Virginia Argus (Richmond, Va.), 1809-08-04 00:00:00

VIRGINIA ARGUS.
[XVIIth YEAR.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No. 1675.]
RICHMOND:—PRINTED (ON TUESDAYS AND FRIDAYS,) BY SAMUEL PLEASANTS, JUNIOR, PRINTER TO THE COMMONWEALTH.
[Four Dollars Per Annum—Paid in Advance.]
FRIDAY, AUGUST 4, 1809.
[12 1-2 Cents Single.]
LAND OFFICE, August 1st, 1809.
List of an Original Land Warrant, for which Exchange Warrants have been granted, published agreeably to an Act of Assembly, passed the 1st of February, 1809.
   Name of original holder. Right on which original warrant issued. Number of original warrant. Acres. Date. Names of indorsers, assignors and assignees, also place of residence of those to whom Exchange Warrants have issued, and also number and quantity of acres of Exchange Warrants.     Lt. Col. Michael Ryan. Treasury right. 18,705 10,000 August 14th, 1783. Matthew Aikin devisee of Matthew Aikin, dec'd. } who was assignee of Michael Ryan. Jonesborough Tennessee 2015 to 2034 incl. 100 each   Same do. do. ditto 2035 to 2049 incl. 200 do.   Same do. do. ditto 2050 to 2059 incl. 200 do.   Same do. do. ditto 2060 to 2084 incl. 400 do.  
EDWARD C. DAVIS, Register.
FOR RENT, and immediate possession given, A LUMBERHOUSE that will hold from 60 to 100 loads of tobacco. (either with or without a large loft over it). It will answer well for a Tobacco Manufactory, or a Wheelwright's or Coachmaker's shop, as it has a good inclosed yard attached to it—also a small brick house with but one room on a floor—also a Store on the Main Street opposite the Bell Tavern, and formerly occupied as a Printing Office and latterly as a Bookbinder's shop. Enquire of the subscriber, living at the Falling Garden.
James Lownes.
Richmond, 8th month 1st, 1809.
RICHMOND TURNPIKE COMPANY. At a meeting of the Directors of the Richmond Turnpike Company, on Saturday the 29th of July, 1809—
Resolved, That the share holders in the company pay to the Treasurer five dollars on each share held by them respectively in thirty days from this day, and the further sum of five dollars on each of the said shares in sixty days from this day.
Resolved, That the shares of all delinquent share holders in the Company be sold on the first Saturday in September next, being the 2d day of said month, at the Washington Tavern in the City of Richmond, at 12 o'clock of that day.
(A Copy) N. SHEPPARD, clk.
IN COUNCIL, July 26th, 1809. PROPOSALS will be received by the Executive until the tenth day of August next for furnishing 1400 White Oak Spokes, 700 Willow Oak Felies, 120 Black Gum Naves, and 60 Hickory Axle-trees, all of seasoned timber and of such dimensions as shall be described by Alexander Quarrier, to the persons disposed to make such proposals.
DANL. L. HYLTUN, Clerk of the Council.
By virtue of a deed of trust bearing date the twenty-fourth day of October, eighteen hundred and eight, executed by Thomas P. Holman to the subscribers as trustees, for the purpose of securing a sum of money therein mentioned, to be due to Richard Booker, will be sold, for cash, at John Crisp's Tavern, on the first day of September, next, if fair, if not, the next fair day, the following property, to wit: one negro man named George, one negro woman named Suke, one other named Lilly, three feather beds and furniture, one grey horse, one bay horse, and some household and kitchen furniture. The subscribers will only convey the title vested in them as trustees.
NEWTON FORD, } Trustees. JOHN FORD, jr. Cumberland, July 25, 1809. 3w*
FIVE DOLLARS REWARD.—Stolen or Stolen from the Falls Plantation in Chesterfield County about ten days ago, a bay FILLY, four feet eight or ten inches high, of the Dromed stock, as may be readily perceived by those who are acquainted with that stock, so remarkable for the construction of their heads being very much dish-faced, she had on her right hind leg just below the pastern or fetlock joint a scar occasioned by a cut she received in the Spring; the above reward will be given to any person who will deliver her to the subscriber at the Rev. John D. Blair's in Richmond.
JOSEPH H. MAYO. Richmond, July 29th, 1809. tf
TEN DOLLARS REWARD.—Runaway from the Subscriber on the first day of May last, a Negro Man named Sandrick, very black, abt. five feet four or five inches high, has one or two scars on each side of his face. Looks very old, speaks broken, being an African born. Has lost most of his teeth, those remaining very large. A very grum look when spoke to. Had on, when he aloped a blue blanket jacket and panaloons very much patched. I apprehend he is either about Scuffetown, running the river, or at Cabin point; I will give the above reward, if taken out of the County or Eight Dollars with all lawful charges annexed, if taken in the county.
MARRIN PRICE. Richmond, July 27th 1809. (2)
THE consignee of ten kegs PAINT and two barrels OIL, marked W. W. shipped from New York per the Schooner Dispatch, William Smith, master, can get the same by application to the subscribers.
WALSTON & PLEASANTS. Richmond, July 26th, 1809. tf
233
Foreign.
THIRTEENTH BULLETIN OF THE FRENCH ARMY.
EBERSDORFF, May 23, 1809.
On the night of the 26th our bridges were carried away by the force of the waters, and mills which had been set afloat. We had not time to drive the piles and to fix the great iron chain. Our bridge is repaired, another will be to-morrow. On the 27th we heard of the arrival of the army of Italy at Bruck. Gen. Lauriston has formed a junction with this army, not having heard from them for twelve days. The viceroy this campaign has manifested a sang froid and a foresight which evince the great commander. Jellachich, who by his insolent proclamation to the Tyrolese so inflamed their passions, has had his whole corps destroyed. The archduke John, who wrote with such excessive presumption to the duke of Ragusa, evacuated Graz yesterday, scarcely carrying with him 20 or 25 000 men of the fine army that entered Italy—his arrogance has terminated in shame and infamy. The people of Italy accompanied our soldiers with tears and benedictions, and gave them every assistance. Their contempt and hatred of the archduke John were only equalled by their joy at our triumphal approach. Certain papers showed that they bore a great love to the emperor, and would not accept offices under the Austrian government.
The regiments of Italy, who distinguished themselves in Poland, covered themselves with glory. This charming country is rapidly progressing to the most happy destinies. All the accounts from the Austrian army state their loss, on the 21st and 22d, to have been enormous; the flower of the army perished. The wits of Vienna say that "Gen. Danube saved the Austrian army." Tyrol and Voltalberg are subjugated. Carniola, Styria, Carinthia, Salzburg, Upper and Lower Austria, are tranquillised and disarmed!
When Trieste was taken possession of, all English colonial produce was confiscated. Saving the Russian squadron was a circumstance peculiarly gratifying to the emperor. The junction of the army of Dalmatia approaches.
The brigand Schill, who truly gives himself the title of general in the service of England, who prostitutes the name of the king of Prussia as the satellites of England do that of Ferdinand, has been driven to an island in the Elbe. The king of Westphalia, besides 15000 native troops, has one Dutch and one French division; add to this two divisions of a corps of observation under Ribaud and Despeaux, and Beaumont's 3000 cavalry, now disposable by the pacification of Swabia.
The destruction of forty mills which supplied the city of Vienna with bread, is evidence of the hatred of the princes of the house of Lorraine to that city!!
FOURTEENTH BULLETIN.
EBERSDORFF, June 1, 1809.
The bridges on the Danube are entirely rebuilt. They have added to them a flying bridge, and they are preparing all the materials necessary for throwing over another bridge of rafts. Seven machines are driving piles; but the Danube being in several places 24 and 26 feet deep, much time is always taken up in fixing the anchors as the machines are removed. The works however are advancing, and will shortly be finished.
The brigadier general of engineers, Lazowski, is working on the left bank, on the head of a bridge which will be 1600 toises in extent, and will be covered with a good ditch, filled with running water.
The 44th crew of the flotilla of Boulogne, commanded by capt. Bastie, has arrived. A great number of boats cruise about the islands, cover the bridge, and render a variety of services.
The battalion of navy workmen is employed in making small armed vessels, which will serve to command the river perfectly.
After the defeat of the corps of gen. Jellachich, M. Machieu, an officer attached to the army of Italy, was sent with a dragoon express on the road to Salzburg; having met in succession with a column of 650 troops of the line, and a column of 2000 Landwehr who were wounded and straggling, summoned them to surrender, and they laid down their arms.
Lauriston, general of division, arrived at Oldenburg, the first country of Hungary, with a strong advanced guard. It appears that there is some commotion in Hungary, that the minds of the people are very much divided, and that the majority is not in favor of Austria.
Lassalle, general of division, has his head quarters opposite Presburg and has advanced his posts to Altenburg and near to Raab.
Three divisions of the army of Italy have arrived at Neustadt. The viceroy has been for two days at the head quarters of the emperor.
Gen. Macdonald, commander of a corps of the army of Italy, has entered Gratz. They found in this capital of Styria, immense magazines of provisions and clothing, and equipments of every sort.
The Duke of Dantzick is at Liatz. The Prince of Ponte Corvo (Berthier) marching for Vienna, with the Wurtembergers, is at Saint Polten, Mauern and Krems.
Tranquility prevails in the Tyrol. Cut off by the movements of the Duke of Dantzick and of the army of Italy, all the Austrians, who had imprudently engaged at this point, have been destroyed, partly by the Duke of Dantzick; and the rest, such as the corps of Jellachich, by the army of Italy. Those who were in Suabia had no other resource but to attempt in parties to traverse Germany on their way to the Upper Palatinate. They formed a small column of infantry and cavalry who escaped from Lindau, and was met by Col. Reiset, of Gen. Beaumont's corps of observation. The column was cut off at Neumarkt, and the whole body, officers and soldiers, laid down their arms.
Vienna is quiet; bread and wine are abundant, but meat, which this capital gets from the interior of Hungary, begins to grow scarce. Contrary to all reasons of policy and humanity, the enemy do every thing to starve their countrymen, and this city, which contains their wives and children. This conduct is very different from that of our Henry IV. who himself supplied an enemy city he was besieging.
The Duke of Montebello (Lasnes) died yesterday, at 5 o'clock in the morning. Some time before the Emperor conversed an hour with him. His majesty sent, by Gen. Rapp, his aide-de-camp, for Dr. Franc, one of the most celebrated physicians of Europe. His wounds were in good condition; but a destructive fever had made the most injurious progress in a few hours. All the aid of the art was unavailing. His majesty ordered the body of the Duke of Montebello to be embalmed and carried to France, to receive the honors due to his high rank and eminent services. Thus has departed one of the most distinguished soldiers that France has had. In the numerous battles he had been in he had received 13 wounds. The Emperor has shown great sensibility on this loss, which will be felt by all Frenchmen.
FIFTEENTH BULLETIN.
EBERSDORFF, June 2.
The army of Dalmatia has gained the greatest success. It has defeated every thing that opposed it at Mont Kitta, Gradatz, Lieca and Ouchacz. The commander in chief, Stoitsewich, was taken. The Duke of Ragusa arrived on the 28th (May) at Fiume, and formed a junction with the grand army, of which the army of Dalmatia was the right extreme. We will make known the relation of the duke of Ragusa on these events.
On the 28th an English squadron of 4 ships of the line, 2 frigates, and a brig appeared before Trieste, with the intention of taking the Russian squadron. The Gen. Count Cafferelli had just arrived there. As the city had no cannon, the Russians landed 3 1/2 thirty sixes, and 16 twenty-fours, and fixed them in battery, and immediately clapped springs on their cables. Every thing was prepared to receive the enemy, who having missed his aim retired. 1000 Austrians who had passed from Krems to the right bank of the Danube were defeated by the Wirttemberg corps, who made 60 prisoners.
SIXTEENTH BULLETIN.
EBERSDORFF, June 4.
The enemy had thrown a division of nine thousand men on the right bank of the Danube, opposite Presburg, which was entrenched in the village of Engerau. The Duke of Auerstadt ordered the rifleman (tirailleurs) of Hesse Darmstadt, supported by the 12th of the line (infantry) to attack it yesterday. The village was soon carried. A major, 8 officers of the regiment of Beaulieu (among them the grand-son of the field marshal) and four hundred men were taken. The rest of the regiment were killed, wounded or driven into the water. The remainder of the division secured themselves in an island till they could re-pass the river. The rifleman of Hesse Darmstadt fought well.
The Viceroy's head quarters are this day at Oedenburg.
The most valuable effects of the court have been removed from Buda to Pesth-awadin, whither the empress is retired.
The duke of Ragusa is arrived at Laybach.
General Macdonald is master of Gratz. He is surrounding the citadel, which makes a show of resistance.
At the battles of Essling the brigade Foulers, being wounded, was thrown from his horse; and major general Durozel, one of the Emperor's aids, while carrying orders to a division of cuirassiers who were charging, was also thrown. We have the satisfaction of learning that these two Generals and one hundred and fifty men that we supposed lost, are only wounded, and were found in the field, when the Emperor gave orders to concentrate between Essling and Gross-Aspern on hearing that the bridges of the Danube had given way.
The Danube is lowering; though from the continuation of the heats, a rise is feared.
From the army of the grand duchy of Warsaw.
After the capture of the bridge of Gora, the enemy having abandoned the right bank of the Vistula, the army under the command of Prince Poniatowski was divided into two columns; the first ascending the Vistula to Pulawy, the other marching to Kock; on the 14th Poniatowski entered Lublin, and the next day marched towards Sandomir. Part of the army entered Pzewsowski and cut off the communication between Lemberg and Cracow.
Gen. Rozniecki with four hundred cavalry took 710 prisoners, comprising a major, and 9 other officers; also sundry arms, shoes and clothing.
Poniatowski succeeded in an attack on Sandomir, which was strongly fortified. The enemy lost 1000 men killed, 1200 prisoners, twenty cannon and considerable stores. Poniatowski's cavalry extending to Leopold is pushing on to Cracow. They have set free 3000 men who had been enlisted by force.
On the 14th, Thorn was attacked. The tete-de-pont was not in a state of defence. The garrison burnt that part of the bridge which communicated with it, and took position on the island. This movement was made after an affair very destructive to the enemy, who not being able to pass the river, gave up the enterprise when he was the good appearance of the City.
On the 15th the enemy under Plock attempted the passage of the Vistula, but were repulsed and obliged to burn their boats.
From the 16th to the 23d Gen. Dombrowski attacked the enemy between Bromberg and Czerniow, and repulsed him with effect before Bromberg, afforded full protection to Czerniow and Thorn, and secured the communication of this latter place with Inowraclaw.
New-York, July 28.
The French papers we have received by way of Bordeaux furnish no later intelligence from the armies than we had previously received via Salem.
A requiem had been sung at Bordeaux, on the 16th of June, for the poor sinful soul of General Lasnes, who died of his wounds on the 24th of May.
It was reported at Bordeaux that 60,000 French troops were on their march to Spain, and that it was the intention of Marshal Duke of Reichingen, Trevise and Dalmatin, and the Generals Suchet and Kellerman to let the English penetrate a little into the interior of Spain, and thus draw them into a snare.
Translations from Bordeaux papers from the 14th to 17th June inclusive.
Bordeaux, June 17.
The Servians had gained considerable advantages over the Turks, and the Russians have taken Varna on the Black Sea, within 45 leagues of Constantinople.
Altona, June 5.
A Danish officer has arrived en courier, with the official accounts of the destruction of the Brigand Schill's corps. Only one hundred escaped to the island of Regen. Schill was killed.
Leipsick, June 5.
Prince Poniatowski arrived on the 25th of May at Wretla, a place celebrated for its salt mines. It is probable that he reached Cracow on the 27th. He received the official account that the Russian army arrived on the 19th May at Lemberg, the capital of Austrian Galicia.
There were 4000 Danish troops engaged against Schill, under the command of the French General Gratien.
From the Salem Gazette.
FROM BAYONNE.
Mr. Thorndike, from Bayonne, has given us the following as the tenor of reports and opinions at that place while he was there. With respect to Spain, that country was far from being conquered; there had been an immense loss of men on the part of the French, supposed to be not less than 150,000. Of the vast numbers who had entered Spain, scarcely any ever returned, except in a miserable, disabled condition. The Patriots under Cuesta, Romana, Reding, &c. maintained the war in various parts, with success. At Madrid there had been a popular tumult for several days, so that they were obliged to call King Joseph from Aranjuez to quiet it; but it was thought he would not be able to remain long in Madrid with safety. The Saragozans were also greatly excited, and if a force did not arrive to overawe them, would probably be soon in arms again. It was reported that a large reinforcement was on its way to Spain, but it had not yet appeared; and it was the prevailing opinion, that if it did not arrive soon, the French would be obliged to abandon the country.
Mr. Thorndike was in Bayonne when many of the prisoners from Saragossa passed through there. They were carried on by forced marches, and were in a most wretched, worn-down condition; they had been cruelly treated on the road, and 5 or 600 were said to have been actually shot because they could not support the march. Of this barbarous deed Mr. T. has not the least doubt, for it was declared to him not only by Spanish but by French officers who were present; and it was the subject of common conversation, and of horror, in all circles.
He saw also the brave Palafox on his way to the interior as a prisoner. He was then considerably unwell. As an officer of rank, he was allowed some indulgence, and lodged at the same house with Mr. T. He conversed freely, and lamented the cruelties to which his suffering companions had been subjected; but remarked, that they were not behind hand of the French in their inveterate hatred. When Saragossa surrendered, Marshal Lasnes returned, with a compliment upon his bravery, to take his sword; but he had since been deprived of it.
Mr. T. saw there the Emperor Napoleon, who did not then keep himself so impenetrably guarded, as he was said to do in the early periods of his usurpation. Curiosity frequently caused the people to crowd round him; he was frequently in the harbor in a barge, in an exposed situation; and had one been desperate enough to attempt his life, frequent opportunities were not wanting.
With respect to the war with Austria, well informed people, who knew how to make computations from what is suffered to be published, did not doubt the French had lost at least 30,000 men.
Mr. T. having spent about two years in France, and been in different provinces, has had opportunity to observe the misery produced by Bonaparte's ambitious measures. A constant state of warfare has drained off the men, so as to leave agriculture as well as commerce in a languishing state; and in travelling the country, he frequently observed six or eight women to

the war engaged in the labours of the field, and was assured this was the cause of it. The system of conscription is horrible; the best families are broken in upon and ruined by it. He has seen many thousands of these conscripts at Bayonne, where they were drilled a few weeks in marching, &c. (without arms) and then sent, many of them broken-hearted, into Spain, to be incorporated among the old troops. Not ensured to military hardships, and most of them perhaps never having handled a musket—raw and inexperienced—destined to a warfare among the mountains of Spain, and against their hardy inhabitants—they entered that kingdom as certain victims to Bonaparte's ambition—never to revisit their country and friends—never again to enjoy the domestic comforts from which they have been torn away.
FROM BELL'S (LONDON) WEEKLY MESSENGER OF MAY 29
The American government, with a due consideration of American interests and of the peculiarity of their situation, suspended the intercourse between the belligerents and America, and ordered a strict embargo in their ports, under the tacit understanding, that it should be raised in favor of either power, which should repeal its obnoxious orders.
Such was the relative state of things in which Mr. Erskine commenced his negotiation. The manner in which he conducted it, and the point on which it has been disavowed by the English government, are important enough to merit a separate consideration, and as the papers will be laid before parliament in the ensuing week, we shall resume this subject in another paper. Its importance does not seem to be well understood. We live in an age, in which revocations of the acts of plenipotentiaries are so frequent, that the absurdity, and practical mischief of such breaches of faith, are totally overlooked. Who will hereafter confide in plenipotentiaries, when their acts are thus, as common matter of course, revocable at pleasure. There are certainly extreme cases in which such acts ought to be revocable, but the cases must be extreme, and should be rare, lest they destroy the utility of the thing.
But the point of fact is, that the disavowal of Mr. Erskine's act is of a piece with the general conduct of England towards America. Whenever circumstances have in any way admitted it, our tone towards America has always been insulting, and our conduct every thing but friendly. Every new hope on the continent; every straw to the drowning expectations of Europe, has but aggravated this unworthy sentiment. In our prosperity we have bullied America; and when things are not so well with us, we have vented our strife in injudicious language and unworthy conduct towards her. Whilst there were any hope in Spain, America could get nothing direct from us. But disappointment brought us to our senses, and the negotiation was renewed. The coalition war on the continent has subsequently broken out, and we begin to repent of our condescension.
In this manner has the American negotiation been on and off during some years. Our demands rising with our hopes and prosperity, and our moderation being only co-existent with our disappointment. As to the immediate point on which Mr. Erskine's act is to be disavowed by ministers, it is not to be collected from the correspondence. The correspondence on the part of Mr. Erskine is characterized by simplicity and directness. His business was full upon his mind, and he comes immediately to the point. If it be in any way wanting it is only in that circuitous equivoque formality of the old diplomacy, in which the writer seems only anxious lest he should be understood as saying something in which the first sentence is a knot which every succeeding sentence is only employed further to perplex.
The French diplomatises, formed into a school under Choiseul, grafted the school logic, and the law loquacity, upon public correspondence. Every word has its end, less appendages, and every phrase was weighed and measured. Lord Shelburne in England, was an eminent instance of this species of diplomacy, and Lord Liverpool was formed in the same school. The caution, the precision, the measured gravity, the decorum which carefully avoids every thing of passion and petulance; all these qualities of the old school cannot be too much praised; but where the business is in a point, and the parties are both willing to come at it, we really can see no object in either in prudence or decorum. Mr. Fox was an intimate example of this simplicity and rectitude.
Mr. Erskine, with a manly directness, acknowledges, without disguise, the unjust violence in the affair of the Chesapeake; he speaks of it with a sense of justice, and at the same time with a candor which cannot but inspire a very high opinion both of his head and heart.
Nothing can be more disgusting than the flippancy of some of the daily papers upon this subject, who with the most perfect ignorance of the public law, continue to maintain what both parties in government have concurred to disavow.
FROM THE SAME. Mr. Erskine's Negotiation.
It would really seem as if a fatality attended the relations of England and America, and that America and England, in the absurd language of the day, were natural rivals—that the one is destined to act as a control on the other, and that by these means, each is to keep the other down. This political jargon, a new ramification of the old system of the balance of power, is at once acted upon in practice, and denied in doctrine. To what else can be imputed the extraordinary conduct of every English ministry towards America? A conduct so contrary not only to sound policy, but even the grossest common prudence, that it is impossible to characterize it, except as the result of the passions of the nation.
To order more fully to understand the extraordinary features of this part of our fo-
reign system, we shall take up the system rather highly. The principles which have actuated us, may be best recollected, by following our practice up to its source. The course of the first waters may easily lead us to the fountain.
The American war was no sooner successfully terminated, and the peace of Versailles signed, than the merchants in England and America suggested that something was necessary to regulate the trade between the two nations, for that England and America were necessarily united in commerce, though severed in government—that America was the great buyer, and England, as a manufacturing nation, the great seller; that England in fact was the store, the magazine, whence the cultivators in America were to be supplied with whatever was necessary beyond their own immediate produce. In this representation the merchants had reason on their side; for if there be one principle certain in political economy, it is that a manufacturing nation is the natural market of supply to an agricultural one, and that the first civil gradation of every people is agriculture, during which stage they must take their manufactures from others.
It seems equally certain, that as the population of America must increase in the proportion of her cultivation; in the proportion of the lands brought into tillage—that her demands upon England for manufactures should keep pace with this increasing culture, and that the improvement of America becomes thus the extension of the English market.
According to this reasoning, England has a common interest in the prosperity of America. The prosperity of America is the prosperity of her best customer. In proportion as America is rich, is thriving, increasing in cultivation, and in produce—in her demand, and in her means of supplying it by paying its price; in the same proportion is America a rich, a thriving, a solvent customer to the English manufacturers. On the other hand, whatever cramps American culture, or American improvement; whatever substitutes the sword for the ploughshare, and converts her merchant ships into privateers; the effect of this system, we say, is, that by cutting off the sources of demand, it cuts off the demand itself. It ruins, by one and the same blow, America as a buyer and England as a seller. America does not want to buy where she cannot sell, and demand must necessarily stop, where a nation remains stationary in its culture and population.
Such would seem to be the mutual relations between England and America—and such any dispassionate government would have acted upon.
The English ministry however, instead of following these views, seemed to act only upon those impulses and those passions, which were naturally enough excited by the successful rebellion of America. Under these feelings, consulting rather their indignation than the interests of the state, they entirely overlooked the memorials of the merchants, and in their principles of commercial intercourse with America established it as a fundamental point, that America having ceased to be British, was not entitled to any British favor; that her commerce should be restricted rather than encouraged, and that she should be regarded on the footing of a nation and people not merely alien, but as nearly hostile as was consistent with the possible maintenance of the actual peace. It was even openly argued that it would be meanness, & a want of due sense of our own dignity to receive America in the character of a friendly & independent nation; that amongst nations, as amongst individuals, there were degrees of enmity, and that America was certainly not to be ranked in the highest. That America least of all nations, had any right to expect favors.
These principles were accordingly avowed and acted upon, and the commercial regulations were in exact conformity to the spirit which dictated them. The navigation act was employed as an additional source of argument to justify the jealous and spiteful policy. Under the pretext of this act, a measure was shortly afterwards introduced into parliament, by which the Americans were prohibited from continuing to supply the English West India islands. Such islands, it was argued, and the supply of them, being the exclusive right of English subjects, and that America should not retain, as a successful rebel, a trade in which she had for nearly participated as a member of the British empire.
It was in vain replied to these arguments, that the West India islands could not exist without his supply; that the articles of commerce from America were too bulky to pay for freight if fetched from a greater distance; that the planter could not afford to pay a pound for a log of wood, nor ten pounds for a sack of flour; that England moreover could not supply these islands; that the winds would not always serve, and that the quantities required, however eventually necessary, were not sufficient to constitute that extent of trade, in which the safe arrival of one fleet, might compensate the delay of another.
These arguments were urged in vain, and the act of prohibition was passed. The consequence was as had been predicted. The Americans sustained an important loss, whilst the West India islands lost their means of subsistence. A general famine occurred, and half the negroes in the island perished. The English parliament became wise by experience, and after these palpable and substantial proofs of its mischievous and obnoxious act was repealed, and the trade again opened to the Americans.
The repeal of the act however was a single measure, compelled by a fatal experience of its most mischievous effects. The spirit continued. The board of trade most rigidly acted up to its adopted system—a circumstance the more extraordinary, as the members of that board were then of reprobated against that system, but his remonstrances, were considered as dangerous speculations, and the system, the jealous, narrow, restrictive system, was continued in its full vigor.
The French war now broke out, and the English admiralty, as if they had adopted the feelings and the sentiments of
the board of trade, immediately issued most rigorous orders for exercising the right of search; well knowing, that America, being almost the only neutral nation that traded largely, the rigorous exercise of that right would exclusively affect her.
The English orders were certainly characterized by the same principles as the commercial restrictions; a jealous indignation, an angry contempt of the American government. The English papers, catching the popular sentiment, and conducted by silly editors and party feelings, were filled with invidious reflections on the comparative state of the American and English foreign trade. America, it was said, possessed all the foreign trade of Europe, and reaped the richest fruits from her neutrality. From a kind of emulation which we know not how to characterize, except as an envious spite, every opportunity was eagerly taken to mortify America, and to avenge ourselves for her mercantile prosperity by treating her, in every necessary or incidental collision with us, with the most insulting air of superiority.
The orders of admiralty were executed in the same spirit in which they were issued. Every American ship was searched with the most extreme rigor, and a principle was at length announced, and partially acted upon, which if it had been carried into full practice would have annihilated whatever remained of American independence.
The right of search, hitherto confined to goods, and even to a certain description of goods, was now extended to men, & Admiral Berkeley, in the affair of the Chesapeake, betrayed such extreme ignorance of the law of nations as to insist upon the right of searching an American national vessel—and, when this claim was justly resisted to prosecute it by a direct attack.
In this state of things were the relations of America and England when France issued the Berlin order, by which she declared England in a state of blockade. The French issued an order which they could not execute, & the English, by an absurd kind of retaliation, replied by an order, which being accompanied with real force, gave a practical efficacy to the French system. Between the two orders, Americans could not visit either kingdom without being subject to the alternative of seizure, or a degrading submission to the sacrifice of qualities usually considered as the essential constituents of national independence.
FROM THE LONDON COURIER. A ministerial Paper.
We have already stated that a communication has been made to a deputation of merchants, stating that altho' our government have found themselves under a necessity of disapproving of the proceedings of Mr. Erskine, they feel themselves bound, in order to the preserving the public faith, to make an order to protect all American vessels which shall sail from the U. States subsequent to the 9th of June, for a limited time; that innocent individuals, meaning to carry on a legitimate trade, may not be surprised by condemnations in an intercourse they had reason to believe lawful. And in order to put British subjects as nearly as possible on the same footing as Americans, a communication has also been made to the merchants, that licences will be granted to all who shall apply for them, to export freely to Holland, during such time as that trade shall be open to America. It appears to us, however, that the relief will be very short of what could be wished, because the Americans must have a great advantage in a direct intercourse for colonial produce, &c. but we are not aware that much more could by any possibility be done, under the distressing circumstances in which this country is placed, by what has lately occurred in America.
And here we cannot help lamenting, and indeed pitying, the embarrassment into which his Majesty's Ministers have been drawn by our Minister—Indeed this is not the sole instance in which they have been made to suffer, not for their own misconduct, but the misconduct of others—Necessity, but that we first read the correspondence between Mr. Erskine and Smith, we were astonished; not that the dry, special pleading, and sufficiently impertinent style of Mr. Smith's Letters surprised us, who have been accustomed to American Diplomacy; but we were astonished, first, at the terms of the offer made with respect to the Chesapeake, and of the abruptness and the haste in which the arrangement is proposed and concluded—“We offer to restore the men, forcibly taken out of the Chesapeake;” could we do this consistently not only with our honour, but with the constitution and Law? Whatever error there might have been in taking the men from the Chesapeake, (and we declare we never saw any, but on the contrary, highly approved of the act) we ascertained that they were British subjects. Can we therefore surrender our subjects, who have a right to the protection of our Laws, to the Government of a foreign Power? Can we strip them of their British claims? Can we disfranchise them? No, we cannot do it, with any regard, not only to our honour, but to the law and constitution of these realms—Besides, there is another impediment to the giving back the men taken out of the Chesapeake—One or two of them were tried, proved to have been British subjects, found guilty of desertion, and hung. There is another point worthy of consideration—we agree to do a certain act agreeable to America, because we are informed that she has “evinced an intention of passing certain laws which would place the relations of Great Britain with the United States upon an equal footing with the other belligerent Powers.”
The American government, in a dry and not very clear manner, tells us that “this equality is a result incident to a state of things, growing out of the distinct considerations.” This statement we should have thought would have called forth from Mr. Erskine some comment or observation—It appears however to have been passed over sub silentio .—As to the Non-Intercourse Act, the passing of it might afford us satisfaction in as far as it rendered the treatment of Great Britain and France equal; but how an act which forbade all intercourse with us, which put an end to all relations of his Majesty with the United
States, we confess we are at a loss to conceive, as well as why it should have been eagerly laid hold of as the first stepping stone on our part towards an adjustment of the differences between us. The American government pass an act, which says, “we will have nothing more to do with you,” and we are so delighted with this, that we immediately run to them with open arms, and say, “this is so kind, pacific, and favorable on your part, that we will immediately compliment you with withdrawing our orders in council.” Throughout the whole of the correspondence we are all smooth and yielding, and America is stiff and unbending. What she grants seems to grant as if the whole advantage were to be on our side. Before we would have yielded what our Minister yielded, we should have required compliance with certain conditions, which compliance should have been the basis of our concessions; and such a line of conduct, we trust and believe his Majesty's Ministers meant should have been followed.
From the Baltimore Federal Gazette of the 31st July.
By the Fair American, Capt. Hobson. Our translator has discovered only the following additional article of interest in the Portuguese papers.
Lisbon, June 3.
“The doubts relative to the intention of the court of St. Petersburg have been converted into certainty. They have now joined the troops of Austria against France. In consequence of this glorious news, the central junta of Seville have ordered a festival for the Spanish armies, which has been celebrated by the discharge of cannon, &c. It was at Seville, that the news of Austria's declaration of war against France first arrived, which, notwithstanding the malevolence and doubts of the ill-willed and timid, have since proved certain; and the rejoicings now ordered to be published by the Seville junta, place this news beyond a probability of doubt.”
AMSTERDAM, June 7.
His majesty has received a preliminary report of his excellency lieut. Gen. Gratien, stating that with the troops under his command he attacked Straitsund on the 31st of May, and rendered himself master of that place, after a severe conflict which lasted two hours. Our troops penetrated into that city by a gate which was defended by 20 pieces of cannon, and the action was continued in the streets where the troops fought man to man. According to the general's report, the conflict must have been of the most obstinate and most sanguinary nature. Schill is killed, and his troops are thrown into confusion; one third of his corps is slain. We have also lost some brave men, and among others lieut. gen. Carteret. Gen. Gratien promises a more detailed report of this action in which he says our troops have covered themselves with glory.—[Royal Amsterdam Gazette of June 7.]
PARIS, June 1.
Accounts lately received from the army of the duke of Ragusa, state that the duke marched from Kulin on the 27th April, defeated several detachments of Austrian troops on the left banks of the Zermagna, arrived with the main body of his army on the 5th May within 10 miles from Zara, and was ready to put himself in motion in order to join the army.
WEST-INDIES.
NEW-YORK, July 29. SURRENDER OF THE CITY OF ST. DOMINGO.
By the British ship William Fenning we have received Port au Prince papers to the 1st instant, from which we have translated the following article:—From the Port au Prince Gazette of July 1, 1809.
Extract of a letter from a native Haytian at St. Domingo to his friend in this place, (Port-au-Prince,) dated June 18th.
“After the very long siege we have suffered, and having endured all the calamities attached thereto, reduced to the food of every species of animal that could be found, and the small portion of state provisions we had on hand, we have at last been obliged to surrender to the British, who blockaded our port and prevented our receiving any supplies.”
“The terms of capitulation are, that the French are to deliver up the town, with all its ammunition, guns, &c. and the English are to furnish vessels to transport the French garrison to Europe.”
NEW-YORK, July 29.
Christophe, the President of Hayti, on the 1st July issued a general order, in which he details a victory he obtained about the middle of June, over the army of his competitor, who had assembled all his disposable force before Mirebalais. General David Trois, who commanded the troops of Petion, lost his life in the engagement; Petion himself narrowly escaped;—Bourdet, colonel of the 12th regiment, lost himself in the woods, and was taken prisoner, with a great number of others.
Mer. Adv.
Domestic.
WASHINGTON CITY, July 31.
From the National Intelligencer.
Mr. Erskine, the British Minister, arrived in this city on Friday last.
In our paper of this day will be found a copy of the instructions produced by Mr. Canning in the British Parliament as the basis on which the late arrangement was entered into by Mr. Erskine.
It appears to us extremely improbable that these were the only instructions on which Mr. Erskine proceeded in the negotiation at this place, and for these reasons, Mr. Erskine, in his first letter, as a preliminary to any overture for the renewal of intercourse, offered what was deemed a quite satisfaction for the affair of the Chesapeake. Where in these instructions, is any instruction relative to the affair of the Chesapeake? It is not even mentioned; and the presumption is that there was a previous communication, the confidential nature of which possibly prevented its publication. Indeed in the instructions published, a “for our dispatch” is mentioned, the contents of which, however, are not designated.
Again—These instructions require a formal recognition by the United States of three conditions, to one at least of which the government of the United States could never accede. It may well be doubted whether Mr. Erskine would so far have deviated from positive instructions as to make an arrangement without the recognition of any one of the n. Mr. Oakley, the bearer of the dispatches which were city, arrived in the United States in the Rosamond on the 3d of April, which vessel brought London dates to the 9th of February. The instructions published are dated 23d of January, at least sixteen days prior to the departure of Mr. O. from London; and in this no mention is made of Mr. Oakley, who was selected as the bearer. It seems to be a rational deduction that Mr. O. was selected as the bearer of instructions of a subsequent date, also possibly of a confidential nature, and therefore not published.
About the time that Mr. Oakley sailed, also, the ministerial speakers in Parliament and the ministerial prints conveyed the idea that the British ministry confidently expected an amicable adjustment of all differences with America.—Did they expect it from the instructions now published? Did they expect it from the requisition of humiliating conditions from us, in consequence of which they would do us the favor to tax us no longer? The idea is absurd.
In short it is evident that these were not the only instructions given to Mr. Erskine, although they might have composed that part of them which it has been deemed politic to make public.
BALTIMORE, August 1.
Mr. Coles, who went out in the Mentor, with dispatches to France has arrived at New-York, in the Syren from L'Orient, & has proceeded to Washington. Our affairs with France, remain, as was to have been expected, in statu quo—The English orders not being abandoned, Buonaparte's decrees are of course not revoked.
NORFOLK, July 31.
Yesterday arrived in Hampton Roads, His Britannic Majesty's brig Contest, Lieutenant Gregory, in eight weeks from England, with dispatches for Mr. Erskine. There are despatches from her, we understand, upwards of 1200 letters for different parts of the continent. She proceeded up the bay this morning.
PHILADELPHIA, July 28.
Extract from Liverpool, 6th June.
“It will certainly be advisable to be informed, previous to the shipment of any goods, the result of Mr. Jackson's embassy to America, he having sailed to supercede Mr. Erskine, who so far exceeded his powers of instruction, that the British government will not ratify the stipulations he had entered into with the United States. Mr. Erskine is, of course, recalled, and the general opinion here is, we shall unquestionably have war with America. Tar, which sold 3 months ago for 80 shillings the barrel, may now be bought for 17s. 6d. and tobacco, which brought 2s. 3d. for 10d. such is the depression of all kinds of American produce.”
Upon the heels of our late unpleasant intelligence from England, we have advices from France, of a still deeper gloom. Years have already been expended in fruitless efforts, on the part of our government, to persuade the emperor of France to enter into an amicable commercial arrangement. He has not deigned to listen to our overtures; and the period seems now to have arrived for the fulfilment of his long meditated hostility. It appears from all the recent information from France, that no expectation can be entertained of that government relaxing its rigorous decrees against the rights of commerce; and it is confidently stated, that Mr. Armstrong is preparing to return to this country, in the Mentor or Syren.
The following is an extract of one of the latest letters from France.
Bordeaux, June 15.
“It is with much regret we have to say, that appearances on this side the water are not calculated to justify the expectation of a speedy re-establishment of our commercial relations. The American minister has as yet received no reply from the government to the dispatches by the Mentor, and those by the Syren, announcing an arrangement with Great Britain, cannot be expected to meet a more favorable reception. By our last advices from England it would seem, that the arrangement with Mr. Erskine has not been sanctioned by the British ministry, so that it will produce irritation here, without being attended with the advantages it presented on the other side. The belligerent powers are now so much exasperated that they have lost all kind of respect for the rights of other nations, and it appears probable that some decisive blow must be struck before any American intercourse can be recognized with the countries under the control of either party.”
Another letter, same date, says—“We send this after ship Hope, to say, the Minister of Marine has given orders NOT TO GRANT ANY CLEARANCES FOR THE UNITED STATES; the intercourse between the two countries being suspended since the 20th of May by a law of Congress.”
Letters received this morning, in this city, dated Bordeaux, 15th June, state, that upwards of a month had elapsed since the arrival of the Mentor, & the brig Syren sent at the Mentor, with dispatches, had likewise been there a considerable time; that Gen. Armstrong had received no answer.

ower to the communications which he had made to the French government; nor indeed was there any probability of our affairs with France being adjusted until the fate of Europe was decided. It appears that several of our vessels which proceeded to St. Sebastian, have been stopped until the pleasure of Napoleon should be known; that every species of American & West India produce, then at Market, although the prices were very high, yet in a great measure they might be considered as nominal. The retailers only supplying themselves from hand to mouth.
Extract of a letter from a mercantile house in Bordeaux, to another in this city, dated May 30, 1809. "I conceive that great variations must have taken place in consequence of the raising of your embargo. I doubt, however, whether your country, in general, will be benefitted by the measure, as the British declared all French, Dutch, and Italian ports in a state of blockade, which probably will induce our Emperor, by way of reprisal, to shut out the flag that suffers such a conduct, after having just reconciled himself to former injuries. It is generally believed in this country, that our Emperor, who is already at Vienna, and in a fair way to Constantinople, and who is laying down the law on the continent, may not admit the American flag into any port under his influence, until such nation shall become quite independent of British influence, or an ally of France. This opinion is strengthened by the seizure of two American vessels at Tonningen, two at Zelderzee, and another at Passage, all laden with colonial produce and tobacco, and under American colours. Besides, France is likely to lose all her foreign possessions and all the produce carried by American vessels must of course be of English possessions."
FIRE WORKS.
THE APOTHEOSIS OF GENERAL WASHINGTON, OR GRAND FIRE WORKS, to be exhibited on Saturday 5th of August, and the last.
General Washington will be raised in Heaven more than three miles. 17 three miles!!! This piece only ought to be considered as a wonderful chief doeuure.
All the pieces burnt last Tuesday will be replaced, and the Fire Works of more than 50 pieces truly elegant: for more explanations the public is referred to the hand bills distributed two days ago.
The author dares hope to deserve the applause of the Ladies and Gentlemen, who will honor his exhibition, and solicit an encouragement proportioned to his zeal, perseverance, and talents, having spared neither labor or expense to render this performance extremely amusing; for, to disappoint an individual in an advanced age, by a kind of indifference or want of taste, or to compare him with some other persons that abuse the people by trifling entertainment, is annihilating the arts and sciences, which is certainly not the American method.
August 14th, 1809. 1-
THE subscriber offers for sale one of the most VALUABLE LITTLE HIGH LAND PLANTATIONS, in the middle country, lying on the So. side of the Buckingham road, three miles above Powhatan courthouse, containing by a late survey 519 acres. It is about nine miles from James River; three from Appomattox, and in a neighborhood abounding with manufacturing mills. Not more than one hundred acres of this tract is cleared, and that (except ten acres) within the last seven years. A new overseer's house and kitchen, corn house and two good tobacco houses, are the only improvements at present. The scantling for a large barn is nearly ready and will be put up by Christmas. One third of the purchase money will be required in hand and the balance in one and two years, with interest if not punctually paid, and a deed of trust on the land, to secure the two last payments. The purchaser will be permitted to sow wheat. Also, three lots in Richmond, one adjoining Mr. Sun bga e's lot above Mrs. Singleton and Mrs. 27 and 28 in Duvall's plan. One fourth will be required on making the deed, another fourth in negotiable notes at six months, well endorsed, and the balance in twelve and eighteen months; secured by deed of trust on the lots.
I would also BARTER for NEGROES, nine UPPER APPOMATTOX CANAL SHARES, and a two year old BUZZARD FILEY, out of a thorough bred Dare Devil Mare.
The land will be shown by Mr. Adams, living thereon, and the price of all the above property by applying to William Randolph of Wilton, or the subscriber. WM. BERKELEY. Powhatan, 22d July 1809. oafif
VALUABLE LANDS FOR SALE.
The Subscribers wish to dispose of that valuable tract of LAND called FORT LEWIS, lying in the Counties of Botetourt and Montgomery, and containing about 2,600 acres. They also wish to sell 3,180 acres of Land lying in the County of Fluvanna, on the south side of the Fluvanna river, extending from Col. Cary's line down the river, to within about a mile of Columbia.
This last mentioned Land, being in five distinct tracts, will be sold separately or together, as may best suit any person desirous of purchasing. One-fourth of the amount being paid in hand, any reasonable credit will be given for the balance. GIBSON & JEFFERSON. Richmond, July 28. if
TAKEN upon the Chatsworth Estate a BLACK MARE MULE, neither brand or mark; appraised to sixty-five dollars; the owner may have her by proving his property and paying the legal charges.
WM. NETTLES. Chatsworth, 10th July, 1809. (w3ip)
Virginia Argus.
RICHMOND. FRIDAY, AUGUST 4, 1809.
Extract of a letter from Washington City to the editor of the Argus, dated August 1st, 1809.
"I give you the rumors of the day as they are abroad in this place. Mr. Coles arrived in town yesterday from France: He is said to have remarked that our affairs with Napoleon wore rather a gloomy aspect. Of this I have very little doubt, for they have worn that aspect for a long time. The President, it is now asserted, will not come to the city immediately; in the mean time, however, he will probably demand the opinions of his Secretaries, in writing; which, you know, he is authorised to do by the constitution. When we contemplate the situation of our country, singly, affairs do, in truth, appear critical enough; but, when we compare the position we occupy, with that which is occupied by other powers, there appears to be no nation on the globe which is civilized, if we except China, but what is convulsed by the crimes and ambition of war and usurpation. We are not only free from war, but we are also exempt from taxation and have plenty of food and raiment."
IT is probable that Mr. Erskine, like certain other British officers, may be remanded home, undergo a sham trial, and be acquitted with English honor. That is, the British ministry may keep up a show of punishing him until the affair has blown over and we have forgotten it; as we seem to have done so many other English outrages. In the mean time all our shipping is afloat, exposed to the rapacity of British buccaneers. It is because our shipping is afloat that I would receive Mr. Jackson; for a rejection of him would be caught at as a cause of war, and many millions worth of American property would instantly be seized as lawful prize. The case of the Spanish frigates ought to convince any man that the British would do so. There is no other solid reason for receiving Jackson; and the British will have an opportunity of boasting that their villainy has extorted from us what their virtues could not.
With respect to the points which have been published in the newspapers as the instructions of Mr. Erskine, I have no doubt that they were embraced in the instructions; but from Mr. Erskine's conduct, I have also no doubt that in the event of their being rejected he was authorised to make other propositions, which, in all likelihood, were the propositions upon which the arrangement took place. I think too, that Mr. Erskine must have made the previous proposals to our government verbally, which must have been at once rejected as incompatible with our interests and with our independence. Indeed, if we recur to the circumstance of that rapidity with which the notes between Secretary Smith and Mr. Erskine followed each other, we cannot fail to perceive that all the points in the arrangement must have been discussed and fixed upon previously to any thing having been committed to writing: a mode of proceeding which, between nations that mean honestly towards each other, is much more becoming than the long, tedious, drawing, sophistical mode of old times, when the great excellence of the diplomatic art was, not to promote harmony, but to invent quibbles which might, with the ambition of ministers or kings required it, leave room for new wars. Charles James Fox, (a name revered in England and respected in America,) as Bell's Weekly Messenger very justly remarks, invariably used the plain-going style of business in all the business in all his negotiations, and did not dress up his official notes in all the flummery of diplomatic gasconade, like a school-boy's oration that had been studied for a week. Our style of living, as well as our style of writing, has always been matter of censure for Englishmen; and they equally condemned our style of fighting in the revolutionary war. But their abuse, is only proof of their envy, and full evidence of the ability of our ministers.
Let us examine for a moment the points offered in the articles which have been published as Mr. Canning's instructions, for I again assert that the United States must have rejected them.
The first point provides for the reciprocal abrogation of the orders in council and the embargoes and non-intercourse. This would be a matter of course in the arrangement, if the conditions upon which it was predicated were admissible.
The second point is, "That America should renounce, during the present war, the pretensions of carrying on time of war, all trade with the enemies colonies, from which she was excluded during '56 revived; a doctrine which the British government employed the author of "War in Disguise" to defend; but which was very ably controverted and completely confuted by Mr. Madison's treatise upon public and maritime law, as well as by a writer at New York, supposed to be Mr. Rufus King. All our merchants protested against this doctrine; they pledged their lives and fortunes to support the American government in opposing it, and their me-
morials to that effect are now on record in the offices of the Secretary of the Senate and the Clerk of the House of Representatives. The time and mode in which the doctrine is renewed are very insidious. About the period that those instructions must have been reached that country that the people of the U. States were in a great ferment on account of the long continuance of the embargo: our own newspapers had teemed with threats of insurrection, of violations of the laws, of secessions from the union, and Mr. Gore and his followers in Massachusetts made use of the legislature of that commonwealth to promote among the citizens disobedience to the authority of the federal government: the declarations of Congress itself became vacillating and wavering. A faithful account of all these incidents were beyond a doubt faithfully and regularly conveyed to England with copious commentaries, through the medium of letters written to correspondents on the other side of the water by the votaries of Britain here. On the arrival of such intelligence in England Mr. Canning must have thought the opportunity a glorious one, and resolved to push his point. He doubtless imagined that our government had been intimidated by popular clamor, and would be glad to get rid of the embargo and non-intercourse upon any conditions: Accordingly he proposes to us to abandon that trade which, of all others, had the most enriched us: lest, however, an abrupt and indefinite proposal of the kind should alarm the merchants of the United States and induce them once more to rally to the maintenance of government in the rejection of it, he very modestly suggests that we should "renounce" the trade "during the present war" only; well knowing, that a renunciation during the present war would be a renunciation altogether; for the relinquishment of the right for a season would afterwards be drawn into an argument of its having been on our part, what Mr. Canning calls it, merely a "pretension;" and nothing would have ever obtained it back for us but force of arms through a bloody war. So much for British diplomatic ability in this particular.
The third point states, that "Great Britain for the purpose of securing the operation of the embargo, and of the bona fide intention of America to prevent her citizens from trading with France and the powers acting under her decrees, is to be considered as being at liberty to capture all such American vessels as may be found attempting to trade with the ports of any of those powers." Of all the insolent propositions that were ever made to a free and independent nation, this 3d point is, assuredly, the most arrogant and insulting audacious. The executive power of a nation is that feature by which it is more distinctly known than any other, and particularly abroad. In what does that executive power consist? Certainly in the enforcement of the laws. Here, then, you see the English government demanding that the government of the United States should surrender to Great Britain the power to enforce American laws, or, in other words, THE EXECUTIVE POWER OF THE UNITED STATES. Consenting to such a thing is out of the question: but the proposition on the part of the British tends to develop their views with regard to America. Could our government be supposed silly enough to accede to such a proposal, we should be at once degraded to the situation of colonies; our foreign concerns would be identified with those of Britain; and we should instantly have been plunged into a war, hand in hand with England, against the rest of the world. Can these propositions have been suggested by an idea of our President's weakness or the notion of the intellectual feebleness of his Secretaries? Alas! How little is the court of St. James acquainted with the intelligence and ability of the American cabinet.
THE cupidity of our merchants for gain has partially subjected the United States to a species of maritime bondage which, whilst we are quarrelling about British perfidy, the citizens of the United States in general do not appear to be aware of. During the discussions relative to our differences with England, the British ministry continue to give laws to trade by means of their orders in council. The point which they wish to establish is, that they shall have the power of legislating for the whole commercial world: accordingly, on they go, let what will take place, to issue those orders, & to give direction to navigation just as they please. It is thus that they hope to establish their doctrine by familiarizing the world to it, thinking, perhaps, that if it is permitted for a few years it will be always permitted. Unhappily, they have too much reason to flatter themselves with success. The merchants of the United States, who ought to have made long since a glorious stand in behalf of their own rights, and who indeed have occasionally made a show of resistance, appear, (with some exceptions) to have such an irresistible propensity for wealth, that, if Great Britain will not suffer them to enjoy the whole of the rights to which they are entitled, they seem perfectly contented to exercise a portion of them. So true is this fact, that a certain part of the commercial class of the community have, made themselves completely ridiculous by their capriciousness. One would think that this description of men ought to rise now nobly and unanimously in vindication of their own indisputable claims: but, it is as true as it is shameful, they do not. When Great Britain, during the present war, began to practice upon the rule of '56, we may all recollect how the merchants assembled in our cities and adopted eloquent and
affecting memorials to Congress, pledging every thing dear to them to stand by the government in any and every exigency that might occur from resistance to the pretensions of the English ministry. Yet when the time of trial came, these enraged and tongue-valliant memorialists showed very plainly what reliance was to be placed on their professions of patriotism. They changed their tune entirely: "for God's sake," said they, "if we cannot obtain what is right let us take what we can get." And so far from risking their lives, they would not risk a very inconsiderable part of their fortunes; for, when the embargo galled them a little, they screamed out like a coward who is put to the torture. It is by such weakness as this that Great Britain is enabled to usurp, by degrees, the domination of the ocean; and, finally may, by tolerance and custom, establish her encroachments as maritime law. Away, away! with such pusillanimity and vile submission to tyranny!
Whilst speaking on this subject, it is impossible not to recur to the recent perfidy of the British cabinet. A "dispatch" has been ushered into the world as the instructions of Mr. Erskine. It is a most contemptible attempt at imposture to endeavor to persuade the public that that dispatch is the whole of the instructions. It is not the dispatch, the insulting dispatch, that we want to see, but the secret, confidential instructions sent to Mr. Erskine, which we understand that Mr. Oakley (the bearer of them) declares consisted of forty or fifty manuscript pages, and gave to Mr. Erskine the most unbounded latitude. The dispatch itself is convincing proof that Mr. E. had other orders; for he had no motive that could induce him designedly to misrepresent his instructions, and they are too plain (as stated in the dispatch) for him to have mistaken their meaning. Let us, then, have the secret instructions of Canning to Erskine, and no more of the delusive dispatch.
The Mr. Jackson who comes out to palaver the American government about the propriety of the perfidious conduct of the British cabinet, is well known in the diplomatic world by his conduct at Copenhagen, prior to its bombardment by the bloody Nelson. He also cut a conspicuous figure in the affair of the duke of Enghien, and would have been compelled by Bonaparte to answer for perfidiousness committed in the garb of diplomacy, had not his precipitate retreat from Munich intervened to prevent it. It is said that lord Auckland, another adept in the science of infamy, is appointed envoy extraordinary, to assist in "effecting by negotiation what cannot be done by force."—Balt. Amer.
Death.
On Sunday 30th ult. departed this life, at his seat, in Hanover county, in the 75th year of his age, the Honorable PETER LYONS, President of the Court of Appeals of this commonwealth, after a severe and lingering indisposition; he yielded to the inevitable stroke with serenity and resignation, a life alike distinguished for its usefulness to his fellow citizens, and for the possession and exercise of all the social and philanthropic virtues. He has descended into the grave, deeply lamented by his family, and all those who stood in the domestic relations to him, and sincerely regretted by all his friends and neighbors. For nearly thirty years past, this gentleman discharged the important duties of a Judge of the general court and court of appeals: he discharged them with a diligence, impartiality, and ability, which entitles him to the gratitude of his fellow citizens. This is well known to his surviving fellow-citizens generally: It is particularly known to the writer of this article, who yields his testimony, on this melancholy occasion, with equal truth and satisfaction. In the private and domestic relations, this gentleman had, certainly, no superior. The virtue of benevolence, philanthropy and charity, (which include the whole circle of the virtues, were emphatically his; and his hospitality was never exceeded. In short, this worthy man has not lived in vain; and it is believed, has died without an enemy.
FOR SALE, in the town of Cartersville, upon James River, Lots No. 6 and 24, being the same formerly owned by Messrs Deanes—On the first is a good dwelling HOUSE, store and other improvements, and on the last, a good lumber house. A credit of one, two, and three years will be given: Bonds with approved security, to bear interest from the date, if not punctually paid, will be required—For further particulars, apply to Messrs John & E. Cunningham, at Cartersville, who will show the premises, or to JAMES & JOHN DUNLOP. Petersburg, July 28. 6w
NOTICE. —I hereby forewarn all persons from crediting my wife Mary Hantelman, on my account, as I am determined not to pay debts of her contracting after this date. B. F. HANTELMAN.
N. B. I have been given to understand, that the above Mary Hantelman wishes a divorce from me—I will, at any time cheerfully acquiesce in such a measure. B. F. H. Richmond, August 1, 1809. (3p)
RICH LAND TO RENT. —On Wednesday the 16th instant, will positively be rented to the highest bidder, at Powhatan court house, being court day, THOSE THREE RICH TRACTS OF LAND in that county, belonging to the Estate of the late Charles Logan, Esq. Two of the Tracts lie on James River, and have low grounds; one of them called B H Meade, has a large quantity, and sufficiently extensive to work 20 or 25 hands to advantage; the other is adjoining it, and has from 4 to 500 acres cleared land on it. The third tract is about five miles from the river, and has about the same quantity of cleared land. They will be rented for, from one to five years as may best suit those inclined to rent. On that day they will certainly be rented, so that those inclined to rent, need fear no disappointment. August 3d, 1809. (ldr)
LANDS FOR SALE. —The subscribers, attorneys in fact, for Col John Simon Farley, and his sister, Mrs. Elizabeth Morson, residents in Great Britain, offer for sale their remaining proportion of that valuable TRACT OF LAND, in the county of Rockingham and state of North Carolina, called the Sauertown Estate.
This land lying contiguous to one of the branches of Roanoke River, and in the midst of a wealthy country, is represented to be of great fertility, and to unite so many advantages as to be well worth the attention of the purchasers; it contains from 10 to 12,000 acres, and will be sold in one whole, or in distinct parcels, at the option of those who may wish to buy; for which purpose it has been laid off in separate lots. A plot of the land is left in the possession of Wm. Edward Broadnax, Esq. of Brunswick county, Virginia, who has purchased a part of it, and to whom, for more correct information as to its quality, situation and other advantages, purchasers are referred, as well as to Mr. Ira Ellis, who lives on the spot. Mr. Broadnax will also make known the terms of sale, and any contract entered into with him for the purchase of the above land, or any part thereof, will be obligatory on our selves, and our principals. G. K. TAYLOR, JOHN DUNLOP. Petersburg, Va. July 28. 6w
THIRTY DOLLARS REWARD. Stolen from me about the 12th of Nov. 1807, a negro man slave, named Cesar, the property of the subscriber—He formerly belonged to Mr. Robert Alexander, of Campbell county, and was bought from him a small boy, in the year 1739. He is now about 5 feet high, one of his big toes is very remarkable, being split with an axe through the nail and nearly as high as the second joint, by that it is much broader and larger than the other. He was accustomed to run James river over the mountains in a batteau owned by one Greedy. On delivering him to me or securing him in some jail so that I get him again, shall be paid by me the reward of twenty Dollars. This is to forewarn any person or persons from harboring or concealing him, as they may depend on it that I will prosecute such violators of the law to its full extent. ROBERT MITCHELL. City of Richmond, July 27th, 1809.
Penitentiary Store.
THE subscriber, Agent for the Penitentiary, offers for sale the following articles, the manufacture of that institution, at very low prices at wholesale and retail.
   CUT NAILS.   Wholesale prices. Retail prices.     3dy 13 1-2 cents. 14 1-2 cents per lb   4 13 14   6 12 13   8 11 12   10 10 1-2 11 1-2   12 10 1-2 11 1-2   20 10 1-2 11 1-2   CUT BRADS.   8dy 10 1-2 11 1-2   10 10 11   12 Do. Do.   20 Do. Do.   SPRIGS.   3dy 39 cts. p. lb. 50 per m.   4 22 1-3 67   6 17 34   WROUGHT NAILS.   6dy 14 15 per lb.   8 13 1-2 14 1-3   10 13 14   12 12 1-2 13 1-2   20 12 13   30 12 13  
Broad and narrow Axes, Hatchets, Hoes, Plough Shares and Coulters, Hinges, Wedges, Hammers, Fenders, Traces, Stretchers, and Ox Chains;—Bridles, Collars, Halters, Braces, Surcingles, Back Bands, Belly Bands, Breaching, Fire Buckets, &c. &c.
Boots and Shoes.
   Fair tops, back straps, 2 9   Ditto plain 8   Sturrows, 7   Half Boots, 5   Mens calf skin shoes lined & bound 10 3/4   Do. side leather, 7 3/4 a 9/4   Negro shoes (strong russet) 7 3/4 a 8/4   Womens leather shoes, thick soles, 6 3/4   Do. do. thin, 6 3/4   Do. do. slippers, 6 3/4   Do. Morocco do. 6 3/4   Do. do. ties, 7 3/4   Girls leather shoes, 4 3/4   Boys do. 4 3/4  
Any of the above articles made to order left at the Penitentiary Store, second door above the Eagle Tavern. D. J. BURR. Richmond March 22, 1809. 6th July, 1809.—The price of Wrought Nails is raised half a cent per pound, by order of the Executive. D. J. B.

REMOVAL. THE subscriber has removed near the Basin, where he continues to keep a house of Private Entertainment. He has also for sale, a general assortment of GROCERIES. Likewise sells all kinds of country produce on commission. HEZEKIAH PURYEAR. Richmond, May 17th, 1809. tf
NOTICE. By virtue of the last will and testament of Pleasant Younghusband, dec. WILL BE SOLD, To the highest bidder, on Tuesday the 13th of June next, at the courthouse of Botetourt county, being court day, One Tract of Land, Containing 254 acres, more or less, it being the same tract of land deeded to Pleasant Younghusband by Thomas McGeorge and Judith his wife, as by indenture bearing date the 2d day of July, 1800, on the following terms, to wit: one third cash, one third in twelve months, and the remaining third in two years. Bonds with security, to carry interest from the date if not paid in three months after they become due, and a deed of trust on the land to secure the two last payments, will be required. ELIZA T. YOUNGHUSBAND, Administratrix SAMUEL P. PARSONS, Adm'r. With the will annexed. 2d mo. 17th. 1809. tf N. B. The above sale is postponed to Botetourt August Court. E. T. YOUNGHUSBAND, Adm'r. S. P. PARSONS, Adm'r. 5th mo. 6th, 1809.
One Thousand Pounds WANTED, FOR the interest of which, a plantation of 500 acres of valuable land will be given, until the money is refunded. Nearly 100 acres are in low grounds, now in cultivation, lying on navigable water, the improvements new and very good, in a healthy and desirable country. Enquire of the Printer. September 8, 1809. tf
FOR SALE. Forty Thousand weight Isle of Wight Bacon, Amongst which are 900 Hams, 500 Barrels Herring and Shad, 100 Sacks Salt, Liverpool Rilled, 20 Bales Georgia Cotton, 40 Tierces Rye Whiskey, 8 Barrels Ditto, 45 Kegs English White Lead, 20 do. Spanish Brown, 20 Tons American and Sweden Iron, will be Sold low for cash only. GROCERIES, As usual. Russell & Wallace. Richmond, May 22, 1809. 3m.
City Hotel to Let. THAT spacious convenient HOUSE and LOT with out Houses, Stables &c. situated on the street that leads from the main street by the Governor's to the Capitol; which was lately in the occupancy of Mr Jas. Vaughan, as a Tavern. It will be let for one or more years, and possession given immediately. For terms apply to Benjamin Mosby of Powhatan, or B. Tate of this City, who are authorised by me to let the same. RICHARD CROUCH. Richmond, June 1st, 1809.
A Pair of Horses Stolen. 20 Dollars Reward.
STOLEN from the commons of Manchester, on Thursday night 8th inst. A Pair of Black Horses. One a BROWN BLACK, very thick set and well made, his left hind foot white—The other a jet or deep black, of rather slender make, both nearly the same age, 8 or 9 years, and about five feet high; they pace, trot and gallop, and run well in harness.—I will give Ten Dollars Reward, with reasonable expenses, to any person delivering them to me, or five Dollars for such information that I get them again—& Twenty Dollars for the apprehension and conviction of the Thief. CORNELIUS BUCK. Manchester, 14th June, 1809. (tf)
IN COUNCIL, January 20, 1809. PROPOSALS will be received by the Executive for manufacturing three hundred and ninety Rifles during the present year, being the number directed by law to be provided annually, including the deficiency of last year. Extract from the minutes. DANL. J. HYLTON, Clerk of the Council. JENNINGS'S GAP, June 24th, 1809.
Robert M'Dowell, RESPECTFULLY informs the public that he has Removed his family from Saunton to the Red House in Jennings's Gap, on the main Road to the different Mineral Springs in Bath, Monroe & Greenbrier, where he keeps a HOUSE of ENTERTAINMENT, at the Sign of the SPREAD EAGLE, twelve miles from Saunton and 23 miles from Harrisonburg. His house is large and airy, well furnished with good beds, liquors of the best, good stabling to hold upwards of thirty horses, with plenty of hay and grain and pasturage. Also some Mineral Springs very convenient to the house and as he intends paying particular attention to the horse himself; he hopes to give general satisfaction to those who favour him with their custom. 2m.
20 Dollars Reward, IS offered for apprehending ANDREW, a negro slave, who about the beginning of this month RUN AWAY from the subscriber residing in the neighborhood of Amelia Court House. Andrew is about thirty years old, an intelligent, active, small man, a good house and stable servant, drives a Carriage well, understands a little of Shoemaking, and readily performs any kind of plantation labor. Some years ago he was in the service of Mr. Turner at the Bell Tavern in Richmond, where I believe he generally acted as hostler, and afterwards till last Christmas, was employed by Mr. Henry L. Brooke of Manchester in his tobacco stemmery. He has a wife living at the Manchester coal yard, a free mulatto woman named Sukey Hollinger, by whom I have reason to believe he is secreted. I will pay the above reward to any person who will deliver to me the above mentioned slave, or secure him in Jail, so that I get him again. James Henderson. 20th June, 1809. tf
COMMITTED to the jail of Montgomery county, on the 27th day of April, a negro man who calls himself MOSES; says he is about twenty two years of age; he is near six feet high, stout built, and says he is the property of Richard Terrell. The owner is requested to come forward, pay all charges and take him away, otherwise he will be dealt with as the law requires. H. GIBSON, Jailor. June 29th, 1809. (3m.)
FOR SALE or RENT, that valuable Property adjoining the city of Richmond, called THE COLUMBIAN MILLS. Mr. SAMUEL LEECH, living on the premises, will show this property to any person inclined to rent or purchase. The terms will be made known by application to the subscriber residing in Norfolk. John Granbery. Richmond, July 10, 1809. tf
COLUMBIAN MILLS. The Subscriber informs his friends, and the public, that he will purchase WHEAT delivered at the COLUMBIAN MILLS, or he will receive Wheat there, to be manufactured on very moderate and advantageous terms to the holders of this article, viz...for every 340 pounds of good Merchantable Wheat, he will engage to deliver one barrel of good Superfine Flour, or he will receive Wheat at 6s and 6d per bushel, of 60 lbs. and deliver Superfine Flour at $6.12 1/2, with a small proportion of Fine Flour at $5.62 1/2 cents per barrel—all to be inspected and delivered in good order at the Mill. The FLOUR made at this Mill has always been held in high repute, and it is the intention of the present Proprietor to sustain its character. The CORN MILL is in complete order—e, very attention will be paid to customers sending their CORN to be ground on toll at the usual rate. Good fresh MEAL for sale in small or large quantities at very moderate prices for Cash. Apply to Mr Samuel Leech on the premises, or to JOHN GRANBERY, Residing in Norfolk. CASH given for CORN delivered at the Mill Richmond, 7th July, 1809. tf
NOTICE is given, that a petition will be presented to the next Assembly, praying the passage of a law for the sale of the jail in the town of Fredericksburg, lately built for a District Jail, by the counties of Caroline, Spottsylvania, Orange, Culpeper, Stafford and King George, and the proceeds of such sale applied towards reimbursing the said counties the expense of building the same, in proportion to the sums respectively paid by each. 3m.
A BANK NOTE of ONE HUNDRED DOLLARS, was taken from a black boy who called himself James Smith, & says he found it in the street—Not thinking it proper to let the boy keep it, I detained it for the proper owner who may have it, on giving satisfactory evidence of his or their right to it and paying the expense of this advertisement. JOHN McDONALD. Richmond, March 10th, 1809. tf
By virtue of a deed of trust, from Andrew Lewis, of the county of Montgomery, WILL BE SOLD by the subscribers to the highest bidder, at the Eagle Tavern in the city of Richmond, upon the 28th day of September next, the following Tracts of Land With their appurtenances, or so much thereof as may be necessary to pay certain debts in the said deed of trust mentioned, that is to say; one tract situate in the county of Montgomery, containing eight hundred acres being that tract on which the said Andrew Lewis now lives; one other tract adjoining the last mentioned on the north, containing ten thousand acres; one other tract adjoining the first mentioned, being an inclusive survey, containing seven hundred and seven hundred acres; one other tract adjoining the last mentioned at the west end, containing four hundred and fourteen acres; one other tract called the CHESWELL NECK, containing three hundred and sixty six acres; one other tract called SEVEN ACRES on Bottom Creek, adjoining the first mentioned tract of eight hundred acres, and containing one hundred and fifty acres; one other tract also adjoining the first mentioned tract called PROVOSTON GARDEN, containing one hundred and twenty eight acres; one other tract adjoining the last mentioned, containing one hundred and thirty acres; one other tract adjoining the inclusive survey of seven thousand seven hundred acres above mentioned, containing eighty acres; one other tract adjoining the same inclusive survey and containing one hundred acres; one other tract lying on both sides of Little River, containing one hundred and fifty acres, on which is situated HOPEWELL FERRY —one other tract adjoining thereto, containing one hundred and forty acres—one other tract adjoining the same, called the Saw Mill tract, containing four hundred and thirty eight acres—and one other tract adjoining the last mentioned tract, containing one hundred acres—which said several tracts of land are situate in the county of Montgomery. The said sale will be made agreeably to the directions in such case, of the act of Assembly, passed the 31st day of January, 1800, entitled "an act concerning executions, and for other purposes." EDWARD JOHNSTON, } Trustees JOHN FROSSER, }
N. B. The above mentioned property is situate on and about what is generally called the BENT MOUNTAIN and considered a very valuable estate, particularly for grazing. Any one wishing for more particular information, may apply to Charles Johnston, residing in Campbell County, near Lynchburg, or to Robert Pollard George Pickett, or Gallego, Richard & Co in the city of Richmond. Richmond, July 11, 1809. tds
VALUABLE LAND FOR SALE. —I shall expose to public Sale, on the 3d Monday in August next, on the premises, a TRACT OF LAND situated in the County of Fluvanna on the three Forks of the Great Byrd Creek, eight miles from Columbia and fifty six miles from Richmond—it contains near 1800 Acres, one third of which is in cultivation, the balance is well timbered and generally fit for TOBACCO—the whole is well watered and peculiarly favorable to CLOVER and TIMOTHY.—There is upon this estate a decent dwelling House and out Houses and Mill with a pair of BURR and a pair of COLOGNE STONES —Mr. Robt. Mims, who resides upon the LAND, will show it to any person desirous of purchasing—The tract may be conveniently divided into three or four parts to suit the wishes of purchasers, who may be accompanied with Stocks of CATTLE, SHEEP and HOGS and a team of large & well drawing Mules—The terms will be, one fourth to be paid when the Title shall be made, the balance to be divided into three, four or five equal annual payments secured upon the Land by deed of Trust. JOHN ADAMS. Richmond, 8th July, 1809.
NOTICE is hereby given, that I shall petition the general assembly of Virginia at their next session, for a divorce from Bernard Florence Hantelman, to whom I was married on the 17th day of November last, for reasons which will be then and there made known. MARY HANTELMAN. July 24th, 1809. 3m.
BY the Governor of the Commonwealth of Virginia, A PROCLAMATION. Whereas it is represented to the Executive, that a new courthouse, lately erected in the county of Culpeper, for the purpose of holding therein the superior and inferior courts of law for the said county, will be so far completed as to be in a situation, by the next court to have the same held therein: I have therefore thought fit, to issue this Proclamation, hereby notifying all whom it may concern, that the next court to be held for the said county of Culpeper is, and all succeeding courts hereafter to be held therein according to law, are authorised and required to be held in the new courthouse aforesaid, so lately erected in the said county of Culpeper. Given under my hand, with the seal of the L. S. Commonwealth annexed, at Richmond, this 24th day of July, 1809. JOHN TYLER.
NOTICE. The creditors of the estate of John J. Wyatt, dec. are hereby requested to send in their respective accounts or claims for settlement; and those indebted, to make payment to the subscribers without delay. HARRY TOMPKINS, } Adm'rs. D. J. BURR, } Richmond, July 13th, 1809. wgt
FOR SALE or RENT, —The TENEMENT on shockoe hill, lately occupied by Mr. Samuel Pleasants; on which is a Dwelling house with six rooms, besides two dry cellar rooms with five places; also a Kitchen, smoke house, and Stable. The Situation is healthy and pleasant and very convenient to the Capitol—Possession may be had the first of October next, when Mr. Pleasants' lease will expire. For terms apply to A. BLAIR, Richmond, July 12, 1809. wtf
NOTICE —On Monday the 23d, day of October next, will be sold, at Whitby, in the county of Chesterfield, upon a credit of twelve months; the PERSONAL ESTATE of the late Col. ROBERT GOODE; consisting of the present crop of Corn, Wheat, Oats, Fodder, and Hay; the stock of Horses, Cows, Sheep and Hogs; the plantation utensils and Household and Kitchen Furniture. Bonds and approved security will be required of the purchasers to carry interest from the date if not punctually paid.
It is particularly requested that all those who may have claims against the estate will make them known immediately to either of the subscribers, in order that provision may be made for payment. RICHARD B. GOODE, FRANCIS GOODE, Administrators with the will annexed.
That valuable and well known estate called WHITBY, on James River, about three miles from the Town of Manchester will also be sold by private sale; it contains 1262 acres of Land, about 220 acres of which are of the first rate Low grounds and more than one half of the residue thereof is heavily timbered. To this estate there is attached one of the best fisheries on James River and every convenient and necessary house for the accommodation of a family. An indisputable title will be made and possession given on the first day of December next, with the liberty of sowing small grain at any time agreeable to the purchaser. The terms may be known on application to Richard B. Goode, Manchester, or Francis Goode, Powhatan. July 11, 1809. wtds.
NOTICE. —I shall petition the General Assembly of Virginia at their next session, for a divorce from my wife Frances, for reasons then and there to be made known. OBADIAH BOOTH. Lancaster County, Virginia, July 4, 1809
New Virginia Justice, CONTAINING The Duties of a Justice of Peace, &c. together with a variety of useful precedents adapted to the laws now in force. Also forms of conveyancing, such as deeds of bargain and sale, lease and re-lease, mortgage, trust, &c.
General Assembly, begun and held at the Capitol in the city of Richmond, on Monday the second day of December, in the year of our Lord, one thousand eight hundred and five, and of the Commonwealth, the thirty-first. AN ACT giving further time to the proprietors of certain lands, forfeited for the non-payment of taxes, to redeem the same. [Passed February 1st, 1806.] BE it enacted by the General Assembly, That the proprietors of lands forfeited to, and vested in the commonwealth, by the non payment of taxes, agreeably to the act, entitled, "An act more effectually to provide for the payment of taxes upon lands within this commonwealth," may redeem the same by paying into the treasury of this commonwealth, on or before the first day of March, in the year eighteen hundred and seven, all arrears of taxes due thereon. This act shall commence and be in force from and after the passing thereof. A Copy from the Roll—Teste, J. PLEASANTS, Jr. Keeper of the Rolls.
General Assembly, begun and held at the Capitol in the city of Richmond, on Monday the first day of December, in the year of our Lord, one thousand eight hundred and six, and of the Commonwealth, the thirty-first. AN ACT to amend an act, entitled, "An act more effectually to provide for the payment of taxes upon lands within this commonwealth." [Passed 20th January, 1807.] BE it enacted by the General Assembly, That when the taxes on any tract or parcel of land shall have heretofore remained, or shall hereafter remain unpaid for the space of two years, such tract or parcel of land shall be forfeited to the commonwealth, and shall not be subject to location Provided nevertheless, That the tract or parcel of land so as aforesaid forfeited, shall be subject to the redemption of the former rightful and proper owner at any time within three years after such forfeiture shall have accrued, upon payment of the taxes due thereupon, according to the following rules, to wit: That if the said taxes shall be paid in the first year after such forfeiture shall have accrued, there shall be paid an interest of twenty-five per centum per annum on the amount of the said taxes from the time they became due till paid. If the said taxes shall be paid in the second year after such forfeiture shall have accrued, there shall be paid an interest of fifty per centum per annum on the amount of taxes due as aforesaid; If the said taxes shall be paid in the third year after such forfeiture shall have accrued, there shall be paid an interest of one hundred per centum per annum, as aforesaid; Provided also, That nothing in this act shall be so construed as to affect the rights of infants, femes covert, or persons of unsound mind, until one year after the disabilities shall have ceased, on their paying all taxes due, with an interest thereupon at the rate of ten per centum per annum on the amount due as aforesaid. All acts and parts of acts coming within the purview of this act, are hereby repealed. This act shall commence and be in force from and after the first day of March next. A Copy from the Roll—Teste, J. PLEASANTS, Jr. Keeper of the Rolls.
General Assembly, begun and held at the Capitol in the city of Richmond, on Monday the fifth day of December, in the year of our Lord, one thousand eight hundred and eight, and of the Commonwealth, the thirty-third. AN ACT providing for the redemption of certain lands forfeited by the non-payment of the taxes thereon. [Passed February 6th, 1809.] BE it enacted by the General Assembly, That all lands heretofore forfeited or hereafter to be forfeited to the commonwealth for the non-payment of taxes, by virtue of the laws now in force, shall be redeemable at any time within three years from the time when such forfeiture hath heretofore accrued, or shall hereafter accrue, and until the first day of March next succeeding the expiration of the said term of three years, on payment of the taxes due thereon, with an interest of ten per centum per annum on each year's tax, from the time when the same became or shall become due, until the time of such redemption. Provided, nevertheless, That all lands heretofore forfeited, shall be redeemable in like manner, and on payment of the like interest, on or before the first day of March in the year one thousand eight hundred and ten. Be it further enacted, That the auditor of public accounts, shall on or before the first day of March, in the year one thousand eight hundred and eleven, and on or before the first day of March in every year thereafter, deliver to the collector of the taxes of each county, a list of all such forfeited lands therein, as on the first day of March preceding, had become irredeemable, which list shall be forthwith posted or hung up in the most public place in the courthouse of the county. Be it further enacted, That on the first Monday in August, in the year one thousand eight hundred and eleven, and on the first Monday of August in every year thereafter, the collectors shall proceed, by public auction, at the door of the courthouse of each county, to sell to the highest bidder, each tract of land contained within the list of such forfeited lands, as were irredeemable on the first day of March in the preceding year, for ready money. Be it further enacted, That if at any such sale the former owner or owners of any forfeited tract of land so about to be sold, or any person for him, her or them, or in his, her or their behalf, with or without any authority or direction for that purpose, shall appear and pay the taxes due thereon, with interest as aforesaid, until the time of such sale, such tract shall not be sold, but an entry of such payment shall be made by the collector on the list aforesaid, and a receipt for such payment given to the person making the same in the name of the former owner or owners, and thereupon such land shall be taken to be redeemed, and the forfeiture accrued thereon, shall be, and the same is hereby fully waived and remitted.
Be it further enacted, That it shall be the duty of the commissioner or commissioners of the revenue, annually, on the first Monday in August, to attend at the courthouse of their respective counties, and to take and make out a list of all the sales so to be made by the collector, specifying the name or names of the former owner or owners, the sums paid and to whom sold; which list the commissioner or commissioners shall forthwith transmit to the auditor of public accounts, who shall charge the collector with the amount of sales appearing thereon. Be it further enacted, That it shall be the duty of every collector to pay annually into the public treasury, all such sum or sums of money as he shall receive by virtue of this act deducting a commission of five per centum thereon, which payment shall annually be made on the same day on which the taxes collected in the same year shall be payable. Be it further enacted, That the lists of sale so certified and taken by the commissioner, or either of them, shall be sufficient to charge the collector or his security or securities, his, her or their heirs, executors or administrators thereon, with, on any motion to be made to recover the
same by the auditor of public accounts. And if any collector shall make default in the payment of any monies by him received, by virtue of this act, at the time hereby required, such collector and his security or securities, his, her or their heirs, executors or administrators, shall be liable to all such fines, interest, damages and costs, and be recovered in the same manner as in case of a default in the payment of the commonwealth's revenue. Be it further enacted, That it shall be the duty of every collector making a sale by virtue of this act, to make and execute to the purchaser a deed in fee simple for the lands purchased, setting the cause of sale, and in every action or suit at law or in equity, in which a former owner or owners of any tract of land so sold and conveyed, his, her or their heirs, devisees, or other person or persons claiming under him, her or them, shall contest the validity of the sale so made, the purchaser shall be on the party so contesting. Be it further enacted, That the commissioner or commissioners for discharging the duties required of them by this act, shall be entitled to receive from the public treasury a commission of one and a half per centum on the amount of sales, on a warrant from the auditor of public accounts. Be it further enacted, That it shall be the duty of the auditor of public accounts, at the public expense, to cause a copy of this act, and of an act passed the first day of February, in the year one thousand eight hundred and six, entitled "An act giving further time to the proprietors of certain lands forfeited for the non payment of taxes, to redeem the same, and also of an act passed on the twentieth day of January, in the year one thousand eight hundred and seven, entitled "An act to amend an act entitled "An act more effectually to provide for the payment of taxes upon lands within this commonwealth," to be published for six months successively in the present year, and for three months successively preceding the first Monday in August, in the year one thousand eight hundred and eleven, to be published in some newspaper of general circulation, edited in each of the United States, if any such there be. And be it further enacted, That the duties enjoined by this act to be performed by the collectors, shall, where the sheriff is collector, be performed by the high sheriff in person, and every purchase made, wholly or in part, by the sheriff or his deputy, or by any other person being a collector, or by any other person, wholly or in part, for the use of such sheriff, deputy sheriff or other person being collector, shall be void; and every sheriff, deputy sheriff or other person being a collector, making any purchase, either wholly or in part, for himself, or procuring any other person to make such purchase, wholly or in part, for the use aforesaid, shall forfeit and pay the sum of $500, to the use of the public, to be recovered by bill, plaint or information, in any court of record having jurisdiction thereof. This act shall be in force from the passing thereof. A Copy from the Roll—Teste, J. PLEASANTS, Jr. Keeper of the Rolls.
VIRGINIA: At a Superior Court of Chancery held at the Capitol in the city of Richmond, the day of June, 1809. Nathaniel White, William Smith & Elizabeth his wife, formerly Elizabeth White, Josiah Franklin, and Lucy his wife, formerly Lucy White, which Nathaniel, Elizabeth and Lucy are children & part of the devisees of David White, deceased, against Robert White, one of the sons and devisees, of David White, dec'd. Nathaniel Talley and Sarah his wife, a daughter and devisee of the said David White, William New and Mary his wife, also a daughter & devisee of David White deceased, David White, son & heir of John White deceased, who was son & devisee of David White deceased, Ludwell Epperson and Fanny his wife, formerly Fanny White, William White, David White, John White & James White, which said Fanny, William, David, John & James are children of James White deceased, son & devisee of David White dec'd. the said David, John & James being infants under age of twenty one years, by Isham Goddin now assigned their Guardian. Defts. THE defendant David White, son and heir of John White deceased, and William White, son of James, 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 newspaper published in the city of Richmond, for two months successively, and posted at the front door of the Capitol in the said city. A Copy, Teste, P. Tinsley, c. c.
Fluvanna County, May Quarterly session, 1809. James Cole, Plaintiff AGAINST Joshua Bartley and James Payne, Defendants, THE Defendant Bartley, 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 Country; On the motion of the Plaintiff by his counsel, It is Ordered, that the said Defendant Bartley do appear here on or before the first day of the next Quarterly term and answer the Plaintiff's bill; and that a copy of this order be forthwith inserted in one of the Richmond news-papers and continued for two months successively, and another copy posted at the front door of the courthouse of this county. (A copy)—Teste, JOHN TIMBERLAKE, Jr. D. C. (Biv.)
Dampiers, CARDS, HAND-BILLS, LAWYRES, CLERKS & SHERIFFS BLANKS, &c. ARE NEATLY AND EXPEDITIOUSLY PRINTED AT THE ARGUS OFFICE.