The enquirer (Richmond, Va.), 1806-02-06 00:00:00

The Enquirer.
PUBLISHED BY THOMAS RITCHIE, OPPOSITE THE POST-OFFICE.....AT FIVE DOLLARS PER ANNUM.....(PAYABLE IN ADVANCE.)
NUMBER 86.]
RICHMOND, THURSDAY MORNING, FEBRUARY 6, 1806.
[VOLUME 2.]
MARSHAL'S SALE.
By virtue of a decree of the court of the United States for the 5th circuit in the Virginia district, pronounced at May term, 1805, in behalf of John Tate and Thomas Aston, assignees of Mary Martin, against James Vaughan, administrator of Matthew Vaughan, dec'd and others; will be sold, to the highest bidder, for ready money at the Eagle Tavern in the city of Richmond, on Saturday the 22d day of this month, the following, SLAVES, viz: Parcel, Peter, Billy, Cyrus, Betty, Fanny, Nelly and Nelly; or so many of them as may be sufficient to raise the sum of one thousand seven hundred and seventy-five dollars and 34 cents, with interest on one thousand four hundred and seventy-five dollars, part thereof, at the rate of six per centum per annum, from the 2d day of May, 1805, and the expenses of sale.
WILLIAM MANN, D. M. for JOSEPH SCOTT, M. V. D., February 4. clt.
WARM SPRINGS,
IN THE COUNTY OF BATH, VIRGINIA.
HAVING taken a lease on the WARM SPRINGS for 10 years, from the 1st April, 1805; we wish to acquaint the public, that at a great expense and much labour, we have improved it, to accommodate gentlemen, 150 persons, having erected 15 new houses, among them a range of framed buildings 240 feet long, together with other buildings roomy enough to hold about 100 horses, also 10 new houses 21 by 17 feet, built convenient to the Baths, with stone chimneys, and finished off neatly; a large and commodious sitting room for the ladies, furnished with different kinds of instruments of music, and kept for that purpose only. A new Bath will be made different from the present one, intended for such persons as may not wish to mix with the strong and healthy.
We have also taken a lease on the Sweet Springs in the county of Monroe, distant 50 miles from the Warm, for 9 years, and are making the necessary preparations for the accommodation of the visitors. The best of attention will be paid to give satisfaction, as we know from many years experience, that without it but few customers can be expected.
It is offered much satisfaction that we have it in our power to afford the public that the different baths of entertainment on the road, leading to the Springs have of late been much attended to by the proprietors, most of which (above the village) the subscribers have secured, and have found that appearance run to indicate that in future travellers will be well accommodated. We wish to purchase a Blacksmith, for one that comes well recommended, a generous price will be given.
Also wished to employ a different elderly woman to undertake the management of the place of house-keeper, either at the Warm or Sweet Springs, one inclined to be industrious, and qualified to discharge such duties, will meet with liberal encouragement, an application to us.
ROBERT GEORGE TURNER. January 21. epiv.
FIFTEEN DOLLARS REWARD.
RAN AWAY from the Washington Tavern, on the 24th Dec. last, a Mulatto Man by the name of LEWIS, about 23 years of age. This fellow was formerly the property of Edward Garland of Hanover, was sold to a Mr. Shells of Goochland, and while the property of the said Shells, travelled very considerably through several states. I believe inasmuch as I have no doubt but he will attempt to pass for a free man, to the country of which may be discovered by attending to his person: he is about 5 feet 9 or 10 inches high, with rather an intelligent countenance when spoken to, and is a very well made fellow; indeed he has not a bony head for a fellow of his colour, being tolerably light; nor has he any marks by which he may be particularly known, other than those already mentioned, and that of his extreme politeness. He has a self living in the estate of Mr. Watkins of Goochland, at a place called Dover Mills; yet his very general acquaintance may subject him to be caught elsewhere, perhaps in Lexington, in the county of Rockbridge (Virginia) at which place he lived for some time prior to his being my property. He is a very good barber, and perhaps may attempt that calling for a support in some of the remote towns of Virginia. Nevertheless, if he is secured in any jail within the state of Virginia so that I cannot get him again, or delivered to me in the City of Richmond, I will give the above reward and reasonable charges.
EDWARD HALLAM. February 4. (f)
TO BE SOLD,
To the highest bidder, on the premises, by Proffer & Moncure, on Tuesday, February 6th, 1806, at half past 9 o'clock.
TWO half-acre LOTS, numbered 14 and 15; situated on Shady Hill, between Mr. Nee's and Mr. Mann's houses, leading to Bacon branch; on a high and dry spot. It will be sold in eight lots, four of which will contain two acres.
The terms of sale is one half cash, the balance in nine months, by giving bond and approved security.
Feb. 4. epiv.
TO BE RENTED
Will the 1st of January next, either with or without the office.
THE HOUSE on Shockoe Hill in which the subscriber lately resided.
MERIWETHER JONES. February 4. (f)
NOTICE.
THE subscriber desires of closing his administration, on the estate of his deceased brother James Dowe, hereby notifies to all persons indebted to him, to come forward and make immediate payment on or before the 15th of this month; and those who have claims against the said deceased to render their accounts properly authenticated according to law, that provision may be made for payment. It is hoped, that those who are in arrears to the said estate, will see the necessity of a punctual compliance with the terms of this notice; as otherwise, fees will be consumed without discrimination, against all who shall be indebted at the next March court.
PHILIP DAWE, Administrator of James Dowe, deceased.
Will be sold at the shop of Finch & Miller, on the 8th day of the present month (February) between 11 and 12 o'clock, on a credit of three months: Three Wheat Reaps, a Wire Loom, and sundry articles of Household furniture, of the estate of Graham Patten, dec'd.
PHILIP DAWE, Adm'r of James Dowe, dec'd, who was Exor of G. Patten. February 4. epiv.
WILLIAM & MARY COLLEGE.
THE semi-annual examination of the grammar boys and students, will commence on the 11th of this month; and the visitors are reminded that by their own resolution they are to meet on the same day. This and other business of importance to the interests of the college, it is hoped will obtain their punctual attendance.
SAMUEL TYLER, Rector. Williamsburg, Feb. 4. (f)
THE subscriber has opened a BROKER'S OFFICE
over the store of Mr. Henry Hovey, and promises attention to all business entrusted to him.
JOHN SATCHILL. Jan. 29. epiv.
TO BE SOLD BY AUCTION,
At the front door of the Eagle Tavern, in the city of Richmond, on the eighteenth day of March next, ensuing.
THAT most valuable estate, situated in the county of Wythe, and commonwealth of Virginia, and heretofore well known by the name of Chilwell's Lead Mines; but which, for sometime past hath been considered, as the property of Stephen Austin and company, of the city of Philadelphia, by virtue of a purchase thereof by them, made under a decree of the high court of chancery of the said commonwealth, with the terms whereof they have not complied.
That purchase was made on the 20th day of February 1799, for the sum of £6,505, and since that period, they have made sundry great and valuable improvements on the said estate.
The well known value of the property, and the certainty which the subscribers feel, that those who mean to become purchasers will satisfy themselves thereof, on view, render any further description of the property to be sold unnecessary.
There will be made in conformity to two several decrees of the Superior court of chancery, which is directed by law to be held at the Capitol in the city of Richmond aforesaid, the one pronounced on the 8th day of June, and the other on the 7th day of October, in the year 1802.
Credit will be given to the purchaser or purchasers, for a term of nine months for one, and eighteen months for the other moiety of the purchase money, each moiety being secured not only by a bond with good security made payable to the subscribers, or the survivors of them, their executors, administrators or assigns, for the uses in the said decree specified, and bearing interest from the date; but also, by the retention of the legal estate, until the whole purchase money, with such interest, shall be fully paid; on which payment a conveyance or conveyances will be executed to the purchaser or purchasers in virtue of the said decree by
JOHN WICKHAM, JOHN WARDEN, WILLIAM HAY, Commissioners of the court. Jan. 21. 8w.
ENOCH SULLIVAN,
SILVER, GOLDSMITH AND JEWELLER,
RETURNS his grateful thanks to his friends and the public for the liberal encouragement afforded him in his line of business, and hopes by his punctilious attention to the business, to which he was bred, to insure a continuation of the favor of a liberal public. He offers now for sale at his shop adjoining the Eagle Tavern, a general assortment of silver ware and jewellery of the most fashionable kind, consisting of Silver Tea Pans, cream Urns, Tumblers, Spoons, and mounting and fancy Earrings, Lockets, Finger Rings, and Breast Pins, Jet, white and coral Necklaces and Earrings, a general supply of Combs, plain and ornamental Pocket Books, thread Cales, Miniature and Ring Cales, gold and gilt Seals, Keys and Chains. Highest price given for old gold or silver. December 3. (f)
THE subscriber offers his services as a BROKER
in the city of Richmond, and will transact any business in that line for a moderate commission. He will not inform the public that it is a business with which he is familiar, but assures every one who may think him worthy of their confidence, that no one will be more attentive to their interest. He will also undertake to purchase tobacco on commission.
His office is kept on the cross street leading from the Capitol square towards Col. Carrington's. CARTER B. PAGE. December 31.
FORTY DOLLARS REWARD,
FOR apprehending and delivering to the subscriber, or securing in jail, so that I get him again, a negro man, by name, SHADRACK, who absconded from me the 27th of the 1st month; he is about 30 years of age, of a tawny complexion, 5 feet 9 or 10 inches high, and well made, has lost two foreteeth of the under jaw, has a long face with a very high forehead, has at times (when spoken to) an impediment in his speech and a smile on the countenance—no certain description of his dress can be given, as he has a variety of clothes and those of different kinds and colours.
This fellow is shrewd, sensible and ingenious, who understands shoemaking, sawing, the carpenters and coopers trade.
RICHARD NUTT. Northumberland County, Jan. 28.—at 8th Stp.
JOHN ALCOCK,
INFORMS the public that he has lately established a CABINET SHOP in the city of Richmond, on the Cross-street leading up from Proffer & Moncure's Vendue-store, and near the Fire Insurance Office; where he intends manufacturing all kinds of Cabinet Ware in the most modern style; he flatters himself that those who may favour him with their commands, will find his work equal to any made in the state, as he has provided himself with the best of materials.
He will sell his furniture low for prompt payment only, as his situation will not admit of giving a credit. A few Windsor chairs on hand, well made, which will be sold uncommonly low for cash. January 30. (f)
ALL persons having claims against the estate
of John Hoomes, dec'd. of the Bowling Green, are requested to make them known, that provision may be made for a final settlement.—And those indebted must make immediate payment to JOHN HOOMES, and JOHN G. WOODFOLK, Executors of John Hoomes, dec'd. Jan. 28. (f)
VALUABLE PROPERTY—FOR SALE.
THAT large five story BRICK TENEMENT, north side of the Main-street leading to the Capitol, now occupied by Mr. S. Rawlings, and in which Mrs. Harris has an interest during her life time. The situation is surpassed by none, being near the bank, the Capitol, the bason, and the post-office. For terms apply to AUBIN LAFOREST. Jan. 20.
NOTICE.
HAVING commenced the BURR MILL STONE MAKING, in September last, at my shop, near the Bason of the Canal, I have now finished for sale stones of 4 feet 4 feet 6 and 5 feet diameters of best quality and workmanship. I have a large proportion of Clofe Hard Burrs, suitable for grinding corn, and will shortly receive additional supplies of good materials. Those who please to favour me with their commands, will be served faithfully on reasonable terms. I will choose bolting Cloths for those who desire it, suitable to their purposes. I render my thanks to the public for past favours, and hope for future encouragement. JOHN MOODY. December 24. T&S&w.
LAND.
POSITIVELY for sale by the subscriber,
ONE thousand acres, formerly known by the name of David Irvine's Quarter, on Otter river, in this county, adjoining the Land whereof the subscriber lives, where there is a merchant mill that makes as good flour as any in America; not more than twenty two miles from the flourishing town of Lynchburg, where there is a good market for all kinds of produce. On this tract there is as much cleared land as is sufficient to work seven or eight hands to advantage, consisting of two fields of eight rate river Low Ground and three of High Land, all in good order for cropping, the balance is in woods, a great part of which is heavily timbered, and a great quantity of good tobacco land; there is also on this tract abundance of the best spring water in every field, a good lime-stone quarry the quantity inexhaustible, also an overseer's house, together with other necessary houses for plantation business. The Land is well adapted to the culture of Tobacco, Wheat, Cotton, Corn, Rye, Oats and Flax; the situation is very healthy, and in a good neighborhood, attached to which is a very good range for all sorts of stock. The purchaser may be accommodated with every kind of stock, grain and plantation utensils, and possession given next Christmas, or sooner if required. Credit will be given for two thirds of the purchase money at three equal annual payments, the other third will be required in hand. Tobacco, Bank stock, public securities or negroes will be received in payment. ROBERT SCOTT. Campbell, February 1. 3m.
A POINTER DOG,
Lost from Richmond about the 20th December last.
HE is a small compact handsome dog, a small spot at the root of his tail; also chiefly his head and ears (and his beloved face other parts not particularly remembered) are spotted with liver colour, but the body &c. is mostly finely and thickly speckled with the same, particularly his legs, which are darker than his body—both ears are lit, and are answers to the name of NERO.
Whoever will bring him to the Editor of this paper, or convey to him by letter or otherwise, such information as will enable the owner of the dog to recover him, shall receive
TWENTY DOLLARS REWARD. February 4. epiv.
LOST.
ON the 27th inst. a RED MOROCCO POCKET BOOK, fastened on the outside by a steel clasp. There was in it a ticket in the second class of the Richmond Academy Lottery (No. 5538) and papers which can be of no service to any person but the owner. A liberal reward will be given to any person who will deliver it with its contents at the Enquirer Book-Store. Jan. 30.
A TUTOR wanted, who can teach Reading,
Writing and Arithmetic, in a small family. Apply to the Editor of the Enquirer.
HOUSTON'S newly invented PATENT METALLIC HORE,
may be had at Mr. Geo. Greenhow's store, opposite the Eagle Tavern. The utility of this machine for setting Razors and other instruments which require a fine edge, renders it an object worthy the attention of every individual who may have occasion for its use. December 12. (f)
TO BE RENTED,
A BRICK HOUSE, near that of Mr. Robert Gordon, on the Hill, calculated to accommodate a small family comfortably; attached to it is a half acre of ground well inclosed. JAS. GREENHOW. December 7. (f)
JOHN AMSDEN,
From New-York, a few doors below the Court-House Richmond.
RESPECTFULLY informs the public, that he has taken the house lately occupied by S. Osgood, at a lack-finish shop, where he is carrying on the above business in all its various branches. He makes Edge tools, floor, Horse and repairs Jack screws, Beltsman and Step Railing made to any pattern; House-Work in general executed with dispatch. He flatters himself that by the attention he will pay to his business, and from the experience he has had in the first class in the U. States, that he will give general satisfaction to those who are good enough to favour him with their custom. January 16. T&S&w.
IMPORTANT TO SPORTSMEN.
On the 29th day of April next, will be offered for sale, at the Bowling Green in Caroline county,
THE STUD, of the late col. John Hoomes, consisting of imported and country bred Stallions, Brood Mares, and their produce, for several years past—total about one hundred head. This is certainly the most numerous, and probably the best selected Stud, ever before offered at public auction in this country; as it is well known, that the late owner, spared neither money or exertion, in procuring both at home and abroad such flock as appeared most certain to insure him success, as a breeder. To gentlemen who may feel a disposition to engage immediately in the sports of the turf, several fine three and four year olds could be highly recommended, for five, blood and figure. Should any of the Stud horses be farmed out for the approaching spring, the sale of such, will be postponed, until the expiration of the season. The other stock will be held without reserve. The terms of sale will be one half of the purchase money payable in six and the other at 12 months, to be secured by bond, with approved securities, to carry interest from the date if not punctually paid. A considerable discount will be made for cash. Gentlemen in the neighboring states are hereby assured, that the sale shall positively take place on the day above stated. A catalogue will be exhibited, stating age, blood, &c.
JOHN G. WOODFOLK,
JOHN HOOMES, Executors of John Hoomes, dec'd. Bowling Green, January 28. (tds)
VALUABLE PROPERTY.
Will be sold, to the highest bidder for ready money on the premises on Saturday the 15th day of February next, by virtue of a deed of trust executed by Richard Pate, to secure the payment of $333.00. 33 cents, with interest thereon from the date, due to Rambaut & Gerson and George Pegram joint and the expenses of the sale. Two acres of land lying upon Appomattox river, within one mile of the town of Petersburg with the water grit and manufacturing mills, Bake house, Distillery house and other houses of improvements erected thereon. PLEASANT AKIN, for Henry Cogswell and Pleasant Akim. Petersburg, January 7. (tds)
Seat of Government.
HOUSE OF REPRESENTATIVES.
JANUARY 23.
DEFENCE OF OUR PORTS AND HARBOURS.
(Concluded.)
The committee accordingly rose, and the chairman
reported that they had come to no resolution. MR. EARLY moved that the committee should be discharged from the further consideration of the report, with a view of referring it to a select committee with instructions to make the enquiry he had stated.
MR. J. C. SMITH suggested that the most correct and usual course was for the House and not a select committee to call on the President for information.
MR. EARLY declared himself obliged to the gentleman for his suggestion, and withdrew his motion, with the view of moving in the House the resolution to the effect he had stated.
Friday, January 24.
MR. EARLY. I rise to comply with the promise I made yesterday. I have waited sometime before offering this resolution, in hopes that the gentleman from Virginia (Mr. Dawson) might have taken his seat in the House. I regret that he has not taken his seat; as I should wish him to be present at the time of offering the resolutions which I now hold in my hand, and which I will read:
Resolved, That the President of the United States be requested to lay before this House any information which may be in possession of the executive department, relative to the state and condition of the fortifications which may have been erected within the several ports and harbors of the United States; and also the amount of monies which has been expended on each, as well as the probable expense of completing the same; and also any information of which said department may be possessed relative to the practicability of defending by land batteries such ports and harbors, as have by any former law, been directed to be fortified.
Resolved, That the President be requested to lay before this House a statement exhibiting the amount of money which has been disbursed on account of the navy in each year, since its establishment, and stating particularly the cost of each frigate.
Before I offer these resolutions, I will take the liberty of making a few observations in explanation of things, things said by me yesterday, and the replies made to them by several gentlemen. I observed that we were not possessed of that kind of information on the subject matter of the resolution then under consideration, that would enable us to form a correct and judicious decision on it; that we had no data on which to estimate the expense of the proposed measures, or their efficacy, if adopted. When I took the liberty of intimating a doubt of their efficacy, I did not mean to be understood as doubting the physical possibility of fortifying our ports and harbours from land batteries as to afford them an effectual protection. But I meant to say that such was their physical situation as to require a quantum of revenue beyond the resources of the nation. I have no doubt but that it is completely in our power to defend New-York and our other harbors, if we only possess the pecuniary means. I have no doubt that we might with ease make a Crenshaw of it, but I doubt whether any gentleman of the House would be prepared to adopt the principle which has prevailed at Crenshaw and other places, and to the extent to which it would carry us. I doubt whether any gentleman would be prepared to adopt the course pursued by the French government, with regard to Cherbourg, and along her coast; a course which, after the treaty of Amiens, they were obliged to suspend from the inadequacy of their resources.
I beg leave to state one or two other additional things. When I suggested the propriety of obtaining information; it was said, that my object was evidently procrastination; that it was unbecoming in the House, after so much time had been already consumed, to attempt further procrastination; for the sentiment of the nation was before us; it dictated our course, and if we hesitated to pursue, the public indignation would light upon us. In my opinion, all that can be deduced from what has been denominated the sentiment of the nation, in this and other cases, is this—That in this country, where the government and the nation are the same, the nation will repose its confidence in the government, and pledge themselves to support those measures which the government may adopt. All then that follows is, that the nation will repose its confidence on this, as on other trying occasions, in the government. But does it follow that, because the nation reposes unlimited confidence in this government, that the latter is to rush blindly into measures without a mature consideration of them? On the contrary I apprehend, in proportion to this confidence, there is a responsibility in the government not to abuse it; and notwithstanding the high degree of confidence reposed in this instance in the government, we ought not to doubt, because the experience of former times proves it, that when this confidence shall be abused, the people will revoke it. In my opinion, at this time we are more bound to be cautious in exercising the powers reposed in us, than those who in former times held the reins of government; because they had not the experience we have, and because the lesson exhibited on that occasion shows, that confidence improperly used will be withdrawn by the people. Do gentlemen mean to be understood as intimating that it is our duty, without enquiring into the extent or the grounds on which we proceed, to embark headlong into any measures which the President may recommend, and which they may consider the confidence of the people pledged to support?
With regard to the second resolution, I will add a word or two. The report on which this discussion, is founded, although I believe not so intended, is calculated to be, as I apprehend, a decoy. If we adopt it, we shall first begin with a small appropriation, and we shall afterwards be called upon to go the whole length that shall be deemed necessary to carry the measures we shall have taken, into full and complete effect; & we shall be told, unless we appropriate enough money to carry them into this full and complete effect, all that we have done will be lost. Sir, we have some warning monuments against pursuing such a policy. If I am not mistaken, this very house in which we legislate is one of these warning monuments; the fortification of our ports and harbours is another; and unless I much mistake, the appropriations which we have heretofore made for our naval armaments is also an awful warning. It is to guard against such a system, it is to guard against being decoyed into such a conduct, that I now offer these resolutions. It is that we may see the whole ground before us; and that, in the language of the honorable Speaker, we may see the whole extent of the road. It is true, the committee has given us the estimate of the cost of a 74 gun ship. An estimate! Yes, for a naval estimate! And is it come to this—after the experience of this country in naval affairs, that this House is to proceed on a naval estimate? I hope not. I hope we shall have something more substantial than that we shall have the actual cost, and not a mere estimate.
MR. J. C. SMITH. As the House is not much pressed in point of time, it is not perhaps to be regretted that the honorable gentleman has, on this occasion, given us a long speech; but it is to be regretted that he did not feel the want of information at an earlier period of the session.
MR. DANA. It is unfortunate that the honorable gentleman from Georgia should assume either that I feel that he imagines incapable of feeling the force of argument. I presume that in deciding on measures in this House, the motives of particular gentlemen are not to guide our deliberations; but the intrinsic merit of the measures themselves, and if they can be supported by strong and fair argument, no gentleman would think of appealing to our passions for their support. Whatever may have been my opinion on the general course of measures pursued by the present administration, is not now the question. The only enquiry proper for us to pursue, relates to the merits of the proposition before us. On the general subject of information, if the gentleman really desires to obtain it, there can be no exception to the call, however we may regret its not having been made earlier. When we yesterday considered the report, it was in the general principle whether any fortification should be erected or repaired, without undertaking to say to what extent the business should go. I think we have abundant information to justify our voting on this principle, although when we descend into the details, we may require more particular information.
MR. EARLY. I have but a word of reply to the gentleman from Connecticut, who first addressed me, who has expressed his regret at my not having, in an earlier call for this information; and that is, that I have made the call as early as the subject matter of the report came into discussion. It was never before yesterday discussed, and, at the earliest period of the debate, I avowed my want of information.
[Some conversation here took place between Messrs. D. R. Williams, Clark, and Crowinfield on the amendments justly mentioned in the details of the resolution.]
When Mr. Dawson said, that not being in the house at the time these resolutions were offered, he regretted that he had not heard the reasons assigned by the mover in support of them. He must, however, be permitted to observe, that it was made the usual duty of the secretary of the navy, which duty he performed, to lay before the house the several items of information, called for by the resolutions. He could, therefore, only consider delays the effect they were calculated to produce. The simple resolution before the committee yesterday was, do the ports and harbors of the U. States, require protection? Has not every gentleman declared this to be the fact? Has it not been enforced by every paper in the U. States? Does not every day's mail bring us the public sentiment, and is it not likewise enforced by the first authority in the nation? The general necessity of the measure can then admit of no doubt. The next question then is, is the form recommended by the committee too large? I believe, said Mr. Dawson, every gentleman will concur with me in opinion, that it is much smaller than was expected. If these are facts, what can the object be but further delay? It can only be one of two alternatives, either to carry the resolutions calling for information, and thereby from the time which will elapse before it can be received, to give the whole business the go-by; or it must arise from a want of confidence in the executive in the disbursement of the monies appropriated. I say the object must arise from either one or the other of these two causes. I hold it my duty here to state that the committee on their first meeting, directed their chairman to write to the secretary of the navy and that the enquiry we called for could not be given in less than seven or eight weeks, and I venture to assert that if the resolutions are agreed to, the subject will not be taken up again for that length of time. Is this the wish of gentlemen? I trust that if it is their wish, a majority of this House will be found to hold different opinions, and will be in favor of proceeding, without delay, in a business so interesting to the public welfare.
MR. D. R. WILLIAMS. As far as I, a fallible man, can understand the infallible ideas of the gentleman from Virginia (Mr. Dawson) I must decline the motives he ascribes to the friends of these resolutions, and declare my total ignorance of any gentleman being influenced by them. Surely that honorable gentleman is not so devoid of charity, as to wish me to be a blindfolded on a subject which he allows to be highly important. What is the verbal communication of the secretary of war to me? They may have been satisfactory to the committee who heard them; but they surely cannot enlighten those who are altogether unacquainted with them. I hope we shall not proceed with a degree of precipitation that will oblige us to act blindly.
MR. EARLY. The gentleman from Virginia has told us that the very information we now call for, as far as it applies to the first resolution, was verbally given by the secretary of war to the select committee. The gentleman from Virginia could not have offered a more forcible argument for adopting the resolution. What? Is this House to decide on the private information of a head of department, given to a committee, when that information too is verbal? Is this the way in which the funds of the nation are to be pledged to an incalculable extent, in the furtherance of measures, whose success is at best problematical? I presume not. Before they are adopted, we ought to be possessed of official documents; and if, after we have acted on the information we have received, we shall find it incorrect, we shall know whom to blame, and on whom to fix the responsibility. But would that be the case, when information was verbally given by a head of department to a committee and verbally delivered by that committee to the House? Surely not. Was it ever heard of, that the House should act in a measure of such magnitude on the verbal communications of the head of

to vote several millions for the building of 74's—while they are disposed to suffer our present naval armament to remain idle. This may be the views of a majority of this House, but I am not yet convinced that it is. There appears to me to be a chasm in the details called for, to fill which I move the following resolution:
Resolved , That the Secretary of the navy be directed to lay before this House, estimates of the expense of repairing, and of the annual expense of manning, and of supporting in actual service the whole of the frigates and smaller vessels of war belonging to the U. States.
This resolution was agreed to without a division.
Mr. Dawson said, that believing the information called for in the resolution just agreed to, could not be had, without the previous lapse of a long time, and considering the state of the country, he held it his duty to move that the House should again resolve itself into a committee of the whole on the state of the union.
This motion having prevailed—Ayes 60—Mr. Gaze took the chair.
The chairman stated, that when the committee before rose, the resolution under consideration was for appropriating 150,000 dollars for the better protection of our ports and harbors.
Mr. Thomas renewed the motion to strike out this sum, in order to leave it blank.
Mr. Conrad said he was at a loss to know how to act in this business. A few minutes ago we agreed to a call for information, and now we are required to give a vote in the dark. It was impossible for him, under these circumstances, to act understandingly on the subject. He must, therefore, move that the committee rise.
Mr. Smith hoped that the committee would rise, and that the business would be postponed for some time. He thought, from the beginning of this business they had been proceeding incorrectly; that they should be going on in measures of protection, before they determined on the propriety of resorting to war-like measures, appeared to him to be beginning with the wrong end of the business. If they determined on peaceable measures, there would be no necessity for gun boats, or the defending our ports and harbors. If, on the contrary, measures of war were adopted, or such measures as would lead to war, there might be a necessity.
I do not, said Mr. S. certainly know, but as far as I have conversed with the members of this House, there is not a disposition to go to war. Why, then, pursue war measures? I hope the House will not be of opinion, that war is necessary; and if so, what reason is there at present for adopting warlike measures? Why go into details, whose fitness must depend on higher measures? When I say this, I assure the gentleman, if it shall be necessary to take measures of war, or measures leading to it, I shall be willing to adopt effectual measures. One thing is certain. That if we take such measures, we must go much further than the report of the select committee. Before this great question is decided, the determination of all subordinate matters will be useless. I therefore think it best that the committee should rise, and that the subject now under consideration should be laid asleep for some time.
The question being taken, the committee agreed to rise—Ayes 52—Noes 55—
When the chairman reported, that the committee of the whole House had had the state of the union under consideration, and had come to no resolution thereon.
SENATE UNITED STATES.
JAN. 22, 1806.
Mr. SMITH of Maryland agreeably to notice given yesterday, asked and obtained leave to bring in the following bill, which was read and ordered to a second reading.
A BILL for closing the MILITIA, and assigning to each class its particular duties.
BE IT ENACTED, by the Senate and House of Representatives of the United States of America, in Congress assembled, That every free able bodied white male citizen of the U. S. of the age of eighteen years, and under the age of forty-five, whose principal occupation is not on the high seas, or the tide waters within the U. S. shall be of the militia for the land service of the U. S. The persons so to constitute the land militia, shall be enrolled by their names and ages, in their proper districts, and in books kept for that purpose: such enrollment to be made without delay of those now within the description, and from time to time as to others who shall hereafter become so, always noting the date of the enrollment, and placing in a distinct page or part of the book, those of every different year of age, from forty-five down to eighteen.
The said militia shall be distributed into classes as follows, to wit:—The junior class shall be composed of those above twenty-one, and under twenty-five years of age; the middle class of those above twenty-five, and under thirty-five years of age; the senior class of those above thirty-five, and under forty-five years of age; and those above eighteen, and under twenty-one years of age shall compose the minor class.
The junior class shall be liable to perform all active services within the U. S. or the countries next adjacent, by tours of duty, not to exceed one year in any two; and in order that the said services may be required of them equally, those of every battalion shall by its commanding officer be immediately divided by lot into ten parts, or portions, as nearly equal as may be; each portion to be distinguished by its particular number from one to ten, and to be called into duty in the order of their numbers, such call extending to so many numbers as the exigency may require, and every person so called on, may be assigned to the service of the artillery, infantry, cavalry, or of any other description, as the competent authority shall direct.
In consideration of the additional discipline required from the junior class, and of the services they shall have performed, or be liable to perform while in it, they shall never after passing into the middle class, be liable to actual service, but where the junior class for the time being is inadequate to the exigency; and then in their own or one of the adjoining states only, and by tours not exceeding three months in any year; for which purpose they shall be distributed into portions and numbers, and called on in routine, as is provided in the case of the junior class.
The senior and minor classes shall be liable to be called on, to do duty within their own state only, and by tours not exceeding three months in any year, and they shall be separately distributed into portions and numbers, and called on in routine as provided for the other classes.
Exemptions from militia duty, except in cases of religious scruple against bearing arms, shall only extend to the ordinary duties of mustering and disciplining, after having entered the middle or senior class, but all exemptions shall be enrolled in their classes and numbers, and when called on for actual military service, shall be bound as others are to perform their due tours.
If any person called on to do the actual duties of his class, shall refuse, or unnecessarily delay to enter on duty, he shall be arrested as a deserter either by the civil or military authority, shall be delivered to the proper military officer, and either punished as a deserter, or compelled to perform his tour of duty. But any person so called on, may commute his personal service, by tendering as a substitute, an able bodied white man, a citizen of the U. S. fit for the service, and willing to engage therein.
And all persons while engaged in performing a tour of duty, shall have the pay and rations allowed in the army of the U. S. and be subject to the rules, regulations, and articles, provided for the government of the same.
SEC. 2. And be it further enacted , That all provisions in any law of the U. S. or of any particular state, or territory, inconsistent with those of this act, are hereby repealed: and all provisions in the laws of the U. S. or of any particular state or territory not inconsistent herewith, shall be understood to be left in force, and liable to alteration by their respective enacting authorities.
Domestic Intelligence.
NORFOLK, January 31.
ROCHEFORT SQUADRON —By the arrival of the Schooner Eliza Ann, Captain Herbert, in 14 days from Guadalupe, we learn that three of the British Cork fleet, prizes to this squadron had arrived at Guadalupe, one had been re-taken. It was further stated, that two seventy-four gun ships, part of this fleet had arrived at Martinique. It is not stated where the rest of the fleet was. These ships could not have been ever since the 20th November, about which time they were off Teneriffe, in getting to Martinique, it is not improbable that these two ships are part of a fleet seen by captain Southworth on the 17th December, mentioned in our paper of the 23rd inst. as bearing W. S. W. Norfolk Ledger.
THE BRITISH IN SOUTH AMERICA —The following copy of a letter from a gentleman in Barbadoes, dated January 4, to his friend in this place, was handed us this morning:—
"A Portuguese vessel from the Brazils, was spoken with a few days ago, and reported that the expedition under the command of General Sir David Baird, and Sir Home Popham, had taken Buenos Ayres."
The public have long been in suspense as to the destination of the fleet and army under Admiral Sir Home Popham, and General Sir David Baird. The Cape of Good Hope was generally supposed to be the object of this armament. Should the British make a permanent establishment in this settlement, the political and commercial situation of the world will undergo a considerable change. The force of this expedition was four ships of the line, frigates &c. and six thousand troops, a force we understand from an intelligent person who was lately at the river La Plata, more than adequate to the reduction of the province of Paraguay. Id.
Extract of a letter from a gentleman in Barbadoes, to his correspondent in this place, dated January 4, 1805.
"Admiral Cochrane arrived yesterday off Martinique, in the Northumberland, the French fleet expected at Martinique are not yet arrived. All our ships are off that Island on the look-out for them. Ten or twelve sail of the Cork fleet are still missing."
EXTRACTS FROM THE JOURNALS OF THE HOUSE OF DELEGATES.
Monday, January 27.
A communication from the Senate by their clerk.
The Senate have agreed to the amendments proposed by the House of Delegates to the act, "To amend the act, directing the method of proceeding in courts of equity against absent debtors and other absent defendants, and for settling the proceedings on attachments against absconding debtors."
The house proceeded to consider the amendments of the Senate to the last named bill, and the same being read, were agreed to by the house.
Ordered, That the clerk acquaint the Senate therewith.
The house proceeded to consider the amendments made by the committee of the whole house on the state of the commonwealth to the report of the committee of Finance, which were heretofore laid upon the table, & the same being severally read, were further amended & agreed to by the house.
On the motion of Mr. Yancey (of Albemarle) seconded by Mr. Miller (of Powhatan);
Ordered, That the ayes and noes on the question of agreeing to the last amendments proposed by the committee be inserted in the journal.
The said amendment goes to strike out from the said report the following words & figures, to wit:—
  The committee report the following estimate of the Revenue of the Commonwealth, to meet the foregoing expenditures: D. C.   Nett amount of tax on land, lots & other property, which tax was payable into the treasury, the 1st of October, 1805 279,505 61   Ditto of surplus on tobacco exported 21,269 96   Ditto tax on law proceeds 14,241 37   Ditto register's fees 1,953 76   316,970 70 
The sum of 316,970 dols. 70 cents, constitutes the nett revenue of a year, which should have been paid into the treasury on the 1st of Oct. 1805, and would have formed the resources of the government to meet their expenditures, from the 1st of October, 1805, to the 30th of September, 1806. Of this sum of 316,970 70 cents, 51,839 62 cents were paid out previously to the 1st of October, 1805, in discharge of warrants against the treasury, drawn also, prior to that period; and as the sum of 51,839 dols. 62 cents were expended before the year (for which we have prepared estimates) commenced, it cannot be calculated in the revenue of this year. Deduct therefore this sum
  51,839 79   The sum will then be 265,151 08   The whole amount of arrearages, including those of 1803, amount to the sum of 178,690 dollars 98 cents. From this sum, not more than 15,000 dollars will be probably received from the 1st of Oct. 1805, to the 30th of September, 1806 15,000   Probable dividend on the stock of the state in bank of Virginia 7,000   Probable sum which will be received from the sale of negroes for transportation 2,000   Nett proceeds from James river canal warehouse 1,000   299,151 08 
351,716
41,584 93
The committee have not estimated the arrearages of the taxes in 1805, calculating on an equal deficiency in 1805; and supposing that the arrearages of 1804, coming in in 1805, would meet the deficiency in the payments on account of the taxes of the latter year. The committee have not taken a separate view of the money on hand the 1st of October, 1805, that money being only such portion of the 316,970 dols. 70 cents, as was in the treasury on the 1st of October, 1805; and, therefore, in this sum of 316,970 dols. 70 cents, it is calculated.
The committee, agreeably to these estimates, which they believe to be correct, make the expenditures of the government greater than the resources, by the sum of 41,584 dols. 92 cents.
To obviate in some degree the inconvenience which results from the want of money in the treasury during the summer months, your committee beg leave to recommend to the House to make the taxes on lots, coaches, flags, chairs and merchants in the towns of Richmond, Petersburg, Norfolk, Fredericksburg, Lynchburg, Winchester, Dumfries, Fincastle, Williamsburg, Portsmouth, Falmouth, Suffolk, Smithfield, Staunton and Mauchester, and the common law process, hereafter payable into the treasury on the first day of June in every year. The greater part of these taxes is collected in May, and serve until October only as funds for securitation in the hands of the officers of the state who hold them. The committee further recommend to the House to take off the additional two and a half per cent, allowed merchants for collecting taxes on lots in the towns mentioned above. They also recommend, that the law for collecting taxes should be so framed as to compel serjeants of corporations to give security for the collection and payment of such taxes as they are authorized to collect, and they and their securities, in case of failure, be liable to the same process with sheriffs in similar cases.
The committee cannot, consistently with their duty, conclude this report without suggesting to the House the necessity of preparing some resources to meet the excess of expenditure. Whether the legislature will increase the taxes generally within this commonwealth, or search out new objects of taxation, such as toll bridges, mills, wharves and race-grounds, the committee are unable to decide; one or the other of those means they however beg leave to recommend.
And to insert in lieu thereof the following:
  Resources to meet the expenses of the current year. D. C.   Cash in the treasury the 1st of October, 1805 128,700 40   Probable receipts on account of the revenue of 1805, by October next 180,000   Probable receipts on account of arrearages of the revenue of 1804 84,000   Do. on account of arrearages prior to the year 1804 15,000   Surplus on tobacco exported 21,269   Tax on law proceeds 14,241   Register's fees 1,953   Dividend on the state's shares in the bank, declared the 6th of January, 1805 12,000   Probable dividend on ditto, in July next, estimated 3 dols. 50 cts each share 10,500   Nett amount collected at the James river canal warehouse 1,000   Probable amount which will be received on account of transported slaves 2,000   Tax on merchant's licenses 30,432 74   501,096 14 
dollars 501,096 14
The names of those who voted in the affirmative are, Messrs. Read, J. Yancy, Nelson, Randolph, Garland, Taliaferro, A. Anderson, Brown, Given, Leftwich, M'Peters, Beale, Congleton, Edgington, J. Harrison, Maclin, E. Jones, Pittman, Clarke, Coleman (Caroline) Woodford, Price, Wyatt, Cheatham, Stanard, Hatcher, Hawes, Robertson, Wood, Hunton, Mofs, Summers, Pate, Burwell, Bayton, Miller (Gooshland) Fleming, J. Anderson, Morrow, P. Hill, Coles, Snyder, Donaldson, Simon, Fisher, Prunty, Coplin, Waller, East, Lightfoot, Byrd, Crane, Gaines, Gregory, Hoos, Shearman, Sharpe, Powell, Noland, Daniel, H. Pendleton, Chappel, Madison, R. Hill, Hudgins, Goode, Muse, Blakey, Pender, D. Evans, J. Gray, Innes, Lewis, Riddick, D. Hill, W. King, Taylor, King, Lindsay, Upshur, J. Miller, Jr. Crall, T. Evans, J. Morgan, Moore, White, Davis, N. Pendleton, Coleman (Pittsylvania) Woodring, Carter, Cornick, Kitley, S. Bell, Ruff, Yerby, Giesby, A. Alexander, M'Farlane, Effell, Mercer, Sebrill, Allen, Jarrott, Thompson, John Jones, Burnham, Campbell, T. Venable, A. Smyth, Graham, Southall and Pefoud—115.
And the names of those who voted in the negative are, Messrs. Kinney, Walker, Eamon, Mallory, Storer, Lomkin, Miller (P. whatman) Woodson, C. B. Harrison, Baily and Semple—11.
The said report, as amended, is in the following words and figures:—
  The committee of finance have had the various subjects to them referred, under their consideration, and beg leave to submit thereupon, the following report to the house: D. C.   Estimate of the expenses of the government from the first of October, 1805, to the thirtieth of September, 1806, including debts payable during that period.   Expenses of the General Assembly 46,000   Officers of Civil Government 64,000   Officers of militia 8,400   Criminal prosecutions 25,000 90   Expense of guards 10,000   Slaves executed 3,000   Slaves transported 2,000   Lunatic hospital 6,500   Richmond guard 15,000   Building of manufactory of arms 4,000   Expense of manufacturing arms, including officers' salaries 40,000   For the completion of James river canal warehouse 750   For the completion of the penitentiary building 1,577   Expense of removing criminals to the penitentiary, & their confinement therein, including the salaries of the officers 7,500   Public services of district court clerks 1,700   Interest on public debt registered 6,000   Ditto on debt due persons who paid money into the treasury on account of British debts 8,000   Pensioners 5,500   Expense of representation to congress, & the senate of the state 500   An installment on the shares of the state in the bank of Virginia 30,000   Commissioners of the revenue 13,500   Contingent expenses of government 11,000   Upper Appomattox canal company 625   To pay the debt due James Prudden 905   To pay the debt due John A. Chevallie 1,994   To refund money to Thomas Millan 75   To pay for bringing up the manuscript journals of the house of delegates, of the years 1783 and 1784, agreeably to the resolution of the house of delegates of December 19, 1804, 36 25   To pay warrants on the treasury in favor of the surveyor of James river, above the falls 702 26   To pay the interest due the bank prior to January 1806 10,652 63   To do. which will become payable in July next 4,300   To pay James Terlington 77 26   For renting a house for the residence of the governor 500   320,094 45 
320,094 45
The committee report the following estimate of the revenue of the commonwealth, to meet the foregoing expenditures:
  D. C.   Cash in the treasury the 1st of October, 1805 128,700 40   Probable receipts on account of the revenue of 1805, by October next 180,000   Probable receipts on account of arrearages of the revenue of 1804 84,000   Ditto on account of arrearages prior to the year 1804 15,000   Surplus on tobacco exported 21,269   Tax on law proceeds 14,241   Register's fees 1,953   Dividend on the state's shares in the bank, declared the 6th of January, 1805 12,000   Probable dividend on ditto, in July next, estimated 3 dols. 50 cts each share 10,500   Nett amount collected at the James river canal warehouse 1,000   Probable amount which will be received on account of transported slaves 2,000   Tax on merchant's licenses 30,432 74   501,096 14 
dollars 501,096 14
the resolution of the house of delegates of December 19, 1804,
To pay warrants on the treasury in favor of the surveyor of James river, above the falls
To pay the interest due the bank prior to January 1806
To do. which will become payable in July next
To pay James Terlington
For renting a house for the residence of the governor
The committee report the following estimate of the revenue of the commonwealth, to meet the foregoing expenditures:
  D. C.   Cash in the treasury the 1st of October, 1805 128,700 40   Probable receipts on account of the revenue of 1805, by October next 180,000   Probable receipts on account of arrearages of the revenue of 1804 84,000   Ditto on account of arrearages prior to the year 1804 15,000   Surplus on tobacco exported 21,269   Tax on law proceeds 14,241   Register's fees 1,953   Dividend on the state's shares in the bank, declared the 6th of January, 1805 12,000   Probable dividend on ditto, in July next, estimated 3 dols. 50 cts each share 10,500   Nett amount collected at the James river canal warehouse 1,000   Probable amount which will be received on account of transported slaves 2,000   Tax on merchant's licenses 30,432 74   501,096 14 
Resolved, That it is unnecessary and inexpedient to change the permanent revenue taxes of the present year.
Tuesday, January 28.
A communication from the Senate by their clerk.
The Senate have passed the bill, To amend the several acts concerning the inspection of tobacco, with several amendments, to which they request the concurrence of the House of Delegates.
The house proceeded to consider the said amendments, and the same being read, were agreed to by the house.</

Whereas, by the constitution of Virginia, "all laws shall originate in the House of Delegates, to be approved or rejected by the Senate, or to be amended with the consent of the House of Delegates, except money bills, which in no instance shall be altered by the Senate, but wholly approved or rejected;" And whereas, a bill appropriating the revenue is a money bill; Resolved therefore, unanimously, As the opinion of this house, that the Senate have no power to amend a bill appropriating the revenue. No member voted in the negative. Ordered, That Mr. Smyth (of Wythe) do acquaint the Senate that this house have agreed to the above preamble and resolution.
The Enquirer. RICHMOND, 6th FEBRUARY.
DIPLOMATIC CHANGES.
It is stated, that in consequence of the insulting epistle of the Marquis Yrujo, the President has forbidden him his house, and the secretary of state has ordered him to leave Washington. This may be true. It is stated, that in consequence of Gen. Armstrong's letter to the French Government in the case of Nicklin and Griffith, the administration has ordered him to return home, and has at all events given him a severe reprimand. This too may be true. It is stated that Aaron Burr has been appointed minister plenipotentiary, to the court of St. James's and St. Cloud. This cannot be true.
There can be no doubt that the Virginia Legislature will adjourn its session on this day. Its session would have closed sooner but for a collision between the two houses, respecting the constitutional right of the Senate to amend an appropriation bill, when passed by the House of Delegates. On this topic, as well as on the general spirit and proceedings of the present Legislature it may not be altogether unuseful to offer some few observations. Those being dismissed, we shall drop the curtain for the present upon the Virginia Legislature.
We have thought it proper to extract from the journals of the house of Delegates the two different estimates of our revenue; the one furnished by the Committee of Finance, the other offered as a substitute in the house; the one finding a deficiency in our revenue of 41,584 dollars, 82 cents; the other a surplus of 181,001 dollars, 69 cents; the one recommending an increase of our taxes, and the other attempting to show, that our present revenue is more than equal to our present expenditures. Perhaps no subject has so deeply occupied the attention of the present legislature as the system of finance; and none is so little understood throughout the commonwealth. Let the case be fairly brought before the people!
DIED , on Thursday last, after a very long and painful illness, Mr. WILLIAM BRYAN, Merchant of this place, aged 35 years. He was an affectionate husband and father and a good master. For undeviating rectitude of principle he was excelled by none, and the urbanity of his manners, inspired respect in all who knew him. He has left an affectionate wife and an infant daughter to regret his death.
WILLIAM AND MARY COLLEGE LOTTERY.
EIGHTH DAY. Prize of 500 dols.—No. 6802. Prizes of 15 dols.—Nos. 2 84 153 294 395 440 585 1918 6880 9467 7500 4835 9277 2491 6872 6383 9503 6017 7681 7890 2220 4953 2794 3869 6670 4584 7561 4403 6758 7170 5214 2753 4077 5415 4894.
NINTH DAY. Prizes of 15 dols.—Nos. 194 159 836 492 946 751 5250 2740 1499 5736 5428 7259 2008 5646 396 4759 1802 4060 6357 5031 7507 6673 2446 5712 6434 6304 7250 7099 4899 1708 7880 1204 5516 3387 5312.
New Theatre.
The public are respectfully informed, that in consequence of preparations for a NEW COMEDY, in scenery, &c. there will be no performance until This Evening, February 6th, 1806. When will be presented, for the first time in Virginia, a COMEDY, (written by George Coleman, jun. author of John Bull, Poor Gentleman, &c. &c. &c. and now performing in Boston and Charleston, with distinguished applause) called
WHO WANTS A GUINEA. (THE EPILOGUE TO BE SPOKEN BY MRS. WILL MOT.) To which will be added, MISS IN HER TEENS, OR, A MEDLEY OF LOVERS.
Sales at Auction.
Will be sold to the highest bidder for cash, at the Vendue Office of the subscribers, on Tuesday the 11th inst. for the benefit of the Under-writers and others concerned: A Cask of CUTLERY, marked R. G. No. 2, damaged on board the ship George, capt. Ezra Towns, from Liverpool. TAYLOR & BROWNS, V. M. February 6. (ids)
WILL BE SOLD, To the highest bidder, for ready money, on the 17th of this month, for the purpose of satisfying the balance of a debt due from Edmund Lacy to Nathaniel Benjamin and John Shepard: ALL that part of Lot number thirty-five, with the improvements thereon lying on the Main-street in this city, and nearly opposite the Court-house, which was conveyed by myself and wife to Edmund Lacy, and by the said Lacy to me, in trust for the purpose of satisfying the debt above mentioned and expenses of executing the trust. The part to be sold contains thirty-six feet four inches in front. JOHN TURNER, Trustee. February 6. tf.
WILL BE SOLD, At Public Auction, in Charlottesville, on the 8th March next, 50 NEGROES. JAMES LINDSAY, HUGH NELSON. February 4. tf.
NEIL M'COULL. Has received, by the late arrivals from London and Liverpool, his usual supply of FALL & WINTER GOODS. A GENERAL ASSORTMENT OF BLANKS, FOR SALE AT THIS OFFICE.
Epitome
We present our readers with the following Epitome of all the laws of a general nature, passed during the present Session of the Virginia Legislature. Its correctness we believe is not to be disputed, it being compiled from the enrolled bills by Mr. Waller Henning, Esqr. whose knowledge in this subject is universally admitted. To his politeness we are indebted for the manuscript copy.
ACT 1. Concerning master commissioners in chancery. Commissioners in chancery in the county and corporation courts, may issue their tickets for sums allowed by such courts for services performed under their order, and put them in the hands of the sheriff or sergeant of their county or corporation, at the time now appointed for clerks of courts; & the sheriff or sergeant shall collect and account for them, as well those now due, as hereafter to become due, in all respects as for the clerks' fees of such courts.
Every commissioner in chancery shall be empowered to administer an oath or affirmation to witnesses in cases referred to them; and whatever would constitute perjury in a witness giving his evidence before a court, shall be perjury under this act.
No justice of the peace of any county, or mayor, recorder or alderman of a corporation, who is or shall be a commissioner in chancery shall give an opinion on the reference of any cause, nor on the trial of any suit in which he has or shall have acted as commissioner.
Commissioners in chancery, in the superior and inferior courts, may issue subpoenas for witnesses to attend before them, to be executed and returned in like manner as if issued by clerks of such courts; and any witness failing to attend after service of such subpoena, shall be reported to court, whereupon the same proceedings shall be had as if the witness had been summoned to attend the trial of a cause therein. And such witness shall also be liable to the action of the party injured, in the same manner as for a default in court.
2. Regulating the manner in which certain duties shall be performed by the county and corporation courts.
In future it shall not be lawful for the justices of any court, to make any order for the erection of public buildings, or bridges, nor recommend any persons to the executive to be commissioned as justices, unless a majority of the acting justices be present; or unless the court shall have signified their intention of making such order or recommendation at least one month previous theretofore; and shall have caused the same to be entered of record, with directions to the sheriff to summon the parties to attend at the next term for the purpose aforesaid. And it shall be the duty of the clerk certifying such recommendation, to certify therewith a copy of the previous order of court, if any such have been made; and if no such order shall have been made, he shall certify the names of the justices present where such recommendation shall have been made, as also of all the justices of such county or corporation. Whenever a vacancy shall hereafter happen in the office of clerk of a county or corporation court, it shall not be lawful for the court to supply such vacancy, unless a majority of all the members of the court be present, or unless the members of the court shall have been summoned, by order of the court, to attend at the next court for the purpose aforesaid. And the court is authorized to appoint a clerk pro tempore, where it shall be necessary for the special purpose of making such order and issuing such summonses.
3. Concerning jurors in certain cases.
Where a person is summoned as a juror to attend any inquest, and fails to attend, the sheriff shall return his name to the next court from which the process issued, who may fine him not exceeding eight dollars, unless at or before the court after the return is made he shews cause to the contrary.
4. To amend the several laws concerning slaves.
A slave hereafter brought into this commonwealth, and remaining therein a year, or so long at different times as shall amount to a year, or sold or hired within the same, shall be forfeited, and the right vested in the Overseers of the Poor, who shall apprehend, or attempt to apprehend him, in trust for the benefit of the Poor. Upon complaint of any Overseer of the Poor, where such slave may be, to a magistrate, he shall issue his warrant to any officer of his county or corporation, commanding him to bring the slave before him or some other justice, and also to summon the owner or holder, if found, to appear and answer the same. The magistrate, upon hearing the evidence, may either dismiss the prosecution or require the owner, or holder, if he appears, to enter into a recognizance, with security, payable to the governor and his successors, in a penalty equal to double the value of each slave, conditioned for his appearance at the next court, be it monthly or quarterly, to abide by the order of the court; which recognizance, together with the warrant, shall be immediately returned by him to the clerk of the court. If the owner or holder shall not be in the county or corporation, or fails to appear, having been summoned, or is unable or refuses to give security, the magistrate shall deliver the slave to the sheriff or sergeant, to be forthcoming at the next court. Upon the appearance of the party at court, in discharge of his recognizance, or his failing to appear, the court to which he was bound to appear, shall cause a jury to be impanelled to try the facts, without pleadings, unless cause be shewn for a continuance; if the jury find that the slave was brought into this state, and remained there contrary to this law, the court shall direct such slave to be delivered to the Overseers of the Poor to be sold for cash, and applied as herein directed. If the owner or holder be not in the county or corporation, or be not summoned, the court shall order him to be summoned to some court day to be specified in the order, to defend his right, which order shall be published at the front door of the courthouse, for two successive court days, and inserted in some newspaper printed in the state, four times successively. The court to which the owner or holder is directed to appear, shall proceed in all respects, as if he had regularly appeared. The nett proceeds of such sale, deducting ten per cent. as an allowance to the Overseers of the Poor who commenced the prosecution, and the legal costs, shall go towards lessening the poor-rate. Any person bringing a slave into this state contrary to this act, forfeits 400 dollars; & every person selling, buying, or hiring such slave, knowing the same to have been brought in contrary to this act, forfeits 400 dols. for every slave so bought, sold, or hired; which forfeitures shall accrue to the commonwealth, to be recovered by action of debt or information, in which the defendant shall be held to special bail; judgment shall be given without regard to any exception for want of form, and an attorney's fee of 20 dols. taxed in the bill of costs. Any slave who hath been, or may be brought into this state contrary to law, or who shall commit a capital crime and be tried and executed therefor, shall not be valued by the court condemning such slave, nor paid for out of the public treasury. Nor shall any slave be paid for, who shall be executed for any crime, in the perpetration of which the owner shall be either a principal or accessory, and be thereof convicted. If any slave hereafter emancipated shall remain within this commonwealth more than twelve months, after his or her right of freedom shall accrue, such slave shall forfeit all such right, and may be apprehended and held by the Overseers of the Poor of any county or corporation where found, for the benefit of the Poor or such county or corporation. Every Overseer of the Poor, in addition to the present costs, shall take the following: "I, A. B. do (wear that I will faithfully enforce the laws to prevent the importation of slaves." If in any action or prosecution by Overseers of the Poor, in virtue of this act, they shall be cast, they shall not be liable to costs, but the same be defrayed out of the levy laid by them. Nothing in this act contained shall abridge the power of the executive to remove slaves brought into this state, conferred by the 4th section of the act passed the 21st of January, 1801, to amend an act, to reduce into one the several acts concerning slaves, &c. nor to repeal an act, "authorizing the removal of slaves from the county of Alexandria in the District of Columbia." This act to be given in charge to every grand jury.
(To commence the 1st day of May next.)
5. To amend the act concerning future bills of exchange. The object of this law is to amend the third section of the act (Revised Code page 113) so as to authorize an action against the drawers and indorsers jointly, or against either of them separately, instead of drawers or indorsers jointly, or either of them separately; the word "or" having been inserted in re-publishing this act in 1792 by inadvertence, as it is supposed, the original act from which it was copied having the word "and."
6. To amend the act, directing the method of proceeding in courts of equity against absent debtors, and other absent defendants.
Whenever any creditor whose claim amounts to ten dollars or 400 lbs. of tobacco, shall have good grounds to suspect that his debtor will remove with his effects out of this commonwealth before his debt will be payable, or when such debtor shall have removed, leaving effects, such creditor may go before any magistrate of the county or corporation where his debtor resides, or in case of his removal from where he last resided, or where his effects may be found, and make oath to the true amount of his debt, and the time it will be payable, and that he has just cause to suspect and verily believes that such debtor will remove himself with his effects out of this commonwealth before the debt will be payable, or such actually removed, and also, that he had no knowledge when the debt was contracted of the intention of the debtor to remove; whereupon such magistrate, taking bond and security of the creditor as in other cases of attachments, shall issue one against the effects of the debtor, returnable to the next court, which attachment may be served on the goods of the debtor, or on any garnishee. If the debtor shall not on or before the return of the attachment, enter into bond and good security for the payment of the debt when it becomes due, the court, on due proof of the justice thereof, and of the debtor's intention to remove, or of his being actually removed out of the commonwealth, shall grant judgment against the debtor, and execution shall be stayed against any garnishee, who states that he is indebted to the defendant that became due, and the goods condemned shall be sold on a credit till the plaintiff's claim shall be paid. The officer selling such goods shall take bond and good security from the purchaser, and assign the same to the plaintiff to the amount of his debt, interest and costs; and where the amount of sales exceeds such debt, &c. shall take a bond with security for the surplus and assign it to the defendant; Provided, that no more of the goods shall be sold than sufficient to pay the debt interest and costs, except where the property cannot be divided; in such cases, the officer shall have commissions only on the amount of the plaintiff's demand, which shall be included in the bond or bonds assigned to the plaintiff, who shall pay the same as commissions in now are. Where such debt shall be less than 10 dollars or 400 lbs of tobacco, an attachment may be obtained as aforesaid, returnable before any magistrate of the county or corporation, who may grant such judgment, direct such sale and stay execution as aforesaid. Whenever the plaintiff in any attachment shall allege that any garnishee hath not discovered the true amount of the debts due from him to the defendant, or what goods of the defendant are in his hands, the court shall direct a jury to be impanelled immediately, without pleadings (unless good cause for a continuance be shewn by either party) to enquire into the true amount due from the garnishee to the defendant, and what goods of the defendant are in his hands. If the verdict be against the garnishee, the court shall give judgment as if he had confessed the facts found by the jury, and if the jury find in his favor he shall recover his costs against the plaintiff. When the goods taken by virtue of any attachment shall be claimed by any person other than such the debtor, the court shall immediately (unless good cause be shewn by either party for a continuance) direct a jury to be impanelled to enquire into the right of property; and where the jury find for the claimant he shall recover his costs, in all cases of attachments the defendant may make defence, & any other person claiming the property attached may interplead, without giving bail, provided that the property attached shall not thereby be reprieved.
7. To amend the several acts concerning the inspection of tobacco.
Inspectors of tobacco shall inspect all tobacco, after it is picked and before it is weighed, and make each hoghead weigh 1250 pounds net, at least. Inspectors, pickers and coopers of tobacco shall not either directly or indirectly be concerned in the transportation of tobacco by water from their warehouse, under the penalty of 100 dols. for each hoghead; nor shall they for themselves or others, purchase, sell, stem, manufacture, barter, or exchange any tobacco inspected at their warehouse, under the penalty of 10 dollars for each hundred to purchased, &c. Every inspector shall blow away and secure at night, every hoghead of tobacco inspected during the day, under the penalty of 10 dollars per hoghead, for each failure; and shall also be liable to the actual damage of the injured party for damages. Inspectors shall prize and coopers up all refused tobacco which the owner shall not choose to have picked, shall weigh the same, and mark the gross weight on each case, and preserve and deliver it to the owner, or his order, for which they shall receive 50 cents a hoghead: the inspectors shall grant a manifest for each hoghead so delivered; and any person selling or manufacturing refused tobacco, without such manifest forfeits 100 dollars a hoghead. But any person having a hoghead of tobacco refused, may carry it with the manifest to any other warehouse, and the inspectors, first destroying the manifest, may view the tobacco, and if they esteem it of good quality, may either grant a receipt therefor, as now required by law, or after which it shall not be carried to any other warehouse for re-inspection; but may either be picked, or left it as this law directs. The duty of commissioners, under the act of 1796, shall not extend to any repairs or additions to the warehouses, but only a report of their condition and the quantity of tobacco they are capable of containing; upon which report the court may make such orders relating thereto, as before the passage of the said act: Provided, that the commissioners shall provide such conveniences as are now authorized to be at the public expense, and have the same repaired when necessary. In case any court shall fail to appoint such commissioners at August or September terms, they may appoint them at any time between the months of September and April following. Penalties under this act may be recovered by action of debt, petition or warrant, in the county or corporation where the offence shall be committed, one half to the prosecutor, the other to the commonwealth. The public
printer shall hereafter furnish one copy of all the acts now in force, concerning the inspection of tobacco, to the inspectors at the several warehouses established by law; and in like manner furnish the said inspectors with one copy of any law hereafter to be made, amending the laws concerning the inspection of tobacco, which copies shall be forwarded to the several counties in which the inspections are situated, with the acts of the General Assembly. (To commence the 1st day of June next.)
8. More effectually to enforce the payment of certain fines into the public treasury. The clerk of every court in which any fine, forfeiture, penalty or amercement shall be imposed or adjudged, the whole or any part of which goes to the commonwealth, shall immediately after the rising of the court, issue an execution against the goods or body of the defendant, which shall be levied, and accounted for under the same penalties for neglect of duty, as in case of other executions in behalf of the commonwealth. Every clerk issuing such execution shall obtain the officers receipt for the same, and certify a copy of the receipt, together with a copy of the execution and judgment to the auditor within 60 days after the date of the receipt, for which he shall be allowed one dollar to be paid by the treasurer, and such certified copies shall be evidence on any motion against the sheriff or officer. Any clerk failing to certify such papers, within the aforesaid time, forfeits 50 dollars to the commonwealth, recoverable by action of debt or information in any court. The auditor on receiving such receipt shall immediately debit such sheriff with the amount thereof, in his account of the revenue for that year, and if the sheriff fails to pay the same with the public taxes, and after allowance for insufficiencies to be made by his court, such sheriff shall be subject to the same penalty and proceedings against him as for public taxes; provided that no sheriff shall be liable for the amount of such execution which is not returnable before the taxes are payable, until the revenue of the next year becomes due, when he shall pay the amount collected by virtue of such execution as before directed.
The clerks of the several courts in which any fine, forfeiture, penalty or amercement may have been imposed or adjudged, for the use of the commonwealth, shall within three months after the commencement of this act, transmit to the auditor correct lists of all writs of capias pro fine or other writs of execution, which have issued from their offices, on judgments rendered since the first day of January 1798, for any fine, penalty, forfeiture or amercement appropriated by law either wholly or in part to the use of the commonwealth, with their amount severally, the officers name to whom delivered, and his return, if any. Every clerk failing to transmit such list shall forfeit 50 dollars, recoverable by motion of the auditor, in the general court, on ten days notice. The auditor, on receiving such list, shall proceed against every sheriff, who has collected any fine, penalty, forfeiture or amercement, or part thereof, by motion in the general court, on ten days notice, for the amount collected; on which motion the commonwealth proving therein, lists of all process for fines, forfeitures, penalties, or amercements issued since the first day of January 1798, and which are not returned. And it shall be the duty of such attorney to proceed by motion against such sheriff, on ten days notice, for failing to return such process, who shall be liable to the same penalty, for the use of the commonwealth, as for failing to return other executions on behalf of the commonwealth. And on any such process being returned unsatisfied, in whole or part, the clerk shall certify the return to the auditor who shall proceed to recover the same as before directed. No court shall remit any fine, penalty, forfeiture or amercement, except fines imposed for contempt committed against the court, in which case the court may remit such fine, or any part during the term at which it shall be adjudged. Provided that nothing herein contained shall extend to cases, where by law, time is given the party to show cause, nor to cases where express power is given to the courts to remit such fines, &c. by the respective laws imposing the same. Nothing in this act shall be construed to extend to such fines, forfeitures, penalties or amercements, as are now directed by law to be applied towards lessening the county levy, or which may otherwise be specially appropriated by any act of the General Assembly. (To commence the first day of June next.)
9. Giving further powers to Overseers of the Poor in certain cases. In cases where donations were formerly made for charitable purposes, to be under the direction of vestries, the Overseers of the Poor, by this law, have the power of collecting the funds, and appropriating them according to the intention of the donor. No person migrating into this state shall be entitled to be placed on the Poor list, within three years from his arrival, unless it shall appear that he has not an object of charity at the time of his migration.
10. To amend the several acts concerning the High Court of Chancery. This law is merely intended to authorise the removal of a cause from one Chancery District to another where the judge, in which it is depending, is or may be interested; also, in case of a vacancy in the office of judge, to enable the next nearest judge to grant injunctions and writs of ne exeat .
11. Giving further time to the proprietors of certain lands forfeited for non payment of taxes to redeem the same. Until the 1st day of March 1807 is given for the redemption of lands forfeited for non payment of taxes, by paying all arrears of taxes thereon.
12. To amend the acts concerning the District Courts. This law provides for supplying the place of a judge appointed during the recess of the legislature, who is allotted to a particular district, and who may be displaced.
13. Further to amend the several acts concerning the Militia. Officers commanding companies are to cause the public arms heretofore distributed to be produced to the major at the battalion muster in May next, who shall cause them with those heretofore issued to be distributed by entire companies; first arming the light companies when they are complete; if there is more than one light company, the major to determine between them by lot; if there is no light company, he is to decide between the other companies. Non-commissioned officers and soldiers thus armed, failing to attend their muster with their arms, &c. in complete order, to be fined not less than 75 cents, nor more than 2 dollars; and refusing to receive arms when offered, or to give a receipt therefor, (except Quakers and Menonists) to be fined not exceeding 10 dollars; and for refusing to deliver the same when called for, or removing out of the bounds of their company without delivering their arms to their officer, to forfeit 20 dollars. Majors to attend company musters; and Colonels battalion musters, at least once a year, to review them and inspect their arms. For failing to carry the provisions of this law into effect, a captain forfeits 20 dollars; a major 30 dollars and a colonel 40 dollars. Artificers in the Armoury to be embodied in one entire company; the officers to be appointed by the executive, and to act as a guard to the Armoury. No officer hereafter accepting a commission can resign in less than five years, unless by consent of regimental court of enquiry, or the executive. The executive to declare by proclamation the uniform of the state.
14. Concerning free negroes and mulattoes. This law prevents free negroes and mulattoes from keeping fire arms unless by order of court.
Continuation of the titles of acts of a private and local nature, passed during the present session.
 71. Supplementary to the act concerning the mutual assurance society against fire &c.  72. Authorizing the superintendent of the manufactory of arms, to receive apprentices in behalf of the state.  73. To pay the officers of the present General Assembly for their services.  74. Authorizing mill dams to be erected over Monongahela river.  75. Concerning the James River company.  76. To amend an act for more effectually preventing obstructions to the passage of fish in James River &c.  77. Suspending an execution against Benjamin and Edward Branch, administrators of Benjamin Branch.  78. To relinquish to Elizabeth Smith, wife of William Smith, the right of the commonwealth to certain lands.  79. Providing for the appointment of collectors of certain taxes in Tazewell and Lee.  80. Authorizing Andrew McIntire, to erect a mill dam across the mouth of Simpson's creek.  81. To provide more effectually for the collection of the taxes.  82. To appropriate the public revenue. 
The Taxes remain as heretofore, and are as follows, viz.
   D. C.     On lands, for every 100 dollars value according to the equalizing law, 00 48   On every slave above 12 years old, except those exempted as heretofore, 00 44   On every stud horse and jack ass, twice the price of the seisin.   On all other horses, mules, mares and colts, for each, 00 12   On every ordinary licence, 12 50   On every 4 wheeled riding carriage, except phaetons and stage waggons, per wheel, 1 25   On every phaeton and stage waggon per wheel, 00 84   On every other riding carriage, with two wheels, per wheel 00 48   On lots and houses in town, for every 100 dollars of the rent, 1 56   On every merchant selling by wholesale and retail, for each store, 40 00   On every retail merchant, for each store, 15 00   On every hawker and pedlar, 20 00   Number of Militia in the Commonwealth of Virginia taken from the annual return for the year 1805.   Infantry 76,573   Cavalry 9,438   Artillery 1,365   Total 81,376  
VALUABLE PROPERTY FOR SALE.
On Tuesday the eleventh day of March next will be offered for sale, by public auction, at the Eagle Tavern in the city of Richmond; the following valuable property. Four half acre LOTS, adjoining each other, forming what is usually called a square in the city of Richmond, and described in the plan of said city by the numbers 151, 152, 159 and 160. These Lots command beautiful prospects of the river, and in every respect are well worthy the attention of persons disposed to build.
The BRICK STORE or LUMBER HOUSE situated on the street which leads from the main street in Richmond to Shockoe Inspection, about 30 feet in breadth and about 32 feet in length, more or less—being part of the property formerly owned by Mr. Wm. Fenwick, and lying between the building now occupied by Mr. George Watt and that owned by Mr. Marcus Elean. The MESSAGE or TENEMENT and parcel of ground containing one and an half acres more or less, where Mr. Wm. Fenwick formerly resided, near Rocketts. A more particular description is deemed unnecessary, the property intended for sale being well known to most persons residing in Richmond or the neighbourhood—and it is presumed any person inclined to purchase, will examine it—for which purpose the keys of both Tenements may be had by applying to Galloway, Richard, & Co. who will give any further information that may be wished. Terms of sale, approved endorsed notes negotiable at the bank of Virginia, at 9, 15, and 30 months. The legal title to be retained till the purchase money is paid, or Deeds of Trust to be executed by the purchasers as may be agreed on. GALLOWAY, RICHARDS, & Co. February 6. tf.
   PENITENTIARY SYSTEM.   Criminals received: Crimes for which the culprits are now confined:     In 1800—21   1801—33   1802—44 For murder in the 2nd degree, 14   1803—55 Grand Larceny, 29   1804—44 Forgery and Counterfeiting, 5   1805—50 Burglary, 1   Total 244 Horse-stealing, 93   Discharged—115 Murderer, 2   Escaped—4 Rape, 2   Died—7 Highway robbery, 1   126—126 Insurrection, 1   Remaining—118 Felony, 19   Stabbing, 3   Maiming, 1   118   —of whom there are   91 white men.   22 black men.   2 white women.   3 black women.  
Since the institution went into operation four have returned for new offences. Balance against the institution last year, from its interior operations. Dolls. Cts. 2691 33 Expense of guards for conveying criminals from the district jails to the Penitentiary, in the year 1805, 2066 47 5757 55
Operations of the Virginia Manufactory of arms.
It appears from a very accurate and detailed statement furnished by the superintendent of that institution

CONGRESS, HOUSE OF REPRESENTATIVES.
Wednesday, Jan. 29.
Mr. Jackson called for a consideration of the unfinished business of yesterday, viz. the motion of Mr. Smilie to discharge the committee of Ways and Means from the further consideration of so much of the President's message as relates to the invasion of neutral rights by some of the belligerent powers.
On taking up this business the House divided—Ayes 57—Carried.
The motion having been submitted from the chair—Mr. Dawson opposed it. He said the with the gentleman from Pennsylvania to bring this subject under the view of the committee of the whole on the state of the union might at any time be gratified by going into that committee and moving any resolution he might see fit, as the message generally was referred to the committee of the whole on the state of the union.
Mr. Smilie said he did not expect any opposition to the motion he had made. If the committee of Ways and Means should be discharged from the business, it would consequently come before the committee of the whole on the state of the union without any motion, as the message was generally before that committee.
In reply to the remark that this motion would be treating the committee of Ways and Means with disrespect, Mr. Smilie said, he thought the ground on which he had placed the business would have removed every idea of the kind. He did not say the committee of Ways and Means were not as competent to the business as any other select or standing committee; but he had declared from the beginning that in his opinion, in point of principle, the reference ought to have been made to the committee of the whole. This is the ninth week of the session, and gentlemen charge us with having done nothing. Do not gentlemen see, from the deranged state of the committee of Ways and Means, that this course has become absolutely necessary? Shall a business, of the first importance that can occur during the session, be neglected on this account? Not only the eyes of all America, but likewise of all Europe are looking with anxiety on the steps which we shall take in this business. For all the maritime powers of Europe are interested in this great question relative to neutral rights. Are we, then, in consequence of the deranged situation of a select committee, to remain with our hands tied up? For myself I do think, that the interests of our country call upon us to take immediate steps. I repeat it, that on a similar occasion with this, a similar course was pursued. Gentlemen will remember, that in the third Congress, when we before suffered from the misconduct of Great-Britain, certain resolutions which became the subject of discussion originated in a committee of the whole House. What, indeed, are we to expect from the committee of Ways and Means? Are they in possession of the general sense of the House on this subject, as a guide in making their report? This is not the case, as we have had no discussion of the subject; and until it shall be brought under a view of a committee of the whole House, it is impossible to tell in what the opinions of members will centre.
Mr. Jackson. I have but a single observation to make in addition to those which have fallen from the gentleman from Pennsylvania. So far as relates to myself, it is not my object to discuss in committee of the whole, the abstract question of the law of nations, but to adopt measures for the effectual resistance and punishment of the infraction of those laws, as far as we can. If, according to the course pointed out by my colleague, any resolution should be submitted on this subject in committee of the whole, it will be objected that the subject is before a standing committee, and it will be said to be disrespectful to act on it until they shall have reported. If my colleague, therefore, be of opinion, that we should adopt any efficient and prompt measures, the better and speedier way will be for him to join in the motion. I hope that motion will prevail. In the name of Heaven, if we are not disposed to do any thing, let us tell the people so.
Mr. Crowninshield. From the beginning I was opposed to referring this subject to the Committee of Ways and Means. I saw no reason for its going to a standing committee. Without meaning to cast any censure on the Committee of Ways and Means, I am in favor of the motion. We have been in session seven or eight weeks—the reference was made as early as the 6th of Dec. and we have yet no report. The question is perhaps as interesting as one has been presented since the establishment of our national government. What is our situation? Our ships are plundered in every sea, our seamen are impressed, 4,000 of them are in the service of one nation. We are a neutral nation, and it is not proper that any belligerent nation should employ them in this manner. Like the gentleman from Virginia, I am ready to act—I want no report to guide my decision. I am prepared—not for war-measures, but for a non-intercourse act with Great Britain. I am willing to suspend all intercourse with Great Britain until she shall give back the ships she has stolen from us, and the seamen she forcibly detains. I shall not be more ready to take this step after a report from the Committee of Ways and Means than I am now. The simple question is, whether we shall abandon trade altogether, or resist the unjust aggressions made upon it. But it was not my object in rising, to go any length into the subject; I only rose to express my opinion in favor of the course pointed out by the motion. The Committee of Ways and Means is deranged, disorganized; two members are absent, and the Chairman unfortunately is sick—We have no expectation of a report; it may not come till the end of the session.
Mr. Gregg. I rise to express a similar opinion on the gentleman just far down. I am in favor of the motion for the reasons which he has assigned, and for another reason; for the sake of consistency. Though the subject be referred to the Committee of Ways & Means, it is likewise referred to the committee of the whole on the state of the union. The memorials from the merchants of New-York & Philadelphia have taken this latter course. This brings the subject before a committee of the whole; We are under the same obligation to take up the business of our constituents as the message, and as the business is of the greatest importance. I hope the whole subject will be referred to a committee of the whole.
Mr. Smilie. The gentleman from Pennsylvania has anticipated me in an idea which I meant to have expressed. As the principal document on this subject is the message of the President, I think it proper that that should be placed with the same committee charged with the memorials of merchants from different towns. Another reason may be mentioned in favor of this course of procedure. At the commencement of the session there was a strong reason for referring the subject to a special committee. It was a principal object at that time to inquire into the extent and degree of the injuries received from belligerent nations; as since that time we have received full information on these points from the executive department, that reason is done away, and there is no necessity for any investigation by a select committee.
The motion to discharge the Committee of Ways and Means was then agreed to—Ayes 68. On motion of Mr. Smilie, the select committee to whom was referred so much of the message of the President of the United States of the 17th inst. as relates to the impressment of our seamen, was discharged from its further consideration, and the subject referred to a committee of the whole on the state of the union without a division.
On motion of Mr. Thomas, the Committee of Ways and Means were discharged from the consideration of so much of the message of the President as relates to depredations committed on our colonial trade, and the subject referred to a committee of the whole House on the state of the union without a division.
NON-IMPORTATION WITH GREAT BRITAIN.
Mr. Gregg said, that he considered the in-aults offered to our government, and the injuries done to our citizens by some of the belligerent nations, to be of such a nature, as to demand the interposition of government to obtain redress. It appeared from the memorials and remonstrances of the merchants of New-York, Philadelphia, and other of our seaport towns, now on our table, as well as from executive communications, that vessels the bona fide property of citizens of the U. S. have been seized by their cruisers, and they and their cargoes condemned, contrary to our rights as a neutral nation, and to what has long been considered as the law of nations on this subject. Great numbers of our fellow citizens have been impressed, and notwithstanding our repeated remonstrances, they are cruelly retained in bondage, and compelled to act in a service, perhaps very abhorrent from their feelings, far from their country and their friends. To these insults and injuries, said Mr. G. we can no longer submit, unless we are willing to surrender that independence which has been, and I trust always will be our pride and our boast. So greatly are these injuries and aggressions, and so unremittingly are they persevered in, that I do not know but they might be considered as a sufficient cause, on which to ground a declaration of war. That however is not my object. I deprecate war, and will not agree to resort to it, until other means which we have in our power are tried in vain. We do, I think, possess means, which if properly used, cannot fail of accomplishing the object. To these I hope we will now resort, and for the purpose of bringing them into view, I will submit a resolution to the consideration of the House, referring any further observations on the subject, until the resolution shall be taken up in committee of the whole on the state of the union, to which I intend moving its reference.
Mr. Gregg then offered the following resolution: Whereas Great Britain impresses citizens of the U. S. and compels them to serve on board her ships of war, and also seizes and condemns vessels belonging to citizens of the U. S. and their cargoes being the bona fide property of American citizens, not contraband of war, and not proceeding to places besieged or blockaded, under the pretext of their being engaged in time of war in a trade with her enemies which was not allowed in time of peace:
And whereas the government of the U. S. has repeatedly remonstrated to the British government against these injuries, and demanded satisfaction therefor, but without effect: Therefore, Resolved, That until equitable and satisfactory arrangements on these points shall be made between the two governments, it is expedient that from and after the day of —no goods, wares, or merchandise of the growth, product, or manufacture of G. Britain, or of any of the colonies or dependencies thereof ought to be imported into the United States. Provided, however, that whenever arrangements deemed satisfactory by the President of the U. S. shall take place, it shall be lawful for him by proclamation to fix a day on which the prohibition aforesaid shall cease.
The House having agreed to consider this resolution: Mr. Thomas said he had seconded the motion of the gentleman from Pennsylvania and should give it his decided support—It would however have suited him better, had it gone still further, and interdicted all commercial intercourse with that nation, until she should cease to commit depredations on our commerce, impress our citizens on the high seas into her service, and abandon the new principle which she had lately interpolated in the maritime code, and which he considered as unjust as they were unauthorized by the acknowledged law of nations.
But as unanimity in the legislature of the nation was desirable at all times, and particularly so on great national questions, he was disposed, in order to produce that result on the present occasion, to yield a part of his own opinion to meet the views of other gentlemen. The present was an important question, and he hoped the honorable mover would consent that it should be a day or two for consideration, and moved that it be printed.
Mr. Gregg said his wish was to refer the resolution to a committee of the whole on the state of the union, and made a motion to that effect which was agreed to without a division, and the resolution ordered to be printed.
On motion of Mr. Thompson, the House again resolved itself into a committee of the whole—Mr. J. C. Smith in the chair—on the report of a select committee in favor of authorizing the erection of a bridge over the Potomac. Messrs. Thompson, Clark and Elmer advocated; and Messrs. Early, Sloan and Findly opposed the report; when the committee rose, without coming to a decision, and obtained leave to sit again.
A message was received from the President of the U. S. enclosing a memorial from the merchants of Baltimore, on the depredations committed on the commerce of the U. S. which was referred to a committee of the whole on the state of the union.
The Speaker laid before the House a letter from the Treasurer of the U. S. rendering a general statement of the civil accounts, as well as those of the navy and war departments from October 1, 1804, to October 1, 1805.
THURSDAY, JAN. 30. MR. J. RANDOLPH said it would be received.
message of the President of the U. S. as relates to the invasion of neutral rights by belligerent powers, had been referred to the committee of Ways and Means. It would also be recollected that another message on the same subject, or on one connected with it, had been referred to the same committee of Ways and Means. I understand, said Mr. R. (for my indisposition has not permitted me for some days past to attend to the duties of my seat) that a motion has prevailed to discharge the committee of Ways and Means from the consideration of that subject. Inasmuch as this discharge may have been effected under an impression that the committee have been delinquent in executing the duty devolved upon them, I feel it my duty, before I surrender the papers connected with this subject, to give some account of the proceedings of the committee. On the 11th of Dec. the committee instructed their chairman to write a letter to the secretary of state, which I will read. Mr. R. here read the letter as follows:
COMMITTEE ROOM Dec. 11, 1806.
SIR. The Committee of Ways and Means have instructed me to request you will cause to be laid before them such information, on the subject of the inclosed resolution, as the department of state can furnish. The peculiar objects of our research are— 1. What new principles, or constructions, of the law of nations have been adopted by the belligerent powers of Europe, to the prejudice of neutral rights? 2. The governments asserting those principles and constructions? 3. The extent to which the commerce of the U. S. has been thereby injured? I am, with very great respect, Sir, Yours, JOHN RANDOLPH.
The Secretary of State. On Saturday night the 25th inst. the Committee of Ways and Means received an answer to this letter, which I will deliver to the clerk, in order that it may go to the new committee, to which this business has been referred. It is unnecessary for me to add any thing more. The House must be sensible that while the Committee of Ways and Means were in the dark they could not proceed in the discharge of the duties assigned them, and that after receiving information from the secretary of state so late in the day, it was impossible for them to have made a report by this day; and if I am not mistaken, the motion to discharge the Committee of Ways and Means was made before the answer of the secretary of state was received.
The Clerk accordingly read the letter of the Secretary of State, as follows: ANSWER. The Secretary of State presents his respects to Mr. Randolph, and has the honour to transmit him a copy of a report this day made to the President of the United States, respecting interpositions by foreign powers, of new and injurious principles, in the law of nations. This report, with the communications made by the President to Congress, particularly that of the 17th inst. will, it is hoped, afford the information requested, for the Committee of Ways and Means, by Mr. Randolph's letter of the 11th inst.
Department of State, Jan. 25, 1806. When on motion of Mr. J. Randolph, the papers laid by him on the table, were referred to a committee of the whole on the state of the union.
The Speaker laid before the House the following letter from the secretary of the navy addressed to the House:
SIR, In obedience to the resolution of the House of Representatives of the 27th inst. directing the Secretary of the Navy "to lay before the House a report on the condition of the frigates, and other public armed vessels, belonging to the U. S. distinguishing such as require repair, and the sum necessary for repairing each; and distinguishing also such as it may be the interest of the U. S. to dispose of rather than repair," I have the honour to state,
That the frigate Constitution is now in a state of thorough repair, and in all respects prepared for service. That the frigate Chesapeake has lately been repaired and is fit for service. That the frigates Adams, Essex, and John Adams are also fit for service. That the brigs Siren, Hornet, Argus, and Vixen, the schooners Nautilus and Enterprise, the bombs Spitfire and Vengeance, and all the gun-boats are fit for service.
That the frigates President, United States, Congress, Constellation, New-York, and Boston, require to be repaired; but it is utterly impossible to form an accurate estimate of the "sum necessary for repairing each." I know of no vessel belonging to the navy, which I consider it would be "the interest of the United States to dispose of, rather than repair."
On the motion of Mr. J. Randolph, the 1st and 2d sections of the bill to repeal so much of an act as authorizes the evidences of the public debt to be received in payment for public lands, and for other purposes, was referred to a committee of the whole House.
The discussion which ensued on the details of this bill occupied nearly the whole of the residue of the day, of which we shall hereafter take a more particular notice. The committee having reported the bill, with sundry amendments, it was ordered to a third reading to-morrow.
Mr. Stanford reported a bill for altering the time for holding the circuit court for the district of North-Carolina, which was referred to a committee of the whole to-morrow.
Mr. Crowninshield presented an energetic & comprehensive memorial from the merchants of Salem, (Mass.) representing the embarrassed situation of trade; their deep anxiety at the impressment of American seamen; the severe injuries received from the recent principles assumed by Great-Britain, and pledging their lives and property in support of such measures as may be taken by the government to defend and protect their rights. Referred to a committee of the whole on the state of the union.
MANCHESTER TURNPIKE COMPANY 9th requisition.
THE shareholders of said company, are hereby required to pay into the hands of James Brander, treasurer, the additional sum of ten Dollars, on each share, on or before the 8th day of February next.
Delinquent shares on former Requisitions. NOTICE is hereby given, that all shares upon which there shall appear to be due delinquencies of former requisitions, will be offered for sale at Mr. Brooks's tavern, in Manchester, on the 11th day of February next, at 12 o'clock in the forenoon. By order of the Directors, JAMES BRANDER, Clerk. December 27. 18 & 11th E.
A TABLE is established in college, to receive boarders at the low rate of thirty dollars per quarter; it is intended that the table shall be plentifully furnished in a plain but decent style. Those who wish it, may be accommodated with Beds, Fuel and Candles at a moderate charge. January 25. 8 & 12 1/2.
MARSHAL'S SALES.
Two sold, for ready money, under a decree of the court of the U. S. for the fifth circuit in the Virginia district, between Princess Bond, assignor for the creditors of Lockhart Edwards, plaintiff, and David Ross and others, defendants, in order to raise the sum of 567 dols. 89 cts. due and payable on the first day of July, 1805, and the further sum of 16066 dols. 65 cts. due on the 1st day of January, 1805, that valuable and well known estate, in the county of Botetourt, called FORT LEWIS. Bated by said Ref. to contain 2608 acres. The Sale will take place on the premises, on the 27th day of February next.
Also on the 4th day of March next, under the aforesaid decree, will be sold at the Oxford Iron Works, in the county of Campbell, a number of valuable SLAVES. BRNT. SADDON, D. R. for JOS. SCOTT, M. V. D. January 16. 1/2.
NOTICE.
By virtue of a deed of trust, executed to me by John Kelso, to secure the payment of a debt due by him to John and Wm. Bell, I shall, on the 25th of February next, at the house of the said John Kelso, in the upper end of the county of Cumberland, proceed to sell so much of that valuable FARM, containing 550 acres of Land, on which he now lives (subject to two prior deeds of trust) as will pay the sum due to the said John and Wm. Bell, of about six hundred and fifty pounds, with some interest thereon, for the benefit of John Foyes. CREED TAYLOR, Trustee. Jan. 23. (epit.)
P. S. On the above land, is one of the best farms in the surrounding country, in fine order, with an excellent crop of wheat sown on it, and it is within 2 miles of a manufacturing mill on Appomattox, from whence there is a good navigation to the Petersburg canal. I will dispose of it at private sale and give a reasonable credit for the balance after receiving 2000 dols in cash. JOHN KELSO.
NEAL NELSON, BOOT & SHOE MANUFACTURER, MAIN-STREET, RICHMOND.
MAKES Boots & Shoes to any pattern or fashion, equal in point of MATERIALS and WORKMANSHIP to any in general use. Imported Boots and Shoes, of the first quality and newest fashion, for sale. Gentlemen at a distance, who are disposed to forward me their measure, by paying attention to the annexed cut, can be fitted with Boots or Shoes as well as if they were on the spot. A—the length of the boot. B—the pitch of the toe. C—round the heel. D—round the ball. E—round the instep. G—across the ball of the foot. Fix the heel against a perpendicular, and stick a knife at the end of the great toe—set down in figures the number of inches and quarters, in the different measures. January 1. epit.
FOR SALE, BY AUCTION.
Valuable property on the Brick Row, in the city of Richmond. IN conformity to a decree of the honorable court of the United States, for the fifth circuit and Virginia District, (made between John Waddington plaintiff, and James Brown, Henry Bowles and Daniel Call defendants, and between the same plaintiff, and Henry Bowles, James Taylor executor of James Herron, dec'd, and James Herron, John Herron, William Herron, and Sarah Herron, infants, under the age of twenty one years, by the said James Taylor, then guardian, James Brown and Daniel Call defendants) Will be sold, upon the premises, to the highest bidder, at public auction, on the 20th day of February next ensuing, the Houses, Lands and tenements situated on the Brick Row, in the city of Richmond, at present occupied by Samuel Clark, Samuel Barrett & Co. and Barach H. Judah. The tenements will be let up separately, and there will be attached to each tenement the land now occupied therewith, and one third of a brick lumberhouse 60 by 30 feet. The sales will be made by the subscribers as commissioners under the said decree, and the terms thereof will be one fourth of the purchase money paid down, one fourth in four months, one fourth in eight months, and the remaining fourth in twelve months from the day of sale—the purchasers to give bond for the three last installments, to carry interest from the date, if not punctually paid—on payment whereof and not before (as the property will be held liable for the purchase money, and subject to be sold to raise the said installments, or any, or either of them if not punctually paid) a conveyance or conveyances, will be executed by us as commissioners aforesaid to the purchaser or purchasers, in virtue of the said decree. GEO. FISHER, CHAS. J. MACMURDO, JAMES BROWN, Commissioners. January 25. rtf.
THE subscriber wishes to sell two WAGGONS & TEAMS, one of six horses, waggon and gears, and the necessary appendages; the other six mules, waggon, gear, &c. Both have been used in hauling coal, and judging by the quantity hauled last year, are capable of doing as much as any others so employed. On receiving a part of the money a credit will be allowed for the balance. A purchaser can be accommodated with an extra mule, or horse to each team, and may have in his power to employ both drivers at a moderate hire, for a part, or for the residue of the year, as may be agreed on. I would also sell a mare, and a valuable mule, both well suited to the purposes of a plantation; the mule is perhaps as large as any in the state. JAMES BRANDER. Manchester, January 21. (18th 2w)
GUM SWAMP,—FOR SALE.
ON the 24th day of February next, will be sold that valuable TRACT OF LAND, late the property of John Galle, dec'd, in Chesterfield county, containing five hundred acres, known by the name of the Gum Swamp, on the turnpike road, ten miles above Manchester, the buildings on which are commodious. One half of the purchase money will be required in hand and the other in twelve months. ISAAC SALLE. T46. January 28.
VALUABLE PROPERTY FOR SALE.
TWO HOUSES and LOTS on Shockoe Hill, in a most desirable part of the city, and possessing every accommodation for a family. A long credit will be allowed, or Virginia Bank Stock at a very liberal price taken in exchange. I have 8000 acres of Virginia land warrants which I will sell low for cash. THOMAS NORVELL. Jan. 11. 1/2.
SLAVES FOR SALE.
ON Monday the 10th day of February next, at Haxlow Town, will be exposed for sale, five or six likely SLAVES, to the highest bidder, for ready money. January 18. epit.
AGAIN offer for sale, that valuable and well known Estate, in the Forks of Hanover, called BULFELD; containing by estimation and old surveys 1676 acres, be the same more or less. There are cleared of this tract about or above 850 acres, laid out into three fields, including 150 acres of Lots, most of which are well set with clover. On this plantation is sowed about 400 bushels of wheat and barley; of the former 360, upwards of 100 of which is in sown fallow and manured land, and very well preserved. The plantation is in pretty good order—has some valuable Meadow Land, which, at much labor and expense has been prepared and just getting into use—a tolerable dwelling house, and convenient houses for negroes, with barns, corn houses, stables, &c. &c. If this estate is not sold at private sale on or before Monday the 20th of January next, it will be offered at public auction, on that day, if fair, or the next fair day, at which time and place will likewise be offered for sale, between 80 and 90 VALUABLE LABORERS, consisting of men, women, boys, girls and children, to be sold in families, together with all the stock of every description of cattle, sheep and hogs, seven brood mares, a number of blooded colts, 1, 2, and 3 years old, 11 excellent well-broke mules, and some work horses, and all the plantation utensils, and the crops of corn, fodder and rye, now on the land, of from 800 to 1000 barrels—Should a sale of the land not take place, then only about 60 negroes will be for sale, and part only of the corn, and the Hogs, and plantation articles.
The square of lots, with the appurtenances, at present in the occupancy of John A. Cheville, Esq. but possession will not be given until the 1st of August next, unless it shall be sooner convenient. A life estate in the tenement at present in the possession of Mr. John Banks, on Church Hill. 9 pipes of Madeira Wine, which cost £ 44 sterling, imported by myself, nearly two years ago. I likewise wish to sell, part of about 20,000 acres of Military Land, lying in the states of Ohio, Kentucky, and in the Indiana Territory. 5000 acres of this land lie on the little Miami and on Pond Road—6000 acres on Big Miami, or Peter's or Snell's Creek, and on Deer Creek, being some of the waters of Green River—upwards of 5000 acres on the North Fork of the Trade water—2000 acres on the east bank of Cumberland River—1000 acres on Russell's creek, lying within a mile of the town of Columbia, in the county of Adair—900 acres on Greasy creek, in the same county, near the Cumberland River, and on the west side of it—and the balance in the Indiana Territory. On some of these lands I have recently been and know them to be extremely valuable, being in a thickly settled country, very rich, of deep black soil, well watered with springs and streams for mills, and heavily timbered, and several settlements upon them, which are tenanted for the next year, and at one dollar per acre for the cleared land. Of others that I did not see, I have received good information in general as to the quality and situation. Only 15,000 acres of these lands are for sale, but the whole is offered to fair purchasers, being convinced myself, that all is valuable, and my object, which is a distant one, will be answered by the retention of any part.
I have also for sale, about 5000 acres of land, lying in the counties of Mercer and Nelson, but as these lands were surveyed on Virginia warrants, and of this description there are many disputes as to title, I will only convey the right I legally hold. The patents have long been in my possession and I have never known the title to be contested. Satisfactory titles to the foregoing property will be made according to the terms by which I hold it. The terms of sale generally are, one fourth in hand, and the balance in two annual installments, to bear interest from the date, but a discount of 10 per cent for ready money, will be allowed on each installment. Bond, with such security as I shall approve, will be required for all sums above 100 dollars, all under that sum will be paid in cash. To facilitate settlements and payments, I will take in discharge of either installment, at the current or agreed value any stock of the United States or of the Bank of the United States, or any state or private Bank, or Insurance Companies within the same. It is my intention to remain here until the first of August next, for the purpose of winding up and adjusting every transaction of my life, and to prepare for that event which must sooner or later number me with those who have gone before me. JOHN HOPKINS. Richmond, December 12. (18th)
NOTICE.
Pursuant to the last will and testament of Philip Good, dec'd. late of Amherst county, will be exposed to sale—
A Valuable TRACT OF LAND, lying in the said county, on the main road leading from Lynchburg to New-Glasgow, within 3 miles of the latter and 18 of the former place; containing by estimation, four hundred and seven and one half acres, be the same more or less—To be Sold to the highest bidder, for one third of the value, in ready money, to be paid on or before the 5th day of January, 1807, at which time a title will be made and possession given. The balance of the purchase money, to be paid in four equal annual installments. To secure the payment of which, with interest from the date of each bond until good security, and a mortgage upon the premises will be required from the purchaser or purchasers. The interest to be remitted in either case upon punctual payment being made. It is thought offers to pay more of this Tract of Land, than that it is very valuable, and well worthy the attention of any person inclined to purchase property of the kind (being in a very agreeable and agreeable neighborhood) as it is presumed that any person disposed to purchase, would with pleasure to view the premises, which will be shown at any time by application to either of the subscribers, living in the neighborhood thereof. The sale of the said Tract of Land as above described, and upon the terms, abovenarrated, will certainly take place on the third Monday of March next; being exact day of the said county, until which time the executors will treat privately with any person disposed to purchase upon the same conditions. Wm. D. GOOD, ROBERT WALKER, Executors. Jan. 20. T628p.
George Wily, Broker & Commission Merchant, Near the Basin.
NOTICE.
PROPOSITIONS will be received by the executive for the purchase of eight condemned negroes, reprieved for transportation under the act to empower the governor to transport slaves condemned, when it shall be deemed expedient. Dec. 31.
SALE OF STOCK.
On Friday the 14th of next month will be sold at Winton, for the last of the late William Dandridge deceased, THE balance of the Cattle, Sheep and Hogs belonging to the estate of the decedent. A credit of 12 months will be allowed purchasers for all sums above ten dollars. N. STEPPARD, For Wm. Langborn executor of Wm. Dandridge. January 28. (18th)
ANDREW STEVENSON, in addition to the courts of King William and Hanover, practice law in the county court of New Kent. January 16. 1/2 & 4.