The enquirer (Richmond, Va.), 1805-12-19 00:00:00

The Enquirer.
PUBLISHED BY THOMAS RITCHIE, OPPOSITE THE POST-OFFICE AT FIVE DOLLARS PER ANNUM. (PAYABLE IN ADVANCE.)
NUMBER 66.]
RICHMOND, THURSDAY MORNING, DECEMBER 19, 1805.
[VOLUME 2.]
EDUCATION.
THE course for the ensuing year will commence on the 10th January and end on the 15th of August. The annual commencement of the course in future will be on the 1st of October, the fall vacation beginning the 16th of August preceding and expiring that day. The course of instruction will comprehend the Latin, Greek and French languages, Mathematics, Geography with the use of the Globes, History, English Grammar, Elocution, Logic, Composition, Moral Philosophy, and some of the most useful and curious branches of Natural Philosophy, &c. &c.
 Board from 1st Oct. to 15th Aug. following 33  Washing, candles, &c. 15  Tuition 30  133 
To some, these charges may appear extravagant, but by comparing them with those of Wm. and Mary (which by the last statement published amounted to 230 dollars) it will appear that the expenses of a student at the Rumford Academy for near 11 months are little more than half those of a student at Wm. and Mary for 9. The expenses of the present course will be in proportion to the above statement.
G. H. DEVENISH. King William, December 14.
EDUCATION.
DURING the ensuing year J. Ogilvie will resume and pursue the professional instruction of youth in the town of Milton, Albemarle. The healthiness of the situation, the cheapness of boarding, the almost total exclusion of every opportunity or incident to dissipation, are amongst the reasons that have induced him to remove from Richmond to Milton. In resuming this employment, (which painful and impelled him to suspend,) he brings with him an undecayed sensibility to its attractions, and a determination to perform its duties with all the assiduity and zeal he is able to exert. His course of instruction is divisible into two parts. The first part will comprehend English Grammar, Geography, Elocution, Euclid's Elements, Arithmetic. Particular attention will also be paid to the study of the dead languages, where it may be the will of parents. The second part of the course will comprehend, the Philosophy of Rhetoric, Logic, Ethics, Political Economy, Criticism, Composition, History, some of the most curious and useful branches of Natural Philosophy, and a variety of miscellaneous information, which it would be difficult to class and arrange under distinct heads. He thinks it must be obvious to every person possessing any degree of candour and intelligence, that such a course of instruction, is better calculated to improve the faculties of the mind, to purify and expand the best affections of the heart, than an exclusive attention to the study of the dead languages. Of its superior efficacy in overcoming indolence, awakening curiosity, inspiring a love of knowledge and a generous emulation in the pursuit of it, and above all in training young persons to habits of candour, benevolence and self-command, a personal and perceiving experience for several years, has afforded him the most satisfactory evidence. When these circumstances, combined with the additional labour both of mind and body, which the execution of this plan must require, are impartially considered, he trusts that his charge for tuition will be deemed reasonable. From ten to fifteen years of age, would seem in general to be the period best adapted to the studies, that compose the first part of the course: From fifteen to eighteen to those, which compose the second. Boys who commence at the age of ten or twelve and advance gradually and regularly through every part of the course, are likely to reap far greater advantages, than such as enter at a more advanced age, when their habits are less flexible and when they are obliged to hurry precipitately over, or omit altogether, the elementary studies. The latter is one of the circumstances, which has heretofore occasioned his frequent change of place, and which, except in a very few instances, has prevented him from exhibiting an impartial specimen of the comparative and practical merits of his course of instruction. It is his most anxious wish, that a majority of his pupils may be composed of boys from ten to fifteen years of age, who will continue under his tuition until they shall complete the course. Under these circumstances he indulges a hope that it would be in his power to render services permanent and substantial, and to inspire his pupils with a love of knowledge and a predilection for manly, useful and honourable sentiments and pursuits, which would exert a predominant and decisive influence over their future happiness and usefulness in society. He wishes to receive from twenty-five to thirty pupils: His charge for tuition, will be forty dollars per annum for boys under the age of fifteen, and fifty dollars per annum for younger persons above that age: Parents who may be disposed to place their sons under his tuition, will make application to the subscriber by letter or otherwise, in Milton. The school will be opened on the second Monday in January, 1806.
JAMES OGILVIE. Milton, November 22, 1805.
HAY MARKET GARDEN.
THE proprietor of the Hay Market Garden, respectfully notifies the citizens of Richmond, Manchester, and the public generally, that the garden will be kept open during the session of the General Assembly. Musical and other agreeable entertainments rendered under his own direction. Having made an engagement with an excellent Musician, Frederick August Schwicker, late from Zurich, in Switzerland; no disappointment will take place in future as to music. Mr. Schwicker will give lessons on the Piano Forte, Flute, Violin, Tenor, Violoncello, Bassoon, Clarinet, French Horn, Trumpet and Guitar, for account of the proprietor: specimens of his performance on each of those instruments, may be seen and heard at any time in the Ball room of the garden, and Piano Forte tuned. The garden now enlarging, and otherwise improving, may be rented for one or more years or seasons by a person qualified to give satisfaction to the visitors. An excellent ice house may be annexed to the garden.
The Dwelling House (unconnected with the public garden) may be rented for one or more years for private residence.
December 12. th 4w.
This Day is Published,
And For Sale at the Book-store of the Enquirer, and the Alexandria Office:
THE VIRGINIA ALMANACK,
For 1806:
PRINTED FOR T. RITCHIE AND COOK & GRANT. LAND-CONTAINING
A considerable variety of matter: Political, Agricultural, Medical and Miscellaneous.
Among others, an Essay on the Oratorical Character of Curran, attributed to the author of the British Spy.
Northumberland County Court, 12th Nov. 1805.
IN CHANCERY.
Leroy Ogle, against Richard Moore, John Davis, and William Pearson. } Def'ts.
THE Defendant, Richard Moore, not having entered his appearance, and given security according to the act of Assembly, and the rule of this court; and it appearing to the satisfaction of the court, that he is not an inhabitant of this state, on the motion of the complainant by his counsel: It is decreed and ordered, that the said defendant appear here on the first day of March court next, and answer the bill of the complainant, and that a copy of this order be forthwith inserted in some public newspaper, published in the city of Richmond, for two months successively, and another copy posted at the front door of the Court house of this county. And it is further ordered, that the defendants, Davis and Pearson, do not pay away, convey or secrete any money or property they may have belonging to the said Richard Moore, but that they retain the same in their hands, subject to the future order of the court.
VALUABLE PROPERTY.
AGAIN offer for sale, that valuable and well known Estate, in the Forks of Hanover, called BULFIELD; containing by estimation and old surveys 1676 acres, be the same more or less. There are cleared of this tract about 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 on fallow and manured land, and very well put in. The plantation is in pretty good order—has some valuable Meadow Land, which, at much labor and expense has been prepared and just getting a tolerable dwelling house, and convenient houses for negroes, with barns, corn house, 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 hay, 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 Stock, and plantation articles.
The figure of lots, with the appurtenances, at present in the occupancy of John A. Chevalier, 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.
8 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 Run—6000 acres on Big Barren, 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 well site 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 feasts 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 the 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 suit purchasers, being convinced myself, that all is valuable, and my object, which is a distant one, will be answered by the reservation 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 Treasury 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 tenure by which I hold it. The terms of sale generally are, one fourth in hand, and the balance in two annual instalments, to bear interest from the date, but a discount of 10 per cent for ready money, will be allowed on each instalment. 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 instalment, 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 Banks, 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. (thf.) Richmond, December 12.
A GENERAL ASSORTMENT OF
BLANKS,
FOR SALE AT THIS OFFICE.
Sales at Auction.
On Saturday the 21st inst. will be sold at Auction on the premises, if not previously disposed of at private sale.
THE LOT on Shockoe Hill lately occupied by Jeremiah Rawlings, immediately opposite to Mrs. Page's, on which there is a brick house with necessary out-houses.
Terms—One third cash, and the remainder in 6 & 12 months; to secure the payment of which, a deed of trust upon the property will be required.
TAYLOR & BROWN. December 10. ep4t
NOTICE.—If Francis Lightfoot, a native of the county of New-Kent, and formerly a resident of the state of Virginia, be now living, or has any legal heir or dependant living, either in the United States or elsewhere, by applying either in person or by special agent, and producing sufficient evidence of their being such legal dependant, to Wm. or Nicholas Lightfoot of the county of James City, to Geo. or Lightfoot Poindexter of New-Kent, or to James Poindexter of Powhatan, will hear of something highly important and much to their advantage.
** The Printers throughout the U. S. are requested to insert the above twice, in their respective papers, and transmit their accounts to the Editor of the Enquirer. Nov. 19. ep2m
MANCHESTER TURNPIKE COMPANY.
DELINQUENT Shareholders, on the 8th Requisition, are hereby Notified, that such Requisition, on which the said Requisition shall remain unpaid, will be held on the 21st day of December next, at Mr. Brooks's tavern in Manchester, at 12 o'clock in the forenoon. JAMES BRANDER, Clk. Nov. 19. ep21H
TO BE RENTED OR SOLD,
To the highest bidder, on the premises, on the 3d day of January next!
THAT Valuable Plantation called WINDSOR, dec'd. situated on James River, about four miles above Richmond, containing by a late survey 777 acres. The situation is healthy and high, commanding a most beautiful and extensive prospect of the river and adjacent country. There is a convenient to this place, an excellent Fishery, where the finest shad, rock and pence, abundantly. There is attached to this farm about 120 or 130 acres of as good low land as any on the river. There is an orchard containing about 600 lilly to any in that part of the country. The buildings are a two story dwelling house, with two rooms and a passage below, and three rooms above stairs; a barn 40 feet square, the first floor of which is built of stone; a hay house 20 feet square, with sheds which are used as stables, and may with little repair be made excellent.
At the same time and place,
WILL BE SOLD—All the Stock of Cattle, Horses, Mules, Sheep, Hogs, &c. Plantation Utensils, &c. & c.; among them are an excellent Blacksmith and a Rope-maker. All of which is the property of the said Dandridge.
Also will be Sold,
A valuable collection of LAW BOOKS, &c. & c. The Land is subject to the widows dower; if sold the terms of payment will be made known on the day of sale. For the other property a credit of twelve months will be allowed by giving bonds with approved security.
Should a purchaser prefer paying cash, a discount of 6 per cent. will be allowed. For all sums under ten dollars, cash will be expected. WILLIAM LANGBORNE, Executor of Wm. Dandridge, dec'd.
WILL BE SOLD,
At Public Auction, at the Eagle Tavern, in the city of Richmond, on Monday the 6th day of January.
TWO LOTS in the fair city on Shockoe Hill, one of which is at present occupied by Doctor McClurg, and joining one of Major Duvall's; on this lot is a two story brick dwelling house, 56 feet square, with convenient out-houses. The other lot also joins one of Major Duvall's, and is occupied by Mr. M. Bates; this lot has a Dutch roof framed dwelling house on it 36 feet by 18.
This property is likewise subject to the widows dower.
The terms of payment will be made known on the day of sale. Wm. LANGBORNE, Esq. Nov. 19. ep4t
Seat of Government.
HOUSE OF REPRESENTATIVES.
TUESDAY, December 10.
A letter was received from the Secretary of the Treasury, transmitting a report and estimate of the revenue of the United States for the years 1801, 1802, 1803, 1804, and for three quarters of the year 1805; which was referred to the Committee of Ways and Means.
A petition was presented from the legislative council of the territory of Orleans, praying that all the lands within the city of New Orleans, and such other public lands as Congress may see fit, be applied to the support of schools and other institutions for the education of youth in said territory; which was referred to Messrs. G. W. Campbell, Jones, Bryan, J. Whitehill and Washburn.
The Committee of Claims made a report favorable to the petition of George Little, which was referred to a committee of the whole on Tuesday next.
The House took into consideration the amendments of the committee of the whole to the bill prohibiting, for a limited time, the exportation of arms and ammunition from the United States; in all of which they concurred.
Mr. Cook moved to substitute "five hundred dollars" in the room of "one hundred;" the sum for exporting prohibited articles beyond which is followed by the forfeiture of the vessel; under the impression that the provision was too rigorous.
This amendment was supported by Mr. Crowninshield, and opposed by Mr. Dawson, and lost—77 members concurring in the report of the committee of the committee of the whole.
On the motion of Mr. Olin, "cannon balls and mortars" were added to the list of prohibited articles.
On motion of Mr. Dawson an amendment was introduced, applying the penalties of the bill to the exportation of the prohibited articles by land.
On motion of Mr. Nicholson the provisions
of the bill were extended to the territories of the U. S.
Mr. Gregg said he understood the bill under consideration was only a report in part. He had no disposition to oppose its passage. He only rose to express his hope that when the committee made a further report, they would lay before the House the information necessary to enable them to act intelligently. It had, from the commencement of the government, been the practice of the House to call on the Secretary of War to state the amount of military stores on hand, accompanied by his opinion of the further supplies deemed necessary. No such thing had yet been done this session. The House neither knew the quantity of military stores on hand, or could calculate the effects of the bill. They did not know what was the quantity of sulphur and salt-petre on hand, or whether there was a sufficiency of those important raw materials, in case we should be embroiled in a war.
The Speaker here interrupted Mr. Gregg by observing that there was no motion before the House.
After a few remarks from Mr. Nicholson and Mr. Gregg on the details of the bill, it was ordered, on the motion of the former, to be re-committed to the committee who introduced it, for amendment.
WEDNESDAY, December 11.
Mr. John C. Smith, from the Committee of Claims, made a report adverse to the petition of William Winall, in which the House concurred.
A message from the President of the United States apprised the House that he had signed the act making an additional appropriation for the naval service during the year 1805.
Mr. Dawson reported various amendments to the bill "prohibiting for a limited time, the exportation of arms and ammunition from the United States," which the House took immediately into consideration, and concurred in, with an amendment, striking out "pig iron," from the prohibited articles.
The bill, thus amended, remains the same in substance as it passed the committee of the whole.
It was ordered to be engrossed for a third reading to-morrow.
Mr. Bidwell said that in the late war between the United States and Tripoli, distinguished services had been rendered by Mr. Eaton, which had contributed to the peace lately made with that power. Intimation of this fact was not only derived from its public notoriety, but likewise from the President of the United States. He thought these services worthy the notice of Congress. He therefore submitted the following resolution.
Resolved by the Senate and House of Representatives of the United States in Congress assembled, That the President of the United States be requested to present a sword, in the name of the United States, to William Eaton, Esquire, his gallantry and good sense entertained of small band of our countrymen and others into the desert of Lybia on an expedition against Tripoli, in conjunction with the ex-Basha of that regency; defeating the Tripolitan army at Derne, with the assistance of a small part of the naval force of the United States, and contributing thereby to a successful termination of the war, and the restoration of our captive fellow citizens to liberty and their country.
Referred, on the motion of Mr. Varnum, to a committee of the whole to-morrow.
Mr. J. Randolph observed that at the first session of the eighth Congress there had been an appropriation of 3,750,000 dollars for the purpose of paying American claims for spoliations committed by the people of France, which had been assumed in the convention that transferred to the United States the sovereignty of Louisiana; that bills, in satisfaction of these claims, were daily presented for payment at the treasury; but that on the 31st of this month the appropriation would cease, when the sum remaining unexpended would be carried to the credit of the surplus fund. The Committee of Ways and Means had received a letter representing these circumstances from the secretary of the treasury, which had induced them to come to a resolution to ask leave to present a bill on the subject.
L-have having been granted—
Mr. J. Randolph made a report, consisting of a letter from the secretary of the treasury, representing the facts stated by him, and a bill, "supplementary to the act making provision for the payment of claims of citizens of the United States on the government of France, the payment of which has been assumed by the United States, by virtue of the convention of the 30th of April, 1803, between the United States and the French Republic."
The bill provides that the balance of the 3,750,000 dollars remaining unexpended on the 31st of December next, shall not be carried to the surplus fund, but shall continue applicable to the satisfaction of the claims until they shall be satisfied.
Referred to the committee of the whole on Monday next.
Resolved, That the Committee of Commerce and Manufactures be instructed to enquire into the expediency of extending the limits of the district of Washington in North Carolina, so as to include Shell Castle Island, and to report by bill or otherwise.
On motion of Mr. Sloan the House took up his motion relative to the imposition of a tax of ten dollars on every slave imported into the U. States.
Mr. D. R. Williams hoped the consideration of the resolution would be postponed. The law, he said, which had excited such irritation was at present before the legislature of South Carolina, and would in all probability be repealed. If repealed, any resolution of this House would be useless. He therefore moved its postponement till Monday fortnight.
Mr. Sloan said he had no objection to the postponement, which was carried without a division.
THURSDAY, December 12.
On the motion of Mr. Newton, the House came to the following resolution:
Resolved, That the Committee of Commerce and Manufactures be instructed to take into consideration the case of the brig George detained in the port of Norfolk with 1200 demijohns of brandy on board, and to report thereon by bill or otherwise.
Mr. Newton, previous to the adoption of this resolution, explained the peculiar circumstan-
ces of the case arising from the recent British orders relative to the trade of neutrals.
Mr. J. C. Smith, from the Committee of Claims, instructed to enquire what further steps are proper to remunerate meritorious officers, &c. reported a bill in addition to an act to make provision for persons disabled by known wounds received in the revolutionary war; which was read twice and referred to the Committee of the whole.
This bill provides that the provisions of the act of the 3d of March, 1803, shall be continued to extend to all persons who received actual wounds in the revolutionary war, whether as volunteers or militia, and that they shall be placed on the pension list, though they may have resigned, or have been in captivity at the termination of the war, and to those who, having during the war received wounds, have since become disabled thereby; authorises the allowance of increased pensions, in cases of such disability, by the Secretary of War, on the certificate of two physicians, provided that such augmentation does not exceed a full pension; and prescribes a full pension to a commissioned officer shall be half the amount of his monthly pay, to a non-commissioned officer or private 5 dollars per month, and that no pension shall exceed the half pay of a lieutenant-colonel.
Mr. R. Brown presented a memorial from fanny hatters in Easton, Pennsylvania, similar to that presented from the hatters of Philadelphia, complaining of the manner of vending furs the property of the public.
Referred to the Committee of Commerce & Manufactures.
A letter was read from Mr. Glendy, declining the chaplaincy.
An engrossed bill prohibiting for a limited time the exportation of arms and ammunition from the United States and the territories thereof, was read the third time and passed.
Mr. Varnum from the committee appointed for that purpose, reported rules for the government of the House, which were referred to a committee of the whole on Monday.
On the motion of Mr. Bidwell the House resolved itself into a committee of the whole—Mr. Gregg in the chair—on the resolution offered yesterday relative to WILLIAM EATON.
Mr. Bidwell moved to modify the resolution, as to insert "a medal of gold with proper devices," in lieu of "sword."
On this motion a short debate ensued.
Mr. J. Clay was in favor of retaining the word "sword."
Mr. Elliot, Mr. Bidwell, Mr. Smilie, Mr. Quincy, and Mr. Jackson supported the amendment; which was carried by a considerable majority.
Mr. Quincy then represented the propriety of accommodating the language of the resolution, so as more appropriately to designate the nature of the services rendered by Mr. Eaton; and Mr. Jackson, coinciding with Mr. Quincy in opinion, moved that the committee should rise, with a view of referring the resolution to a committee for this purpose.
Mr. Quincy moved to substitute in the room of "Lybia," under the impression that the latter word had ceased to be in use, except among classical writers.
Motion disagreed to.
The resolution, as amended, was then agreed to without a division.
The committee rose, and reported it to the House, when immediately took it into consideration; when Mr. J. Clay moved its reference to a select committee, for the purpose of obtaining in the mean time, full information from the Secretary of the Navy on the subject.
This motion was supported by Mr. Jackson and carried—Ayes 69.
(Debate in our next.)
On motion of Mr. Fisk the House came to a resolution instructing the committee of Claims to enquire whether any further compensation ought to be allowed to any of the collectors of the direct tax for services by them performed, and whether any compensation ought to be made them for monies actually paid in the prosecution of the respective duties of their office, beyond the same allowed them by law.
Mr. Jackson called the attention of the House to a subject before Congress at their last session, relative to the application of a certain part of the net proceeds of lands of the U. S. within Ohio, to the making roads, to revive which, he offered the following resolution:
Resolved, That a committee be appointed to prepare and bring in a bill making provision for the application of the money heretofore appropriated to laying out and making certain public roads.
Mr. Varnum suggested the propriety of making the reference more general and moved the substitution of the words "to enquire into the expediency of," in the room of those in Italics .
Mr. Jackson could not accede to this amendment, as the plighted faith of the nation was pledged to the application he had stated. He would have no objection to enlarging the powers of the committee so as to enable them to enquire into the expediency of applying additional sums to the same object.
Mr. Varnum's amendment having prevailed, Ayes 69, the resolution thus amended passed.
Mr. Southard gave notice, that he should to-morrow at 12 o'clock move for the choice of a chaplain in the room of Mr. Glendy.
On motion of Mr. Meriwether, the report on the petition of John F. Randolph and Randolph M. Gillis, made the last session, was referred to the Committee of Claims.
Committees appointed in the House of Representatives.
Committee appointed on the 6th inst. to prepare rules and regulations for the government of the army of the United States. Messrs. Varnum, Meriwether, Sailey, Kenan, Covington,

ferred to the Committee of Commerce and Manufactures. William Smith—referred to the Committee of Claims. Huius French, of William Mattocks, of Richard C. Beale, of Jacob Whitzall, of Edwin Lewis and of George Little—referred to the Committee of Claims. Jacob Bouldin—referred to the Committee of Commerce and Manufactures. Sunday inhabitants of Kenhawa, Virginia, for a post route from Kenhawa c. h. to the mouth of Sandy—referred to the Post-office Committee. James M'Lure, of Afa Ware, of Andrew Walker, of James Robinson, of William Viall, of Edmund Brooke, of Thomas Avery, & of David Lewis—referred to the Committee of Claims. John Dorr, of Stephen Kingston, and of sundry merchants and owners of sloops and vessels navigating between the city of Albany & New-York—referred to the Committee of Commerce and Manufactures. Cornelius Brookes—referred to the Secretary of the Navy. Inspectors of customs of the city of New-York for an increase of their compensation—referred to the Secretary of the Treasury. William Petry, of Reuben Colborn, of Simon Noyes, of Nathan Putnam, and of Peter A. Guetier—referred to the Committee of Claims. John M'Fadon, and of John M'Fadon and Francis Johnson—referred to the Committee of Commerce and Manufactures.
European Intelligence.
PHILADELPHIA, Dec. 9.
Translated from Paris papers to the 19th October, received at this port, per the Lydia, capt. Webb, 40 days from Bordeaux.
PARIS, October 16.
The following is the historical exposition just published by the Elector of Bavaria, and which forms his manifesto against Austria. Never did oppression display itself under a more odious character, and yet such a conduct does not excite the indignation of every Elector! What is the Elector of Saxony about? What is the Elector of Hesse-Cassel about? Are they waiting for Austria to send them an order of the Aulic court, or are they stopping for her to invade their States, and express her surprise that they complain? The Electors of Bavaria, of Württemberg, and of Baden have made common cause with France: their houses will receive the tyranny of the house of Austria; a tyranny at every instant, and which extends over all the members of a body which the Emperor of Germany ought to protect.
HISTORICAL EXPOSITION,
Of the motives which have determined the conduct of H. H. the Elector Palatine of Bavaria.
Bavaria, exhausted by an unfortunate war, was recovering in the midst of peace. Without betraying the least uneasiness, she beheld camps forming in the Austrian Princes bordering on her frontiers. Peace appeared to her an object so desirable that she never imagined the Continental Powers would seek to disturb the repose they enjoyed.
It was entertained that the distance of these two Empires from each other would prevent a rupture, or that at least Germany would avoid taking part in it. Bavaria too, was so foreign to the differences which divide these two States, that it was difficult to conceive any power would with her to take arms in this quarrel against France.
Bavaria had no complaint to bring forward against the Emperor Napoleon. By his powerful influence, she had obtained indemnities for losses she had experienced last war; and the courts of Vienna and Petersburg cannot be ignorant, on the contrary, of the interest he took in the affairs of Bavaria, in that conjuncture.
In this state of things, intelligence was received at Munich that the negotiations between France and Russia, scarcely begun, had broken off, and that at the same time, Austria was assembling numerous armies near Wells, and dispatching troops to the Tyrol.
Several detachments on their way thither, crossed the Bavarian territory without any previous notice. On complaints being made of this conduct, the Austrian Envoy at Munich gave the most satisfactory explanations, promising that the officers who headed these detachments should be punished. These promises were not fulfilled; and advices were received that the Austrian troops crossed the Bavarian territory more frequently and in greater numbers. This news gave birth to conjectures that the troops of the camps of Wells intended crossing the Inn.
The Elector nevertheless still hoped to preserve a neutrality, which the exhausted state of his territories and their geographical position appeared to prescribe.
H. E. H. had already ordered his minister to make overtures to the Court of Vienna on this head, when Prince Schwarzenburgh arrived at Munich.
He brought a letter from the Emperor of Austria, by which H. M. required the Elector in the most precise terms, to join the imperial troops with his own. This letter contained threats in case of refusal, but an assurance that if acceded to, no pretensions should be bro't forward against Bavaria.
It was in this manner that the first overtures were made. The Elector had still less reason to think of its being in agitation to bring forward pretensions, as the Bavarian minister had, under the referee of H. E. highness's approbation, just concluded a treaty, which granted several considerable advantages to H. M. the Emperor and to the Elector of Salzburg.
The intentions of the Court of Vienna were still better known from the haughty tone assumed by the Prince Schwarzenburgh, in an audience granted him by the Elector, and in a second which he had with the minister of foreign affairs.
He required that the Bavarian army should be delivered up to the Austrian Generals, in order to be incorporated with that of Austria. The threat escaped him that in case of refusal it should be disbanded. He likewise demanded an exact statement of the army, and that the Elector should reply to these propositions in one day.
Nothing was ready; the Elector conceived that he might still rely on the confidence he had in the Court of Vienna; and accordingly he sent Lieutenant General Count Nogarolla to H. M. the Emperor, and in a letter written with his own hand, represented to him in a manner equally strong and candid, the position in which he was placed, and the necessity he lay under of preserving a system of neutrality.
The Elector did not take a single step but what indicated that his sentiments had always
been the same, yet General Nogarolla was scarcely set off for his destination, before advices were received at Munich of the preparations making by the Austrian army to cross the Inn.
H. E. H. could not but perceive that the Austrian generals had formed the design, by an appearance of negotiation, preventing his taking defensive measures; in order that they might be enabled to get his troops and perhaps his person into their power.
Nevertheless General Mack confessed, on this head, to a Bavarian officer who had been sent to him, that in consequence of the assurances given to Prince Schwarzenburgh, he had delayed the forced march of General Klenau's division, who were to repair to Neuburgh, in order to cut off the retreat of the Electoral regiment.
The moment was now arrived, when H. E. H. no longer confidently relying on the assurances of which until then the Austrian minister had been so lavish towards him, was induced to take for the maintenance of his independence a prompt and courageous resolution.
The Court of Munich, by seeking to give time, had no hostile view, but merely that of preserving her neutrality, and of guaranteeing herself by measures which circumstances rendered necessary, from what Prince Schwarzenburgh had threatened. Attempts were then made to negotiate with him; but what was the astonishment of the Elector and his minister, on finding that his general, who had with so much haughtiness insisted on an immediate reply, had no power whatever to treat, and that in order to bring any matter to a conclusion, it would be necessary to apply to Field Marshal Lieutenant Mack. It was at the very moment that this general and Prince Schwarzenburgh were making proposals for a coalition, that on the 9th of September the Austrian troops penetrated into Bavaria.
From the first day these troops set foot in the Bavarian dominions, they laid on heavy requisitions, insisted on being fed by the country, and began to emit paper-money, by obliging it to be received at its nominal value whilst in their own provinces, it loses 80 per cent.
Such were the circumstances under which it was proposed to disband and incorporate the Bavarian army.
The orders for the retreat of the troops were only given in the night, on the 8th September, and after the strongest importunities the Elector and his minister quitted the capital, in order to retire into the Province of Franconia.
Notwithstanding the violent conduct which had been adopted towards the Elector, his confidence in the person of H. M. and in the Field Marshal was not yet diminished. He in consequence sent Lieut. Col. Ribeapierre to the conference assigned at Haag.
This officer had orders to represent that the junction of the Electoral with the Austrian troops could only be the result of a treaty and not a preliminary condition; he was also to declare that H. M. would never consent to their incorporation, and that they had received orders to fire on the first attempt to disarm them.
Prince Schwarzenburgh proposed that the troops should be ordered to halt whilst a courier was sent to Vienna to bring back new instructions. Lieutenant Colonel Ribeapierre would have adopted this proposal; but Gen. Mack insisted on the Bavarian columns stopping, whilst his own army should continue their march. Upon this, the Bavarian officers withdrew, and the negotiations were broken off.
The Austrian army approaching the Inn, the Bavarian troops dispersed in divers garrisons, retreated so as to avoid falling in with them. They marched towards the Upper Palatinate.
In order that the relations which had existed with the Generals of the Austrian army, might notwithstanding the removal of the Court, be represented in their true point of view to the government of Vienna; the Baron Gravenruth, Envoy Extraordinary from H. E. H. to H. M. and who was then at Munich, received orders to repair without delay to Vienna, H. M. willing by this choice to express in the strongest manner his desire to preserve the ties of friendship still subsisting.
This minister, on the 13th September, sent his brother, charge d'affaires to the Court of Vienna and captain of H. highness's staff, to General Mack, who was then at Munich; he was the bearer of a letter by which invoking the most perfect neutrality it was offered to determine on a line which the Austrian troops should follow in their march; as also the positions they should occupy; by means of which they should not be in any manner distributed and every sort of collision would be avoided.
Gen. Mack in his reply by letter, mentioned only what he had already verbally stated to capt. Gravenruth, namely; that the Emperor would never consent for Bavaria to remain neutral, nor even that, as anally, her troops should remain in a body.
In this conference he entered into a statement of all that had taken place from the mission of Baron Novoziltzoff to the establishment of Head-Quarters at Munich, grounding the sudden invasion of Bavaria on the necessity of concealing from France the preparations for attack, which were then making.
He rejected every project for drawing a line of demarcation, spoke of the approaching arrival of the Russians, who would not stop until the Bavarian troops were incorporated with the Austrian army, and who would not leave them in safety even in Franconia. He added, that the Bavarians ought not to rely on the protection of Prussia, that nothing should divert him from pursuing them every where; that Russia had an army on the frontiers of Prussia in order to watch that power, and that on the first signal 25,000 Cossacks should ravage her provinces.
Gen. Mack and Count Buol, the Austrian minister in Bavaria, made use of very unguarded expressions relative to the Elector of Bavaria and his minister. The general finished by saying: "I have it in my power to treat Bavaria as an enemy's country; but I still entertain hopes that every thing will pass over amicably."
Whilst Baron Gravenruth was giving an account of these proceedings to H. E. H. in order to receive new orders, reports from the civil authorities on the conduct of the Austrian army were daily received.
Victuals and forage were every where required without payment; receipts alone were delivered, which added other millions to the unpaid debt of the last war.
The barns carried away by force from the Peasantry, and the horses taken in the streets were immediately employed for the service of the army. Heavy requisitions were levied. The labourers were deprived of their plough-bovs, were forbidden to rejoin their regiments, under the penalty of having their goods confiscated.
The country was inundated with Vienna bank notes. An ordinance forced them to be received at their nominal value; tradesmen and artificers could not refuse them without exposing themselves to have their property confiscated.
The commandants and Commissaries of the army and the Minister of Austria at Munich took measures which belong only to an administration legally instituted.
Lastly, the Commissary General of the Army did not think it to confine himself in giving orders in the country of which the Austrians were masters; he addressed them also on the 15th and 17th September, to the President of the Administration at Amberg.
Orders were given to send every 8 day to the army chest, the revenues of different kinds collected in the country, without having previously paid the salaries. The bank notes were also ordered to be received at their nominal value.
Another severe ordinance ordered the Austrian deserters to be delivered up.—The President of the Administration of Amberg sent back these orders announcing that he could only obey those of H. E. H.
The Minister Gravenruth, nevertheless, conceived it his duty to complain; in consequence of which he sent an officer of staff to the Imperial Army.
The Archduke Ferdinand, who had in the mean time assumed the command, replied, that the Commissary had gone beyond his instructions, and appeared even to entertain doubts whether the complaint was well founded; he reserved to himself to give a reply in four or five days.
As the Austrian Troops directed their march to the Upper Palatinate, on the side of Bohemia and Neuburgh, the Bavarian army was under the necessity of retiring into the Provinces of Franconia.
On the 28th September, the reply of the Archduke Ferdinand was received at Bamberg; he contented himself with referring to the Count Buol, the Austrian Minister then at Wurzburg.
After all that had passed, this Minister met with no difficulties in repairing to the Court at Wurzburg. In an audience which was granted him, he presented to H. E. H. a letter from H. M. by which in consequence of the first propositions, the junction of his troops was insisted on.
The Count Buol afterwards declared that he had full powers to conclude a Treaty of Alliance with Bavaria. He made proposals to which it was difficult to attach any belief, Austria having constantly shown herself adverse to it by a system acted upon for upwards of a century.
Several objections were started to him in renewing to him the demand of acknowledging the neutrality of the Elector; but he declared in the most positive manner that the Emperor of Austria would never consent to an armed neutrality. Perhaps he would agree to determining a certain extent of the territory for the town of Munich, which the Austrian troops will not trespass on, if H. E. H. will on his side disband his army.
This idea was of a nature to revolt the Elector and his Ministry; still, in order to avoid every reproach of having broken off a negotiation which might in the sequel, have insured the neutrality of Bavaria, that neutrality was coldly rejected. The Count Buol added that if the Elector would disband his army, the Emperor would consent to his preserving the Franconian troops.—The Minister for foreign affairs repelling this proposal, the Austrian Minister said that the Emperor would also permit the Elector to retain the Swabian regiments; but that on these conditions alone he would grant the neutrality.
How happens it that the Austrian Ministry establishes such a difference, more especially offensive, between the Provinces of H. E. H.? His Electoral Highness and the Bavarian nation are equally convinced of the courage which animates the whole army; its fidelity is well proved by its sentiments in this respect, more than by the defence of his country, and to the Franconians the guard of his person and family.
The Count Buol declared moreover, that if H. E. H. did not consent to disband, H. M. would not on that account treat him as an enemy, but that conceiving a just mistrust, he would be forced to act with regard to him as circumstances might prescribe.
It was observed to him how very indeterminate were these sentiments, and in how many ways they might be interpreted. He merely replied that the Ministry of H. M. made him no counter proposal, whilst he stated himself to be empowered to accept any, the object of which was the disbanding of the Bavarian troops. H. E. independence of the Sovereign could not permit that such conditions should ever form the basis of any treaty.
The Count Buol may now with reason observe that he could not make himself be heard, that the Bavarian Ministry would not listen to him and that he completely miscarried in his negotiation. On the approach of the French troops he began to form complaints: he gave to understand that he was no longer where he ought to be, and that if overtures were not made him, he would retire to the head-quarters of the Austrian army. Intelligence was in fact received at Court, that on the 27th September, at three in the afternoon, he had quitted Wurzburg.
Thus were terminated negotiations which Austria proposed to herself to succeed in, after having overrun with her numerous armies the provinces of a peaceable and friendly neighbour.
PARIS.
Extract of a letter from a French Officer dated Louisbourg, 4th Oct. 1805.
"We advance by rapid strides into Germany; sometimes faring well, at others, badly. To-day, for example, we met with a magnificent reception. The Emperor, upon his arrival at the residence of his highness the Elector of Wirtemberg, found the palace illuminated: 200 guards on horseback with flambeaux, and the ringing of bells mixed with the sound of artillery. A superb dinner of 150 covers was provided for his Imperial Majesty, and the Electress, who is the Princess Augusta, eldest daughter of the King of England, did the honors of the table, with great grace and dignity. The hateful passions of the British cabinet, do not actuate all the members of the family of George III, or, at least, the Electress of Wirtemberg, sovereign of a part of Germany, entertains, towards the Emperor of the French, the same sentiments which animate the people and princes of the Empire. I have just returned from a walk in the park of the Elector, which is really superb. We shall not enjoy this gratification for any length of time, since it is probable that to-morrow we shall be far from this place. The army proceeds with astonishing rapidity: and each day, I leave my baggage so far behind (which does not go farther than 8 or 10 leagues per day) that I do not expect to meet with it before my return. We have however met with some difficulty on our route hither on account of the badness of the roads and the difficulty of procuring horses. But as to the rest, the ardor and gaiety of the troops, the rapidity of their marches, and the flattering reception they everywhere experience, and the care of the enemy to avoid us, gives to our march the air of a voyage on a party of pleasure."
FRANKFORT, Oct. 9.
We continue to hear of the march of the first Russian army. According to the last account it advances in five columns through Braunau, Haag, Parsdorf and Dachau. The first column will reach Braunau on the 10th and Dachau on the 15th of this month. The others will be but two days in the rear, so that the last will reach Braunau on the 18th, and Dachau on the 24th, three leagues east of Munich. The whole consists of 45 battalions of infantry, and has no cavalry.
The Bavarian army now on its march, is composed of 24 battalions of the line, light infantry, and 6 regiments of cavalry. It carries with it no baggage. Of the infantry, the staff-officers only are permitted to have horses. Aubert and Boeg, officers in the service of the Elector, are appointed aid-de-camps to his majesty the Emperor of the French with the Bavarian army.
MADRID, Sept. 27.—Admiral Gravina, who had resigned his command, in consequence of the disagreement between him and Admiral Grandellana, commander of the Ferrol squadron, has not only resumed it, but has been appointed commander of all the Spanish sea forces at Cadiz.
Government have received dispatches from the Governor of Majorca, which state that the English lately made an attempt to land in the island of Yvica, in which they were repulsed with the loss of almost every man they put on shore. Three inhabitants of the name of Ribas particularly distinguished themselves on this occasion by their intrepidity and address with which they for a long time fought almost alone.
VIENNA, Oct. 2.
Lieutenant General de Meerfeldt is returned from Berlin, whither he had repaid, as is already known, with a particular mission. Count de Haugwitz, Minister of State to his Prussian Majesty, arrived at the same time as he. The presence of the latter at Vienna would have given rise to the hope that the differences which have risen between France and the allied powers, might still be settled by the intervention of Prussia, if the armies had not made such a rapid march.
From a late Paris Paper.
Extract of a Proclamation inserted in the Vienna Gazette, of the 25th September, 1805.
WE FRANCIS II, etc.
I is proved by facts known to the whole Universe, that since the treaty of Lunéville, nothing has been dearer to us than the preservation of peace, restored by the same treaty to our faithful subjects. Having always scrupulously fulfilled every obligation laid on us by this treaty (1), having observed the strictest neutrality (2) since the renewal of the maritime war, & having shown the most friendly moderation, when the Emperor of the French broke several fundamental articles of that peace, and put the equilibrium of Europe in danger by numerous violations and aggrandizements, we had every right to hope that this desire to preserve this peace would be fulfilled.
But the preparations of the Emperor of the French upon the frontiers of the Tyrol and of the Dutchy of Venice (3) joined to menaces, have required of our side, as Sovereign, to make preparations on our side, which, in removing all apprehensions for the safety of our States, could, however, give France no pretext of mistrust or of public complaint.
At the same time we took proper steps at the courts of Petersburg and Paris, to renew the negotiations of peace, at the very moment when those negotiations of which had been begun, were interrupted. The court of France denied our good intentions, and rejected our mediation; the court of Russia, on the contrary, declared herself ready to open with us, and with the same moderation as we, an amicable negotiation (4), for the purpose of re-establishing the tranquillity, safety and equilibrium of the European States, by an armed mediation.
Very far from desiring the renewal of the war, but convinced of the necessity of these vigorous measures, we only ones capable of establishing a true and lasting peace, we shared for this purpose the resolutions of His Majesty the emperor of Russia, and confidently hope that they will be attended with the most salutary results (5).
At the same time we are convinced that our faithful subjects, who have given us during our reign of thirteen years, so many affecting proofs of their attachment, will assist us with all their might in an enterprise which has no other aim than their happiness, the only object of our attention, and the most grateful with of our heart.
We hope then that our faithful subjects will pay, not only with the greatest punctuality the contributions established for the year 1805, and for the year 1806, but will furnish gratuitously for the maintenance of our armies, the following articles, to wit:
   Bushels of corn. Bushels of oats.     Gallicia 400,000 55,000   Bohemia 291,531 587,321   Moravia 177,632 266,448   Silesia 24,850 57,275   Lower Austria 174,104 262,236   Upper Austria 80,272 133,809   Styria 777,824 116,736   Carinthia 38,601 57,912   Carniola 19,961 29,943   Goerza and Gradiska 5,496 8,244 (6)  
This proclamation is dated the 20th Sept. 1805, and signed Francis.
Notes by the Editor of the Paris Moniteur.
(1) Is it necessary to turn to those facts already known to the whole Universe, the occupation of Landau, the acquisitions consummated and negotiated in southern Swabia, the invention of the right of waif so onerous to Switzerland and so militant against her neutrality, the refusal to pay, the debts due to the subjects of the Kingdom of Italy, objects so contrary, both in their ensemble and in their details, to the spirit and letter of the treaty of Lunéville, that there was no other manner to break the sworn faith than to violate also the recess of the Empire, to sap the foundations of the constitutions of Germany, and to invade Bavaria? One cannot help deploving, the fate of a people who are imposed upon by so many fallacies to make them endure all the misfortunes, all the scourges of war.
(2) Is it necessary to cite, in support of this assertion, the approbation given to the right of blockade which independently of its being humiliating for an independent state, is an evident hostility on the part of a state which pretends to be neutral? The court of Vienna has formed to herself a strange idea of the duties of neutrality. She thinks no doubt that she will act as a neutral power, when she calls the Russian armies upon her territory, when, assembling all the forces of the Austrian monarchy, she leaves her capital, her strong places to be guarded by the citizens, to march her whole army to the borders of the Rhine.
(3) When Austria, under the pretext of forming a cordon of troops to prevent the introduction of a contagious disease which no longer existed, sent an army into the states of Venice and hastily raised field fortifications, there were only pleasure camps in the kingdom of Italy: not one regiment, not one battalion, not one company was upon the frontiers of Tyrol. At that same period, on the contrary, all the military forces of France were assembled on her coast opposite to England. Forty days have hardly elapsed since the moment when 100 thousand Frenchmen were embarked on board the flotilla of Boulogne, expecting every instant the squadron to protect their passage, and the favorable wind that was to waft them to the territory of Great-Britain.
(4) We shall not repeat the observations already made upon this strange mediation, by which Austria said to England: march against our enemies; and to France: submit to all the conditions which your enemies would wish to impose upon you, or I march against you; a negotiation indeed as friendly as that of a man who, under pretext of separating two combatants, should advance towards one of the two and strike him behind with a pistol.
(5) No doubt you relied upon a salutary result; because you thought that at the moment when your treason would break out, the army of Boulogne would be in England. You have had the cowardice to raise a hostile sword against a friend engaged with all his means in a quarrel which was at least foreign to you. The God who watches over loyal and faithful nations, and who punishes treason and perjury, detained our flotilla in port. These same Soldiers who were armed only to fight against the enemies of the Continent, have arrived upon you with the rapidity of lightning, guided by the angel of victory and protected by the God of armies.
(6) That a Monarch surprised by the treason of a disloyal Prince, should demand of his people the greatest sacrifice, is very natural; he could not foresee the perfidy, and nobody will be astonished at his having been taken in. The Sovereign, on the contrary, who, having long and maturely mediated an mediation an odious and use of a gress, comes at the moment of the execution of the foolish enterprise to inform the alliance of all his subjects, and to require that they should share with his armies the substance of their families, must be for them, for his enemies, a, even for his friends, only for an object of mockery. Let us leave to our readers the care of placing the name under these portraits, and let us confine ourselves to observing that the EXECUTOR OF THE FRENCH has asked of his people only soldiers, and that already his eagles are gone to seek, in the heart of Germany, a victory, who will be faithful to them.
NEW-YORK, December 12.
A letter from the Isle of France, dated July 24, 1805, mentions 40 sail of American vessels being embarged at that place.
From late French papers at the office of the Mercantile Advertiser.
MILAN, October 4.
The army of General Massena has been reinforced by several bodies of French and Italian troops. It is in a brilliant situation, and ready to enter the territory of the enemy at the first signal.
The department of war has caused to be published, that the governors of the states of the Pope, through which the Italian army passed last month under the orders of General Ottavi, have testified the greatest satisfaction at the excellent conduct and discipline which these troops have manifested every where.
MADRID, September 15.
Admiral Gravina, who had given in his resignation as commander, in consequence of the differences which had taken place between him and Admiral Grandellana, commander of the squadron at Ferrol, has not only resumed the command, but has been appointed commander in chief of all the Spanish sea forces united in Cadiz.
The following is an exact statement of the maritime forces in the port of Cadiz:
1. Spanish Squadron—Don Frederico Gravina commander in chief: the Prince of the Asturias of 120 guns; the Argonauta and the Neptune of 80; the Terrible, the Montano, the Monarco, the St. John of Nepomuceno, the St. Augustine, the St. Ildefonso, and the Francis d'Assise of 74; the St. Fulgencio of 64; the Frigate Flora of 44; the corvette L'Indigadora of 24.
2. French Squadron—Admiral Villeneuve, commander in chief: the Bonaire, the Formidable, the Neptune, and the Indomptable of 80 guns; L'Algerine, the Plato, the Mont Blanc, the Swiftsure, the Scipio, the Berwick, L'Intrépide, the L'Agile, the Hero, the Fougueux, the Duguay, the Troupie, the L'Argonaute, the Terrible, and L'Achille, of 74; frigates: L'Hermoine, L'Hortense, La Cornelle, La Themis, and the Rhine, of 40; brigs L'Argus and L'Oiseleur of 16 guns; the Couriers of 18.
3. Vessels, which were previously in port under the orders of Lieutenant general Don Ignacio Alvear: the St. Ann of 120; the Rago of 100; the Bahama and the Guaco of 74, and the St. Leander of 64 guns.
Domestic Intelligence.
NEW-YORK, December 12.
Captain Cheever, arrived at Salem from Tronington, informs, that a very unpleasant discussion has taken place between Mr. Forbes, the American Consul at Hamburg, and the French Minister there, on the subject of the seizure by the French, in the Elbe, of the American ship Neustadt, which without any legal condemnation had been brought to Hamburg, and offered for sale. Mr. Forbes had publicly cautioned all persons against purchasing the ship, and had caused legal and quiet possession to be taken by the owner, (a Mr. Keith, of Alexandria, Virginia) after which a party of French had forcibly dispossessed the rightful owners in the harbour of Hamburg. The affair was thus situated when

Few legal cases have excited greater curiosity in this city, than the one which called forth the following Opinion of the Chief Justice of the United States. Tho' this opinion was not given before the parties interested had agreed upon a compromise, the principle, which it supports, may hereafter become a precedent for all future decisions in similar cases.
The motions now made in this cause, respect the execution of a decree made in this court by consent, in June 1804.
By that decree, the defendant, Ross, was directed to pay to the plaintiff, the sum of 184,864 dollars, 70 cents, by certain instalments in the decree specified: And in default of payment, it was ordered, that the marshal do, from time to time, make sale of the lands, tenements, slaves and other personal property mentioned in certain indentures which are filed in the cause, or such part thereof as shall appear sufficient to raise the sum of money that shall then be due or payable. The files were to be for ready money, and the times and places to be advertised six weeks in one or more of the Richmond newspapers. The marshal was to pay to the plaintiff the money so raised, or so much thereof as would discharge the sums then due, and to bring the surplus, if any, into court.
Default of payment having been made by the plaintiff, a large tract of land, consisting of 18,000 acres, called the Oxford iron works, being one of the tracts comprehended in the decree, was advertised and sold; and Thomas Taylor became the purchaser, at the price of 13050 dollars. The officer has reported his proceedings to the court, and a motion has been made to confirm the report, and to direct the marshal to put the purchaser in possession of the premises. A cross motion has been made on the part of the defendant, to set aside the sale, as having been irregularly conducted, or to open the bidding in consequence of an offer now made to purchase the land, at double the price given for it by Mr. Taylor.
As the success of the first motion depends entirely on the validity of the objections made to the file, the court will now review those objections:
On the first part of this motion—that the sale should be set aside for irregularity—the defendant urges three points:
1st. That so large and valuable an estate should have been sold in parcels and not entire.
2dly. That the advertisement did not give sufficient time, did not sufficiently diffuse the information, and was not sufficiently descriptive of the property.
3dly. That the sale was a mere mockery, there being only one person present to bid, except the officer, and therefore the property was sacrificed, not sold.
Whatever weight the court might have been disposed to allow to the objection which respects the conduct of the marshal in offering the entire tract of land for sale, had that officer regulated himself in that particular, by his own judgment or the instructions of the plaintiff, none can be given to it under the actual circumstances of the case. It was referred to Mr. Ross himself to decide whether the land should be sold in parcels or in one entire tract, and he insisted strenuously on the latter mode of sale, giving it as his opinion, through his agents, that the estate could not be divided without material injury. If, after this, the marshal had proceeded to set it up in parcels, and the sales had been low, every person must perceive with what additional plausibility the objections to the mode of sale adopted by the officer might have been urged.
It is suggested that this declaration on the part of Mr. Ross applied to the first and not the second sale. Were this suggestion supported by the fact, the court does not perceive its influence. The circumstances of the estate remained the same, and the officer could not suppose Mr. Ross to have changed his opinion unless he had communicated that change. But the fact is, that Mr. Ross expressed the same sentiment with respect to the 2d sale. In his report, after mentioning the necessity of selling for the instalment which became due in July 1805, Mr. Mosby says, "the sale of the Oxford iron works and lands adjoining, not being completed, the said Ross and Wickham agreed that they should again be exposed to sale in preference to any other part of the trust property; the said Ross then requested that the said iron works and lands might be sold together."
The particular motives of Mr. Ross for making this request have perhaps been truly stated by his counsel; but whatever they might be, it is not for him to object to an act performed at his instance. The court has felt as little difficulty in deciding on the sufficiency of the advertisement. The sale has been published for a greater length of time, and in a greater number of papers than is required by a decree framed by the parties themselves, but had he not exceeded these limits, it would I think outrage the clearest principles to say, that an officer had executed a decree irregularly, because his advertisement was strictly conformed to that decree. To the objection which respects the description of the property, it has very properly been answered that this notice was in part prepared by Mr. Ross himself, and must therefore be considered as having received his approbation. But in any event, he might have added such a description of the property as his knowledge of it enabled him to give. A minute description from the marshal was not to be expected. An important reason against it is that an error in the description might have affected the sale.
But it is suggested, that the provisions in the decree, which relate to the advertisement, were not made under the contemplation that the whole property contained in the deed of trust, or a very great part of it, would be brought at once into the market. It was conceived by the parties, that only so much would be sold at a time as might be necessary to raise a particular instalment, and therefore a notice less diffusive and for a shorter time was stipulated, than would have been insisted on, had it been supposed that one third of the whole trust property would be sold at the same time. But it appears to the court that the very case, which has happened, must have been contemplated by the parties. After selling the other property contained in the deed, an event, which must have been considered as probable if not certain, the Oxford iron works would of course be sold, on the failure of Mr. Ross to pay the instalments which would afterwards become due. The court must suppose, that the judgment of Mr. Ross was always in favor of selling the estate entire. Of consequence, a sale of the whole property must have taken place, and the parties to the decree must have had in contemplation such a sale, when the decree was formed.
Come now to the third objection to the sale, on which the counsel have, I think with reason, placed their greatest reliance. Their arguments, I own, have excited great doubt in my mind respecting the propriety of the proceeding, nor can
I conceive from the evidence, that that decision which, after viewing the subject in all its aspects, I think it my duty to make. The objection is, that only one bidder being present except himself, and being himself authorised to bid for Mr. Wickham only a small sum compared with the value of the lands, the marshal ought not to have set them up. That it was inconsistent with his duty to sacrifice an estate to be sold under the order of a court of chancery—an event which might with certainty be predicted from the circumstance which has been stated. A public sale it has been said implies the attendance of several purchasers: and the want of such attendance is the want of a circumstance which is essential to the thing itself.
On the other hand it is contended, that the officer was bound by the terms of the decree to sell at all events if he could raise the money, and that he would have become responsible to the creditor had he failed to do so.
Perhaps on neither side has the principle been exactly laid down, and perhaps no precise line for the conduct of any officer under such circumstances can be marked out. In executing a decree, the part of the officer is ministerial so far as the provisions of the decree extend, but on points not expressed he may exercise some discretion. That discretion however, must be limited—for if he should so exercise it as to defeat the decree, or unreasonably to delay its execution, his conduct will be culpable. On the time of sale the decree certainly leaves something to the judgment of the Marshal. In this case the time and place may be fixed by him. After having fixed them he ought not lightly to change them; but certainly circumstances may exist which would justify his doing so. If by extreme bad weather or by any other casualty, it should become apparent that the sale could not be made without great and real injury, and there was ground for the opinion that a postponement of the sale would enable the officer to make it within reasonable time at a fair price, I should be surprised to find the officer arraigned for attending to such a postponement. Upon this subject then the Marshal may exercise some discretion, but it is a discretion controlable by the court. If in the exercise of it he determines to sell, although the determination may be a hard one, the purchaser acquires rights which ought not lightly to be taken away. He ought also to recollect that when an opinion prevails that a sale will not be made, every postponement not produced by causes which are obvious, will probably strengthen that opinion, and diminish the number of bidders who will afterwards appear. The situation of an officer would not be free from hazard if, without good reason, he should decline selling at the time originally appointed, and should afterwards find himself unable to make the sale.
In the case before the court, the property for sale may be considered as certainly worth 25,000 dollars, although it had sold at 20,000 and the officer had reason to be assured that it would sell at not much more than 13,000. This was certainly a great sacrifice, and it ought not to have been made if the state of things was produced clearly by a casualty, the recurrence of which there was no strong reason to expect.
The plaintiff's counsel assign a cause for this state of things which, if true, ought certainly to have had considerable influence on the conduct of the Marshal. They say that it is to be ascribed to Mr. Ross himself, and that there was no ground for the hope of its removal. Some testimony has been produced to prove a common opinion that Mr. Ross possessed inclination and address to prevent the sales entirely, or to annul them if made. So far as this opinion was founded on the defendants controverting the sales made at the Eagle, which were formerly discussed in this court, I do not think it ought to injure him; because, whether those sales would have been set aside or affirmed, there was certainly reasonable ground for contending them, and no man ought to suffer for appealing to the laws of his country where he has sustained an injury which he believes they will redress.
But this being represented to be the general opinion entertained of the defendant, it was probably not unknown to him; and if known, he must have foreseen the consequences of such an opinion, and ought, in common prudence, and would if he had really designed to carry the decree into full and fair effect, have taken the proper measures to prevent those consequences. He would have given assurances that these apprehensions were ill founded, and would have taken some pains to induce the attendance of bidders. Not only has this been omitted, but every step taken by Mr. Ross, has at least the appearance of an intention to prevent such a competition for this property as it was the interest of the creditor to obtain. The circumstances which produce this opinion shall be briefly stated.
Mr. Ross has omitted the use of all those means to draw purchasers to the sale which were not prescribed in the decree, but which were in his power, and which a man of common prudence being about to dispose of property, the sale of which he knew would be difficult, would unquestionably employ.
He has chosen a place of sale which was particularly well calculated to favor the purchase of the property at a low rate. I say he has chosen the place, because when the same property was offered for sale at the Eagle tavern, the place constituted one of his objections. He insisted that the sale ought to have been made on the premises; and having never expressed a contrary opinion, and having concurred in the advertisement which changed the place to that he had declared to be the proper one, the place must be considered as chosen by him.
At his instance, the land was on both occasions sold entire and not in parcels. It will be readily admitted that in cases of real competition among bidders, desirous of purchasing the property for use, and not for speculation, the iron works, with the lands appertaining to them, would be a more desirable acquisition than the works without the lands. But such a competition was not to be expected. The means to obtain it, if indeed it was attainable by any means, had not been taken: and the sale of so great a property in a single lot, was precisely calculated to promote a scheme for purchasing it in at a low rate. If the reflection of Mr. Ross had not conducted him to this result, he ought to have been led to it by actual experience. The sale at which he was himself the purchaser, must have admonished him of the price at which the Oxford iron works at the same place, and under similar circumstances would sell. Yet he persisted to require that the whole should be sold together.
There remains yet another circumstance which is perhaps more conclusive than any which has been mentioned. It is his insisting that the land should be sold not for the whole amount of the instalment which was due, but only to raise 15000 dollars, the balance remaining unpaid, of the first sale. For this request, what could be the motive of Mr. Ross? This was a declaration, that the whole tract should be sold to raise 15000 dollars, rather than to raise 16000. For this what inducement could he have but to become himself the purchaser?
I concede from the evidence, that all the marshal to whom they were all known, must also have concluded from them, that Mr. Ross was uniform and systematic in his endeavors to defeat the trust, and the decree rendered with the consent of parties, by becoming himself the purchaser of the trust property at a great under value. That this would materially affect the vested rights of the creditor is not to be doubted.
I do not recite these particulars for the purpose of reproaching Mr. Ross. I can readily conceive that a man pressed as he is, may be guilty himself into the opinion that by extricating his property from liens, and recovering his power to dispose of it, he may ultimately do justice to all; and that time will do for him more than time can perform. But I state them to show if in making such an attempt, the debtor fails, he must not expect the aid of a court to enable him to carry it into effect. He plays a game of great hazard, and he risks his whole stake upon his skill and good fortune.
In enquiring into the duty of the officer, these circumstances are all to be taken into view, and the effect which they would have and ought to have had in regulating his conduct. There was no reason for supposing that the causes which had kept away bidders would cease to operate. There was no ground for the opinion, that if another sale should be advertised, the same motives for a full further postponement would not recur. No point of time could be taken when the force of these motives would be diminished. It would be in fact to countenance the opinion, that the creditor must be kept out of his money until the debtor should pay it without coercion. He could not forget that Mr. Ross had already been indulged from the time of the preceding sale, and he could not be sure that an extension of the indulgence, would change the state of things for the better. Under these circumstances, I cannot say that the officer acted irregularly in selling the property for the sum, and at which he expected to have become himself the purchaser.
It has been said that there were other irregularities which will assist in vitiating the transaction. Mr. Mosby's bid has been represented as a nullity; and cases have been cited to prove that he could not have been a purchaser. Those cases certainly go a great way in establishing the position that, had he purchased, Mr. Ross would have been let in to redeem on equitable terms; but they do not prove his bid a nullity. So far as respected the debtor, his bid had the same effect as if he had not been disabled from becoming a purchaser for himself. It affected the bidding of Mr. Taylor in precisely the same manner as if it had been made by a by tender unconnected with the sale.
Neither was his declaration that he would bid to a certain price an impropriety which this court can regard. Independent of the consideration that this declaration was drawn from him by Mr. Ross, and was not prohibited by any known rule or usage, I cannot perceive how it affected the case.
It only hastened a discovery which Mr. Taylor must soon have made. When Mr. Mosby's ceased to bid, the secret would have been divulged; and that Mr. Taylor would afterwards have bid upon himself, was not to be expected.
It has been also contended that the court will not assist in giving effect to a contract made by its officer, of which it would not decree a specific performance if made by the party himself. But the cases are not the same in principle. The court will not assist a person who has gained an unreasonable legal advantage, because his remedy is at law, and the court is not entangled in the proceeding. But the cases say that for mere inadequacy of price, the court will not take away his legal remedy. In this case, the aid of the court is not required. The decree already rendered makes it the duty of the marshal to complete the transaction unless the court will set aside the sale. A case therefore where the court will not interfere, is no precedent for this. For in this case the court must interfere and set aside the contract of its officer, or the sale stands.
In support of the second part of the motion, that the biddings should be opened in consequence of the offer made by Mr. Giles, many authorities have been cited which prove beyond a question that in England, in a case far short of this, the biddings would be opened.
Those authorities, at first, made a strong impression on the court. These decisions undoubtedly proceeded on the principle, that where sales are made under the authority of a court of chancery, the justice of the court is concerned in having them made to the best advantage. That principle exists, wherever a court of chancery exists, and I was much inclined to pursue it through the same consequences which it had introduced in England. But on further reflection I do not think myself at liberty to do so. The doctrine of opening the biddings is not in itself a principle of equity, but a practice established by particular courts, in consequence of a principle, which practice enters into the contract and forms its character. In consequence of that practice, the contract is in fact, on both sides conditional, until the report of the master is affirmed. But in Virginia, in pursuing the same principle, the courts have established a different practice. In Virginia the contract is absolute. The purchaser is entitled to his purchase, and cannot recede from it. The benefit or the loss is legally his, and it requires some impropriety which vitiates the transaction to set it aside. I will not deny that in my opinion the usage of the English courts is to be preferred; but if I could introduce it, the rule should be prospective, not to affect past transactions.
There is certainly much weight due to the authority of those cases where, after the affirmation of a report, the biddings have been opened; but after mature consideration, I cannot admit their influence in this case. In all of them, it is expressly stated that something more than inadequacy of price is required to set aside a sale after the affirmation of a report; and such is certainly the real principle. It is true that where the undervalue is gross, the court will strain hard to find the circumstances which will enable it to relieve the injured party; and I believe that in this case an English court would manage to find them: but I think it safer to adhere to the principle itself, and I am much inclined to think that in this country, general principles of policy would not justify such frequent interference in public sales as may be practiced in England. It is not, however, on this idea of general policy that my opinion is founded. It depends on the principle itself as stated in the English books.
Nothing can be more irksome to a court than to perceive that principles, with an adherence to which it cannot permit it self to dispense, will produce great individual loss. But these feelings cannot control the course of justice. I think myself obliged to overrule the motion for setting aside the sale, and of consequence, the report is affirmed.
WANTED ON RENT. A COMMODIOUS HOUSE and LOT, with stable attached thereto.—The vicinity of the town would be preferred. Apply to the Editor of the Enquirer. December 10. N 5 8 9
Letter of Congress to the Editor.
"Nothing has yet occurred in the present Congress, by which a correct estimate can be made of the relative strength of the parties which compose it. I say parties—for I fear it is in vain to expect, even in this body, which should contain the concentrated wisdom and virtue of the nation, that all will be governed by motives purely patriotic. If those who are usually called Yazoo-men—together with those who constitute the third-party (which I believe is a very small one) unite upon any questions with the federalists,—they will form a body too strong to be controuled, but by the whole force of the republicans. The latter, even then, I think, will have a majority, but it will be so small, that not a man can be spared. That such a union will be formed on some subjects, I think is highly probable—particularly if the Yazoo-men should be irritated as formerly, by questioning too closely the purity of the principles upon which they act. Their old wounds are not yet healed, and they should be probed and dressed by a very delicate hand. The caustic, and the knife may drive them to despair. Feeling will then usurp the province of judgment, and our acts may prove effusions of passion, instead of being the results of calm ratiocination. A resolution relative to the Yazoo-lands was submitted by Mr. Gregg to Congress the other day, which will produce another discussion of that subject, perhaps before Christmas. It is almost certain, I think, that it will then receive its death blow. Several additional votes against this iniquitous business will be gained by the new members, and some of the old ones may be expected through deference to the sentiments of their constituents to change their opinions, or not to vote at all. It is not, I am told, in Virginia alone, that this transaction has been generally execrated. The public sentiment throughout the union, and particularly in the southern states has been expressed in the strongest terms against it."
"Another subject of far greater importance, will soon be before Congress. I mean the question of peace, or war. Upon this point, I am not prepared to express a decisive opinion. Both sides of the question will probably have many advocates. The immediate interests of the commercial states, & of those likely to profit by the plunder of the Spanish settlements adjacent to them, will produce, I expect, a strong party—if not in favour of war, at least of such measures as will soon lead to it. But if war can be avoided consistently with our interest and honour—another party, and that by no means a weak one, will use every effort to prevent so great a calamity. By this party, you will without doubt understand that I mean the republicans. Nothing I believe would gratify the federalists more, than for this country to be involved in war: A part of them, because they really think we ought to engage in it, and a part because they know that it would embarrass our present government very much. Upon this subject you shall hear more, as soon as I can form a more correct opinion of the course likely to be pursued. At present I believe scarcely any person has decided how he shall act. The present situation of Europe is certainly highly favourable to the United States, whether they determine to adopt hostile or pacific measures. But a few more years of tranquillity would augment, almost incalculably, our capacity to wage war,—and they surely would not diminish our chance for preserving peace. Yet such is the quietude which a long course of prosperity has engendered amongst a portion of the people of the United States, that some depletion I fear, will be necessary before they can be brought to a proper temperament. In the body politic, as well as the body natural, very high health seems to produce consequences entirely familiar. A disposition in both to commit extravagancies soon evinces itself, which sober reason, and judgment, can with difficulty controul."
REMOVALS FROM THE EXECUTIVE COUNCIL.
The Legislature of Virginia proceeded on Tuesday, to remove two members of the Executive Council, agreeably to the 9th paragraph of the constitution, which among other things declares that: "two members shall be removed by joint ballot of both houses of assembly, at the end of every three years, and be ineligible for the next three years." Previous to the taking of the ballots, Mr. Semple offered a resolution to the House of Delegates, regulating the mode of voting in this, and in all subsequent elections.
Resolved, That in all cases of joint ballot by both houses for the election or removal of any officer, if on the first ballot no person shall have a majority of the whole number, on the second ballot the person who had the smallest number of votes, shall not be balloted for, and so in each succeeding ballot till some person shall have a majority of the whole.
The usage of the house had hitherto been, to confine the ballot to the two highest on the list. This resolution not having been laid before the house, until information had been given that the senate that they were ready to proceed to the joint ballot, it was deemed informal to present it for decision; and it was consequently withdrawn.
The vote was taken on the removal of the Councillors separately and not jointly. The following was the result of the two first ballots:
1st ballot. 2d ballot.
John Guerrant, 11 3
Alexander M'Rae, 14 8
William Foushee, 57 111
Alexander Stewart, 9 4
William Brockenbrough, 21 8
Lyne Shackelford, 34 7
John Heath, 44 52
190 161
Of course it was decided by the second ballot, that Dr. Foushee was removed from the Executive Council.—On balloting for the second member that was to be excluded, the following was the result:
1st bal. 2d bal. 3d bal.
John Guerrant, 8 2 0
Alexander M'Rae, 11 1 1
Alexander Stewart, 11 2 1
William Brockenbrough, 32 95 108
Lyne Shackelford, 50 21 18
John Heath, 56 69 64
188 190 192
The third Ballot therefore gave Mr. Brockenbrough a majority of the whole number of votes. He is of course to be removed from the executive council after the 4th of May next.
It is not our wish to make any comment upon that clause in the constitution, which every three years dooms the Legislature of the state to the painful office of immolating two of the executive council. By some politicians, it may be regarded as a wanton, and unnecessary sacrifice of private feeling: whilst it may be applauded by others from its tendency to secure the responsibility of the officer, and to introduce a rotation in office. Still farther is it from our wish, to compare together the qualifications of those councillors who have been retained and those who are rejected, or to impeach the motives of the majority, who preferred over the "fatal urn." May we not, however, be per-
been excluded? to express our veneration for the services which they have rendered, and the capacities which they possess? and to avow, in the independent language of truth, that two of the ablest members of the council, have suffered the sentence of ostracism? Men who have deserved well of their country; men who have amply rewarded her for the favours which she has conferred upon them; men, whose anxiety to promote her welfare is still unabated, may experience disappointment, but it is the part of every independent man to do justice to their merits.
We are happy to hear, that Dr. Foushee has come forward as a candidate to represent the county of Henrico in the next General Assembly.
The Legislature has not yet been engaged in any question of general importance. Hitherto it has been principally employed in reading petitions; it being one of the standing rules of the house, that "the period of fifteen days from the day, on which the house of delegates annually form a house, shall be prescribed for the reception of petitions, Sunday's excepted."
On Monday, the bill for dividing the county of Amherst was rejected Noes 87. Ayes 76. The principal speakers were Messrs. Garland (from Amherst); Burwell (from Franklin) and Clarke (from Campbell).
Joseph Eggleston, Esq. was, on Tuesday, appointed Major General, to supply the place of Joseph Jones, dec'd.
FOR THE ENQUIRER.
Most of your readers must be conversant with the style of the Poems of Ossian.—The following is an attempt to throw them into a more poetical form.
THE DEATH OF CUTHULLIN.
Do winds on Fingal's shield resound, Or in my hall do voices sound, Of former times? Sing on, sweet voice, Thy music makes my soul rejoice, Sing on, Bragela, I delight To hear thy lovely song by night. 'Tis nothing but the tumbling waves, All white with foam, where ocean laves The craggy rocks. 'Tis not a fall, Expanded by the southern gale, To bring Cuthullin to our shore. Ye mists, deceive my eyes no more, As round some hero's ghost ye rise; And spread your grey skirts to the skies. Why dost thou, son of Semo, stay, And thy return so long delay? Four times has shadowy autumn's breeze Aroused Toymora's restless ease, Since thou hast been amidst the war, And thou Bragela distant far. Ye hills with vapours cloth'd on high, When will ye to his house reply? But dark and silent ye remain; And sad Bragela calls in vain. Now night comes rolling down the sky; The sea no longer meets the eye; The heath-cocks' wing now throbs his head; The hind sleeps on a grassy bed. Beside the hart; with morning's beam They'll rise, and feed beside the stream. But tears to me return with light; My sighs come on with silent night. When wilt thou come, and end my cares, Cuthullin, chief of Erin's wars? How pleasant is thy voice of grief, Daughter of Sorgan, car-borne chief! But to the hall of shells retire Where flames of burning oak aspire; There listen to the murmuring sea, That rushing rolls around Dunfeal; Let sleep descend on thy blue eyes, And in thy dreams thy hero rise, Where Lego's fable waves resound Cuthullin fits, and night around; His thousands spread around the plain; A hundred oaks blaze bright between; The feast of shells is smoking there; Old Carril, with his long grey hair, Uplifted by the rustling breeze, Awakes the harp beneath the trees; His song is of Iormora's land; And of its chief Cuthullin's friend. "Why Connal, why art thou away In a dark gloomy stormy day? The southern chiefs their force convene, Against the car-borne Cormac's reign, The winds detain thee, not thy soul; Around thy isle blue waters roll. But Cormac is not left alone; His wars are fought by Semo's son; Cuthullin leads his warlike bands, The terror of the distant lands; Like death's dark cloud, that slowly flies, By sultry winds borne thro' the skies, As slow it moves, the sun grows red, And all around, it shews the dead." Of Carril's long such was the theme, When from the foe a message came. His pointile spear the bard extends, And speaks the words that Torlach sends, Brave Torlach, chief of Lego's lands, Who led to war the southern bands, Against young Cormac, who afar In fair Temora's learned war; To bend his father's forceful bow, And the bright beaming spear to throw; But long thou didst not life the spear, Mild beam of youth, dim death stands near. The moon's dark half thus seems, by night, To threaten its fair growing light. Before the bard Cuthullin stands; The shell of joy gives with his hands. "O bard," he said, "what are the words Of generous Torlach, chief of words? Comes he to wage the strife of death, Or to our feast spread on the heath?" "He comes" reply'd the bard "to war, Whereounding spears fly thro' the air, When Lego sees the morning's light, Upon the plain will Torlach fight, Say wilt thou meet his dreadful spear? 'Tis like a meteor of the air; Bright shining on the nightly sky. He lifts it and the people die." "Sweet voice of Lego, do I fear," Cuthullin said, "the hero's spear? His valor is admir'd afar: But bad, my foul delights in war. Cuthullin's sword rests not from fight; It longs to glitter in the light. By Lego's lake, the morning's beam, Shall on Cuthullin's armour gleam. But fct thou on the beach O bard And let thy tuneful voice be heard; Partake thou of the shell of joys, And hear Temora's songs arise." "This is no time," he made reply, "To hear Temora's songs of joy; When, like the strength of Lego's stream, The mighty are in war to gleam. Why art thou dark, Slimora's hill, With all thy giant woods so fill? No moon nor star lends thee a ray, To light the nightly wanderer's way; But death's pale meteors are nigh; And forms of ghosts around thee fly. Why art thou dark, Slimora's hill, With all thy silent woods so fill?"
* One of the Helvirds. † The royal palace of Ireland. (To be continued.)

DOCUMENTS Accompanying a MESSAGE from the PRESIDENT of the United States. Comprising as full length all the papers not previously inserted in the Enquirer.
Copy of a Letter from capt. John Stinson, commander of the ship Huntress , to the Secretary of the Navy. LONDON, Aug. 20, 1805.
SIR, On my arrival at Liverpool, I wrote for the information of government, giving a statement of the capture of the ship Huntress , (laden with government stores) On my arrival here Mr. Lyman informed me he had not written, induced me to forward this, left the first should mislay.
"On June the 18, lat. 35. 20. N. Lon. 74. 50. I was brought to by a Spanish schooner privateer called La Maria , commanded by Antonio Lobo, from Porto Rico. The reason Lobo gave for detaining the ship was, her being bound for a British port, and not having a Spanish passport." After robbing the ship of ten barrels of bread, one barrel of tar, & sundry other articles took all my crew out except the cabin boy, put a prize master and eleven Spaniards on board, and ordered the ship for Porto Rico.
"On June 9th, in sight of Bermuda, was retaken by two English Guineamen; after taking the Spaniards out, put a prize master and crew on board, and ordered the ship for Liverpool, where she arrived on the 16th ult. much damaged.
I have the honor to be, Your very humble servant, (Signed) J. STINSON."
Copy of a letter from Lieut. Jas. J. Maxwell, to his excellency general Calhoun , Algiers.
U. S. GUN BOAT NO. 3. Harbor of Algiers, June 15, 1805.
SIR, I HAVE the honor to acquaint your excellency, that I was this morning brought to by four armed boats under Spanish colors, who after exercising the utmost insolence, and without assigning the smallest reason, conducted me to this port.
The orders received from my government were to proceed with all possible dispatch to the commander of the American squadron in the Mediterranean. The serious consequences attending this unwarrantable detention must be too obvious to your excellency to require remark. I shall only observe, that if your government authorities indignities of this nature, to my own, I must appeal for redress. I am sensible, however, this cannot be the case, and persuade myself that your excellency will readily redress the insult offered the American flag, in this instance, and take measures to prevent a repetition.
Under this impression, I am, Very respectfully, Your most obedient, (Signed) JOS. J. MAXWELL.
His excellency, GEN. CASTANIO, Algiers.
Copy of a letter from Lieut. J. Maxwell commanding gun boat No. 3, to commander Rodgers.
U. S. GUN BOAT NO. 3. Harbor of Syracuse, July 8, 1805.
SIR, I HAVE to acquaint you that on the morning of the 15th June last, Gibraltar bearing N. E. distant 8 leagues, I was brought to by 4 Spanish gun boats, who, without examining a paper or assigning any other reason than their suspicion of my being an Englishman, took charge and conducted me into Algiers.
It is necessary to remark, that my guns were at that time in the hold. Immediately on my arrival I stated officially the circumstances to the general of marines, which I also enclose for your perusal. The boat was instantly discharged with many apologies and offers of supplies and assistance, should I stand in need of them. I was requested to wait a short time the general's answer. I did so till 4 P. M. Apprehensive I might be detained much longer, and knowing the importance of the boat's joining you without the smallest delay, I weighed without it, and stood over to the Rock, where, for the first time since our separation on the 13th May, I found the John Adams. I should have waited on the general of marine personally, but could not procure practice.
I proceeded immediately to mounting my guns, and sailed from Gibraltar the 18th June. I have the honor to be, Very respectfully, fir, Your most obedient, (Signed) JOS. J. MAXWELL. Com. RODGERS.
Extract of a letter from Charles Pinckney, Esq. minister at Madrid, to the Secretary of State, dated, Aug. 1805. I HAVE written to you lately very often, informing you of the Spaniards being now in the habit of capturing our vessels as much as during the last war. The following is the list transmitted to me of American vessels taken by the Spaniards, and sent into Algiers for adjudication, since the date of my last to you: Briantine Anne Isabel , of Virginia, Williams, master.
Briantine Vereries, Pels. Briantine Dido , Sable master, from Marblehead. Ship Mary , Robert Stevenson. Ship Eagle , Nehemiah Shaler, last from Liverpool. Briantine Jefferson , Simon Bauman. Briantine Polly and Nancy , of Baltimore, John Cross. Schooner Molengue , John Waterman of New-York. Schooner Lofon , William Maret, of Virginia. Briantine Diana , Silverster Simmons, of New-Haven.
Extract of a letter from Charles Pinckney, Esq. minister at Madrid to the Secretary of State, dated Sept. 22, 1805.
MY last informed you that I was still under the necessity of remaining here until the 2d Oct. on account of all the mules being embargoed for the king's service until that day, so that I could not before go to the Siro to take leave; that I had still been without the pleasure of seeing Mr. Erving or Mr. Bowdoin, and that not being able to wait for them any longer, I should, when I went away, leave Mr. Young charged with our affairs until they or one of them came; that, during this time, and constantly, I had been busily employed with this court in endeavouring to arrest the numerous depredations of their privateers on our commerce, and their condemnation of our vessels, and to do this my exertions have not only been unavailing, but that more than twenty letters have passed between Mr. Cevallos and myself on the subject. I have now the pleasure to send you the result, by enclosing the copy of a letter which I have just received from Cadiz, and which I have received in such an unquestionable shape as to leave no doubt of its authenticity. By this it appears that my exertions have been effectual, and will probably prevent future captures on that ground.
[TRANSLATION.] From the Secretary of State and of the Marine to the Director-general of the fleet.
SIR, The minister of the United States, complaining of new injuries and captures of American vessels by Spanish cruisers, has given information of the carrying to Algiers of eleven vessels of his nation, under pretext as he says, of their carrying English merchandise. The king being made acquainted with it, has been pleased to determine that, if there be no other cause for the capture of these vessels than that alleged by the minister, they should be put at liberty again; since according to the 15th article of the treaty...
She had on board, before the ordinary marine officers, a special passport from the President of the United States, certifying the nature of her cargo and its destination for the port of the Netherlands; that, on the 15th of July, she had also the passports of the British and French ministers.
ty with the United States, the American flag secures the freedom of the merchandise, although they may be contraband property. But if the cause of detention be any other, his majesty requires that they be decided in due course, and with as little delay as possible. I communicate to you by the royal order, in order that you may communicate it to the generals of the departments of marine, in order that they may make it known to the commanders of marine in every district, and to the owners of privateers, informing them that they will be responsible for the injuries they may occasion.
Sir, Idelfonso , 3d Sept. 1805. Consular office of the United States of America. (L. S.) Gibraltar.
On this 13th day of September, 1805, personally appeared in my consular office of the United States of America, John Allen, commander of the sloop Ranger , belonging to the government of the aforesaid United States, and John Thompson, master's mate on board said sloop Ranger , who, after being sworn on the holy evangelists, did declare jointly and severally, each speaking for himself, that they failed in & with said vessel from Boston in America, on or about the 21st day of July last, on the service of said government, in company with the sloop Traveller , commanded by captain Benjamin Prince, with whom they parted company a few days after their leaving Boston, by reason of weather.
That on the 23d of Aug. last, being in latitude 40 deg. 32 min. north, and longitude 30 deg. 33 min. west, a schooner came up with them mounting six guns with sixteen blunderbusses, and about eighteen men, who, although the American colors were flying on board the Ranger and the vessel hove to, fired three broad sides at her without showing any colors, ordering captain Allen to go on board them, which he did; they then came on board the sloop Ranger , broke open captain Allen's chest and trunk, taking from them twelve white shirts, a suit of uniform, six pair silk and six do. cotton stockings, twelve handkerchiefs, two blue jackets, three white dimity waistcoats, two new hats, two pair new shoes and two pair nankeen pantaloons, a spy-glass, sixty-three gallons brandy, butter, cheese, pork, and other articles of ship's stores; likewise, the doctor's box, the mate's and some of the men's clothes and money; also, a letter for the governor of Malta, and several other papers.
That the commander and crew of the said schooner privateer behaved in a most insulting and abusive manner, and they seemed by their appearance, language, dress and manners to have been Spaniards; wherefore they make this declaration, and protest, not only for the robbery committed, but also for the insult flown the flag under which they failed.
Signed, JOHN ALLEN. JOHN THOMPSON. Sworn and declared the day and year first above written, before me, Signed, JOHN GAVINO, Consul of the United States of America.
Consulate of the United States. Island of Cuba. I, Henry Hill, Jun. consul of the U. States, for the said island, residing at the city of Havana, do hereby certify, that the documents herewith annexed marked with the letters from A to G inclusive, and stamped with my consular seal, are true and faithful copies of the originals lodged and recorded in my office—having been by me therewith carefully collated and compared.
In testimony whereof, I have subscribed my name and affixed the seal of my office at Havana aforesaid, the 30th day of August, 1805, and in the year of the independence of the United States the thirtieth.
HENRY HILL, JUN. (A) Consulate of the United States of America. Island of Cuba.
By this public instrument be it known unto all whom the same shall, shall, or may concern, that on the day of the date hereof, before me, Henry Hill Jun. consul of the United States of America, for the island of Cuba, resident at Havana, personally came and appeared William Cory, of Charleston, (South Carolina) master of the brig Ann , and Caleb Dory, mate of said brig, who being by me severally duly sworn on the holy evangelists of Almighty God, did solemnly depose and declare, that being at the port of Cavanass, in this island, on the 15th day of May last, where they were loading said vessel with a cargo for the U. States, they saw lying there an American schooner, called the Betsy , of New-Bedford, taken by a French privateer called the Eugene , commanded by captain Joseph Dumas, some time previous, and in, consisting of about seventy-five puncheons of rum, and seven or eight barrels of sugar.
That during their stay there, they frequently saw the people belonging to said privateer taking out the cargo of said captured schooner and carrying it on shore and selling it.
That the said privateermen, to their knowledge, took out the whole of said vessel's cargo and carried it on shore, where it was sold—that it was so taken out and carried on shore, in open day, without any appearance of opposition from the officers of said port of Cavanass—that after the said privateermen had plundered the whole of the cargo aforesaid, and taken it from the said vessel, & all her valuable rigging & fails, they took the said vessel off the mouth of the said harbor of Cavanass and funk her.
And the deponent, William Cory, further saith, that the said privateermen offered to sell him rum, from the said cargo at thirty dollars a puncheon, which the deponent refused to buy even at that low price, well knowing they had no title to it, and that in them to dispose of it was robbery and piracy.
That he was informed by the guard which was on board his vessel, that said privateermen had bribed the principal officer of said port, by giving him four puncheons of rum to consent to the landing and sale of said cargo. And further the deponents say not.
Signed, WM. CORY. CALEB DORY. In testimony whereof, I have hereunto set my hand, and affixed my consular seal, this eighth day of August, in the year of our Lord one thousand eight hundred and five, and of the independence of the United States the thirtieth.
Signed, HENRY HILL, jun. (B) CONSULATE OF THE UNITED STATES OF AMERICA. (L. S.) Island of Cuba.
By this public instrument, be it known unto all whom the same shall, doth, or may concern, that I, Henry Hill, junior, consul of the United States of America for the island of Cuba, resident at Havana, do hereby certify, that on the day of the date hereof, before me, personally came and appeared, Jacob R. Valk, late master, and George Alcock, late mate of the said schooner Sea Horse , of Charleston, who, on their solemn oaths, which they then took before me upon the holy evangelists of Almighty God, did severally, solemnly depose and declare, that they, the deponents, on the ninth day of June, failed and departed in and with the said schooner, laden with a cargo of flour and German linens from Charleston aforesaid, bound on a voyage to Spanish America—that the said schooner, at the commencement thereof, was tight, furnished, and strong, and in every respect well fitted, furnished, found, manned and equipped for the due performance of the said voyage with variable winds and weather, and without any particular occurrence until the thirteenth day of July, when they made the island of Blanca, on the fourteenth the Tortugas , and on the next day arrived off Laguirra —that they lay off and on Laguirra aforesaid until the twentieth following. In the course of which time, the deponent Jacob R. Valk, made application for admittance to entry; and being informed that that port, as well as all others on that coast, were shut against neutrals he proceeded agreeable to his orders and to a frugation for this port of Havana. And the said several de-
ponents did further depose, that in proceeding for the said port nothing material happened until the twenty-fourth following of said month of July, when being off the island of Jamaica, they were brought to by his Britannic majesty's armed schooner Superior , and upon being examined & found to be neutral were politely dismissed—that they prosecuted the said voyage, making the best of their way for this said port, and experienced nothing remarkable until the fourth day of August, instant, when doubling Cape San Antonio, in this island of Cuba, they were brought to by a schooner under French colours, and boarded by an officer and four men, who took possession of said schooner Sea Horse , and sent the deponent Jacob R. Valk, and two of his crew, on board the said privateer with the said schooner's papers—that the officer on board the said schooner Sea Horse , hailed the commander of said privateer, and said that as he knew her to be a good prize he would bring her to anchor; immediately upon which both vessels hove away for Punta Fuera, about four leagues from Cape San Antonio.
That the commander of said privateer, aided by several Spaniards, who came on board her in canoes from their habitations on that coast, began rummaging the Sea Horse , opening the hatches, and breaking open packages and cases of dry goods, principally consisting of German linens, whilst the crew of the said privateer were continually passing and repassing from one of the said vessels to the other, and most of them in a state of intoxication.
And the said deponent, Jacob R. Valk, did further depose, that being detained on board said privateer from the fourth to the sixth, he had ample opportunities of observing and examining her, and found her to be an American built vessel, having painted on her stern, Caroline of Charleston , which was very visible, notwithstanding some black paint had been put on it to efface it, but which was not done effectually; that she was mounted with one carriage gun and one swivel, and supplied with small arms, and manned with ten men and two negro boys, exclusive of the captain, who said his name was Paul, and the privateer the Volante . And the said deponent did further depose, that the said Paul told him, that he should be sent in an open boat to Havana, and upon his answering that he was determined to remain with his vessel wherever he went, the said Paul replied that if he again opened his mouth he would set him ashore in the woods, and leave him to perish. And the said several deponents did further depose, that on the same evening they were all embarked in an open boat under the conduct of a Spanish fisherman to go to a place about 17 leagues distance, called Mantua , where they received their clothes, which had been previously taken from them.
And the said Jacob R. Valk did further depose, that the said captain of said privateer, after having robbed and plundered him of all his sea chests, his vessel, and his own private papers, and also his persiflage glass or telescope, and twenty one ounces in gold, returned him six of said ounces to defray his expenses to this said port. And the said several deponents did severally further depose, that James Richardson and Jacob Shoemaker, both citizens of the United States, and seamen belonging to said schooner Sea Horse , conducted themselves upon the capture aforesaid in a very mutinous manner, and remained with their own voluntary will with the said privateer.
And I, the said consul, do further certify, that the said Jacob R. Valk did, upon his arrival at Havana, aforesaid, in due time and form, note and enter with me, his protest, in all the premises aforesaid; and now requires of me to extend the same, & make this public act thereof, referring to himself the privilege of making any other protest in the premises, as occasion may require.
Wherefore the said Jacob R. Valk doth, and I, the said consul at his request, do, by these presents, most publicly and solemnly protest as well against the governor at Laguirra aforesaid, and all other public officers whom it may concern, for the refusal of admittance to entry as aforesaid, at that port as against the commander, officers, and crew of the said privateer, for the capture and detention, and robbery and plunder of the said schooner Sea Horse and her cargo, and against all and every person whom it shall or may concern for all damages, costs, charges and expenses already suffered, or which shall or may be hereafter suffered and sustained in the premises on account thereof, that the same be borne by those to whom of right it shall appertain, to be adjudged and recovered in time and place convenient.
Done and protested at Havana aforesaid, (Signed) JACOB R. VALK, GEORGE ALCOCK.
In testimony whereof, the said deponents have hereunto subscribed their names, and I, the said consul, have hereunto set my hand and affixed my consular seal this twenty-first day of August, in the year of our Lord one thousand eight hundred and five, and of the independence of the United States, the thirtieth.
(Signed) HENRY HILL, jun. (To be continued.)
FOR SALE, THE HOUSE and LOT at present occupied by Mr. John Ismond on Shockoe Hill. One fourth of the purchase money will be required in hand, and great accommodation will be given for the balance. Enquire of THOMAS NORVELL. December 17.
WARDLAW, has received his full supply of Medicines, by the ship Rolla from London; also a great variety of Paints, Varnishes, Surgeons Instruments, patent Medicines, &c. &c. And by the ship George from Liverpool, a large supply of vials and shop glass.—Those who favor him with their custom may depend on being supplied with every article in his line on the most liberal terms.
The citizens of Richmond are requested when they apply at his shop by a child or servant to put the name of the article wanted on paper to prevent mistakes. Nov. 1. tf.
CHINA WARE, &c. THE subscriber has just received a handsome assortment of China, Glass, and Liverpool Ware, amongst which are some elegant sets of Tea China gilt with burnished gold, and a great variety of inferior kinds in complete and broken sets, China Bowls assorted, China and China glazed dining, breakfast, & desert Plates, and China glazed Pitchers of various sizes, also, Tea Pots, Sugar Dishes and Cream Urns of the pearl and wedge wood kind. His glass chiefly consists of sets of Decanters, wine and claret Glasses, Tumblers and Gobblers, oval cream Bowls, Sweet Meats and Salts handsomely cut and engraved, caster and liquor Bottles in morocco frames, and a pretty general assortment of German plain Glass. His Liverpool ware is generally assorted, from which he can pack assorted crates to suit country retailers at a very moderate advance. He continues to keep a general assortment of groceries for retailing, of the best quality, and has now on hand, brown Sugar by the hogshead and barrel, Rum by the puncheon and box, Coffee by the bag, New-York Candles by the box, Imperial Tea by the chest, Salt by the sack, and Calfskins well assorted, by the ton or smaller quantity, all of which articles will be sold reasonable for ready money or negotiable paper.
DANIEL TRIPLETT, December 3. (ep4w.)
FOR HIRE, the ensuing year: A BLACKSMITH, perhaps inferior to none in Virginia. He has been brought up to execute the iron work of the carriage making business. Enquire of Wm. B. PAGE, Shockoe Hill. December 14. ep6t
MILITARY CERTIFICATES. FOR SALE, Certificates of this state, bearing interest of 6 per cent. and receivable at the Treasury, for all arrears of taxes, prior to the year 1799. WILLIAM PRICE, Cashr. Genl. M. A. S. May 1. tf.
VALUABLE PROPERTY FOR SALE. AGREEABLE to authority vested in me by the will of the late Samuel Swan, I shall on the 30th day of this month, proceed to sell at public auction, at the Eagle Tavern, in the City of Richmond, on a credit of one, two, three, four and five years, the following property, viz. the Tenement occupied by Messrs. George and James Taylor as their Cabinet Shop. The Tenement with the Lumber House now occupied by Messrs. Pickett, Pollard and Johnson on the cross Street leading to the Basin; also the well known Plantation called Buck Hill, near Manchester in the county of Chesterfield, containing 339 Acres more or less. Satisfactory security will be required by the
EXECUTOR. Any Person wanting further Information will obtain it by applying to George Taylor in the City of Richmond. December 10 1805. (tdf.)
HOUSTON'S newly invented PATENT METALLIC HOME, 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 13. tf.
BURR MILL STONES, of all sizes; and PLAISTER OF PARIS, of an excellent quality, FOR SALE, AS USUAL, BY WILLIAM DAVIDSON, near the Market. Dec. 4. [epf.7]
A NEW TAVERN. REUBEN BURNLEY respectfully informs the public, that he has opened a House of Entertainment in that commodious new building west of the Court-house. Attached to the premises is a new stone stable inferior to none in the state; and that he is in every respect, well provided for the accommodation of genteel company. N. B. Very liberal wages will be given for a good Cook—a male would be preferred. Charlotteville, Nov. 22. ep2m
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 William Bell, I shall, on Friday the 20th of December, 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 William Bell, of about six hundred and fifty pounds, with some interest thereon, for the benefit of John Eppes. CREED TAYLOR, Trustee. Nov. 19. epds
GEORGE WILY, BROKER & COMMISSION MERCHANT, Near the Basin, BUYS and sells all kinds of Produce—Also, Lands, Lots, and houses, Bank Stock, &c.
It has for Sale, LOTS No. 141, 2, 3, and 4, which make one entire square in Du-Val's addition.—There is a good Spring attached to them. These lots are well worth the attention of any gentleman willing to build a summer retreat for his family. July 23.—tf.
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—C—round the Calf—B—the pitch of ditto—D—round the heel and instep—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. epf
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 Pots, cream Urns, Tumblers, Spoons, and mourning and fancy Ear-rings, Lockets, Finger Rings and Breast Pins, jet, white and coral Necklaces and Ear-rings, a general supply of Combs, plain and ornamented Pocket Books, thread Cafes, Miniature and ring Cafes, gold and gilt Seals, Keys and Chains. Highest price given for old gold or silver. December 3. tf.
PROPOSALS for raising Two Thousand Dollars, by subscription, within the counties of King and Queen, Essex, Middlesex, King William, Westmoreland, Richmond, Lancaster, and Northumberland, for the purpose of purchasing the Mad Dog Stone, belonging to James Mico, and fixing it in a situation central to those counties. 200 Shares at 10 Dols. is 2000. So soon as the whole number of shares shall be subscribed for, the present proprietor of the stone shall advertise in the Enquirer, printed in Richmond by Thomas Ritchie, esq. requesting a meeting of the Shareholders, on a certain day, at the house of Tunhall Banks, esq. in Tappahannock, who shall, when met, pay up their respective subscriptions; thirteen of whom (or any greater number present) shall constitute a board, and proceed to make rules and regulations relative to the said Stone. Dec. 3.
THE subscribers offer for sale, their reversionary right in a new fire-proof warehouse on Maxwell's wharf in the Borough of Norfolk, described in the will of Doctor John K. Read, dec'd. as his upper warehouse. In this property, Mrs. Helen Read has a life estate.
MERIWETHER JONES, BENJAMIN F. READ. It is probable that I may leave this state ere long; in which event, Mr. Meriwether Jones will be fully authorized to act for me. BENJAMIN F. READ. November 1. tf.
DOCTOR LARUS, BEGS leave to inform the Ladies and Gentlemen of this city, and the Public generally, that he will continue, as formerly, to practice as a DENTIST. Those who may please to employ him in the line of his profession, may rely on the strictest attention by him to give satisfaction. December 12.
FOR SALE. By the subscriber next door above the Bell Tavern. TWENTY hogheads containing Molasses, 30 puncheons Northern Rum, 50 boxes Raisins, 20 barrels Tanner's Oil, 10 gr. casks Sherry Wine, 10 do. do. Malaga do. 1000wt. Sael Leather, 100 pieces brown and 50 do. white Platters; an invoice of Silk Velvet Waistcoat Patterns, a few pieces of linen, Patent Shot, Candles, 2, 3, 4, 5 to 10 cut. nails, Bilsler'd Steel, Pepper, Slices, Cotton Cards, FF. Gun Powder, Sheet Iron, Sheet Lead, half pint Tumblers, Gaging Rods, writing and wrapping Paper. HENRY HOVEY. December 17. tf.
MCCABE & WALKER, WATCH & CLOCK MAKERS, At the corner house opposite Messrs. Cauley's Store Richmond.
OFFER their services to the public. From their attention to all commands appertaining to their business, and the pains that will be bestowed in the execution of their work, they have full confidence to hope for a continuance of the favours they may receive. Great care will be taken in repairing all kinds of watches and clocks. December 3. (tf.)
OYSTER HOUSE. GEORGE WATSON, HAS commenced his former and well known occupation of furnishing OYSTERS, BEEF STEAKS, COLD SNACKS, and RELISHES, at the white House near the Union Tavern, wherein the Post-Office was lately kept. He begs leave to assure those who may favor him with their company or commands, that nothing shall be neglected on his part which promises to give satisfaction. October 15.
JOHNSON & REAT, JEWELLERS, SILVER-SMITHS & GILDERS. A few doors above the Bell-Tavern, Richmond: RETURN the public in general their thanks, for the liberal encouragement they have received, and with confidence of giving general satisfaction, they hope for a continuance of it.
They have now on hand, a handsome assortment of work, consisting of the following articles, viz:—Table, Desert and Tea Spoons; Soup, Toddy, Sauce and Mustard Ladies; Salt Shovels; Sugar Tongs; Tooth and Ear Picks; Pencil Cases; Pincushion Chains and Reams; Scllar Chains; Silver Thimbles; Tortoise Shell and Pearl-handled Penknives. Miniatures drawn and set upon the shortest notice; Mourning and Fancy Lockets; Rings ditto; Bracelets ditto; Breast Pins of various Sizes and shapes, mourning and fancy; Gold, Silver, Pearl and Conk Sleeve Buttons; Gold and Hair Watch Chains; gold Seals and Keys of different sizes and shapes; an elegant assortment of fashionable Tortoise Shell Combs, ornamented, of various sizes and shapes, just from Philadelphia; Ear-Rings of the most fashionable forms and sizes; Gold and Gold Mounted Jet Necklaces; Ladies and Gentlemen's Morocco Pocket Books; Gentlemen's Paste Knee Buckles & many other articles too tedious to enumerate—all of which they offer on the most reasonable terms.
Persons wishing to purchase by the quantity, will be allowed a reasonable credit by giving approved security in the city. Orders will be strictly attended to, and discharged with dispatch, by the subscribers. JOHNSON & REAT. N. B. The highest price given for Old Gold and Silver. Nov. 19. tf.
WILLIAM MCAY RETURNS his grateful acknowledgements to his numerous friends and customers for the liberal encouragement he has received, and informs them that the business will in future be carried on under the firm of
MCAY & COWAN WATCH & CLOCK MAKERS: Who render their services to their friends and the public in the line of their profession, and hope from unremitted attention, to merit the confidence of their customers.—Repair watches and clocks of every description. M. and C. have just received a large and fashionable assortment of jewellery, consisting of Large, fancy, mourning, plain and set Ear-rings, Gold and gold set Necklaces, A handsome assortment of ornamented Tortoise Shell Combs, Mourning, fancy, wedding, plain and plain set Finger Rings, Mourning, plain and plain set Breast Pins, Gold Miniature Settings and Chain, Mourning and plain Bracelets and Neck Clasps, Mourning and fancy Lockets, Ladies and gentlemen's gold, gilt, steel and silk Watch Chains, Gold, gilt, pebble, and glass Seals, Gold, gilt and steel Keys, Gold, silver and tortoise shell Sleeve Buttons & Studs, Silver Thimbles, Salt Spoons, Netting Needles, Tooth Picks and Shoe Clasps, with a variety of other articles. They have likewise on hand a few good Watches, all of which they offer on the most reasonable terms. N. B. Miniature Settings and Hair-Work executed in the neatest manner.
WILLIAM COWAN Returns his acknowledgements to his friends and the public for the liberal encouragement he has received since his commencement in business, and flatters himself from his present connection to merit their future confidence. N. B. Persons who have watches remaining in his hands will please call at the shop of McCay & Cowan, November 26. ep3w
BANK OF VIRGINIA. THE Stockholders are hereby Notified, that the Annual Meeting for electing Directors, will be held on Monday the 6th January.
Power of Attorney for voting by proxy for Directors: Know all men by these presents, That I do hereby appoint to be substitute and proxy, for and in name and behalf, to vote at any election of a Director or Directors of the Bank of Virginia, as fully as might or could were personally present. In witness whereof I have hereunto set hand and seal this day of in the year
Power of Attorney for receiving Dividends: Know all men by these presents, That I do hereby constitute and appoint to be lawful attorney for and in name and behalf, to receive and give receipts for all dividends now due, or which may become due on shares belonging in the capital or joint stock of the President, Directors and Company of the Bank of Virginia. In witness whereof I have set hand and seal this day of in the year Signed and delivered in presence