The enquirer (Richmond, Va.), 1808-04-08 00:00:00

PRINTED AND PUBLISHED BY THOMAS RITCHIE, OFFICE OF THE ENQUIRER, AT FIVE DOLLARS PER ANNUM, PAYABLE IN ADVANCE.
NOTICE.—The subscribers having formed a connection in business, under the firm of HOVEY & SIZER, offer for sale (at the store lately occupied by Mr. C. J. Macmurd) the following articles, viz:
 50 hds. N. E. Rum,  25 hds. Loaf and Lump Sugar,  12 bags of Pepper,  2 ton of Bar Lead,  10 boxes Cotton and Wool Cards,  25 boxes Candles,  15 boxes New-York Chocolate,  25 trunks of Shoes assorted,  50 tiers Stone Lime. 
HENRY HOVEY, JAMES SIZER. [ep5w] All persons who are indebted to the subscriber are requested to make immediate payment—No further indulgence will be given to those whose bonds and accounts have been due  accounts have been due 6 months. HENRY HOVEY.
RAN-AWAY, on Wednesday last, from the Subscriber residing in the City of Richmond, a negro boy named BILLY, about twelve or thirteen years of age,—remarkably black, with short knotty hair, and a sensible countenance.—He is noted for smiling when spoken to.—When he went a way, he had on a brown drab Jacket, the sleeves of which were ragged, Pantaloon of the same, patched in several places with light grey cloth, and an India cotton shirt; but was barefooted, and without a hat.—He has relations at Shirley in Charles City county, and may perhaps have gone to that place; or he may have gone into Chesterfield, or farther south, as a Gentleman says he believes he saw him, on Thursday last, following a wagon on the Manchester Turnpike Road.—Any person who will deliver him to the subscriber, if he apprehends him in this City, shall receive a reward of five dollars; and, if elsewhere, of ten dollars, and reasonable expenses paid.
There is reason to believe that he stole, and has either sold, thrown away, or carried with him, the following valuable articles,—viz, a large miniature picture set in gold, with hair in the back, and a pin; the gold a little dented by a fall; being the likeness of a young Lady, dressed in white, of fair complexion, black eyes, and light curling hair, parted on the forehead, and flowing on the shoulders; with red and white beads round the neck; a small miniature picture (set in gold with a pin) of a young Lady, with black hair and eyes, and a beautiful face; the frame in the shape of an Octagon, and bent a little on the side, in consequence of having been trodden upon; also a small gold breast pin, intended for hair, which was never put in, but black silk in its stead.—Whoever will bring either of the said articles to the subscriber shall receive a liberal reward. ANNA BYRD. Richmond, April 5. [tf]
ONE CENT REWARD.—Ran-away 13th ult. from the subscriber, an apprentice boy in the name of LEMUEL HAMLETT, about 18 years of age, stout made, surly look, dark bushy head of hair, thick eye brows, rather inclined to be lazy. It is expected that he will endeavor to make out of the state.—by this, I forwarn all persons, from harboring or employing the said apprentice, as I am resolved to put the law in force against such offender. Since his escape, I understand that he has undertaken to work with some person in Halifax county, at his trade, which is the house joiners business, if so, I shall thank that gentleman to discharge him or abide by the consequence, as he has yet about eleven months to serve me. ARMSTRONG MILLER. Prince Edward, April 5. [24]
MILLINARY.—Mrs. DAVIDSON has just received a case of handsome spring BONNETS, with sundry other articles in the fancy line. Richmond, April 5. [epff]
PURSUANT to a deed of trust, executed to us by Elisha Estes of the county of Amherst, for the purpose of securing a debt therein particularly mentioned, we will sell to the highest bidder, for ready money, the dwelling house of said Estes, on Thursday the twenty-eighth instant, a tract or parcel of LAND, lying or being in the aforesaid county of Amherst, on the head waters of Rucker's-run, and containing by survey 573 acres, and adjoining the lands of Abraham Warwick, Thomas Statham, William Breeding and others, it being the same land wherein the said Elisha Estes now lives.—Although we believe the title to this land indisputable, we will only convey the title vested in us as trustees, and against the claim of any claiming under us. RO. MOORE, JAMES VIGERS, jr. { Trustees. Warminster, April 5. [ep3wp]
PURSUANT to a deed of trust, executed by George Loving to me, and recorded in the county court of Amherst, for the purposes therein expressed, I will sell to the highest bidder, for ready money, at the dwelling house of said Loving, on Thursday the 5th day of May next, two male NEGROES, to wit: Harry and Guy, and one Negro Woman named Silvy, or so many of them, as may be sufficient to pay the aforesaid debt and interest, and the necessary expenses attending the execution of this trust. I only warrant the title to those negroes against myself and those claiming under me. RICHARD POWELL. Warminster, April 5. [ep4wp]
SIMPSON MORRIS, opposite the Eagle Tavern, respectfully informs the public that he still continues selling off under cost and charges till the whole of the stock is sold and wishes the public not to lose this opportunity as goods are daily raising.—The stock consists of the following articles, viz: 7-8 and 4-4 Irish Linen, Kenning, Linen and Cotton Cambrics, a large assortment of India & British Muslin, corded and cambric Dimity, a large assortment of silk & cotton Hose, Ladies silk Gloves, Damask Silk, Shawls, Black twilled Sarcenets, Florentine silk, printed Calico, Linen & Cotton Chequees, linen & cotton Cambric hks. white & Black French laces, white and colored Marseilles and Janes, India Cotton and Wildboon, Bembe's Patent Cord, Cassimere, Broad Cloth, Flannels, Dressing Boxes, and a number of other articles too tedious to enumerate. April 5. cp2m.
FOR SALE.—By virtue of a deed of trust executed to the subscriber, by Richard E. Armstrong, to secure the payment of a debt due to Richard G. Merrill, will be sold to the highest bidder, for ready money, on Saturday the thirteenth day of April next, before the door of Thomas Willes's, in the town of Milton, one half acre LOT with its improvements, in said tract, No. 28, being the same Lot sold by said G. Merrill to said Armstrong, as per deed of record in the county court of Albemarle. Acting as trustee for others, will only convey the title vested in me as such. DAVID ANDERSON, Trustee. Milton, April 5, 1808. (over)
A LIBERAL price will be given for an unexceptionable Male COOK—One of a middle age would be preferred—Enquire of Prosser and Moncure. April 5. [cepf]
FIFTEEN DOLLARS REWARD.—Ran-away from the subscriber, living in New-Kent county, on 6th March last, a Negro Man named GIBSON, about five feet 9 or 10 inches high, sallow complexion, he lips a little in his speech, has rather a pleasing countenance, and had on when he went off dark Virginia Cloth clothing, he is 22 or 23 years old and very likely. It is probable that he has gone up James River in some of the boats, and may be lurking about Cumberland or Goochland, where he has some acquaintances, and I believe some relations at Mr. Thomas Wilkinson's in Cumberland. The above reward will be given, if delivered to me in New-Kent or to Mr. Joshua Crump living in Richmond, and ten dollars to secure him in any jail so that I get him again. JOHN P. CRUMP. New-Kent, April 5. [cepf]
DOMESTIC. DOCUMENTS ACCOMPANYING THE MESSAGE OF THE PRESIDENT OF MARCH 22, 1808. No. III. CORRESPONDENCE BETWEEN MR. MADISON AND MR. ROSE. (CONTINUED.) Washington, March 17th, 1808. SIR,
Being deeply impressed with the sense of his majesty's anxiety, that full effect should be given to those views of justice and moderation, by which his conduct has been regulated through the whole of the unfortunate transaction, whence the present differences have arisen; and of the disappointment with which he would learn the frustration of his just and equitable purposes; I have felt it incumbent upon me, on the receipt of the letter which you did me the honor to address to me on the 5th inst. to apply to this matter the most ample and serious consideration. It is with the most painful sensations of regret, that I find myself on the result of it, under the necessity of declining to enter into the terms of negotiation, which by direction of the President of the United States, you therein offer. I do not feel myself competent, in the present instance, to depart from those instructions, which I stated in my letter of the 26th of January last, and which preclude me from acceding to the condition thus proposed. I should add, that I am absolutely prohibited from entering upon matters unconnected with the specific object I am authorized to discuss, much less can I thus give any pledge concerning them. The condition suggested, moreover, leads to the direct inference, that the proclamation of the President of the United States of the 2nd of July, 1807, is maintained either as an equivalent for reparation for the time being, or as a compulsion to make it.
It is with the more profound regret, that I feel myself under the necessity of declaring, that I am unable, to act upon the terms thus proposed; as it becomes my duty to inform you, in conformity to my instructions, that on the rejection of the demand stated in my former letter, on the part of his majesty, my mission is terminated.—And as his majesty's government in providing me with those instructions, did not conceive that after the declaration of his sentiments respecting the affair of the Chesapeake was made known to this government, the state of any transaction pending or unterminated between the two nations, could justify the perseverance in the enforcement of the President's proclamation. I can exercise no discretion on this point.
As on a former occasion I detailed, though minutely, the motives for that demand, on the part of his majesty, which I, with so much concern, learn to be deemed inadmissible by the government of the United States, I should here abstain from an exposition of them which visibly can have no further effect upon the negotiation, if I did not deem it essential that they should not be left under any misapprehension, which I might be able to remove. I shall therefore take a short review of the transaction which has given rise to these discussions, in order the more correctly to determine the soundness of the principles upon which that demand is made.
Certain deserters from his majesty's navy, many of them his natural born subjects, having entered into the service of the U. States were repeatedly and fruitlessly demanded by the British officers, of the recruiting officers of the U. States; but were retained in their new service. As it was a matter of notoriety that several of these deserters were on board the frigate of the U. States, the Chesapeake, they were demanded of that frigate on the high seas, by his majesty's ship Leopard, and all knowledge of their presence on board being denied, she was attacked, and four of them, one avowedly a native Englishman, were taken out of her. Without being deterred by the consideration of how far circumstances hostile in their nature, had provoked, though they undoubtedly by no means justified, this act of the British officer, his majesty's government directed that a positive disavowal of the right of search asserted in this case; and of the act of the British officer, as being unauthorized; and a promise of reparation, should be conveyed to the American minister in London, before he had made any representation by order of the U. S.
This disavowal made on the second of August last, was transmitted by him to his government, before the sixth of that month—but before Mr. Monroe had received his orders to demand reparation, his majesty learnt, with what surprise it is needless to dwell upon, that the President of the United States had interdicted by proclamation, bearing date the 2d of July, 1807, the entry of all their ports to the whole of his navy; this surprise was certainly increased, when, in the letter delivered by that minister, to require redress for the wrong, although it went into details unconnected with it; not only no concern was expressed on the part
of the United States, at having felt themselves compelled to enact measures of so much injury and indignity towards a friendly power; but no mention was made of the causes of such measures being resorted to, or even of the fact of their having been adopted. In addition to the embarrassment arising from these circumstances, and the insufficiency of the explanations subsequently given to Mr. Canning; the introduction of a subject foreign to that of the complaint, because the main impediment to the success of the discussion which took place in London. When I had the honor to open the negotiation with you, sir, as I had learnt that the President's Proclamation was still in force, it became my duty conformably to my instructions, to require its recall, as a preliminary to farther discussion; had it not been in force, I was not ordered to have taken it into consideration in the adjustment of reparation; and it was considered as hardly possible, that it should not have been recalled, immediately upon the knowledge of his majesty's disavowal of the attack upon the Chesapeake, as an unauthorised act.—But his majesty could not suffer the negotiation to be carried on, on his behalf, under an interdict, which, even if justifiable in the first moment of irritation, cannot be continued after the declaration of his majesty's sentiments upon the transactions, except in a spirit of hostility.
It might have been fairly contended, that in the first instance, the exercise of such an act of power, before reparation was refused or unduly protracted, was incompatible with the purposes and essence of pacific negotiation, and with a demand of redress through that channel; but such have been his majesty's conciliatory views, that this argument has not been insisted on, although it might now be the more forcibly urged, as it appears that the government of the U. S. was from the first sensible that even had hostility been meditated by the British government, it would not have commenced it in such a manner. But the exception taken, is to the enforcement continued up to the present time, of measures highly unfriendly in their tendency, persisted in, not only after the disavowal in question, the promise of the proffer of suitable reparation, and the renewed assurances of his majesty's amicable dispositions, but, after security has been given in a public instrument bearing date the 16th of October, 1807, that the claim to the seizure of the deserters from the national ships of other powers, cannot again be brought forward by his majesty's naval officers, it is unnecessary to dwell upon the injury and indignity to which his majesty's service is exposed, both as touching the freedom and security of correspondence of his agents, and accredited ministers in the U. States, or as resulting from a measure, which in time of war, excludes the whole of his navy from all their ports; which ports are completely open to the fleets of his enemies. It will be sufficient to observe, that even where exemptions from it are granted, they are made subject to such conditions, that of the three last British ships of war, which have entered these ports upon ship business, two of them, his majesty's ship Statira, having on board a minister sent out for the adjustment of the present differences, and a schooner bearing dispatches, in consequence of their inability to procure pilots, were obliged to enter their waters without such assistance, and were exposed to considerable danger. Great-Britain, by the forms established, could repair the wrongs committed, even to the satisfaction of the United States, no otherwise than by the channel of negotiation; yet she avowed distinctly, that a wrong was committed, and that she was ready to make reparation for it; it cannot therefore be contended, that the unavoidable delay of actual reparation, subjected her to the imputation of persisting in an aggression, which was disclaimed from the first; if this is true, however much she will regret any impediment in the adjustment of a difference, in which the feelings of this nation are so materially interested, can she consistently with a due care of her own honor and interests, allow it to be concluded on her part without an adherence to a conduct, which has a decided character of enmity in the proceedings held towards her by the other party.
I know not in what view the perseverance in the President's proclamation, up to this moment, can be considered, but in that of a measure of retaliation; or of self assumed reparation; or a measure intended to compel reparation; unless it be that which, if I rightly understand, you define it to be, a measure of precaution.
If when a wrong is committed, retaliation is instantly resorted to by the injured party, the door to pacific adjustment is closed, and the means of conciliation are precluded. The right to demand reparation is incompatible with the assumption of it. When parties are in a state of mutual hostility, they are so far on a footing, and as such they may treat: But a party disclaiming every unfriendly intention, and giving unequivocal proofs of an amicable disposition, cannot be expected to treat with another whose conduct towards it has the direct effects of actual hostility. If then, the enforcement of the President's proclamation, up to the present moment, is a measure of self assumed reparation, it is directly repugnant to the spirit and fact of amicable negotiation; if it, is a measure to compel reparation, it is equally so; and by the perseverance in it, Great Britain is dispensed with the duty of proffering redress.—But if it is a measure of precaution, in order to secure reparation, or in order to compel it, it falls under the objections I have just stated. If it is a precaution adopted as a guard against acts of violence apprehended on the part of his majesty's naval officers, it surely cannot be considered as being an effectual assurance of his majesty's friendly disposition, which imply a due observance of the rights of nations with which Great Britain is in amity, by all persons holding authority under his majesty's government, from the disavowal of the pretension of the search of national ships; and from the further assurance of that disavowal, given in his majesty's proclamation of the 16th October last: Neither under these concurrent circumstances can the plea of necessity be maintained, and if such proceeding has not the plea of necessity,
it assumes the character of aggression. If these concurrent securities against such an apprehension have any value, the necessity no longer exists; if they are of no value, negotiation cannot be attempted, as the basis upon which it rests, the mutual confidence of the two parties, would be wholly wanting.
From the moment after the unfortunate affair of the Chesapeake, that his majesty's naval commanders, in these waters, had ascertained that they were safe from the effervescences of that popular fury: under which the most glaring outrages were committed, and by which they were very naturally led to the supposition that they were objects of particular hostility, and that a state of war against them, requiring precautions on their part had commenced, no conduct has been imputed to them, which could vindicate the necessity of maintaining in force the President's proclamation.
Since that time such of those officers as have been necessitated by the circumstances of the war to remain in these waters, have held no communication with the shore, except in an instance too trifling to dwell upon, and instantly disavowed by the commanding officer; and they have acquiesced quietly in various privations, highly prejudicial to the service they were upon, and in consequence of an interdict, which had they been regardless of their duties towards a state in amity with their sovereign, and had they not carefully redressed the feelings its tone and language had a direct tendency to provoke in them, would have rather excited, than have averted the evils it was stated to be intended to prevent; were they regardful of these duties, it was unnecessary. Had they felt themselves obligated completely to evacuate the waters of the United States, especially whilst an enemy's squadron was harbored in them, they could have done it; but under the admission of hostile compulsion, and under such compulsion, carried into full effect, his majesty could not have dissembled the extent of the injury received.
In the several cases adduced, in which Great-Britain required certain preliminaries, previously to entering into negotiation, she regulated her conduct by the same principles to which she now adheres, and refused, whilst no hostility was exhibited on her part, to treat with powers, whose proceedings denoted it towards her; and who maintained their right in what they had assumed.
From the considerations thus offered, I trust that neither the order of reason or that of usage are in contradiction to the demand I have urged, nor am I aware how the order of time opposes the revocation in the first instance of that act, which affects injuriously one of the parties and is still avowed by the other.
The subject is thus presented to you, sir, in the light which it was natural that it should offer itself to his majesty's government. It certainly conceived the President's proclamation to rest chiefly, and most materially upon the attack made upon the frigate of the U. States, the Chesapeake, by his majesty's ship, the Leopard, although other topics were adduced as accessaries.
In this apprehension it may be held to have been sufficiently warranted, by the precise time at which, and the circumstances under which it was issued, and by its whole context, and the more so, as the impulse under which it was drawn up, appears to have been so sudden as to have precluded a due examination of all the grounds of allegation contained in it. And here I beg leave to assure you, that with respect to the spirit and tone of that instrument, it would be highly satisfactory to me, if I could feel myself justified in expressing on the part of his majesty and degree of coincidence with the opinions you have announced, or when thus appealed to, and making every allowance for the irritation of the moment, I could dissemble the extreme surprise experienced by Great Britain, that the government of a friendly nation, even before an amicable demand of reparation made, and yet meaning to make that demand, should have issued an edict directing measures of injury very disproportionate to what it knew, was an unauthorized offence, and both in its terms and its purport so injurious to the government to which that demand was to be addressed, & tending to call forth in both nations, the feelings under which a friendly adjustment would be the most difficult. But if, as I learn from you, sir, the proclamation rests substantially on other causes, it is then, peculiarly to be regretted, that, together with the demand for redress made in September last, the government of the U. States did not think fit to offer a negotiation, or an explanation of so momentous a measure, or to declare that its recall must be more or less connected with the adjustment of other alleged wrongs. Neither did it think it necessary to return any answer to return any answer to the remonstrance given in by his majesty's envoy at Washington, on the 13th July, 1807, in which he represented "that he considered that interdict to be so unfriendly in its object, and so injurious in its consequences to his majesty's interests, that he could not refrain from expressing the most sincere regret that it ever should have been issued, and most earnestly deprecating its being enforced."
It could not be supposed that a circumstance of so great weight could be overlooked by his majesty's government, in determining the line of conduct to be held in the negotiation: and as little could it be expected to pass it over, when on the failure of the discussion with Mr. Monroe, it directed a special mission to be sent to the U. States.—It had the less reason to imagine that any other grievances could be connected with that for the adjustment of which I am empowered to negotiate, as Mr. Monroe, in his letter to Mr. Canning of the 29th of July last, had stated with respect to other subjects of remonstrance, that it was improper to mingle them with the present more serious cause of complaint; an opinion to which Mr. Canning declared his perfect assent in his letter to that minister of the 2d of the subsequent month; so that this act was left as single and distinct, to be singly and distinctly considered. His majesty's government, therefore, could not consistently with any view of the subject then before it, or in
deed with the just object of my mission, direct or empower me to enter upon matters not connected with that of the Chesapeake; and they could with the less propriety do it, as in order to render the adjustment of differences of such a nature, the more easy & the more conspicuous, the ministers charged especially with such offices have been with few if any exceptions, restricted to the precise affair to be negotiated. With respect therefore to those other causes of complaint, upon which you inform me that the President's proclamation rests, I cannot be furnished with documents enabling me either to admit or to controvert those statements of grievances, foreign to the attack upon that ship, contained in your letter, or authorised to discuss the matters themselves. I shall therefore not allow myself to offer such comments as my personal knowledge of some of those transactions suggests to me, although their tendency would materially affect both the marked manner in which those transactions are portrayed, and the disadvantageous lights in which his majesty's government is represented to have acted respecting them. I am moreover led to the persuasion that my government will be the more easily able to rescue itself from inculpation, by the inference arising from passages in Mr. Monroe's letter to Mr. Secretary Canning, of the 29th of September last, that the differences unhappily existing between the two nations were in a train of adjustment.
If his majesty has not permitted me to enter into the discussion of the search of neutral merchant ships for British seamen, together with the adjustment of the amount of reparation for the attack upon the Chesapeake; it was no wise with a view of precluding the further agitation of that question at a suitable time; but it was that the negotiation might be relieved from the embarrassment arising from the connection of the present matter with the one so foreign to it, and, as it was but too well known, so difficult to be adjusted, of a right distinctly disclaimed, with one which Great Britain has at all times asserted of enforcing her claim, to the services of her natural born subjects, when found on board merchant vessels of other nations; a claim which she founds in that principle of universal law, which gives to the state the right of requiring the aid and assistance of her native citizens. The recurrence therefore, to that course of negotiation, which had been originally settled between Mr. Secretary Canning & Mr. Monroe, and which had been alone broken in upon by the orders subsequent received by that minister, only can be considered as a resumption of that course of things which Great Britain strenuously contended there was no ground to depart from. I may observe, that this purpose might have been effected without the intervention of a special minister.
It will be in your recollection, sir, that in our first interview, I stated the condition, which makes the subject of the present letter, before I was informed by you, that the President of the United States would consent to the separation of the two subjects.
I had trusted that the exposition, which I added in my letter of the 26th January to the verbal explanation I had before offered, of the grounds of his majesty's demand, was both in its purport, and in the terms in which it was couched, such as to prevent a suspicion that they were in their intention derogatory to the honor, or calculated to wound the just sensibility of this nation. I may add that such a supposition could not be reconciled with the various ostensible and unequivocal demonstrations of his majesty's good faith and anxiety, that this transaction should be brought to an amicable termination, which were exhibited even prior to any remonstrances on the part, or by order of this government. The other topics which I felt myself authorised to advance in that letter, in illustration of that amicable disposition on the part of the king, were brought forward from the conviction I entertained that they must be of a nature to be satisfactory to this government, and therefore, such as it was particularly my duty to enforce; not with a view to, rest upon them the right to advance the claim which I have stated.
I may here remark, it is obvious that far from requiring that the first steps towards an arrangement of reparation should be taken by the United States, Great-Britain has already made them openly and distinctly; they are indubitable testimonies to the respect borne and decidedly marked by Great Britain, to the ties of amity subsisting between the two nations and of her cordial desire to maintain them unimpaired; and as such alone they were urged.
As his majesty would have derived sincere satisfaction from the evidence of corresponding feelings on the part of the United States, so it would be the more painful to me to dwell upon a series of insults and menaces which, without any provocation of warlike preparation, on the part of Great-Britain, have been for months accumulated upon her through the U. States, and but too frequently from quarters, whose authority necessarily and powerfully commanded attention.
I ought, perhaps, to apologize for advertising to an incidental expression in your letter, if I did not think it right to remove any ambiguity respecting the nature of the claim which G. Britain maintained to her seamen, native citizens of the realm, who have deserted from her service to that of other powers; it is, that on demand they shall be discharged forthwith, and consequently they shall instantly be freed from their newly contracted obligations.
Before I close this letter, allow me to state to you, sir, that I have felt it my duty to transmit to his majesty's government, the exposition contained in your letter of the 5th instant, of the various demands on the honor and good faith of Great-Britain, on which the complaint is made, that satisfaction has not been afforded to the United States, and on which conjointly with the affair of the Chesapeake, you inform me that the proclamation of the president of the United States of the 2nd of July, 1807 is founded. It will be for his majesty's government to determine, on the part of Great-Britain, whether any and what obligations remained to be fulfilled by her; Whether any denial of

such protraction of redress have occurred on her part, as to render necessary or justifiable the perseverance in an edict, which, when not necessary or justifiable, assumes a character of aggression; and whether on the result of those considerations, the present negotiation can be resumed on the part of his majesty, with a due regard for his own honor, or with a prospect of a more successful termination.
I have the honor to be, With the highest consideration, sir, Your most obedient and most humble servant, Signed G. H. ROSE.
PAPERS RELATIVE TO FRENCH AFFAIRS.
Extract from a letter to Mr. Monroe from General Armstrong.
PARIS, 7th July, 1807.
SIR, "The accounts you have had of recent captures made by French privateers of American vessels under cover of the decree of Nov. last, are not correct. At least, if such captures have been made, I know nothing of them. The only captures I have at any time heard of, were those made from Porto Ferrajo. They are by no means of recent date, and have all (I believe) been redressed by the council of prizes. Two of these cases, to which I attended personally, received decisions equally favorable and prompt. Interest and damages were given to the plaintiffs, and I know not why decisions, equally favorable, should not have been given in the other cases. I have within a week been informed by Mr. Erving, that he had reason to believe, that a French privateer, then in a port of Spain, had plundered American ships, either going to or coming from England, of dry goods, to the amount of 300 dollars. Before any thing could be done in Spain for the recovery of these goods, the ship went to sea, and professedly for the purpose of returning to the port of her armament. Believing her to have arrived there, I put all the evidence I possessed before M. Decres, who closes his answer with the following assurance:
"Your excellency may be assured that as far as it depends on me, the captains of these vessels or their owners, shall obtain, if there is ground for it, a prompt and full reparation."
"I quote this to show you, that there is no disposition in the ministers of this government to sanction or protect those enterprises upon our commerce. From the uses you may be able to make of the facts, and their relation to your question generally, I subjoin a brief exposition of the construction now given to the November decree. It was, you know, admitted by both ministerial and judicial authorities, that this decree did not infract the provisions of the treaty of 1800, between the United States and France. Still it was contended that vessels (of the U. S.) coming from any port of G. Britain, since the date of the edict, could not be admitted to entry in the ports of France. This rule, without some qualifications, was likely to become mischievous, and I accordingly obtained the following modifications of it, and hope to obtain a further modification, which will render it perfectly harmless. These changes took place as circumstances rose to produce them, for though the necessity for them was both foreseen and represented, it was only upon real, not upon hypothetical cases that the ministers of his majesty were willing to act.
1. Vessels leaving ports of the U. S. before a knowledge of the edict had been promulgated there, are not subject to the rule. 2. Vessels not coming directly from a British to a French port, are not subject to the rule. 3. The cargoes of vessels coming directly from a Brit. to a French port & offered for entry, are subject to the touching of the ship in England, &c. & if the touching be involuntary, or if the ship be seized, until his majesty shall have decided on the sufficiency of the proof offered; or they are at once given up to consignees on their giving security to abide the decision which shall be ultimately taken by the emperor in their respective cases. The vessels can go out freely, and without any impediment of any kind. The former rule, of which this is an amelioration, was, that ships, as well as cargoes coming under the description, should be sequestered, &c. The further alteration which I have asked is, the establishment of some principle which shall regulate the kind & degree of proof required with respect to the alleged application of a force majeure, and my opinion is, that this may best be found in the greater or less correspondence which shall exist between the cargo when shipped in America and when arrived here. If the correspondence be complete, the evidence ought to be considered as complete also, that they were not in Great Britain for the purposes of commerce; and not being there for these purposes, the inference is fair, that their going there at all was involuntary. This is a rule the ministers will consent to; whether his majesty will do so also, will be known in a few days. He is expected here about the beginning of August.
PARIS, September 18, 1807.
I have submitted, sir, to his majesty the emperor and king, the doubts of his excellency the minister of marine and colonies, on the extent of some of the provisions of the imperial decree of the 21st November, 1806, which has declared the British islands in a state of blockade; the following are the intentions of his majesty on the point in question:
1. Can armed vessels, under the imperial decree of the 21st Nov. last, seize in neutral vessels either English property or merchandise proceeding from the manufactures of the English territories?
His majesty notifies me, that since he had not thought proper to express any exception in his decree, there is no ground to make any in the execution, with respect to any thing whatever.
2. His majesty has not decided the question whether French armed vessels may possess themselves of neutral vessels going to or from England, although they have no English merchandise on board.
3. On the question whether French armed vessels are subject to the deduction ordered by the sixth article of the decree of the 21st November, his majesty has declared that the provision of that article was not susceptible of any restriction; that is to say, that the deduction must take effect on the proceeds of all confiscations of merchandise and property, which have been, or may be, pronounced in execution of the decree, without regard to the place of seizure or character of the captors.
You will be so good, sir, as to notify these decisions to the council of prizes, to have them entered in the registers, and to acknowledge the receipt of my letter.
Accept, &c. &c. the Grand Judge, Minister of Justice. (Signed) REGNIER. Procureur General Imperial of the Council of Prizes.
PARIS, Sept. 24, 1807.
SIR, I have this moment learned that a new and extended construction, highly injurious to the commerce of the United States, was about to be given to the imperial decree of the 21st of November last. It is therefore incumbent upon me to ask from your excellency an explanation of his majesty's views in relation to this subject, and particularly whether it be his majesty's intention, in any degree, to infract the obligations of the
treaty now subsisting between the United States and the French empire?
I pray your excellency, &c. &c. (Signed) JOHN ARMSTRONG. His Excellency the minister of Foreign Relations.
FONTAINBLEAU, Oct. 7, 1807.
SIR, You did me the honor on the 24th of September, to request me to send you some explanations as to the execution of the decree of blockade of the British Islands, as to vessels of the United States.
The provisions of all the regulations and treaties relative to a state of blockade, have appeared applicable to the existing circumstances, and it results from the explanations which have been addressed to me by the imperial procureur general of the council of prizes, that his majesty has considered every neutral vessel, going from English ports, with cargoes of English merchandise or English origin, as lawfully seizable by French armed vessels.
The decree of blockade has been now issued eleven months. The principal powers of Europe, far from protesting against its provisions, have adopted them; they have perceived that its execution must be complete, to render it more effectual, and it has seemed easy to reconcile these measures with the observance of treaties, especially at a time when the infractions, by England, of the rights of all maritime powers, render their interposition common, and tend to unite them in support of the same cause.
Accept, &c. &c. (Signed) CHAMPAGNY. H. E. GEN. ARMSTRONG, Min. Plen. of the U. States.
PARIS, Nov. 1807.
SIR, It was not till yesterday that I received from Mr. Skipwith a copy of the decree of the council of prizes, in the case of the Horizon. This is the first unfriendly decision of that body under the decree of the 21st of Nov. 1806. In this case and on the petition of the defendant the court has recommended the restoration of the whole cargo. I did not however think proper to join in asking as a favor, what I believed myself entitled to as a right. I subjoin a copy of my note to the minister of foreign affairs.
And I am, Sir, your most obedient humble servant, (Signed) JOHN ARMSTRONG. MR. MADISON, &c.
PARIS, November 12, 1807.
SIR, The document to which these observations are prefixed, will inform your excellency that an American ship trading under the protection of the laws of nations and of particular treaties, and suffering shipwreck on the coast of France, has recently been seized by his majesty's officers and adjudged by his council of prizes as follows, viz.
"Our council puts at liberty the American vessel, the Horizon, shipwrecked on the 30th of May last, near Morlaix, and consequently orders, that the amount of the sale legally made of the wreck of the said vessel, together with the merchandise of the cargo, which according to an estimate made in presence of the overseers of the administrations of the marine and custom house shall be acknowledged not to proceed either from English manufactures or territory, shall be restored to captain MacClure without deducting any other expenses but those relative to the sale."
"And with regard to the other merchandise of the cargo which, from the result of the said estimate, shall be acknowledged to come from manufactures or from English territory by virtue of the 5th article of the decree of the 21st Nov. 1806, they shall be confiscated for the use of the state, the whole to be sold by the forms prescribed in the regulations; and the application of the product to be made in conformity to the arrangements of the said decree, deduction being made for the expense of saving the goods, and that of the support of the crew, until the day that the captain shall receive the notification of the present decision."
The reasons upon which this decision is founded, are at once so new and so alarming to the present friendly relations of the two powers, that I cannot but discuss them with a freedom in some degree proportioned to my sense of their novelty and importance.
"Considering" says the council—"That the neutrality of the ship and cargo were sufficiently established, the whole ought to be restored, (agreeably to the provisions of the convention of 30th of Sept. 1800) provided no merchandise of English origin had been found in her, and of course that she had not been brought within the limits of the imperial decree of the 21st of November, 1806."
Here is an open and unqualified admission that the ship was found within the rules prescribed by the convention of 1800, that according to these rules, her cargo and herself ought to have been restored, and that such would have been the fact but for the operation of the decree of the 21st of Nov. 1806.
In the letter your excellency did me the honor to write to me on the 7th of October last, you thought it "easy to reconcile the obligations of this decree with the preservation of those arising from treaties." It was not for me to examine the means by which this reconciliation was to be effected. They no doubt fully existed, and yet exist, in his majesty's good pleasure, and taking for granted this fact, I saw in the opinion nothing but proofs of a friendly disposition, and pledges that this was not to be either wantonly destroyed or diminished. How inauspicious however to its authority and the consolation derived from it, is this recent act of the council of prizes! An act, which explicitly acting in the opposite characters and conflicting injunctions of these two instruments, and which of course draws after it considerations the most serious to the government of the United States.
The 2d reason of the council is "that the decree declaring British merchandise good prize, had principally in view captures made on the wrecked goods, but that the question whether shipwrecked goods ought to be restored or confiscated, had always been judged under the 14th article of the regulation of the 26th of July, 1778. And according to their character (that might have rendered lawful, or have even commanded their seizure at sea) there is no room to introduce in this case any new distinction which, however philanthropic, it may appear, has not as yet been adopted as a rule by any maritime nation."
The doctrine resisted in this passage, & which inculcates the duty of extending protection to the unfortunate, is not new to his majesty's council of prizes. They have themselves consecrated it by their decision of the 5th of March 1800. By that decision they restored an enemy's ship on the single ground, that she had been compelled to enter a French port by stress of weather. "I should equally fail," says the attorney general, "in respect to myself and the council before whom I have the honor to represent the government, were I not to maintain a principle consecrated by our laws and by those of all nations. In all circumstances, let the loyalty of the French government serve as a basis of your decisions. Prove your selves at once generous and just; your enemies will know and respect your magnanimity." Such was the principle adopted by the council in the year 1800, and in the case of an enemy's ship, yet we are now told, that this very principle, so honorable to the court, to the nation and to human nature, is utterly unknown to all maritime people. And on what occasion do we hear this? When an enemy's ship is again thrown on the French coast? No—it has been reserved for the wreck of a neutral and friendly vessel! For a ship of the United States! It is not denied, sir, that had this ship been
ped the rocks and made the port of Morlaix, she only inhospitality to which she would have been exposed, (under the most rigorous interpretation of the law in question,) would have been that of being ordered again to sea. Has then the misfortune of shipwreck so far altered her condition, as to expose her to the injury of confiscation also? And is this among the principles which the defender of maritime rights means to consecrate by his power and his wisdom? It is impossible.
The 3d reason of the council is, "that the application of the fifth article aforesaid, in as far as it concerns the Americans and other nations, is the result both of the general expressions of that very article, and of the communication recently made by his excellency the grand judge, concerning the primitive intention of the sovereign, that the expedition in question, having certainly been undertaken with full knowledge of the said decree, no objection can be drawn with any propriety from the general rules for bidding a retrospective action, nor in this particular case, from the posterior date of the act in which the sovereign decides the question, since that act sprung from his supreme wisdom, not as an interpretation of a doubtful point, but as a declaration of an anterior and positive disposition."
A distinction is here attempted to be taken between the interpretation of a doubtful point, and the declaration of an anterior and positive rule. This distinction cannot be maintained; for if the rule had been positive, there would have been no occasion for the declaration; neither the minister of marine nor the council of prizes could have had any doubts on the subject; the execution of the decree would have been prompt and peremptory; nor would a second act on the part of his majesty, after the lapse of 12 months, have been necessary to give operation to the first. Need I appeal to your excellency's memory for the facts on which these remarks turn? You know that doubts did exist—you know that there was under them, even much hesitation in pronouncing—you know that as late as the 9th of August, I sought an explanation of the decree in question, and that even then your excellency (who was surely a competent and legitimate organ of his majesty) did not think yourself prepared to give it—the conclusion is inevitable—his majesty's answer transmitted to the court of Paris, on the 18th of September following, through the medium of the grand judge, was in the nature of an INTERPRETATION, and being so, could not without possessing an retroactive quality apply to events many months anterior in date to itself.
The 4th reason of the council, and the last which enters into my present view of the subject, is, "that though one of the principal agents of his majesty had given a contrary opinion, of which the council HAD AT NO PERIOD PARTAKEN, this opinion being that of an INDIVIDUAL, could not (whatever consideration its author may merit,) balance the formal declaration given in the name of his majesty himself—and that if the communication of this opinion, had as it alleged, given room to, and served as a basis for, many American shipments, and particularly of the one in question; this circumstance, which may call for the indulgence of his majesty, in a case in which the confiscation is entirely to the advantage of the state, does not prevent a council, rigid in its duty, to pronounce in conformity to the decree of the 21st Nov. and of the declaration which followed it."
It would appear from the paragraph, that notwithstanding it easy to untie the knot, the council had determined to cut it. Pressed by the fact, that an interpretation of the decree had been given by a MINISTER OF HIS MAJESTY, SPECIALLY CHARGED with its execution, they would now escape from this fact, and from the conclusion to which it evidently leads, by alleging—
1st. That AT NO TIME has the council partaken of the opinion given by the minister; and 2nd. That the opinion being that of an INDIVIDUAL, could not possess either the force or the authority of one truly ministerial.
It appears to me, as I think it will to your excellency, that the council have in these statements, been less correct than is usual to them on similar occasions, if, as they now assert, they have never partaken of the minister's opinion. If they have never even hesitated on the question, whether the decree of November did, or did not, derogate from the treaty of 1800: Why, I ask, suspend the American cases generally? or why decide as they did in the case of the Hibernia? If I mistake not, we find in this case, the negotiation of the very principle laid down by the minister of marine. That officer says "in my opinion the November decree does not work any change in the rules at present observed with respect to neutral commerce, and consequently none in the convention of the 8th Vendem. year 9 o " and what says the council? "Admitting that this part of the cargo (the rum and ginger) was of British origin, the dispositions of the November decree, which contain nothing with regard to their own influence over the convention of the 8th Vendem. year 9 o , evidently cannot be applied to a ship leaving America on the 6th of the same month of November, and of course cannot have authorised her capture in the moment she was entering the neutral port of her destination."
We have here three distinct grounds of exemption from the effects of the November decree.
1st. The entire silence of that decree with regard to its own influence over the convention of 1800. 2d. The early period at which the ship left the United States, and 3d. The neutral character of the port to which she was destined. If such, sir, were the principles admitted by the council of the 23th of March last, with what correctness can it be now said, "that at no period have they partaken of the opinion of the minister?"
The 2d fact asserted by the council is, that the interpretation of the decree in question given on the 24th of December, 1806, was private, not public, or in other words, that it was the interpretation of the man, not that of the minister—and as such cannot outweigh the more recent declaration coming immediately from his majesty himself.
On the comparative weight of these declarations I shall say nothing, nor shall I do more to repel the first part of the insinuation, (that the minister's declaration was that only of the individual,) than to submit to your excellency my letter of the 20th of December, 1806, claiming from the minister an official interpretation of the decree in question, and his answer of the 24th of the same month, giving to me the interpretation demanded.
To your excellency, who as late as the 21st of August last, considered the minister of marine as the natural organ of his majesty's will, in whatever regarded the decree aforesaid, and who actually applied to him for information relating to this allegation of the council of prizes, and the reasoning founded upon it, cannot but appear very extraordinary, and will justify me in requesting that his majesty may be moved to set aside the decision in question. I beg, &c. &c.
His Excellency The Minister of Foreign Relations.
PARIS, August 9th, 1807.
SIR, Your Excellency is not unacquainted that soon after the promulgation of the Imperial Decree of the 21st of November last, one of similar character and injunction was issued by the Prince of Peace, in behalf of H. C. M. Under this order neutral vessels belonging to the citizens of the United States have been captured on the high seas, brought into the ports of Spain, and are now before the court of admiralty for examination. To this brief statement I subjoin an extract from a letter of the 27th ult. from the Charge des Affaires of the United States at Madrid, which will show your excellency that the fate of these ves-
sels will depend not on the construction which might be given to the Spanish decree by the Spanish tribunals, but on the practice which shall have been established by France, under her decree of November last; and that Prince Massena has accordingly been directed to ask from your excellency such exposition of that decree, and of the practice under it, as shall regulate, on this head, the conduct of Spanish courts and cruisers towards neutral commerce in general. Assured as I feel myself, that this exposition whenever given, will not be less friendly, and liberal than that already found in the decisions of his Imperial Majesty's council of prizes and correspondence of his minister of marine, viz. that the provisions of the decree in question do not infract any of the rights of commerce stipulated by treaty between France and the United States, it is incumbent on me to pray your excellency that it [the exposition required] be given as expeditiously as possible, to the end that the legitimate commerce of the United States be relieved from all further annoyance, growing out of the doubtful meaning and operation of the Spanish decree aforesaid.
Your excellency will permit me to avail myself of this occasion, to recall to your attention the subject of my letter of the 26th of June last. I learn from Answer that the cargoes mentioned in that letter are yet under sequestration, and that considerable loss, as well by diminution of price in the articles, as by accumulation of interest and charges, has been already incurred.
Your Excellency will do me the honor to accept the assurances of my profound respect, (Signed) JOHN ARMSTRONG. His Excellency The Prince of Benevento.
Letter from the minister of Foreign Relations, of the 21st of August, 1807, referred to in the preceding page.
SIR, I have received the letter which you did me the honor of addressing me on the 9th of this month, relative to American vessels carried into ports of Spain, in consequence of the measures taken by that power against the English commerce in imitation of France.
As the execution of the maritime measures indicated by the imperial decree of the 21st of November, 1806, rests naturally with his excellency, the minister of marine, and that moreover he has already had the honor of addressing you some first observations on the application of that decree, I transmitted without delay, your letter, and asked from him the new explanations, which you might desire. When they shall have been forwarded to me, I will have the honor of informing you of them.
Accept the assurances of my high consideration.
(Signed) CHAMPAGNY. H. E. GEN. Armstrong. [Here follows the Milan Decree.]
WASHINGTON, April 4.
IMPORTANT COMMUNICATIONS.
SENATE, April 2, 1808.
The following message was received from the President.
To the Senate and House of Representatives of the United States.
Believing that the confidence and union of our fellow-citizens, at the present crisis, will be still further confirmed by the publication of the letter of Mr. Champagny to Gen. Armstrong, and that of Mr. Erskine to the Secretary of State, communicated with my message of the 30th ult. and therefore that it may be useful to except them from the confidential character of the other documents accompanying that message, I leave to the consideration of Congress the expediency of making them public.
TH: JEFFERSON.
April 2, 1808.
On motion of Mr. Giles the following letters were ordered to be printed:
Washington, February 23d, 1808.
SIR, I have the honor to transmit to you the copies of certain orders of Council which his majesty has thought proper to issue in consequence of the hostile conduct of France towards the navigation and commerce of Great-Britain and of neutral states.
His majesty has been induced hitherto to forbear recurring to measures of this nature by the expectation that the governments of the neutral states, who have been objects of the French Decrees, would have been awakened to a just sense of what they owe to their interests and own rights, and would have interposed with effect, either to prevent the execution of the French decrees, or to procure their abrogation.
But his Majesty having been disappointed in this just expectation, and perceiving that the neutral nations, so far from opposing any effectual resistance, have submitted to whatever regulations France may have prescribed for giving effect to her decrees, can no longer refrain from having recourse to such measures as by retorting on the enemy the inconveniences and evils produced by his injustice and violence, may afford the only remaining chance of putting an end to a system, the perseverance in which is not more injurious to his majesty's dominions than to nations not parties to the war between Great-Britain and France.
The principle, upon which his majesty finds himself compelled to proceed, would justify a complete and unqualified retaliation on his part of the system announced and acted upon by France, in respect to his majesty's dominions: & his majesty might, therefore, have declared in a state of rigorous & unmitigated blockade, all the coasts and colonies of France and her allies. Such a measure, the maritime power of Great-Britain would have enabled his majesty to enforce: nor would those nations, which have acquiesced, without effectual remonstrance, in the French decree of blockade, have derived any right from the perfect execution of a corresponding determination on the part of his majesty, to complain of his majesty's enforcing that measure, which the enemy has executed imperfectly, only from the want of the means of execution.
His majesty however actuated by the same sentiments of moderation by which his majesty's conduct has been uniformly governed, has been desirous of alleviating, as much as possible, the inconveniences necessarily brought upon neutral nations by a state of things so unfavorable to the commercial intercourse of the world; and has therefore anxiously considered what modifications it would be practicable to apply to the principle upon which he is compelled to act, which would not, at the same time that they might afford relief from the pressure of that principle upon neutral or friendly nations, impede or enfeeble its operation upon the enemy.
In pursuance of this desire, the order in council, which, if it had ended with the sixth paragraph, would have been no more than a strict and justifiable retaliation for the French decree of November 1806, proceeds, as you will observe, sir, to provide many material exceptions, which are calculated to qualify the operation of the order upon neutral nations in general, but which must be
considered as most peculiarly favorable to the particular interests of the U. States.
It will not escape you, sir, that by this order in council, thus modified and regulated, the direct intercourse of the United States with the colonies of the enemy is unrestrained; an indulgence which when it is considered as (as it really is) not only a mitigation of that principle of just reprisal upon which the order itself is framed, but a deviation in favor of the United States, from that ancient and established principle of maritime law, by which the intercourse with the colonies of an enemy in time of war is limited to the extent which that enemy was accustomed in time of peace to prescribe for it, and which by reference to the conduct of France in a time of peace, would amount to a complete interdiction, cannot fail to afford to the American government a proof of the amicable disposition of his majesty towards the United States.
You will observe, sir, also that the transportation of the colonial produce of the enemy from the U. States to Europe, instead of being altogether prohibited (which would have been the natural retaliation for the rigorous and universal prohibition of British produce and manufactures by France) is freely permitted to the ports of G. Britain, with the power of subsequently exporting it to any part of Europe, under certain regulations.
The object of these regulations will be the establishment of such a protecting duty, as shall prevent the enemy from obtaining the produce of his own colonies at a cheaper rate than that of the colonies of G. Britain. In this duty it is evident that America is no otherwise concerned than as being to make an advance to that amount for which it is in her own power amply to indemnify herself at the expense of the foreign consumer.
Another most important relaxation of the principles upon which his majesty's orders proceed, is that which licenses the importation of all flour and meal, and all grains, tobacco and other articles, the produce of the soil of America with the exception of cotton, into those of his majesty's dominions, without those of his enemies, without the payment of any duty on the transit. This is, I beg leave to observe, an instance in which his majesty has deprived himself of its most efficacious and hurtful operation against the enemy, through motives of consideration for the interests of America. The reason why his majesty could not feel himself at liberty, consistent with what was necessary for the execution of his purpose, in any tolerable degree, to allow this relaxation to apply to cotton, is to be found in the great extent to which France has pushed the manufacture of that article, and the consequent embarrassment upon her trade which a heavy impost upon cotton, as it passes through Great Britain to France, must necessarily produce.
I cannot refrain from calling the attention of the government of the U. States to the contrast between the different modes in which his majesty's orders and those of France are carried into execution. By his majesty's, the utmost consideration is manifested for the interests of those nations whose commerce he is reluctantly compelled to impede, and ample time allowed for their becoming acquainted with the new regulations and conforming to them.—Whereas France, without any previous notice, and without any interval, applies her orders to trade already entered upon in ignorance of any such orders, and subjects to condemnation ships, whose voyages, when commenced, were in strict conformity to all the regulations at that time promulgated by France.
Even with these and other modifications, his majesty is not unaware that a measure extended from him by the injustice of the enemy, must inevitably produce inconveniences to the neutral parties who are effected by its operation.
The right of his majesty to resort to retaliation cannot be questioned. The suffering occasioned to neutral parties is incidental, and not of his majesty's seeking.
In the exercise of this undoubted right his majesty has studiously endeavored to avoid aggravating unnecessarily the inconveniences suffered by the neutral. And I am commanded by his majesty, especially, to represent to the government of the United States, the earnest desire of his majesty, to see the commerce of the world restored once more to that freedom which is necessary for its prosperity; and his readiness to abandon the system which has been forced upon him whenever the enemy shall retract the principles which have rendered it necessary; but his majesty entertains the conviction, upon which alone his present measures are founded, that it would be vain to hope for such a retraction, until the enemy shall himself have been made to feel a portion of the evils which he has endeavored to inflict upon others.
I have the honor to be, with great consideration and respect, sir, your most obedient humble servant.
D. M. ERSKINE. Hon. James Madison, Sec'y of State.
Translation of a letter from Mr. Champagny, to General Armstrong, dated,
PARIS, Jan. 15th, 1808.
SIR,—The different notes which you have done me the honor to address to me, have been laid before his majesty.
The proceedings of England, towards all governments, are so contrary to the law of nations and to all the rules constantly observed, even among enemies, that no recourse against this power, is any longer to be found in the ordinary means of repression. In order to annoy her, it is become necessary to turn against her the arms which she makes use of herself—and if transient inconveniences result therefrom, it is to her alone they are to be imputed. Since England respects no laws, how could they be respected with regard to her? The maritime laws which she violated; ought they still to be a protection to her? and if some powers tolerate the infractions committed on their independence, could they have the right to require that France alone should restrain herself within limits which her enemy has every where overleaped?
The United States, more than any other power, have to complain of the aggressions of England—It has not been enough for her to offend against the independence of their flag, nay, against that of their territory, and of their inhabitants, by attacking them even in their ports, by forcibly carrying away their crews; their decrees of the 11th of November, have made a fresh attack on their commerce and on their navigation, as they have done on those of all other powers.
In the situation in which England has placed the continent, especially since her decrees of the 11th of November, his majesty has no doubt of a declaration of war against her by the U. States: whatever transient sacrifices war may occasion, they will not believe it consistent either with their in-

terest or dignity, to acknowledge the... The Senate on Friday and Saturday heard... IN THE CASE OF JOHN SMITH.
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POLITICAL.
FROM BELL'S WEEKLY MESSENGER.
AMERICAN EMBARGO.
The last papers from America communicate the intelligence of a strong measure, which in the present crisis of their affairs the United States have deemed it prudent to adopt.
It is an embargo upon their shipping; an interdiction of all foreign trade whatever; it is a suspension of the exercise of those maritime rights which they were determined not to surrender, and did not choose to contest. It is a dignified retirement from the commerce of foreign nations, at a period when the two great powers of the world have scarcely any other object of contention left; When to prevent trade on the part of the one, and to force it into the prohibited channels on the part of the other, is almost the sole remaining motive which nourishes the flame of war in Europe.
To prevent kindling from the common blaze and that necessary injury from the struggle which an unavoidable inclination to one party or the other must have produced, America has pursued a conduct of sound wisdom, and true political virtue.
As trade is the object of the quarrel, she has resigned the prize to the combatants. She has withdrawn her claims from the list, and retreated to the tranquil station of a spectator.
This was the only middle point left her between peace and war.
The embargo is hostile to no other power, because the measure is founded upon those just rights of controul which, in national exigencies, every government has a right to exercise over its own subjects; and because, if it be hostile to any party, it is hostile to the American merchants themselves.
It is a measure of peace and precaution. It is impartial because it is universal; it is just because its direct operation is upon those alone, whose rights as subjects of America, the supreme power, of the state, has a power to modify, to suspend or to abridge.
As there are no exceptions in favour of any people, there can be no just cause of suspicion on the part of any; England, France and Spain, are upon the same footing of common exclusion; or rather indeed, the American merchant is precluded from trading with any or either.
We thus see that America has resolved not to be caught in hostilities; and as she has found what is ordinarily called neutrality impossible, she has resorted to the defensive system with equal dignity and prudence; she has withdrawn, from Europe, and fallen back upon her own resources. In the common phrase, she is at length resolved to keep herself to herself. She sets the first example of living without Europe; and it now remains for Europe to try how she can live without America.
With respect to the Islands of France, Spain and the other powers in the Atlantic, which we call the West India Islands, there is no alternative with respect to them but the following: they must starve, or surrender without a siege to Great Britain. As we possess the sea, their mother countries cannot supply them with that food which they are unable to raise for themselves; and America from the operation of her embargo, will not supply them.
What then is to become of them?—They must either be the prey of famine or the spoil of G. Britain. But is it to our advantage to conquer them? Certainly not—We cannot feed so many additional mouths as St. Domingo alone contains without diminishing our own necessary stock of subsistence; moreover, we must now supply our own colonies with provisions. Smithfield, Leadenhall, and Marklane, will now swarm with new contractors for Barbadoes, Jamaica, & Antigua; we shall have to feed a black population in our several islands exceeding one million; and a white population of a hundred and fifty thousand!
Can the nation support this long? Are our crops so very abundant, and our harvests so regularly exuberant, that we can afford an increased consumption of a million and a half; that we can feed, in addition to our own people, half as many mouths as all Ireland contains?
Here is the danger; here is the real pressure; the loss or suspension of our commerce is a mere subordinate evil to this. If a year of scarcity should again overtake us, which Providence in its mercy avert, how would the people of Great Britain endure to see their markets stripped, and their provisions shipped away for the West Indies?
We are indeed supporting the islands at an extravagant expense, if we must exchange our corn or cattle for their sugar cane and molasses.
We have seen how America values her trade, and how false, notoriously false, have been all our estimates of those feelings and prejudices which, as operating so extensively upon us, we had conceived to operate as generally upon her.
And as here we cannot help reverting to an article which our readers will find in the Weekly Messenger of January 17th.—It was written of course, many days before the intelligence of the Embargo was received; but it will be found to be a complete anticipation of that line of policy which America was likely to pursue—a true description of her natural feelings, and an impartial estimate of her political wisdom.
Our only wish is, that this article may have a tendency to encourage that spirit of conciliation which, in the present state of things should be cherished at any hazard. We have no desire but to see harmony restored between the two countries; and an union of interests, and alliance of friendship, would not only check the present storm with which we are threatened, but have a greater tendency than any other possible measure, to the level of our towering enemy, and preserve the Capitoli immobile saxum of the British Constitution.
We extract this article as it appeared, because we are convinced the sentiments it contains cannot be too deliberately weighed by the considerate and prudent. We pronounce with confidence that it contains points which it is impossible to confute.
NEW-YORK, March 31.
The ship Charleston Packet , Chase, arrived yesterday in 35 days from Algiers. Captain Chase informs, that the Rochefort squadron passed up the Straits of Gibraltar on the 28th January. Other accounts say that it had arrived safe at Toulon.
A Gibraltar paper of the 15th ult.—mentions, that the Rochefort squadron are de-
scribed as being wretchedly manned with respect to seamen, with the exception of two seventy-fours, which appeared to be very well handled, and were completely filled with troops. An American who had arrived at Gibraltar had fallen in with the squadron.
THE ROCHEFORT SQUADRON
   IS COMPOSED OF THE 120 Guns.     Majestique 120   Ajax 80   Lys 74   Suffrein 74   Magnanime 74   Jamappe 74   Flora 24   Surveillant Brig  
On the 10th ult. Rear Admiral Sir Richard Strachan and the under-mentioned ships composing his squadron, appeared at the mouth of the Straits, and passed up with a strong breeze at W. N. W.— Cesar , 80 guns, Sir R. Strachan, Capt. Richardson; Superb , 74, capt. M c Leod; Cumberland , 74, Hon. capt. Woodhouse; Spartiate , 74, Sir Francis Laforey; Warrior , 74, capt. Spranger; Renown , 74, Capt. Alexander; Colossus , 74, capt. Morris; and the Lavina frigate, capt. Hancock.
Extract of a letter from Leghorn, dated January 20, received by a Merchant in New-York.
"An embargo was laid in Leghorn on the last of January, on all vessels, excepting French. The ship Grace , of Boston, is captured and carried into P. Ferrajo; schooner Hope , of Philadelphia, do. and carried into the Gulph of Spain; and brig Eliza , from Boston, boarded and captured in Leghorn roads, after coming to anchor, by French privateers. These vessels were not boarded by any British cruiser on their passage."
MEDITATED ATTACK UPON GIBRALTAR.
Captain Chase of the ship Charleston Packet , who arrived this forenoon, in 28 days from Algiers, informs that a French army was hourly expected to arrive at Gibraltar, of 100,000 men, with Bonaparte in person at their head, to lay siege to the Rock.
FROM GIBRALTAR.
The following account received by the master of an American ship from New-York to Marseilles, which arrived yesterday, may serve to spare us a multiplicity of conjectures.
On the 27th ult. in lat. 37, O. long. 10, 30, 30, he fell in with a French squadron consisting of one three-decker, four seventy-fours, a heavy frigate and a brig. From the frigate he learnt, that, taking the advantage of the late gale which had blown our cruisers off the coast, they had effected their escape from Rochefort on the 22d, and on doubling Cape Finisterre had steered to the southward in the long. 11, O, to avoid our look-out frigates. After examining the American ship, they continued a southern course until they reached the lat. of 35, O, when they hauled to the eastward and fell in with the coast of Barbary about 10 or 12 leagues to the southward of cape Spartel; on the 28th, they lay to till sun-set; about 6 it came on to blow very heavy at S. W. with rain, when they entered the gut under double-reefed top-sails, and were abreast of Ceuta about 12 that night, where the American lost sight of them in a squall. This vessel was bound to Marseilles; but falling in with the Hydra off Cartagenas, was ordered to return to this port, in conformity with his majesty's late orders in council: as the Hydra had not seen the enemy's squadron, we think it probable they have passed to eastward on the Barbary coast.
ST. SEBASTIAN, Jan. 11.
The Emperor is daily expected at Bayonne, where guards of honor have been formed, composed of 40 young men on horseback, 100 on foot with showy uniforms, and 50 Basques in their national dress. Neither the object of the French army, nor the day of the Emperor's arrival are known; but we shall shortly hear something positive.
Return of the French troops which have entered or are to enter Spain, through Irun, from the 19th of Oct. 1807, to the 18th of January, 1808.
   Armies Generals Men Horses.     First Junot, 29,879 3,653   Second Dupont, 23,927 3,121   Third Moncey, 17,983 3,330   Total 10,104  
Marshal Moncey's army is to be 30,000 men strong, with the reserve under general Mounton at St. Jean Pie de Port.
Extract of a letter received by a gentleman in this city from a correspondent at St. Sebastian, dated Feb. 22.
"At the present moment great consternation prevails in this province from the circumstance of the French having taken possession of the fortifications of Figueras, a principal key to Spain and to the citadel of Pampelune. Here the Spaniards cry aloud for vengeance."
"The Courier of this morning brings the news that the King of Spain has consented to their taking possession of the citadel of Pampelune; and it is said also that the French troops are at Bartelona."
The British Government, without intending, is about to render America a most important service, a duty of 9 pence a pound on raw cotton, and of two and six pence a bushel on salt, it appear, was proposed to be levied, at the period of the last advices. As we have abundant salt springs in the back country—New York state—in Erie county, Pennsylvania—in Kentucky and Tennessee; these English duties, by securing to us our own market against foreign competition, will at the same time encourage the manufacture of our own salt, and the spirit for improving roads will give us this great natural store from the heart of our own soil, and carry thro' the avenues of an extensive society, the active circulation of our own capital, enrich our own industry and add to our resources and our good fortune, which in this and so many instances, has been promoted by the infatuation of our enemies. The spinning of our own cotton has already commenced upon a liberal scale in domestic life, the citizens of the interior, whose eyes and ears have not been closed against the admission of truth and timely warnings, have in various parts of the country begun to provide against the rainy day; and in the county of Dauphin in this state the labor saving cotton spinning machinery has been put into activity with so much success as to encourage many others. An intelligent gentleman, who has opportunities of knowing, states that in Lancaster county the buxom Dutch girls have already begun to spin cotton at their leisure hours from their duties; and that it has become a fashion among the farmers in that and the adjoining counties to keep the spinning wheel going. The same gentleman had a piece of as fine linen, of 80 yards, as ever came from an Irish loom, manufactured from the flax spun by the young ladies in his family during the winter.
In the industrious state of Jersey, domestic
manufactures are more in use for apparel of every kind than was ever known.
In a very short time the American people will find it to be their interest and their duty to determine to wear domestic manufactures altogether—perhaps it is too soon at present but the time cannot be very long when it will be indispensable.
A premium is about to be offered for the best piece of woollen cloth of American manufacture to be produced at a given time at the domestic manufacturer's warehouse—we expect to see the premium advertised in a few days.
NEW-YORK, March 28.
A bill passed the Senate and Assembly of this state, and has been transmitted to the Council of Revision, appointing Commissioners, consisting of the Governor, mayor of this city, &c. ceding whatever soil, water, and jurisdiction may be necessary for the protection of the Harbour of New-York—This bill will no doubt become a law. By the general government contracts have been entered into and arrangements made for placing this city in a complete state of defence. In all that relates to the safety of our emporium the President has been provident—The contractors are gentlemen of honor and integrity, and the contracts necessary for our defence, are already made, and will be speedily executed. Blocks will be sunk, chains are forging, width sufficient for the great volume of the Hudson is designated, and we have already a covering force adequate to an emergency. We have no idea that John Bull will approach us, for it is not his interest to do so, but if, giving vent to his furious passions, he is determined to pay us a visit, he must take care of his horns.
(Am. Cit.)
FAIRFIELD RACES.
THE FAIRFIELD RACES will commence on the 2d day of May, and continue four days.
1st DAY—The Fairfield Jockey Club Cup, value thirty guineas, free for all ages, the horses being bona fide the property of a member of the Club—Distance two mile heats.
2d DAY—The Jockey Club Purse of $ 500—four mile heats.
3d DAY—The Proprietor's Purse of $ 250—three mile heats.
4th DAY—The Annual Sweep Stake, five subscribers, $ 100, free for all ages—three mile heats.
Weights as follows:—Aged horses 133 lbs. 6 years old 128, 5 do. 118, 4 do. 106, 3 do. 90; mares and geldings allowed 3 lbs.
The Fairfield Course will be in elegant order. The subscriber has, at considerable expence, erected a handsome two story dining house and judges stand, communicating with each other, on a plan which cannot fail to give satisfaction.
The dining house and booths in the field are to be rented. The Treasurer thinks it unnecessary to remind the members of paying up their back arrearages, as so little attention has been paid to former notices of this kind.
E. SMOCK, Treasurer & Proprietor. He has for sale, two thorough bred Brood MARES—One with an elegant colt by her side, by the famous imported Horse Arch Duke—the other heavy in foal by the celebrated Horse Florizel. The blood of those Mares are equal to any in the state—they may be had low for cash or on a short credit.
April 1. [lawtr]
FOR SALE, 121,000 acres of LAND in Kennebec county, in the forks of Great Sandy river;
24,000 do. in Tazewell county, on the waters of Clinch river;
20,000 do. in the county of Wythe, on Reed and Peak creeks;
1,000 do. in Randolph county, on the waters of Cheat river;
Also, 50,000 acres of Virginia Land Warrants. The above will be sold very low, and great accommodation given in the payments.
To RENT, a Brick House, on Shockoe-Hill, in a good neighborhood, and possessing every accommodation for a family.
THOS: NORVELL. Dec. 19. tf.
THE SCOTTSVILLE RACES will commence on the 3d Thursday in April—The 1st day's Purse is about £ 100—The 2d day, (Proprietor's Purse) £ 50—The 3d day, an elegant Saddle, Bridle, Martingale and Collar, will be run for.
   WEIGHTS AS FOLLOWS:     Aged Horses 133 lbs.   Six years 128 do.   Five years 108   Four years 106 lbs.   Three years, do. 90   Mares and geldings allowed 3 lbs.  
WM. ARCHER, Sec'y. March 25. [6t]
RICHMOND TURNPIKE COMPANY—At a meeting of the directors of the said company on Tuesday the 16th February, 1808.
Resolved, That a call of five dollars on each share be made on the Stock holders in the said company, and that they pay the same to their Treasurer on or before the fifteenth of April next.
A copy. N. SHEPPARD, Clerk.
The stock holders must not expect me to call on them for the money, as the law does not require it, nor does the duty which I have undertaken to perform for the company, impose it on me.
N. SHEPPARD. February 19. [tf]
[Further of this day's proceeding in our next.]
THE CAROLINE JOCKEY CLUB RACES will commence at the Union Tavern on the 20th April next.
1st DAY—A play or pay post Sweepstakes for 3 years old Colts & Fillies, 6 subscribers at $ 30 each.
2d DAY—The Jockey Club Purse—There are 52 subscribers at $ 5 each; the necessary expenses attending the races will be drawn from this purse—distance 3 mile heats.
3d DAY—The subscription of the Proprietor of the Course of 30 dollars, with the toll of that, and the preceding day's entrance, 10 dollars each, 2 mile heats.
Weights agreeably to the Rappahannock Jockey Club.
PHILIP SAMUEL, Sec'y. Caroline, March 25. [120thA]
THE TAPPANHANNOCK RACES will commence on Wednesday the 25th of May, 1808.
1st DAY—The Jockey Club Purse of four hundred dollars, four mile heats.
2d DAY—The Jockey Club Purse of three hundred dollars, three mile heats.
3d DAY—A Sweepstakes for three years old Colts and Fillies, two mile heats, one hundred dollars entrance; the subscription will remain open until the 25th May.
Weights as follows:—Aged horses 130 lbs. 6 years old 120 lbs. 5 do. 110 lbs. 4 do. 100 lbs. 3 do. 90 lbs. under three years, a feather. Mares and Geldings allowed 3 lbs.
In consequence of the following resolution of the Club, there is no doubt the members will be punctilious in paying their subscription, as the money on each day will be placed in the hands of the Judges.
Resolved, That the Secretary shall have the Rules of the Club printed and furnish each member with a copy, and that a list of the members shall be handed in to the Club on the first day of each race, to be read in the dining room, stating who has and who has not paid their subscription.
ARTHUR S. BROCKENBROUGH, Secretary and Treasurer. March 25. [ept25thM]
RICHMOND TILE MANUFACTORY—The subscriber having procured the exclusive right to manufacture in this and several other states Harwood's much improved Patent Tile for covering houses, and at considerable expense erected the necessary buildings, &c. for carrying on that useful business extensively, now offers to supply, at a short notice, any quantity that may be required, at the moderate price of thirty-five dollars per thousand, delivered at his Factory.
He can with confidence, founded on actual experiment, in the covering of about 20 houses in this city, assert, that houses can be covered with this tile as cheap in the first instance, as with shingles of the first quality, and when the security against fire, the difference of insurance, the durability and particular construction of those tile to resist the most penetrating rains and snows are considered, he cannot doubt of meeting with considerable encouragement. It requires only the examination of a well covered roof to convince the most prejudiced mind of their superiority to any other tile heretofore made, or to the best of slate, and will cost less than the latter, after paying the expense of water carriage to almost any part of this continent.
Particular attention will be paid to orders from other towns, and in all cases where they are shipped, he will deliver them whole and sound, along side the vessels, at the expense of cartage only to the purchasers. Any person skilled in the art of tiling, will put on those tile with great facility, but where they cannot be procured, he can engage a few here who have had some experience, and will go a moderate distance, if the job is of sufficient magnitude and their travelling expenses paid.
BENJAMIN DUVAL. Richmond, March 22. [ept2w&1awtf]
N. B. I wish to sell Patent Rights in several other States. B. D.
EDUCATION—ANTHONY PELZER respectfully informs his friends and the public in general, that he has removed his day and night School to a large and commodious apartment in the lower part of the house occupied by Mr. John P. Shields in the vicinity of the Capitol. He, therefore, can invite more pupils of both sexes, to share his instruction, whom he will teach the French and Italian languages English Grammar, Reading & Writing, together with Arithmetic, Geography and the minor Latin Classics. His object is to be useful and his success in teaching French has been proved by experience; for he does not merely impress on the minds of his pupils the verbal science of Grammar, but renders the language familiar to their ears, their tongue and their pen.
Terms—Eight dollars per quarter, payable half in advance. Pupils from the country may obtain board at very moderate terms of Mrs. Shields, who offers likewise the use of her Piano-forte to those who would wish to receive instruction on that instrument. April 5. [3t]
SALE BY AUCTION. IRON WORKS—The following LANDS will be sold together or in separate parcels to suit purchasers, at Public Auction, at Mr. Chase's Vendue Warehouse, in Baltimore, on SATURDAY the 14th day of May next, at 12 o'clock:
23,343 acres of LAND, more or less, consisting of different surveys adjoining each other, lying in Bath and Botetourt counties, in the state of Virginia, on the Cowpasture river, which empties into James River. There is on the above Lands, a great abundance of Iron Ore, of the best quality, to be obtained with very trifling expence, near navigable water, and situations suitable for erecting furnaces and forges. The annexed certificate of Adam Clackner, (an experienced man of good character) is referred to for further particulars. The first named subscriber has also been on the Lands and examined the situations on the river for furnaces and forges, and is of opinion that the annexed certificate is in every respect correct.
The terms of sale will be 5000 dollars cash, and for the residue of the purchase money an extended credit will be given. The titles are believed to be unquestionable. The Patents may be seen by application to the subscribers. JOSIAS PENNINGTON, N. BRICE, Trustees of the Patenteer.
CERTIFICATE. I hereby certify, that in the year 1803, I examined the Ore banks on the above mentioned lands, and found the ore to be of a very superior quality, and in very great abundance. The ore banks consist of three mountains, and such is the facility of getting the ore, that in my opinion one man will be able to raise as much as will supply one furnace.
The proper place for a furnace is not more than 1/2 of a mile from the banks, and for a forge that may be worked with four hammers; about 5 miles distant on a good road, there is also an abundance of wood to supply the furnace and forge, and a large quantity of White LIME STONE near the furnace seat. I am of opinion that there are two good seats for forges, (exclusive of the above mentioned) each to act with one hammer, within 1/2 of a mile of the furnace; upon the whole, I solemnly declare, that in my opinion (and I have been for many years acquainted with the qualities of ore, and the proper management of Iron Works) the above property has more advantages in every respect, for the establishment of Iron Works than any I have ever seen. ADAM CLACKNER. March 25. [eptds]
NOTICE—The Officers and Privates who performed patrol duty in the months of June and July, 1807, are hereby notified that they will receive their pay on application to SAML. G. ADAMS, Paymaster 19th regt. March 29. [4t]
IN CHANCERY—Loudoun County October Court, 1806.
Andrew Todd, Plaintiff—Against Christopher Stanley, William Hodges, William Hodges, jun. and Frederick Har—Defendants.
The defendants Christopher Stanley, William Hodges and William Hodges, jun. not having entered their appearance & given security according to the act of Assembly and the rules of this court, and it appearing to the satisfaction of the court that they are not inhabitants of this state, therefore, on the motion of the plaintiff by his attorney, it is ordered and decreed by the court, that the said defendants, Christopher Stanley, Wm. Hodges and William Hodges, jun. do appear here on the second Monday in January next and answer the plaintiff's bill; and that a copy of this order be forthwith inserted in some one of the public newspapers printed in the city of Richmond for eight weeks successively, and posted at the front door of the court-house of this county on some court day. A Copy. Teste, JOHN POINDEXTER, C. L. C. April 1. (law38wtf)
MINE LANDS FOR SALE—The subscriber will sell a Tract of LAND containing 2791 acres, lying in Hampshire county, within 20 miles of Winchester, on Cacapon, a branch of Potomac. This Land contains a large body of iron ore of an excellent quality, which has been worked on a small scale, but discontinued for want of funds; and would be to any person able to carry it on, a very valuable acquisition.
Also—A tract of said county on the waters of Mill Creek under the South Branch Mountain, containing 258 acres—197 acres on Mill Creek, within 12 miles of Romney—400 acres on the waters of Cacapon—1000 acres on the falls of Green River in the state of Kentucky, and 1000 acres on the waters of Ohio in Kentucky. Undisputed titles will be given; and terms made known by applying to Mr. Harry Heth at the Coal Pits or the subscriber at Curles, on James River, 15 miles below Richmond. WILL. M. HETH. March 18. [ept12t]
FIFTY DOLLARS REWARD, for two Bay HORSES that were stolen from the subscriber Friday night last; they are both bright bays and move well, the largest one has both hind feet white, and at times has a spring halt with one of them; the other has a star in his forehead, and a black streak along his back—they are both square docked.
It is supposed that they are now straying in the neighbourhood of Richmond, if however, they should be stolen, I will give the above