The enquirer (Richmond, Va.), 1809-05-12 00:00:00

The Enquirer.
RICHMOND, FRIDAY, MAY 12, 1809.
[No. 1.]
PRINTED BY THOMAS FITCHIE, 21 THE GLOBE TAVERN, AT FIVE DOLLARS PER ANNUM, PAYABLE IN ADVANCE.
SALES AT AUCTION.
ON Monday the 15th day of May next, will be sold on the premises, the Tenement at present occupied by Mr. Edward Carter Stannard. Terms of sale—One third payable in three months, one third in six months; and the remaining third in twelve months. Notes with approved endorsers will be required.
THOMAS TAYLOR, Auctioneer. (tds.)
April 27, DOCTOR JOHN HAYES , offers his professional services to the citizens of Richmond and its vicinity. May 9.
ML. GRETER, SILVER-SMITH AND JEWELLER , respectfully informs the citizens of Richmond, Manchester and their vicinities, that he has commenced the above business, on the main street, opposite to the Store of Messrs. John & Robert Gamble, junr. where all orders, in his line, will be thankfully received & punctually attended to.
N. B. Cash given for old Gold or Silver. May 9.
FOR SALE —One thousand acres LAND lying in the lower end of Buckingham county, on both sides of Buffalo creek, and on the road leading from Ca-Ira to New Canton, within half a mile of navigation, on Willie's river, and about two from Ca-Ira. This tract is esteemed remarkably fertile, and has a plantation cleared on it sufficient to work ten or twelve hands to advantage, and a good proportion of rich tobacco Land to clear. The improvements are only sufficient for the accommodation of an overseer and negroes, with a barn, and apple orchard. This estate, from its great fertility, vicinity to market, and situation in a polite and agreeable neighborhood, is well worthy the attention of any gentleman who may wish to remove from the lower country to a more healthy situation.
For terms apply to Mr. Linus Bolling, of the aforesaid county, who is fully authorised, with the subscriber, to treat with any person wishing to purchase.
SUSANNA WILCOX. Chelton, May 9.
TACOR FACLER has removed from Richmond to Staunton, where he intends permanently to reside—He has placed in the hands of Mr. Stevenson, his attorney, a list of debts due him from persons residing in Richmond, and the adjacent counties with positive instructions to bring suits indiscriminately against all those who may be in arrear since the first day of June next—payments made to Mr. S. will in all cases be good. Richmond, May 5.
PURSUANT to a Deed of Trust executed to the subscribers, by Samuel Parsons & Sarah his wife, for the benefit of Wm. Cooke and Thomas and Amos Ladd, and other Creditors of the said Samuel Parsons, will be exposed to Sale at Public Auction, on the respective Premises, on Wednesday the 3d of next month the following PROPERTY , lying in the City of Richmond, viz: nearly three-fourths of the LOT described in the plan of the said City by No. 436, on the S. W. side of the Basin, and between Thomas Ladd's and the Hay Market Square, bounded on the North East by the street running between the Hay Market Square and the public Warehouse.
That part of LOT, No. 413, on the N. East side of the Basin, which is bounded by the street running by the Bank and Robert McKim's to Cary Street, thence by the last mentioned street to the tenement occupied by Mr. Smith as a bakery, & back to the alley which divides said Lot from R. McKim's.
One Moiety of the Tenement on the Main street, now occupied by David Logan, containing 24 feet front, and extending back to an alley leading to Byrd's Warehouse, on which are a story brick store house, lumber house, kitchen, stables, &c.
Also LOT SHARES in the Richmond Turnpike and a COACHEE and Horses, together with household Furniture, &c. The sale will commence at the Tenement occupied by David Logan for the Moiety thereof, the Turnpike Shares and the Personal Articles; and will close adjourn in course to the other LOTS mentioned.
Terms of sale will be, cash for the Personal property, the Turnpike shares, and the Moiety of the Tenement in the occupancy of D. Logan; and twelve months credit for the other property, on notes negotiable and payable at the Bank of Virginia, satisfactorily endorsed, and titles to be withheld as further security, until full payment of the respective notes—or, at the option of the purchaser, one fourth to be paid down and the other three-fourths to be secured by deed of trust on the property purchased, and bond of the purchaser. The Lots will be sold as they stand, or be divided as may appear reasonable.
E. CARRINGTON, RICHARD ADAMS, } Trustees. GEO: GREENHOW, } eptds Richmond, April 7.
The above SALE is postponed to Saturday the 27th inst. when it will certainly commence at 12 o'clock. May 24, 1809.
A TUTOR WANTED —The Trustees of the town of York, are anxious to employ a gentleman of character, & literary acquirements, to conduct a SCHOOL in the said town. The branches of Science to be taught are, reading, writing, English grammar, arithmetic, geography, use of the globes, the Latin and Greek classics. The situation of York is pleasant and healthy: From twenty to forty pupils can be procured: A comfortable house will be furnished the Tutor free of expense. A person who shall produce testimonials of his sobriety, discretion and acquirements, which shall qualify him for the conduct of the school, will meet with encouragement upon application to
CORBIN GRIFFIN, } Committee. TH: GRIFFIN, } of ROBT. NELSON, jr. } Trustees. May 2.
MESRS. Stephen G. Letcher, and Stephen Arnold —As neither of you are residents in the state of Virginia, nor have any known agent or attorney within the same, to whom this notice can be given; I hereby give you notice, that at Goodland court house, on the 20th day of May, 1809, between the hours of six in the morning and seven in the afternoon, I shall proceed to take the deposition of George Underwood, a single and material witness in me to a particular fact in the suit, which you have brought against me, in the circuit court of the United States, in the district of Virginia, in presence of a commissioner for that purpose. I have not been served with a subpoena duces tecum. SAMUEL WOODSON. April 21.
NOTICE —The subscriber has, for the present, removed his VENDUE OFFICE , to the front room of the house occupied by Mr. Carter B. Page, opposite to Messrs. Hovey and Sizer where he transacts business as usual.
He has on hand a quantity of West-India and other GOODS , and is prepared with convenient store-houses to receive any further consignments that may be made to him.
JAMES BROWN, Jr. Auctioneer. April 11.
BENJAMIN KIMBALL , has taken the Store lately occupied by Mr. Jacob Fackler, where he has now a tolerable, and will shortly receive a very general and extensive assortment of European and India
GOODS ; Which will be sold wholesale or retail at very moderate prices. May 9.
EUROPE.
IMPERIAL PARLIAMENT. HOUSE OF COMMONS, AMERICAN AFFAIRS Debate on Mr. Whitbread's motion. (concluded.)
Mr. Canning would not trespass on the patience of the House at so late an hour, but he must beg leave to observe, that most of what had been observed upon the subject before the House, led to no practical conclusion, led to no recommendation of measures which it would be thought safe and political to adopt. Almost all he had heard was lost in vagueness of conjecture, or splendour of declamation. The question really was between England and France; not between England and America; and if the question involves matters of a delicate nature, which were not inconsiderably or prematurely to be exposed, the fault was with those who called for the papers, and provoked the discussion; not with those, who while they deemed it their duty to shrink from no enquiry into their conduct, still felt the impropriety of being forced into explanations, which it were more prudent to postpone. He most certainly should have opposed the production of those papers, had they not already appeared in print in another country, because he was sensible that the discussion of them was premature, and that they were not in a shape for it and seasonable discussion. The blame, as he had already observed, must rest with those who recommended it, and would enforce a parliamentary consideration of an incomplete and undecided question. The Right Hon. Gentleman then proceeded to argue the question of the justice and the right, as well as of the policy and expediency of maintaining the principles upon which the British government had acted with regard to America, under the circumstances of the French Decrees. These principles were the grounds of the Order in Council of the 7th January, 1807. A ground not only of retaliation, but of self defence; a ground therefore, which the gentleman opposed him would not be disposed to contend against. Upon that ground his majesty's present Ministers had found the question—upon that ground they felt incumbent on them to support it. And here he begged leave to appeal to the principles and the language laid down by his Noble and able predecessor (Lord Grey,) whose authority, he did not imagine the Gentleman opposite him, would dispute. Much was said about observance of the Law of nations. He would not say that the Orders in Council were an exact application of it: he would allow they were rather an extension of that law; but an extension called for and justified by the new order of things that had arisen in the world. The Berlin Decrees were evidently acts of hostility against England; as such England must have met them. Under the pretence of a municipal regulation, these were intended to exclude British commerce from every port; but that they had none of the features of ordinary municipal regulations, which obtain in peace as well as in war.
France was all along the original aggressor, in this respect, though she affected to pay as the compliment of a priority of wrong. The Right Hon. Secretary next argued, to shew, that the orders in council were not the real cause of the American Embargo. This appeared to be the case, from the acknowledgment of Mr. Pinkney, who confessed the Embargo to be only a measure of precaution, and as such, not the consequence of measures which we had adopted, but a guard against what we were likely to adopt. As to the offer of repealing the embargo if England revoked her orders in Council, nothing could be more hollow than the ground upon which that offer has been made. Should we repeal our orders, America would revoke her Embargo, and go to war with France; if France refused to repeal her Decrees! But when? that was the question. America certainly held out that expectation, but it was for an indefinite time. It was to ascertain this particular point, that he had been anxious and had required that every thing connected with that question should be recorded in written documents—loose conversation he did not think himself justified in depending upon. The grounds of negotiation he had to submit not being to his own judgment but to that of his colleagues, and therefore it was indispensable for him to have them reduced to a fixed form. Besides he was admonished by what had already taken place in America, where these conversations had been misstated in the American newspapers, which in that country were made, and considered as the vehicles of Government authority. Those who accused Ministers of a disinclination to adopt pacific measures respecting America, must surely have lost sight of the line, temper and manner in which his Majesty's Government had acted towards America, since differences had unfortunately arisen between the two Governments. Had they not sent a Special Mission to explain and apologize for the affair of the Chesapeake; and was not the mere sending of a Special Mission to such an effect, even deemed a sufficient atonement even by the proudest nations? Yet even there, was not the vessel that carried out the Mission, compelled to submit to the de-
grading ceremonial imposed by the Embargo? In short, we had rather gone too far than done, too little. We twice offered to negotiate, yet the Non-importation Act was not revoked. Would the late administration have done more? The present discussion, however, was imprudent at a time negotiation was pending for the adjustment of differences.
Lord Henry Petty replied to the various arguments of the last speaker. He dwelt on the effect produced in America by the letter of Mr. Canning, to Mr. Pinkney, dated the 23d September, 1808. That communication reached America previous to the Election—a time in a democratic country of great heat and political zeal. What was its effect? It was traced in the following circumstances. It is well understood that in the various states, previous to the election of a President, each state elected an inspector, so whom was delegated the vote of that state for the election of Chief Magistrate. It was well known that on the appointment of the inspectors previous to the late election, for a President, persons from the federal, otherwise the English interest, were almost universally returned. But such was the effect of the able and well timed communication of the Secretary for Foreign Affairs, that the whole public mind of America was insulted by his ill-placed irony; and the consequence was that a revolution of public opinion took place, by which the party in America, presumed not most friendly to English influence, was intruded with the Sovereignty of that important Empire.
The American Government in the late negotiation, as was obvious from the papers on the table, evinced a friendly disposition towards France. She offered to take off her Embargo in respect to this country, if we would rescind towards her our orders in council. And if we were disposed to this proposition, and only hesitated from a doubt of her sincerity, why was not endeavor made in the course of negotiation, to secure the exclusion of American ships from French ports, and obtain the consent of the American Government for ourselves to secure that point, by making prize of all vessels of that nation, found approaching the ports of the enemy? It was the obvious policy of this country to excite hostilities between France and America, and this would be the almost inevitable consequence of a cessation of the Embargo in favor of England, whilst it was continued towards France. He coincided fully in the sentiments of Mr. Grattan, and voted for the address.
Mr. G. Rose jun. entered into some explanation upon the business of his diplomatic mission to America, and said that notwithstanding the sole object of his embassy was to make satisfaction in the affair of the Chesapeake, he found it impracticable to conclude the business without leading to protracted discussions, the nature of which were incompatible with the honor of this country. And even the very vessel on board of which he went, was not suffered to remain in an American port, but under the direction of the Commissioner of Customs, and in such station as he should point out.
Mr. Whitbread expressed his determination not to avail himself of that privilege, to which, as the original mover, he was entitled. However, he could more freely dispense with the exercise of the right, inasmuch as every argument that was used by his opponent was ably met by the Hon. Friends who supported him; and where there was a manifest deficiency in meeting his observations, he could not, at that hour, trespass on the house, even for the purpose of exposing the absurdity of such attempt.
Amidst loud cries for the question, the House divided on the motion—For the Address, 83—Noes 145—Majority 62. The House adjourned at 7 o'clock.
BALTIMORE, May 6.
LATEST FROM ENGLAND.
By the Temperance, 44 days from Liverpool, the Editor of the Federal Gazette has received files of London and Liverpool papers to the evening of twenty-third March inclusive, several days later than former accounts. The most important items follow. It appears from a hasty perusal of our files, that great activity pervades the hostile courts and armies of Europe. Indeed, figuratively, the whole continent is in a state of fusion. Sweden in rebellion; war raging through Saxony, Austria, Italy, Spain and Portugal.
With all his characteristic rapidity, Napoleon could not prevent the Austrians from strengthening their own cause and confidence by obtaining the first victory. The London papers state, that the French were beaten in their designs on Trieste, and the Austrian van has penetrated beyond the Bavarian troops, cutting them off from the French grand army.
But, without the aid of Russia, Austria has slender hope. We can but shudder while anticipating the murder of her people, the sack of her cities and the conflagration of her temples! Happy Columbia! that peace with Britain, we may defy the Great Destroyer. Fed. Gazette.
LONDON, March 20.
We have seldom had to announce more important intelligence than we have to day, both foreign and domestic.
The Duke of York has resigned.—On Saturday morning his Royal Highness went to Windsor, and tendered to his Royal Father his resignation. It is said to have been tendered in the form of a letter to his Majesty, containing the reasons which had directed his Royal Highness to take that step, and to take it at the present moment. His Majesty was graciously pleased to accept his resignation, and the Earl of Chatham, or as others say, Sir David Dundas, is appointed to succeed him. But this arrangement, we trust, will soon give way to a measure by which the Army shall be managed by a board, as the Navy has been with so much advantage to the public service.
We rejoice sincerely in this event, which indeed may be considered as a great triumph gained by the Constitution of the Country. The Duke of York has taken a very proper and judicious course, and no further proceedings we should suppose, at least, we
should hope, will take place in the House of Commons.... Courier.
ARRIVAL OF A FLAG OF TRUCE.
A flag of truce arrived at Dover on Saturday from Boulogne, with dispatches for Transport office, which were immediately forwarded to London. The vessel was ordered to sea as soon as she had delivered her dispatches, and returned to Boulogne. The master of the vessel says, that the expectations in France of peace with this country are very feeble. The renewal of war upon the Continent has thrown a great gloom over the public mind.
An English woman, aged 92, came over in the flag of truce. She had been a prisoner in France a considerable time, having been thrown upon the coast from a merchant vessel from the Westward, that went on shore. The dispatches are said to relate to an exchange of prisoners.
INSURRECTION IN SWEDEN.
Dispatches have been received from the Baltic, which, we grieve to state, give an account of an insurrection having broken out in Sweden, tending to revolution. Several thousands have risen in the province of Warmland, and were on their march from Carlsted to Stockholm, to compel the king to call a Diet. They had issued a proclamation, complaining of the war, taxes, &c. and requiring a change of measures.
An American brig is arrived at Falmouth from Bordeaux, in eight days, (detained)—the master reports, that the L'Orient squadron, consisting of three sail of the line and three frigates, with troops and provisions on board, had sailed for the West Indies.
PRICE OF STOCKS THIS DAY AT TWELVE. 3 per Ct. Cons. for money, 67 31-82—Do. for April 67 27-48.
CURRENT PRICE OF GRAIN THIS DAY.
  Wheat 64s 80 to 88s   Fine 90s to 93s   Fine Flour 80s to 81s   Seconds 75s to 80s   Rape Seed, 64s, 63½. 
LONDON, March 21.
Accounts have been received to the 7th of March, from the coast of Spain, near Vigo, Pentevedra and Villa Gracia. That part of the country is in open and determined insurrection against the French. There have already been several skirmishes, and the peasants, we are happy to hear, have been often successful. There are about eight hundred French in Corunna, one thousand five hundred in St. Jago, three hundred in Padiin, four thousand in Pentevedra, and their main body, consisting of about ten thousand, was between Tuy and Orense. Romana's army was beyond Montinez, on the borders of Portugal.
But against these favorable symptoms, must be set an event more disastrous to Spain than the loss of a battle or a province. He who was an army in himself, whose name was a tower of strength, (Palafox,) is said to have departed this life a few days after the surrender of Saragossa. He died too soon for his country's happiness, though not too soon for his own glory. The melancholy intelligence is announced in the Paris papers, and the mind immediately suspects, that he who did not shrink from shedding the blood of a Prince of the House of Conde, of a British Officer his prisoner, of a General whose fame he envied, has not hesitated to blacken his soul with another murder, and to add another victim to the long list of those who are now pleading against him at the bar of Heaven.
SWEDEN.
We communicated yesterday, the intelligence of an insurrection in Sweden. It is said, that several thousand peasants have risen in the province of Weirmland, and were proceeding from Carlsted to the capital. We have heard, that a General officer has put himself at the head of a body of military, and taken possession of Stockholm, whence the king had retired under the protection of about three thousand troops, who have remained faithful to his person. A declaration has been published by the insurgents containing a statement of their grievances, arraigning the war as the cause of them, & insisting upon the re-establishment of peace as the only means by which they can obtain either alleviation or redress.
About the time the French were marching against Trieste, the Austrians entered Bavaria, on the frontiers of which an action is said to have taken place, in which the French were worsted, and the Austrians pursued their march with all possible speed into the heart of Bavaria. The disabling the treacherous monarch of that country from uniting his troops with those of France, will be of great advantage to the Austrian cause. Acting too, in another quarter with that vigor and promptitude which are new in the history of the military movements of Austria, at least in the history of her movements of late years, she is said to have sent a division of her army into Saxony, which has taken possession of Dresden. This operation is rumored to have taken place with the concurrence of the king of Saxony. If it be true, it would afford us reasonable ground for believing, that the court of Petersburg was not unfavorably disposed to the court of Vienna. The possession of Dresden by Austria, would isolate the French divisions in Custrin, Dantzic and other places, from the main body of the French army, and the king of Prussia may yet have force enough to act with effect against those divisions.
Such are the contents of the private letters from Holland. For our own parts we should have been more inclined to suppose, that the French would have been the first to occupy Dresden; and with respect to the king of Saxony having consented to give the Austrians possession of his capital, we must hesitate in giving credit to it. We shall be glad, however, to find our doubts unfounded.
The Emperor of Russia has determined to remain neutral; a determination which has given much offence to Bonaparte, who filled Europe with such boasting assurances, that the Emperor Alexander was to co-operate with him with his whole force in any project, whether for peace or war.
There is no doubt of hostilities having commenced upon the continent, and this information we communicated last night as part of our impression. The Dutch papers, to the 18th, which arrived last night, make no mention of this event, though they full of the movements of troops, confess that the last hopes of peace have vanished, and state that the French minister has left Vienna. The account of the commencement of hostilities is contained in private letters. The first blow was in a quarter where we did not expect it. General Marmont, the commander in chief of the French army in Dalmatia, resolved to make an attempt to surprise Trieste, a most important point. He advanced in a heavy storm of snow with about twenty thousand men. But this movement was suspected by the Austrians, who had time to take the necessary precautions, and advanced from Trieste to meet the enemy. They came up with them at no great distance from the town, and an obstinate engagement took place, in which the French were defeated with considerable loss, and were pursued by the Austrians some miles. The capture of Trieste would have been of immense importance to the French.
Bonaparte has often said to us, "the treaty of Amiens, and nothing but the treaty of Amiens—Great Britain shall have nothing to do with the continent."—Let us then reply to him, "France shall have nothing to do with the Islands—If he is able to prevent us from interfering with the continent, we will prevent him from interfering with the Islands—He shall have nothing to do with either of the Indies—Great Britain shall be Lord of the Isles."
Being decisively of opinion, that France ought never to possess again a foot of land in the W. Indies, we trust that Ministers will take the earliest opportunity, after the capture of Martinique and Guadalupe, to declare that she shall not: and to make known their determination never to give back these Islands.
March 23.
The resignation of the Duke of York was notified to the House of Commons last night by the Chancellor of the Exchequer, who submitted it to Mr. Bathurst, whether he would think it necessary, after such an event, to proceed with his motion. Mr. Bathurst, however, did deem it necessary, and he moved a resolution, stating in substance,
"That while the house acknowledges the beneficial effects resulting from the services of his Royal Highness the Duke of York, during the time of his being commander in chief, they had observed with the deepest regret, that in consequence of a connection most immoral and unbecoming, a pernicious and corrupt influence had been used in respect to military promotions, and such as gave colour to the various reports respecting the knowledge of the commander in chief of these transactions."
Lord Althorpe moved as an amendment upon the above resolution—
"That the Duke of York having resigned, the House did not now think it necessary to proceed further on the minutes of evidence taken before the committee appointed to inquire into the conduct of the Duke of York as far as relates to his Royal Highness."
Mr. Bathurst's Resolution was negatived without a division. The chancellor of the Exchequer moved, as an amendment to Lord Althorpe's motion, that the word now be omitted. Upon this amendment the House divided.
  For leaving out the word now 235   Against it 112   Majority 123 
Lord Folkestone gave notice of a motion relative to the Duke of York, on the 17th of next month.
The Duke of York has taken a very proper and judicious step in resigning; and we trust there is no intention of re-instating him in his situation. This we think his majesty's ministers should state distinctly to the house—they should accompany the notification that he has resigned with a declaration that there is no intention of restoring him.
It struck us, as soon as we heard of a resignation, that the House was still bound to record something against his royal highness, after having recorded such a body of evidence; for it would seem strange that the only votes on the subject should be for acquittal in the face of such evidence. It seemed necessary that the character of the House, its consistency, should be maintained. Lord Althorpe's motion does, in some measure, amend what has been made to it, it will still appear upon the Journals that the house did not think it necessary to proceed further, because his royal highness had resigned.... Courier.
LIVERPOOL, March 23.
The Enterprize, Marena, from Halifax for this port, was off Holyhead the twentieth instant.
The schooner Hiram, from Savannah, at Clyde, with two hundred bales cotton, sailed two days before the Frank, that arrived here on the 14th inst.
The Proserpine frigate is taken by the Penelope and Palatine, French frigates, after an action of three quarters of an hour, and carried into Toulon. The Proserpine had eleven men killed and fifteen wounded. The Salsotte frigate, supposed to be lost in the Baltic, arrived at Carlscrona the 8th instant, after being nine weeks in the ice.
The Irlam, Captain Keyzar, on her passage from Barbadoes, captured on the first instant, the French brig Le Diamant, laden with sugar and coffee from Guadalupe to Bordeaux, and arrived here yesterday.
The Batavia, from Rochelle to New-York, with passengers, captured by the Cormoran sloop of war, was re-taken by her crew, and afterwards fell in with the Irlam, who captured and sent her to Barbadoes.
Maclefield, Croft, from London for nam, which drifted into Enneshuffon has gone to pieces.
CORN EXCHANGE, M
Little doing in wheat and prices—

   Beans and Peas dull—Flour 1s. per cwt lower.   s. d. lbs.     Wheat, America 15 a 15 3 per 70   Flour, Fine 78 80 per 280   Seconds 74 76 Ditto  
ARRIVED. The Lascelles, J. Reynolds, from Rio de Janeiro. Endeavor, J. Fox, from Amelia Island. John, L. Weak, from Savannah, pine timber, staves, &c. Cotton Planter, W. Bamp, from Sapelo Island, cotton wool. Frank, J. Abbott, from Wiscasset, cotton wool. Prinder, S. Hall, from Wilmington, tar, angles. Sulp, J. James, from Massachusetts, tobacco and cotton. Dolly, J. Williams, from Massachusetts. Henry, J. Dunker, from Madeira. Helen, J. Gillies, from Alicante. Sally Anne, S. Glaver, from Sicily. The Lady St. John, Payne, sailed for New York the 21st.
PARIS, March 12. We are assured, that his imperial majesty has bestowed the government-general of the departments of Tuscany on her imperial highness Princess Eliza, sister of the Emperor and Princess of Lucca and Piombino, with the title of Grand Duchess. Her husband, Prince Felix, of Lucca and Piombino, is General of division, and commands the troops in Tuscany.
By a decree of the 3d inst. the emperor has also created the eldest son of the king of Holland, Napoleon Louis, grand duke of Berg and Cleves. Letters from Bayonne of the 7th inst. announce the death of Palafox, which took place in Saragossa at the beginning of this month.
The French ambassador in Constantinople, as well as all the ambassadors of the powers allied with France, are said to have presented to the Divan, very strong remonstrances against the peace concluded with England, and positively declared, that unless the Porte immediately relinquished her connection with England, they would all leave Constantinople.
AUGSBURGH, March 1. The two first divisions of the French corps commanded by general Oudinot, have already proceeded on their march to their ulterior destination. They are probably destined to take post on the Inn.
LOWER ELBE, March 6. According to the intelligence from Sweden, the king has forbidden the introduction of English newspapers into his dominions, not on account of any hostile disposition towards England, but because some of the English newspapers express themselves in a style concerning Swedish affairs, which the king fears may produce unpleasant effects upon the minds of his subjects.
CONSTANTINOPLE, Jan. 25. The English Envoy, Mr. Adair, has been prevented by contrary winds, from making his formal entry into the capital. Nothing is yet known of the negotiations with Russia. The French charge d'affaires sends frequent couriers to his court. Between the Austrian internuncios and the French, Dutch and Saxon ambassadors, very serious disputes have arisen; so that the envoys of these four powers have broken off all intercourse with the internuncios.
BOSTON, May 4.  LATEST FROM ENGLAND. The following articles are extracted from a letter, which was yesterday received by the Editors of the Palladium, from their correspondent at Halifax, dated April 27.
The ship Mary, F. J., arrived yesterday from Liverpool, in thirty-one days. She brings London papers to the twenty third ultimo.
The Peacock sloop of war, from Lisbon, fell in with the Fregate from Cadiz, 24th February, and was informed, that in the action which lately took place at Cadiz, Don Juan Heredia, was killed on the spot; that the Marquis de Villel, representative of the Supreme Junta at Cadiz, was closely besieged in the Capuchin Friary; and that a General Caraffa was in hourly expectation of death; that the English were in great favor, and the Spaniards anxious for British troops to land; that the people were much dissatisfied with their leaders, and full of enthusiasm against the French.
LONDON GLOBE OFFICE, March 23, 2 o'clock, P. M. The Telegraph has just announced, that a Courier is on the road with important despatches from Spain, who may arrive in town in the course of the day.
Government has received despatches by the St. Lucia and Peacock, communicating the favorable appearance in Spain.
The French have been driven out of Vigo by the inhabitants, en masse, with bayonets, daggers, bludgeons, &c. Great numbers were massacred.
The reports of Austria opposing France, seem to gather strength; though no act of hostility has taken place. Russia still keeps aloof, undetermined whether to join Austria or France in the new war.
Further reinforcements are to be sent to south of Spain. Bonaparte was in Paris at last dates. Sir David Dundas holds the office of commander in chief at present; though it is highly probable, that the office will, in a short time, be put into the hands of commissioners, somewhat similar to the admiralty.
Regular convoys are established by the admiralty to and from North-America, to sail from England twentieth March, April 10, May 18, June 10, July 10, August 5— and from Halifax and Quebec, 15th of each month to October. Also from Halifax to the West-Indies windward and leeward, monthly, and back again.
BALTIMORE, May 3. It is currently reported, that Governor Wright has resigned. In our latest Liverpool paper (23d March) we advertised 41 vessels for the U. States and British America. The London Courier of the evening of twenty-three, says, "there being no Aldermen held to-day, the Lord Mayor, with the returns, lowered the bridge."
DOMESTIC.
In the circuit Court of the U. States for the Pennsylvania district, April session 1809, present Judges Washington and Peters. Michael Bright, James Atkinson, Charles Westfall, Abraham Ogden, Charles Hoag, William Cole, Samuel Wilkins, Daniel Phyle, John Knipe.  United States vs.
WASHINGTON, Judge, delivered the opinion of the Court.
Impressed with the magnitude of the questions which have been discussed, we could have wished for more time to deliberate upon them, and for an opportunity to commit to writing the opinion which we have formed, that it might have been rendered more intelligible to you, and less susceptible of being misunderstood by others. But we could not postpone the charge without being guilty of the impropriety of suffering the jury to separate after the arguments of counsel were closed, or of keeping them together until Monday; a hardship which we could not think of imposing upon them. I shall proceed, therefore, to state to you, in the best way I can, the opinion of the court upon this novel and interesting case.
It may not be improper, in the first place to refresh your minds with a short history of the transactions which have led to the offence with which these defendants are charged; and to consequences which might have been of serious import to the nation.
Gideon Olmstead and three others, having fallen into the hands of the enemy, during the latter part of the year 1778, were put on board the sloop Active, at Jamaica, as prisoners of war; in order to be conducted to New York, whither this vessel was destined with supplies for the British troops.
During the voyage, Olmstead and his companions, who had assisted in navigating the vessel, formed the bold design of taking her from the enemy; in which, with great hazard to themselves, they ultimately succeeded. Having confined in the cabin the officers, passengers, and most of the men, they steered for some port in the U. States, & had got within five miles of Egg harbour, when capt. Houston, commanding the brig Convention, belonging to the state of Pennsylvania, came up with them, and captured the Active as prize. The sloop was conducted to Philadelphia, and libelled in the court of Admiralty, established under an act of the legislature of that state.
Claims were filed by Olmstead and his associates, for the whole of the vessel and cargo, and by James Josiah, commander of a private armed vessel, which was in sight at the time of the capture by Houston, for a proportion of the prize. Depositions were taken in the cause. A jury was impanelled to try it. The question of fact was, whether the enemy was completely subdued or not, by Olmstead and his companions, at the time when capt. Houston came up with them.
The jury, without stating a single fact, found a general verdict, for one fourth to Olmstead and his associates, and the residue to Houston and Josiah, to be divided according to law and to an agreement between them. From the sentence of the court upon this verdict, Olmstead appealed to the court of appeals in prize causes established by congress, where after a hearing of the parties, the sentence of the admiralty court was reversed; the whole prize decreed to the appellants and process was directed to issue from the court of Admiralty, commanding the Marshall to sell the vessel and cargo, and to pay over the net proceeds to those claimants.
The judge of the court of Admiralty refused to acknowledge the jurisdiction of the court of appeals over a verdict found in the inferior court; directed the marshal to make the sale, and to bring the proceeds into court. This was done; and the judge acknowledged the receipt of the money, on the marshal's return. In May 1779, George Ross, the Judge of the Court of Admiralty, delivered over to David Rittenhouse, treasurer of this state, £11,496 9 9 in loan-office certificates issued in his own name, being the proportion of the prize money to which the state was entitled by the sentence of the inferior court of admiralty. Rittenhouse at the same time executed a bond to Ross, obliging himself, his heirs, executors &c. to restore the sum so paid in case Ross should, by due course of law, be compelled to pay the same according to the decree of the court of appeals. In the condition of this bond, the obligor is described as being treasurer of the state; and the money is stated as having been paid to him for the use of the state. Indents were issued to Rittenhouse on the above certificates, and these were afterwards funded, in the name of Rittenhouse for the benefit of those who might eventually appear to be entitled to them. After the death of Rittenhouse, these certificates, together with the interest thereon which had been received, came to the hands of Mrs. Sergeant and Mrs. Waters, his representatives. The paper which covered the certificates was endorsed in the hand writing of Mr. Rittenhouse with a memorandum declaring they will be the property of the state of Pennsylvania when the state released him from the bond given to George Ross, judge of the admiralty, for paying the 50 original certificates into the treasury as the state's share of the prize. No such release ever was given. The certificates thus remaining in the possession of the Representatives of Rittenhouse, Olmstead filed his libel against them in the district court of Pennsylvania, praying execution of the decree of the court of appeals. Answers were filed by these ladies; but no claim was interposed nor any suggestion made of interest on the part of the state, and in January 1803, the court decreed in favor of the libellants. On the second of April in the same year, the legislature of Pennsylvania passed a law, authorising the attorney general to require Mrs. Sergeant and Mrs. Waters to pay into the treasury the money acknowledged by them in their answer in the district court to have been received, without regard to the decree of that court; and in case they should refuse, that a suit should be instituted against them, in the name of the commonwealth, for the said moneys. The governor was also required to protect the just rights of the state by any further measures he might deem necessary; and also to protect the persons and properties of those ladies from any process which might issue out of any federal court, in consequence of their obedience to this requisition; and further should give them a sufficient instrument of indemnification in case they should pay the money to the state. No further proceedings took place in the district court. For some time after the passage of this law. And when at length an
application was made for process of execution; the judge of that court, with a very commendable degree of prudence, declined ordering it; with a view to bring before the supreme court of the U. States a question so delicate in itself, and which was likely to produce the most serious consequences to the nation. Upon the application of Olmstead, the supreme court issued a mandamus to the judge of the district court, commanding him to execute the sentence pronounced by him in that case; or to show cause to the contrary. The reasons for withholding the process assigned in answer to this writ, not being deemed sufficient by the supreme court, a peremptory mandamus was awarded. It may not be improper here to state that no person appeared in the supreme court on the part of the state, or on that of Mrs. Sergeant and Mrs. Waters, and that no arguments were offered on the part of Olmstead. The idea which I understand has gone abroad that the mandamus was awarded upon the single opinion of the chief Justice is too absurd to deserve a serious refutation. No instance of that sort ever did or could occur, and in this particular case, I do not recollect that there was one dissentient from the opinion pronounced.
Process of execution having been awarded by the judge of the district court in obedience to the mandamus, the defendant, general Michael Bright, commanding a brigade of the militia of the commonwealth of Pennsylvania, received orders from the governor of the state—"Immediately to have in readiness such a portion of the militia under his command as might be necessary to execute the orders, and to employ them to protect & defend the persons and property of the said Elizabeth Sergeant and Esther Waters from and against any process founded on the decree of the said Richard Peters, judge of the district court of the U. States aforesaid; and in virtue of which any officer under the direction of any court of the U. States may attempt to attach the persons or the property of the said Elizabeth Sergeant and Esther Waters."
A guard was accordingly placed at the houses of Mrs. Sergeant and Mrs. Waters, and it has been fully proved, and is admitted that the defendants with a full knowledge of the character of the marshal of this district and of his business, his commission and the process which he had to execute having been read to them, opposed with muskets and bayonets, the persevering efforts of that officer to serve the writ; and by such resistance prevented him from serving it.
There is no dispute about the facts—The defendants have called no witnesses—and their defence is rested upon the lawfulness of the acts laid in the indictment. They justify their conduct upon two grounds—1st. That the decree of the district court under which the process issued was coram non Judice , and to all intents and purposes void; and 2dly. That though it were a valid and binding decree, still that they cannot be questioned criminally for acting in obedience to the orders of the governor of this state.
The decree of the district court is said to be void, for two reasons; first, because the court of appeals had not a power to reverse the sentence of the court of admiralty founded upon the verdict of a jury; & 2dly, because the state of Pennsylvania claims an interest in the subject which was in controversy in the district court.
The first question is, was the decree of the court of appeals void for want of jurisdiction of the case in which it was made? But first let me ask; can this be made a question, at the present day, before this or any other court of the United States? We consider it to be so firmly settled by the highest judicial authority in the nation that it is not now to be questioned or shaken.
The power of the court of appeals to re-examine and reverse or affirm the sentence of the courts of admiralty established by the different states, though founded upon the verdicts of juries, was first considered and decided in the case of Doan and Penhallow , in the supreme court of the United States. The jurisdiction of that court to re-examine the whole cause as to both law and fact, was considered as resulting from the national character of an appellate prize court, and not from any grant of power by the state from whose court the appeal had been taken. The right of the state to limit the court of appeals in the exercise of its jurisdiction, was determined to be totally inadmissible. The same question was considered by the supreme court upon the motion for the mandamus, and decided to be settled and at rest. If it were necessary to give further support to the authority of these cases the opinion of the supreme court of Pennsylvania in Ross's executors vs. Rittenhouse , and the unanimous opinion of the old congress, with the exception of the representatives of this state, and one of the representatives of New Jersey might be mentioned. If reasons were required to strengthen the above decisions, those assigned by the committee of congress upon the case of the Active are believed to be conclusive.
But I think it will not be difficult to prove that the law of Pennsylvania passed on the 9th September, 1778, establishing a court of Admiralty in that state, neither by the terms of it, nor by a fair construction of its meaning, was intended to abridge the jurisdiction of the court of appeals in cases like the one under consideration. The words are, "that the jury shall be sworn or affirmed to return a true verdict upon the libel according to evidence; and the finding of the jury shall establish the facts without re-examination or appeal." The obvious meaning of this provision was, that if the jury found the facts upon which the law was to arise, those facts were to be considered as conclusive by the appellate court and not open to re-examination by the judges of that court; the legislature thinking it, no doubt, most safe to intrust the finding of facts to a jury of twelve men. But what was to be done, if the jury found no facts, as was the present case? If the appellate court were precluded from an inquiry into the facts, affirmance of the sentence appealed from would be inevitable. This absurdity then followed—In all cases it was necessary to impanel a jury to establish the facts, and in all cases , without exception, the party thinking himself aggrieved might appeal. But in every case where the jury chose to find a general verdict, the sentence appealed from must of necessity be affirmed. I cannot believe that this was the meaning of the legislature; and I do not think that the words of the law will fairly warrant such a construction.
Let me then put this question seriously to the jury. Will they have the vanity to think themselves wiser than all those who have passed opinions upon this important question of law? and will they undertake to decide that those opinions were erroneous?
Miserable indeed must be the condition of that community where the law is unsettled and decisions upon the very point are disregarded when they again come, directly or indirectly, into discussion. In such a state of things good men have nothing to hope and bad men nothing to fear. There is no standard by which the rights of property and the most estimable privileges to which the citizen is entitled can be regulated. All is doubt and uncertainty until the judge has pronounced the law of the particular case before him; but which carries with it no authority as to a similar case between other parties.
But suppose for a moment, against the settled law upon the point, that the court of appeals had not a power to re-examine the verdict of the jury in the case of the Active ; and on that account that the decree of the district court, in opposition to that of the court of admiralty was erroneous, it does not therefore follow that the district court had no jurisdiction of the case on which this process issued. If erroneous, it could only be re-examined and corrected in a superior court. But if the subject depended upon a question of prize or no prize, it was completely within the cognizance of the district court by the constitution and laws of the United States; the former of which grants to the federal courts, and the latter to the district courts, cognizance of all civil cases of admiralty and maritime jurisdiction. This is such a case; and we consider this circumstance to be decisive of the first point. We are happy on this occasion, as we are upon all others, to coincide in opinion with the learned and respectable gentleman who presides in the supreme judiciary of this state.
The next ground of objection to the jurisdiction of the district court is, that the state of Pennsylvania claimed an interest in the subject in dispute between the parties to that cause.
The amendment to the constitution upon which this question occurs, declares that "the judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States, by citizens of another state, or by citizens or subjects of any foreign state." It is certain that the suit in the district court was not commenced or prosecuted against the state of Pennsylvania. She was in no respect a party to that suit. But it is contended that under a fair construction of this amendment, if a state claims an interest in the subject in dispute, the case is not cognizable in a federal court. In most cases it will be found that the soundest and safest rule by which to arrive at the meaning and intention of a law, is to abide by the words which the law maker has used. If he has expressed himself so ambiguously that the plain interpretation of the words would lead to absurdity and to a contradiction of the obvious intention of the law, a more liberal course may be pursued. But if upon any occasion a strict rule should be observed, it ought to be in expounding the constitution; although I do not mean to say that even in that case this rule should be inflexible. Every reason is opposed to the construction contended for by the defendant's counsel; and to our apprehension, there is not one sound reason in favor of it. If the title to the thing in dispute be in the state, and this is made to appear to the court, it is inconceivable that the plaintiff should recover so as to disturb that right. But if he should recover, the state would not be bound by the judgment not being a party to it. This is by no means a new case—If one individual obtains a judgment or decree against another, the interest of a third person, not a party, will not be bound or prejudiced by the decision; but he may nevertheless assert his right in a court of justice against the party in possession of the property to which he claims title. The state cannot be forced into court, but she may come there if she pleases, in pursuit of her rights, and will no doubt do so upon all proper and necessary occasions. But if on the other hand, the mere claim of interest by a state in the subject in dispute between two citizens can have the magic effect of suspending all the functions of a court of justice over that subject, and of annihilating its decrees when pronounced, this effective and necessary branch of our government, and of all free governments, may be rendered useless at any moment, at the pleasure of a state. If the suit be prosecuted against a state, the court perceives at once its want of jurisdiction, and can dismiss the party at the threshold. But if a latent claim in the state, not known by any of the litigant parties, is sufficient to oust the jurisdiction, to annul the judgment when rendered, and to affect all the parties concerned with the consequences of carrying a void judgment into execution, the federal courts may become more than useless—they will be traps in which unwary suiters may be ensnared to their ruin. To illustrate this position the district attorney mentioned many very strong and very supposable cases. I will add one other, A. sues B. for a debt, or for property either real or personal in his possession. Conscious that he must pay the money, or lose his possession in consequence of the unquestionable title of his adversary, B. pays over the money, or conveys the property even pending the suit, to a third person, for the use of the state, and by this operation arrests the further progress of the suit, or avoids the judgment whenever it shall pass. A doctrine so unjust, and big with consequences so alarming, and so fatal to the general government, should have strong and unequivocal words to support it. The court would be very
"It is unnecessary for me to give any opinion concerning the right of the old court of appeals to reverse the decision of justice, contrary to the provisions of the act of assembly of Pennsylvania, under which the state court of admiralty was instituted. That is the point which occasioned so much jealousy and heart-burning between several of the states and the old congress—it divided the opinions of many men of unquestionable talents and integrity, and certainly was a question of no small difficulty. But the state of Pennsylvania having ratified the present constitution, did thereby virtually invest the courts of the United States with power to decide this controversy. They have decided it, and being clearly within their jurisdiction, I am not at liberty to consider it as now open to discussion. The Supreme Court of U.S. has more than once decided, that the old court of appeals had the power to reverse the verdicts of juries, notwithstanding the law of any state to the contrary. From the establishment of this principle, it is irresistibly results, that Gideon Olmstead and his associates, were entitled to the proceeds of the Active and her cargo, and may pursue them to whatever hands they may have fallen, unless indeed they have fallen into the hands of persons not subject to an action in the courts of the U. States."
(Chief Justice Tilton's opinion on the act of assembly of Pennsylvania, in the case of the Active and her cargo, etc.) It may, however, be observed that admitting the right in the first instance, the ultimate decision of the question belongs to the supreme judicial tribunal of the nation, if that decision be required, for the judicial power extends to all cases arising under the constitution and the laws of the United States, made in pursuance thereof; and the 25th section of the judicial law, with a view to secure to the national judiciary this important privilege, vests in the supreme court a power to review and affirm or reverse the decision of the highest court of law or equity in a state, where a question depending upon the construction of any clause in the constitution, treaty or statute of the United States had been decided against the title, &c. claimed under the constitution &c. It seems, however, that this power is considered as being unsafely lodged in the national courts because it may be abused for the purpose of drawing every case into the vortex of the federal jurisdiction. Whence can arise this jealousy? Have we judges of these courts, or of any courts, a great in extending the sphere of their
for that he held them as stakes for whoever might have title to them. Rittenhouse himself held them in his private capacity and not as treasurer, for his individual security against the bond given to Ross, and which was still outstanding when his decree was rendered. I know not how it is part of the subject can be made plainer.
There is another objection to the argument drawn from the interest of the state, which was not satisfactorily answered by Mr. Luginsool, to whom it was stated by the court, during this discussion. By the constitution of the U. States, the judicial power extends to all controversies between a state and citizens of another state, whatever might be the nature of the controversy, and no matter as to the court to which the cause might be assigned by the legislative distribution of the judicial powers. That amendment declares that the above provision shall not be construed to extend to any suit in law and equity commenced or prosecuted against a state by a citizen of another state or an alien. This was not a suit at law or in equity; but in a court of the law of nations and in a case of admiralty and maritime jurisdiction. The question put to the learned counsel, was, "is such a case excluded from the cognizance of the district court by this amendment?" The answer given was, that the amendment ought to be so construed, this case being equally within the mischief meant to be remedied: That is—the court is bound to supply the words "or to cases of admiralty & maritime jurisdiction." Would we be justified by any rule of law in admitting such an interpolation, even if a reason could not be assigned for the omission of those words in the amendment itself? I think not. In our various struggles to get at the spirit and intention of the framers of the constitution, I fear that this invaluable charter of our rights would in a very little time be entirely construed away, and become at length so disfigured that its founders would recollect very few of its original features. But there appears to be a solid reason for the limitation of the amendment to cases at law and in equity. And this will throw some light upon the preceding branch of this argument. Suits at law and in equity cannot be prosecuted against a state without making her a party, and the judgment acts directly upon her. But in what manner was the execution to be made effectual? The subject was a delicate one, and it was thought best to avoid having it practically tested. But in cases of admiralty and maritime jurisdiction, the property in dispute is generally in the possession of the court or of persons bound to produce it or its equivalent, and the proceedings are in rem . The court decides in whom the right is, and distributes the proceeds accordingly. In such a case the court need not depend upon the good will of a state claiming an interest in the thing, to enable it to execute its decree. All the world are parties to such a suit, and of course are bound by the sentence. The state may interpose her claim and have it decided.
But she cannot lie by, and after the decree is passed, say she was a party and therefore not bound for want of jurisdiction in the court. This doctrine in relation to the proceedings of a court of the law of nations and in which all nations are interested, might be productive of the most serious consequences to the general government, to whom is confided all our relations with foreign governments. At present advised, then, we think that the amendment to the constitution does not extend to suits of admiralty and maritime jurisdiction.
The second ground of justification is founded upon the orders of the governor of the state; issued as it is contended under sanction of a law of the state. Whether the true meaning of that law has been mistaken or not, it would perhaps ill become this court to decide; but it will not, I trust, be deemed indecorous if we express a hope that it was so. It is more agreeable to think that an individual should have been mistaken in his judgement (and in this case we are bound to think that the error, if any, was not of his heart) than that the legislature should have intended to open an attack upon the constitution and government of the United States. But if such was the design of the law, we must lament the circumstance, and must, without reserve, pronounce it to be unconstitutional and void. Upon what is the law predicated? Upon the validity of the sentence of the district court. But have the people of the U.S. confided to the legislatures of the states, or even to that of the U. States, the power to declare the judgements of the national courts null and void? could such a power be granted to them, without sapping the foundation of the government, and extinguishing the last spark of American liberty? It is a truth not to be questioned, that the power to declare the judgements of our courts void, can never be safely lodged with a body who may enforce its decision by the physical force of the people. This power necessarily resides in the judicial tribunals and can safely reside no where else. Whether a state court is competent to declare a judgement of a federal court void for want of jurisdiction, need not now be considered. It may, however, be observed that admitting the right in the first instance, the ultimate decision of the question belongs to the supreme judicial tribunal of the nation, if that decision be required, for the judicial power extends to all cases arising under the constitution and the laws of the United States, made in pursuance thereof; and the 25th section of the judicial law, with a view to secure to the national judiciary this important privilege, vests in the supreme court a power to review and affirm or reverse the decision of the highest court of law or equity in a state, where a question depending upon the construction of any clause in the constitution, treaty or statute of the United States had been decided against the title, &c. claimed under the constitution &c. It seems, however, that this power is considered as being unsafely lodged in the national courts because it may be abused for the purpose of drawing every case into the vortex of the federal jurisdiction. Whence can arise this jealousy? Have we judges of these courts, or of any courts, a great in extending the sphere of their

jurisdiction? Quite otherwise; the jurisdiction of the court is abridged, the labor of the judge is diminished. Is it a privilege which is claimed for the advantage of the court, or of the individuals who compose it? By no means. It is the privilege of the citizen, and as long as I have the honor of a seat on the bench, I will consider myself as one of the guardians of this privilege (a very feeble one I acknowledge) and with a steady and unswerving eye fixed upon the constitution as my guide, I shall march forward without entertaining the guilty wish to limit this privilege where the citizen may fairly claim it, or the desire not less criminal to enlarge its boundaries because it is claimed.
If then the validity of the decree of the District court be established upon the ground of reason—upon the basis of the constitution—In part upon the opinion of congress and decisions of the supreme federal and state courts more than once given, what follows? That the governor of this state had no power to order the defendants to array themselves against the U. S. acting through its judicial tribunals, and the legislature of the state was equally incompetent to clothe him with such a power, had it so intended. The defendants were bound by a paramount duty to the government of the union, and ought not to have obeyed the mandate. There were but two modes by which the general government could assert the supremacy of its power on this occasion—by the peaceful interference of the civil authority, or by the sword. The first has been tried and the defendants are now called to answer for their conduct before a jury of their country. Will any man be found bold enough to condemn this mode of proceeding, or complain that this alternative has been chosen? But if the accused can plead the orders of the governor, as a justification of their conduct, and if the efficiency of such a plea is established, the civil authority is done away, its means are inadequate to its end, and force must be resorted to. Are we prepared for such a state of things? The doctrine appears to us monstrous; the consequences of it terrible. We regret that it was broached. It was contended that in a case where a state government authorizes resistance to the process of a federal court, though in a cause wherein the court had competent jurisdiction, the only remedy in such an emergency is negotiation. If there were no federal, no common head, this position might be admitted, and on the failure of the negotiations, the ultima ratio must be resorted to. But under our constitution of government which declares the laws of the United States, made in pursuance of that instrument, the supreme law of the land, and which vests in the courts of the United States jurisdiction to try and decide particular cases, I am altogether at a loss to conceive how in the case stated, negotiations between the general and paramount government in relation to the powers granted to it, and a state government can be necessary, and could even be proper. I speak not of the power, but of the right of resistance.
But it is contended that the defendants, standing in the characters of subordinate officers to the governor and commander in chief of the state, were bound implicitly to obey his orders; and that although the orders were unlawful, still the officer and those under his command were justifiable in obeying them. This argument is imposing, but it is unsound. In a state of open and public war where military law prevails, and the present voice of national law is drowned in the roar of arms, subordinates must obey the orders of their superiors. But even there, the order of a superior officer to take the life of an enemy, or to invade the territory of his sovereign, to deprive him of his property would render the inferior against a charge of murder or of trespass in the regular judicial tribunals of the country.
In the case of Little and Bareme the supreme court felt every motive which could affect them as men, to excuse an unlawful act performed by a meritorious officer. He was at sea, without the possibility of consulting with counsel or others, as to the legality of the act he was about to execute, and which appeared to him to be authorized by the chief executive magistrate of the nation, in the instructions received from the navy department. Notwithstanding all these powerful pleas in his favor; pleas which were addressed strongly to the feeling of those who were to decide on his case, the supreme court conceived that the law of the land did not warrant the instructions given and consequently that the officer was not justified in what he did. I am not sure, but I am inclined to think that he afterwards obtained relief from congress.
This is said to be a hard case, upon the defendants, because if they had refused obedience to the order of the governor they would have been punished by the state. I acknowledge it is a hard case, but with this you have nothing to do, if the law is against the defendants. It may however be observed that had the defendants refused obedience and been prosecuted before a military or state court, they ought to have been acquitted upon the ground that the orders themselves were unlawful and void, and we ought of course to suppose that they would have been acquitted.
We enter not into the political discussions which have been so ably conducted on both sides—but we admonish you to discard from your minds all political considerations; all party feelings, and all federal or state prejudices. The questions involved in this case are in the highest degree momentous, and demand a cool & dispassionate consideration. We rely upon your integrity and wisdom for a decision which you can reconcile to your consciences, and to the duties which you owe to GOD and to your COUNTRY.
NEW-YORK, May 6. The ship Two Maries, Riley, of this port and the brig Edward of Philadelphia, with their cargoes, were condemned by the Council of Prizes at Paris on the 21st December, 1808. An appeal was made for the Two Maries to the Council of State, who have confirmed the decision, and both vessels and cargoes were definitively condemned about the first of March last.
ALEXANDRIA, May 8. A passenger in the ship United States informs, that the English had commenced the bombardment of the Saints a few days before he sailed. The three French men of war that escaped from the Saints had succeeded in getting into Guadalupe and landed a supply of provisions and men and had sailed again from that place. The morning after the ship sailed a gentleman came on board and informed that a vessel had just arrived from St. Thomas, which brought accounts of the capture of St. Domingo by the British.
It was expected that Guadalupe would not stand out long, the British had commenced the bombardment.
PHILADELPHIA, May 6. A letter from a gentleman in Baltimore, who has access to the best information, says, that General Turreau has received dispatches from the Esperance, but the nature of their contents has not been transpired. This much however, has been ascertained, that the gen. is to return to France, and to be succeeded by a new minister, who is to come out to this country with full powers to arrange every existing difference between the two governments. Bell.
We have been favored with the perusal of the letter alluded to. The contents are in substance as follows—
BALTIMORE, May 4. Turreau is here; also Mr. Erskine. Although negotiations are on foot, they are not likely to terminate until the ultimatum of our government is known in France and a vessel is to be immediately dispatched therewith. Of this Mr. Smith the Secretary of State, gave Mr. Turreau yesterday official notice, offers to take any dispatches for him.
Turreau is resolved, and another Minister is coming out to succeed him. A government vessel sails immediately from hence, it is supposed for England as the dispatches for the British ship Rosamond, arrived at Norfolk six hours after she had sailed. Turreau's expectation is, that the negotiations will terminate favorably.
THE INQUIRER. RICHMOND, MAY 12, 1809.
TO THE PUBLIC. The 6th Volume of this paper is now commencing. It is useless to point out the political principles or the general manner in which it will be conducted. These are before the world. As it has been in times past, so it shall be in times to come. Our spirit is yet strong—the same love of truth, of liberty, and of man, which has hitherto shone upon our pages, will yet continue to guide our steps. These are the only pillars of light, which can conduct the public journalist thro' the wilderness of error, into the land of promise and of liberty. In one respect, perhaps, this paper may improve—in a little more information and discernment on the part of its conductor.
Again it has resumed something of its miscellaneous character. Extracts from books, specimens of literature, eloquence and poetry, recipes for the benefit of the arts and agriculture, the newest discoveries in science, will once more adorn and cheer the last pages of our paper. If there should be an adjustment of our most pressing foreign concerns, of which there is now some reason to form hopes and expectations, the present administration of our affairs will rest upon a pillar of adamant—that will be less sphere for misrepresentation or abuse—less room for party attack and calumny—there will be less for political, and more for miscellaneous topics.
To a certain extent, the light of science must succeed the heats of political altercation. The public mind will have more leisure to direct its researches into various quarters. Thus it is that we want to make us illustrators of every thing. We have the freest government on the Earth—our people are the most enlightened on public concerns—we have only to invoke the presence of all the liberal arts and the sciences among us by adequate encouragement, and our glory will be complete. Let us establish schools wherever we can—bring learning as we have attempted to bring justice, as near as possible to every man's door—and the press where the press aids the people—establish Libraries and reading societies in our towns—and scatter books and all exciting excitements over the face of the country.
A few words for ourselves—We call upon those who are in arrears to us, to discharge them as soon as possible. For them, as well as for those who have honorably complied with their engagements, we have spent our money and our means, and met toll and undeserved obloquy in almost every shape. Is there a man who will confess himself to be base enough to wish us to make any sacrifices for him without an adequate compensation from him? If no man is so mean as to justify such an absurdity, why will he not act up to his convictions of right? Encouragement we have received from many, warm, liberal, equal to our wishes and perhaps more than equal to our desert. But from some, from too many, we have met with nothing but the "tooth of ingratitude." In vain have we and our compositors exhausted the midnight lamp of drudgery and toil—from these men we have received nothing but the first year's subscription, and subsequent promises, easily made and as easily broken. Is this fair? Is it just? The times seem to be growing more auspicious. A deep blush of unmerited prosperity and peace begins again to cheer the horizon. The hum of business is revived—produce has risen in its value—the resources of the people and the means of payment have expanded. While the embargo continued, though we suffered by it much, yet we promised to forbear to press our claims upon our subscribers. We did not. We submitted most cheerfully to those sacrifices, which the rights and honor of our country imposed upon every man. But as the times are beginning to change, we must change with them. In a few days, therefore, we shall transmit a circular letter to every one who is in arrears to this paper, stating the balance of his account. If there is no other redress left to us, we can at least strike off his name from our list.
Three or four have lately withdrawn their own names—and to gratify their political spleen and resentments, have suffered animalversions to escape from their pen, which are unworthy of the liberal mind. We regard them not. We can retort their strictures—we can charitably allow them all the pity and ridicule and contempt which they richly deserve. But whilst these gentlemen are thus eager to show their pride of party, would it not indicate a more honorable pride to pay off the arrearages they have contracted?—We put it to them as men of honor—to men who, while they wish to manifest the superiority of their principles, will not suffer themselves to be guilty of a meanness which may expose them to derision. We wish no man to take this paper, who does not wish to pay for it. We ask no favors of any man. We are free and independent. The public patronage may desert us, but so long as limbs and understanding remain, it is impossible to deprive us of the means of subsistence.
In place of the few above-named dissenters, we have obtained twice the number of genuine friends to "correct principles."
Henceforth, no paper will be addressed to any new subscriber, unless the cash has been paid down, or guaranteed by some responsible person in this city or Manchester. The same rule as to Advertisements. No old advertising customer will be indulged with a square in this paper, who has not shown some disposition to follow the square of morality, by making provision for the payment of those advertising accounts which are more than three months old.
The decree of the District court of Pennsylvania, has terminated, for the present the case of Olmstead. Gen. Bright and eight of his men have been condemned to mulet and imprisonment. Such a decision might have been necessary, to preserve the energy and character of the government. But as the victim is bound to the altar of the public, we trust that no further sacrifices will be made. Every purpose of public example has been answered. The efficiency of the government has been placed beyond dispute. The offender has been condemned and the people have submitted to the laws. Let then the sword of justice be sheathed.—Is it not to be desired, that the President of the U. S. would exercise his constitutional powers by remitting the punishment of the Court? The delicate description of the case for which these men were condemned; the concurrence of a state Legislature in their offence, the commands of the Executive, above all, the delicacy of the cause itself, contribute to raise these wishes in their favor.
We may now then look to the rights and sovereignty of the States. The peculiar form of our constitution has placed us between two extremes—Consolidation and Dissolution. We should guard against either. We must protect the rights of the States, not as Judge Washington unthinkingly says, for the sake of the "pride," but of the sovereignty of the States. Let us not suffer a consolidated constitution to rise upon their ruins.
But as the Courts are thus in some cases the arbiters of these rights, the states should have some security against the abuse of this power. The judges should be made more responsible. Judge Washington ought not to have said, that there were no cause for "Jealousy." Are there not some of these judges who would consider their additional power an adequate compensation for the additional labor incurred by "extending their jurisdiction?" What department is free from ambition? But even if they had no views of their own to gratify, can you strip them of all attachment to their party? Who were the political preachers of the "Olden Times?" Will the people of Virginia forget the political sermons which Judge Iredell &c. used to recite to our Grand Juries?
The true maxim in republics is—The more power, the more responsibility.
Will the State of Pennsylvania now sue Olmstead?
POLITICAL VIEWS.
The following letter from a gentleman in England explains in strong colours the past and present conduct of the British Ministry. It is written by an observer on the spot—addressed by a full-blooded American to a gentleman in South Carolina, under date of Feb. 25. We are indebted for it to the Charleston City Gazette.
For some months, during the last year, I scarcely dared to flatter myself that a period more favorable to my views would take place in any reasonable time; as I could not bring myself to believe, from the appearance of things, that any circumstances could happen which would change the very haughty tone the administration of this country had assumed towards America. The unexpected rising which took place in June last, in Spain, in opposition to the doings there of Napoleon, seemed to have infatuated them—one might have supposed, from the delirium which pervaded the nation, that the French had been entirely driven out of that country; that they would never be able to return to it; and that this country was to possess Spain and all its possessions, as effectually as if they were colonies to it. Hosts of Commissioners and Envoys arrived from that country, they were feasted and treated as no men had hitherto ever been before, and at one of the public dinners given to them, our Country and President were hissed, when an attempt was made to give them as a toast. We were told in the papers of the day, that Great Britain could do without us; that the embargo injured none but ourselves; that they had a vent for all their manufactures, of much greater consequence than the United States; in short, we were completely put in the back ground. Things continued in this way throughout the summer; the evanescent success of the British arms in Portugal, added to the delusion. Timothy Pickering's letter had arrived, it was printed in all the papers, and large quantities of pamphlets containing it, were dispersed in every part of the three kingdoms. Accounts were daily publishing here, taken from papers inimical to the administration of the United States, of dissensions in the Eastern States; of threats being made to dissolve the Union; and positive assurances were received, that the presidential election would terminate in favor of the federalists, and that Mr. Jefferson and the republican party would be set adrift; indeed, some were so grossly deceived by the distorted accounts given in these papers, of the situation of our affairs, as to believe that our country was in a fair way of returning to the allegiance she had formerly thrown off.
These things rendered their boasting intolerable; I never passed my time more disagreeable than when my business called me to mix with their politicians. But early in November things began to wear another face. The speech of the Emperor of France to his legislature was received; in this he announced his determination of carrying his arms into Spain and Portugal; and as he is known to be a man who is generally very punctual in performing those kind of promises, some considerate men here began to be apprehensive for the safety of the British army in Spain. It was also foreseen, that owing to a failure of the crop, there would be a scarcity of bread, and that as the ports of the continent were shut, and an embargo existed in the United States, no great relief could be looked for from those quarters; besides, every article wanted for the navy, and many in their manufactures, were arising to most enormous prices, and some of the first necessity were not to be had at any price. About this time also, accounts were received from your side of the water, which stated, that the chance of the federalists obtaining possession of the government was more than doubtful.
In this situation of things, the Ministry seemed unwilling to meet parliament; its
meeting was prorogued from time to time, probably in hopes that something favorable might turn up; but these hopes have been disappointed, and that most woefully; for you will have seen by the public papers, that a total overthrow of the army sent to assist the Spaniards, has been the fatal result of that more than Quixotic expedition; that the immense armies which were stated to have been raised by the Spaniards themselves have been swept away, and that that country has submitted to the arms of the Emperor.
Positive accounts were also received, that Mr. Madison had been elevated to the Presidency, by an overwhelming majority. This was an event so different from what the Ministry and its followers had been led to expect by their agents in America, that many of them became outrageous; and Timothy Pickering's letter, and the papers opposed to your administration, and their editors were loaded with execrations for having raised hopes which were all blasted. It was said that these deceptions originated either in ignorance of the state of the country, or from design; and that in either case, they were hereafter unworthy of any credit being given to them. At the meeting of Parliament could not be put off beyond January, the Ministry had to meet it then, in this forlorn situation; & as if their troubles were not great enough, an unexpected affair appeared to add to their embarrassments. The Duke of York, who had slighted a kept mistress of his, was held up to the nation by her, as having in the most scandalous manner, been concerned with her in a traffic of selling places in the army; and applying the money, thus shamefully obtained, to their private pleasures. These things all happening together, have worked a change here in the mind of the nation, that can only be conceived by those who are witnesses of it.
We hear no more ill-natured things lavished on our country, on the contrary, many able men in both houses of Parliament have spoken in the severest terms of reproach against the ministry, for not accepting the offers made by the president in August last, for the settling the disputes between the two nations; and the ministry appear to have been so convinced by these powerful attacks, and their other misfortunes, that it is now confidently asserted, that a messenger has been sent to America, to direct the minister there to settle the existing differences as soon as possible, and on the terms that have heretofore been scouted at by this Ministry. If this is so, I expect to hear of a good understanding being soon established; for, as the claims of our government on this, were founded in justice, they will, while they continue firm, in asking nothing more than they did when Mr. Canning was dealing out to our Minister here, those sarcastic remarks which appear in his letters just published and which certainly reflect no credit on him, or on his country.
Presuming that the information I have received is authentic, that the embargo will be raised, and that a change, favorable to our commerce with this country will soon take place; you will naturally wish to know what my opinion is, respecting that commerce. I will, therefore, merely say that all kinds of meals, flour, rice and wheat will bear a good profit, at least till the new crop comes in, in October next; and if that is not very abundant, the prices will continue to be good. This remark will also apply as to prices, to staves, timber, naval stores, and generally to all our raw materials, except cotton; but I cannot say any thing very favorable for it. I have learnt a fact here since my arrival, which I was ignorant of before, which is, that full half of the cotton received from the U. States was no further manufactured here, than to be spun into yarn, in which state it was exported to the continent, and made into cloth in Germany and other parts of the continent. As this trade is entirely cut off at present, (for it is an article too bulky to admit of being smuggled to advantage) that vent is stopped of course. The two crops of cotton which you have now on hand, will be more than can be called by the manufacturers here in the present unsettled state of things. The consequence, I draw from this, is, that it will be very low after a large quantity arrives, and perhaps will not afford any profit, to those who ship it.
DEATH!!!
Sudden and unaccountable. On Tuesday last, after a slight indisposition of about fifteen minutes, succeeded by a violent convulsion, that instantaneously ended his worldly career—MR. S. Q. TERRY, aged 25 years, late resident of this City, son of Mrs. MARY RAINS of King-William.
The industry and sobriety of this young Man endeared him to all that knew him—
"Watch therefore: for ye know not what hour your Lord doth come." "Death's great proprietor of all! 'tis thine To tread out empires, and to quench the stars. The sun himself by thy permission shines: And, one day, thou shalt pluck him from his sphere."
NEW ESTABLISHMENT OF THE BELL-TAVERN.
The exclusive management and superintendence of this House, has devolved upon the Subscriber, who, with Dr. Wm. Hoomes & Wilson Allen, are alone interested in it. No pains or expense has been spared to render this establishment one among the first upon the continent—and nothing, on the part of the subscriber, shall be wanting to support its reputation and deserve public patronage. There are 40 rooms in and attached to the tavern. The largest and most commodious Stable in the City, and every convenience necessary to render the House a good one. It has lately undergone considerable change, and thorough repair. The Subscriber has laid in an assortment of the best Liquors, and hopes, from his experience, to merit and meet with public support.
RICHARD C. WORTHAM.
ADVERTISEMENT.—Strayed or stolen from my lot, in the night of the 4th inst. a dark sorrel FILLY about fourteen hands high, with a blaze in her face, whose hind legs are white half way up, a long tail, badly grown for her age, being four years old this month. She is handsome from her hips forward, and discovers her blood, which is of the best in the state; she was got by Precipitate, whom she favors in marks and color. I will give $20 to the person who will restore her to me, and $30 more for the apprehension of the thief, so that he be brought to punishment. JNO. TYLER.
ANNA GOODWIN, will lease or sell immediately, her HOUSE & LOT, in this city, and near the Baptist Meeting-House, on the most reasonable terms, and will take a young likely Negro Girl, and a good saddle creature, in part pay for the same. She has also for sale, a number of articles of household FURNITURE on easy terms for the purchaser. May 12.
SALES BY AUCTION.
ON Tuesday, the 16th day of May, will be sold, on the premises, one 1/4 acre of ground on Shockoe-Hill, opposite the Dwelling-House of Mr. Robert Pollard, on the south side of the street—the said Lot will be divided into four lots of thirty-five feet front on the said street and extending back the depth of the entire lot, except fifteen feet which will be reserved as an alley for the use of all the purchasers. The terms of the sale will be one-fourth payable in three months, for which a note negotiable in the Bank of Virginia, will be required, with an approved endorser, the balance payable in twelve months, for which a deed of trust will be required upon the property. THOS. TAYLOR, Auctioneer. May 12.
THE SUBSCRIBERS,
TAKE LEAVE TO INFORM THEIR FRIENDS AND THE PUBLIC IN GENERAL, THAT THE
EAGLE-TAVERN,
IN the City of Richmond, will hereafter be conducted under the immediate management of GEORGE TURNER, they having formed an engagement for this purpose. They entertain the most sanguine hopes that their unremitting exertions will entitle them to patronage and favor. Every comfort which necessity may require, or which taste may suggest, will be procured with avidity and pleasure. They are determined, if possible, to render the EAGLE, in every department of their business, agreeable to their guests, and a pleasant abode to the stranger. Their solicitude upon this score has induced them, at considerable expense, to make some important changes in the arrangement of the rooms. They feel a great share of confidence, in assuring their friends that they will meet, with every convenience and attention that a house of this character is calculated to afford. Their Bed-Rooms are furnished with an entire new set of beds and furniture, with a suit of curtains to each, and the floor covered with carpets. Their stables are large & commodious (which will always be furnished with a full supply of the best provender the country affords) stands within twenty steps of the house, with a pump of excellent water at the door, for the purpose of watering and washing the horses. They take leave further to state, that a COFFEE-ROOM has lately been established in one of the rooms of the Eagle, in which the newspapers from all the principal towns on the continent are to be seen. With these advantages, & these determinations, in which they are resolved never to relax, they can but hope for the most flattering success. GEORGE TURNER, JAMES S. SMITHERS. N. B. The printers throughout the U. States who now direct their papers to Jas. S. Smithers, are requested to insert the above one week, and in future direct to Turner and Smithers. G. T. & J. S. S. May 9.
FOR LIVERPOOL, The good staunch Brig, ROBERT BARCLAY, CAPTAIN HOWLAND, Is now landing at City Point, and as three fourths of her Cargo is under way, will be despatched immediately. Flour, Cotton or Tobacco will be received at a moderate rate of freight. For terms, apply to, Mr. Thomas Tredway, Manchester, or the Subscriber, ROBERT POLLOK. Petersburg, May 12.
FOR LONDON, The good and fast sailing ship, FRANCES & MARY, CAPT. HITCH, Is now ready to load, at City Point, and having two thirds of her Cargo ready to go on board will be despatched with speed. Has elegant accommodation for passengers, and can accommodate 8 or 10 genteely, if immediate application be made. For terms, apply to Mr. Thomas Tredway, Manchester, or the Subscriber, ROBERT POLLOK. Petersburg, May 12.
TO THE SUBSCRIBERS to the HISTORY OF VIRGINIA.
When I issued my prospectus in August last, I was under the impression that Mr. Burk had prepared materials for composing the fourth volume of his work. My surprise, then, will readily be imagined, have been great, and my embarrassment extreme, on finding that this very important work had not left behind him, in his death, any single document of a later date than the History of a later date. I had received information that a fourth volume was actually in the press, this part of the phraseology being my own, viz. that "I had undertaken to complete the fourth volume, left unfinished by the late Mr. Burk." What I then supposed I had to be was, to complete an unfinished volume, a project which was actually written, and materials selected for composing the whole. On the contrary my undertaking has turned out to be, the labor of collecting materials, for an entire work commencing with the Revolutionary War. I have the satisfaction of assuring the subscribers, that I have nearly overcome the difficulties which unexpectedly obstructed my progress and that the delay in the publication, which I foresee must take place, will be more than compensated by the increased value and authenticity of the materials from which the Fourth Volume of the History of Virginia will be composed. I have thought proper to make this communication, as well to account for unexpected delays, as to show that I ad the situation of things being, as I was led to believe they were, I made no assertion in my prospectus, which I could not have verified—no promise with which I could not have complied. SKELTON JONES. May 12.
HOUSES & LOTS—FOR SALE.
One of the last will and testate of the late Mr. Means, dec'd, will be sold, to the highest bidder, on Tuesday the 16th inst. at the following LANDS & TOWN LOTS, in the city of Richmond—viz.
Some wooden HOUSES & LOTS, situated opposite to Crouch's Tavern, on Shockoe Hill, up by the governor's.
A HOUSE & LOT upon the south side of the street, and a moiety of another HOUSE upon the north side of the same, and the third of the LOT belonging to it.
The TENEMENT where the Testator lived, and a naked LOTT of Land adjoining to it.
Part of a naked lot of LAND, lying between the dwelling-house of Augustine Davis and the Basin.
The sale will commence at the house where the testator lived, and will be adjourned to the other tenements successively, until the whole is sold. Twelve months credit will be allowed to the purchasers to give bond and approved security together with a deed of trust upon the property, to ensure punctilious payment of the purchase money. DANIEL CALL, of the last Will and Testament of the said Means. ROBT. M. CALL. May 12.

MISCELLANEOUS.
FOR THE ENQUIRER.
To shoot the manner living as they rise.
Extract of a letter from Timothy Ploughshare to his friend in the country, dated City of Richmond, May 9th.
You have read, my friend, the merry adventures of Tristram Shandy—where Sterne describes the appearance of the man with the long nose, who raised such a confounded dust in Strasburg.
Such were the words that burst from my lips, after I had been but one hour in this great city, the mars of commerce, and the metropolis of Virginia.
Would you believe it? This cart-wheel mania seems resistless in its influence. Sides are taken—bets are made—some even swear to stake their whole estates upon their opinions.
My friend, that from my youth upwards I had a strange delight in wheels, experiments, or whatever you will call them.
But, I will show you by an experiment, how it is. Q. Take a round piece of plank—draw its diameter—and at its opposite end, near the rim, fix two pins' heads.
Q. The upper, most certainly. A fly that is on the top of the wheel moves quicker, than one at the bottom. E. Phew! Impossible!
shall not turn your brain by describing to you the exact point of the wheel.
why do not the parts fly off from each other, and the wheel fall to pieces? How can any one part of the same connected thing move faster than any other?
Q. Not so many questions at once, my friend. We must first fix on some general standard of velocity. What do you mean by one thing's moving faster than another?
E. But the wheel! the wheel! Q. Well, sir, I was about to proceed from my lever to your wheel. The one serves to reconcile the mind to the other.
Q. Indeed! And pray, what makes the wheel turn over at all? E. Sir, do you mean to insinuate my understanding by such a trifling question?
Q. True, then, you concede that there are the momentary centres of motion round which the whole turns. The perpendicular diameter becomes pro tem. my lever moving on this point.
But, I will show you by an experiment, how it is. Q. Take a round piece of plank—draw its diameter—and at its opposite end, near the rim, fix two pins' heads.
Snob, my dear friend was the cause of my dialogue with my merchant. You will smile, at its singularity—but I feel all the pride of a connoisseur, when I tell you—Liee, Sir, laugh, but learn.
TIMOTHY PLOUGHSHARE.
The following classical impromptu on the resignation of Mr. Jefferson, was furnished for the Missouri Gazette, by a Correspondent.
"Sol occubuit, et nax nulla secuta est." This is a compliment both to Jefferson and to Madison.
TRANSLATION.—The Sun retires, but darkness does not follow.
Though the common practice of punning may sometimes disgust for want of wit, the following by one who was fond of tea, and yet found that it affected his health, deserves to be preserved:
Nec tecum possum vivere nec sine tea. TRANSLATION.—There is no living with thee nor without thee....Monitor.
MAMMOTH TOOTH.
On Monday, the 24th instant, we had the pleasure of seeing a Tooth, said to be one of the grinders of the Mammoth, found in the state of Ohio; it weighed six pounds, and is in a good state of preservation, except on one side, where a thin piece had split nearly off; but the face of the tooth, which appeared to be about three and an half by six inches, has no more appearance of decay, than if just extracted from the jaw.
The Gloucester Bank (Mass.) with a capital of 40,000 dollars loaned to Andrew Dexter eight hundred and forty thousand dollars, at two per cent. interest, payable in eight years! This may be called an extensive business.
MRS. CLARK.
This woman, the daughter of a Journeyman printer, is styled in London THE FEMALE GIL BLAS. The following sketch is from a London paper:
Mrs. Clark who was examined in the House of Commons, on Wednesday last, was summoned to attend the house about twenty minutes before eight o'clock on that day, and she came readily through the lobby, with a light step and a smiling countenance.
Mrs. Clark's maiden name was Thompson, & her family was inferior to that of her husband—Before she was quite fifteen, she married Mr. Clark, the second son of a very eminent, wealthy and respectable brick-layer, who had been largely employed in the city of London.
THE ELOPEMENT.
There is no truth in the report that was universally circulated on Wednesday, that Lord Paget had been killed in a duel, in consequence of his elopement with lady Charlotte Wellesley.
The elopement took place on Monday afternoon. Mr. Henry Wellesley, who is secretary of the treasury, had spoken, it seems, more pointedly than ever to lady Charlotte, on the very marked and constant attentions of Lord Paget, which, (though from the long and confidential friendship which had subsisted between the families, he did not apprehend to be dishonorable,) might affect her reputation in the world.
happiness could be so wretched. The two sisters, lady Charlotte and lady Emily Caldon, married two brothers, Henry and William Wellesley. Lord Paget is married to one of the beautiful daughters of lady Jersey, by whom he has a numerous family.
Lord Paget, it is understood, has resigned his commissions in the British army, and is about to repair as a volunteer to the Austrian service.
AUSTIN BROCKENBROUGH.
IN CHANCERY.—Buckingham County March Court, 1809. James James Plaintiff against William Cannon, William Anderson, senior, and William Anderson, Jr. Defendants.
IN CHANCERY.—Charlotte Court, March 7th, 1809. Robert Smith, Plaintiff against James Weaver and Wm. Smith Defendants.
IN CHANCERY.—Charlotte Court, March 7th, 1809. Robert Bailey, administrator of Lucy Bailey, dec'd. Plaintiff against William Smith, administrator and distributee of John Smith, dec'd.
IN CHANCERY.—Charlotte Court, March 7th, 1809. Stephen Smith, Plaintiff against Nathan Zackery and Thomas M. Dearman, Defendants.
VALUABLE PROPERTY FOR SALE.
Being about to move to the Western Country—I wish to sell the following valuable property—That valuable and highly improved scite Fairfield.
On the east side of the Fairfield Race Ground; on this is a newly built two story dining house fifty by twenty, below is three rooms, above is a room the full size of the house, a barr room and a stand for the Judges, plan'd perhaps superior to any in this country, with several small booths, a well of good water in the yard; an excellent apple Orchard of choice latter fruit; also about ten likely NEGROES, one a Barber equal to any in this country, a good Cook, &c.
DURSUNT to a decretal order of the chancery District court of Williamsburg, which he offered for sale, at Westmoreland court-house, on the 4th Monday in May next, being court day for that valuable FARM, situated on Non river, in the county of Westmoreland, the property of John Matthews, late of said county, containing 643 acres.
JAMES R. MICOUE informs his friends & the public that he keeps Tavern, in Tappahannock, in those rooms which he has occupied the last year by Mr. John Belfield and formerly kept as a public house by Mr. John Cox.
LANDING from the Schooner RICHMOND, Isaac Seaman, Master:—50 Boxes Raisins, 10 Bales Soft Shelled Almonds, 5 Casks Green Coffee, 19 Barrels Prime Pork, and 1 Pipe London Particular Madeira Wine.
FOR SALE BY, GEORGE WATT, january 17.
STOP THE THIEF!—Broken open and stolen out of the subscribers' Stable, in Petersburg, on Saturday night, the twenty-second instant.
A ROAN HORSE, Eight years old, five feet one or two inches high, with a bobtail nicked, strong and well formed, and in good condition, moves well, and paces remarkably fast.
ALSO, stolen at the same time, a SADDLE & BRIDLE, with a very large plated Bitt and Burdon. We will give TWENTY DOLLARS for information of the said Horse, Saddle & Bridle, so that we get them again, and Fifty dollars on conviction of the thief.
REMOVAL.
The Subscribers (in consequence of the late Fire) have removed to brick tenement belonging to Messrs. J. & R. Gamble, on the street leading to Mayo's Bridge, opposite Messrs. Brown and Rives's Accomplish-House, where they have for sale, a general assortment of GERMAN GOODS, consisting of—Oznaburgs & Ticklenburgs, Bed Shirting Linen, Dantzic Rolls, Damask Table Cloths, Brown Rolls, Looking Glasses, Sheetings, Liquor Cases, Dowlas, Quart, Pink and 1/2 Pint, Platters, Decanters.
RACING!
The Tappahannock JOCKEY CLUB RACES, will commence on Thursday the 25th May next. 1st DAY—The Jockey Club Purse of $320 four mile heats. 2nd DAY—The Jockey Club Purse of $240 three mile heats. 3rd DAY—The Proprietor's Purse of $100 entrance 10 dollars, two mile heats, (five horses or no race).
WEIGHTS AS FOLLOWS: An aged horse, lb. 130 4 Years old, lb. 100 5 years old 120 3 Do. 85 6 Do. 110 And under that age a feather.
The course, &c. will be in good order, and the referee may expect fine sport; stables and feed provided gratis, upon application to the proprietor of the course. A. S. BROCKENBROUGH, Secretary and Treasurer.
The Secretary cannot state accurately the amount of each day's purse, but supposes they will be as above stated, after deducting the Jockey Club Purse and the expense of advertising the races from the subscription.
FOR SALE.—By virtue of a deed of trust, executed by Pleasant Younghusband, in his life time, and recorded in the General Court—will be sold, on the twenty-second day of next month (May), at the Eagle Tavern, in the city of Richmond, four hundred and ninety-three acres of LAND, in the county of Henrico, being the tract of LAND wherein Francis Lewis, dec'd. resided until his death, which Land was devised to said Younghusband, by Moses Davis and wife.
DAVID BULLOCK, THOS. NORVELL, } Trustees. April 28.
S. & J. JACOBS, are just receiving a hand-some assortment of Spring GOODS, Amongst which are, 6-4 Cotton Cambrics, Yellow Nankeens, 4-4 Do. do. Blue do. 6-4 Figured Lenos, Muslinet, 4-4 Do. do. Dimities, 1 trunk supr. Plates, Bombazetts, 1 do. Curtain Callico, Bandanna Hh'kfs. Silk Shambray, A handsome assortment, Black Lutstring, Tostome Combs, Plaid do. 1 bale superfine Baftas, Florentine Waistcoating, 1 do. Mowmammadies, Marseilles do.
An elegant assortment Floor Carpeting. With a number of other articles too numerous to enumerate. All of which will be sold at reduced prices for cash. April 28.
HATS, SHOES, PORTER, &c.
D. J. BURN, offers for sale, at the same house in which is kept the Penitentiary Store, second door above the Eagle-Tavern, A COMPLETE ASSORTMENT OF HATS. Including Gentlemen's black, drab and patent Silk BEAVERS, CASTORS, RORUMS, &c. Clip and Leghorn Hats, Mens' and Boys' Wool do. Servants' Glazed Leather do. Hatters' Trimmings and Materials.
SHOES. Ladies' Morocco and Kid Slips and Ties, Gentlemen's superfine press Shoes and Pumps. Constantly on hand a large stock of bottled Porter, Ale and Cider, Philadelphia Beer, &c. April 18.
Merchant's, Lawyer's, Sheriff's and Constable's BLANKS, For Sale at this Office.