The enquirer (Richmond, Va.), 1809-05-26 00:00:00

The Enquirer.
VOL. 6.]
RICHMOND, FRIDAY, MAY 26, 1809.
[No. 5.]
PUBLISHED BY THOMAS RITCHIE, OPPOSITE THE GLOBE TAVERN, AT FIVE DOLLARS PER ANNUM, PAYABLE IN ADVANCE.
NEW ESTABLISHMENT OF THE BELL-TAVERN.
THE exclusive management and superintendence of this House, has devolved upon the Subscriber, who, with Dr. Wm. Hoomes & Wilson Allen, are alone interested in it. No pains or expense has been spared to render this establishment one among the first upon the continent and nothing, on the part of the subscriber, shall be wanting to support its reputation and deserve public patronage. There are 40 rooms in and attached to the tavern. The largest and most commodious Stable in the City, and every convenience necessary to render the House a good one. It has lately undergone considerable change, and thorough repair. The Subscriber has laid in an assortment of the best Liquors, and hops, from his experience, to merit and meet with public support.
RICHARD C. WORTHAM. May 12.
THE SUBSCRIBERS,
TAKE LEAVE TO INFORM THEIR FRIENDS AND THE PUBLIC IN GENERAL, THAT THE
EAGLE-TAVERN,
IN the City of Richmond, will hereafter be conducted under the immediate management of GEORGE TURNER, they having formed an engagement for this purpose. They entertain the most sanguine hopes that their unremitting exertions will entitle them to patronage and favor. Every comfort which necessity may require, or which taste may suggest, will be procured with avidity and pleasure. They are determined, if possible, to render the EAGLE, in every department of their business, agreeable to their guests, and a pleasant abode to the stranger. Their solicitude upon this score has induced them, at considerable expense, to make some important changes in the arrangement of the rooms. They feel a great share of confidence in assuring their friends that they will meet with every convenience and attention that a house of this character is calculated to afford. Their Bed-Rooms are furnished with an entire new set of beds and furniture, with a suit of curtains to each, and the floor covered with carpets. Their stables are large & commodious (which will always be furnished with a full supply of the best provender the country affords) stands within twenty steps of the house, with a pump of excellent water at the door, for the purpose of watering and washing the horses.
They take leave further to state, that a COFFEE-ROOM has lately been established in one of the rooms of the Eagle, in which the newspapers from all the principal towns on the continent are to be seen. With these advantages, & these determinations, in which they are resolved never to relax, they can but hope for the most flattering success.
GEORGE TURNER, JAMES S. SMITHERS.
N. B. The printers throughout the U. States who now direct their papers to Jas. S. Smithers, are requested to insert the above one week, and in future direct to Turner and Smithers. G. T. & J. S. S. May 9.
REMOVAL—ANDREW STEVENSON, has removed his office, to the Brick Tenement immediately above the Bell Tavern, where the most punctilious attendance will be given to his professional duties. May 22.
FOR RENT—Until the 1st of October next: the House, in this city, usually occupied by the subscriber, during the sessions of the Court of Appeals. Apply to S. ROANE. May 22.
NOTICE—The partnership of BARRETT & KOONE, is this day dissolved by mutual consent. SAMUEL BARRETT, DANIEL KOONE. May 22.
The business will be continued by S. Barrett, who solicits the public patronage.
NEW GOODS—JOHN KING, has just received an additional supply of Spring and Summer
GOODS, Selected from the late importations, and which are now opening for sale, at his Cheap Cash Store. May 19.
S. & J. JACOBS, are just receiving a handsomest assortment of Spring GOODS, Amongst which are, 6-4 Cotton Cambrics, 4-4 Do. do. 6-4 Figured Leno, 4-4 Do. do. 1 trunk sup. Plates, 1 do. Curtain Callico, Silk Shambay, Black Lustreing, Plaid do. Florentine Waistcoating, Marseilles do. Yellow Nankeens, Blue do. Muslinet, Dimities, Bombazetts, Bandano Hdkfs. A handsome assortment Tortoise Combs, I bale superfine Baftas, I do. Movamoodies, An elegant assortment Floor Carpeting. With a number of other articles too numerous to enumerate. All of which will be sold at reduced prices for cash. April 28.
JOHN LE TELLIER, DENTIST—informing the inhabitants of Richmond and its vicinity, that he intends leaving town on Monday next, for some time, perhaps six or seven weeks. Those persons who stand in need of his assistance, will receive notice of his return, in this paper; at which time his residence will be continued next door to Edmund Randolph's, adjoining the Capitol Square. May 19.
WANTED TO HIRE—Six or eight NEGRO MEN, till the end of the year. The hire will be paid monthly, if required. Apply to Mr. Richard Sampson, at Middle Quarter, Tuckahoe, or the subscriber. JOHN WICKHAM. May 16.
NOTICE—The subscriber has, for the present, removed his VENDUE OFFICE, to the front room of the house occupied by Mr. Carter B. Page, opposite to Messrs. Hovey and Sizoo where he transacts business as usual. He has on hand a quantity of West-India and other GOODS, and is prepared with convenient store-houses to receive any further consignments that may be made to him. JAMES BROWN, Jr. Auctioneer. April 11.
PURSUANT to a Deed of Trust executed to the subscribers, by Samuel Parsons & Sarah his wife, for the benefit of Wm. Cocke and Thomas and Amos Ladd, and other Creditors of the said Samuel Parsons, will be exposed to Sale at Public Auction, on the respective Premises, on Wednesday the 3d of next month the following PROPERTY, lying in the City of Richmond, viz. nearly three-fourths of the LOT described in the plan of the said City by No. 436, on the S. W. side of the Basin, and between Thomas Ladd's and the Hay-Market Square, bounded on the North-East by the street running between the Hay-Market Square and the public Warehouse.
All that part of LOT, No. 436, on the N. East side of the Basin, which is bounded by the street running by the Bank and Robert McKim's to Cary street, thence by the last mentioned street to the tenement occupied by Mr. Smith as a bakery, & back to the alley which divides said Lot from R. McKim's.
One Moiety of the Tenement on the Main street, now occupied by David Logan, containing 24 feet front, and extending back to an alley leading to Byrd's Warehouse, on which are a two-story brick store house, lumber house, kitchen, stables, &c.
Also, ten SHARES in the Richmond Turnpike and a COACHEE and Horses, together with sundry Household-Furniture, &c. The sale will commence at the Tenement occupied by David Logan for the Moiety thereof, the Turnpike Shares and the Personal Articles; and will thence adjourn in course to the other LOTS mentioned.
Terms of sale will be, cash for the Personal property, the Turnpike shares, and the Moiety of the Tenement in the occupancy of D. Logan; and twelve months credit for the other property, on notes negotiable and payable at the Bank of Virginia, satisfactorily endorsed, and titles to be withheld as further security, until full payment of the respective notes—or, at the option of the purchaser, one fourth to be paid down and the other three-fourths to be secured by deed of trust on the property purchased, and bond of the purchaser. The Lots will be sold as they stand, or be divided as may appear reasonable. E. CARRINGTON, RICHARD ADAMS, GEO: GREENHOW, Richmond, April 7. Trustees. eptds
The above SALE is postponed to Saturday the 27th inst. when it will certainly commence at 12 o'clock. May 2d, 1809.
EUROPE.
BALTIMORE, May 20.
LATEST FROM SPAIN.
The brig Cerberus, for Philadelphia, arrived yesterday at New-Castle. A gentleman who came passenger in the brig, writes to his friend in this city, that they sailed from Cadiz on the sixth April. His account is unfavorable to the cause of the Patriots. Information, said to be from two English gentlemen, had reached Cadiz, that a French army was on the 1st April within 18 or 20 miles of Seville, on their route to that city; that Cuesta had been beaten; no particulars, however. The writer's impression was, that no part of Spain, except Cadiz, could hold out more than two months, say till June. This by the way, we may term very slow destruction, when it is considered that the threatening torrent is the military force of France.
FROM ENGLISH PAPERS.
AUSTRIAN AND FRENCH TROOPS.
The cloud of war, which begins to rise in the western horizon of Europe, has perhaps already burst upon the countries it overshadows, in a torrent of desolation and carnage. The Austrian armies under the Archduke Charles, one of the best generals of the day, after a new system of tactics, which that officer has introduced since the last unhappy contest in Germany, from which anxious Europe has fruitlessly expected her emancipation and her safety, are probably at this moment struggling against the victorious forces of Napoleon. Austria has not been able to exist as an independent state, since the treaty of Luneville, the dismemberment of the coalition in 1805-6; or rather the want of affinity and cohesion in its very materials, has placed her in a situation in which she cannot exist without dishonor, and in which she cannot continue to exist without manifest danger. Notwithstanding the predictions of Gentz, in 1806, that the unconquered powers of Europe "are no longer at liberty to run counter to their interests, and the confederacy must continue to exist from the nature and force of things," yet Austria alone, of the powers then unconquered, seems the only one willing to resist the concentrated torrent of the French power.
If she had risen with all her might six months ago, the desponding world could then have hoped for success; the Spanish patriots would then have been materially relieved from the pressure of the whole weight of the French empire, and Europe might be again re-animatated and awakened from the sleep of death. Our hopes are now feeble indeed, and the abilities of the Archduke, the new system of tactics, the necessity of aggressive hostility with which Austria must be impressed, together with our most ardent desires and impressions of the justice of her cause, cannot afford a gleam of expectation by which they can be enlivened. When the energy of one man is considered, who wields the most formidable power which the modern world has ever seen; when we think of the promptitude and decision with which this power is made to operate; and on the other hand, the weakness of a distracted cabinet, the inferior numbers of the Austrian troops, and their continual defeats, when opposed to the French, we find such drawbacks on our desires, that all ideas derived from more favorable aspect of the cause, are to the last degree sickly and inanimate. The following characteristics of the Austrian compared with French soldiers, extracted from a celebrated work, entitled, "Character des Armes Europeennes," will perhaps be generally amusing at this critical moment.
"The French soldiers who are more active, more enterprising and ready in availing themselves of every advantage of ground, will hang round bodies of men that are much more numerous than themselves; they molest, harass and advance upon them by means of the smallest shelter. The Austrians, in
the mean time, preserve their rank and file; but their oblique firing has not the least effect upon men who are either scattered about or advantageously posted; while every discharge of the latter, being levelled at a considerable body, cannot fail of telling.—When the Austrians advance, the riflemen withdraw, but return to the charge as soon as the Austrians retire again; the Austrian troops are thus harassed by an enemy that keeps out of its reach, and whose numbers, upon looking at the extent of ground which they occupy, appear more considerable than they really are. This method of fighting continues until the losses they have experienced, and the inutility of resistance, produce discouragement and confusion; and at length, the troops, overwhelmed with fatigue, and thrown into disorder, either disperse, or lay down their arms. The French, who would not have dared to meet these same Austrians in open field, have often defeated and taken thousands of them with some hundreds of men only; for the instant their ranks are broken, the Austrians become like a flock of sheep dispersed, and incapable of reuniting. The coolness of the Austrian is inexpressible. The humiliation of surrendering their arms does not seem to affect them any more than the dangers of a battle. One would suppose, in considering their indifference, that it was nothing but the finale of a pantomime or ballet. The Austrians carry their fear of being outflanked or turned, to a degree which is at once ridiculous and extravagant; it might indeed be called a national disorder or weakness. They fancy themselves outflanked, or enveloped at the very moment in which they might surround those who have had the rashness to outrun them. This excessive apprehension disconcerts their plans, and drives them to retrograde movements, at a time when, in order to beat the enemy, they have only to advance upon him."
DOMESTIC.
MR. ADAMS'S
CORRESPONDENCE CONTINUED.
To the Printers of the Boston Patriot. SIRS,
On the 6th of March a Letter was written by the Secretary of State by my order, in the following words, to Mr. MURRAY: PHILADELPHIA, March 6, 1799.
SIR, I enclose a commission constituting you, in conjunction with the Chief Justice Ellsworth and Patrick Henry, Esq. of Virginia, Envoys Extraordinary and Ministers Plenipotentiary to the French Republic.—By the President's direction, I enclose for your information, copies of his messages to the Senate of the 18th and 28th of March; (it should have been the 18th and 25th of February) by the latter of which you will see the motives inducing the nomination of a commission for the purpose of negotiating with France, instead of resting the business wholly with you. This will doubtless be agreeable, by relieving you from the weight of a sole responsibility in an affair of such magnitude.
It is the President's desire that you by letter to the French Minister of Foreign relations, inform him, that Oliver Ellsworth Chief Justice of the United States, Patrick Henry, late Governor of Virginia, and yourself are appointed Envoys Extraordinary and Ministers Plenipotentiary of the United States to the French Republic, with "full powers to discuss and settle by a Treaty, all controversies between the U. States and France." But "that the two former will not embark for Europe until they shall have received from the Executive Directory direct and unequivocal assurances, signified by their Secretary of foreign relations, that the Envoys shall be received in character, to an audience of the Directory, and that they shall enjoy all the prerogatives attached to that character by the law of nations, and that a minister or ministers of equal powers shall be appointed and commissioned to treat with them." The answer you shall receive to your letter, you will be pleased to transmit to this office.
You will also be pleased to understand it to be the President's opinion, that no more indirect and unofficial Communications, written or verbal, should be held with any persons whatever, agents on behalf of France, on the subjects of difference between the U. States and the French Republic. If the French government really desire a settlement of the existing differences, it must take the course pointed out: unless the Executive Directory should prefer sending a Minister Plenipotentiary to the U. S.
I have the honor to be, Very respectfully, Sir, your obedient servant, TIMOTHY PICKERING. WM. VANS MURRAY, Esq. Minister of the U. States at the Hague. Mr. Murray obeyed these instructions by a letter in these words: THE HAGUE, 5th May, 1799.
CITIZEN MINISTER, It is with the greatest pleasure that I hasten to fulfil the instructions, which I have just had the honor to receive from the government of the United States of America, by informing you that the President has appointed Oliver Ellsworth, Chief Justice of the U. States, Patrick Henry, late Governor of Virginia, and William Vans Murray, Minister resident of the U. States at the Hague, to be Envoys Extraordinary and Ministers Plenipotentiary of the U. States to the French Republic, with full powers to discuss & settle by a Treaty, all controversies between the U. States and France; but that the two former Mr. Ellsworth and Mr. Henry will not embark for Europe until they shall have received from the Executive Directory, direct and unequivocal assurances, signified by their Minister of foreign relations, that the Envoys shall be received in character to an audience of the Directory, and that they shall enjoy all the prerogatives attached to that character by the law of nations, and that a minister or ministers of equal powers shall be appointed and commissioned to treat with them. I request you, Citizen Minister, to lay this subject before your government, and as the
distance is so great, and the obstacles so numerous in an Atlantic voyage, that you will favor me, as speedily as possible, with the answer which is to lead to such happy and important consequences.
Accept, Citizen Minister, The assurances, Of my perfect high esteem, (Signed) WM. V. MURRAY.
To the citizen TALLEYRAND, Minister of the Exterior Relations of the French Republic, &c. &c. Paris. When Mr. Murray received the answer of the French Minister, he inclosed it, with the following letter from himself, to the Secretary of State: THE HAGUE, 7th of May, 1799.
DEAR SIR, On the 4th inst. late in the evening, I had the honor to receive your No. 22, containing the commission of Envoys.
On the 5th I addressed, precisely, agreeably to your instructions, as I conceived, the inclosed letter to Mr. Talleyrand, the minister of exterior relations. You will perceive, sir, that I did not think myself at liberty to go, not only out of the compass, but beyond them. In one word alone, I deviated, in the word minister, instead of Secretary of foreign relations. No direct or indirect and unofficial communications, written or verbal, will be held by me with the French agents on American affairs.
I accept the appointment which it has pleased the President to clothe me with, under a grateful sense of the high honor conferred upon me, so unexpectedly, by this mark of his confidence. I may be allowed to say, that though I was deeply sensible of the honor conferred by the first nomination, and shall always, I hope, retain a most grateful recollection of it; yet, sir, the new modification of that nomination gave me great pleasure, always conceiving, as I thought I did, that any negotiation with France, would be full of anxieties and political perils to the Envoys that should be employed by our government. I had no wishes to be engaged in it, and no expectation that I should be: You have a share in it was by me unsought: You will excuse this declaration, because I was instrumental in certain preliminary steps, relative to the advances of France, which produced the basis of the appointment.
I sent the original of the inclosed, to Mr. Talleyrand, by post; another, a copy, to Major Mountiforce, to be handed to him; a third to a Mr. Griffith for Maj. M. in case the other failed, to be opened by Mr. G. if Major M. should have been out of Paris, and directed M. G. to follow the instructions which he would find in the letter to Major M. which were, to deliver the inclosed to Mr. Talleyrand, and take his letter in answer for me, and send it to me.
As soon as I have the answer of the Directory, I shall have the honor of transmitting copies to you, sir, by different ways.
I am, With the greatest respect, And sincere esteem, Dear Sir, faithfully, Your most ob't. serv't. WILLIAM V. MURRAY.
The Hon. TIMOTHY PICKERING, Esq. Sec'y. of State of the U. S. of America.
PARIS, 23d Floreal, (12th May, 1799.) seventh year of the French Republic, one and indivisible.
THE MINISTER OF EXTERIOR RELATIONS TO MR. WM. VANS MURRAY, Minister Resident of the United States, AT THE HAGUE.
I augur too well, sir, from the eagerness you display, in fulfilling the instructions of your government, not to hasten to answer the letter I received from you, dated the fifteenth of this month.
The Executive Directory being informed of the nomination of Mr. Oliver Ellsworth, of Mr. Patrick Henry, and of yourself, as Envoys Extraordinary and Ministers Plenipotentiary of the United States to the French Republic, to discuss and terminate all differences which subsist between the two countries, sees, with pleasure, that its perseverance in pacific sentiments has kept open the way to an approaching reconciliation. It has, a long time ago, manifested its intentions with respect to this subject. Be pleased to transmit to your Colleagues, and accept yourself, the frank and explicit assurance, that it will receive the Envoys of the United States, in the official character with which they are invested: that they shall enjoy all the prerogatives which are attached to it by the law of nations, and that one or more Ministers shall be authorized to treat with them.
It was certainly unnecessary to suffer so many months to elapse, for the mere confirmation of what I have already declared to Mr. Gerry, and which, after his departure, I caused to be declared to you at the Hague. I sincerely regret, that your two colleagues await this answer at such a distance. As to you, sir, whom it will reach in a few days, and who understand so well the value of time, when the restoration of harmony between two Republics which every thing invites to friendship, is in question, be assured, that as soon as you can take in hand the object of your mission, I shall have the honor, immediately, to send you passports.
Accept, Sir, The assurances of my very sincere consideration. (Signed) CH. MAU. TALLEYRAND.
The foregoing documents were not published till they were communicated to Congress with my message of December 5th, 1799. The messages to the Senate, nominating the Minister and the Envoys, were never published till now, as I remember—I may be, however, mistaken. These papers were not published till the mischief was done that they might have prevented, and innumerable prejudices and errors, propagated all over the nation.
I have omitted two facts which ought to have been inserted in a former letter:
1. One is, That one of the Heads of Department at Trenton, was more diffident than the rest. He said, he was far from being sanguine. He had signed the
me, urging a postponement of the mission, because he did not like to be singular; but he wished me to decide the question according to my own judgment and sentiments. He also shewed me a letter from the Attorney General in Virginia, saying, that the people expected that the Envoys should proceed, and would be disappointed if they did not.
2. Another fact is, That I transiently asked one of the Heads of Department, whether Ellsworth and Hamilton came all the way from Windsor and Newark to Trenton, to convince me that I ought to suspend the mission?
JOHN ADAMS. Quincy, May 10th, 1809.
NATIONAL ECONOMY.
Perhaps there is no circumstance which so strongly affected the fears and feelings of the British government in their recent retrogradation from insolence to humility, as the rapid progress of the national feelings of America, in pursuit of the only solid and secure sources of national wealth.
An estimate of the exports of England to the United States, for the last three years, on an official account, if it could be obtained, would place this subject in a more strong light—we should therein perhaps find the resolution of many other enigmas beside the admission of outrage on the Chesapeake, and the desertion of the orders of Council—we should perhaps discover the cause of the failure of the public income of Great Britain from eight to nine millions of pounds sterling—the issue of several millions of exchequer, navy, ordinance, and victualling bills, & the existence of a larger floating debt, than at any former period.
The abandonment of the insolent policy of England to the United States, however, has furnished to the American people several important lessons, if they only do profit by them.
We have found that an embargo is better than a navy.
We have found that we possess within ourselves, if we but determine to use them, resources sufficient not only to render us independent of Europe as of China or Siberia.
We have also got over a great part of our prejudices as to the capacity of the nation to manufacture, and the policy of manufactures.
This truth must be now self-evident; that if the commerce of England gains an annual amount of 7 or 10,000,000 pounds sterling; or 50,000,000 of dollars; if her revenue is affected by the loss of American trade, that the trade of America must be, of consequence of so much value; and to use the trite old saying of our friend, the Old Goose, "What is good for the goose is good for the gander," which translated into homespun, amounts to this; that America, by converting her own products into manufactures at home, might profit to the same amount by using her own means at home, which another nation profits by the alternate use of duplicity and insolence, corruption and violence, slander and delusion.
England keeps two or three dozen consuls in various parts of the United States to regulate our commerce and our elections; and her secret emissaries to burn and destroy our public establishments of arts and industry.
There is the strongest ground to believe that the Chemical Laboratory of Mr. Harrison, in the northern precincts of this city, was on Saturday night last, destroyed by one of those incendiaries by which the diabolical spirit of British monopoly has conflagrated so many of our manufactures. The Paterson manufactory in Jersey has been twice destroyed; an attempt was made not long since to destroy the labor-saving machinery in one of the cotton manufactures of this city. It is incumbent on every person concerned in manufacture to keep a strict watch over their workshop. The only nights in the week that Mr. Harrison's Laboratory was unoccupied, were Saturday and Sunday nights; no fire was kept in the place burnt, nor had there been any fire in any part of the Laboratory after 6 o'clock on Saturday evening.
This spirit of desolation, ruin, and destruction, which assails the manufactures of America, is the same foul spirit which has desolated the continent of Europe, & which has stained, with human gore, the Baltic and the Levant, the Rhine and the Danube, the sterile rocks of Calabria, and of Copenhagen.
A delusive truce now prevails; we are told to expect what is liberal, from those who have never treated us but with a reluctant complaisance at best, and often with a supercilious ceremony, which, from the eye of the intelligent, never concealed a latent, deadly and incurable hatred.
But although the senate of the U. States, by a shocking and unaccountable vote, with only five members in the minority, deserted the interest of the nation, by voting against the 50 per cent. duties, we trust the congress, that is about to assemble on the 22d instant, will be more just to their country, by at least holding forth such a protection to the home industry of the United States as will give the domestic production as much protection as will save it from foreign monopoly and conflagration.
In some branches of manufacture, a moderate duty upon the imported article will afford protection; but there are articles which must have a protection equal to the exclusion of the foreign article, were it only to put an end to the system of conflagration. For until those articles which the British incendiaries destroy are excluded, we shall for ever see our manufactures burnt, exactly at the point of time when they have reached the highest state of perfection, and are competent to the national supply.
We feel some pleasure, however in finding that the repeal of the embargo has not put an end to the growth of wool, or the progress of cotton spinning—the following extract of a letter from col. Humphreys will we trust, induce all those of this state who have fine sheep, oxen or horses, to bring them to Philadelphia, on the 4th of July—would it not be well worthy of the attention of the corporation to open the Potter's field near Walnut street, to exhibit the cattle upon; and would it not be advisable at that time to call men of intelligence, friends of agriculture, and husbandry,

and manufactures together, and enter into arrangements for meetings yearly or half yearly.
Extract of a letter from col. D. Humphreys dated 6th May, 1809.
I propose as a more certain project, to send on to Philadelphia to the cattle show, on the 4th July next, a few full blooded merinoes (already engaged) and a considerable flock of very fine-wooled sheep of various degrees of blood, derived from my imported flock. Now all I shall wish you to do is, to hire pasture in the neighborhood of the city, where they may be kept well, reasonably and safely, until they shall be either disposed of or bro't back. The number will be from 60 to 80. I wish you to mention this to the gentlemen presidents and members of the premium and domestic societies, in order if they judge proper, they may make the fact extensively known through the medium of the different papers, that the flock in question will certainly be in Philadelphia at the before mentioned time, if no unforeseen accident should happen to prevent it.
Extract from Governor Trumbull's Speech delivered at the opening of the session of the Connecticut Legislature.
At our special session in February last, sundry matters of public business were in contemplation, which we had not time then to mature and complete, and which of course lay over to another session. Since that, and within a short time, you will have seen a proclamation from the President of the U. States, announcing, that the British Orders in Council of January and November 1807, will have been withdrawn, as respects the United States, on the 10th day of June next—and declaring, that after the tenth day of June next, the trade of the U. States with Great Britain, which has been suspended by an act of Congress, interdicting all commercial intercourse between the U. States and Great Britain and France, and an act, laying an embargo on all ships and vessels in the ports and harbors of the United States, and the acts supplementary thereto, may be renewed. While we rejoice in this change of circumstances in our exterior relations, it will rest, gentlemen, with your prudence and discretion to determine what further measures, if any, will be expedient to us, to adopt, at this time, for asserting the claim, and securing the exercise of our future commercial rights, without such durable embargos and interdicts, as have been lately experienced by the several acts of congress, laying an embargo, and suspending our intercourse with foreign nations.
The recent events which have occurred on the Eastern Continent, whereby it would seem that Providence is still proceeding in its course, of overturning and punishing for their sins, the ancient kingdoms of Western Continental Europe, are calculated to read to us, in these ends of the Earth, important lessons of wisdom and caution in our conduct, and may eventually, under the direction of a wise and overruling influence, be the means of producing much political good to this new and extensive continent; and under the guidance of a liberal magnanimity and sound policy, may serve to procure to these U. States many beneficial and estimable effects.—But the particular circumstances which may arise from these events, are beyond our foresight, and must be left to the future disclosure of a wise and overruling providence.
New-York, May 20. Captain Clarke of the schooner Philander , informs us, that Admiral Cochrane, with 3 sail of the line and a frigate, arrived at St. Bartholomew on the 2nd of May, said to be from a cruise after the French fleet that escaped from the Saints.
NATURAL PHENOMENON. —In the north part of Cumberland, in the state of Rhode-Island, near the Attleborough line, twelve miles from town, about the beginning of March, in the night, the ground for the space of two or three acres began shaking, and continued two or three minutes. The houses shook considerably, the water in a pond adjacent seemed considerably agitated, and there appeared many indications of an earthquake; but it passed off, and the next day about two in the afternoon the same quivering of earth was observed. Since, every few days, the earth shakes with the same appearance, and sometimes so hard as to break crockery ware in the houses. These continual convulsions have alarmed the inhabitants near and on the place, and no way can they account for it. Some have removed.
New-York. A report was in circulation yesterday morning, that an express had passed through this city from Boston, with dispatches from France for our government. In the course of the forenoon, and even before the bearer of them could have crossed the Hudson, it was said, that a frigate had arrived at Boston, with news of the rescinding of the French Decrees. This story, by some, was swallowed; and nothing was more anxiously wished for than the arrival of the Eastern Mail, as it was expected the news would be confirmed in the Boston papers. But, in them there was not a word of news. In the afternoon, the public began to believe, that the story was set on foot for speculating purposes. The latter, we think, is most probable. N. Y. Gazette.
[How like the above was the story circulated in this city! Yesterday it was reported, that a French frigate had passed up the Delaware; again, it was a French corvette, or something which bore a French appearance; and was, forsooth, boat or monster, and carry what it might, seen by the packet passengers! The fact is, this day the non-intercourse law, as it relates to France, goes into operation.]— Balt. Fed. Gazette.
INTERESTING CIRCULAR. PHILADELPHIA, April 28, 1809.
SIR, From a variety of causes, more particularly the late embargo, a spirit of enterprise in the establishment of useful manufactures in almost every part of the United States has been exhibited—great exertions have been made, and large capitals have been embarked in this line, and the manufacturing interest is forming a new link in the chain of Society, and if properly united, its strength will, in an individual and national point of view, become powerful, beneficially influential, and permanent.—To promote these effects, a communication between distant manufacturers and a co-operation in plans for the general good, may be of the first importance. In this city a society is established under the protection of an act of incorporation
of the State Legislature, for the support of domestic manufactures, and much good has emanated from it. The late arrangement of our government with England has produced general satisfaction, and the manufacturers have participated therein, as preventing the evils of war, which all were apprehensive of; yet they feel that these events are likely to produce powerful effects on the manufacturing interest of the United States, and will require extraordinary exertion and powerful support to counteract it. Thus impressed, the manufacturers and artists in this city have appointed a committee to correspond with their brethren in every part of the Union.—This committee now address you as a respectable manufacturer, or as a friend to that interest, requesting your assistance, and that of such of your neighboring manufacturers as can be consulted, in an application to congress at their meeting in May next, for such protection and support as the state of the manufactures of the U. States shall appear to them to be entitled to—to this end, it will be of importance to furnish this committee with all the information possible on the nature and extent of the manufactures in your neighborhood, and they will arrange and combine it, so as to bring the whole into one point, and prepare it for the view of congress. It is also particularly recommended to form societies of manufacturers and artists in convenient districts, and to encourage every individual to give the best information on the state of manufactures to such members of congress as can be immediately communicated with, and in order to produce the most permanent advantages to the manufacturing interest, it is proposed to hold a meeting of deputies from such societies as may be formed in different districts, on Wednesday the 25th of October next, at the Mechanic Hall, New-York, when by a full exhibition of facts, and of a free communication of opinion, such plans may be devised and carried into effect, as may tend to cement and strengthen this interest, and produce extensive advantage to individuals and to the nation at large.
Your communications, addressed to Wm. Drey, C. C. M. A. Philadelphia, will receive respectful attention from
Sir, your most humble servants, William Drey, } John Harrison, } James Robinson, } Committee of Correspondence. Adam Seybert, } Abraham Small, }
WASHINGTON, May 22. The beautiful Frigate Essex , Captain Smith, left the Navy Yard yesterday, bound down the river.— Nat. Int.
The Bridge over the Potomac was on Saturday opened. Although not entirely finished, it is sufficiently so for safe passage. We learn that the Directors have permitted the passage to be free for a few days, when the Bridge will be completed.— Id.
A letter from New Orleans says that Great sickness prevails among the American Troops lately sent to that country, there being 500 out of the 2000 in the Hospitals.
BRIEF POLITICAL VIEW Of the eleventh U. States' Congress.
   STATES. SENATE HOUSE   Sed. Rep. Sed. Rep.     New Hampshire, . . . . . 2 — — 3   Massachusetts, . . . . . — 2 8 6   Rhode Island, . . . . . 1 — 1 2   Connecticut, . . . . . — 2 — 3   Vermont, . . . . . 2 — — 3   New York, . . . . . — 2 9 8   New Jersey, . . . . . 2 — 6 1   Pennsylvania, . . . . . — 2 18 —   Delaware, . . . . . — 2 — 1   Maryland, . . . . . — 2 6 3   Virginia, . . . . . — 2 18 4   North Carolina, . . . . . — 2 9 5   South Carolina, . . . . . — 2 3 —   Georgia, . . . . . — 2 4 —   Kentucky, . . . . . — 2 6 —   Tennessee, . . . . . — 2 3 —   Ohio, . . . . . — 2 — —   TERRITORIES.   Mississippi, . . . . . — — — 1   Orleans, . . . . . — — — 1   Indiana, . . . . . — — — 1   21 7 100 45  
* This is not correct. The two oppositionists are not marked. † Returns from Tennessee not received—where there's no enemy there's no danger. ‡ Territorial representatives have no vote.
   RECAPITULATION.   Senators Representatives.     Whole number—34 Whole number—145   Republicans, . . . . . 27 Republicans, . . . . . 100   Federalists, . . . . . 7 Federalists, . . . . . 45   Boston Patriot.  
ELEVENTH CONGRESS.
LIST OF MEMBERS
COMPOSING THE SENATE OF THE U. S.
 New Hampshire. Nahum Parker, Nicholas Gilman.  Massachusetts. Timothy Pickering, James Lloyd.  Rhode-Island. Francis Malbone, Elisha Matthewson.  Connecticut. James Hillhouse, Chauncey Goodrich.  Vermont. Stephen R. Bradley, Jonathan Robinson.  New York. John Smith, Obadiah German.  New Jersey. John Condit, John Lambert.  Pennsylvania. Andrew Gregg, Michael Leib.  Delaware. Samuel White, James A. Bayard.  Maryland. Samuel Smith, Philip Reed.  Virginia. William B. Giles, Richard Brent.  Kentucky. Buckner Thruston, John Pope.  North Carolina. James Turner, Jesse Franklin.  Tennessee. Joseph Anderson, Jenkins Whiteside.  South Carolina. Thomas Sumter, John Gaillard.  Georgia. John Milledge, William H. Crawford.  Ohio. R. J. Meigs, one vacant. 
LIST OF MEMBERS
OF THE
HOUSE OF REPRESENTATIVES
ACCORDING TO STATES.
 New-Hampshire. Daniel Blaisdell, John C. Chamberlain, William Hale, Nathaniel A. Haven, James Wilson.  Massachusetts. Ezekiel Bacon, Orchard Cook, Richard Cutts, William Ely, Gideon Gardner, Barzillai Gannett, Edward St. Loe Livermore, Benjamin Pickman, Josiah Quincy. 
cy, Ebenezer Seaver, William Stedman, Samuel Taggart, William Bullies, Jabez Upham, Joseph B. Varnum, Laban Wheaton, Ezekiel Whitman.
Rhode-Island. Richard Jackson, Elisha R. Potter.
Connecticut. Epaphroditus Champion, Samuel W. Dana, John Davenport, Jonathan O. Mosely, Timothy Pitkin, jun. Lewis B. Sturges, Benj. Tallmadge.
Vermont. William Chamberlin, Martin Chittenden, Jonathan H. Hubbard, Samuel Shaw.
New-York. William Denning, James E. Mot, Jonathan Fisk, Barent Gardenier, Thomas R. Gold, Herman Knickerbacker, Robert Le Roy Livingston, Vincent Matthews, Gordon S. Mumford, John Nicholson, Peter B. Porter, Erastus Root, Thos. Sammons, Ebenezer Sage, John Thompson, Uri Tracy, Killian K. Van Rensselaer.
New-Jersey. Adam Boyd, James Cox, William Helms, Jacob Huffy, Thomas Newbold, Henry Southard.
Pennsylvania. William Anderson, David Bard, Robert Brown, William Crawford, William Findley, Daniel Heister, Robert Jenkins, Aaron Lysle, William Milnor, John Porter, John Rea, Matthias Richards, John Ross, Benjamin Say, John Smilie, George Smith, Samuel Smith, Robert Whitehill.
Delaware. Nicholas Van Dyke.
Maryland. Brown, John Campbell, Charles Goldsborough, Philip B. Key, Alexander M'Kim, John Montgomery, Nicholas R. Moore, Roger Nelson, Archibald Van Horn.
Virginia. Burwell Bassett, William A. Burwell, Matthew Clay, John Clopton, John Dawson, John W. Eppes, Daniel Sheffey, Thomas Gholson, jun. Peterson Goodwyn, Edwin Gray, Michael Swoope, John G. Jackson, Walter Jones, Joseph Lewis, jun. John Love, J. Stephenson, Thomas Newton, Wilson C. Nicholas, John Randolph, John Smith, John T. Roane, James Breckinridge.
Kentucky. Henry Christ, Joseph Desha, Benjamin Howard, Richard M. Johnson, Matthew Lyon, Samuel McKee.
North Carolina. Willis Alston, jun. James Cochran, Meshack Franklin, James Holland, Thomas Kenan, William Kennedy, Nathaniel Macon, Archibald M'Bride, Joseph Pearson, Lemuel Sawyer, Richard Stanfurd, John Stanley.
Tennessee. Pleasant M. Miller, John Rhea. One not certain.
South Carolina. Lemuel J. Alston, William Butler, Robert Calloun, Robert Marion, Thomas Moore, John Taylor, Richard Winn, Robert Witherspoon.
Georgia. Wm. W. Bibb, Howell Cobb, Dennis Smelt, George M. Troup.
Ohio. Jeremiah Morrow.
Mississippi Territory. George Poindexter.
Indiana Territory. Vacant.
Orleans Territory. J. Poydras.
CONGRESS.
HOUSE OF REPRESENTATIVES.
MONDAY, May 22.
At twelve o'clock, the Clerk called over the lists of Members from the several states; and it appearing, that one hundred & twenty were present, a quorum was, of course, formed.
The House proceeded to the choice of a Speaker: Messrs. N. R. Moore, Cutts & Porter, (Penn.) were appointed tellers: The number of votes given in was one hundred and twenty.
On the first ballot,
   General Varnum had 60 votes.   Nathaniel Macon 36   Timothy Pitkin, jun. 20   Roger Nelson 1   Mr. Goldsborough 1   Blank votes 2  
A question arose, whether the two blank votes were to be included in the whole number given in; and whether, as the highest number on the first ballot, did not amount to a majority, a Speaker had been chosen?
Mr. Alston said, that it would be recollected by the House, in the case of the election for President of the United States in 1801, that the state of Maryland gave in four votes for Thomas Jefferson, and four blank votes; that the vote of Maryland was recorded for Mr. Jefferson; and that consequently this case established the principle, that votes which were thus thrown away, could not be counted in ascertaining majorities.
Mr. Macon thought, there could be no doubt on the question. He thought the blank ballots ought not to be counted.
Mr. Randolph hoped, that the House would proceed to a second ballot, and decide who should be its Speaker. He knew, that if his worthy friend from North-Carolina had not been implicated in the decision of this question, he would not have expressed the opinion he had just given. He thought, that this House were in danger of establishing a precedent highly alarming (and unconstitutional). The question was a very important one. It might happen, that the Speaker would have to act in the capacity of President of the United States, and he trusted, that the House would now be governed by the good old rule, that a majority should prevail in their decisions.
Mr. Stanfurd was also in favor of another ballot.
The question was then taken, whether the House would proceed to a second ballot, and carried—67 to 43.
Mr. Macon moved to postpone the ballot for a short time, that the gentlemen who had been so good as to give him their votes, might have an opportunity of selecting another candidate. He was very thankful to those gentlemen—but he had no wish to occupy the chair; he preferred a seat on the floor—in fact, his health would not justify his acceptance of the station of speaker. The motion was lost.
On the second ballot,
   Gen. Varnum had 65   Mr. Macon 45   Mr. Pitkin 6   Scattering votes 3  
Joseph B. Varnum was declared to be duly elected Speaker.
The speaker having taken the chair, expressed his thanks for the confidence and favour which the representatives of the nation had thought proper again to confer upon him, and promised every exertion of his talents to discharge the duties of his station in such a manner as to meet their approbation.
On the ballot for clerk—
   Patrick Magruder, had 63 votes   William Brent, 38   Nicholas Van Zandt, 14   Mr. Lambert, 7   Mr. Scott, 1  
Mr. Magruder, was elected.
The Speaker was then sworn in by Mr. N. R. Moore. The oath of office was also ad-
ministered to the members present, by Mr. Speaker.
A message was received from the Senate, stating, that they had formed a quorum, and were ready to proceed to business—also stating, that they had appointed Messrs. Anderson & Gilman, a committee, jointly with a committee from the House of Representatives, to wait upon the President of the U. States, and inform him, that the two Houses were ready to receive any communications he might be pleased to make to them.
It was ordered, that the Clerk do inform the Senate that this House had formed a quorum, and were ready to proceed to business.
Mr. Macon and Mr. J. G. Jackson were appointed a committee on the part of the House, in conjunction with the committee from the Senate, to wait upon the President.
A resolution was offered by Mr. Holland, and adopted, that the rules and orders of the last house be in force during the present session, until alterations and revisions take place.
Mr. Dunn, Mr. Wheaton, and Mr. Reily were named as candidates for the office of Sergeant at arms. On counting the ballots, Mr. Dunn had 80 votes, and consequently was elected.
Mr. Claxton was re-elected door-keeper, without opposition.
Jesse Edwards and Benjamin Burch were nominated as candidates for the office of assistant door-keeper.
On counting the ballots Mr. Burch was found to have 68 votes, and was elected.
Mr. Macon, from the joint committee appointed to wait upon the President of the U. States reported, that the committee had discharged that duty, and received for answer from the President, that he would make a communication to Congress to-morrow at 12 o'clock.
Mr. Dawson made a motion, that 10 o'clock be the hour to which the house shall adjourn. Carried.
The house then adjourned till to-morrow morning, ten o'clock.
WASHINGTON, May 23. AT 12 O'CLOCK, THE PRESIDENT OF THE U. STATES COMMUNICATED, BY MR. GRAHAM, THE FOLLOWING MESSAGE TO BOTH HOUSES OF CONGRESS.
Fellow Citizens of the Senate, and of the House of Representatives.
ON this first occasion of meeting you, it affords me much satisfaction, to be able to communicate the commencement of a favorable change in our foreign relations; the critical state of which induced a session of Congress at this early period.
In consequence of the provisions of the act interdicting commercial intercourse with G. Britain and France, our Ministers at London and Paris were, without delay, instructed to let it be understood by the French and British governments, that the authority vested in the Executive, to renew commercial intercourse with their respective nations, would be exercised in the case specified by that act.
Soon after these instructions were despatched, it was found that the British government anticipating from early proceedings of Congress at their last session, the state of our laws, which had had the effect of placing the two belligerent powers on a footing of equal restrictions, and relying on the conciliatory disposition of the United States, had transmitted to their Legation here, provisional instructions, not only to offer satisfaction for the attack on the frigate Chesapeake, and to make known the determination of his Britannic Majesty, to send an Envoy Extraordinary with powers to conclude a treaty on all points between the two countries; but, moreover, to signify his willingness, in the mean time, to withdraw his orders in council, in the persuasion that the intercourse with Great Britain would be renewed on the part of the U. States.
These steps of the British government led to the correspondence and the proclamation now laid before you; by virtue of which, the commerce between the two countries will be renewable after the tenth day of June next.
Whilst I take pleasure in doing justice to the counsels of his Britannic Majesty, which, no longer adhering to the policy which made an abandonment by France of her decrees, a pre-requisite to a revocation of the British orders, have substituted the amicable course which has issued thus happily; I cannot do less than refer to the proposal heretofore made on the part of the U. States, embracing a like restoration of the suspended commerce, as a proof of the spirit of accommodation which has at no time been intermitted, and to the result which now calls for our congratulations, as corroborating the principles, by which the public councils have been guided during a period of the most trying embarrassments.
The discontinuance of the British orders as they respect the U. States, having been thus arranged, a communication of the event has been forwarded, in one of our public vessels, to our minister Plenipotentiary at Paris; with instructions to avail himself of the important addition thereby made, to the considerations which press on the Justice of the French government, a revocation of its decrees, or such a modification of them, as that they shall cease to violate the neutral commerce of the U. S.
The revision of our commercial laws, proper to adapt them to the arrangement which has taken place with Great Britain, will doubtless engage the early attention of Congress. It will be worthy, at the same time, of their just and provident care, to make such further alterations in the laws, as will more especially protect and foster the several branches of manufacture, which have been recently instituted or extended by the laudable exertions of our citizens.
Under the existing aspect of our affairs, I have thought it not inconsistent with a just precaution, to have the gun-boats, with the exception of those at New Orleans, placed in a situation, incurring no expense beyond that requisite for their preservation, and convenience for future service, and to have the crews of those at New Orleans reduced to the number required for their navigation & safety.
I have thought also, that our citizens detached in quotas of militia, amounting to one hundred thousand, under the act of March, 1808, might not improperly, be relieved from the state in which they were held for immediate service. A discharge of them has been accordingly directed.
The progress made in raising & organising the additional military force, for which provision was made by the act of April 1808, together with the disposition of the troops, will appear by a report which the Secretary of War is preparing, & which will be laid before you.
Of the additional frigates required by an act of the last session, to be fitted for actual
service,

were considered to be against the defendant, both of which points he conceded, were in his favour. As no notice was taken of the point relative to the demurrer to evidence, in the judgement of the court, we are reluctantly compelled, for the sake of brevity, to omit those arguments.
Judge Roane then suggested to the court the propriety of reconsidering the point of the quod cum . He observed that although the decisions of this court were in strict conformity with the British authorities, yet, this being a point of practice, and not a rule of property; & there having been, probably, a general misapprehension among the gentlemen of the bar, on this subject, it might be worthy of consideration, whether, in order to prevent mischief, the courts, in this country, might not deviate from the English practice.
The court having consented to re-consider the point, it was argued by Call for the appellant, and by Warden for the Appellee. But as the court adjourned without coming to any decision, & the judgments in the case of Hord's ex'x. vs. Dishman & Moore's adm. vs. Downey & C. rendered at the same term, were not set aside, it might fairly be presumed that the judges were not disposed to change the rule, (see note (1) at the end of the case.)
Call , as to the quod cum in the declaration, argued that, according to the letter and spirit of our laws, which do not agree entirely with the British statutes on this subject, matters of form ought to be disregarded; that, as this question did not respect a rule of property, but a mere point of practice; it was but reasonable that we should conform to the spirit of our own laws, especially when we are about to make an interpretation on them; and the English judges have declared, that they would not extend the objection farther than it had been already carried. Our statutes have long provided, "that in all personal actions, where the declaration shall plainly set forth sufficient matter of substance for the court to proceed upon the merits of the case, the suit shall not abate for want of form. (Rev. Code, vol. 1, ch. 67, sect. 36, page 89) Torture this question as you will, still it is but a mere matter of form. It is impossible to suppose, but that the defendant knew as well what charge he was to answer, as if there had been a positive averment. Again, our statute of Jeofails (Rev. Code, vol. 1, ch. 76, sect. 26, page 112) declares, that judgement, after verdict shall not be stayed or arrested for "omitting the averment of any matter, without proving which, the jury ought not to have given any such verdict." In this case, it is impossible that the jury could have found for the pl. unless they had been satisfied that the defendant really was concerned in the prosecution of the cause, although he had apparently withdrawn from it. The case seems to fall within the principle which makes a difference between a defective title, and a title defectively set forth. In the case of Dobbs vs. Edmunds (2 Ld. Raym. 1413) the court declared, that "they would be bound by what had already been determined; but they would be very cautious of extending this exception, after verdict, farther than it had been carried before." In the Common Pleas, in order to get rid of the objection, the court will seize hold of the trifling circumstance that, according to the mode of declaring in that court, the writ is recited in the commencement of the declaration, and therefore, it is held that what follows makes the averment positive. But it is really difficult to perceive the distinction. Two thirds of the declarations in this state, will probably be found to contain this unfortunate quod cum ; and great mischief will ensue from an adherence to the decisions of the court of King's Bench, on this point. If the question had been asked the legislature of Virginia, whether, when they passed the beneficial statute of jeofails , which was intended to protect verdicts against technical quibbles, they had an idea that such an objection as this would afterwards have been sustained, one and all would have said No.
But however correct the objection may be in trespass , it is not so in case , as this action is; and the court will not carry the exception farther than it has been in England, but confine it to trespass only. Compare this with a common declaration in indebitatus assumpsit . You will find it is all recital there till you come to the breach, when it is merely said, that the defendant refused to pay, &c. The cause of action is as much stated by way of recital, as in this case. There is a precedent too, in 1 Modern Entries 217, and in 1 Lilley's Entries 38, where the case is set out with a "whereas," and concludes exactly like this.
It is true that there are recent decisions of this court against me; but it never has been contended, that a single decision shall invariably fix the rule. In Jolliffe v. Hill , (1. Call 328) Judge Pendleton says, "Unimportant. We have, however, progressed but little from the commencement of our existence; and if, in any instance, we should recently discover a mistake in a former decision, we should surely correct it; and not let the error go forth to our citizens as a governing rule of their conduct." The first case in which this question occurred was, Pullard v. Leavell (Nov. 1805, M.S.); and on the point of the quod cum , the court was equally divided. At the last term, the subject was re-argued in Taylor v. Rainbow , (2. Hen. & Munf. 423) but the cause was decided on the form of the action. During the present term, in Hord's ex'x. vs. Dishman (Ibid 395) and Moore's admr. vs. Downey , &c. it has, for the first time, been unanimously decided, that the quod cum is fatal.
Another reason why this exception should be disregarded, is, that in this country, the writ is filed among the papers, and may be inspected by the court, in the same manner as in the Common Pleas in England, where the quod cum is not held to be fatal. But in the court of King's Bench, the writ is not filed. It emanates from a different court; and if oyer be demanded, the plaintiff applies to the court of Chancery and gets a writ to suit his case. (Andrews 21. Smith v. Reynolds. Ibid. 282. Goodright v. Hodgson. Cases temp. Hardwic. 110. Franklin v. Reeves.) Sometimes the court of King's Bench will award a certiorari to bring up the writ, for the information of the court, when no diminution is suggested, as was done in the case last cited; and this court may do it, for the same purpose. All these cases prove, that where the writ emanates from the same court, it is considered a part of the record; and by looking at the indorsement, there will be found a positive affirmation.
Warden , on the other side, referred to the several British statutes of jeofails , and contended, that they went further in the protection of verdicts than ours; still the quod cum was held to be fatal. This was a good exception at common law, and might have
been provided against by the legislature; but that not having been done, the court must decide according to law. There is no averment in this declaration, that the defendant had done any thing ; it is mere recital from one end to the other. In case for slander, &c., the form commences with "whereas," as an inducement to the action, and concludes with "yet," &c. stating positively what the defendant did. Would the "whereas" in such an action be good, without the conclusion? Surely not.
It is said, however, by Mr. Call, that this precedent is like the common one in indebitatus assumpsit . Not a declaration can be found, in assumpsit , drawn by the most ignorant pleader, where the "quod cum" goes entirely through. After reciting the cause of action, they always conclude with a breach of promise; "yet the defendant," &c. without which, it would be clearly bad.
The law, on this point, has been fully settled. A great number of cases exist, both in England and in this court, where the exception has been sustained; and if the court were to decide otherwise now, instead of studying uniformity, they would study diversity. Ballard v. Leavell , Taylor v. Rainbow , Hord v. Dishman , and Moore v. Downey , are all cases in point. Wednesday , March 8th, 1809, the judgement of the District Court was unanimously AFFIRMED.
NOTES.
(1.) The judgement of the court below, having been given for the defendant, and this court having merely affirmed it, without assigning any reasons, doubts existed as to the grounds of the decision; whether upon the merits , or the quod cum or upon both. To remove those doubts, the Reporters addressed a note to the Judges, stating the difficulty which had occurred; that frequent applications had been made to them, by gentlemen of the bar, to know whether the point was still open to discussion, (an opinion which had been entertained from the circumstance that the court permitted it to be re-argued, in this case, without coming to any direct decision on that very point;) and that it was important to the profession to receive the earliest information, how far the law had been settled. The Judges very politely favored the Reporters with the following answers:
From Judge Fleming. In a conference with the Judges, on the point of quod cum , after the argument of Lomax vs. Hord , I understood it to have the unanimous opinion, as it was my own, to adhere to former decisions of the court on the subject, it being better to compel the practitioners to follow precedents, and conform to law, than that the law should bend to their loose practice.
From Judge Tucker. The Reporters were verbally authorised by Judge Tucker, to say, that he concurred in the above statement of Judge Fleming.
From Judge Roane. S. R. presents his respects to Messrs. Hening & Munford . In answer to their note respecting the decisions of the court on the point of quod cum , he begs leave to say, that the question first occurred in the court of Appeals, to his knowledge, in the case of Ballard vs. Leavell , which has never been reported. In that case, two of the judges, (of whom S. R. was one,) were of opinion, that the defect was substantial, and that it was not cured by a verdict, two other judges thought otherwise: Since the accession of Judge Tucker to the court, he has adopted the former opinion, and several decisions have been given conformably thereto, by the voice of the three present acting judges. The grounds of the opinion of S. R. were stated in the said case of Ballard vs. Leavell . He has not since seen cause to change that opinion; but understanding that some dissatisfaction existed with a part of the bar, touching this decision, and fearing from various information, that this error was very general, with the profession in this country, upon the occurrence of the point again in the case of Lomax vs. Hord it seemed to him worthy of re-consideration, on this last ground only, and he mentioned his wish in court that it should be re-considered. That request was acceded to. It was made by S. R. under the influence of a principle, stated by one of the judges, (supposed to be Mr. Pendleton ) in the case of Downey vs. Jones 1 Wash. 322; "that although uniform decisions which establish the rules of property, ought to be adhered to, yet that the (the Judge) did not view them as sacred in points of practice which should vary as experience should evince their convenience or inconvenience." In a conference after this, with the other judges, as they evinced no wish to retract their former opinions, as S. R. possessed no decisive evidence of the extent of this error, and as, in general, it is better to compel practitioners to conform to decisions than that the law should bend to suit a loose practice, he readily acquiesced: especially as he had never doubted the correctness of the opinion, in reference to jeofails cases.
Messrs. Hening & Munford , Richmond, May 16, 1809.
NOTE BY THE REPORTERS.
It has long been settled, in England, that the quod cum in trespass is fatal. Gilbert in his history and practice of the common pleas, page 124, 125, says, "the declaration must contain such certain averments, as that it may be traversed; for if there be no certain averment to make the declaration itself traversable, it will not be cured after verdict, because it is a defect in the substance, if nothing be positively affirmed to be put in issue, and therefore if a declaration be quod cum , the defendant assaulted him, and the defendant pleads not guilty, there is nothing but in issue, for the pleadings have affirmed nothing; for although the defendant be found guilty on that issue, yet the plaintiff cannot have judgement, because nothing is positively affirmed in the defence by the allegata ; but if the plaintiff declares quod cum , the defendant conceives it as teneri , or quod cum mutatus fuisset  non solum , or etiam dimissus , & the defendant elects, in these cases there is a positive charge upon the defendant, and the quod cum being a branch of the whole period, & making one sentence with the latter part of it, it is a positive affirmation; therefore, being positive, it is equally traversable with the latter part, and therefore a man may plead non est factum  non mutatus , non dimisit , because, though these came under the quod cum , they together with the rest of the sentence, being positive they make substantive issues of themselves." Accordingly, in all the ancient and modern books of entries of any authority, we find the charge in trespass positively alleged, and never, with a quod cum , or whereas . In the common pleas indeed, the declaration commences by way of recital, that the defendant was attached to answer the plaintiff, therefore, &c. reciting the substance of the writ; but it afterwards goes on to affirm positively, (see a precedent in Downey 21. Cottingham vs. Bejahin ) which is the reason why that court gets over the objection arising from the quod cum , although it is held fatal in the King's Bench, where the plaintiff declares immediately against the defendant in the custody of the marshal, &c. and does not recite the writ. See the Old Book of Entries ( Liber Intraventionum ) edit. 1546, folio CCXIX, where there is a declaration "by bill against a person in custody of the marshal," for trespass, assault and battery, & wounding, setting forth, by way of aggravation of damages, that in consequence of the defendant's threats, and the plaintiff's fear of his life, he was prevented from attending to his business in buying and selling merchandise, &c. for a long space of time, &c.
This declaration commences with a positive averment, thus: Lawrence Burgoyne complains of
William Rains , being in custody of the marshal of the King's Bench, of our Lord, the King, before the King himself, of this, that Deo  quod he, on the twenty-fifth day of August, in the eighth year of King Henry the eighth, with force and arms, to wit, with swords, staves, and knives, upon the said Lawrence , at Stelling in the county aforesaid, made an assault, and him beat, wounded, and ill-treated, so that his life was despaired of, &c."
The declaration then goes on to state the threats of the defendant, and the plaintiff's loss of business, and concludes with alia enormia and contra pacem , in the usual form. In the next folio of the same book, there is a declaration in case , upon the custom of England, for negligently keeping fire, whereby the plaintiff's goods and chattels were burnt, which declaration commences with the same positive averment . In folio  ccx. viii. b. and many other parts of the same book, declarations in trespass by original, may be found; which commences with whereas , in reciting the substance of the writ, but afterwards charges the act positively . See also Rastell's Entries , 661. b. 575. b. 667. b. 659. b. 643. a. 633. a. &c. Cokes Entries 667. a. b. Robinson's Entries from 433 to 479. Hansard's Entries in the court of King's Bench from 206 to 224, in all of which the charge is positively laid. Heres Pleadings 809. 2. Lilley's Entries 428. 431. 433. 437. 447. &c. 1. Richardson's Practice K. B. 182. 183. 2. Richardson's Practice C. P. 244. 28. Jacobs's Practice K. B. 153. 156. Morgan's Practice 137. 64. 9. Wentworth's system of pleading. 1. 4. 95. &c.
Some contemporary writers in England, have said that quod cum in trespass was well enough after verdict, though possibly it might be bad on demurrer. See 3 Comyns Dig. by Rose 766 Tit. Plead. (3. M. 3.) 2. Morg. Plead. Mee 223. In support of this position, the case of Douglas vs. Hall . 1. Wils. 99. is cited; but, on examining that case, it will be found, that although the court of King's Bench, inclined to get over the objection, yet the point was never decided. Afterwards in the case of White vs. Shaw . 2. Wils. 203 in the common pleas , it was expressly adjudged, on special demurrer, that the quod cum , did not vitiate the declaration; but this was on the ground, that, in that court the writ is set out in the declaration, and the court is helped thereby; tho' perhaps, said the court, if it had been a proceeding by bill in the King's Bench, it might have been ill. To the same effect is 2. Jones Notes , 432. Hall vs. Douglas Ibid 249. Warren vs. Lapham . Barnadiston K. B. 422. Bateman vs. Fowler . Andrews 21. Smith vs. Reynolds Ibid. 2. 2. Goodright vs. Hodgson . But the court of King's Bench now gets over the objection, after verdict, by suffering the pl. to file a rigid bill (the time of filing which they refuse to enquire into) and then amending the declaration by it. See 2 Stra. 151. Wilder vs. Hand . Ibid. 1162. Marshall vs. Riggs 1 Tidds practice ( Witney Edit. ) 390.
The following cases turned upon objections to the declaration for want of a positive averment: Cro. Eliz. 507. (B. R.) Briggs vs. Sheriff . In trespass , assault and battery, judgement of the common pleas reversed, on account of quod cum in the declaration. Style 117. (B. R.) Butler vs. Long . After verdict and judgement in trespass in a corporation count, error was brought, and the quod cum assigned for error. Per Rolle  J.  quod cum , in trespass is not good, though in another action it may. 2 Jones 197. (B. R.) Cholewa vs. Morton . Trespass for battery and false imprisonment; the pl. declared quod cum . &c. the def. justified by process of an inferior court, and after other pleadings there was a demurrer; and the court, without regarding the plea, and though it was a confession of the matter in the declaration, gave judgement that the pl. take nothing by his bill, for by the ( cum ) the declaration was defective in substance, nothing being positively affirmed. 2 Bulstrode 215. Shepherd vs. Heaton (B. R.) Trespass , assault and battery; on not guilty pleaded. Quod cum there was a verdict for the plaintiff, and a motion in arrest of judgement, because the declaration was with a quod cum . After two arguments the whole court except Coke , were of opinion that the declaration was bad, and determined that they would be governed by precedents, which were ordered to be searched for; and two were found by the secondary directly in point, that the quod cum was insufficient. On the first argument, Coke held that the declaration contained sufficient matter of substance; but however that might be, he thought it was aided by the statute 36. Edw. 3. C. 16. which declares, that "by the ancient terms and forms of pleadings, no man shall be prejudiced, so that the matter of action be fully shewed in the declaration and the writ." 2. Levinz . 193. More vs. Thacker (B. R.) Case for words; there were two counts in the declaration, the second of which was quod cum ; the def. spoke certain other words, &c. After verdict, and entire damages given, it was moved, in arrest of judgement, that the last count was not affirmative. But, by the court, this is well enough in an action on the case , as this, although in trespass , it has been ruled ill. Ibid . 200. Wittenhall vs. Sherwin . Error of a judgement in battery , in Chester , that the declaration was by way of recital, quod cum , he was beaten &c. upon which the judgement was arrested. Fitz Gibbons 255. (B. R.) Norman and George . Trespass , assault, and battery, in the Common Pleas: verdict for the pl. and error brought into the King's Bench; and the error assigned was, that the declaration contained no positive averment, being with a quod cum . It was argued on the point, whether the recital of the writ, in the declaration could aid the count; but the court seemed inclined against the plaintiff; but judgement was given
But it was however afterwards held in White vs. Shaw , 2 Wils. 203, that in the common pleas, where the Writ was set out in the declaration, the court was helped by the writ; & judgement was given for the plaintiff. Salk 636 (B. R.) Hore vs. Chapman . In trespass , the pl. declared quod cum  et armis &c. after verdict for the plaintiff, judgement was arrested; for quare is not positive but interrogatory, and much worse than quod cum .
But if, in trespass , the plaintiff declare with a quod cum , and afterwards charge another trespass , with also de eo quod &c. and have a verdict as to the last part, though it be for the defendant, under the quod cum , judgement shall not be arrested; for the latter part is by way of a positive charge, 2 Stra. 681. Dobbs vs. Edmunds , 2 Ld. Raym. 1413. S. C. 2 Show. 27. Dunstall  quod cum &c. vs. Dunstall . Debt on the statute of conveneries, for the penalty of twenty pounds. After judgement, error was brought, and it was objected that the declaration was by way of recital, with a quod cum ; so that there was nothing laid positively, no direct averment that there was a convencitio held or kept. Judgement was reversed. Ibid 295. Gourney vs. Fletcher . In an action on the case in Ireland, the plaintiff declared quod cum , the defendant took, and by force & arms, detained certain goods &c. per quod the plaintiff lost the sales. After judgement for the plaintiff a writ of error was brought in the court of King's Bench in England and it was held that the quod cum was nought, though in case ; because the dint of the action was the taking and detainer, and the per quod was only damage; and so there was no direct affirmation. And the judgement was reversed. Ibid 447. Dennis vs. Easley  Replevin . Motion in arrest of judgement, for that there was no express averment of the taking in the declaration but only by a quod cum ; though in case or debt it be well enough.
Ordered to stay till moved on the other side. J. Stra. 621. Amey vs. Shore . In assault it was once well laid, and then went on with a quod cum , and laid another assault; there were entire damages; and it was moved in arrest of judgement, that the last assault was not positively laid but only by way of recital. It was contended that the quod cum should be con-
sidered as matreer ; but per curiam it has always been taken only as a recital in these declarations, and the judgement was arrested. See also 1 Tidds Practice 330. 1 Wash. 153. Smith vs. Walker  exor. of Michie case, upon a contract of marriage; the pl. states that the def. promised to give to his grand daughter as much as he should give to any of his own children, but does not aver how much he gave to either of his own children or to what the pl. claim amounted , held that there was no breach sufficiently assigned. 1 Call 83. Chichester vs. Vass . S. P. 2. Call 39. Cook vs. Simms . In an action of assumpsit on a note of hand, it was held that there must be an express assumpsit laid in the declaration; a mere recital of the note in the declaration, not being sufficient. In the case of Hotchkiss vs. Pratt , 1 Mass. Rep. 96 it was held that the quod cum in trespass was ill; but in Coffin vs. Coffin . 2 Mass. Rep. 338. the court, from a review of all the cases, determined that it was not fatal, after verdict. In the latter case, however, some stress was laid on the particular words of the statute of Jeofails of Massachusetts, which was considered as more extensive in its operation than the English act of parliament, and also on the process and form of the judgement in the courts of that state; the proceedings being nearly assimilated to the practice of the common pleas of England; and the judgement in trespass , never being a captiatur . See the very able opinion of Chief Justice Parsons in the above case.
New Federal Creed. —The late letters of Mr. Adams have wrought the most extraordinary effects upon the Federalists. The bitterest denunciations are now lavished upon him from all quarters. It is no longer the immediate partizans of Alexander Hamilton or of Timothy Pickering that proscribe, but every man of them has a blow at him. "He is the vainest man on earth," cries one—"he is the most captious," responds another—"he is the most passionate," shouts a fourth—"he is a mere Dotard," is the chorus of the whole. And why these resentments? Because Mr. Adams is now vindicating the rights of our seamen protesting against the project of "unfurling the Republican banners against the Imperial standard"—& exposing those tricks and efforts which were used in 1799 to drive us into a war with France. This however is not the whole joke—The Federalists are not only denouncing Mr. Adams himself, but discarding the whole policy of his administration. It is a "sentiment" cries Mr. Coleman, once the great field Marshal under the banners of Mr. Hamilton, "it is one, which I think ought to be held by the party to which I have the honor to belong, on this and all future occasions. The Federalists now restored by the people to power are to be considered the Federalists of the true Washington school of 1796—not those of his successor of 1799." Now what makes the jest infinitely better is that these were the very men, who aided and abetted, and advised those very measures, which have so suddenly become odious to them. Who were the supporters of the Alien law? The Federalists! The Sedition law? The same. The 8 per cent loans? The Federalists. They had certainly as much agency in all these measures, as the "decrepid Dotard," whom they are now so elegantly denouncing.
No, no gentlemen, these tricks will not answer. If you are honestly and sincerely convinced of the impropriety of these measures, come out honestly and confess your sins. The republicans are not so ungenerous as to reject the manly and sincere professions to their faith. But if you are not disposed for repentance, at least do not expect to deceive the people—nor be so deficient in generosity or common sense as to attempt to buckle all your own sins upon the back of another. At least, be frank enough to say, how much of this policy you have abjured, or whether you have abjured it en masse . Or what is the very wisest measure of Adams's whole administration, the making of peace with France when she was honestly disposed for it, that has stirred up all these resentments against him?
THE MESSAGE of the P. U. S. is this day submitted to our readers. They will see that there is nothing in it about any new overtures coming from the French government. This Communication will have one effect at least. We shall hear no more of Mr. Madison's having abjured the course of his predecessor. Those illusive hopes which the Federalists have pretended to form, of his "charge of sides" are gone. Those idle attempts to sow a breach between him and Mr. J.—and to excite against him the worst suspicions of his best friends, are "dissipated into thin air!" What a most ridiculous figure do these gentlemen now exhibit to the eye of the public! It was a good piece of advice, that a sly old mouser gave to his brethren in the Boston Centinel, when he warned them not to be so very lavish of their praises—that perhaps Mr. M. was not as much changed as they expected—and if he was not, in how very awkward a light would all these precipitate praises upon an enemy expose them!
But it was all in vain—away they went, plunging and floundering, and crying up the new President to the skies. "He was sure to turn his back upon the sage of Monticello; he, a very Messiah upon Earth, was about to bring a new light among us—going to do all that had been done—& the adjustment with G. B. was a conclusive proof of his conversion." But how do these gentlemen feel now? How will they relish it? Really it would not seem very extraordinary to us, if these very persons were now to fly to the only ground which is left to them—and have effrontery enough to charge Mr. Madison with apostasy towards his new friends, in having dissipated the ingenious expectations, which they have been ridiculous enough to form for themselves.
In this communication there are two passages, which these men will not easily forgive—1st. his assertion that G. Britain had abandoned the ground which she had taken—and 2. his identifying his measures as to that power with those of Mr. J.—when he refers to "the proposal heretofore made on the part of the United States, as having embraced a like restoration of the suspended "ed commerce," and "as a proof of the spirit of accommodation which has at no time been intermitted," and when he appeals to the "result as corroborating," (proving the wisdom of) those "principles, by which the public councils have been guided, during a period of the most trying embarrassments." Considering the share which Mr. Madison himself has had in those councils, he could scarcely have said more.
APRIL 2d, 1809. The Buckmountain Baptist Church in Al- bemarle County, TO THOMAS JEFFERSON, LATE PRESIDENT OF THE U. STATES, SENDETH GREETING: SIR, WE congratulate you on your return home from your labor and painful service of
eight years, now to take some hours of sweet retirement and rest—enjoying at pleasure the company of your loving friends and neighbors. Not that we were weary or dissatisfied with your conduct, but we were well pleased; for which be pleased to accept of these our kind thanks. May your days be many and comfortable; in word (we say) we wish you health, wealth and prosperity through life, and in the world to come, life everlasting. Signed by order of the Church, GEORGE TWYMAN.
To which Mr. Jefferson returned the following Answer. TO THE MEMBERS OF THE BAPTIST CHURCH OF BUCKMOUNTAIN, IN ALBEMARLE.
I thank you, my friends and neighbors, for your kind congratulations on my return to my native home, and on the opportunities it will give me of enjoying, amidst your affections, the comfort of retirement & rest. Your approbation of my conduct is the more valued as you have best known me, and is an ample reward for any services I may have rendered. We have acted together from the origin to the end of a memorable revolution, and we have contributed, each in the line allotted us, our endeavors to render its issue a permanent blessing to our country. That our social intercourse may, to the evening of our days, be cheered and cemented by witnessing the freedom and happiness for which we have laboured, will be my constant prayer. Accept the offering of my affectionate esteem and respect. TH: JEFFERSON. April 13, 1809.
☞ We assure our Subscribers on the Staunton Route, that their Papers are regularly sent from this office. Packets of papers are sometimes returned that had been regularly forwarded.
MARRIED.—Doctor JOSEPH TRENT of this City, to the amiable Miss NANCY REYNOLDS, of New Kent County.
HANDSOME BUILDING LOTS.—The Subscriber will offer at Public Sale, to the highest bidder, On Thursday, the 8th June next, (if fair, if not, the next fair day,) on the premises, about forty
LOTS OF LAND. Lately laid off on that beautiful and elevated plain between Centre Hill, and the Poplar Spring Race Ground. Some are 11.5 acres, and others are larger lots. In point of situation, they cannot be surpassed in some of the finest and most wholesome water in the world, being contiguous to Poplar Spring on the south, and only a short distance from the Public Spring on the north. The streets & alleys are spacious, numerous & judiciously arranged for the promotion of health and convenience, as will be seen on reference to a plot of the said Lots, now at Messrs. Wm. and Henry Haxall's Vendue Office, Bollingbrook Street.
TERMS, VIZ: Free simple title, and no ground rent, payable in three equal and annual installments, the first to be made on the first of July, 1810. Security to be required, the purchasers at their option, will either give bond with approved security, or a lien on the land, until full payment is made. ROBERT BOLLING. Petersburg, May 26
N. B. All those who are desirous to avoid the expense, fatigue, and trouble of journeying to distant springs in search of health, are advised to provide themselves with a place of residence on this salubrious plain. To those who live in the lower part of the country, a removal in the summer time, to this spot, (particularly with children,) may render a longer journey quite unnecessary. R. B. 447 May 26.
A. C. DELAVIGNE, Having heard of the curious expressions uttered by certain common barbers, miserable chin scrapers, & frizzly quacks, tending to depreciate that superiority which genius is entitled to, and talents will invariably command, hereby puts them and their vulgar arts at defiance; & seeming to hold parley with such sneaking imps, proposes to any gentleman to defend and maintain, at his shop, the Head-Quarters of fashion, between the Bell-Tavern and the Market-bridge, against all persons whomsoever, his title to supremacy in curlery , wigbery , razery , to the amount of 100 dollars & upwards! As hostile as he is to that low style of puffery adopted by a certain adventurer , yelep'd Huggins , L. AVIGNE cannot avoid declaring in the face of the world that his education has been scientific that after having finished his studies at Paris, he took the tour of the universe—having had the rare fortune of regulating the heads of Catharine II. and the Grand Turk; the King of Persia and the Emperor of China; the Mamelukes of Egypt and the Dey of Algiers, together with all the ladies of their respective courts: He has visited Cape of Good Hope, India, Java, Madagascar, Tartary, and Kamchatka, whence he reached the United States by the way of Cape Horn. In England he had previously tarried, where he delivered Lectures on Heads , in great style, and received much applause. He has at last settled down at Richmond, determined to devote the remainder of his days to the high profession to which his destiny has called him; inviting all the literate , the lovers of the arts and sciences, to visit him at his Laboratory of Beauty , where he has separate rooms for accommodating ladies and gentlemen, who desire to adorn their heads with hair -adorn.
May 26. 347 FOR RENT, the TENEMENT now

MISCELLANEOUS.
SCHOOLS!!!
FROM THE EDINBURGH REVIEW.
(The best Review in Europe.)
OUTLINES
Of a plan for educating ten thousand poor children, by establishing schools in country towns and villages; and for uniting works of industry with useful knowledge. By Joseph Lancaster.
(Concluded.)
It must not be forgotten, that in Mr. Lancaster's school every boy is every moment employed. It is obvious, that in the class assembled round the suspended card for reading and spelling—the word of the monitor pointing to the particular letter—the taking places—the hopes of obtaining a ticket—must keep the children constantly on the alert—When they read, spell, and write at the same time, as in paragraph (A.) or when the monitor sums, as in paragraph (C.) it is impossible for any individual to be inattentive.
When a poor lad is educated, many valuable principles of religion, morals and politics, may be fixed on his mind, which could not be conveniently taught to him by any other means. At school he is under the influence of the master; for some years afterwards at home, under the influence of the parent.
Nature scatters talents in a very capricious manner over the different ranks of society. It is not improbable that a general system of education would rescue some very extraordinary understandings from oblivion.
Education raises up in the poor an admiration for something else, besides brute strength and brute courage; and probably renders them more tractable and less ferocious. A mob might issue forth to murder a man—all of whom could read, write, and work sums in compound multiplication and the rule of three.
It is said that the poor, proud of their attainments in learning, will no longer submit to the drudgery to which they have been accustomed in their state of ignorance. In the first place, if every body can read, no one will be more proud of reading than they are of walking now, when every body can walk.
Reading multiplies the power of getting at the opinions and arguments of others. In the end, the good opinion and the sound argument prevail. The standard books among the poor would not encourage disaffection, but the contrary.
We bear them no malice for their stupid prejudices, but wish on the contrary, with the utmost sincerity, that the accomplishments of reading, writing, and cyphering, were more generally diffused among these gentlemen; and that they were taught, by enjoying these blessings themselves, to appreciate them more justly for others.
There are now, perhaps, one million more of persons who can read and write, than there were before the revolution. Has this increase of knowledge produced any increase of disaffection?
The expense of education is not to be mentioned. A boy learns reading, writing & accounts for fourteen shillings, who would in hedge-breaking, or picking pockets, cost the country double the money in the same time.
The investigation might be pushed on to a great length. These are a few of the principal advantages which appear to us to result from education; from which we do not expect miracles, or believe that it would put an end to men, and render the executioner's place a sinecure.
Thus much for education itself. The manner of introducing it into, and encouraging it in a country, are totally separate questions. How far it may be expedient to provide nationally for the education of the poor against the prejudices of the upper classes, and without any cordial wish to that purpose on the part of the poor themselves, is doubtful, if it be possible.
In the year 1797, Dr. Bell, a clergyman of the church of England, published an account of an institution for educating at Madras, to which Mr. Lancaster is certainly indebted for some very material parts of his improvements.
We sincerely hope Dr. Bell will not attribute to us the most instant intention of depreciating his labors, when we say that he has by no means taught Mr. Lancaster all, though he has taught him much.
It has pleased the present archbishop of Canterbury to establish a large school, for the instruction of the poor of the established church, under the care of Dr. Bell.
We have been a little alarmed by observing, that Dr. Bell, after all he has wrote and done, calls in question the propriety of teaching the poor to write and to cypher.
THE CAMEL.
A Philadelphia gentleman, who spent many years of his life in Africa, has formed the design of carrying a number of Camels into the Southern states by way of introducing the breed.
The Camel is the most useful to man of all quadrupeds. He possesses the celerity of the horse, and can perform as much labor as the elephant, whilst he consumes only one-twentieth of the quantity of food on which the latter subsists.
The female affords milk longer than the cow; the young camel's flesh is wholesome and palatable; and the hair of this animal is finer and more valuable than the best sheep wool.
It is supposed that he will thrive in the Southern divisions of our Union, where his properties, adapted to the nature of the climate and country, will certainly render him invaluable.
The uncertainty whether the climate, to which it is proposed to carry him, will be found to agree with his habits and health, taken into view with the expense of the undertaking, might well have deterred any individual from hazarding his own resources; whilst the public benefit to be derived might have induced the state legislature to lay the burthen upon their treasuries.
TREES, SHRUBS AND PLANTS.
An experienced propagator of Trees, Shrubs and Plants (says a late London publication) has discovered a cheap and efficacious method of propagating, by cuttings, all kinds of fruit trees, without the aid of artificial heat.
Mr. James Archer, an engraver of distinction, in England, has perfected an invention, known only to himself, of the greatest importance to the commercial world, a mode of engraving bank notes, plates, which cannot fail to form a check against forgery.
Lately died at Tiverton, in Devonshire, the celebrated Mrs. Cowley; a lady equally distinguished for her dramatic talents, and her taste as a poetess.
FOR THE ENQUIRER.
THE MUSE!!
The following Verses have a charm in them, which I know not how to describe. There is a wildness, a love of liberty, a delicious enthusiasm of sentiment about them, which penetrate the heart.
The lady, to whom these lines were addressed, moved once in the highest ranks of title and fashion. In beauty she shone pre-eminent over all the British fair.
The subject of these lines is dear to every free man. Tell how a part in that glorious revolution, which broke the yoke of the House of Austria, and reared the independence of Switzerland.
The historians however agree, that Gessler, thinking it unsafe, on account of the many friends and relations he had in his native valleys, to dismiss him there, resolved, contrary to the privileges of his countrymen, which forbade their being sent to foreign wars, to convey him from the canton of Uri, a violent storm arose, and Gessler, knowing the expertness of Tell in the management of a boat, ordered his fetters to be knocked off, and the helm to be committed to his care.
The Chapel, which bears the name of this hero, is erected in the neighborhood of Küssnacht, in the canton of Schwytz, on the romantic borders of the Lake of Uri, on the very spot where he leaped ashore.
ODE TO GEORGIANA, DUCHESS OF DEVONSHIRE, ON THE 24TH STANZA IN HER "PASSAGE OVER MOUNT GOTHARD."
(And hail the Chapel! I hail the Platform wild! Where TELL directed the avenging Dart, With well-strung arm, that first preserved his child, Then wing'd the arrow to the Tyrant's heart!)
Light as a dream on thy days' near circle ran, From all, that teaches Brotherhood to man, Far, far removed! from Want, from Hope, from Fear!
The unenjoying toiler's misery. And yet, free nature's uncorrupted child, You hail'd the Chapel and the Platform wild, Where once the Austrian fell
But you free Nature's uncorrupted Child, Hail'd the low Chapel and the Platform wild, Where once the Austrian fell
IN CHANCERY—Buckingham County
March Court, 1809. James James Plaintiff against William Cannon, William Anderson, senior, and William Anderson, jr. Defendants.
IN CHANCERY—Charlotte Court, March 7th, 1809.
Robert Smith, Plaintiff, against James Weaver and Wm. Smith Defendants. THE defendant Weaver, not having entered his appearance according to the act of Assembly and the rules of this court, and it appearing to the satisfaction of the court, that he is not an inhabitant of this state.
IN CHANCERY—Charlotte Court, March 7th, 1809.
Robert Bailey, administrator of Lucy Bailey, dec'd. Plaintiff, against William Smith, administrator and distributee of John Smith, dec'd. John Smith, George Jones & Molly his wife, Edward Clarke and Elizabeth his wife, James Weaver & Nancy his wife, Charles Smith, Samuel Smith, David Bailey and Elizabeth his wife, and Francis Smith Defendants.
IN CHANCERY—Charlotte Court, March 7th, 1809.
Stephen Smith, Plaintiff, against Nathan Zackery and Thomas M. Dearman, Defendants. THE defendant Zackery not having entered his appearance according to the act of Assembly and the rules of this court, and it appearing to the satisfaction of the court, that he is not an inhabitant of this state.
FOR LIVERPOOL. The good and fast sailing ship, ROBERT POLLOK, CAPTAIN HOWLAND, is now landing at City Point, and as three fourths of her Cargo is under way, will be despatched immediately.
FOR LONDON. The good and fast sailing ship, FRANCES & MARY, CAPT. HITCH, is now ready to load, at City Point, and having two thirds of her Cargo ready to go on board, will be despatched with speed.
FOR LONDON, GREENOCK AND LIVERPOOL. The fast sailing ship Perseverance, Capt. Pele, now lying at Bermuda Hundred—She is a Philadelphia built, has excellent accommodations for passengers, and is expected to sail about the 10th of next month.
FOR SALE—Upon liberal credit, for cash or good bonds, 515 acres of LAND, in Middlesex county, advantageously situated upon the Piankatank, being the House Lot of Shooters Hill tract.
FOR LEASE OR SALE—on a credit from 1 to 5 years—The SOAP AND CANDLE MANUFACTORY, lately erected at Bacon Quarter Branch, in the skirts of the corporation bounds of this city.
COMMITTED to the Jail of King William county, a Negro Man named TOM, a runaway, who says he belongs to a Mr. Christie, living in the state of Tennessee, and escaped from the said Christie in Bedford county, in the state of Virginia.
FOR SALE—One thousand acres LAND, lying in the lower end of Buckingham county, on both sides of Buffalo creek, and on the road leading from Ca-Ira to New-Canton, within half a mile of navigation, on Willie's river, and about two from Ca-Ira.
LANDING from the Schooner RICHMOND, Isaac Seaman, Master:—
IN STORE.
17 Hogsheads Brown Sugar, 25 do. Molasses, 5 Tierces Green Coffee, 75 Boxes Half mch Segars, 3 Bales Welch Pianos, Family Flour in barrels and half barrels, Young Hyson, Hyson Skin and Souchong Tea, 10 Boxes Mould Candles.
HATS, SHOES, PORTER, &c.
A COMPLETE ASSORTMENT OF
SHOES.
A TUTOR WANTED—The Trustees of the town of York, are anxious to employ a gentleman of character, & literary acquirements, to conduct a SCHOOL in the said town.
Merchant's, Lawyer's, Sheriff's and Constable's
BLANKS.
For Sale at this Office.