The enquirer (Richmond, Va.), 1809-02-24 00:00:00

PUBLISHED BY THOMAS RITCHIE, OPPOSITE THE GLOBE TAVERN, AT FIVE DOLLARS PER ANNUM, PAYABLE IN ADVANCE.
A VIEW
OF THE MOST IMPORTANT
PROCEEDINGS
OF THE LEGISLATURE OF VIRGINIA, AT
THE SESSION OF 1808-9.
(Concluded.)
Acts of a private and local nature—Continued.
 70. Concerning the representatives of John M'Ilhany.  71. To organize and establish superior courts of law in the counties of Accomac & Northampton, and for other purposes.  72. For paying the officers of the general Assembly for their services during the present session.  73. Concerning John H. Winder.  74. Imposing taxes for the support of government.  75. To amend the act entitled an act, appointing an agent to recover and receive certain money due this commonwealth in the state of Kentucky.  76. Exonerating John Neale from the damages on a judgment therein mentioned.  77. Concerning Henry Bowen.  78. Concerning the clerks of county courts.  79. For altering the days of holding certain courts in the counties of Harrison, Franklin and Berkeley.  80. Concerning the sheriff of Norfolk county.  81. Relative to the taxes of Ohio & Brooke counties.  82. Concerning the mutual assurance society against fire on buildings of the state of Virginia.  An erratum occurred in our compend of the act establishing superior courts of law. Instead of saying, that the legislature had reserved the right of taxing the fees of clerks, when they exceed one thousand dollars, it ought to have been "three hundred dollars."
ACTS OF A PUBLIC NATURE—CONTINUED.
 12. To provide for the redemption of certain lands, forfeited by the non payment of the taxes thereon.  All lands heretofore or hereafter forfeited for the non payment of taxes, under the existing laws, may be redeemed within three years, from the time when such forfeiture hath, or hereafter may accrue, and until the first day of March next succeeding the expiration of the said three years, on payment of the taxes due thereon, with ten per cent. interest per annum, from the time the same became, or shall become due, till such redemption. Provided, that all lands heretofore forfeited shall be redeemable in like manner, and on payment of the like interest, on or before the first day of March, 1810. The remainder of this act merely prescribes the duty of the auditor, collectors, and commissioners of the revenue in proceeding on the sale of lands forfeited for the non payment of taxes, after the first of March, 1811, and as the law itself, together with several others relating to the same subject, are directed to be published by the auditor, for six months successively, in some newspaper of general circulation, in each state of the Union, during the present year; and also for three months successively preceding the first Monday in August, 1811, it is deemed unnecessary to insert more of it in this place. (This act to commence from the passing.)
13. To explain the acts concerning the inspection of tobacco.
This act declares, that the inspectors shall not be allowed any compensation, by the commonwealth, for bands who have to attend the ware-houses under their care.
14. Concerning the service of warrants for small debts.
No sheriff, or deputy, shall issue any warrant issued by, and cognizable before, a single justice, for debt, detinue or trover; but such warrant shall be directed to and served by some constable, as provided by the second section of the act, "to amend the act concerning constables," passed the 10th of Jan. 1807. On the death, resignation, removal or refusal to act, of any constable assigned to a particular district, any other constable of the county may perform the duties of the office, within such district. All executions or judgments rendered by any justice, for debt, detinue or trover, shall be directed to some constable of the county, who shall levy and return the same agreeably to the provisions of the above act. (To commence the first of May next.)
15. Concerning the jurisdiction of county and corporation courts, in certain cases.
This act declares, that hereafter the monthly and quarterly courts shall have concurrent jurisdiction in receiving probate of deeds and wills, and in granting letters of administration, and letters testamentary. In all questions which may arise in any court, touching the probate of wills, or granting letters of administration heretofore at a quarterly court, it shall be deemed as sufficient as if done at a monthly court. Proof of, and recording deeds at a quarterly court, heretofore, shall be deemed as good as at a monthly court, as against the grantor, bargainor or lessor, his heirs and devisees; & as against all subsequent purchasers who shall become so after the passing of this act; or who, heretofore became so, with notice, and also as against all those claiming under such future or former purchasers with notice.
16. To amend the penal laws of this commonwealth.
If a person voluntarily, wilfully and of purpose destroy or conceal the last will and testament or codicil thereto, of any decedent, or wilfully aid or assist therein, with intent to prevent the probate thereof, or to defraud any devisee or legatee therein, he shall be deemed guilty of felony, and on conviction, be confined in the penitentiary, for not less than one, nor more than ten years.
When a presentment shall be made in a superior court, having criminal jurisdiction, of a felony committed, and the person charged would be entitled to a trial before an examining court, the judge presiding shall issue his warrant to any sheriff or constable for apprehending the person charged, and committing him to the jail of the county where the offence was committed. The jailor or shall immediately notify some justice of the peace, who shall issue his warrant for summoning an examining court as heretofore. The sheriff shall summon the witness who gave evidence when the presentment was made, (as well as any others;) and a list of their names is to be endorsed on the warrant by the judge, at the time of issuing it. (To commence from the passing.)
17. To amend the act entitled an act concerning coroners.
This act provides, that when a coroner shall take possession of the estate of a person found guilty of murder, who shall have fled, he shall render a true inventory and appraisal of the estate, and in every respect stand as an administrator. Suits depending against the coroner shall not abate by the apprehending or surrender of the fugitive, but may proceed; giving the coroner power to retain funds sufficient to discharge all judgments which may be rendered against him, in favor of a creditor. Provided, that the coroner, before he shall exercise the powers granted by this act, shall take an oath to render a true inventory of the real and personal estate of the fugitive, and enter into bond before the court, for the faithful performance of the duties hereby imposed. And the wife and children of the fugitive, if any, shall be supported out of his estate, at the discretion of the court; who are to appoint commissioners to make the allotment. In the event of the death of the fugitive, without being taken or surrendered, the power of the coroner shall cease, and he shall account to the administrator or executor, under the general law, and deliver over the whole estate to those entitled.
18. To amend an act entitled an act, to empower the executive to appoint persons to collect the arrears of taxes.
The agents appointed or hereafter to be appointed, have power to collect all arrears of taxes, due prior to the first of November 1806, including those appropriated to particular objects; and they and their agents have the same power of distress within their districts, as other collectors of public taxes.
Persons accepting the office of sub-agents, are to take an oath to discharge their duty faithfully, & also enter into bond; & they & their securities are liable to a recovery in the same summary way as deputy-sheriffs and their securities to their principals.
The auditor is to furnish the agents with transcripts from the commissioners books, of all taxes due in their districts prior to the 1st of November 1806, which shall be sufficient authority for proceeding to collect.
The agents are to take receipts for process delivered to sheriffs and collectors; and if they fail to return the process or bonds taken, or pay the money before the return day, a copy of the receipts shall be transmitted by the agent to the auditor, which shall be sufficient evidence for the auditor to obtain a judgement against such delinquent. (To commence from the passing.)
19. Further to amend the laws concerning the militia.
The clerks of courts of enquiry are hereafter to make out tickets for muster fines, in the same manner as clerks of courts, for their fees, and deliver them to the sheriffs for collection, instead of a list; the sheriffs are to return such tickets as cannot be collected; and where the delinquent has removed, the colonel commandant (if an order be made by that effect,) is to transmit the ticket to the sheriff in whose county he may reside, for collection. A list of fines thus transmitted, shall be certified by the clerk of the court of enquiry to the auditor, together with a receipt to be taken by the colonel commandant from the sheriff, which shall be good evidence to charge him therewith, and he shall be proceeded against for the same, in the same manner as now directed by law, for other fines. For neglect herein, in the commandant, when directed by the court of enquiry, he shall forfeit not exceeding fifty dollars, for every offence, to be adjudged by the court of enquiry. Clerks of courts of enquiry shall, at the two successive courts of their county, next following each regimental court of enquiry, set up at the front door of the courthouse, a list, in alphabetical order, of all the tickets returned by any sheriff as insolvent, removed or otherwise; noting opposite each man's name, the sheriff's return; for each list, the clerks of courts of enquiry, shall receive not exceeding four dollars; and for every neglect, they shall forfeit not exceeding thirty dollars, to be adjudged and collected as other militia fines. The governor, with advice of council, shall arm and equip with the public arms &c. any requisition of the militia made by the president, when called into actual service; but not until assurances shall have been received from the government of the U. States, for the return of, or reparation of all loss and injury sustained in the arms. All drummers and fiers enlisted by the commandant of any regiment, shall attend the annual training of the officers, under a penalty not exceeding five dollars. Surgeons and surgeon's mates shall attend the regimental courts of enquiry, or be fined, not exceeding ten dollars. All officers and soldiers failing to attend any call or meeting of any regiment or battalion, when required by the colonel commandant, or major, upon any requisition from the governor, major general or brigadier general, for any quota of troops, shall be subject to the same fines as for failing to attend regiment or battalion musters. (To commence from the passing.)
20. For the Government and Regulation of the Manufacture of Arms.
A superintendent, master armorer and assistant shall be elected during the present, and at each annual session of the legislature, by joint ballot of both houses. Vacancies
happening during the recess of the legislature, to be supplied by the executive, until the next meeting of the General Assembly.
The superintendent is to give bond in the penalty of fifty thousand dollars, and take an oath faithfully to perform the duties of his office; and a like oath shall be taken by the other officers. The superintendent is hereafter to receive the money necessary for carrying on the operations of the armory, and account at the end of every three months, with the Auditor, who is to keep a fair and distinct account, as detailed in the law. Every contract hereafter made by the superintendent shall be in writing, and filed with the auditor, and every voucher admitted in discount, shall be certified by the clerk of the armory, and one master armorer, stating, that the work was done, or the materials furnished for the use of the institution. The clerk of the armory is to keep such accounts, that not only the details of the monies disbursed, labour performed, and articles purchased, may be shown, but the general results, at stated periods, may be seen. No officer in the armory, shall hereafter be either directly or indirectly concerned in the profits of any labor, either in completing the buildings and machinery, or in repairing the same, or in making arms, to its or its utensils, or in furnishing any material or article necessary to carry on the operations, under pain of being removed from office, and forfeiting one hundred dollars to the commonwealth, and moreover be compelled to refund all monies received, for such labor or materials: The superintendent shall enter in a book to be kept for that purpose, all orders and directions of the executive, and which shall be delivered to him in writing, respecting the manufacturing of arms, the buildings, and every thing that concerns the same; and all regulations adopted for the government of the artificers, and others employed or concerned shall be entered in like manner.
The Senate and House of Delegates are to appoint a joint committee consisting of three members of the former, and thirteen of the latter annually to enquire into the operations of the armory, to investigate the conduct of the officers, ascertain the quality of the arms made, examine into the expenditure of the money appropriated and drawn from the treasury, the number of arms made, and the different descriptions, the number and quantity of the component parts and materials on hand, and their value, and the costs of arms. The executive shall immediately cause the number, quantities and value of the materials on hand, and component parts, and the tools and implements to be ascertained and delivered to the superintendent hereafter to be appointed, and a list thereof shall be entered in the books of the armory. All acts within the purview of this repealed, but this act shall not be construed to diminish the duties of the executive, or impair their power, any further than is provided by this act.
21. To amend the act, Concerning the distribution of Public Arms.
The executive are required to distribute the arms now in the capitol and armory, and those hereafter manufactured, by sending them to the commandants of regiments, so that there shall not remain undistributed, at any time, more than 6000 muskets, 500 rifles, and 1500 swords. Such public arms, as can be repaired at less expense than to fabricate new ones, (to be ascertained by three disinterested artists previously sworn for that purpose,) are to be repaired, by direction of the executive, by private contract or otherwise: Cannon, which may be mounted on carriages, may be distributed by the executive as the public service may require. The amount of repairs to be paid out of any money in the treasury. (To commence from the passing.)
22. Concerning the Overseers of the Poor.
The overseers of the poor shall hereafter hold their annual meeting on the first Monday in June, and may adjourn from time to time till the business is completed. (To commence from the passing.)
TAXES.
   The Taxes are the same as last year, viz: Cents.     On lands for every 100 dollars value agreeably to the equalizing law, 48   On every slave above the age of 12 years except those exempted by the courts, 44   On every stud horse or jack ass, twice the price of the season,   On all other horses, mules, mares & colts, 12   On every ordinary license $5, for every $100 of the rent to be ascertained by that paid by the tenant, and if in the occupation of the proprietor, by the commissioners of the revenue—Provided, that none shall pay less than $12.50. This tax is to be paid to the clerk of the court, and accounted for as other taxes received by him.   On every four wheeled riding carriage, except Phaetons and stage wagons, per wheel, $ 1 25   On all Phaetons & stage wagons, p. w. 84   On every other riding carriage with two wheels, per wheel, 45   On all houses & lots in a town, for every $100 of the rent, 1 50   On every merchant's license, wholesale and retail, $ 40   On licenses to sell by retail only, 15   On hawkers' and pedlars' licenses, 50   On each appeal to the court of appeals from the superior courts of chancery, or common law established in the several counties, $ 2   No taxes are to be collected on lands, lots, or houses, or other property belonging to the commonwealth, or to any county, town, college, or seminary of learning, or attached to any house or houses for divine worship. Nor shall the act be construed to prevent any farmer or planter, from selling salt, tea, sugar, molasses, coffee, spices, iron or steel  
CONGRESS.
HOUSE OF REPRESENTATIVES.
Debate on raising the Embargo, and authorizing Letters of Marque and Reprisal—Continued.
FRIDAY, JAN. 20.
Mr. Dana said, he rose at this time principally to protest in the name of the people of the state of Connecticut, against the supposition that it could be necessary for them, for a moment to vindicate their character against any insinuation of the editor of a newspaper, printed at the seat of government, however the editor might suppose it to be gratifying to those whom he wished to please. When gentlemen talk of New-England (said Mr. Dana) and of Connecticut, as comprised in it, I would observe one thing; that the people of Connecticut have confided the management of their affairs here, to their representatives in Congress; that they are not in the habit of petitioning this house. If they wish laws repealed, they do not address memorials to you on this subject; but if you believe, because they do not, that they approve the laws, you are totally ignorant of the country. Whatever may be imagined about that state's being managed in a peculiar way, you know but very little about that people. If you imagine that they are not animated by sentiments of liberty, if you imagine that the sentiment of liberty is not one of the most inextinguishable, or that their attachment to republican principles is not of the strongest cast. Their love of liberty is characterized by a high and sacred regard to order. The liberty which they wish is a rational liberty, one in which wisdom and justice reign supreme, which secures to every man his right and protects every man against aggression. As to the idea of a rebellion in the northern portion of the union, I say that no such thing exists. I have heard it spoken of as if there did. It is strange that gentlemen can hesitate one moment if they believe that rebellion exists. If it does, let not one day pass over before you array your battalions and order them forward. If you will not do this, you are bound not to consider any agitation as rebellion. If it be rebellion you do not do your duty, if you do not suppress it. You are compelled to decide whether you will denominate it rebellion or dissatisfaction. If it be rebellion, crush it. If it be only an expression of dissatisfaction at your measures, respect it. Gentlemen speak very freely of that country; they cannot touch it too lightly, especially when they speak of the bayonet, as applied to it.
Sir, Gentlemen must beware how they touch on this topic, especially when it is viewed as arraying one great portion of the union against another, especially when you load with terms of opprobrium, a large portion of the union, when it is represented as being the hot bed of faction, as the nursery of tyranny, as the residence of "British agents and persons corrupted with British gold." When gentlemen talk on this subject, let them recollect one thing. The inhabitants of that part of the country are not ignorant of their own strength; and no threat of vengeance will make them obey you for a moment. It is a moral force and that only which controls them. Of one thing, sir, gentlemen cannot be ignorant, neither are we. The physical strength of the different portions of the union, is not according to the ratio of representation on the floor of this House. When, therefore, gentlemen, talk of engaging the authority of the government, let them appeal to sentiments more worthy, more honorable; when we talk of our acts, let us recollect that a power superior to ourselves has set limits to your authority, and said, that "thus far shall you go, and no farther." [Mr. Eppes asked to whom the gentleman particularly referred in the observations which he made.]—Mr. Dana said, he did not recollect particularly but he was remarking on the general current observations, which had been made in the House for two or three months past. He could only say, that though he felt the observations at the time, he had not particularly noted by whom they were made, and they had left only a general impression. And there is one other thing (said he) which I have felt very strongly—the habit or example of denouncing, of covering with terms of opprobrium a portion of the people of the United States, who may not approve all the measures of the government. I have felt these things, because they are grossly misconstrued as an encouragement to that ferocious yell of denunciation, to that savage war-whoop of vengeance which is excited out of this House in certain portions of the union. It is of the utmost moment that that spirit should be repressed in various parts of the country. It is in the moment of peril instead of arraying on this floor the petty passions of party, we were to combine to suppress it, we should more consult the interest of our country.
A committee appointed to consider our foreign relations, has presented us three alternatives—submission—embargo or a war with G. Britain & with France. They conceive it to be necessary to take one of these. For myself, sir, I declare that I do not wish to take either. As to war with Great Britain and France, I should wish to delay till I could understand how it was to be made. As to disagreeing to war with two nations at war with each other, I should like first to make some enquiry on the subject. I wish to know if any gentleman of military talents has drawn up any system of fighting three armies together. One against two on the same side, is now a thing, sir; but three against each other is a perfect novelty. I really do not know how they should draw up their troops in order of battle, supposing three armies to meet. They could not be drawn up in parallel lines, for each army must be opposed to two others. It is a sort of prismatic or triangular thing; for I cannot take three lines and form a square of them, or any other regular body. How would they form a line of reserve? The
only way that I could think of arranging an army on this principle, was to draw up the three armies in a triangular form, the angles at 120 degrees, the whole making 360 degrees, or a whole circle; but in this case you must keep them there, not let them move, or you destroy the principle. This is a new thing which I wish to have explained. It is not the old fashioned way of fighting at all, war. When we go to sea, how will we system stand? Three frigates, British, French and American, all at war with each other, meet. Now if any two of them were on the same side I could understand it; but I cannot understand this. I have read an account of an English ship of the line going out and running between two enemies ships of the line in the night, and a heavy fire commencing on each side, backing with considerable address and leaving them to fire on each other. But really, sir, I cannot imagine how ships of three belligerents are to go to work. They cannot lay along side, forward, or aft, and yet I do not mean to deny that this thing cannot be done. For myself I have no suspicion that any man who has nautical skill enough to command a frigate, or any man who can give the order of battle for a brigade, could think of engaging at the same time with two enemies. If on this principle you go to war, therefore, you must trust two commands to persons totally unworthy of command.
Mr. Eppes—I am glad that the gentleman from Connecticut has exhausted, in debate, the feelings with which he commenced—that he had concluded his remarks in perfect good humor, I have no doubt. His dissertation on triangles, although ingenious enough, does not appear to me entirely new. The gentleman might add much to his stock of information on the use of the triangle, by perusing a luminous pamphlet, recently printed on this subject, called the "Trial of Alexander Whistler." It is a book containing much curious learning, and I am certain the gentleman from Connecticut will receive amusement and instruction from the perusal. I regret extremely some of the observations which have fallen from the gentleman, and am happy that he did not intend to apply any part of them to me—I disclaim having ever reflected on the people of any part of the United States. When on a former day in debate, I declared that the tory principle had assumed, in this country, an official form, I referred to a sentiment which I read from the Essex resolutions, containing, what I at that time considered, and still consider, a tory principle.
We are told that we are now about to abandon the embargo and make a new experiment. What is the new experiment?—Letters of marque and reprisal. The trial of force after every other remedy has failed, is not a new experiment. It always has been and ever will be the last resort to contests between nations. When every other mode of adjusting a difference has failed, there is nothing left but to give up the contest or fight. Sir, from the period at which the U. States, under the auspices of the federal government, assumed its rank among the independent nations of the earth, we have been the object of suspicion and jealousy to the present great belligerent nations of Europe. Attached to peace and anxious to preserve it, all our efforts have been directed to this object. Our habits are not warlike. The glory of conquest and the splendor of conquest are spectacles unknown to this happy country. The sympathy excited in this country towards France by the American revolution first roused the jealousy of G. Britain. To this jealous feeling we may attribute many of the wrongs inflicted on us by Great Britain, from the year 1783 to the year 1795, when our differences were adjusted by treaty. The conclusion of this treaty roused the jealousy of France. The sympathy produced by the American revolution had been weakened by time, and was totally lost during the sanguinary period of the French revolution. From the conclusion of the treaty with Great Britain, our peace with France was in danger. Various acts of injustice and violence on the part of that government, brought us almost into a state of actual war. Our differences were adjusted by treaty; but the suspicion and jealousy of both these powers remain. To owe many of our present difficulties. The demon of jealousy alone could induce either of those powers to believe that this nation is disposed to attach its destinies either to France or Great Britain. Nothing will satisfy Great Britain but involving us in her contest with France; nothing will satisfy France but involving us in her contest with Great Britain. Every thing short of this is represented by each as partiality towards her enemy. Each power on the pretext of our being partial to the other, has offered effectual resistance or surrender our independence. Shall we fold our arms and sit down content under all the wrongs that we have received? Or shall we try our strength? It is no longer a political delusion. We are about to remove the embargo. This precautionary measure is to be abandoned; our vessels are no longer to be chained to the docks; they are to be employed on the ocean, and American seamen will find active employment in avenging the wrongs and vindicating the rights of their country. In this important object I had hoped we should all unite. It seems, however, that this new experiment of fighting is considered rather worse than the embargo. I have been astonished to hear gentlemen get up and speak on the old worn out subject of the embargo. They tell us that the people must find their way to the ocean; that they go on it without arms? Take letters of marque—fight your way—No, this is war, it will prevent their going on the ocean at all. It will wholly destroy commerce. Nothing but resistance to Great Britain and France, (said Mr. E.) effectual resistance, can ever restore commerce. It is gone, and with it agriculture, if these decrees and orders are not opposed by all the energies of the nation.
What is our present situation? It is not my intention (said Mr. E.) to occupy the time of the House in reading documents; from these documents I consider as established, beyond a possibility of denial, the following positions:

1. That Great Britain has violated our territory—murdered our citizens—committed enormous depredations on our commerce—impressed our seamen—excluded from market seventy millions of dollars of our exports—and subjected to tribute to the following amount, the great staples of our country—viz: tobacco 3 dollars per 100 lb.—cotton 15 cents per lb.—corn 16 cents per bushel—flour two dollars per bbl.—fish 90 cents per 100 lb.—pork 6 dollars 86 cents per barrel—beef 3 dollars 33 cents per barrel.
2. That France has violated her treaty—committed enormous depredations on our commerce—burnt our vessels on the high seas—subjected them to capture for causes over which we have no control, and subjected to capture our commerce with Great Britain, its islands and dependencies, amounting to 23 millions of dollars.
3. That both these powers have attempted to mark out the course which the United States ought to pursue towards its enemy; and under the pretext of retaliating on us, for supposed submission, have carried their injustice and violence so far as to leave to the U. States no commerce which can be pursued with safety or honor.
4. That negotiation has been tried with both these powers in every possible form, & has failed.
Will any gentleman come forward and deny any one of these positions? He cannot. Documents on the table demonstrate their truth. These injuries cannot be submitted to. They must, must be resisted. The last appeal to the justice of these nations has been made. Whenever the embargo is removed, we must fight. Whether we fight on the triangle, the square, or the form called rough, roll and tumble, I care not—fight we must, unless we are destitute of principle and of courage.
I will not submit, without a struggle, to the unjust pretensions of either of these powers. The causes which produced the American revolution were trifling, compared with the present monstrous pretensions of the belligerents.
Will the people who spurned a paltry tax on tea, when united under the same government with Great Britain, submit to a tax on the most valuable staples of their country, and hold the right to carry them to market at the will of a foreign power? It is impossible; our ancestors gave up a country affording every thing to gratify avarice and pride. They placed themselves under the goddess of liberty, in a forest filled with howling savages and destitute of the comforts of life. Shall we, the descendants of that people, shrink from maintaining our independence? Shall we, to avoid the evil of war, take the greatest of all evils, a base submission to foreign power?
We are told that the alien and sedition laws, which called forth all the energies of Virginia; were mere smoke compared with the embargo. They were bitter pills, never to be swallowed; they were clear, open and manifest violations of the constitution, and the reasoning of the committee of the Virginia Legislature, against these laws, remains unanswered to this day. Whenever the people of Massachusetts, or any other state, shall come forward and shew me that a law is unconstitutional, and in the same form and constitutional form, and that I have violated their rights, I am willing to retrace my steps. But when they tell me that they cannot live but by a base submission to a foreign power, I will say to them, "starve." Whenever the people of this country cannot live without crouching to a foreign power, let them starve. I cannot consent to surrender as a dessert or for a whole dinner the rights of this country.
We are told we cannot maintain our rights; that we must grow before we fight. We cannot grow under base submission to foreign despotism. Look at the history of the world, and see whether any nation has grown up under oppression. Its tyranny which produces ill-formed and rickety children, and not an adherence to the rights of men. But the gentleman from New-York has told us, that this attempt to assert the rights of the nation by war, is worse than insult! I have shown you, sir, that the people are excluded from the ocean by the decrees of G. Britain and France, and if we raise the embargo, war must be the consequence. Why, sir, if we take off from the list of places to which we usually trade, those places affected by the decrees and orders, we have, as has been repeatedly shown, but a commerce of seven millions and a half. Will you take this? If you do and prohibit intercourse affected by the decrees, it is submission.
Take the second project which has been offered, viz. to arm our merchant vessels, and allow them to trade. If our differences were with France alone, this would be an effectual and honorable provision. We could force a trade against France. Our situation would permit it. But will any gentleman say that we can carry tobacco, or rice, or cotton, or fish to market on the continent of Europe, and protect it with cannon against G. Britain? No, sir, arming the merchant vessels will give only a commerce with G. Britain. It is consigning to individuals the destinies of the nation—issuing letters of marque and reprisal is a fair, manly and open resistance on the part of the nation. It will afford to our citizens a chance to get back some of the property of which they have been plundered. It will give neither power a monopoly of our commerce. We can assail both belligerents and fight them both at triangles, squares or oblongs, or in every possible form in which we can meet with them. If our arms can be employed with effect on water, our vessels must not be encumbered with cargo—letters of marque and reprisal will be effectual resistance to both these powers—arming our merchant vessels is not resistance in the present state of the world. It can be followed only with disgrace to the nation and ruin to the individual. It will give to Great Britain the exclusive monopoly of our commerce and destroy the value of all the great staples of our country. Having already stated to the House once to-day the reasons why I think that the embargo should not be continued beyond the first day of June, I shall trespass no longer on your attention.
(Debate to be continued.)
WANTED the hire, for the present year, a woman who can do plain COOKING, & a Girl that has been accustomed to wait in Line House. Apply at this office.
February 24. St
REICHMOND TURNPIKE COMPANY.—At a meeting of the Directors of the said Company, on Saturday evening, the 18th February 1807.
Resolved, That the Shares of all delinquent Stockholders, to the said Company, be sold, at the Lock-Tavern, in the city of Richmond, on the 25th of next month.
N. SHEPPARD, Secretary.
February 24. epm
EUROPE.
NEW-YORK, February 16. LATE AND IMPORTANT FOREIGN NEWS.
By the British brig Matilda, which arrived at this port last evening in 18 days from St. Johns, Antigua, the Editor of the Mercantile Advertiser has received London papers to the 15th of December inclusive, (ten days later than our former dates) and the Antigua Journal of the 24th of January, containing news from Lisbon of the 10th of December, from which we have made the following important extracts.
We learn verbally by a passenger in the brig Matilda from Antigua, that on the 26th of January a dispatch was received from Admiral Cochrane, stating that Sir John Moore with an army of 36,000 men, had attacked the French army in the environs of Madrid and completely routed them, with great slaughter on both sides. The English lost 4,000 killed.
It is further stated, that a French 50 gun ship with 500 troops and 1700 barrels of flour, was captured after a severe engagement, going into Guadalupe, by the British frigates Jason and Cleopatra.
The London papers have contradictory reports about Bonaparte; one day he is said to be at Paris, and the next at Madrid.
Basseterre, St. Christopher, Jan. 17. A few hours previous to this paper going to press, we were politely favored by the following communication from a gentleman:—
"The Ring Dove sloop of war, arrived at Barbadoes on the 11th inst. from Lisbon, which port she left on the 10th Dec. and brings the melancholy account of the French army having entered Madrid early in Dec. after completely vanquishing the Spanish army under Gens. Blake and Palafox, and that Sir John Moore was within a day's march with 36,000 British troops."
A French line of battle ship and two frigates, left France on the 28th Nov. with supplies and troops for Martinique. Sir A. Cochrane has also positive information of 5 French ships having left France, with troops and supplies, which the admiral is daily expecting to meet off Martinique.
"The Portuguese with 2000 men, have taken possession of Cayenne, and by a sehr which arrived express from Halifax, we learn that the Non Intercourse Bill has been passed in America."
We also extract the following paragraph from a Barbadoes paper of the 10th inst. "The Chub schr. Lieut. Crook express from Halifax, with dispatches for Sir George Prevost, arrived here this day at noon. As far as we have been able to learn, they are of the utmost importance respecting the aspect of affairs in America, and were sent off so precipitately, that the Chub, in order to proceed with as little delay as possible, cut her cable upon being ordered to sea with them."
The troops from Halifax under Sir George Prevost, have received orders to prepare to proceed to Bermuda, where they are to winter, and from thence return to Halifax. And it is said that some of the troops had actually embarked when the last accounts were received from Barbadoes.
Saint Johns, (Antigua,) Jan. 24. During the last week, melancholy accounts of the affairs in Spain have reached us from various quarters. The sum of these is, that Bonaparte after having annihilated the army of Castanos and vanquished Blake and others of the Spanish leaders, had marched to Madrid, drenching his footsteps in the blood of the Patriots and desolating the whole country around. The only printed account which we have seen, will be found above, extracted from the St. Christopher Advertiser of the 17th inst. which was politely handed to us yesterday.
However, by the arrival of the ship City of Edinburgh, Capt. W. Cook, on Wednesday last at Falmouth, we have received accounts varying considerably from the foregoing. This vessel sailed from the Motherbank in company with the rest of our outward bound fleet on the 15th of Dec. but parted in a gale two days afterwards. Now there is every probability that at the period of captain C's departure, the event of battles, which from the report of the Ring Dove, could not have been fought later than the end of Nov. or first days of December, must have been known in England. Indeed, capt. C affirms, that these actions were known to have taken place, but attaches very different results to them. The conflict between Castanos and the French is represented to have been obstinate and sanguinary beyond description, and at the conclusion stood so nearly equal, that the victory could be ascribed to neither party; the Spaniards however, perhaps from partiality, were supposed to have gained some small advantage. General Blake, it was acknowledged, had been so roughly handled in two or three encounters, as to be under the necessity of retreating; this, however, he had performed in the best order.
Since writing the above, our minds have been still further relieved from gloomy apprehension. H. M. ship Circe, capt. Collier, arrived last night from off Martinique, and brings the intelligence that admiral Cochrane had received an express, (we suppose from some part of Spain or Portugal) informing him that a part of the French army eluding the vigilance of the Spaniards, had by a circuitous route, taken possession of Madrid. The Spanish troops had not suffered the defeats reported; the conflicts in which they had been engaged, had not terminated in such a manner as to depress their courage, but they still remained resolute and hearty in the cause, and sanguine in the expectation of establishing their independence.
In this manoeuvre of Bonaparte, we mean dispatching a division of his troops into the rear of his enemy, we may trace something of the plan which he practised at Jena, with a most unparalled success. It will be remembered, that upon the occasion alluded to, General Davoust was detached at the head of a strong body, with orders to take a compass and post himself about 20 miles in the rear of the left wing of the Prussian army. These orders were no sooner executed than Bonaparte made his attack. The Prussians were defeated and the fugitives, from the centre and left wing either destroyed or so entirely dispersed, that any attempt afterwards to re-assemble them must have proved altogether fruitless. It may be objected, that there is a vast difference between 20 miles and the distance of Madrid from the scene of action, and that these troops must be too far removed to cooperate with the main army. But may not Bonaparte intend, that when his arrange-
ments for a general engagement are complete, this corps should retrace their steps and take a position in rear of the Patriots? We know that upon all former occasions, he has been careful to take such previous measures, as, should the advantage fall to him in the first instance, to ensure the most absolute success. Victory has no brilliancy in his eyes, unless it be complete. He aims not to overthrow, but to annihilate his enemy. But, in the present glorious struggle, we ardently wish, and we trust, that a similar event will not attend his stratagems. It is believed, he has men of caution to deal with. The Patriotic Generals, among other excellent qualifications, have shown great circumspection, and we hope this virtue will not abandon them in the important crisis.
On Friday last, another of our London fleet, the Sally, capt. Knobley, arrived at Falmouth. With regard to the remainder of this convoy, a most alarming report has reached us from St. Bartholomew's, that they had been burnt at sea by a squadron of French frigates; but the quarter from whence it is received, stamps it in our opinion, apocryphal.
The second November and first December Packets have arrived at Barbadoes, and the former may be hourly expected here with both Mails.
We understand, that another French brig has escaped into Fort Royal harbor, Martinique.
Captain Collier, in the Circe, has had a brush with a masked battery at St. Pierres, into the road of which place he had been ordered. The battery opened upon the Circe and in self defence, the fire was returned, by which the enemy was shortly silenced, & part of their Church and some other buildings destroyed—Captain Collier, and two or three of his crew are slightly wounded.—The Circe was so close in shore, that the Frenchmen fired upon her with musquetry.
BRIDGETOWN, Barbadoes, Jan. 17. His majesty's sloop Forester, from off Martinique, arrived here last night with the re-captured Brig Betsey from Jersey, last from Madeira, bound to Tobago and St. Bartholomew's; taken on the 4th inst. to windward of this Island, by the French privateer schooner Renommee, but recaptured on the following day close in shore off Bay Robert, Martinique, by the Forester and Acasta in company. The Renommee has also taken a Cutter from Cork bound to Grenada, sent her into Martinique.
The boats of his majesty's brig Morne Fortune have recently captured, close under Morne Boeuf, Martinique, a fine French Cutter, called the Frederick, of 163 tons, from Havre bound to St. Pierre, with a valuable cargo of wine, oil, flour, beef and dry goods.
From London papers.
LONDON, Dec. 10. A Cabinet Council was held yesterday, and did not break up till 7 in the evening; after which Mr. Hunter, the Messenger, was ordered to proceed to Spain with dispatches. It is said, the subject was the situation of the British army. It is stated, the British forces are to be stationed in Portugal. Transports have been ordered to Corunna and Vigo.
The American ship Margaret and cargo, has been condemned at Copenhagen, & sold for the benefit of the Captors.
A Sunday paper says, some ministerial changes are spoken of. The Duke of Portland, Mr. Canning, and Mr. Mulgrave, it is said, are to retire. Lord Chatham, it is added, is to be removed to the Treasury, and Lord Melville has been offered a seat in the Cabinet.
Mr. Shaw, the Messenger, left London the 10th of December, with Dispatches for Paris.
Accounts from Sweden were unfavorable; since the rupture of the Armistice, the Russians pushed forward with such an overwhelming superiority of Force, that all the gallant efforts of the Swedes have been fruitless.
Dutch Letters received in England state, on the authority of accounts from Paris, that the answer of the British Government to the overtures from France and Russia was very detailed, and very favorable, and that at Paris, it was generally supposed, a peace would shortly be concluded. A London paper says "we cannot agree with the Parisian quidnunc, as to the probable result of the Negotiation."
Austria still continues her Military preparations.
A Russian Ukase, notifies to the Merchants of St. Petersburg, that after the first of January 1809, no ships shall be suffered to enter or clear, from the Russian Port.
Private Letters from Holland state, that Bonaparte has ordered a relaxation to take place in the regulations enjoined by his Milan Decree, respecting Neutrals.—By the Decree alluded to, it was ordered that all Neutrals which had touched at a British Port, or submitted to be searched by a British cruiser should be confiscated on entering a French Port, or condemned as legal prizes if captured by a French armed vessel. It is now ordered, that Neutrals shall be admitted into French Ports, though they have been searched by a British Cruiser, provided they have not touched at a British Port. Bonaparte by relaxing in the Milan Decree probably expects that the American Government will be induced to remove the Embargo so far at least as regards vessels bound to France.
Nothing but uncertainty prevails with regard to Spain. We have received no intelligence of the least importance since our last; and the public is obliged to rest upon the imperfect intelligence which we received on Friday. The vague, but very positive statement of the defeat of Castanos, and the intended retreat of the British forces from Astorga & Salamanca is all therefore we have, on which to found our speculations and conjectures.
It is matter of no little anxiety, that we have so little information respecting the ultimate intentions of our own army. We remain in opinion, that the resolution has been taken of embarking our troops with all possible expedition. On the 14th of Nov. Bonaparte reviewed his troops at Burgos.
PORTSMOUTH, Dec. 9. Several ships are ordered to Spain, to protect our transports, in bringing off our troops.
DOVER, December 11. Yesterday the Foreign Messengers arrived here—They were accompanied by a William Doyt and Family. They embarked about 3 o'clock for Calais—Mr. Shaw, the Messenger, sailed this morning, in one of our small cutters.
WEST-INDIES.
ST. PIERRE'S, MARTINIQUE, 22th December. The brig of his Majesty Le Cygne, commanded by Monsieur Dufresne, Lieutenant De Vaisseau, left Cherbourg the 10th of Nov. last, with a cargo of provisions for this colony, and entered Au Ceres the 12th of this month.
The same day, the enemy, to the number of 2 frigates, a sloop of war and several brigs, made an attempt to take a schooner, arrived the evening before from Nantes, which was anchored under the battery Le Precheur, where the Garrison was assembled, and where a detachment of the Garrison of St. Pierre's was immediately sent. This attack continued for more than two hours, within half cannon shot, when at last the enemy appearing to have been roughly treated & one of the frigates having received many balls, and having been covered with grape-shot, the division put away before the wind and made sail for Le Ceres, where it directed all its efforts against Le Cygne, and finished by being repulsed with a considerable loss.
Our readers will read with the interest it merits, the extract of the report of Mr. Dufresne. "At 4 o'clock two English frigates, 3 brigs and seven pinnaces, having approached within cannon shot of the land batteries, I opened my fire upon them; it was lively and well supported. The frigates, after giving me their broadsides, dispatched three pinnaces filled with men, to board me, my grape-shot sunk them before they could reach me; witnessing this loss, a frigate, ranging along the Pearl Reef, ran her bowsprit forward of my foremost, without doubt, with an intention of boarding me; I immediately ordered my battery to be charged with grape-shot, and at half pistol shot, swept off the whole of her men on the fore castle, she immediately veered round and fired a few shot; in the mean time the brigs did not cease to cannonade me, and dispatched four boats which approached along side—she shot from my tops and the fire of my artillery, destroyed them immediately; all those who mounted my side were destroyed, except seventeen, which I made prisoners; every officer was killed. This division, after having lost in the different boats which they had sent out, and of which none returned, at least 200 men, made sail before the wind, and gave to the brave crew of the Cygne, time to prepare for new combats. This action, during which the cry of vive l'empereur was repeated a thousand times, ended at 6 o'clock in the evening. the evening. I had but five men wounded and not a single man killed, five shot went through my upper works, and my rigging suffered greatly. I will not undertake to make an eulogium on my officers and men, their success speaks sufficiently in their favor. I owe much to the batteries of the coast; they covered me well."
We should be happy if such complete success had had a more fortunate end. We are sorry to have to announce, that the day after this brilliant action, Le Cygne, after a night passed in waiting, having found a favorable moment for proceeding to St. Pierre's, furnished with a coasting pilot, weighed anchor and got under weigh in spite of a number of enemy's vessels, which attempted to cut her off the land; a detachment of the 8th regiment marched opposite to Le Cygne, and every one was at his post in the batteries on the coast; already had she cleared the greatest obstacles, the fire of her batteries held at a respectful distance the enemy's brigs, and every thing promised a happy arrival, when the pilot, who at the first cannon being fired, lost all presence of mind, not knowing how to direct the vessel, ran her on the rocks of Lagareme, about a league and a half from St. Pierre's and out of reach of the batteries on this part of the coast.
We will not undertake to paint the efforts and the regrets of Mr. Dufresne, his officers and crew; we will confine ourselves to saying, that all that was possible to be done to relieve the vessel was done, in spite of the fire of a frigate, a large sloop of war and four brigs, which came to fire on her in nearly pistol shot, in such a manner that the road to Le Precheur and the habitation of Mr. Labatut, below which the brig was wrecked, were covered with balls and grape-shot, and it was only after having the magazine filled with water and the masts cut away, that this brave officer at last resolved to land his wounded, his crew and his officers; and it was only after every one had landed, and having in vain endeavored to set his vessel on fire, that he took leave of her. We have hopes, however, of saving her cargo, and at the moment of writing this we are informed, that the greatest part of the flour has been landed, and we are in hopes of saving some more.
We cannot give a more just idea of the sensation produced by the brave defence of Le Cygne, and the public spirit which re-gns in the colony, than by inserting here the letter of the commissaries of St. Pierre to Mr. Dufresne, and the in-adding that a sword is to be presented to this intrepid commander, in the name of the city, in the neighborhood of which he found the theatre of his glory.
"ST. PIERRE'S, MARTINIQUE, December 15. 1808. Sir,"
"The commerce and the individuals of this city, of which we esteem ourselves happy to be the organs, want expressions to paint to you the sentiments of admiration which they are penetrated with, by the noble and courageous defence which you made against six enemy's vessels which attacked you at Anse Le Ceres. They see in you, sir, in your brave officers and men, your companions in arms, so many men worthy of the name of Frenchmen, and of the hero who governs so gloriously the empire. Having learnt with sensibility, the loss which your crew has suffered of part of their effects, we are charged to offer you a sum to relieve them; and we pray you to consider less its value than the sentiment which led to its presentation. We seize with impressment, this occasion to present you our individual sentiments, as the homage due to your bravery, and of the sincere esteem with which we have the honor to be, sir, yours, &c."
THE COMMISSARIES OF COMMERCE.
While Le Cygne defended with honor, the flag of his Majesty at Ceron, Le Papillon, another Imperial brig sustained it with glory on the coasts of Trinity, where she has entered in presence of a ship of the line, and of an English brig, after a battle of three quarters of an hour with the latter, of which the following is the relation:—
Extract from the report of Captain De la Generiere, commanding the brig of his Majesty, Le Papillon, in the road of Trinity, in Martinique, 14th Dec 1808.
The 12th at noon, being about 25 or 30 leagues from Dominica, I fell in with a five and a brig, which gave me chase; at 7 o'clock I hauled up a wind; not seeing any more of these vessels, I changed my course, but at 10 o'clock, the frigate not having lost sight of me, I found was very near to me, I was then going large, steering W. N. W. I immediately hauled my wind and stood to the southward. The frigate fired many shot at me, and her brig came up with her; they gained on me sensibly; I determined then to throw my spare spars overboard, except a spare top mast, a yard and a few smaller ones, I also threw overboard my bulk-heads, hen coops and other effects; the brig thus lightened, acquired a considerable superiority of sailing, and we lost sight of this division; at day break seeing nothing more, and finding myself under Martinique and opposite to the port of Trinity, I decided to shape my course for that port; scarcely had I got on this course, when I was chased by a ship of the line, which was coming down before the wind, and a brig which made sail under the land. I prepared for battle, and determined to engage the brig if she approached sufficiently
near; she came within short gun shot of me, and we engaged under all sail for about three quarters of an hour. He did no damage, except putting one shot in my main-top-mast, another in my larboard quarter and my rigging and sails much injured. In these circumstances I have been extremely well satisfied with the zeal and ardor of my officers, and the bravery and coolness of my men. At half past 11, at the moment the ship of the line was preparing to attack me, I passed her, and anchored in the port at noon.
(Signed) DEL. GENERIERE.
To these details we have still the satisfaction to add the arrival of the frigate of his majesty, L'Amphitrite (which left France the same day with the Papillon and Cygne,) commanded by Mr. Trobriand, Captain de frigate, which by means of a manoeuvre, as able as dar, has succeeded in entering at Port de France, on the 10th of this month, in sight of and in spite of two enemies frigates and one brig, which he engaged, and which were soon obliged to bear away to the great regret of the garrison of the forts where our cannoniers waited with impatience the instant they should put themselves in reach of their guns, and should give them the satisfaction to take an active part in the brilliant affair of which they were obliged to remain simple spectators. It was remarked that the guns of the Amphitrite, were served with a celerity at least double to those of the enemy, who must have lost many men. The brig, particularly, appeared to have suffered greatly, and at one time she was on fire. On our side, we met with no loss, we had not even one man wounded.
The arrival of this beautiful frigate, accomplishes in a manner very glorious, the object of the little expedition which was made for us at Cherbourg, in bringing to us supplies of all kinds, and has furnished us with a new proof of the interest we inspire in the metropolis and still more of the paternal solicitude of our august sovereign.
BOSTON, Feb. 8. OF MARTINIQUE.
A vessel has arrived in New London, from Astoria, in 30 days. A gentleman passenger informs, that he left Martinique, on the 4th of December; when there were thirty sail of English vessels off the island, preparing to attack—That while at Antigua (Jan. 4,) he learned, that Gen. Prevost, with the expedition from Halifax, (4000) had arrived at St. Lucie, [a small distance to windward of Martinique]—and that the 7th Jan. was said to be fixed on for the general attack of the island.—The French have not a very large force in Martinique—The whole, including militia, do not amount to 8000—The fortifications are however, strong; and if a spirited resistance is made, the island will not be captured without the effusion of much blood.
The scarcity of White Oak Staves in the island of Jamaica has induced its inhabitants to find a substitute in the Maho wood, which answers very well, except that it impregnates the liquor with a disagreeable taste.
The Santa Maria, however, is found to answer every purpose, and can be furnished at 11L. 15s per thousand.
DOMESTIC.
LEGISLATURE OF MASSACHUSETTS. IN SENATE,
February 9.
Mr. Dana moved to postpone the consideration of the resolutions on the petitions against the Embargo till Wednesday next, for the purpose of introducing a motion which he read in his place in the words following, viz.
"Whereas by the Constitution of this Commonwealth it is provided, that each branch of the Legislature, as well as the Governor and Council, shall have authority to require the opinions of the Justices of the Supreme Judicial Court, upon important questions of law, and upon solemn occasions:
"And whereas a Report of a Committee of both houses of the Legislature was, on the day of February last, made to the Hon. Senate for their consideration and acceptance, which in the view of this Senate does present a solemn occasion:
"Therefore, ordered, that the Honorable Justices of the Supreme Judicial Court of this Commonwealth be, and they hereby are required to prepare and deliver their opinions to the Hon. Senate upon the following question:
"Whether the said Senate have a right in virtue of the powers delegated to them by the Constitution of this Commonwealth, to resolve or declare, that the act of the Congress of the United States, passed on the 22nd day of January, in the present year, for enforcing the act laying an Embargo, and the several acts supplemental thereto, are unjust, oppressive and unconstitutional, and not legally binding on the citizens of this State."
The yeas and nays being called, were—yeas 18—nays 19.
GOVERNMENT—LOOK OUT!
The brig Stephen, the property of a respectable merchant house in this city, cleared out with a valuable freight for New Orleans in November last, having regularly complied with the formalities of the Embargo laws. Within a short distance of the mouth of the Mississippi was boarded by an English ship of war, captured and ordered for a British port for adjudication. After having remained several days in the possession of the prize master, a part of the original crew with the assistance of some passengers who had remained on board rose upon the captors, retook the vessel, and in the conflict killed two of the Englishmen.
The Stephen is a coasting trader, and her cargo consisted chiefly in dry goods. The above is given on the authority of respectable merchants in this city.—N. T. Pub. Adv.
TAKE NOTICE.—The Subscriber respectfully informs the public, that he has commenced the CLOCK-MAKING business near Prince-Edward court house, where may be had CLOCKS of different descriptions; which he will warrant to perform to the satisfaction of the purchaser. Also, he intends carrying on the business of making and repairing the Piano Forte—Organs, both finger and barrel, of every description, made to order.
The subscriber from his experience in the above branches, flatters himself he shall be able to give entire satisfaction to those who favor him with their custom. Any of the above instruments he pledges himself will be faithfully made—and equal in point of melody, elegance and durability to any European manufactures.
The patronage of the patriotic who wishes to encourage home manufactures, is solicited.
ASA HOPKINS.
February 24. N. B. Cabinet Work, of every description, made on short notice.
THE Subscriber will practice the LAW, in the Superior and Inferior Courts of Henrico and Goochland, in the Hastings Court for the city of Richmond, and in the Superior Court of the county of Chesterfield.
February 24. Wm. HAY, Jr.
TO be rented, a large and commodious TENEMENT, adjoining the house in which Mr. Thomas Wilson resides, on Shockoe-Hill. For terms enquire of Wm. MUNFORD.
February 24.

STRITURES ON MR. GORE'S REPORT.
In the Legislature of Massachusetts.
No. I.
THIS REPORT comes forth to the world under no common character. The time, the place and the purposes of its production have imparted to it a degree of curiosity & interest, to which its intrinsic merit would never have laid claim.
Must not this work be considered as the Creed and text-book of Federal politicians? From what body of men does it emanate?—From the Federalists of Massachusetts—from that Essex Junto, who, since the decease of Alexander Hamilton, have given the law and impulse to the Federalists of the other states. And from whose brain does it spring? From that of no humble individual in the ranks of the Essex Junto—It is from that of Christopher Gore, who is the lineal heir to the Tory propensities of his father—he, who was a commissioner under the British treaty for settling American claims, stationed in the metropolis of that Empire, by whose genial corruption and intrigue, all the secret biases of his soul were quickened into life—he, who in 1808 obtained 39,643 federal votes for the chair of Massachusetts—& who has just been hailed as the chosen candidate of the same party, for the same appointment. Proceeding from such a Corps of men, from such a hero, and ushered into light at such a time, this document must claim an unusual degree of importance. It can be considered in no other light than as speaking the sentiments of the federal party—as breathing the very soul and essence of their views. Under this point of view, the paper before us must claim an unusual attention. It shall receive it. It is the purpose of these strictures to shew, that the facts, which this production utters, are just as false, and its arguments just as futile, as its avowed objects would be disgraceful and ruinous to our country.
The avowed objects of this production impart their hue and character to the whole piece. Christopher Gore is certainly no mean logician. The premises which he uses are most strictly and logically adapted to his conclusions. The grand purport of this paper is to produce a war with France—to persuade Congress to “unfurl the REPUBLICAN BANNER against the IMPERIAL STANDARD.” A concurrent and connected plan, is to strike up a treaty of alliance with Great Britain—or perhaps what is just as pleasing to Timothy Pickering, to bind us once more as degraded colonies, to the throne of his imperial Britannic majesty. The arguments employed are exactly adapted to these purposes. All the encroachments of Britain are carefully kept out of view—while the aggressions of France are paraded forth in the most horrible and glaring caricature. While France is held forth as a monster of the most hideous mien and savage disposition, Great Britain is almost represented in the light of a mild and sympathetic mother. All the injuries which she has perpetrated upon the United States, all her insults upon the rights of our seamen, our flag, and our jurisdiction, her unatoned attack on the Chesapeake, and her orders in council, are buried in oblivion's deepest grave. Such is the general spirit, which runs through this curious production. A more particular view of its arguments and its facts will serve to demonstrate the correctness of this delineation.
The first thing, which strikes the mind, is the inconsistency between the professions and practice of these Reporters. In the very first lines of their Report, they admit that the foreign relations of the U. States, “are exclusively vested in the national government.” After this concession, was it consistent in these men, the members of a State Legislature only, to expatiate upon the most delicate points in our foreign relations? What makes this inconsistency still more conspicuous, is their subsequent assertion that they have a very “limited information” on these subjects; for say they, the Executive of the Union have designedly kept back, even from the eye of Congress a large share of its own information. With these limited views of those subjects, which are “exclusively vested in the national government,” how could the federalists of Massachusetts presume to express their legislative sentiments on our foreign relations—to assume the papal chair—to launch their bulls against the government of the Union—nay, even to recommend a war with France? To complete the chain of absurdities, they should have gone on to have proclaimed as well as recommended this war. This departure from their own principles can admit but of one solution. They were so eager to express their own sentiments on our foreign relations, to censure our executive and to war against France, that they even overstep their own modest principles to attain their object. This could have been their only real inducement.
But still they profess other motives for this departure. And what are they? Why, that because “from the language (of Mr. Crowninshield's original resolutions,) it would appear to be the sense of the mover, that the same motives and causes produced, in both foreign nations, the Decrees and Orders complained of,”—therefore, “it may be advisable, to state such information both as to the dates of the several Decrees and Orders, as well as to the alleged grounds of passing the same, as have come to the knowledge of your committee.” Never was a more ridiculous reason assigned for such an inconsistency. According to this doctrine, the grave Legislature of Massachusetts must transcend their own powers, because it was the pleasure of one of their members to bring up certain resolutions which appeared to convey a particular meaning. Must the whole legislature violate their duty, because one of their body had violated his? The resolution of Mr. Crowninshield was still confined to himself. It had received no sanction from the acts of the Legislature. If it deemed it an interference with those co-ens, which “are exclusively vested in the national government,” why did they not assign this as a sufficient reason for dismissing these resolutions for ever? Or why did they not give them the go-by?
The committee seem indeed to have felt the insufficiency of these reasons—for they go on to assign a new one. It is said to be “important, that the House should be possessed of whatever information can be procured, on a business so interesting to them, and which is made a pretence for the deep and universal calamities, which the government of the United States has seen fit to inflict on the citizens.” But were not the committee some-
what apprehensive of misleading the House? First they state, that they have little or no information before them—and then, that they must attempt to enlighten the House by these miserable scraps and fragments of information. Would it not have been as wise in them to have pretermitted a subject, which they say is “exclusively vested in the national government,” when on this subject they are unable to shed any satisfactory light? Is not this conclusion irresistible? If the Legislature of Massachusetts have no right at all to revise the foreign relations of the United States—neither the importance of the subject nor the obscurity of their own ideas can give them any right of this sort.
But most woefully indeed have the legislature of Massachusetts discharged this delicate office. Never was there a more complete tissue of misinformation, ignorance, or deception, than this celebrated report. When we consider the documents, which have been published by our Executive, and those facts which are known to all the world, the mind is lost in astonishment at the conspicuous errors veiled in this report. In those parts of it, which go back to the former practices of England and France, there is a seeming air of plausibility and of truth. But these appearances are delusive. Push your researches but a step further, and the fallacy of these assertions is apparent. Probe it to the bottom, and the unsoundness of these positions is immediately exposed. To prove these facts, let the following view of the points which this report successively embraces, be strictly and candidly considered.
The first point this Report attempts to establish, is, that of the Decrees & Orders, “intended by Mr. Crowninshield's resolutions,” those of France were the first in the series of aggressions upon us. And how is this proved? Why—we are told that the first attack upon us was in the French Berlin decree of 21st November, 1806, the first section of which declares, in general terms, the British island, their colonies & dependencies in a state of Blockade—but no section of which formally declares, as this report formally asserts, “that all vessels, with their cargoes, sailing to or from Great Britain, should be subject to seizure and confiscation.” We are told that the British Orders are of a date subsequent to this Decree. We are told that it was not until the 31st December, 1806, that the British commissioners informed our ministers of his majesty's intention “to retaliate in his own just defence, and to issue orders to his cruisers,”—in case the Emperor of France “should carry his threats into execution, and if neutral nations should, contrary to all expectation, acquiesce in such usurpations.” It was not until the month of January, 1807, that his Britannic majesty issued his Orders, “for preventing all commerce from port to port of his enemies.” It was not until the 11th of Nov. 1807, that he issued his Orders for placing the whole continent of Europe, except Sweden, in a state of strict blockade.
These dates are thus formally drawn forth to show, that France was the first in her aggressions upon the rights of the United States. This conclusion is at least intended by the Report—though it is not so explicitly and formally stated. Is this reasoning fair? Ought we to date the aggressions upon us, by the dates of certain decrees? Suppose, that these decrees were not intended to affect the United States—Suppose they were not originally put into execution in such a form, as to violate our neutral rights—must the date of the French aggressions be necessarily considered as prior to that of the British, because the date of the Berlin decree was prior to that of the British orders of January? Common sense revuls at this absurd conclusion. The first question which it puts, is, when was this aggression first made? When was the Berlin decree put in force against the United States? Was it before or after the British Orders of January or November? It is not by the dates of decrees—but it is by the dates of serious aggressions, that the question of the first wrong is to be settled. How then stands the subject on that ground?
Let the history of the execution of the Berlin decree be traced. The moment that decree was known to our minister at Paris, he demanded of the French minister of marine, whether it was intended to affect the existing relations between the U. States. As there was a treaty at that time existing between the two countries, which was directly violated by the blockading section of the decree, there was every ground of presumption, that this part of the instrument was not intended to go into effect against the U. States. The answer of Monsr. Decres, exactly corresponded with this presumption. He assured our minister, “that an American vessel could not be taken, at sea, for the mere reason that she was going to or coming from a port of England.”—But why did not our minister comply with Monsr. Decres's suggestion, and communicate with the “minister of exterior relations” on this subject? The reason was, because this minister and his master were then in Prussia or Poland.
So far then it appears, that the date of the decree is not the date of the French aggressions against us. For some time after, the conduct of the French government corresponded with the assurances (or opinion) of Decres. At the request of the secretary of state, (a) this answer of their minister of marine was immediately transmitted by Gen. Terreaux, to the French governors in the West-Indies—as the interpretation of his government, and as a guide for their conduct. There was no trace of an authorized aggression upon the rights of the U. States. There was no instance in which the French Admiralty Courts had interpreted and executed this decree, so as to disturb our neutral rights. No American vessel was condemned, “for the mere reason that she was going to or coming from a port of England.” Cases of an opposite description had even occurred—in which our vessels had entered the ports of France, after they had touched at those of Great Britain—and the vessels themselves were dismissed without confiscation, and the privilege of landing their cargoes only denied to them. The case of the George Washington, at Bordeaux, is a memorable instance of this sort, in which an appeal was even made to Monsr. Cretet, the minister of interior relations. That minister officially replied, that it was the intention of his government most strictly to enforce its decree—and yet, even he, dismissed the George Washington and her Cargo. The rate of insurance did not rise upon American vessels. This fact is established by the evidence of those merchants, who were called before the House of Commons. All these circumstances must have been known to the government of Great Britain.
It is true that these orders in Council were not so devouring in their effects, as those of November ensuing, or as the technical terms of the Berlin Decree. But what of that? Mr. Canning has assured our Minister that the orders of November were only “an extension in operation but not in principle,” of those of January. (d) Of course the British cabinet had the same right in January 1806 to adopt the wide wasting orders of November, as the mitigated
But did they suspend her usurpations upon our rights? The orders of January—and more particularly those of November, evidently prove that they did not.
It is true, as the Report of the Legislature of Massachusetts avers, that “as early as May 1807, it was known in the U. States, that the French privateers, in the W. Indies, had a virtue of the order of November, 1806, committed depredations on the American commerce.” (b) But it is equally true, that these were the acts of lawless privateers, in pursuit of their booty—that these acts were neither previously directed nor subsequently sanctioned by their government—and that all these depredations ceased, when the decisions of the Admiralty Courts had established the interpretation of the Decree of Berlin. It is surely neither the interest of G. Britain nor of any of her Essex minions, to confound the unauthorised acts of her cruisers, with those of her government. If there be any nation in the world that should officially protest against this identity, it must be that of G. Britain—Besides these depredations in the West-Indies, there may have been some cases of condemnation in the ports of France herself. But these were vessels “arrested for having introduced articles of English growth or manufacture; and among them some which being actually from England, and laden with English colonial produce, had entered with forged papers, as if coming from the U. S.” These condemnations were no infraction of the rights of the U. States. They did not affect our rights of navigation upon the high seas: they were merely intended to enforce those municipal regulations which France had a right to adopt. If these, therefore, are the cases of aggression to which Mr. Erskine has alluded in his letter communicating the orders of January, 1806, to our government, these cases were no real encroachments on our rights. If these were not the cases, to what other “instances” can he have alluded?
It is also true, as this Report avers, that there was “another article” in the Berlin decree, which declares “all merchandise belonging to England, or coming from its manufactures, or colonies, though belonging to neutrals, liable to seizure”—“in the ports of France.” True, also, this part of the decree was carried into execution. But what is our astonishment, what our contempt, when we are gravely told by this Report, that this was “in direct contravention to the stipulations of an existing treaty between the U. States and the Emperor of France!” Are we to ascribe this glaring misrepresentation to the credulity of fools or the hypocrisy of knaves? The only article of the French Convention, which can for one moment be supposed to touch this decree, is the 12th article, which merely provides for the unlimited freedom of trade (contraband goods excepted) “from any port whatever, to any port, of the enemy of the other.” But this case is most evidently out of the terms of the Berlin Decree; because this merely restricts the trade of the U. S. as “from an enemy's port”—not to an enemy's part—but to a French port—as to the confiscation of neutral property in the ports of France, it certainly cannot be regarded as an infraction either of our neutral or conventional rights. (c) Within the municipal limits of France, the French government has a right to regulate its own trade—and if these municipal regulations are invaded, to enforce its own penalties.
In a word—if the general blockading part of the French decree was immediately and continually put into execution against the U. S. why have not the particular cases been cited? Why are not the names of the vessels—the dates of condemnation—and the admiralty courts, been particularly specified? The reason is obvious. No such cases can be cited; because none such had occurred. The most eager researches of the most corrupt advocates of G. B. have been incompetent to hunt out a solitary case of condemnation, previous to that of the Horizon, referred to in this Report. This case did not take place before the 10th of October, 1807—and was the first instance of French aggression upon our rights. It is not then the 1st Nov. 1806, the date of the Berlin Decree, that we are to fix on as the epoch of French aggressions upon us—but the 10th of October, 1807.—This single fact overthrows the whole reasoning of the Essex Junto in favor of the British government. For what has that government done?
Let the history of those orders, which they have lately issued against the U. S. be also traced. On the 31st Dec. 1806, the commissioners of the British government, who had just concluded a treaty with the ministers of the U. States, presented to them a memorial in which their king reserves to himself the right of retaliating in his own defence, and issuing orders to his cruisers—on these two conditions, however, 1st, that the emperor of France should carry his threats into execution, and 2dly, that “neutral nations should, contrary to all expectation, acquiesce in such usurpations.” After these solemn assurances, what was the conduct of the British government? Was this as faithful a commentary upon British professions, as was the conduct of France upon the opinion of Monsieur Decres? Very far from it. Within only seven days afterwards, the British government issued its orders of January, which directly violated one of the fundamental rights of the U. S. These orders too were directly in the face of the two solemn pledges which they had so lately given to the American Commissioners.—For not one instance had occurred, in which the French government had carried its threats into execution. And no opportunity had been allowed to the U. States of deciding whether they would “acquiesce in such usurpations.” The orders of January were even issued, before the French decree could have been known in this country. They were, however, issued, although such an acquiescence on our part was “contrary to all the expectations” of the British government. A more flagrant prostitution of professions certainly never was made.—And what makes this conduct still more extraordinary and insulting, is, that these very Orders were issued only seven days after a treaty of Amity and Commerce with this country had been signed by the British Commissioners.
It is true that these orders in Council were not so devouring in their effects, as those of November ensuing, or as the technical terms of the Berlin Decree. But what of that? Mr. Canning has assured our Minister that the orders of November were only “an extension in operation but not in principle,” of those of January. (d) Of course the British cabinet had the same right in January 1806 to adopt the wide wasting orders of November, as the mitigated
(a) Mr. Madison's letter to Gen. Armstrong, May 22, 1807. (b) Id. (c) D. Feb. 8, 1808. (d) Mr. C's letter to Mr. Pinkney, of Sept. 23, 1808.
orders of January. Such, therefore, as reason upon this subject, are certainly at liberty to rest it upon the presumption that these obnoxious orders were so early in existence. It is certain that even at that day, some of the French ministry were in favor of the commutation. Percival and Castlereagh openly advocated similar measures in Parliament. (e)
It was on the 11th of November ensuing, that these men, then in power, were gratified in their worst wishes. On that day, they let loose those orders of Council upon our trade, which, but for the timely interposition of our government, would have swept millions of our property, and thousands of our seamen from the Ocean. There was no new aggression upon the rights of Great Britain.—It is true that the intamous execution of the Berlin Decree in the case of the Horizon had previously taken place; but this case was not known to the British Government. For the orders of November bear date on the very day that Mr. Armstrong, in Paris, became officially acquainted with this first unfriendly decision of the French Council of Prizes under the arrete of the 21st of Nov. 1806.
These facts will demonstrate the fallacy of the Massachusetts Report—They will show, that so far as relates to the Decrees and orders of 1806 and 1807, the French were not the foremost in their aggressions upon the United States.—That the British Orders in Council were not provoked by any serious argument of retaliation—and that they were issued without any real reference to the conduct of France towards Neutral Commerce. They were issued on a system of aggression, previously settled—that was dictated by a spirit of political hostility and commercial jealousy. It is not our intention to cast a veil over the atrocities of France. Her conduct towards the U. States has been without provocation and without principle—and it is far from our desire to repress that resentment which her conduct has so justly provoked.—But it must be admitted by all impartial men, that whilst she has chastised us with whips, G. Britain has scourged us with scorpions. Whilst the one has been an insidious pretender—the other has been an inveterate and deadly Rival.—And yet it is over the encroachments of such a power, that the Essex Junto have so kindly cast the pall of forgetfulness. Such is the species of information, which they are willing to impart to their constituents.
Our next number will treat of the other epochs of French and English aggressions embraced by this Report.—We shall find it as much mistaken in the rest, as in the one which we have just touched.
(e) Debate before the H. of Commons, on 4th of Feb. 1807.
A TRIBUTE TO THE MEMORY OF WASHINGTON.
The birth-day of General GEORGE WASHINGTON, was, on the 22d instant, celebrated, in this city, by the civic authorities, the military, and the citizens. At day-light a gun was fired: and at sun-rise 17, by the Artillery, under Capt. Price. About 11 o'clock, a line was formed, composed of the Cavalry, under capt. Sheppard; the Light Infantry Blues, under capt. Richardson; the Artillery, & the Richmond Rifle Volunteers, commanded by capt. George Turner. Governor Tyler then passed the line in review. At 12, a salute was fired, commencing in the centre, by the Artillery, and returned by the right and left wings; concluding with three cheers. The Riflemen and Artillery took a cold collation on the ground—and every heart seemed to expand with the truest friendship and patriotism.
In the evening, there was a Ball at the Bell.
FOR THE ENQUIRER.
At the first meeting of the Company of Veteran Volunteers, of the 88th Regiment, of the Virginia militia, called the “Company of Men of the year 76, of the 88th Regiment,” upon the 11th day of February, 1809, at the place called Stony-Point, in Albemarle, the majority of the Company, being present, a committee of five, viz.
John Sandridge, Gari and Carr, Micajah Carr, John D. Grimes & John Robertson were chosen and authorised, who having withdrawn, and placed in the chair Nimrod Bramham, Esq. Col of the 88th Regiment, present by invitation, and appointed a Secretary, proceeded to draw up an act of Association for the Company, which was done in the following words:
We, whose names are here subscribed, being all above forty-five years of age, and resident within the bounds of the 88th regiment of the Virginia militia, excited by the injuries the nation has so long sustained from abroad, and surprised more than alarmed at the opposition made in the Eastern part of the Union, to the will of the majority, fairly determined by a concurrence of all the branches of government: With a view that the 88th regiment, if there should be occasion for it in the field, may march in full force, without leaving its own home too much exposed, do voluntarily associate to resume military duties, and do form ourselves again into a military company under the title of “The Company of Men of the year 76, of the 88th regiment of Virginia,” for which purpose we hereby solemnly pledge ourselves to each other, upon our faith as honest men and our honor as patriotic citizens that we will, on all occasions, submit to and be governed by whatever regulations or resolutions relative to that object, a majority of those who have subscribed this article may think proper to adopt.
This form having been unanimously approved, the committee drew up the following regulations which, when ratified, by a majority of the company, will be binding upon the whole according to the act of association:
1. The Company shall muster at Stony-Point, at 11 o'clock in the forenoon, upon the second Saturdays in April, June, August, and October; and every member shall attend muster with a gun in good order, or shall pay a fine for absence or omission, not over one dollar nor under one quarter of a dollar, at the discretion of a court martial, to be appointed as hereinafter directed. 2. Officers failing to attend muster, if not excused by Court Martial, shall pay the following fines: The Captain ten dollars, the Adjutant ten dollars, the Lieutenant seven dollars, the Ensign five dollars; and whenever a sergeant of the company shall refuse or fail without valid excuse to execute the orders of the commandant he shall pay a fine of ten dollars. 3. A Court Martial shall be held at every muster except the first, and shall consist of five members, who shall be called by the commanding officer of the day, out of the company, drawn up in a single rank, beginning on the right, and going through the roll before the same person can be called again called, unless when any man, called in the order prescribed, shall happen to be himself delinquent, in which case, the next shall be taken in his place. 4. The adjutant of the Company shall act as treasurer: he shall collect all fines & render account when called on by the Commandant and shall hold all money in his hands subject at all times to the order of the company.
These regulations being unanimously adopted, by the committee, it was resolved that John Sandridge parade the company immediately on the green before the door, and that the Secretary,
read to them all these articles and put the question separately thereon.
The company being paraded and it appearing that there was a majority present, the articles were read separately as ordered, and each was unanimously ratified.
The company then proceeded to the choice of officers, when John Sandridge was chosen capt. Gariand Carr Lieutenant, Jeremiah Nichols Ensign, and Samuel Munday Adjutant and Treasurer, each unanimously. Jeremiah Nichols begging to be excused by the company for sufficient reasons, Thomas Edwards was unanimously chosen in his place.
This company, it is not doubted, will compose one hundred robust men.
To mariners.—The top of the Light House at Cape Hatteras was blown off about the 10th of January—No lights can therefore be raised at this time.—
CHARLESTON, Feb. 16.
Report.—A gentleman who came passenger in the Revenge, from Bermuda states, that a British cruiser had arrived there which had spoken a vessel from Spain with dispatches for Havana. They informed them that a desperate battle had been fought on the 16th December near Madrid, between the French and the combined forces of Spain and Britain, in which 27,000 men were left dead on the field. The French were completely defeated.—Courier.
Arrived in Hampton Roads on Friday last, the Schooner of his Imperial and Royal Majesty the Emperor of France and King of Italy, Le Superieur, commanded by Monsieur Bouvard, last from Charleston.—Ledger.
IN COUNCIL, Feb. 9, 1809.
In pursuance to an act of the General Assembly, “An act, to amend an act entitled an act to organize and establish a superior court of law, in each county in this commonwealth” and also an act supplemental thereto passed at the last session of the General Assembly;
It is advised, that the Judges of the General Court be allotted in the following manner, that is to say—
Hon. Joseph Prentiss, 1st Circuit. Elizabeth City, Warwick, York, James City, Charles City. Hon. William Nelson, 2d Circuit. Greensville, Southampton, Sussex, Prince George, Surry. Hon. Richard Parker, 3d Circuit. Northumberland, Lancaster, Richmond, Westmoreland, Fairfax. Hon. Francis T. Brooke, 4th Circuit. Goochland, Henrico, Hanover, King and Queen. Hon. William H. Cabell, 5th Circuit. Dinwiddie, Brunswick, Lunenburg, Nottoway. Hon. Paul Carrington, 6th Circuit. Mecklenburg, Charlotte, Halifax, Pittsylvania. Hon. Edmund Winston, 7th Circuit. Campbell, Bedford, Buckingham, Prince Edward. Hon. Archibald Stuart, 8th Circuit. Rockbridge, Augusta. Hon. Hugh Holmes, 9th Circuit. Culpepper, Madison, Orange, Rockingham. Hon. Robert White, 10th Circuit. Loudon, Fauquier, Jefferson. Hon. Hugh Nelson, 11th Circuit. Brooke, Ohio, Wood. Hon. John Coalter, 12th Circuit. Botetourt, Monroe, Greenbrier. Hon. William Brockenbrough, 13th Circuit. Grayson, Washington, Lee, Russell.
Extract from the Journal. 17 No Washington Papers since our last number.
On Saturday, the 4th inst. was drowned, in Mattaponny river, Mr. PHILIP COURTNEY, of King & Queen, in the 56th year of his age, he was an affectionate husband, a tender parent and kind master. The mildness of his temper, the sincerity and benevolence of his heart, his easy and unassuming manners endeared him to all with whom he was acquainted. He has left five children to lament their irreparable loss.
IN CHANCERY.—In Hanover County Court January 23th, 1809.
Thomas Price, jr. Plaintiff—against Tyree Harris and Edmund C. Goodwin and Thomas Price, jr. executors of Thomas Dossell, dec'd, who was executor of Jeremiah Harris, dec'd, Defendants.
This day came the Plaintiff, by William Y. DeJarnatte his counsel, and the defendant Tyree Harris not having entered his appearance, and given security according to the act of Assembly and the rules of this court, and it appearing to the satisfaction of the court, that he is not an inhabitant of this state; on the motion of the plaintiff it is decreed and ordered, that the said defendant Tyree Harris, do appear here on the fourth Wednesday in April next, and answer the bill of the Plaintiff, and that a copy of this order be forthwith inserted in some news paper published in the city of Richmond, for two months successively, and that another copy be posted at the front door of the court-house of this county.
And it is further decreed and ordered, That the other defendants Edmund C. Goodwin and Thomas Price, jr. executors of Thomas Dossell, deceased, who was executor of Jeremiah Harris, deceased, do not pay away or otherwise dispose of any money or effects in their hands, belonging to the said defendant Tyree Harris, but that they retain the same till the further decree of this court. And a subpoena is awarded the plaintiff against the defendants Edmund C. Goodwin and Thomas Price, jr. executors of Thomas Dossell, deceased, who was executor of Jeremiah Harris, deceased, to cause them to appear here on the fourth Wednesday in next month, to answer the bill of the plaintiff.
A Copy Teste, THOS. POLLARD, D. C. H. C. February 24. oaw8w
FOR SALE, six NEGROES. Enquire at this Office. February 24.