, in which case the mixture will give them nearly twice the durability they would otherwise have as it is when the fibre of the leather is rendered soft and spongy, or wet, that the wearing or abrading takes place.
THE COPPER'S PORTRAIT, IN ITS ORIGINAL COLOURS.
What skilful Limner, in some small a space; In colors of no common hue; From solar prism to carnal view, Hath sketched the red and Bacchanalian face So boldly and so true? The artist was no water-colorist, Who congregates the motley rays of light Into a vulgar medley—mixed and melted, Who for the meagre outline of a head Grinds down the sickly white, and dauby red, With which some artist of mind, the human face he's pelted. He, happier artist, rather chose H. kimbred colours to compose, Of the same stock the original inherits:— Prompt to the impulse of the thought Elate the reeling painter sought, Deep in the cellar's store, the different wines and spirits. Dipping his brush their hues among, Around the semblance of each grace he flung, And saw with all a painter's eyes, The teeming colours in reflection rise. —Shooting within the glowing cheek, He saw the blush of Sheri's streak: Paler it seemed, as more remote it rose, And deeper as it reach'd the precincts of the nose. Now, ever and anon, he sipp'd The nectar where his brush was dipt, And joyous, as the likeness rose to view, Drank deeply to the jolly dog he drew. With Port, or what is Blackwater truely nam'd, The shady ringlets of the hair he fram'd; While Claret, o'er a colder skin, Crept through the whiskers down upon the chin. Now with Madeira's lighter dyes, He paints the regions of the eyes:— With ardent hues the flung light on light, and here, And Champagne sparkles from the faintest spheres. Now with more sober hand he drew The lines of thought in some one line:— Curtailed the vivid eye in shade—and now With Brandy bronzed the brow. At length a larger brush he chose, And spread the purple grape upon the nose, Which like a burning promontory rose. Huge and uneven as it met the view, Dim in a strange discolored light, Which glow'd; 'twas now on the sight, Reflecting all the wines on earth, in one collected blue:— Yet was his summit solar dipt, Where roder wines the brush had dipt; And round its rugged sides arose Such craters as Vesperius shows,— Emblems they are of epicurean prog, By toping with yclept the blossoms of the grog. And now th' elated artist's eyes Reflect the picture's ardent dyes! Pausing with self complacent smile He views the radiant work awhile; And musing on the world's applause, This short but useful lesson draws,— That he who Darceus' Vol'ry drew, Should choose no vaster color line:— While wine, which rent the shackles of restraint, Gave to his genius power, and to his pencil paint. From the Vine, Knappford, July 5.
EDUCATION.
THE subscriber intends to continue his school in the Forks of Hanover, the ensuing year, where he offers to teach spelling, reading, writing, arithmetic, English grammar, geography, the use of the globes, rhetoric, natural philosophy, geometry, and the French language. The price per board, tuition and washing, will be $73 payable half yearly. The term will commence the tenth of January, and end the tenth of December. This school will be critically examined in June and December. JAMES DIARS, Jr. November 21.
EDWARD HALLAM.
HAS received by the last arrivals from Europe, a rope, and for sale next day above the Eagle Tavern—a fresh and general supply of Garden Seeds, viz. CABBAGES. Early York, Early Sugar Loaf, Early heart-shaped, Drum Head, Green and Yellow Savoy. PEAS. Early Frame, Early Hot Spur, Canadian, Marrowfat, Early of England, and Blue Prussian. SNAPS. Early six weeks, Early China Dwarf, Early Speckled, Early Dun. LETTUCE. Imperial, Brown Dutch, Grand Admiral, Mouse Ear, and Ice. RADISH. Salmon Purple, White and Black. CUCUMBER. Early Frame, Long Green, and Pickley. Large White Indiv. November 24.
SHEPHERD AND LUCKE.
HAVE received a general assortment of Groceries consisting of, SUGAR, Coffee, Pepper, Pimento, W. I. Rum, Molasses, Gin, Imp. Tea, C. S. Whisky, Mustard, Salt, Sack, Salt, Malaga Wine, Earl, Earl, Glass, China and Stoneware, Candles, Crawley and Bristol Steel, Bar Iron, Nails, Sledges, Wrapping, and Printing Paper, Spanish Segars, Cotton Cords, Shot, Powder, Window-glass, Indigo, Copperas, Ashes, Logwood, Cut Herrings, &c. &c. Which they offer low for cash, country produce re-purchased paper. N. B. Cash given for flour as usual. November 7.
HIRING OF NEGROES.
WILL be hired out in March next, the 2nd day of January next, near a hundred Negroes belonging to Mrs. Sally Carter, among them are three valuable carpenters—those persons who are now in possession of said negroes, must, immediately, be requested to send them to Milton the day before the next hiring. WILLIAM ANDERSON, Agent for SALLY CARTER. Milton, Nov. 17.
NOCH SULLIVAN.
HAS removed his shop and business, to the same house occupied by Mr. McGe, watch-maker, opposite Mr. H. M. Cook's. December 1.
VIRGINIA.
AT A Superior Court of Chancery, held at the Capitol in the City of Richmond, the 7th day of Sept. 1809. William B. Giles acting for the benefit of the representatives of John Tabb deceased, Plaintiff—Against John Pommeroy, jun. Valentine Meriwether and Nelson Hance, Defendants. THE defendant Meriwether not having entered his appearance and given security according to the act of Assembly, and the rules of this court, and it appearing to the satisfaction of the court, that he is not an inhabitant of this country, on motion of the plaintiff by counsel, it is ordered, That the said defendant do appear here on the first day of the next term, and answer the bill of the plaintiff; if he fail to do so, that a copy of this order be forthwith inserted in some newspaper published in the city of Richmond, for two months successively, and posted at the front door of the Capitol in the said City. A Copy. PETER TINSLEY, c. c. November 3.
VIRGINIA.
AT A Chancery District Court held in the city of Williamsburg, the 13th day of July 1809. William Evans, Thomas R. Evans, Sally Evans, Peter and Elizabeth his wife, Thomas Evans and Dick Evans, infants under the age of twenty-one years by Thomas R. Evans their next friend, Henry Gardner and Stephen Prince and Elizabeth his wife, Plaintiffs—Against William Blake, Thomas Evans, co-def. John Evans and Thomas Evans, jun. Defs. The defendant John Evans not having entered his appearance and given security according to the act of Assembly, and the rules of this court, and it appearing to the satisfaction of the court, that he is not an inhabitant of this country on the motion of the Plaintiff by their counsel, it is ordered, That the said defendant do appear here on the first day of the next term, and answer the bill of the Plaintiff, and that a copy of this order be forthwith inserted in some newspaper of the city of Richmond for two months successively and posted at the front door of the former Capitol in this City. A Copy. ANTY ROBINSON, c. c. Nov. 14.
IN CHANCERY.
Northumberland County Court, 13th November, 1809. Joseph Rogers, pl. Against Elizabeth B. Baker, Virginia B. Baker, Walter C. Baker and Homer Webb, defs. The Defendants Elizabeth B. Baker, Virginia Baker and Walter C. Baker not having entered their appearance and given security according to the act of Assembly, and the rules of this court, and it appearing to the satisfaction of this court, that they are not inhabitants of this state, on the motion of the plaintiff, it is decreed and ordered, That the said defendants appear here on the first day of March Court next, and answer the bill of the plaintiff, and that a copy of this order be forthwith inserted for two months successively in some newspaper published in the city of Richmond, and posted at the front door of the courthouse of this county;—And it is further ordered, That the defendant Webb retain in his hands any money he may have belonging to the estate of the late Doctor Corban Baker, till the further order of the court. Attest. FLEMING BATES, c. c. December 7.
IN CHANCERY.
Northumberland County Court, 14th November, 1809. James Smith, pl. Against Elizabeth B. Baker, Virginia Baker, Walter Baker and Samuel Blackwell, defs. The Defendants Elizabeth B. Baker, Virginia Baker and Walter C. Baker not having entered their appearance and given security according to the act of Assembly, and the rules of this court, and it appearing to the satisfaction of this court, that they are not inhabitants of this state, on the motion of the plaintiff, it is decreed and ordered, That the said defendants appear here on the first day of March Court next, and answer the bill of the plaintiff, and that a copy of this order be forthwith inserted for two months successively in some newspaper published in the city of Richmond, and posted at the front door of the courthouse of this county. Attest. FLEMING BATES, c. c. December 7.
ON the 21st day of December next, 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 hogsheads of 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, } Trustees. JAMES COX, } Westmoreland County, October 24.
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 Broad Cloths, Do. do. Cassimeres, Do. do. Coatings, Flannels, Fancy Vests, &c. Red and Black Bombs, Worsted, Cotton and Silk Hosiery, Shirting, Irish Linen and Dowlass, Fine and Common Printed Calicoes, Velvets, Cords, Umbrillas, Threads, Sewing Silks, Extra long White and Colored Kid Gloves, White and Colored Habits, do. Cambric Muslins, Plain and Leslie's Mill do. Spider Nett, & Fancy Crapes, & Sprig Leno Diagonal and Veined do. do. Elegant Worked Dresses, Dittos Silk Shirts and Handkerchiefs, Black plain and plain Colored Lustre, Plain Silk and Fancy Cut Velvets, White Satin and Crape. JOHN WOOD. November 14.
NEGROES FOR SALE.
TWO hundred NEGROES for sale—Will positively be sold at Christopher Owen's Tavern, in the town of Urbanna in Middlesex county, the above number 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, 40x Carts with Chains, &c. and 24 of the most valuable Oxen belonging to said estate. Thirty of the above Negroes will be sold for cash, 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 creditors are requested to purchase the amount of any part of their respective claims. ROBERT HEST, Administrator, &c. of PHILIP L. GRYMES, dec'd. Woodville, Gloucester, 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 eleven 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. If it should not be sold, to 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.
FOR SALE.
CHEESE, HATS, SALT-PETRE, GUN-POWDER—A consignment of Coloured Cheese of superior quality, in casks and boxes, just received. A large and general assortment of gentlemen's Silk Beaver and Fur HATS, Elegantly refined SALT-PETRE, F and FF glazed and rough Gun-Powder. FOR SALE, BY— D. J. BURR. 2w2m. December 1.
FOR SALE.
30 Hds. brown Sugar, 100 bbls. do. do. 30 Hds. Loaf Sugar, 15 do. Prime Green Coffee, 2000 Yards Twilled Sacking, 10 Ton Hoop Iron, 60 Bb. Sewing Siles, 4 Hds. Rye Whiskey, 10 Gross Eagle Playing Cards, 8 Boxes refined Salt Petre, 15 bbls. Tanner's Oil, 50 boxes Fresh Raisins, 50 boxes Soap, 10 cases Sherry Wine, 10 do. Malaga do. 30 bags Pepper, 25 bags Rice Ginger, 100 ream Writing Paper, 15 boxes Chocolate, Bistered Steel, Shot, Shoes, Gauging Rods, Wine, Stained Oil, &c. &c. APPLY TO— HOVEY & SIZER. November 24.
THE SUBSCRIBER.
DOCTOR JOHNSTON, in addition to his stock of GOODS on hand, has received a complete and general assortment, which he will sell for cash or negotiable notes, amongst which are, IRON MONGERY & CUTLERY, of every description, White Lead in kegs, Window Glass, Grate, Sawdust, Spoons, Horse Whips, Brushes, Scythe Blades, Seine Twine, Imperial & Young, Hyson Tea, Coffee and Loaf Sugar, Oznaburghs, Patent Shotguns, Cotton Shirting, Cambricks, Basted Supercilias, Umbrellas, superfine and coarse Cloths, Kerseymeres, Flannels, &c. worsted and silk Buttons, Manchester Cords, Wool Hats, Carpets, Matresses, Ladies Morocco cork sole Shoes, &c. &c. Who wants to hire or purchase, a young Woman, who can cook and wash. November 26.
OFFERS FOR SALE.
A TRACT OF LAND, lying in Hanover county, on the waters of Cedar and Mill creeks; containing, by estimation, 475 acres, adjoining the lands of Col. John Thompson, dec'd. John Thornton, Mary Clegg and others: There is a quantity of good meadow-land attached to this tract, a small dwelling-house newly built. A minute description is deemed unnecessary, as it is presumed no one will turn without first viewing the premises. The terms of sale are, one-third of the purchase money to be paid on the day of sale, the other two-thirds, in two annual payments; the purchaser giving bond with approved security; also, a deed of trust on the Land. If the above land is not sold privately by the 22d of December next, I shall on that day offer it for sale, at public auction, on the premises. Hanover Nov. 17. Wm. WINGFIELD. N. B. Possession of the above land will be given on the first day of January next.