The enquirer (Richmond, Va.), 1809-01-12 00:00:00

The Enquirer.
Vol. 5.]
RICHMOND, THURSDAY, JANUARY 12, 1809.
[No. 79.]
PUBLISHED BY THOMAS RITCHIE, DE- POSITE THE GOVERNMENT TAVERN, AT FIVE DOL- LARS PER ANNUM, PAYABLE IN ADVANCE.
TO THE LOVERS OF NATURAL HISTORY.
A NEW & SUPERB WORK, BEING THE FIRST OF THE KIND EVER ATTEMPTED IN AMERICA.
NOW PUBLISHING, By Subscription, by Bradford & Inskeep, Philadelphia, in imperial quarto, price $12, per vol. handsomely half bound in Morocco.—Volume 1. of
AMERICAN ORNITHOLOGY OR, THE NATURAL HISTORY OF THE BIRDS OF THE
UNITED STATES; Comprehending those resident within our terri- tory, & those that migrate thither from other regions, among which will be found a great number of land and water birds, hitherto undescribed—specifying the class, order, and genus to which each particular species belongs—following, with a few exceptions, the arrangement of Latham—describing their size, plumage, place of resort, general habits, pecu- liarities, food, mode of constructing their nests, term of incubation, migration, &c. &c. Illustrated with Plates, engraved & colored from original drawings taken from Nature.
BY ALEXANDER WILSON.
IT is now upwards of a year since the prospectus of this work was first issued; but owing to a train of unforeseen events, its publication has been retarded to the present time. During this temporary suspension, the author has had leisure to review and reconsider his plan, and to new model it in such a manner as will render the work, in point of elegance, not inferior to any of the kind that has appeared in Europe; and as the whole materials of its mechanical parts, the produce and manufacture of our own country, the publishers trust it will stand not only among ourselves but with foreigners, as an honorable testimony of the state of the arts, in this young and growing empire.
The original design was to publish the work in Numbers, each to contain 3 plates; but the inconvenience of parceling it out into such small parts, and the injury that both the engravings & letter-press, would inevitably sustain, in that detached and exposed state, induced the author to abandon it for a more commodious and respecta- ble form, better suited to the nature of the publication. Those gentlemen, therefore, who were pleased to patronize the work under its first form, will, it is hoped, approve of the change; and are assiberty to withdraw their names, or to extend their patronage to the present.
CONDITIONS.
The first volume being now ready for publication, will be submitted to the inspection of those gentlemen desirous of promoting the study of Na- tural History, and the progress of the arts in this country. It is printed in large imperial quarto, on a rich vellum paper, made by Mr. Amies of Philadelphia. The type was cast by Binney and Ronaldson; and the general execution of the whole, it is presumed, will lose nothing by a comparison with the most finished European publication.
Vol. I. contains 9 plates, each 13 inches by 10, comprehending the figures of 38 of our native birds, of the size of life, engraved by Lawson and Murray, from the original drawing; and colored from nature with the most scrupulous attention to the true tints of the originals; the descriptive part consists of about 160 pages.
Ten volumes it is expected will comprehend the whole; one of which of the same size and price with the present, containing a like number of plates, and executed in the same style of elegance will be published every six months until the whole be completed.
Any subscriber who, on the publication of the second volume, disapproves of the work, shall be at liberty to withdraw his name.
A list of the names of those who patronize this splendid national work will be printed in the last volume.
Subscriptions will be received at the Book- store of Mr. Samuel Pleasants, Richmond, and by the Author, who is now in this city for that purpose.
January 7.
[2]
JAMES SEABROOK, TAYLOR, returns his grateful thanks to his friends and the public, for their liberal encouragement, and informs them, that he has removed from Harris's Corner, to the House lately occupied by Mr. William Pritchard, Book-Seller, next door above the Post-Office, where all commands, in his line, will be thankfully recei- ved, and punctually attended to—and that he still continues, constantly, to receive the newest fashions from Philadelphia. Jan. 5. 2a2w2c-1aw4w
FOR SALE, a very likely Negro WOMAN, about 25 years of age, a good Seamstress, and used to the House—with her daughter, a- bout 9 or 10, also used to the House.—Apply at this office. Dec. 29.
THE JAMES RIVER COMPANY, at their Annual General Meeting, have declared a dividend of one and a half per cent. which will be paid on application to
ROBERT POLLARD, Treasurer.
January 10.
IN pursuance of a deed of trust, executed to the subscribers, by John P. Shields and Jane C. Shields, to secure the payment of several sums of money therein mentioned, to Henry Cary— will be exposed for sale, on the premises, for cash, on Monday the 23d instant, the balance of that valuable tract of LAND, called and known by the name of Sallie's Hill, lying in the county of Chesterfield, and in the vicinity of the Coal Pits, or so much thereof, as will be sufficient to meet the insertion of said trust deed, together with the expenses of sale.
REV. C. STANARD, ARCH'D WOOLDRIDGE.
January 10.
1aw3w
MUSICK—JOHN J. ABERCROMBY, ha- ving returned from his tour to the North- ward, begs leave to acquaint his friends and the public, that he still continues teaching, in this ci- ty, on the Piano, Violin and Guitar. He likewise tunes instruments as formerly, and respectfully solicits the favor of their patronage.
Applications at Messrs. Pritchard & Adams, Mr. Pleasants's, and Mr. Shields's, will be duly attended to.
Dec. 24.
oaw1m
N. B. Mr. Abercromby could conveniently at- tend three or four pupils in Manchester.
CONGRESS.
DEBATE IN THE SENATE, ON MR. GILES'S BILL FOR FURTHER ENFORCING THE EMBARGO LAWS.
Mr. Goodrich.—This bill making further provision for enforcing the embargo, re- quires our attention. We are not on or- dinary business. An embargo for an ind- efinite period, over a great country like ours abounding in raw staples and domestic pro- duce, and carrying on in its own vessels an extensive and profitable commerce, is a phenomenon in the civilized world. We are about entering on the second year of this novel measure, and even in defiance of the lessons, which experience teaches, that without producing any beneficial results, it is embroiling the choicest interests of the nation. On foreign powers it has made no impression—and its ruinous effects on our own country, we see in the waste of pri- vate property and public revenue—in the discontents of our citizens—in the perplexed state of the public councils, and the increas- ing difficulties that are fast gathering around the government. The friends of the em- bargo say it has been evaded and violated, but that when strictly enforced, it will compel foreign nations to respect our rights. Under these impressions the system is to be main- tained. To enforce it, the powers of the government are to be put in array through- out our country, especially in places where discontents are manifested, and an exten- sion is to be given to that system of arbitrary seizures of vessels, goods, merchandise and domestic products, on suspicion of their be- ing intended for exportation, which came in with the embargo laws, and has attended their execution.
In all this, sir, I see nothing that is to con- ciliate the conflicting opinions and passions of our citizens, and restore concord among them. I see nothing that will invigorate the public councils, and resuscitate the dormant spirit and resources of the nation. To me it seems that the administration, without presenting to public view any definite object or course, are pressing forward our affairs into a chaos of inextricable difficulties. And I cannot but regard this bill as holding a prominent place among the measures leading to that unfortunate issue.
This bill bears marks of distrust, en- tertained by the government of the people, or a considerable portion of them, and of the state authorities; it places the coasting trade under further and vexatious restraints, as well as its general regulation, under the control of the president; it interrenches on the municipal policy of the states, and the intercourse of the people in their ordinary business; and, what above all will wound the public sentiment, for the accustomed & usual means of executing the laws by civil process through the tribunals of justice, it substitutes military powers to be called out and exercised, not in aid, but in place, of the civil authorities.
To show that this is a correct delineation of the character, principles and provisions of the bill, I ask, sir, your attention to an elucidation of its most important sec- tions.
Not having had time critically to examine the two first, which have been lately intro- duced by way of amendment, I pass them without remark, leaving it for gentlemen who may follow, to point out their extra- vagant and oppressive principles.
This bill, as I before observed to you, sir, subject the coasting trade to further and vexatious restraints, and places it under the control of the president.
It is enacted (section 8) "It shall not be lawful to put on board any ship, vessel or boat of any description whatever, any spe- cie or goods, wares or merchandise, either of domestic or foreign growth, produce or manufacture, and the same is hereby pro- hibited, unless a permit particularly stating the articles thus to be laden, shall have been previously obtained from the collector of the district in which such ship, vessel or boat may then be, or from a revenue officer especially authorized by the collector to grant such permits: nor unless the lading shall be made under the inspection of the proper revenue officers nor unless the owner or owners, consignee, or factor of such ship, vessel or boat shall, with the master, having given bonds with one or more sureties to the U.S. in a sum of six times the value of the vessel and cargo, that the vessel shall not leave the port without a clearance, nor shall, when leaving the port, proceed to a foreign port or place, nor shall put any ar- ticle on board of any other vessel; and that the whole cargo shall be re-laden either in the port where the vessel may then be, or in such other of the U.S. as shall be desig- nated in the clearance. And it shall be lawful for the collectors of the customs to refuse permission to put any cargo on board any such ship, vessel or boat, whenever in their opinion there is an intention to violate the embargo, or whenever they shall have received instructions to that effect by di- rection of the president of the U.S. States, Provided, that nothing contained in this section shall be construed to extend to any ship, vessel or boat uniformly employed in the navigation only of bays, sounds, rivers and lakes within the jurisdiction of the United States, which shall have obtained a general permission, agreeably to the provisions in the section of this act."
This third section regulates all that branch of the coasting trade not confined to rivers, bays, sounds and lakes.
The sum required in the bond is six times the value of the vessel and cargo, and as is said by those well informed, in most cases will amount to fifteen or twenty thousand dollars. It is apprehended that many coas- ters will not be able to obtain sureties for that sum. Many of the owners of coasting ves- sels are men of moderate property, belong- ing to the middle class of society in point of wealth, the most numerous and not least meritorious class of citizens, whom sudden & adverse changes and consequent loss of busi- ness, first affect and depress.
Should the excessive amount of the bonds drive this description of coasters out of their regular employment and throw it into the
hands of competitors of larger capitals, we shall have an additional evil to those grow- ing out of the embargo to deplore. The coasting trade is nearly ruined already by the destruction of the foreign trade. Both these valuable interests, like the other great interests of a free and commercial people, are interwoven with each other, and, while we are shut out from a commercial inter- course with the rest of the world, the gov- ernment ought to afford by every facility in its power an encouragement to a commercial intercourse between the states.
The collectors may refuse permission to put a cargo on board of any ship, vessel or boat specified in this section, whenever, in their opinion there is an intention to violate the embargo, or whenever they shall have received instructions to that effect by direc- tion of the president of the United States.
Hereby, the collectors are deputed to be viceroys over commerce in the spheres they occupy under the supremacy of the presi- dent. As we shall meet with an analogous provision in a subsequent paragraph, I at present wave further remarks on the danger- ous policy of vesting the President with such enormous power.
The fifth section treats of the trade uni- formly carried on in rivers, bays, sounds and lakes. It is there enacted, "That the col- lectors of customs be, and they are hereby authorized to grant, under such general in- struction as the President of the U.S. States may give to that effect, a general permissi- on to ships, vessels, or boats, whose employ- ment has uniformly been confined to the na- vigation of bays, sounds, rivers or lakes with- in the jurisdiction of the U.S. States, when it can be done without danger of the embargo being violated, to take on board at any time such articles of domestic or foreign growth as may be designated in such general permissi- on or permissions, bound with one or more sureties being previously given to the United States by the owner, owners, consignee or factors of such ship, vessel or boat, and by the master thereof in an amount equal to three hundred dollars for each ton of the said vessel, that such vessel shall not, dur- ing the time limited in the condition of the bond, depart from any district of the United States without having previously obtained a clearance, nor until the master or comman- der shall have delivered to the collector or surveyor of the port of departure a manifest of the whole cargo on board, that the said vessel shall not, during the time above men- tioned, proceed to any other port, than that mentioned in her clearance, or put any ar- ticle on board of any other vessel, or be em- ployed in any foreign trade; and that on e- very voyage or trip the whole of the cargo shall be landed in a port of the U.S. States within the bay, sound, rivers or lakes to which the navigation of such vessel is confined."
The amount of the bond prescribed in the clause, is three hundred dollars for each ton of the vessel; and it is not less objectionable on account of its magnitude, than in the case I have just animadverted on, whether com- pared with the relative abilities of the two classes of coasters on whom the respective provisions operate, or the objects in view— and it is more grievous to the districts of country dependant on the trade and ultimate- ly concerned in its prosperity. The naviga- tion of the ocean, we deny, and have long de- nied to our citizens—that between states is implied; and I fear we are going on, from time to time by piece meal, to offer up the trade between districts of the same state at the shrine of our embargo system.
The coasting trade is placed under the regulation of the President by this bill.
1. Collectors may refuse permission to put a cargo on board of any ship, vessel, or boat in every case where they have their own per- sonal suspicions, that it is intended for foreign exportation, and in every case which may be comprehended within the scope of any general instructions issued by command of the President. But there is a proviso as to coast- ing vessels uniformly employed in the naviga- tion of bays, sounds, rivers & lakes, which shall have obtained a permission.
2. General permission may be granted to the last mentioned vessels, under such general instructions as the President of the U.S. States may give when it can be done without danger of the embargo being violated to take on board such articles as may be designated in such general permission or permissions.
By these general instructions, the presi- dent may prescribe the kind, and quantity of exports from, and imports into the individual states, and from and to the particular dis- tricts within a state,—he may suspend them in part or in whole.
The power of issuing general instructions now proposed to be given to the President by law, he exercised in the recess of Congress, and in my opinion without law. The gover- nor of Massachusetts was authorised to give certificates, or licenses for the importation of flour into that state; and under general instructions from the president, without per- sonal suspicion of his own, the collector of S. Carolina detained a vessel; which called forth the independent exercise of the judicial power of the circuit court in that state, to control the President's instruction. I am sensible the administration and its friends have an arduous task in executing the em- bargo—difficulties beset them on every side —difficulties inherent in the measure itself, & not to be overcome by accumulating rigorous penalties, and the extension of the executive power. The power to regulate commerce is vested in Congress; and by granting it to the President, do we not transfer to him one of the most important and delicate of the le- gislative powers? What state would have ad- opted the constitution, if it had been fore- seen that this power would be granted to any man, however distinguished by office?
I will in this place notice one or two objec- tionable clauses in the bill not immediately connected with either of the points I have discussed.
By a clause in the 8th section, it is provi- ded, that in a suit on a bond for not re- lading goods, wares and merchandise, and failing to produce a certificate thereof, capture, distress, or any other accident shall not be given in plea, or admitted in evidence in any such suit. The doctrine here assum- ed, that capture, distress, or any other ac- cident shall not be plead or given in evidence, infringes the first principle of justice, and
involves innocence in the punishment of guilt, together with its disgraceful and ruinous con- sequences. The crime created by the bill, is that of a person's clearing out a vessel and cargo for a port in the U.S. States, and volun- tarily going contrary to law, to a foreign port. To a case of capture, of being pre- vented by the act of God, from reaching the destined port, there can be no pretence of crime. And will Congress declare an offence by statute, and deny to a party accused, the right of a pleading, and giving in evidence the only matter of fact that goes to his ex- culpation? Of what use is the trial by jury, for ages revered as the palladium of innocence against the oppression of power, if it may thus be narrowed down and perverted? And for what cause is this principle to be intro- duced? Are courts and juries distrust- ed? And therefore it is that the established usages and rules of trials are to be abandon- ed? The secretary of the treasury, 'tis said, may remit and mitigate forfeitures and pe- nalties; and he will give relief. So innocence is to sue, as a favor for relief, from pen- alties and forfeitures awarded to guilt, from a Secretary of the Treasury, when it is entit- led to an acquittal in a court of justice.
It is made lawful by the 7th section of the bill for collectors to withhold a license or re- gister for a vessel, when sold, unless a bond shall be given by the owner previous to the sale that such ship or vessel shall not contra- vene the embargo acts.
The provision infringes an essential right of property, and is as oppressive as it is un- just. Owners of vessels already deprived of their use by an embargo, are to be prevented from disposing of them in payment of their debts or for other purposes, unless on condi- tion of becoming bound for the good behav- ior of all future owners of the vessel, in res- pect to the embargo acts, as long as they shall continue.
The sections I have considered, principal- ly affect merchants and sea-faring men in their business, at stores, custom-houses, a- bout wharves, ships and vessels. But other sections take a wider range, and intrench on the ordinary concerns of the great body of the people, by the powers they give for unreasonable and arbitrary searches for, and seizures of their property.
Collectors of the customs throughout the United States, by the 19th section, are em- powered to take into custody, specie or any articles of domestic growth or manufacture, under these circumstances—in places where there is reason to believe they are intended for exportation in vessels, sleighs or other carriages, or in any manner apparently on their way towards the territories of foreign nations, or a place whence such articles are intended to be exported—And, when taken into custody, they are not permitted to be removed without bonds being given for their being re-laden in some place, whence in the opinion of the Collector, there is no danger of such articles being exported.
Without warrant founded on proof, from suspicion only, may this unbounded licence be exercised. Our houses, heretofore our castles, and the secure abodes of our fami- lies, may be thrown open to the visits of col- lectors to search for and seize our money and goods whenever instigated by suspicion, prejudice, resentment or party spirit.
No place is to be protected; the people may every where be exposed, at home, on the way and abroad. Specie and goods, thus seized without warrant, and on suspicion on- ly, are not to be removed unless, and until bond with sureties shall be given for landing or delivering the same in some place of the United States, whence in the opinion of the collector, there shall not be any danger of such articles being exported. These provi- sions strike at the vital principles of a free government: And are they not contrary to the 4th and 5th articles of amendments to the constitution? Are not these searches and seizures, without warrant, on the mere suspicion of a collector, unreasonable search- es and seizures? And is not a man thereby deprived of property without due pro- cess of law?
Such is the unprecedented nature and en- ormous extent of the powers given to col- lectors by this bill, and by what means, and in what manner are they to be exercised? By the 17th section, it is enacted, "That the powers given to the collectors, either by this or any other act respecting the embargo, to detain any vessel, or to take into their cus- tody any articles for the purpose of prevent- ing violations of the embargo, shall be exer- cised in conformity with such instructions as the President may give, and such general rules as he may prescribe for that purpose; made in pursuance of the powers aforesaid; which instructions and general rules, the col- lectors shall be bound to obey; nor shall they be liable to any action, suit or judgment, on account of any detention of vessel, or for ha- ving taken articles into their custody in con- formity with such instructions and general rules."
Here Presidential instructions receive their last seal and stamp of authority.—They are made binding on collectors; and for acts done in pursuance of those instructions, they were to be responsible.
These instructions, according to the terms of the bill, are to become the supreme law of the land, and obligatory on the courts of the United States and of the States. It may be said, that, to render them authoritative, the instructions must be in pursuance of the powers granted by the bill to the collectors, and that they are mere executive directions, given for the purpose of producing an uni- form and systematic course of proceedings among collectors. If indeed this be their object and intent, why is the clause in- serted? Since the establishment of the treasury department, it has been the prac- tice of the secretary of the treasury to issue instructions to subordinate officers; but this favorite embargo, to which all considera- tions are made to bend, offers the first instance of an attempt to give to them the force of laws. And a critical attention to the sec- tion shews, that such is its intentment.—
Although it is declared, that to have the effect of laws, the president's instructions, must be in pursuance of the powers grant- ed by the bill to the collectors, it is to be remembered that collectors are to act in particular cases on their discretion, under the president's instructions which
are to be general; and neither the one nor the other are defined or limited by any precise rule. Both are arbitrary with- in the spheres of their general authorities. And the president's instructions are absolute on the collectors, and attempted to be made absolute on the court for their indem- nity. They are to be issued from time to time, as supplementary laws to enforce the embargo. No direction is given by the bill for their being published, while they neces- sarily will and must have important effects on the rights and interests of our citizens. It would still be some consolation if this un- pleasant enquiry might stop here; but we must enter on a more painful duty. I have before asked, by what means are these un- precedented powers to be executed? They are to be executed by military force not to be employed in aid of the civil authority, but in the first instance, in the place, and to the exclusion of the civil authority.
By the 13th section, "it is made lawful for the president of the United States, or such other person as he shall have impow- ered, to employ such part of the land or na- val forces of the United States, or of the militia thereof as may be judged necessary for the purpose, in conformity with the pro- visions of this and other acts respecting the embargo, of preventing the illegal depar- ture of any ship or vessel, or of detaining, taking possession of, or keeping in custody and guarding any articles of domestic growth, produce or manufacture, and also for the purpose of preventing and suppres- sing any armed or riotous assemblage of per- sons resisting the custom house officers in the exercise of their duties, or in any man- ner opposing the execution of the laws lay- ing an embargo, or otherwise violating, or assisting and abetting violations of the same."
The military may be employed by such persons as the president may have empow- ered. He may designate, at certain places in the states, persons to call out such part of the land or naval forces of the United States, or of the militia as may be judged necessary. Those will be selected who are most convenient and in all respects quali- fied to act in the scenes to which they may be called. In these appointments the sen- ate is to have no concurrence. They are to be presidential agents for issuing requis- itions to the standing army or militia, and not amenable to any tribunal for their con- duct. Heretofore a delicate and respectful attention has been paid to the state author- ities on this subject. The requisitions of the general government for the militia have been made to the governors of the states.— And what reason is there for taking a dif- ferent course to enforce the embargo?
Under our present system, have not in- surrections been suppressed, rebellions quel- led, and combinations and resistance against lawful authority overcome by the force of the General Government in co-operation with the State Government? Is not the au- thority of the Marshals competent to the execution of the laws? I see no cause for these arrays of the military throughout the country, and the unrestrained license that is to be given to its operations. "It is a fundamental principle of a free government, that the military be kept in subordination to the civil powers, and never be put in mo- tion till those be found incompetent to pre- serve the public peace, and authority. But by the provisions of this bill, these Presiden- tial agents may call out the standing army or militia, or part of them to follow in the collector's train, to seize specie and goods, in houses, stores, and elsewhere, and gen- erally for executing the embargo laws. And even the public peace, so far as respects the suppressing armed and riotous assemblages of persons resisting the custom-house offi- cers in the exercise of their duties, it would seem can no longer be confided to the States; and it is thought necessary to surround cus- tom-house officers with bands of the standing army, or militia."
The bill before us is bottomed on a report of the Secretary of the Treasury. How often were his strenuous remonstrances, and those of the Chairman of the committee who re- ported the bill, (Mr. Giles) formerly heard against the extension of executive patronage and influence? The interference of the gen- eral government in the local policy of the states and the ordinary concerns of the people, and above all, against standing armies! Then no such executive prerogatives were claimed as this bill contains; no such attempts made as here are made for entrenchments on the internal polity of the states, and the or- dinary concerns of the people, and then our army, small in comparison with its present establishment, was kept aloof from the af- fairs of the state and the persons and property of our citizens.
Our country was happy, prosperous and respected. The present crisis is porten- tous. Internal disquiets will not be healed, nor public sentiment controlled by precipi- tate and rash measures. It is time for the public councils to pause. This bill, sir, ought not to pass. It strikes at the vital principles of our republican system. It proposes to place the country in a time of peace under military law, the first appearance of which ought here to be resisted with all our talents and efforts. It proposes to introduce a mi- litary despotism, to which freemen can ne- ver submit, and which can never govern, except by terror and carnage.
NOTE.
Subsequent to the delivery of this speech, the bill was recommitted and the second section exchanged and modifications were made in others, without essentially chang- ing its most objectionable principles and provisions.
(Mr. Giles's Speech in our next.)
LEGISLATURE OF PENNSYLVANIA
HOUSE OF REPRESENTATIVES.
SATURDAY, Dec. 10.
A motion was made by Messrs. Leib and Rankin, and read as follows, viz. Resolved, That a committee be appointed to bring in a bill, declaring what shall or what shall not constitute a contempt of court and declaring further, that no person shall be punished for a contempt, but on the ver- dict of a jury.

A motion was made by Messrs. O'Brien and Leib, and read as follows, viz.
Resolved, by the senate and house of representatives of the commonwealth of Pennsylvania, in general assembly met, That our senators in Congress be instructed, and our representatives be requested, to procure information on the following topics.
The state of Fort Mifflin on the river Delaware, the number of guns mounted, their calibre and the state of their carriages, together with the quantity of ammunition.
The number of cannon, muskets, bayonets, sabres, pistols, and pikes, together with the quantity of powder and ball, belonging to the United States within this commonwealth.
The number of gun boats in the bay and river Delaware and the number in service.
And be it further Resolved, That our senators in congress be instructed, and our representatives requested, to endeavor to have erected at or near Newcastle, and at or near Reedley island, on the most advantageous sites, two or more batteries, for the protection of the river Delaware, and the city of Philadelphia.
Resolved by the senate and house of representatives of the commonwealth of Pennsylvania, in general assembly met, That the governor be required to furnish to the legislature, information on the following subjects, viz.
The number of brass field pieces and battering cannon, and their calibre, belonging to this state, together with the condition of their carriages, rammers, sponges and ladles, and the quantity of ball of each size, and the places where the cannon and implements are deposited.
The quantity of musket and cannon powder in the magazines of this state, and the place where the greatest quantity is deposited.
The number of muskets, bayonets, sabres, pistols, swords, pikes, and cartridge boxes; in whose hands they are, what is their state, and how many are fit for actual service.—Laid on the table.
MONDAY, December 12.
A motion was made by Messrs. Banks & Leib, and read as follows, viz.
Although the measure of the embargo was predicated and adopted with the purest patriotic views, and is and ought to be considered as the most prudent and efficient means that could be devised, to preserve the national honor, and save these United States from the evils and horrors of war; and there is every reason to hope that it will teach the belligerent powers of Europe to be just in future towards these states; yet, inasmuch as certain evils, which it is expected will be partial in duration, do exist, to wit: the great scarcity of the circulating medium in almost all parts of the commonwealth, by reason of the reduction in the price of the staple commodities; therefore, Resolved, That a committee be appointed to enquire, and report to this house, whether any, and if any, what measures ought to be adopted, to stop the distress and sale of property, for the payment of debts in this commonwealth, for a limited time.
And, on motion, said resolution was read a second time, considered and adopted; and
Ordered, That Messrs. Banks, Brown, I. Smith, Montgomery, and Miner, be a committee for the purpose therein expressed.
SENATE OF THE UNITED STATES.
SATURDAY, January 7.
The amendments of the House of Representatives, to the bill for enforcing the embargo, were taken into consideration, which, after much debate, were finally agreed to about three o'clock. The decision on most of them was Ayes 23—Nays 7.
The bill consequently only requires the signature of the President to be a law.
HOUSE OF REPRESENTATIVES.
THURSDAY, January 5.
MR. CHITTENDEN'S RESOLUTION.
Mr. Basset, from the committee of the whole, to whom this resolution was referred, and which had it yesterday under their consideration, reported, that for want of a sufficient number of members to do the business, the committee was dissolved—an incident believed to be novel in legislation.
The Speaker decided, that in consequence of this procedure, the resolution was now at the disposal of the house.
ENFORCING THE EMBARGO.
On motion of Mr. Nicholas, the House resolved itself into a committee of the whole, Mr. Basset in the chair, on the bill for enforcing the embargo, and the several acts supplementary thereto.
Mr. Elliot said he should commence where he left off the day before yesterday and proceed in the discussion with all the spirit consistent with coolness. He went almost thro' the bill section by section, commenting at length upon them. To every section he stated specific objections. Before he concluded his remarks, however, the chairman observed that the gentleman could not object to sections, which had been amended as they could not according to the rules of the House be struck out; and there was now no motion for the committee to rise. And Mr. E. closed his remarks, with an intimation that he would renew them at a further stage of the business.
The committee then rose and reported the bill.
The amendments having been gone thro', Mr. Eppes offered a new section to the bill repealing so much of the supplementary act of March 12th last, as empowers the President to permit vessels to depart from the U. States, to bring in property. This power he said, was now not necessary, whatever it might have been, and had been made a pretext for evasions.—Agreed to without opposition.
Mr. Pitkin moved to strike out of the 9th section the words in Italic in the following: "That the collectors of all the districts, &c. shall be authorised to seize produce, &c. when there is reason to believe that they are intended for exportation, or when in vessels, carts, wagons, sledges, or any other carriage, or in any manner apparently on their way towards the territories of a foreign nation, or the vicinity thereof or towards a place where such articles are intended to be exported." He believed that it gave a despotic power to collectors, with military force, to arrest any property going out of the country—to take even a trunk of a citizen, which might have money in it, going from one part of the country to any place where it might probably be exported. This power to seize property in any vessels, carts, sledges, &c. "apparently on their way towards the territories of a foreign nation" was arbitrary and
despotic. Not a cart he said, could travel northwardly but was going towards the territories of a foreign nation, but would be subject to this despotic power, &c. No similar power had ever been given by any law passed in this country or any other. A man could not carry his wheat to market if the mill lay in a direction towards a foreign country, without being liable to seizure. The fourth article of the amendments to the constitution says, "The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." What was an "unreasonable seizure?" If this power to seize authorised by the bill was not unreasonable, he could not see what was. Was not this a violation of this article of the constitution? In article 5th no man "shall be compelled in any criminal case to be witness against himself, nor be deprived of his life, liberty, or property, without due process of law." If deprived of his property in this way, was it not, he asked, taking his property, without due process of law? If the article of the constitution meant anything, the bill proposed a violation of it. Mr. Pitkin also adverted to the novelty, if not unconstitutionality of giving to maritime courts jurisdiction over occurrences taking place on the land. He feared for the consequences of the thing, if the law was enforced. While gentlemen took measures professedly for defending our rights on the ocean, he begged them to take care not to destroy them on the land. The bill was to maintain our right to sail without impediment from either of the belligerents; and for this purpose they were about to destroy the rights for which we had even fought and bled. Thinking thus, he felt himself bound to move the amendment though he feared it would not be agreed to, for he perceived that this bill was promptly to pass by an overwhelming majority. He did not believe that this bill was necessary to enforce the embargo; and if it was, it was one of the strongest arguments against the embargo itself.
Mr. Basset observed that all the arguments of the gentleman had been directed against the word "towards." The striking out "towards" & inserting "to" would obviate his objections. Gentlemen talked of arbitrary measures. Did gentlemen suppose that the powers here given to collectors was any way as arbitrary as must exist in military officers in case of war? The advocates of the embargo had adopted that measure as a lesser evil to avoid war. Was it arbitrary to keep produce at home and to compel those who had not the fear of God before their eyes and love of country in their hearts, to respect the laws of their country? Surely not, it was but justice. Was not the design to make laws operate equally, both honorable and laudable? Surely it was.—What was so arbitrary in the bill? The objections seemed so changeable, so Proteus-like, that they could not be ascertained. It was altogether destructive of republicanism to say, that we could not enforce or support our laws. Laws might be partially evaded; but they must be rendered generally effectual and that was the object of this bill.
Mr. Eppes said that if he coincided in opinion with the gentleman from Connecticut on the subject of the bill, he should unquestionably vote against it; but he could not believe that it either violated the constitution or established a new jurisdiction. He was well convinced that if the gentleman from Connecticut would attend to our revenue laws, he would find infinitely greater powers had been given by them. In almost the first revenue law which had been passed under this constitution, importation by land had been wholly prohibited; and he asked the attention of the House to the terms of the law, because it proved that our revenue officers had exercised jurisdiction on land as well as on water. He read the 70th section of the "act to provide more effectually for the collection of duties imposed by law on goods, wares and merchandise imported into the U. States and on the tonnage of ships and vessels;" as follows:
"That no goods, wares or merchandise of foreign growth or manufacture, subject to the payment of duties, shall be brought into the United States from any foreign port or place in any other manner than by sea, nor in any ship or vessel of less than thirty tons burthen, except within the district of Louisiana, nor shall be landed or unladed at any other place than by this act directed, under the penalty of seizure and forfeiture of all such vessels, and of the goods, wares or merchandise brought in, landed or unladed, in any other manner. And all goods, wares and merchandise brought into the U. States by land, contrary to this act, shall be forfeited, together with the carriages, horses and oxen that shall be employed in conveying the same; Provided nothing here in shall be construed to extend to household furniture and clothing belonging to any person or persons actually removing into any part of the United States, for the purpose of becoming an inhabitant or inhabitants thereof."
This principle Mr. Eppes said was precisely the same with that now proposed.—The section was not now in force, but other provisions were substituted in its place. Mr. Eppes quoted several other parts of laws, in which was given to the collectors a power to search all rafts, boats, carriages, and to stop them when suspected, &c. and in which vessels going from one port to another of the same state, were compelled to take clearances or give bond and security, &c. and persons carrying property even over land, were required to give security. And yet said Mr. E. when we now propose to give the same power in the very same words, we are told, that we are violating the constitution and destroying the rights of the citizen! The constitution he said had wisely provided, that the citizen should be secure in his person and property. But if a man properly were found under such circumstances as to authorize a belief, that he intended to violate a law of the United States, was it an infraction of the right of the citizen to compel him to give bond that he will not? The very gentlemen themselves who raised this outcry, had passed laws stronger than this. He was against the amendment proposed, because it authorized no seizures in any situation in which property would not be liable to seizure for infraction of the present revenue laws.
Mr. Dana could not subscribe to the opinion of the gentleman from Virginia, that the principles of this bill were recognized in the revenue laws. He said he would enter into no examination of the question whether an embargo, laid indefinitely without limitation of time, was constitutional or not. But he objected to this part of the bill: that it authorized the officers of the United States to seize property, to which the U. S. had no claim. In every case where property be-
came forfeited in consequence of a contravention of the law, that property might, without violating general principles, be seized by the officers acting for the public. The act of seizure brings it before the court, and if it ascertained to be forfeited, it is immediately liable to confiscation. This was not the case in the present bill; for the person whose property was seized, was permitted to have it again on giving security for its value. The very idea of a man's regaining his property on giving security, was incompatible with the seizure of goods as forfeited. The suspicion of an intent to evade the law, could be no ground for seizure. In the case of the revenue laws, the very fact of goods being found within the lines, not having paid duty, was in ipso facto evidence of their being forfeited, transferred the property to the use of the United States, and made it liable to seizure. On this ground therefore he thought the part which was moved to be stricken out, wholly unwarranted.
Mr. D. R. Williams suggested a modification of the amendment which he believed would satisfy the fastidiousness (for so he was compelled to call it) of the gentleman from Connecticut. He observed that it used to be penal for a man even to move any part of his property after sun down, and yet he believed that none of the distress had been felt from that law which gentlemen seemed to apprehend from this law.
Mr. Livermore thought this section and indeed the whole bill could not be understood by gentlemen, or there could be no difference of opinion on the subject. The bill indeed had been very essentially altered since it came from the Senate; for before it was amended, it contained a provision by which a collector who had any particular hatred to any man, might go with a band of soldiers and seize his property. [Mr. Eppes denied that the bill had contained any such provision.] Mr. Livermore said that the collector was authorized to seize property when he believed it intended for exportation, not confining the right of seizure to any particular limits, were it not for the amendment made by the House. If money had been accumulated in a bank, Mr. L. said that it might have been seized under a pretence of a suspicion that it was intended for exportation. And as the bill now stood, suppose a man travelling from this place to Baltimore, which is an exporting place, having with him in his carriage or vehicle a sum of money, it would be in the power of any person to seize it, saying that it was intended for exportation, and keep it till he had been able to procure security for its retention in the United States. What would be the consequence if this power should be tyrannically exercised? Why, the revenue officer might be sued for damages, &c. Mr. L. made some observations on the subject of the process in this case, &c. He considered this bill as vesting arbitrary powers in the Executive, and oppressive to the citizen. This he said, was the way in which all countries had lost their liberties, by gradual assumptions and delegations of powers. Rome had not established a dictatorship in a day; gradual approaches were always made to despotism. He said he should vote against the amendment and against the bill, because he did believe, if passed, that it would be subversive of the liberties of the people of the U. S.
Mr. Eppes said, that the gentleman from Massachusetts must have lately taken a trip to the island of Tribnia, described by Dean Swift, and received some instructions from the artists who were so dexterous in finding out hidden meanings in words, for instance, that a flock of geese signified a Senate, a buzzard a prime minister, &c. because he had given meanings to the bill, which could not be justified by the language of the bill, or fairly inferred from it. The bill as sent from the Senate, Mr. Eppes said, did not authorize any such seizure; and he asked the gentleman from Massachusetts, as a lawyer, whether any collector would dare to violate the constitution by attempting to search a house without a warrant? The gentleman knew that he could not; that law could not give such a power. The gentleman had told them that Roman liberty had not been destroyed at once. If they looked into Roman history they would find that Rome was once saved by the braying of an ass; that the cackling of geese once saved the capitol; that the conspiracy of Catiline had been betrayed by a woman. These were remarkable circumstances, but had no more connection with the question than the gentleman's case or the dictatorship. Mr. Eppes said, when he saw gentlemen supporting objections like the gentleman from Connecticut, (Mr. Pitkin) he could meet and respect them; but when he heard a gentleman say, that by the bill an officer could violate a private sanctuary, when he looked into the law, and found no such provision, he could not treat his observations with attention.
Mr. Livermore said, that the gentleman could not have understood him as alluding to the bill as it now stood, but as it had come from the Senate. The gentleman had asked him as a lawyer, whether a man could enter a house without a warrant and seize property? He could not by virtue of a law, & why? Because the constitution would prevent him. But this did not take away the impropriety of passing such a law. He did not believe that the courts of justice had become so corrupt, or would dispay such a vile submission to any authority as to submit to carry into effect a law which was unconstitutional. He said, that he attributed no wrong intention to gentlemen; but he conceived it possible that their feelings might hide from them the true construction of the law. He warned gentlemen against it.—Gentlemen might talk about asses and geese, for he supposed the gentleman meant to be severe upon him—it so, he returned the compliment. [Mr. Eppes said, he had not applied the observation to any one; if there was any application in the case, the gentleman had certainly taken it to himself.]—Mr. L. said, he had expressed no opinion, but such as were founded on mature reflection.
After some remarks in explanation from Mr. Dana.
This question on Mr. Pitkin's amendment was taken; and it was negatived—Yeas 41—Nays 51.
Mr. Sturges moved to amend the first section, by striking out the term of limitation of the law to the duration of the embargo, and inserting as the period at which this bill should expire, "the first day of June next."
Mr. G. W. Campbell observed, that although he was decidedly opposed to this motion, he wished not to be understood that long before the first of June, he might not be willing to adopt a stronger measure, if no change of our situation took place.
The question was taken on striking out the words in the bill, to make room for the amendment, and lost—Yeas 27—Nays 75.—Mr. Sturges's amendment of council with it.
Mr. Sturges then offered the following, as a new section to the bill: "And be it further enacted, that this act, and the act laying an embargo, and the laws supplementary to it, be repealed on the fourth of March next."
Mr. Cook moved to adjourn—Ayes 26.
Mr. Blount said, he was not prepared to say that there might not be a time when the embargo ought to be removed, even if our difficulties were not removed; but he was certain, that whenever it was removed, some other measure must be adopted. He moved as an amendment to the gentleman's motion the following: "and that from and after the fourth day of March next, it shall be lawful for the President of the U. States, to issue letters of marque and reprisal to such citizens of the U. States as shall apply for them, against the nations having edicts violating the lawful commerce of the United States."
Mr. Livermore said, it was true that the Congress of the U. States had the power of declaring war; but he did not know that they could delegate the power to the President of the U. States. He said, he was surprised at it; for they seemed to have arrived at a period when they should choose a dictator, and vest him with the power of life and death.
Mr. Eppes said, that the gentleman from North Carolina, had expressed clearly his idea; that he was not prepared to vote on the amendment of Mr. Sturges, and merely meant to express his idea that if the embargo was taken off at this moment, letters of marque ought to be granted. In this opinion, Mr. Eppes coincided with him exactly.—The gentleman from Massachusetts (Mr. Livermore) did not pretend to say that Congress had not the power to issue letters of marque and reprisal. Who then, (said he) is to sign them? Our Speaker? No, sir, most probably the Executive, to whom the gentleman is so tender of granting power. I shall vote for the amendment of the gentleman from North Carolina, but do not consider it as prejudging me to vote for the whole section of the gentleman from Connecticut, (Mr. Sturges) as proposed, to be amended; though I will not say that on the fourth of March, it might not be proper to do so.
Mr. Blount rose to correct an impression which appeared to exist, that he was anxious to go to war. There was not a man in the house that was less disposed for it; in voting for the embargo he had been actuated by a desire to avert it. He was still in favor of a continuance of the embargo, and hoped it would yet avert war. He had introduced this amendment to register his vote, that our injuries had been such as could not be passed over, and that if the embargo was taken off, war must be resorted to. He should vote for the amendment & for the section as amended. He modified his amendment to suit the taste of the gentleman from Massachusetts (Mr. Livermore) so as to read, "it shall be lawful for the U. States to issue letters, &c."
Mr. D. R. Williams said, it was very easy to discover what was the object of the gentleman from Connecticut, to call the yeas and nays on one question or other, till the empty seats on his side of the house were filled, and they would not get the question. He was sorry that the gentleman from North Carolina, had made an object so unimportant as he did. He really wished that he would withdraw his amendment. Every consideration of policy was against its being decided to-night.
Mr. Sturges assured the gentleman from South Carolina, that he had no cunning in his nature; his only object was to obtain a direct decision of the question. He disclaimed the motive attributed to him.
Mr. J. G. Jackson said if the gentleman from Connecticut intended to vote for his own amendment, he must certainly vote for that of the gentleman from N. Carolina.
Mr. Blount withdrew his amendment, with a declaration that if Mr. Sturges's amendment were adopted, he should move it as a new section.
After some observations from Mr. Quincy in favor of, and Mr. Macon against the new section proposed.
Mr. Culpepper moved to adjourn—Ayes 25—Nays 68.
Mr. G. W. Campbell opposed the resolution in a speech of a few minutes.
Mr. Dana spoke about an hour in favor of it. Mr. Macon spoke in reply for half an hour.
Mr. Lyon spoke in favor of the amendment about twenty minutes.
Mr. Smilie spoke in reply for the same time.
5 o'clock—Mr. Stanfield moved to adjourn—Ayes 26.
Mr. Livermore spoke in favor of the amendment and in reply to Mr. Smilie about twenty minutes.
Mr. Masters commenced a speech in favor of the amendment. After having spoken about twenty minutes, he was called to order, in the midst of a history of the trial of Louis XVI. and resumed his seat.
9 o'clock—Mr. Elliot rose and commenced a speech in favor of the resolution. Before he had been speaking many minutes, he was called to order by Mr. J. G. Jackson; the Speaker decided that he was not in order. Mr. Gardenier appealed from his decision, which was confirmed by a large majority. Mr. Elliot proceeded in reading through the documents communicated this session. He was repeatedly called to order; but the Speaker uniformly decided that if the gentleman chose to make any pamphlet or book a part of his speech, keeping to the question, he had a right to do so. He was afterwards called to order by the Speaker, when giving an account of his political life and the regret he felt at some votes which he had given. He concluded his remarks a little after 12 o'clock.
The Clerk then proceeded to call the yeas and nays on the amendment. After the first member on the list had answered, a member rising to speak.
The Speaker observed that it was not in order to debate the question, after the first member called had answered.
Mr. Randolph appealed from his decision, affirming at the same time, the member who had answered was not in his seat at the time.
After some little altercation, the Speaker's decision was confirmed by the house—Yeas 99—Nays 10.
The question was then finally taken on Mr. Sturges's amendment, by yeas and nays as follows: YEAS—Messrs. Champion, Chittenden, Culpepper, Dana, Davenport, Elliot, Ely, Gardenier, Gardner, Garnett, Goldsborough, Harris, H. Jackson, Jenkins, Lewis, Livermore, Lyon, Masters, Milnor, Moseley, Pitkin, Quincy, Randolph, Russell, Sloan, Stedman, Sturges, Taggart, Tallmadge, Upham, Van Cortlandt, Van Dyke, Van Rensselaer—55. NAYS—Messrs. Alexander, L. J. Alston, W. Alston, Bacon, Barker, Bard, Bassett, Bibb, Blackledge, Jr. Blake, Jr. Blount, Boyd, Boyle, Brown, Butler, Calhoun, G. W. Campbell, Clay, Clopton, Cutts, Deane, Desha, Eppes, Fick, Franklin, Ghiselin, Green, Heister, Holland, Holmes, Howard, Humphreys, J. G. Jackson, Johnson, Jones, Kenan, Kirkpatrick, Lambert, Macon, Marion, J. Montgomery, N. R. Moore, T. Moore, Jer. Morrow, John Morrow, Nelson, Newbold, Newton, Nicholas, Porter, Jr. Rea, (Pen.) Rhea, (Ten.) J. Richards, M. Richards, Seaver, Shaw, Smilie, J. K. Smith, J. Smith, Storer, Story, Taylor, Troup, Van Allen, Verplanck, Wharton, Whitehill, Wilbour, D. R. Williams, A. Wilson, Winn—71.
Mr. Sturges moved to adjourn—Yeas 35—Nays 79.
Messrs. Sturges, Gardner, Sloan, Livermore and Moseley opposed the bill.
Mr. Dana moved to strike out the 11th section giving power to call out the military to assist in enforcing the law. Motion lost. Yeas 51—Nays 70.
Mr. Upham moved to adjourn—Ayes 28.
Messrs. Gardner and Van Dyke opposed the bill.
4 o'clock—Question on its going to a third reading decided—Yeas 52—Nays 73.
On the question when it should be read a third time, Messrs. Quincy, Upham, Lyon, Gardner, Alexander, and Dana spoke in favor of Saturday, and Messrs. Nelson and Taylor for this day. Mr. Quincy called for the Yeas and Nays on the motion for Saturday. Motion lost—Yeas 35—Nays 68.
Half past 5 o'clock—Bill read the third time. On the question "Shall the bill pass?" Mr. Stedman called for the Yeas and Nays. After some observations from Messrs. Masters and Eppes, the question was taken as follows:
YEAS—Messrs. Alexander, L. J. Alston, W. Alston, Bacon, Bard, Barker, Bassett, Bibb, Blackledge, Jr. Blake, Jr. Blount, Boyd, Boyle, Brown, Butler, Calhoun, G. W. Campbell, Clay, Clopton, Cutts, Deane, Desha, Eppes, Fick, Franklin, Ghiselin, Green, Heister, Holland, Holmes, Howard, Humphreys, J. G. Jackson, Johnson, Jones, Kenan, Kirkpatrick, Lambert, Macon, Marion, J. Montgomery, N. R. Moore, T. Moore, Jer. Morrow, John Morrow, Nelson, Newbold, Newton, Nicholas, Porter, Jr. Rea, (Pen.) Rhea, (Ten.) J. Richards, M. Richards, Seaver, Shaw, Smilie, J. K. Smith, J. Smith, Storer, Story, Taylor, Troup, Van Allen, Verplanck, Wharton, Whitehill, Wilbour, D. R. Williams, A. Wilson, Winn—71.
NAYS—Messrs. Champion, Chittenden, Culpepper, Dana, Davenport, Jr. Ely, Gardner, Gardner, Garnett, Goldsborough, Harris, H. Jackson, Jenkins, Lewis, Livermore, Lyon, Masters, Milnor, Moseley, Pitkin, Quincy, Russell, Sloan, Stanfield, Stedman, Sturges, Taggart, Tallmadge, Upham, Van Cortlandt, Van Dyke, Van Rensselaer—32.
SATURDAY, Dec. 7.
EXTRA SESSION OF CONGRESS.
The House were engaged till near five o'clock to-day in discussing the following resolution proposed by Mr. Smilie, which was finally agreed to, 62 to 21: "Resolved, that a committee be appointed to enquire into the propriety of providing by law for the meeting of Congress at an earlier period than the 1st Monday in December next with leave to report by bill or otherwise."
The debate on this resolution involved the question, whether it would not be proper, before the first day of December viz. in the middle of May or beginning of June, essentially to change the attitude of the nation, if no change took place in the measures of foreign powers? The resolution was supported by Messrs. Smilie, Eppes, G. W. Campbell, Story, Bibb, Troup, Johnson, Rhea, Bacon, Taylor, Nicholas, Southard, and Nelson. Messrs. D. R. Williams, Macon, Holland, Alexander, Tallmadge, and Stanfield either opposed the resolution directly or advocated its postponement. Most of those who supported it declared it as their opinion that unless foreign powers revoked their orders and decrees at an early day, it would be proper to raise the embargo and substitute war, and that it behoved Congress to be at their posts to take this important step.
PETERSBURG, Jan. 7.
SHIP SALLY.
On Wednesday last we made some remarks touching the evasion of the embargo laws by the ship Sally, which some time since sailed from City Point, apparently destined for Boston. Those remarks were made with a view of dragging the real culprits before the bar of an indignant public, and of eliciting the whole truth in relation to this business. Since that time we have had an interview with Mr. George Pegram, of this town, who at the instance of a Mr. George Farquhar, of Philadelphia, became security, in a very considerable amount, (about $46,000,) that the said vessel should not contravene the laws of the U. States.
From this interview, together with the correspondence of the parties (which we have seen) we are enabled to state how far Mr. Pegram was interested in the vessel and her cargo, and also the names of the persons who have thus evaded the laws of the land. It appears, that the ship Sally had on board 350 hds. tobacco, 100 of which belonged to a Mr. M'Adams, and the balance originally to the house of Harper & Co. of Philadelphia, but which afterwards was secured to a Mr. Tillton, for certain reasons hereafter to be explained.
It further appears, that during last summer, Mr. Pegram met with Mr. Farquhar in Baltimore, (whither Mr. P. had been for the promotion of the health of his family) with whom he formed an acquaintance, having taken lodgings at the same house. During their temporary residence together, Mr. P. expressed to Mr. F. an intention (as there was a probability of the embargo being raised) of purchasing tobacco in Petersburg, and solicited Mr. F's good offices. From the respectability of Mr. F's appearance, Mr. P. readily consented to aid him, as he was himself much engaged in that business. Mr. F. further intimated, that before Mr. P. returned home, it was probable he (F.) would commission him to purchase a parcel of tobacco.
A few days after Mr. P's return, he received a letter from Mr. F. introducing and recommending Mr. Daniel Tillton, whose object in coming here was to purchase tobacco.
While here, Tillton intimated to Mr. P. that he had a very considerable claim on

the house of Harper & Co. of Philadelphia, the reputed owners of the ship Sally, then lying at City Point, on board of which it was also alleged they had 250 hogsheads tobacco. This house he represented to be in very doubtful circumstances, and informed Mr. P. that one of the above firm was in Richmond. Neither Tilton went, and secured their interest in the cargo of the Sally.
Every thing being thus matured, and the remainder of the Sally's load completed by Mr. Adams, Farquhar writes to Mr. Pegram a letter, denying any connection with T. but at the same time indemnifying Mr. P. from any risk or loss in any business or agency he might undertake for Tilton. Thus indemnified, Mr. Pegram becomes security for Tilton, and the vessel is permitted to depart—since which time she has not been heard of.
From these facts, we must draw two conclusions—first, either Mr. Pegram has been duped by the superior address of Farquhar; or, secondly, Farquhar has been imposed upon by the still deeper cunning of Tilton.
Whatever Farquhar may be, we are convinced Tilton belongs to that class of citizens denominated by the president "the most base and worthless part of the community."
But we are inclined to believe Farquhar is in the plot, from the following facts. He sees Mr. Pegram in Baltimore; intimates his intention of commissioning him to purchase tobacco; declines that plan; and recommends Tilton to him as a tobacco buyer and a gentleman, and solicits Mr. P's good offices for him.
On the 10th of November, Farquhar writes to Mr. Pegram a letter of indemnity; and the 12th of the same month, Tilton purchases the interest of Harper & Co. in the 250 hogsheads tobacco, for the safe delivery of which in the port of Boston, Mr. Pegram becomes security.
We have given this plain sketch to the public, according to promise, and solicit further facts relative to this villainous business.
The editors of papers in Philadelphia, friendly to the administration, and to truth, are requested to inform the public, who and what Tilton and Farquhar are, and also the standing of the house of Harper & Co. Republican.
KENTUCKY, FRANKFORT, Dec. 8. We are much concerned to state, that the severe indisposition of General Walton, one of the electors chosen by the people of this state to vote for president and vice-president of the United States, prevented his attendance yesterday at the Capitol, by which unfortunate occurrence one of the votes of Kentucky is lost in the presidential election. All the rest of the gentlemen appointed, attended in due time, and gave their votes for James Madison as president, and George Clinton as vice president.
FROM THE NEW-JERSEY JOURNAL. MR. KOLLOGK. I was much interested with Weevils in my barn &c. and did not know how to get rid of them, till I found tobacco was an effectual remedy. They are fond of it, eat it, go off and die—I deal in Tobacco, and receiving two hogsheads (for which I had no room in my cellar at the time) I put them into the barn. On removing them, I found thousands of dead Weevils on the barn floor, which cleared it entirely of this destructive animal. I then took two or three boxes, containing about six pounds of tobacco in each, and placed them in my granary, where I kept wheat, &c. This was soon cleared also, and I have not had any since. The boxes ought to be open enough to let the Weevils have free passage into them. If you think this will be of any use to your readers it is at your service. I am, Yours, &c. GALVIN SCOTT. Elizabeth Town, Dec. 26, 1808.
It is with singular pleasure that we are enabled to state, that Major-General Thomas Posey, accepts his appointment, and is designated by his Excellency the Governor, to the command of the Kentucky quota of militia.—Messrs. Saml. G. Hopkins, of Henderson, and Henry C. Geat, of Logan, have been appointed by the General his aids.... W. World.
BRITISH REQUEST. The British Minister has requested our Executive to grant leave to British vessels to ascend the Mississippi to Baton Rouge in West Florida. The President refuses to comply. Mr. Erskine is said to have remarked that it is quite material, for as we are by treaty with Spain to suffer Spanish vessels to come to that place, the intercourse which the British government has in view can be carried on through that channel.... Freeman's Journal.
MR. MARTIN'S PERFORMANCE. At 6 o'clock, this evening, at the theatre, will be exhibited a choice of the most curious experiments, and feats of dexterity and surprize, most of them not yet exhibited. January 12.
TO Ladies and Gentlemen. Mr. Martin offers for sale a fine assortment of elegant JEWELRY, viz: Neck-Laces, Earrings, Chains, Pins, the whole of the latest fashions of Europe, a few gold WATCHES of a peculiar perfection, horizontal and others, the whole is superior to any before brought here. It will be agreeable with Mr. Martin to wait on those Ladies who are desirous to see the above assortment, by addressing a note to him at the Globe Tavern, specifying the time and place. Wm. FENDLEY, Trustee. January 12.
PURSUANT to a deed of trust duly recorded in the court of Chesterfield, will be offered for sale, for cash, on Monday, the 23rd inst. at Brooks's Tavern, in the town of Manchester, 1 Negro Man named BEN, 1 black GELDING, and one bay STUD COLT, (the property of Stephen Branch,) or so much thereof, as will satisfy Valentine Winfree, the sum of thirty-six pounds, with interest and cost. Wm. FENDLEY, Trustee. January 12.
WILL BE SOLD, at public auction, on Friday the 27th day of January next, if fair, if not the next fair day, the PLANTATION , called and known by the name of Mount-Folly, lying on York River, in James City county, belonging to the estate of Stephen Bingham, deceased, containing by estimation, fourteen hundred acres, including Marsh, said Land will be surveyed prior to the day of sale, and will be sold, subject to the widow's dower. The purchaser will be allowed a credit until the younger son of said Bingham, arrives to the age of twenty-one years, which will be some time in the year eighteen hundred and twenty-three. Bond and approved personal security, as well as a deed of mortgage on the said land, will be required.—Possession will be given on the day of sale, for all the land except the part laid off for the widow's dower. The above sale will take place in compliance of Stephen Bingham's will, as well as a decree of King William Court. B. LIPSCOMB, Deputy for Wm. GREGORY, Sheriff. January 12.
THE ENQUIRER. RICHMOND, JANUARY 12, 1809.
A GLANCE INTO FUTURITY.
The spirit which has been displayed by both houses of Congress, furnishes some clue to the course of measures, which is hereafter to be pursued.—An overwhelming majority of both houses have agreed;
1st. That the embargo, instead of being immediately rescinded, should be enforced by new and extensive provisions; 2d. That restrictions shall not only be laid upon the commerce of our enemies, by an embargo upon our exports to them, but a non-intercourse law prohibit their imports to ourselves. 3d. That in the mean time, preparation should be made for more efficient measures—for war itself, in case this last appeal to the interests of Europe should prove unavailing.
These measures distinctly point out the course, which Congress will pursue.
An overwhelming majority of the representatives of the people have pronounced to the universe, that they will not submit to the insults and encroachments of Europe. With this determination, the honour and independence of our country, our most sacred rights, every thing that is dear to a nation, are completely in unison. The spirit of the people marches along with that of their representatives. War rather than submission, is the cry of every patriot in America.
Peace is however the policy and duty of this rising country, so long as its preservation is consistent with its rights and honor. The last effort is therefore to be made to preserve the peace of the nation.
The embargo therefore will be retained during the present session of Congress and for a short time after—all James Elliot's sage and pompous predictions to the contrary notwithstanding.
A non intercourse law besides will be extended to the importation of the goods of our assailants.
These restrictions may so far operate upon the interests of Great Britain or France, as to induce them to repeal their infamous encroachments upon our rights.—This is a precarious though it may be one decided advantage of our suspension of more efficient measures.—The events and revolutions in Spain, in the mean time, may assist us in the attainment of our just rights.
If the Spaniards are defeated, it may dispose G. Britain to bend a more favorable ear to the claims of justice. If the French are foiled in the struggle, the Berlin and Milan decrees may be robbed of their stings. This may be another advantage of our suspension.
But a certain benefit flowing from this suspension is, that we shall gain time for making preparations for action. We shall be more competent to fortify our forts, equip public vessels, collect seamen, raise troops, obtain arms and discipline our men. Congress ought not to lose a single minute, now that their ulterior course of measures is chalked out, in maturing and perfecting these arrangements. A few discontented and unworthy members among them, may attempt to thwart these views; federalism may assail them with murmurs from within, and treason may raise clamors from without.—The disgraced prints of an infuriated faction, may labor to excite opposition and discontent, by representing these military preparations as the instruments for enforcing the Embargo, or even overwhelming the liberties of the people; but let our enlightened representatives disregard this empty gallantry of passion. Let the march of preparation be as steady as time. Let Congress exhibit an example of spirit and resolution to the people of this country; and let them shew to the insolent nations of Europe, that unless their aggressions are discontinued, the American people will go all lengths in the vindication of their rights. If there be any error that is likely to beset the proceedings of the present congress, it will be in their not perfecting these essential preparations with sufficient steadiness and enthusiasm. It is time to convince the British cabinet, that the people of the United States are earnest and determined in their designs. If this idea were sufficiently impressed upon the brain of Mr. Canning, there is some little reason to believe, that his sarcastic insolence would vanish beneath the inspirations of prudence.
Let these preparations then be pressed.—Congress will probably determine by law to meet again in May or June. If by that time no important changes are made in the policy of foreign nations towards us, Congress will then resort to more efficient measures.—The embargo will be rescinded, and our vessels will be authorized to go out with letters of marque and reprisal.—These two events will certainly be concurrent with each other. The independence of this country, and the undivided sentiment of this country, and the undivided sentiment of the republican party, are in strict unison in this respect.—What will be the progress of events? May we not argue hypothetically upon the course of futurity?
Letters of marque and reprisal are issued against those nations, that disturb our rights. This surely would be a new and awkward situation in which we should be placed; to be at war at the same time with two powers who are at war with each other. It would be a relation, besides, which would be extremely inconvenient to us in one respect. During our revolutionary war, an American marque could carry her British Prize into the ports of Holland or France, where she might seek a trial and condemnation in a court of admiralty. During the approaching contest, our vessels might be excluded from the benefit of the French ports and admiralty courts. Their prizes therefore must necessarily be brought into our own ports, at an immense distance and at the risk of re-capture.—It is probable however, that this state of things would soon yield to a more convenient arrangement.—One of these belligerents would probably obtain a re-reconciliation with the U. States—and which? Circumstances themselves would determine this selection; but there are two of these, which would naturally seem to point to a reconciliation with France—1st. The ascendancy of G. Britain on the sea, would naturally produce more contests on each side, and produce greater difficulties in the adjustment of our differences. 2d. The potent dispute with G. Britain are far more extensive and important than those with France; and a treaty of peace would necessarily touch these, as well as more immediate sources of hostility.
But if the war is left to rage against Great Britain alone, we are to have no apprehensions of calamities?—Putting aside the loss and defalcation of her trade with the U. States, and admitting the war to be confined
to the sea alone, has she nothing to apprehend from our enterprising privateers? During the last war, the English captured from us, 964 ships—we from them 753—our privateers were 175 in number, which captured 2556 guns, and 14,000 men; of these 54 were captured.—As Britain had at that time 6,200 ships, and she has at present 21,725 ships, supposing the American privateers to have only increased in the same proportion as the English ships have done (but I calculate they would a vast deal more in the same time) the loss of the British ships would be 2,500 ships.** If it be said, that now the British convoy their merchantmen from the W. Indies, may it not be answered party thus ?
"When the Americans know there is a valuable fleet coming from Jamaica, the West-Indies, I conceive they would fit out twenty or thirty privateers as a joint stock, and send them to cruise after or wait for the fleet, and send one, two, or three of them to decoy the frigates, while the remainder would take a number of the ships."
But all this goes on the supposition, that the war will be bound to the sea.—Will it be so? If the British are mad enough to bombard and burn our towns, then the national resentment will call forth all the national resources. May not G. Britain then fear for Canada? And what says the same writer on this point?
"The capture of Canada is certain, whenever the Americans please to take it.—It a war takes place, the Americans may indeed take possession of Canada, to prevent the English from having any port on the continent for ships to water at.—I do not like to speak positively, without having solid grounds: in consequence, I applied to a gentleman on whom I could depend, who has perfectly satisfied my mind. I have annexed in the appendix the force which three of the United States can furnish, and which may be collected in one point in the state of Vermont, in one month, at a distance of not more than 300 miles from Quebec. My idea was that the army could march from Vermont with as much ease to Quebec, as it could from London to Liverpool, and I asked a gentleman who had travelled the road the question, and his answer was "that they could not do it quite so fast, as the road was not so good." Perhaps Quebec might hold out for a time, but of what use would it be, if the Americans had possession of the country, except the expence to Great-Britain."
Taking these consequences into view, will not G. Britain pause before she provokes us into a war with her?
"Oil without Vinegar."
SPAIN AND FRANCE.
We understand, that the Spaniards are making every exertion to repel their invaders. Three hundred thousand troops are said to be marching towards the frontiers; besides a large army of reserve behind them. The Spaniards have lost all that depressing terror which the names of Bonaparte and a French army used to inspire. Their skirmishes with the French troops in the frontier provinces, the capture of Dupont and the surrender of Junot, were well calculated to remove these alarms. They have already acquired that confidence in themselves, which is so essential to the success and excellence of a nation as well as of an individual in all important concerns. So great is this confidence in the Spanish bosom, that they are said to believe themselves actually invincible. The most determined spirit animates the whole nation. They have passed that point of imbecility and mistrust, when individuals stand upon the brink of danger in a state of hesitation and indecision; weighing the balance of consequences & calculating the chances of disappointment and success. The Spanish nation is one and indivisible. They have risen en masse. There is no le Vendeé among them. All party animosities are removed by the adoption of a central government. The great contest among them is, who shall best guard the privileges of the throne against the perfidy of a foreign usurper. And from the present aspect of their political horizon, as it is viewed at this distance and as its represented by those on the spot, the Spanish nation seem determined and prepared to put forth all their resources and terrors of an united people.—Our latest intelligence is drawn from Malaga, on the southern coasts of Spain, where the French power has not yet penetrated, where the inhabitants are more particularly removed from the scene of danger, and where of course the native spirit of Spain is at liberty to display itself in all its unadulterated luxuriance. But if the spirit of the other regions of Spain is completely in unison with that of Malaga, the nation has reached the highest point of excitement.—The civic character is completely disappearing. Every man is assuming the insignia and habits of military life. Contributions are pouring in from all quarters for the service of the state.
Under these circumstances, it may be said, that the reduction of Spain is the most difficult undertaking of Bonaparte's military life. In no war, perhaps has he encountered an enemy, so firmly united, & so well prepared to match the coming crisis. He has been always before distinguished for the talent of moving with the rapidity of lightning, taking his enemy before they are concentrated, and subduing them in successive operations, by piece-meal. His attacks upon Austria have never drawn forth the whole resources of the Germanic Empire.—The ill-cemented system of that confederation, was at no time calculated to unite the full force of its disjointed members. Besides Bonaparte was always ingenious enough to attach some of these inferior powers to his own interests. His movements too were so rapid, as to beat the Austrian Army by detachment, vanquish a single corps before it could be joined by its companion, and overthrow the forces of Austria, before he met those of Russia. It was in the same way, that he dissipated the elements of the coalition framed for the defence of Prussia. With the celerity of lightning, he overthrew the columns of the latter, traversed the whole kingdom before its ally made their appearance, and then defeated the Russians on the frontiers of Poland. But in the present contest the necessity of preventing a diversion on the side of Austria, has put a check on his usual rapidity. The Spaniards have enjoyed some leisure for collecting their troops and arraying their resources. They are besides, to all appearance, an united and enthusiastic people—they are aided too by the troops and treasures of Great Britain—they have every motive to resist their invader, which indignation can supply to a gallant people—they are not the mere breathing automata who fought under the banners of Austria and Russia—they have principle in their cause; they must feel something of that fire and enthusiasm, which animated the people of the U. States and of France, during their revolutions—though the blessings of Liberty are not staked upon the issue, they are contending for the privilege of choosing their own governors and that species of despotism, which is most agreeable to their feelings and their interests. That this carriage must be dreadful, beyond anything which has occurred during the present storms of the Eastern World, cannot be a matter of doubt. What can prevent it? What arrangement can be made to avert the rising storm?—The Spanish nation have sworn upon the altars of their God, to defend the rights of the throne. Bonaparte has pledged himself to crown his brother in Madrid, and plant his eagles on the ramparts of Lisbon.—We repeat it, that the motives which must animate these adversaries are powerful and commanding. The Spaniards are contending for the rights of their throne; and Bonaparte for his crown. If he be vanquished in this enterprise, there is every reason to believe that his unpopularity and loss of military renown will deprive him of the diadem of France. But though such resources and motives are on the side of Spain, yet it is scarcely possible to believe, that the skill and discipline of the French, the experience and genius of Bonaparte, can be foiled and defeated in such a contest.
EXTRACTS FROM THE JOURNAL OF THE HOUSE OF DELEGATES. THURSDAY, January 5.
The Committee of Propositions and Elections, reported resolutions respecting the contested election of Caroline County:
1. Resolved therefore, as the opinion of this committee, that William Jones is duly qualified by law to serve in this General Assembly. 2. Resolved, also, as the opinion of this committee, that the petition of Henry C. Coleman, complaining of the irregularity of William Jones, returned to serve as a delegate from the county of Caroline, in this present General Assembly, be rejected.
The said resolutions being read a second time, were agreed to by the House.
Ordered, That leave be given to bring in a bill "To supply the deficiencies in the appropriations of last year," and that a committee of Finance do prepare and bring in the same.
Ordered, That leave be given to bring in a bill "Concerning the service of warrants for small debts," and that Messrs. Wooding, Pittman, Rutherford, M'Farlane, Gee, Selden, Tucker, Hughes and Hull do prepare and bring in the same.
Mr. Lightfoot, from the committee appointed on the part of this House to enquire, jointly with a committee from the Senate, into the situation of the house, &c. appropriated to the use of the Governor, made the following report.
The committee appointed on the part of the House of Delegates to examine, jointly with a committee of the Senate, into the state and condition of the lots, houses and furniture appropriated to the use of the Governor of this commonwealth, have, according to order, performed that duty, agreed upon a report and come to the following resolution:
It appears to your committee, after a minute survey of the interior part of the buildings, that various articles of new furniture are indispensably necessary for the comfort and convenience of the Chief Magistrate, and that a great portion of that heretofore provided is somewhat out of order.
It further appears to your committee, that some of the out houses and the enclosures are also out of order.
According to an estimate made by your committee, it appears that the probable expense of procuring additional furniture, repairing that now on hand, and of repairing the houses and enclosures will not exceed the sum of six hundred dollars.
Resolved therefore, as the opinion of this committee, that for the purposes above mentioned, the sum of six hundred dollars is necessary.
Your committee further state, that propositions have been made to them by Doctor John Brackenbrough and Mr. J. Penn, the one for an exchange with, the other for a sale of property to the commonwealth, well adapted in the opinion of those gentlemen for the residence and accommodation of the Governor, which your committee herewith submit to the consideration of the House, having deemed it beyond the sphere of their power to enter into any negotiation with those gentlemen relative to their respective proposals. Your committee cannot however forbear mentioning that the dwelling house at present in the occupancy of the Chief Magistrate, is not sufficiently commodious, nor is it, in their opinion, for its structure and decayed state, susceptible of being rendered so.
The said report and resolution, with the accompanying documents being read, were
On motion, Ordered to be laid upon the table.
Mr. Payne presented, according to order,
A bill "To empower the Executive to appoint persons to collect the arrears of taxes," which was received, and ordered to be laid on the table.
Mr. Shifley (from the committee of Finance) presented, according to order,
A bill "To supply the deficiencies in the appropriations of last year;" which was received and read a first time, and ordered to be read a second time.
On motion, Ordered, That the said bill be now read a second time;
The said bill was accordingly read a second time, and ordered to be engrossed and read a third time.
FRIDAY, January 6.
A communication from the Senate by their Clerk:
The Senate have passed the bill,
"Releasing to Nicholas Gauthier the commonwealth's right to certain land therein mentioned."
Engrossed bills "Concerning certain lands supposed to belong to Drysdale Parish"—"To establish an Academy in the county of Caroline"—"To supply the deficiencies in the appropriations of last year"—"Releasing to the widow and heirs of Richard Lewis, the right of the commonwealth to a certain lot of land therein mentioned"—were severally read a third time and passed.
Ordered, That the clerk carry the said bills to the Senate and desire their concurrence.
The House, according to the order of the day, resolved itself into a committee of the whole House, on the state of the commonwealth; and after some time spent therein, Mr. Speaker resumed the chair, and Mr. Baker reported, that the committee of the whole House on the state of the commonwealth, had, according to order, had under their consideration, a bill "To suspend the operation of executions during the continuance of the embargo, and ninety days after it is raised," had gone through the same and made sundry amendments thereto, which he handed to the Clerk's table, where the same were twice read and agreed to by the House.
A motion was made further to amend the said bill; when,
On motion, Ordered, That the said bill, with the amendments, together with the proposed amendment, be laid upon the table.
SATURDAY, January 7.
A communication from the Senate by their Clerk:
The Senate have passed the bill,
"To incorporate the Culpeper Agricultural & Manufacturing Society"—and
A bill "Concerning certain fines assessed on Peter Beverley Whiting, in his life time, and on his executors since his death," with amendments, to which they request the concurrence of the H. of Delegates.
They have also agreed to the preamble and resolutions on the foreign relations of the U. S. States, with amendments, to which they request the concurrence of the House of Delegates.
The House proceeded to consider the amendments proposed by the Senate to the said bills, & also to the said preamble and resolutions, and the same being severally twice read, were agreed to by the House.—[?] The Amendments made in the Preamble by the Senate were few and generally verbal.—A new arrangement was given to the Resolutions: As they now stand, they are in the following words:
1. Resolved, That the aggressions of Great-Britain and France, have infringed our honor; have violated our rights, have usurped upon our sovereignty as an independent nation—Whereupon,
2. Resolved, That it is better for us to cease to exist as a nation, than to exist under dishonor & violated rights—Whereupon,
3. Resolved, That we will stand by the government of our country; and that we will support them with the last cent of our treasure, and the last drop of our blood, in every measure, either of defence or offence, which they may deem expedient, to vindicate our injured honor and our violated rights.
A bill "To suspend the operation of executions during the continuance of the embargo, and ninety days after it is raised," which was yesterday laid upon the table, with sundry amendments, as reported from the committee of the whole House on the state of the commonwealth, the amendments had been agreed to by the House, was taken up and the amendments further amended.
A motion was then made further to amend the said bill, by striking out the whole of the same as amended, from the word "Assembly," and inserting in lieu of it the following:
"That in all cases where property shall be taken in execution, or tendered in discharge of the body of the debtor, and no person will give the value thereof as estimated by the commissioners, under the act, entitled "An act concerning the sale of property under executions and incumbences," the debtor, or debtors may repay the same for twelve months, and on failure to do so, the property shall be sold on twelve months credit, according to the provisions of the said act."
And be it further enacted, That where any goods or chattels shall be distrained for rent, due in money, the same shall be valued in like manner as property taken under executions, by the commissioners appointed for that purpose, and if the full amount of such valuation shall be given therefor, the tenant or owner of the goods so distrained, shall not be allowed to replay the same, but the said property shall be sold by the proper officer, and the money arising by such sale paid to the creditor, or person entitled thereto, but if the amount of such valuation be not bid for such property, it shall be lawful for the said tenant or owner to replay the same, by entering into bond with good security, to pay one-third of the amount of the debt with interest and costs at the end of four months, one-third at the end of eight months, and the remaining third at the end of twelve months, and if he shall fail to replay, the property shall be sold on credit, payable as aforesaid, the officer taking bond with good security of the purchasers; and if the money shall not be paid according to the condition of any such bond, it shall be lawful for the creditor, or his other assignee, or the attorney of such creditor or assignee, to lodge the same with the clerk of the county or corporation wherein such distress was made, with an affidavit showing the amount of the money due at the periods therein mentioned, and such clerk may and shall thereupon issue execution for so much as from the said bond and affidavit shall appear to be due; upon such executions the clerk shall indorse "no security to be taken."
On twelve month bonds heretofore, or hereafter to be given or on judgments rendered on bonds heretofore or hereafter to be given for the forthcoming of property, executions may issue at the expiration of four months after such judgment shall have been, or may be rendered, or the amount of such twelve months bond shall have, or may become due, for one-third of the debt, interest and cost of such twelve months bond or judgment. At the end of eight months, execution may likewise issue for one other third of the amount of such bond or judgment, and any part that may then be unpaid, of the third for which execution had or might have been issued as aforesaid; and at the end of twelve months, execution may likewise issue for the balance due on such bond or judgment. On security executions, the clerk shall indorse "No security to be taken."
On all executions which may be in the hands of a sheriff or other officer at the time of the passage of this act, the same proceeding shall be, as would have been had all such executions were issued after the passing of this act.
Nothing herein contained, shall be construed to relate to judgments recovered by a security against his principal, or by one security against another, to judgments obtained against attorneys at law, for money received by them for their clients, to judgments obtained against sheriffs, serjeants or constables, or their deputies, for monies received by them by virtue of their respective offices, or for any delinquencies in office, or to judgments obtained on behalf of the commonwealth.
The commissioners valuing property under this act, shall govern themselves according to the directions of the above recited act.
All laws within the purview of this act, are hereby declared to be suspended until the rising of the next General Assembly; when this act shall cease and determine.
This act shall commence and be in force from and after the
And the question being put on agreeing to the proposed amendment, it passed in the negative. Ayes 31—Nays 139.
A motion was then made further to amend the said bill, by adding after the following words, in the 7th section, "All proceedings shall be suspended on deeds of trust," the words "hereafter executed," and the question being put on the proposed amendment, it passed in the negative. Ayes 47—Nays 119.
SUNDAY, January 9.
A communication from the Senate by their Clerk:
The Senate have passed the following bills, to wit:
A bill "Concerning John Stewart," and
A bill "Reviving the inspection of tobacco at the town of Brookneal, in the county of Campbell, and for other purposes."
They have also passed the bill "Authorising Caleb Hart to remove the obstructions to navigation in Hyco river, within a certain distance therein mentioned, and for other purposes," with amendments, to which they request the concurrence of the House of Delegates.
The House proceeded to consider the amendments proposed by the Senate to the said bill, and the same being twice read, were agreed to by the House.
Engrossed bills—"Allowing further time to the owners of lots in the town of Beverly, to improve the same,"—"Authorising the collection of certain taxes due in Prince George county for the year 1805,"—"Suspending executions during the continuance of the embargo, and ninety days after it is raised,"—were severally read a third time and passed.
A bill "Authorising the Register of the Land Office to appoint an additional clerk," was received and ordered to be laid upon the table.
On motion, Ordered, That the resolutions on the committee of Propositions and Grievances, on the petition of the president and directors of the Little River Turnpike Company, which were heretofore laid upon the table, be re-committed to the committee of Propositions and Grievances.
We are authorized to state, that Mr. JOSEPH GWYNN, Senr. of Nansemond, is a candidate for the Senatorial District, composed of the counties of Princess Ann, Norfolk and Nansemond.

EUROPE.
SPAIN.
Fragment of a letter written to Charles IV. of Spain, by the Bishop of Orense, on the 7th of October, 1808.
This fragment has recently been published at St. Petersburg. It is an interesting memorial of the council which was rejected by the late unhappy government of Spain. The venerable prelate's letter to the Council at Castile, on the second of last July, is well known. An additional importance is attached to the bishop, from the high rank of inquisitor general, which has been conferred upon him by the central junta at Madrid.
"SIRE, Though convinced of my inability, and without those lights that arise from a practical knowledge of the state of your majesty's dominions, and of the circumstances which might require the resolution which your majesty intimates, in the note with which your majesty has been pleased to honor me, I cannot fail to obey your majesty, and state what I think, on so important a subject, after imploring the Lord to grant your majesty light and wisdom, and me all that is requisite to discharge the trust which your majesty's extreme goodness imposes upon me.
"Your majesty has seen by experience, that the Americans are much exposed, and of the difficulty, and almost impossibility of defending all the dominions of your majesty in America. The United States of America, that power which France and Spain protected and strengthened, cannot fail to be animated by the spirit of commerce, which will raise that of war and conquest. It ought, therefore, to awaken no slight apprehensions and fears. The power, the riches, and the dominions of the seas, possessed by England, will facilitate her undertaking: and what ought not to be thought and feared of the terrestrial comet of our days, notwithstanding the repeated declaration, that no conquests of states on the continent are desired, but only commerce and colonies? But does her flatter herself to take these colonies from England? Will she attack those of Holland? Can she content herself with those of Portugal? And will she fail to turn her eyes towards those of Spain?
"Your majesty will pardon me so violent a digression forced on me by my love and fidelity, and my many obligations towards your majesty's royal and august family. Your majesty has reflected on the difficulty and almost impossibility of defending your American dominions. Are those of Spain herself secure? What shall withhold him whom his admirers call emperor of the west, if his imperial and acquired dominions should be confirmed by a peace, or a fortunate issue of the war? Having nothing to apprehend from the north and south, will he not turn his eyes towards the columns of Hercules and Cadiz? And will he not see that in conquering Spain that Pallas Athena.
Can your majesty without peril confide in the security of his friendship, treaties and words? Will he not require that Spain, Portugal and their American dominions, form a confederation like that of the Rhine, and become the feudal vassals of his empire? And will he stop here? The august family of the Bourbons ought to fear him, on account of their rights to the throne of France. What does his having seized a pretence for driving from the throne of Naples the august brother of your majesty, and all his descendants imply? The crown of Etruria is always in his power; a decree suffices to take it away. Spain alone can preserve her existence, by the energies of a vigilant government, attentive to her policy, her strength and the necessary preparations, and solicitous to gain the love of the people, and, above all things, to aid the pious intentions of your majesty, your zeal for the true religion, the correction of vice, and the protection which your majesty is desirous, and ought to grant to the church and her ministers.
(The fragment then proceeds to observe on the necessity of reforming the manners of the people, and also to introduce an economical administration of the revenue, and a correction of abuses in the state.)
"Cannot means be found to diminish the contributions of the state, without prejudice to the royal treasury—to abolish the new taxes, and by altering the laws respecting contraband, remove a snare from the consciences of your subjects, who are compelled to get smuggled goods, and practice a variety of frauds and impositions? The wise and just ministers of your majesty will no doubt find them—at least I think it will be less difficult than is imagined. But is necessary to return to the principal object."
FRENCH OFFICIAL ACCOUNT.
Of the operations of the army in Spain, From August 12, to October 12, 1808.
[It will be remembered by the reader of this paper, that we have before published the French military history of recent events in Spain and Portugal, down to the first date above-mentioned.]
"After the events that had passed in Andalusia in the month of July, the king repaired to Burgos, where the two corps of Marshal Bessieres and Moncey are united. This changing of the position was not determined by the movements of the enemy, who has never dared to face our troops, nor to present themselves in the plain, but from political motives, which every man of sense knows how to appreciate. We have completely succeeded by those means to render of no avail the efforts which the English made to disturb the tranquility of the provinces of Ebro and Burgos. The flames of the rebellion have not propagated themselves hither; we maintain free communications with France. The army reposes in order to completely organize itself; it has beaten the enemy wherever he has dared to show himself; it has received reinforcement from France; it has destroyed by its good conduct and continual success, the calumnious reports spread by the enemy in the provinces which they occupy, and the inhabitants of which have been always imposed upon by the insinuations of the English. On the 12th August, the General of Division, Merino, received orders to seize upon Bilbao, with the 42d and 51st regiments of the line, and the 26th of chasseurs. The English had disembarked there some men and warlike stores, and many incendiary writers. The town was occupied by the insurgents, the major part of which came from the mountains of St. Ander, and the others from the neighboring country. The rebels were entirely destroyed; 1200 of them perished in the place. The wreck of this army is dispersed, after abandoning all its artillery and baggage. The English officers were the first who fled, nevertheless some of them could not reach the vessels which waited to convey them to Portugal. We surprised in the crowd, eleven monks attached to cannon, which, like moles they were dragging. Not one of them escaped. Gen. Merino entered into the town, and established tranquility in it. Admiral Massieu, Marine Minister, was sent to Bilbao; he assembled the juntas and the Province, and was satisfied with the good spirit of the Deputies, and the resolutions which were adopted. At the moment of the attempt of the insurgents directed against the right of our army, the enemy seized upon Tudela, fifty leagues on our left. General Lefebvre des Noailles, marched with three hundred Polish troopers and two pieces of cannon to meet them. He met his advanced guard composed of from six to seven thousand men, immediately fell upon it, made some hundreds of prisoners, & took two cannons. The king gave orders to Gen. Moncey to attack the enemy, and occupy Tudela. His Majesty marched with his reserve towards that point, commanded by Capt. Saligny, Captain of his Guards; Marshal Jourdan, Major General, and General Ballard, Chief of the Staff, accompanied his Ma-
esty. The enemy had at Tudela 20,000 men, but this did not retard Gen. Moncey, who entered the town on the 31st August after having dispersed their rear-guard, pursuing them almost to the gates of Saragossa. During this transaction the centre of the line had never seen the enemy, the most intrepid part of whom had not dared to advance more than three days journey from Burgos. He nevertheless made a new movement in the mountains of St. Ander, near the sea, upon the right of our army, and attacked Bilbao on the 20th of September.
"Marshal Ney fell upon him with four regiments; 10,000 insurgents were overthrown, and fled into inaccessible mountains after having been pursued two days. Since this affair Gen. Merino has remained at Bilbao, with a corps of his troops, and Marshal Ney has taken his former position.
"The enemy not daring to approach the front of our army by the roads of communication, and persisting in his designs to turn it, by maneuvering upon its flanks, fell upon the left of the army at Sanguesa, where he was repulsed. Colonel Clopin took two pieces of cannon.
"Gen. Bick having united in the mountains from 22 to 24,000 men, again disposed himself anew to march against Bilbao. He was already within two leagues of the town, when the king, informed of this movement, ordered Marshal Bessieres to attack Orduna, with the divisions of Monton and Male. The troops were animated with the best spirit; they hoped, at last, to meet the enemy. If the insurgents had persisted in issue of which would not be doubtful; but, fired precipitately into the mountains. Every thing persuades us to hope, that the insurgents will at last abandon their project, of turning our position. Three times they have made the attempt; what success can they hope from it, especially at a time when the troops coming from France will protect the flanks of our army.
"They must decide to give regular battle, & measure their forces with the French in the plain, or rather, which will be most conformable to the true interest of the Spanish nation, return to obedience, acknowledge their error, and turn their arms against the only enemy of Spain. Already the most enlightened part of the nation appreciates the benefits of the new constitution, & are only prevented by fear from making these sentiments known.
"The 86th regiment of the line, a regiment of grenadiers, a regiment of light cavalry, three battalions of voltigeurs of the king's guard, and 3 German regiments have entered Spain. The division of Gen. Sebastiani, composed of 15,000 men, has already entered Bayonne, in which place, between the 20th and 30th of this month 100,000 men will arrive.
"The inhabitants of our faithful provinces see with pleasure the moment when our army will be able to march forward and hasten the arrival of the so much desired general pacification of Spain. Such will be the result of the good disposition of the greatest part of the inhabitants, from the particular knowledge which they have acquired of the personal character of the king, and of the immense forces which he has at his command, and which he will employ to give peace.
"The present moment is decisive for the Spanish nation, if, in awaking from their lethargy, they know their true interests: if they unite around their prince and their constitution, they will see in Frenchmen nothing but allies & friends. Then every thing might change; a moment only will be sufficient to render worthy of pity the Granules, who, after having solicited employment from the king, in virtue of which, they took the oath of fidelity, did not attach themselves to his majesty. Those monks who might have tranquilly passed their lives in their convents, agreeably to the promise which the king made them at Madrid: All those privileged persons who deceive the people, and excite rebellion, under pretext of supporting their interests, who are far from being injured by the new order of things, and who deceive themselves in thinking that they defend their particular interests, which are not menaced—It is, and always will be possible to do general good without injuring the interests of any class of citizens; and shall this be possible when the war shall have carried its ravages into all parts of the country. Will not the first authors of this sedition, be the first victims, and will the king, after having been obliged to fight and conquer Spain, consent to preserve, untouched, the colossal riches of the great and the clergy, who must be declared enemies of his people and of his throne? To-day the regeneration of Spain may be effected without diminishing the prerogatives of the privileged classes. To-morrow, Spain being conquered, its regeneration must be immediate and total."
Blade.
BALTIMORE, Jan. 6.
We understand a letter is in town, from Havana, dated 15th ult. which mentions, that the port has been closed to American supplies, and that vessels, then there, were refused permission to unload. This prohibition was laid at the instance of the people of Vera Cruz, who propose to supply the island themselves. North American. [The Havana Aurora of the 14th received at the office of the Federal Gazette, is silent on the subject.]
Extract of a letter, dated Vera Cruz, November 16, 1808.
"The British frigates M— and Diomed, sailed lately from this port, bound to Spain, with five million of dollars on board for the Junta; & the Spanish line of battle ship St. Just, will sail in a few days with eight million on board; of which six million is for the Junta, and the remaining two for individuals. This money, and a further sum which will soon follow it, will, I trust, enable our brave Patriots to resist effectually the monster Bonaparte. In.
To the enterprize and perseverance of Dr. Benjamin W. Case, of Newport, the public are indebted for the recent discovery of a valuable Coal Mine, on the Farm of Mr. Benjamin Browning, near the New Stone Bridge, at Howland's Ferry. Coal was found in less than ten feet from the surface of the earth; the stratum is supposed to be of great extent as well as depth; more than 30 feet perpendicular having already been dug into the coal. Specimens from this mine have been tried, and the coal is pronounced by competent judges to excel any other hitherto discovered on the island; and resembles most, and is said nearly to equal the famous Kilkenny Coal. N. Y. Merc. Adv.
Extract of a letter from Kingston (Jam.) dated 5th Dec. received by the Friends, arrived at Philadelphia.
"We have just time by this opportunity to inform you, that owing to the sudden prorogation of the colonial assembly, no duty has been laid on American produce, nor can the attempt be renewed for six months."
NOTICE.—All persons indebted to the Estate of Mary Seabrook, dec'd, are desired to make immediate payment, and those who have claims upon the said estate, are requested to make them known to the Subscriber, before the first Monday in March next, for at that time he intends closing his executorship.
JAMES SEABROOK. December 31. oaw4w.
BY virtue of a deed of trust, executed to the subscribers by Gerard Banks, to secure the payment of several sums of money, due to John L. Harris & Co. which deed has been transferred to Wm. C. Poindexter: Will be sold on the premises, on the 21st day of January next, to answer the purposes specified in said deed, to the highest bidder, for ready money, so much of a tract of LAND, in said deed mentioned, containing seven hundred and eighty-four acres, lying in the county of Goochland, adjoining the Lands of Geo. W. Payne, Duquid Mims, Gideon Mims, and others, as may be necessary to pay the balance due on said deed, which is about $1200, and the expenses attending the sale. The subscribers acting as trustees, and being no way interested, will convey to the purchaser, such title only as accrued to them by virtue of the deed of trust aforesaid. Wm. C. POINDEXTER, } Trustees. FREDERICK HARRIS, } dec. 20. oaw4w
FOR SALE, the TENEMENT on which the subscriber lives, situated on Church-Hill, within about one mile of Richmond Market, containing two and half acres of Land, well enclosed and highly improved. The buildings consist of a large and well constructed Dwelling-House, Laundry, Kitchen, Dairy, Smoke-House, 2 Stables, Brick Office, Coach-House, Barn, Stable, and Ice-House. All these buildings are in complete order for the accommodation of a large and genteel family, who may have easy access to all the advantages of the city, and live as retired as they could wish in the country. JOHN ELLIS. [oaw4w] nov. 25.
IN CHANCERY.—At a Court held for Albemarle County, the 5th day of Dec. 1808. Nimrod Brantham, Plaintiff—vs—Jno. Jouett, Alice Jouett, heirs of Robert Jouett, Nathan Crawford and Margaret his wife, John Allen and Mary his wife, John Mills, Miriam Mills, Margaret Mills, Frances Mills, Milton Rodes and Elizabeth his wife, Charles Jouett, Thomas C. Fletcher and Susanna his wife, Defendants. The Defendants John Jouett, John Allen and Mary his wife, and Charles Jouett, not having entered their appearance and given security according to the act of Assembly and the rules of this court, and it appearing to the satisfaction of the court, that they are not inhabitants of this Commonwealth: On motion of the Plaintiff, by his Counsel; It is ordered, That the said defendants do appear here on or before the first Monday in March next, and answer the bill of the plaintiff, and that a copy of this order be forthwith inserted in some public news-paper, printed in the city of Richmond, for eight weeks successively, and posted at the front door of the court-house of said county on some court day. A Copy Teste, ALEX. GARRETT, D. C. dec. 13. oaw8w
EDUCATION.—The Subscriber returns his thanks to the public, for their confidence in him as a teacher, and solicits a continuance of their patronage; he hopes, that from his experience and diligence in his profession, he shall be able to give general satisfaction. He proposes to continue his SCHOOL, the ensuing year, for the instruction of boys in the Greek, Latin and English languages, Geography, and the use of the Globes, the elements of Geometry, with practical Surveying, also the elements of Natural Philosophy, Writing and Arithmetic, Vulgar, Decimal and Analytical. The price of board, tuition, washing, bedding and fuel will be an hundred dollars for the term, paid quarterly in advance, to commence on the sixteenth of January, and expire about the tenth of December following. Humanity Hall, Forks of Hanover, THOS. NELSON. December 13th, 1808. oaw4w
TWENTY DOLLARS REWARD.—Ran away from the Subscriber, living in Brunswick county, about the 1st of Sept. last, a yellow fellow named JACK, about thirty-five or sixty years old, five feet nine or ten inches high, strait made, has a burn on his left elbow, which prevents him from straightening his arm, and always carries it crooked; one of his under fore teeth on his left side is out; his address is extremely polite and humble in his manners, and has some pretensions to the Barber's trade. The said fellow ran away and was absent for 7 or 8 years, and was apprehended in Baltimore, at which place and Hagerstown, in Maryland, he commonly frequented, and passed for a free man by the name of Peter Jones, at either of which places, or Norfolk, Virginia, it is expected he is gone. The above reward will be given, if delivered to me in Brunswick county, Va. or secured in any goal in the United States, so that I get him, or information of the same. CHAS. CORDLE. dec. 17. oaw2m
THE SUBSCRIBERS have on hand, at Private Sale— 10 Hogsheads, and 90 Barrels Loaf Sugar, 15 Hds. Brown Sugar of superior quality, 10 Tierces prime Green Coffee, 20 Bags of superior white do. 20 Hds. Molasses, 9 Casks old Port Wine, of superior quality in Bottles, 6 Casks Stoughton's Bitters, containing 2 doz. Pint Bottles each, 3 Do. Raspberry Brandy, 3 Do. Methedlen, Choice old Cogniac Brandy in Pipes, Holland and Country Gin in Do. Candles and Soap in boxes, Ground Ginger in Kgs. &c. &c. ALSO: 12 Bales Kendal Cotton, with a very general assortment of coarse Woolens, all of which will be sold low for cash, or on short credit, for approved endorsed negotiable notes at the Bank of Virginia. PROSSER & MONCURE. dec. 27. oaw4w
N. B. COAL will be given for two likely young Negro MEN, that have been accustomed to plantation business, and an unexceptionable COOK; and for sale, the best male House Servant in Virginia: Also, 35 Virginia Bank Shares, for cash by P. & M. dec. 27.
NOTICE.—On Friday the 26th day of January next, will be sold, to the highest bidder, at the plantation of the late Wm. Friend in Amelia, sundry valuable PROPERTY, to wit: The Stock of Cattle, Hogs, Horses and Sheep, the crop of Corn, Fodder, Shucks, &c. and about 200 bushels of Wheat, plantation Utensils, and about 20 likely young Negroes.—Terms of sale—one third cash, and the balance in 12 months. At the same time, will be offered for sale, the above mentioned tract of LAND, upon a credit of one, two and three years. Persons disposed to purchase this Land, had better view the same before the day of sale. In every instance, bond and unquestionable security will be required. All those indebted to the said estate, will please make immediate payment, & those having claims, will present them on or before the day of sale. THOMAS BRANCH, Executor. Chesterfield, dec. 13. oaw6w
NOTICE.—Cash given for Northern & Southern Bank NOTES at a moderate discount by SIMPSON MORRIS. Richmond Dec. 14.
THE SUBSCRIBER wishes to know (By letter) who is owner of a SOWAY mule in the name of Philip R. Pendle, of 35,000 acres, in Wythe and Washington counties, Virginia, on the waters of Reed Creek and Holston River. SAMUEL GRAHAM. Wythe, Jan. 5. oaw3w
YOUNG LADIES' BOARDING-SCHOOL, WACHAPRETEUE.—Embraced by the general appropriation which was expressed by those patrons of Literature and Arts who honored this institution by their attendance at the late public recitation, and grateful for the examinations they witnessed whilst viewing the exhibition of penmanship, needle-work, embroidery, &c. &c. I venture again to offer my services in the discharge of those duties which have occupied a material part of my latter years. Animated by the prospect of meeting the support I have hitherto received, and contemplating the pleasure I have in view, by further contributing to the benefit of the rising generation; I intend dedicating my whole time to the improvement and edification of such Young Ladies as may be entrusted to my care: Assuring their parents, guardians, &c. that it shall be my constant study to discover the turn or bent of their minds; that where it is necessary, I may be able, by gentle and persuasive means, to so motivate their dispositions as to induce them to wish to learn; and where the propensity is already discernable, to heighten it by just commendation, that it may become more sedulously emulous. The utmost caution shall be used to preserve them in health, to impress them with just notions of piety and virtue, and to make them understand the necessity of attending to moral and domestic economy. In fine, such will be my pride to give entire satisfaction, that they shall know no other difference by being from home, than the absence from their parents, &c. and being obliged to attend diligently to the orders and regulations of this institution. As viewing what has been done, is a better criterion than any other whereby to judge what may be attained, the subscriber begs leave to inform the Ladies and Gentlemen of Richmond, and its vicinity, that a Specimen, the performance of a Young Lady of that city, who was only eighteen months at the above Seminary, may be seen on application at Mr. Archibald Nisbet's, Merchant in Richmond. SARAH FALKENER. O Every possible exertion is employed to procure a discreet & properly qualified person to teach Music. The School will be opened on the first day of January next. The terms for tuition, board, washing, lodging, &c. &c. are one hundred and five dollars. For day scholars twenty dollars per annum. The house is remarkably commodious and well constructed for the preservation of health. Warrenton, North-Carolina, December 19th, 1808. 1aw4w
IN CHANCERY.—Northumberland County Court, 14th Nov. 1808. George & Thomas Brown, Complainants—vs—against Jacob Walsh, Jr. & Stokely Townes, Defendants. THIS day came the complts, by their counsel, and the deft Walsh, not having entered his appearance and given security, according to the act of Assembly and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this state, on the motion of the complts, it is decreed and ordered, that the said deft Walsh appear here on the first day of March term next, and answer the bill of the complts, with inserted, and that a copy of this order be forthwith inserted, for two months successively, in some news-paper published in the city of Richmond, and posted at the front door of the court-house of this county. And it is further ordered, that the deft Townes, retain in his hands whatever money or property he may have belonging to the said Walsh, until the further order of the court. Attest, FLEM, BATES, C. N. C. oaw8w
VIRGINIA.—At a Superior Court of Chancery, held at the Capitol, in the city of Richmond, the first day of September, 1808. James Goshen and Mary his wife, late Mary Tucker, Administratrix of Joel Tucker, deceased, and relief and executrix of Wm. Parrott, deceased, and in her own right, Plaintiff—vs—against Joseph Wilson and John Groves, Defendants. THE defendants Joseph Wilson and John Groves, not having entered their appearance and given security according to the act of Assembly, and the rules of this court, and it appearing to the satisfaction of the court, that they are not inhabitants of this country, on motion of the plaintiffs, by counsel, It is ordered, That the said defendants do appear here on the first day of the next term, and answer the bill of the plaintiffs, and that a copy of this order be forthwith inserted in some news-paper published in the city of Richmond, for two months successively, & posted at the front door of the capitol in the said city. A Copy Teste, PETER TINSLEY, C. C. jan. 5. oaw8w
BY virtue of a deed of trust, bearing date anterior to the act, entitled "an act, concerning the sale of property under executions and incumbrances," executed to the subscribers, by Efford Bentley, in order to secure the payment of a sum of money due to Thomas Partin, as therein expressed—we shall, on Tuesday, the 17th inst. if fair, if not the next fair day, at Paineville in Amelia county, expose for sale, at public auction, for ready money, twelve NEGROES, as mentioned in said deed, to wit: Isham, Ned, Jack, Nancy and her children, Thomy, Peter & Amy, Phebe and her children, Tabby, Joshua and Nelson, and Rachel, or so many thereof, as will be sufficient to discharge the debt mentioned in said deed of trust, with the interest & cost necessarily incurred by carrying the said trust into execution. The above deed of trust is recorded in the county court of Amelia. ARMSTRONG T. TOWNES, } Trustees. PETER RISON, } january 5. oaw3w
RED SULPHUR SPRINGS, Monroe County, Va. The Subscriber takes this early opportunity of informing the public, that he has leased the RED SULPHUR SPRINGS, and he pledges himself that no pains or expence will be spared on his part, to give general satisfaction to those who may visit said Springs. There are six additional houses now building, which, together with the buildings already completed, will enable him to accommodate one hundred Boarders, with their servants, comfortably. He deems it unnecessary to say any thing of the valuable properties of said Waters, as the benefits experienced by persons visiting them, have already spread their fame through the greater part of the United States. Letters and News-Papers directed to the visitors at said Springs, will be delivered at the place once a week. There will be a Store kept at said Springs, containing a general assortment of Goods, Medicine, &c. dec. 17. ISAAC ESTILL. oaw5w
VALUABLE PROPERTY, FOR SALE.—The owners have become desirous of selling that well known, and valuable Property, the WARM SPRINGS, lying in Bath county, with all the Land and Tenement, belonging thereto, or they will sell the Springs with 5 or 6 hundred acres of Land. It would be useless to say any thing about the situation of those Springs, and their great Medical qualities, with the superior advantages attached to them, over any of the other Mineral Waters in this country. As it is presumed that no one will attempt to purchase, who is not well acquainted with them, or who will view the property before they purchase. Any communication on this subject, addressed to the Subscriber, will be specially attended to. CHARLES A. LEWIS. Warm Springs, december 10. oaw3w
N. B. A considerable prompt payment will be expected, and a few likely young NEGROES taken
THE SUBSCRIBER wishes to know (By letter) who is owner of a SOWAY mule in the name of Philip R. Pendle, of 35,000 acres, in Wythe and Washington counties, Virginia, on the waters of Reed Creek and Holston River. SAMUEL GRAHAM. Wythe, Jan. 5. oaw3w
KINBY, DRAKE & TAYLOR, intending to close their present concern, will dispose of those stocks of DRY GOODS, at reduced prices for cash, or on short credit, for approved notes in tow. Those persons indebted to the concern by open account, are requested to make payment or execute bonds for their respective amounts. dec. 17. PROSSER & MONCURE. oaw4w
LOST, a NOTE signed by Wm. Crawford, & endorsed by John Clarke, both of the city of Richmond, dated the 1st of Nov. last, and due the 1st day of May, 1809, amounting to $500 1/2. It is supposed it has been dropped in the street. Any person having found the same, will be liberally rewarded on leaving it with the subscribers. All persons are forwarded from receiving or trading for the same in any manner whatever. dec. 27. PROSSER & MONCURE. oaw4w
WILL BE SOLD, to the highest bidder, at Hanover court-house, on the 25th of January, 1809, being Hanover court day, by virtue of three Deeds of Trust, executed to the subscribers, by Samuel Richardson, to secure the payment of certain sums of money, therein expressed, a tract of LAND, lying in the county of Hanover, containing 227 acres, more or less, adjoining the Lands of Wm. Vial and others. The terms will be, one-third cash, one-third in nine months, and the other third in twelve months, to carry interest from the day of sale. PARKE STREET, JOHN B. JOHNSON, } Trustees. 2aw4w dec. 27.
FOR SALE.—Will be sold, on Tuesday, the 16th Jan. to the highest bidder, on the premises, five valuable half-acre LOTS, situated in Duvall's plan of the city of Richmond, and adjoining to the house and lot of Mr. Elisha Price, & on the day following, will be sold, the HOUSE & LOTT whereon the subscriber at present resides. Terms made known on day of sale. D. DORRINGTON. Dec. 31. 2aw4w
LANDING from the Schooner RICHMOND at Lester's ear Wharf: 23 Crates Earthen Ware, 25 Hds. Mucorado Sugar, 11 Do. Green Coffee, 9 Bales Woolens, IN STORE—100 bags Salt, 15 Hds. Molasses, 10 tierces green Coffee, 6 quarter casks Sherry, 3 pipes Gin, 50 boxes Segas, 8 bags Race Ginger, Souchong, Hyson Skin and Young Hyson Tea. For sale by GEORGE WATT. nov. 4. [u]
DESERTED, from the service of the United States, on the 8th inst. a Musician in the 5th regiment of Infantry, named HUGH WESTERN, thirty years of age, of a sallow complexion, grey eyes, light hair, 5 feet 7 inches high; when spoke to he has a down look, slow in speech, and much addicted to strong drink; was born in South-Ambey, (New-Jersey)—Had on when he deserted, a drummer's uniform, which it is conjectured, he may have changed for those in which he was enlisted, viz. light colored Virginia cloth coat and pantaloons, swansdown vest and cotton shirt. A reward of Ten Dollars will be given to any person who will deliver said Deserter to me or to any officer in the United States' service. COLIN BUCKNER, Capt. 5th regiment Infantry, Fort Norfolk, Dec. 31. tf
DESERTED, from the service of the United States, on the 20th ult. DANIEL LUCAS, a private of the regiment of Light Artillery, Virginia, (but whose parents now reside in Amelia) is 23 years of age, 5 feet 9 inches high, of a fair complexion, blue eyes, brown hair, and was by occupation a farmer. He had on at the time of his desertion, the uniform of his regiment. The usual reward will be paid on his delivery to me at Fort Norfolk, or to any other officer of the United States' army. WINFIELD SCOTT, Capt. U. States' Light Artillery. december 31. 2aw3w
THE partnership of Daniel Triplet & Co. is this day dissolved by mutual consent. DANIEL TRIPLETT, SAML. P. PARSONS.
THE Subscriber wishes to hire 40 or 50 NEGRO MEN, and a few BOYS of 14 or 15 years of age, to work at the coal business the ensuing year. DANIEL TRIPLETT. dec. 22. tf
TO JOHN FOWLER of Kentucky, and JORDAN HARRIS, of Virginia, GENTLEMEN, Take notice, that on Thursday the 12th of next month, at John Anderson's Tavern, in New-Canton, I shall proceed to take the depositions of Robert Moseley and others, to continue from day to day, until finished: And on Friday, the 20th of next month, I shall, at Buckingham court-house, again proceed to take the depositions of Daniel Guerrant and others, which depositions are to be read as evidence in a suit depending in the High Court of Chancery for the Richmond District, wherein I am plaintiff and you are defendants. Yours' &c. PETER GUERRANT. dec. 27. tf
NOTICE.—In the year 1793, a request was made by letter from a gentleman in Virginia, (through Mr. Joseph Johnson, Consul in London) to Mr. Thomas Dugges, then in England, to make enquiry for the heirs or the family of a Mr. Abraham Milnes, who, when a youth, left Brigg-house near Huddersfield in Yorkshire, for America, and was a clerk to a merchant in Virginia, afterwards kept a store of his own, had a partner in trade, & died unmarried, about the year 1753, leaving landed and other property. Unfortunately, by the loss at sea, of the ship Jane and Rachel, capt. Dade from London to Alexandria, in the year 1798, the letters of request and other papers and memorandums were lost, and even the writer's name, which is supposed to be Parly or Farely, as well as his place of residence have been forgotten, but is guessed to be near Petersburg in Virginia. The subscribers, or either of them, will be much obliged to any one, informed of either of the parties above alluded to, or can give any trace as to their residence, or informed of any landed or other property of said deceased Abraham Milnes, or by letter directed to the subscribers as below; and they will thankfully pay any costs for ascertaining the names, places of residence, or effects of said deceased, &c. &c. GEO: MILNES, Merchant Boston. THOS. DIGGES, Fort Warburton, Potomac, Maryland.
GEO: W. RIGGS, George-Town. October 14. [3m] * His name was spelt Mills or Milnes.
BROKERAGE AND COMMISSION BUSINESS.—The subscriber respectfully offers his services to his friends and the public, in the above line of business and solicits their patronage. G. GREENHOW. Dec. 15. [oawtf]
RUMFORD ACADEMY.—The same branches of Literature and Science, will be taught at this Seminary, the present year, that has been heretofore; and the terms of Board and Tuition will also continue the same, viz. $30 for the first, including Washing—and $10 for the latter—each to be paid quarterly, in advance. Capt. John Fox, will act as Steward, and the Subscriber and his assistant as teachers. GILES TERRILL, King William County, Jan. 5. 2aw2w