The enquirer (Richmond, Va.), 1809-12-14 00:00:00

The Enquirer.
VOL. 6.]
RICHMOND, THURSDAY, DECEMBER 14, 1809.
[No. 64.
Published by Thomas Ritchie, near opposite the Globe Tavern, Richmond, Virginia. CONDITIONS. —Five dollars a year, to be paid annually in advance. Those who wish to be considered as annual subscribers, must hereafter designate it at the time of subscribing, otherwise their papers will be discontinued at the expiration of the first year. No paper can be stopped until all arrearages have been paid off—Good acceptances, in Richmond only, will be received in payment. The same rule as to Advertisements.
FOR SALE AT THIS OFFICE: The 5th Volume of the ENQUIRER, complete, bound in boards. VIRGINIA DEBATES , in the Convention, bound in calf, sheep and boards. BURR'S TRIAL , for Treason and for a Misdemeanor, in boards—By D. Robertson. LETTERS on the Subject of THE CATHOLICS —By Peter Plymley—from the 11th London Edition. BLANKS , for Lawyers, Clerks, Sheriffs, Constables, Merchants, &c. &c. which will also be printed according to any form exhibited, at the shortest notice.
THIS DAY IS PUBLISHED, A New Theory, OF THE DIURNAL ROTATION OF THE EARTH: Demonstrated upon Mathematical Principles, from the properties of the Cycloid and the Epicycloid. WITH AN APPLICATION OF THE THEORY, To the explanation of the various Phenomena of the Winds, Tides and of those Stony and Metallic concretions which have fallen from Heaven upon the surface of the Earth. By JOHN WOOD, Author of Elements of Perspective , printed in London, in 1799. December 14.
BANK OF VIRGINIA. —The Stockholders are hereby notified that the first Monday in January, is the day appointed by law for a general meeting, for the purpose of choosing Directors of the Bank and the several offices of Discount and Deposit. JOHN BROCKENBROUGH, Cashr. December 12. ep9t
THE Subscriber has commenced and will continue to practise LAW, in the Superior and Inferior Courts of Caroline and Essex counties: letters addressed hither to the Bowling-Green Post-Office will be attended to. JOHN BAYLOR. New-Market, Dec. 12. 24f
FASHIONABLE BOOT & SHOE-MAKERS. The Subscribers next door above Messrs Prosser and Mearce's Vendue-Office, just from Philadelphia—have commenced the manufacture of Boots and Shoes , of the most fashionable shapes, neatly and faithfully made out of the best materials, selected with much care and attention in Philadelphia—Those who may favor them with their custom may rely upon being neatly fitted, and promptly attended to. Orders from the Country shall be duly executed and are respectfully solicited. And they trust that by their assiduity and attention they will merit a share of patronage in the line of their profession. CAMPBELL & PAUL. Three or four good Journeymen will meet employment as above. November 14. 2mff
BY virtue of the last will and testament of Robert Means, dec'd. will be sold to the highest bidder, on Wednesday, the 3rd day of January next, if fair, otherwise the next fair day, the LAND AND PLANTATION belonging to the said Robert Means, dec'd. in the upper end of Henrico county, containing, according to the deeds, three hundred and seventy-three acres, & lying on the Three-natched road, about a mile and a half above the short Pump. There are, on the premises, a two-story dwelling-house, having two rooms below, with a passage, and two above, a grainery, stable, kitchen, and an orchard of apple and peach trees. The lands will be sold according to the deeds, and the sale will take place at the dwelling-house. The terms will be, one half of the purchase money to be paid at the end of twelve months, and the other at the end of two years, from the day of the sale: The purchaser to give bond and approved security, with a deed of trust upon the property, to secure payment of the purchase money. DANIEL CALL, Executor of the Testament and last Will of ROBERT MEANS, Dec'd. November 24. tfs
ELIAS V. LACHAIZE, TAYLOR; Respectfully informs the Ladies and Gentlemen of Richmond, and its vicinity, that he has commenced business in the house next to Mr. Neilson's store, main-street, where he hopes, by assiduity and attention to all commands, to merit a share of public patronage. * * * All orders executed after the newest and neatest fashions. November 21. 2m4w4ff
N. B. Three or four good Workmen wanted, to whom the highest wages will be given. Apply as above.
IN COUNCIL, September 19th, 1809. It is advised, that from and after the first day of January next, the Auditor be instructed in every case, where any claim by virtue of an order or certificate of court, is presented to him by a person whose name is not mentioned therein, to require such person to produce, also, an order or power of attorney from the individual in whose name such order or certificate of court was made, together with an affidavit of one witness at least, certifying that the order or certificate was made, and that the individual actually signed and acknowledged the same, and to give general information as to the same. It is advised, that a copy hereof be published in the Virginia Argus, Enquirer, Petersburg Intelligencer, Norfolk Herald, Lynchburg Star, Staunton Eagle and Winchester Gazette, once a week until the first day of January next.
Extract from the Journals, DANIEL L. BYLTON, Clerk of the Council. September 28. wtf
FROM THE NATIONAL INTELLIGENCER. EXPOSITION OF THE CONDUCT OF THE HONORABLE FRANCIS JAMES JACKSON, IN HIS CORRESPONDENCE WITH ROBERT SMITH, ESQ. SECRETARY OF STATE. (CONCLUDED.)
But the American administration would not be provoked into an early and abrupt rejection of the hope of accommodation, even through such an ungracious minister as Mr. Jackson. The President and his counsellors appear to have been determined to probe Mr. Jackson more closely as to the object of his mission, and to bring him strictly to the test, in the expectation that he had still in store the precious balm which was to heal the festering wounds of the nation.—Accordingly, Mr. Smith addressed to him on the 19th October, a very lucid and masterly letter, the commencement of which exposes the frivolity of the exception which Mr. Jackson had taken to the prescription of written for verbal communications. The reader must be amused with the awkward and embarrassed escape which the new envoy makes from the perplexity of ignorance and humiliation which he had presumptuously brought upon himself. No additional weight can be given, by any remarks in this place, to the overwhelming arguments by which Mr. Smith demonstrates the propriety of Mr. Jackson's presenting a formal explanation of the true cause of the disavowal of Mr. Erskine's arrangement, nor to the sagacity and just reasoning with which the Secretary of State points out an untruth advanced by the representative of his Britannic majesty relative to that explanation having been made in London to Mr. Pinkney; nor any force added to the repulsion of Mr. Jackson's insinuation that the government of the United States had manifested no dissatisfaction at the disavowal of the arrangement.
It is in his letter of the 19th of October, Mr. Smith states, that Mr. Erskine "did present for his consideration the three conditions" contained in the printed despatch of Mr. Canning of the 23d of January; but that, finding others were rejected, Mr. Erskine proposed others which others were accepted. It is particularly recommended to the reader to peruse two or three times, and with attention, that part of Mr. Smith's letter in question which immediately follows this statement; it places the subject in so clear a light that it cannot be mistaken; and, in a special manner, let this expression of the Secretary of State be remarked, viz: "That he [Mr. Erskine] had, or at least, that he believed he had sufficient authority to conclude the arrangement, his formal assurances during our discussions were such as to leave no room for doubt." Upon this ground, then, the American government acted, namely; Mr. Erskine verbally suggested three propositions which have since appeared to be the three conditions embraced in the despatch from Mr. Canning of the 23d of January, and which were rejected by Mr. Smith; and, when the late British minister proposed others more consonant to equity and of course more agreeable, he gave formal assurances to the Secretary of State, that he was authorized to make them the basis of the arrangement. Mr. Erskine did not tell Mr. Smith (nor does Mr. Smith say he did, and Mr. Jackson himself does not openly assert it) that the three conditions first suggested were the only ones which his instructions contained. The Secretary of State made no enquiry in that respect. It was none of the Secretary's business. It was for Mr. Erskine to look to it that he did not disobey the orders of the king his master. Mr. Smith was treating with the British accredited minister; a minister with a full general power to act for the British government. Mr. Erskine never showed his instructions to Mr. Smith, as Mr. Jackson admits; but merely in a verbal way, as any man in making a bargain would do, proposed them experimentally. He did precisely what an individual does at market; when he could not make the arrangement, (or, in other words, purchase what he wanted) at one price, he gave another. If he disobeyed his instructions, that, as Mr. Smith very justly remarks, is a question essentially between him and his government. Mr. Erskine himself in his letter to Mr. Smith, asserts unreservedly, that "he conceived he had conformed to his majesty's wishes; and to the spirit, at least, of his instructions." To this opinion he adhered to the last moment of his remaining in the United States; and the only revolution that appears to have taken place in his mind in relation to the subject, was a painful conviction, occasioned by the disavowal, "that he had formed an erroneous judgment of his majesty's views and intention," which is an observation that Mr. Erskine makes in his letter of the 14th of August to the Secretary of State, and which is a severe reproach on the British government; fully implying, that although the instructions of Mr. Jackson's predecessor justified the arrangement, yet that it was neither the "view" nor the "intention" of the British ministry that any arrangement on reasonable terms should have been entered into.
To the testimony of Mr. Erskine, and to the reason of the case, is added an explicit declaration of Mr. Smith, that the circumstance that the despatch of the 23d of January, from Mr. Canning to Mr. Erskine, was the only one which authorized him to propose conditions, "was for the first time made known" to the government of the United States by Mr. Jackson himself, in his letter of the 11th October.
"And (Mr. Smith continues) I need hardly add, that if that despatch had been communicated at the time of the arrangement, or if it had been known that the propositions contained in it, and which were at first presented by Mr. Erskine, were the only ones on which he was authorised to make an arrangement, the arrangement would not have been made." There is no duplicity in this language; it denies all knowledge of the
real nature and extent of Mr. Erskine's instructions; and avers, if they had been known to be such as Mr. Jackson asserts them to be, no compact would have been made. It will be seen in the conclusion by what a feeble sophism the new envoy attempts to evade the force of this fact.
Referring the reader to the correct elucidations which are given by Mr. Smith, in his letter of the 19th of October, on the several interesting topics in dispute between the United States and Great Britain, and particularly to the conciliatory offer of the President to comprehend the orders in council in a general negotiation, the writer of this exposition proceeds to the letter of Mr. Jackson to Mr. Smith of the 23d October. This letter is remarkable, among other points, for the very unsatisfactory explanation it furnishes of the reasons for disavowing Mr. Erskine's arrangement. It was disavowed, Mr. Jackson asserts, because his predecessor had no authority to conclude it. There is no reference to the equity & justice of the terms; no "strong and solid reasons" in relation to the rights of the United States. But, simply, the act was disavowed, because the minister was unauthorized to conclude it. This certainly is a convenient, if not a legal excuse. It is one which may at all times and under all circumstances be resorted to. Nothing more is necessary than to declare that a minister has not comprehended his instructions, and the most solemn engagements are at an end. But this is neither law nor good faith. Supposing that the violation of instructions is good cause for disavowing an arrangement, the mere saying so is no competent and satisfactory explanation to the disappointed party. It is incumbent on the disavowing party to show that they have been violated; that is, the disappointing party should prove the fact of violation. Mr. Jackson has not done this. He refers to a printed despatch of the 23d of January, and offers his bare word for all the rest. Where are the "several" letters of instructions mentioned by Mr. Erskine? Why not produce the original paper of the despatch of January 23d, that is, the manuscript of it? Why, in an official proceeding, refer to a copy which appeared in the newspapers? And where is the instruction relative to the Chesapeake? Did Mr. Erskine exceed his orders in that respect also? Mr. Jackson says he did; but Mr. Jackson produces no copy, (not even a printed one,) of the instructions on that head: Is this what Vattel, (an authority fully admitted by Mr. Jackson,) would call "strong and solid reason?" Mr. Jackson's mere word, unsupported by corroborating vouchers or circumstances, cannot be received as evidence in the case; yet he offers no other; and in this view it is worthy of notice, that Mr. Jackson claims for himself that weight of credibility which he denies to Mr. Smith and to the President. He requires that his solitary declaration (a declaration vitiated by its tergiversations) should be taken in support and for full proof of a fact, and at the same time more than insinuates that Mr. Smith's word, and the asseverations of the President through Mr. Smith, are not entitled to belief.
The reader will observe, that Mr. Smith in his letter of the 19th of Oct. says, "the declaration that the despatch from Mr. Canning to Mr. Erskine of the 23d of January is the only despatch by which the conditions were prescribed for Mr. Erskine for the conclusion of an arrangement on the matter to which it relates, is now for the first time made to this government." Mr. Jackson had read this observation when he wrote his reply of Oct. 23d, from which the following is an extract:
"So far from the terms which he [Mr. Erskine] was actually induced to accept having been contemplated in that instruction, he himself states that they were substituted by you [the Secretary of State] in lieu of those originally proposed."
This is not only an untruth as it respects Mr. Smith, but it is a palpable departure from veracity in regard to Mr. Erskine. The latter gentleman has no where asserted, (it is confidently affirmed,) that Mr. Smith substituted conditions. The inducement with Mr. Erskine for concluding the agreement of the 19th of April, arose as he avers in his letter of August 14th, from "a thorough conviction in his mind, that he was acting in conformity with his majesty's wishes." Mr. Smith neither solicited him to accept nor to reject;—all the propositions came from Mr. Erskine. There could be no possible motive on the part of the American government to urge Mr. Erskine to depart from the tenor of his instructions, or the least disposition to substitute terms for him, for what possible benefit could accrue to Mr. Smith or to the President by wheedling the British minister into an accommodation, which, if contrary to his orders, they would have known would not have been accepted by his government? Common sense rejects all such insinuations; and that man must be the victim of credulity indeed, who can for one instant believe that the Secretary of State or that Mr. Madison would not only risk their reputations, but place in jeopardy a great mass of property belonging to their fellow-citizens, on the event of so frail a compact. Besides, if Mr. Erskine had been weak enough to be their dupe, or sufficiently wicked to combine with them, he could hardly have been secure enough or be so honest as to keep the secret.
The extract, just quoted, which thus libels the American government and implicates Mr. Erskine, is that passage of Mr. Jackson's letter wherein he presumes to contradict the constituted authorities of the United States. It was of course incumbent on the Executive to vindicate his own honor and maintain the outraged dignity of the nation. Mr. Smith's letter to Mr. Jackson of the 1st Nov. contains this necessary vindication, by declaring such insinuations "inadmissible." And what was Mr. Jackson's answer? "I have carefully avoided (says he) drawing conclusions that did not necessarily follow from the premises advanced by me, and least of all should I think of uttering an insinuation where I was unable to substantiate a fact." With determined pertinacity, he adds, "and in so doing I must continue." Thus, it is perceived, Mr. Jackson had
insulted the government; he repeated the insult after being told that it was inadmissible; and insisting on the untruth in the most unequivocal terms, openly and imperatively avowed his resolution to "continue" the same line of conduct. There was no possibility of forbearing any longer; it had become indispensably necessary to cut him off from the government, and accordingly he was cut off.
The evasion which Mr. Jackson afterwards attempted to palm upon the Secretary of State, is the basest of all possible subterfuges. Making use of Mr. Oakley's name, he says, "one of the facts alluded to [the communication of the conditions by Mr. Erskine] has been admitted by the Secretary of State himself;" and, "that that instruction [of January 23d] is the only one in which the conditions were prescribed, is known to me." He then proclaims, that it was for "stating these facts and adhering to them" that he was dismissed by the President. So far from this having been the ground for discarding him, it is confidently affirmed by the writer of this article, that if Mr. Jackson, in his letters to the Secretary of State, had advanced nothing more than what he does in Mr. Oakley's note, the government of the United States would certainly have taken no offence at it. But Mr. Jackson's insinuations and assertions were of a very different complexion. They were not that Mr. Smith admitted one fact that Mr. Jackson knew another fact; but that, Mr. Smith having stated to Mr. Jackson, that "after the explicit & peremptory asseveration that this government had no such knowledge [of the despatch] and that with such a knowledge no such arrangement would have been entered into, the view, which you have again presented of the subject, makes it my duty to apprise you, that such insinuations are inadmissible;" Mr. Jackson replied after other remarks, "least of all should I think of uttering an insinuation where I was unable to substantiate a fact." A man so fully convicted of prevarications can surely have no credit with the public.
It will be observed, that the ground of Mr. Jackson's disgrace, is not a disagreement as to personal veracity between Mr. Smith and Mr. Erskine, nor between Mr. Smith and Mr. Jackson; but it is exclusively a question, whether Mr. Jackson, in an official correspondence with the American government, was to be permitted to call in question the veracity of the power with whom he was treating; not whether Mr. Jackson told the truth or whether Mr. Erskine told the truth; but whether the Executive of the United States was to suffer itself to be repeatedly and unequivocally stigmatised with the imputation of falsehood.—The pith and substance of it is this: Would a private gentleman in negotiating any business whatever with another person, put up with the lie direct? Apply the answer to the case between the government of the United States and Mr. Jackson, and the point is decided to the satisfaction of every American citizen who loves his country and venerates the constitution. Mr. Jackson was, doubtless, at full liberty to amplify and enforce any respectful propositions that he advanced, by all the arguments within his reach, provided they were decorously urged; but it was departing from every customary rule of diplomatic deportment, which prevails even in time of war, to draw inferences and to insist upon conclusions, which are neither deducible from the circumstances which he cites, nor warranted by the evidence which he quotes in support of them. How much less was it permissible to invent facts which had no foundation in truth.
Supposing, nevertheless, that Mr. Erskine had stated, that Mr. Smith substituted conditions for him, by what new rule of logic is it, that Mr. Erskine, whom Mr. Jackson represents as having departed from the conditions of his instructions as well as having affirmed to the government of the United States an untruth, is to be received as a competent and credible witness as to a fact which is denied by the government which he has deceived? Such sophistry cannot be supported by the most cunning lawyer or subtle casuist. There is, indeed, nothing more inconsistent, than Mr. Jackson's false reasoning, from the beginning to the end of the correspondence. The length of the correspondence and the diffusiveness of his style may, for an instant, embarrass the understanding; but when his anti-neutral doctrines and anti-American prejudices are essentially comprehended, their flagrant and tyrannical aspect will be manifest to every individual in the community. The new envoy admits, he evades, avows and disavows, asserts, rejects, insinuates and equivocates, all in a breath. The more he wrote, the more he convinced the American government, that he was either the mischievous instrument for perverting the good intentions of his sovereign, or the slippery tool of a designing ministry, whose evil schemes were too glaring to be concealed by his shallow artifices.
In the preceding part of this exposition it is remarked, that "a right examination of the language and spirit of Mr. Jackson's letters, would evince, that the recapitulation of the Secretary of State (as to what passed in official verbal conference,) is substantially correct." There is no manner of doubt that the three conditions are the only terms upon which Mr. Jackson would accept any proffered arrangement, however he might "receive and discuss" propositions of any other description. He does not any where in his letters to the Secretary of State deny it. All that he says is in corroboration of it. These three conditions are embraced in the despatch from Mr. Canning to Mr. Erskine, of the 23d of January, and require from the United States a relinquishment of the carrying trade, a non intercourse against France and her dependencies, and permission for Great Britain to enforce the acts of Congress on the ocean. Mr. Jackson says, indeed, that he was not instructed to renew these nor to make any other proposals; but he assigns as the sole reasons for the absence of such instructions, 1st. that they had been rejected by the American government; and 2d. that Great Britain would never cease to maintain the principle recognized by those conditions, to wit, "the total and unquali-
fied interdiction of all trade with the enemy" in neutral bottoms on American account; declaring it to be "a matter of interference to Great Britain, whether the order in council be continued, or an arrangement by mutual consent substituted in its room." In brief, Mr. Jackson was not authorized to renew the three conditions, because they would not be accepted by the President; and he was instructed to propose no new ones, because the British government would yield to nothing but the three conditions. If a doubt exists upon the subject, let the reader inspect the new envoy's letter of the 4th of November, wherein he says, "before the orders in council can be revoked, their object must be obtained in some other way." And one of those orders, to wit, that of the 26th of April, the one which is now in operative existence, Mr. Jackson affirms, "is more restrictive than those of November, 1807." These declarations on the part of the discarded minister, explain what he means in his letter of the 23d October, when, in speaking of his instructions, he avers that they "look to substituting for those of good understanding, erroneously interpreted, PRACTICAL STIPULATIONS on which a real reconciliation of all differences may be substantially founded." That is, the equitable and lawful claims of the United States are considered as mere "notions," for which notions Mr. Jackson's instructions empower him to "substitute" "PRACTICAL STIPULATIONS," which practical stipulations are the three conditions of the despatch of the 23d of January, or "the order in council of the 26th of April, which is more restrictive, than those of November, 1807," and which, in principle, (and in practice too, with occasional variations,) his Britannic Majesty "can never cease to maintain."
Mr. Smith, in his letter to Mr. Pinkney of November the 23d, has placed the subject of the disavowal of Mr. Erskine's arrangement in so fair a light, and exposed so completely the frivolity of the pretences upon which it was disavowed, that but very few additional strictures, in that particular, will be introduced into this exposition; and these will be confined to the tenor of the despatch of the 23d of January, which Mr. Erskine is said to have violated. One of the conditions prescribed in that despatch, was in the following words:
"3d. Great Britain, for the purpose of securing the operation of the embargo, and of the bona fide intention of America to prevent her citizens from trading with France, and the powers adopting and acting under the French decrees, is to be considered as being at liberty to capture all such American vessels as may be found attempting to trade with the ports of any of these powers; without which security for the observance of the embargo, the raising it, nominally with respect to Great Britain alone, would, in fact, raise it with respect to all the world."
"In urging" this condition, Mr. Smith very properly remarks, "Mr. Canning has taken a ground forbidden by those principles of decorum which regulate and mark the proceedings of governments towards each other." It was not only to obtain a ledge against the bad faith of the intention of the American government, as the Secretary of State says; but the liberty to capture which the condition required plainly implies, that even if the intention of the American government be an intention of good faith, yet there would be no security to Great Britain for the fulfilment of it by the citizens of the United States, unless the British navy were at liberty to make prize of the vessels and goods of those citizens, who are by the condition supposed to be so profligate as not to obey the laws of their country, and the constituted authorities so imbecile as not to be able to compel them to respect the acts of Congress. In effect, that the people of the United States are knaves and law breakers, and their Congress and President a mere cypher. The navy of Great Britain was to strengthen the latter and to make the former virtuous. And this condition, and the whole despatch was to be communicated in extenso, (in all its parts) to the chief magistrate of the nation!
It seems to be of some importance to the merits of the case in question, to discriminate clearly between the act of a minister concluding an agreement in virtue of a full power in relation to the terms of the agreement, and the act of a minister concluding such agreement by the authority of a general power (or letter of credence) to act for his sovereign in any matter respecting which he should be instructed. In the first instance, the minister would have to produce his full power to the government with which he was about to negotiate; in the second, the minister being resident near the government, and his general letter of credence being in the possession of the government, he would not be under the necessity of presenting any new power nor be compelled to show his instructions, but acting in his usual envoial and plenipotential character, full faith and credit would be given to him in that shape by the government with which he treated. Mr. Erskine appears to have acted in the latter way.
He made this arrangement in virtue of his general letter of credence, and kept his "several" letters of instructions out of view, "subject to his own discretion." But if a full power had been necessary to enable Mr. Erskine to conclude the arrangement, Mr. Jackson acknowledges that he had that full power in his possession, for, says he, in his letter of the 4th of Nov. "the instructions in this (Mr. Erskine's) case took the place of a full power." And, if a full power had not been requisite, Mr. Jackson gives a very substantial reason why it was not necessary: "No full power (he observes in his letter of Nov. 4th) was given in the present [Mr. Erskine's] case, because it was not a treaty, but the materials for forming a treaty, that was in contemplation." Thus, in any view of the subject, Mr. Erskine's mode of proceeding and the authority by which he acted, are pronounced by Mr. Jackson to have been correct and sufficient.
The despatch from Mr. Canning to Mr. Erskine of the 23d of January, affords the most conclusive proof that the arrangement which he was authorised to conclude with

the American Executive was not to be subject to any subsequent act of ratification in London previously to its going into operation; for, Mr. Canning says in that despatch, "his Majesty will be prepared on a faith of such engagement [as Mr. Erskine might make] either immediately (if the repeal shall have been immediate in America) or on any day specified by the American government for that repeal, reciprocally to repeal the orders in council, without waiting for the conclusion of the treaty; and you are authorized, in the circumstances herein described, to make such reciprocal engagement on his Majesty's behalf." Here is a clear power to conclude and give instantaneous effect to the agreement the moment it was entered into; there is no reservation for the king's consent after the arrangement was made; his Majesty's approbation preceded the fact, and Mr. Erskine was acting on this point at least, by the absolute command of his sovereign, nor is the case at all singular; other British ministers, resident at foreign courts, have been clothed with the same power. Alleyne Fitzherbert concluded a preliminary arrangement with the court of Spain, (which was signed at Madrid, the 24th July, 1790, by himself and the count Florida Blanca, respecting the capture of certain British vessels in the bay of Nootka,) in virtue of his general letter of credence as ambassador extraordinary and plenipotentiary to the Catholic King; and this arrangement was held sacred and binding on the British government, and was followed by a convention between Great Britain and Spain on the 28th of Oct. of the same year. These state papers may be found in the London Annual Register for 1790, pages 300, 301 and 303. It is, therefore, a flimsy pretence for displaying the arrangement of the 19th of April, to say that it was subject to ratification in England, seeing the authority is explicit to the contrary, and supported by a parallel case in English history. And Mr. Jackson is truly unfortunate in his allusion to the rejected treaty as sent to by Col. Monroe, because Col. Monroe informed the British commissioners that he was acting contrary to his instructions, and the treaty contained, moreover, a special provision that it should not go into effect before it was ratified by the American and British governments respectively; which circumstance precluded the possibility of all imposture in the case, that might arise from the treachery of either party.
It is even allowed that the arrangement was loosely framed on the part of Mr. Erskine, yet still, as the terms of it were manifestly just in respect to the United States, it was to be expected that the British government would provide against every contingent loss that might accrue from the violation of it. Mr. Jackson himself appears to be perfectly aware of the propriety of such a provision, and lays no trifling emphasis upon that "frankness, promptitude, and most scrupulous regard to national honor," with which "his Majesty's government gave notice to the American minister in London of the disavowal of the motives of it, and of the precautions spontaneously taken by his Majesty to prevent any loss or injury accruing to the citizens of the United States." But, when pressed upon this subject, when certain important omissions were indicated to him, and it was shewn that his Majesty had not been quite so scrupulous to honor as he ought to have been in his spontaneous precautions "to prevent any loss," Mr. Jackson very gravely replied, that "it was not and could not be intended to obviate all possible inconvenience." And as a reason why the non intention "to obviate all inconvenience" was correct, he supposes a case where no previous contract exists, entirely disregarding the fact that the guarantee against all possible loss was due from the king of Great Britain to the United States, not as a favor but as a right, not as a recompense for the common depredations of British cruisers, but as an act necessary to screen him from the imputation of violating the faith of Great Britain for the purpose of decoying, like the crying cocodille, the property of American citizens within the grasp of his naval force. And why does Mr. Jackson remind the Secretary of State of the "usual liberality of British tribunals?" As well might Ulysses have condoled his unhappy companions by referring them to the merciful disposition of the Cyclops, who devoured one of their number each revolving day!
That there is either a British party in America, or that Mr. Jackson thinks so, is too manifest in the style of some parts of his correspondence. He says, that the conduct of Great Britain to America arises out of "a great system of policy, deliberately adopted and acted on," and that it is a strong and solid reason for adhering to it, because it enables his Britannic Majesty to oppose a barrier to the entire submission of Europe to the power of the emperor of the French. It is to illustrate this idea that the allusion is made to Augereau's proclamation to the Catalonians; an allusion which might do very well if addressed to one of the petty belligerent nations of Europe, but which is totally irrelevant and altogether ludicrous when applied to such a neutral power as the U. States. This "great system of policy," so "deliberately adopted and acted on," is to prevent the subjugation of Europe; that is, of Great Britain; for nearly all the rest of Europe is subjugated, or new modelled. And what is this boasted system? It consists in the difference of price on coffee and sugar, occasioned by the conveyance of those articles into France through Hamburg and Tonningsburg, instead of their being landed in the ports of Holland. This difference may be two or three cents on the pound; and these two or three cents are to be the salvation of Europe; they are the result of the "great system of policy" pursued by the British; they are the "strong and solid reasons," "worthy (as Mr. Jackson proclaims) to govern the councils of a great and powerful monarch," in a formal departure from the common maxims of justice, in the violation of neutral rights, and sufficient to induce those councils to refrain from any attempt to "propitiate America." The expeditions of Sir John Moore and of Lord Wellington, and that magnificent one to the Scheldt, might be diversions in behalf of suffering Spain and Portugal, and bleeding Austria; but the two or three cents difference in price upon sugar and coffee, is the stroke of death to Napoleon! It is the mortal blow, which is to destroy his power forever!
There is, however, a circumstance connected with this "great system of policy," which the Secretary of State justly denounces as a "phantom," and which renders very questionable the vaunted magnanimity of the "crucials of this great and powerful monarch." It is, that whilst "a total and
unqualified interdiction of all trade with the enemies" of Great Britain is enforced against the United States, British merchants, with the tacit permission of those "councils," supply, through the ports of Holland and elsewhere, the continent of Europe with those very articles of colonial produce, the privation from which, Mr. Jackson exultingly avows, is to preserve the world from universal domination! Does coffee or does sugar change its nature, by passing into the European markets through the hands of Englishmen and smugglers instead of being conveyed thither in vessels of the United States navigated by American seamen? Or will Mr. Jackson admit, (what is most probable) that this "great system of policy," so "worthy to govern the councils of a great and powerful monarch," instead of having for its object resistance to Bonaparte, in vindication of the rights of nations, is to paralyse the commerce of the citizens of the United States with France, Holland, Italy and their dependencies, in order that the shop-keepers of London and of Liverpool may enjoy the whole profits accruing from the supply of the enemies of Great Britain with the productions of the West India islands, and even of the continent of America? In this latter case, that chivalric spirit, which the new envoy assures us is "to be found in the hearts of the British monarch and his subjects," migrates into paltry pounds, shillings and pence; and instead of valiantly freeing the world from bondage, lies mutely snug in the pockets or the coffers of English merchants, until called forth by the ministry, to supply the means of some new project for infringing the law of nations, and enlarging the jurisdiction and rights of neutral states.
It is sufficient to observe, in relation to Mr. Jackson's declaration that he had a full power to negotiate, independent of his general letter of credence, that as he never presented that full power to the President, it was impossible, on his own principles, to treat further with him until he did present it. His offer, therefore, "to exchange his full power against that with which Mr. Smith should be provided," is an evasion; the President could not, according to usage, furnish the Secretary of State with a full power before Mr. Jackson had produced one; and for this very plain reason, because the President could not tell, without having seen Mr. Jackson's full power, what the new envoy was authorised to negotiate about; particularly after he had officially announced that he was only empowered "to receive and discuss propositions."
The able manner in which the Secretary of State has exposed the singular proposition relative to the reparation for the attack on the frigate Chesapeake, almost obviates the necessity of further elucidation. The manner in which the paper of memoranda was presented, however, deserves some notice. The affair of the Chesapeake up to the 22d of October, had been embraced in the general correspondence between Mr. Smith and Mr. Jackson. The latter, in his letter of that date, omits the subject altogether; but, in a note of the 27th of October, he slipped in a separate proposition, which he doubtless thought would, like the artful lass of a fencing master, effect a palpable hit . There was something so extremely ridiculous in this trick, that it could excite nothing but a sarcastic smile at the awkward effort at dexterity in Mr. Erskine's successor. He was placed in the posture of a wandering and pretended conjuror, who, being a novice in deception, hugs himself in the conceit that he is deceiving his audience, whilst the audience perceive the whole cheat and laugh at the conjuror's clumsiness.
But what was this paper of memoranda ? Surely not a tender nor an act of reparation. It was a demand on the American government to legalize , by acknowledging, the correctness of the principle upon which the frigate was attacked; and thus to justify the outrage for which atonement was by the memoranda proposed. The reservation for the restoration of British subjects and deserters, is, to all intents and purposes, such a demand. Besides, the satisfaction was not a point of interest but a point of honor . And what nation ever yet made conditions in a case of honor? Does Mr. Jackson imagine that the government of the U. States is so mercenary, that it is eager to seize the trifling sum which is to compensate the surviving relations of the slain and the maimed in that vile attack? Let him, if he does, shake off his day dream, and learn henceforward that it is the honor of our flag that requires satisfaction, and that the reparation is not to be accepted upon the principles of bargain and sale. This is the doctrine maintained by Mr. Madison in his correspondence with Mr. Rose; and it is the doctrine which the British themselves maintained in the case of Falkland's Islands .
The subject of this exposition requires, it is conceived, very few remarks more in a serious point of view. As a topic of ridicule, Mr. Jackson's letters will be exceedingly acceptable to those who delight in bewaring arrogance of the garrb of duplicity. The alfeal which that minister has made to the public casts upon him additional odium in the estimation of all worthy men. It is not becoming in a gentleman; it is not only a departure from the rules which ought to govern his diplomatic conduct, but it is a perversion of the truth. Excepting one point, the falsehood of the alfeal is sufficiently developed in the preceding strictures; that point is, where he endeavors to persuade the public, that he is charged with " important negotiations ." Nothing can be more certain, than that he was not so charged; or, that if he was, his negotiations were not " important ," in an amicable view, to the United States; and this conclusion is abundantly verified by the words of Mr. Jackson himself, for, in his letter to Mr. Smith, of the 23d of October, he says, "the object of that part of my conversation to which you seem to attach the most importance, was to propose whatever," which is a clear and some friendly proposal, but that Mr. Jackson had none to offer him. The alfeal establishes another very material and unfortunate fact, if Mr. Jackson can be relied on; he
* The following article, copied from the London Courier of October 12th, 1809, puts this fact beyond all doubt: "LONDON, Oct 12. A deputation of the merchants interested in the trade to the continent, had an interview yesterday with the Board of Trade. It was signified to them that it was the intention of government to extend the permission for importing corn, and exporting colonial produce and British manufactures, to Holland, as it is allowed to and from France; and that licenses would be granted for that purpose."
declares, that his " duty imperiously enjoined him to act as he has done." If this be so; if it was imperiously enjoined on him to act thus, the evil goes further than Mr. Jackson; it is in the British government. A melancholy truth! But which has been long suspected.
Must all hope of peace be relinquished? Must war be prepared for? Congress alone can decide the question. The legislative body is the Alexander to cut the Gordian knot of perplexities that compress the energies of the nation. The writer of this production is the friend of peace; but he is also the friend of American rights and honor. He cherishes the idea of tranquility; but would blush to discourage a war in a preeminently just cause, either on account of its expense or its hardships. If no other reason induced the despair of a restoration of a good understanding with England, sufficient cause can be discovered for it in the appointment and conduct of Mr. Jackson. Independent of other circumstances, already adverted to, he was selected by the British cabinet with the full knowledge, communicated by Mr. King whilst minister in London, that he was odious to the government of the United States. His behavior here has been a tissue of insolence and absurdities; and the very law of nations, to which he so cavalierly appealed in behalf of his rights, has been palpably violated.
In a commercial aspect , France and England stand very much in the same hostile relation towards us. The affair of the Chesapeake, however, magnifies the conduct of the latter to an infinitely more warlike attitude than that of the former. The outrage upon our national flag, had it been avowed by the British government, was good cause of war. For more than two years, that great indignity has remained unatoned; and every proposition to make reparation, except the one so scandalously disavowed after completion, has been attended with some demand, that has aggravated the insult. France is not so tangible to our force as Great Britain—Shall we fight both ? The choice between them would, indeed, be difficult. But if we do strike, let us strike where we can be felt . May the decision of our rulers be wise, and propitious to the prospects of the republic. PUBLIUS.
Congress.  IN SENATE. FRIDAY, Dec. 8, 1809.
A communication was received from the Treasury Department, which was ordered to be printed.
Mr. Leib , agreeable to notice, presented a bill to repeal the act to suspend for a limited time the recruiting service. The bill supplemental to the act extending the right of suffrage in the Indiana territory and for other purposes, was read a second time, and, on motion of Mr. Pope , referred to a select committee which consists of Messrs. Pope , Meigs and Crawford .
RUPTURE WITH MR. JACKSON. The resolution reported by Mr. Giles approving the conduct of the Executive in refusing to hold any further communication with Mr. Jackson , was taken up by the Senate as in committee of the whole.
The resolution having been read, Mr. Giles rose and spoke as follows:
Before I proceed to perform the duties enjoined upon me as the chairman of the committee who reported the resolution before you, permit me to express my regret, that the consideration of a subject, which justly excites so much sensibility, should have been delayed even only one day on my account; and be assured, sir, that nothing less than an indisposition sufficient to justify it, would have caused me to have been absent from my place yesterday. Perhaps, sir, I owe an apology to the Senate at this time, for entering into this debate under a state of hoarseness, which must necessarily disqualify me in some degree, from discharging my duty on the present occasion. But, sir, it is a subject of great consolation to me, to reflect, that I am fortunately favored with associates on the committee, either of whom could perform the task I am now engaged in, better than myself, and some of whom, will certainly do me the favor of correcting any errors I may unintentionally commit, or supplying any omissions I may inadvertently make.
Although it appears to me, that the propriety and urgency of the resolution now under consideration must be strongly addressed both to the judgment and sensibility of every gentleman, who has carefully attended to the distribution of powers under our constitution, & who has also carefully attended to the correspondence which gave rise to the resolution, yet in a case of so much delicacy, it would naturally be expected, and is a respect due to the Senate from the chairman of the committee, to present to it at least some of the general motives which induced the committee to report the resolution at this time.
It is to be observed, Mr. President, that our constitution is peculiar in the organization and distribution of its powers; and in no respect is it more peculiar, than in the distribution of the particular powers embraced by the resolution. In all other governments known to us, the same department which possesses the power to receive and negotiate with foreign ambassadors and other public ministers, also possesses the power to make war. It has been thought wise in our constitution, to separate these powers. With a simplicity of language, and a solidity of wisdom almost peculiar to our constitution, the President is invested with the power to receive ambassadors and other public ministers; thus using the broadest terms in granting this power without even an attempt at limitation or specification; evidently with a view, that all the incidental or consequential powers might flow from this general expression to the department, thus invested with this general power. It was easy to foresee, and no doubt the framers of our constitution did foresee, that the multiplicity & diversity of cases, which would arise in the course of various diplomatic manoeuvres & attempts to limit or specify the powers of the department in this respect, to which these powers were confined and to be exercised on the part of the United States and, therefore, every attempt of that kind was wisely avoided, leaving to the president to exercise his authority upon his own responsibility, to be regulated by the only established standard amongst nations, to wit, the laws and usages of nations. For it never can be presumed, sir, that the wise sages who framed our excellent constitution could for a moment have tolerated the idea, that the ministers of foreign nations residing near the government
of the United States, should possess greater privileges and immunities, than the minister of our government residing near foreign courts—of course the same laws, to wit, the laws and usages of nations, were left reciprocally to govern in every reciprocal case.
But, sir, notwithstanding the President is invested with the power "to receive ambassadors and other public ministers;" and as I think all other incidental or consequential powers applicable to the various agencies with such ambassadors and other public ministers; yet Congress is invested with the power without limitation or qualification, "to declare war." Now, sir, it must be obvious to every understanding, that these several powers are so intimately connected, and may be so dependant upon each other, that the exercise of the power conceded to the President, may consequentially involve the necessity of the exercise of the power conceded to Congress; as in the case now under consideration; the refusal of the Executive to receive any further communications from his Britannic Majesty's minister, Mr. Jackson, may consequentially involve us in a war with Great Britain; or in other words may serve as a pretext to Great Britain to make war upon us, if she should conceive it her interest to do so, which I think not very improbable. Hence arises in my judgment, the propriety & urgency of an expression of the Congressional opinion upon this Executive act, and a declaration of the Congressional will as to the course of conduct Congress will pursue under any consequences which may flow from, or possibly be attributed to this Executive act.
I conceive, sir, that the expression of this opinion, and the pledge of a solemn declaration, by Congress, are due to the people; because the people have the deepest interest in the character of their government; and in no part of its attributes, have a deeper interest, than in its efficacy to resist and repel injuries and insults from foreign governments; the people also are either the immediate or immediate electors of Congress, and as such have a right to expect and demand, that Congress will execute all their duties and will never shrink from their constitutional responsibility in any case; and last of all, in a case of so high and solemn a character, as the one under consideration. This course of conduct is essentially due to the Executive. The President ought to know, whether, with the indispensable co-operation of Congress, he ought to proceed with dignified moderation and intelligence, to assert and maintain the rights, the honor and the interests of the American people, or whether for the want of this co-operation, he shall with shame and confusion of face be compelled to retrace his steps, and leave to Congress to abandon these high attributes of the nation, and with their degradation, to record their country's ruin and disgrace. No, sir, it is not possible that an American Congress does exist, or can ever exist, that would not spurn from themselves every vestige of an idea, that they could be brought under any circumstances to perform so degrading and dishonorable a task.
It is imperiously demanded by the dignity and candor of Congress itself. "What, sir?" shall the exercise of one of the highest constitutional functions of Congress be brought into question, and every individual in the nation engaged in expressing an opinion on it; and small Congress alone stand aloof for fear of incurring a responsibility imposed on them by the constitution? Shall Congress stand by as idle spectators, and see a contest before the people between the President and a foreign minister, and feel no interest and take no share in such an unprecedented scene? especially when one of their highest constitutional functions may be affected by it? No, sir! Congress must speak—Congress must act—Congress never can shrink from its constitutional responsibility—it is due to the dignity—it is demanded from the candor of Congress.
Above all, sir, it is important to the U. S. as a nation, that the Congressional will should be proclaimed upon this delicate and solemn occasion. It is of importance, it may be of the last importance, to the U. States, that Great Britain should know, before she decides upon this subject, what is the Congressional will in relation to it? Whether she will be called upon to act against an united, harmonized government and people? or whether she shall have for her prey, a divided people, and a discordant government?
Do you not believe, Mr. President, that the conduct of Great Britain, would be very different under these different conditions of the people and government of the United States? Let me ask you this question, sir; would you not, sir, if you were prime minister of Great Britain, consulting her interest alone pursue a very different course of conduct under this different state of things? Let every gentleman put the question to himself; and the answer of every one would be the same. Why then, sir, do we not unanimously take the ground here, which if we were called upon to act in an opposite hostile character, would most certainly deter us from persevering in that hostile character against the United States? Sir, if there had been any doubt upon this subject, our late experience ought to have removed it; for, sir, I have no hesitation in saying, and with pain at heart I shall be compelled to shew it in the course of this debate, that in my judgment, our present embarrassments are too much to be ascribed to our former manifestations of indecision, to our unfortunate dissensions and divisions. Sir! whenever I approach this sorrowful and awful subject, my heart feels as if it were bleeding at every pore, when I am compelled to reflect, and to believe, that this our beloved and happy country may shortly become a bleeding victim, from wounds—if not inflicted by the hands of her own sons, at least by their unhappy divisions and dissensions. Yes, sir, with a full knowledge of what is past, and strong presages of what is to come—is it not deplorable to be compelled to think, that in a very few months, perhaps in a still shorter time, American blood must be shed, to repel the hostile spirit of Great Britain, now rendered too manifest to every understanding; and worse than all, sir, to wash away the stains of our own unfortunate divisions and dissensions; and is it not wonderful, as it is deplorable, that the virtuous and patriotic American people, and sometimes called the most enlightened in the world, with the experience of the horrible consequences, through all ages, of the divisions of a people amongst themselves, should permit themselves from the same cause to fall a prey to the same inevitable calamities?
Look, Mr. President, through all history from the first dispute between Cain and Abel, down to the late disastrous dissensions between the Spanish branch of the Bourbon dynasty, and find, if you can, sir, a single instance of a people who gained any advan-
tage from dissensions amongst themselves, and especially, sir, when they carried so far, as to join a foreign against their country's standard! I believe, sir, not one instance of this kind, stands recorded. Nor is it possible nor practicable in any state of human affairs—because in all cases, the foreign interference in the internal concerns of its neighbors is always for its own and never for its neighbor's benefit. With these monitory lessons before our eyes, and a full conviction of their truth upon our hearts, is it not wonderful, that we show a voluntary give up ourselves victims to the same calamities? But, sir, gentlemen may ask, where is the remedy? How can we make a sacrifice of our own opinions? Sir, the case is a plain one. Let gentlemen exercise their opinions and persevere in their arguments at all times respecting our internal concerns, as well before as after the measures are adopted; let them, respecting our foreign relations, urge their arguments with a zeal proportioned to the magnitude of the subject; they will be pleasantly received, and respectfully considered; but after the government has taken its attitude against a foreign nation, it would be going too far to desert its standard, and to join that of the enemy. It is then time for opinion to pause and reflect, whether any consequence can be worse, or more disgraceful, than joining a foreign against its country's standard? Whether it would not be better, more patriotic, more virtuous, to support your country even in a supposed unwise course of policy, than to join a foreign standard, and use it to correct and change the course of policy thus disapproved?
Sir, in a contest between your own and a foreign nation, it never can be wrong to join the standard of your own country; nor right to join the standard of your enemy. Then, sir, there is a rallying point. It is a plain and obvious one. No understanding can mistake it. No heart can disapprove it. It is an own government. Let that be the rallying point. There never can be a more propitious moment than the present for casting into oblivion all former irritations and dissensions. There can never be a plainer case presented to the human understanding. There never were more urgent considerations in favor of the course recommended.—Whether we respect their repulsive effects upon British hostility, or their harmonizing effects amongst ourselves, they appear to me to be equally strong and persuasive.—May I not then, sir, indulge the pleasing hope, that the resolution before you will be received as the signal of unanimity in Congress, and joyfully hailed in that character through the whole of this great and extended country? Sir, does it not manifest a strange perverseness in the human character, for us to observe that when it is perfectly at our option, we should choose to distress and injure ourselves by irritations and resentments, rather than delight ourselves with union and harmony and mutual good offices? Especially, sir, when the latter choice would command the respect, if not excite the alarm of our enemy.—For, sir, do you believe that if Great Britain saw the strong arm of this nation stretched out to oppose her unjust spirit of hostility, guided in all its operations by one undivided will, she would so readily encounter its powerful influence, as if she saw it paralysed in all its efforts from the want of an unity of will and action? No, sir, we undervalue our energies and importance, if we were to suppose that her conduct would be the same in both of these situations; or that she is at all indifferent to the course of conduct now to be pursued by us. Let us then all unite, sir, in this proposition and disappoint her mistaken calculations upon her influence in this country. I verily believe, that union is all that is wanting to appease her hostile spirit towards us. But perhaps, sir, every gentleman present will admit, and it appears to me that no human being can deny, that if the facts stated in the resolution be supported by the correspondence upon which it is founded that then every gentleman would readily assent to the resolution. But, sir, it is possible, although it appears to be scarcely possible, that some gentlemen may doubt whether the facts stated in the resolution be supported by the correspondence or not. This I admit is a fair, though delicate enquiry, and I will therefore immediately proceed to the examination of that question—and I beg the most critical attention of the Senate in the course of the investigation.
(Speech to be continued.) After Mr. Giles concluded, the question was taken on the passage of the resolution a third reading. There were 24 members present, besides the President pro tem. of whom 20 voted in favor of it. It was ordered to be read a third time on Monday next.
The bill reported by the same committee to prevent the abuse of the privileges and immunities enjoyed by foreign ministers within the U. S. was read.
The question having been put on its passage to a third reading—Mr. Hillhouse said he could have no objection to the passage of such a bill if he were satisfied of the necessity of it. It was not a novel subject, for it had been agitated three or four years ago in the case of the Spanish minister, and there was a very unanimous opinion in the Senate in favor of such a provision, if it were necessary to carry the object into effect. But the Senate had been informed that the Executive did not think it necessary. Mr. Hillhouse said that he himself had been of the same opinion—that he could scarcely suppose that the government would have remained so long without a competent provision to enable the Executive to send away foreign Ministers conducting themselves improperly. He believed for his part that the government had already competent authority to send them away—and as to the means, undoubtedly the proper means were within the direction of the President of the United States who had the control of the military and naval force.—A civil officer could only imprison a person and had no power over him, but in his own district; therefore any authority given by the bill to civil officers, would be incompetent to the purpose. A marshal could not remove a foreign minister out of the country; for the moment he stepped beyond his jurisdiction, his power ceased. Such a service peculiarly belonged to the military and naval force, of which the President had already the entire direction. He therefore thought that the passage of this bill, instead of adding to the weight and character of the President, would be declaring, that he is not possessed of the power which the Constitution has given him. He knew not why this bill should be now introduced. If it was in relation to the subject under consideration this morning, he presumed that the President would now, as heretofore, concede that he had the power, and wanted no legislative assistance. Mr. B. said, he certainly

by must vote against the bill, unless some necessity were shown for passing it. On the former occasion alluded to, (the conduct of d'Yrujo,) every one was convinced, that the Executive had been insulted, and there was but one sentiment, that if the President had not the power of sending away a foreign minister, he should be invested with it. And yet, a bill for giving him that power had been rejected almost unanimously, upon the ground, that no legislative provision was necessary; and if he was not much mistaken, information was given to the Senate, through those who were in the confidence of the Executive, that he did not want an investiture of the power by Congress; conceiving that he possessed it from a higher source, the Constitution of the U. States, which authorized him to receive foreign ministers, in which power was included every thing necessary to carry it into execution. Could it have been expected by the framers of the Constitution, that, in case of collision with a foreign minister, the President was to wait for the passage of a law by Congress before he could act? This subject had never escaped the attention of Congress; but the President had always been conceived to possess ample power for the purpose contemplated by the bill. If such a provision, however, were necessary, a law for the purpose ought to have been passed long ago. Under present impressions, Mr. H. said, he should consider this bill as an attempt to express the opinion of Congress, that the President did not possess a power which he believed to be vested in him by the Constitution; and therefore he must vote against it.
Mr. Giles said that he did not feel himself at this time qualified to go into any observations on the bill. It certainly was not his wish to press thro' the Senate a bill without its being well considered, particularly when it involved a constitutional question. He did not know that the President might not have been supposed to possess the power proposed to be given to him by the bill; but he knew very well that the President never had ventured to exercise it. Not wishing to press the bill; he had no objection that it should lie on the table, if any gentleman should think proper to make a motion for that purpose.
Mr. Pope said he had been forcibly struck with the remark of the gentleman from Connecticut, not that he deemed the bill unnecessary, even although the President might already have such a power; for, as so much jealousy existed in this country of Executive power, perhaps Congress should nevertheless express its opinion on this point. He was of opinion also that that part of the bill which related to civil officers should be stricken out. The natural agent of the Executive authority was the naval or military power. To give further time for the consideration of the bill he moved to postpone it till Monday next.
The motion for postponement was agreed to; and the Senate adjourned till Monday next.
HOUSE OF REPRESENTATIVES.
FRIDAY, December 8. A petition from the citizens of Washington praying for a law to make a turnpike road to meet a road about to be constructed in a direct line from Baltimore, was referred to the committee on the District of Columbia.
Mr. Morrow reported a bill for extending the time for issuing and locating military land warrants; which was twice read and referred to a committee of the whole.
Mr. Taylor, after a few introductory remarks, offered the following resolution:
Resolved, That a committee be appointed to enquire into the circumstances attending the occurrence alluded to in the letter of Mr. I. A. Coles to the Speaker of this House; that the said committee be instructed to report a statement of the facts with their opinion thereon to this House.
A motion was made by Mr. Stanford to amend the same by striking out the words "committee be appointed" and inserting "the committee be appointed to prepare and report such rules and orders as are necessary to be observed in the house, be instructed;" which motion was negatived.
The resolution of Mr. Taylor was agreed to, and Messrs. Taylor, Goodwin, Montgomery, Smiley, Pitkin, Taggart and Matthews appointed a committee accordingly.
This letter received a few days ago from Isaac A. Coles, was referred to this committee.
Mr. Sawyer made two unsuccessful attempts to obtain the consideration of a motion made by him a few days ago to erect a separate committee of manufacturers.
And the House adjourned till Monday.
CONTINUATION OF FOREIGN INTELLIGENCE.
Translated from a file of "L'Abbe du Nord," received by the brig Robert, Captain Stafford, from Tunningen, at the office of the American.
Extract of a letter from Copenhagen, of the 19th September.
The proclamations signed by the English in Iceland, since they have become its masters, are very rigorous. From the first which appeared on the 21st June, several magistrates and merchants have been put in a state of arrest in their own houses and strictly watched. The proclamations are signed by a certain Jorgen Jorgensen, who is said to be a native of Denmark.
Rome, August 25.—All the heads of the religious orders which were in Rome, and in the other cities of the late estates of the Church, have been conducted to France under escort.
ALTONA, Oct. 1.—The king of Holland has granted the Royal Order of the Union to twelve Danish officers, who distinguished themselves at the capture of Stralsund. Lieut. General D'Ewald has received the grand badge of the order.
PARIS, September 24.—News from Luzerne states, that the convent of St. Lucie, near Core, has been possessed by an armed force of the Caten, on account of the rumor, that a cason of powder had left the convent for Engadina, from whence it was to have been transported to the Tyrol. The line of neutrality, established on the frontiers of Switzerland, on the side of Tyrol, performs the task assigned it most rigorously. Every one suspected, is examined with the greatest care.
WILL be sold to the highest bidder, on Friday the 22d day of December, at the plantation of the late William Atkinson in the county of Powhatan, 4 Horses, 50 head of Cattle, 40 head of Sheep, 4 head of Hogs, 200 Barrels of Corn, the crop of Fodder, the Plantation Utensils, Household & Kitchen Furniture, and about 80 gallons of Brandy. Twelve months credit will be given for all sums above twenty dollars, on which bonds with approved security will be required to carry interest from the date if not punctually paid. At the same time and place will be sold for cash, two thousand weight of Pork.
THE EXECUTRIX. December 14.
The Enquirer. RICHMOND, DECEMBER 14, 1809.
[FOR THE ENQUIRER]
NO. II.
Thoughts on the necessity of a change in the laws relating to the Court of Appeals.
In examining the organization of the court of Appeals, the first and most striking objection, arises from the fewness of the judges. This defect will be found on inquiry to have a most extensive influence, in almost every aspect, in which the subject can be viewed.
There are so few judges in the court, that it may often happen, that two of them, may be disabled by indisposition, from attending. This would of course prevent the court from sitting. It may also, often happen that two of the judges from relationship, or connection with one of the parties, or from having an interest in a case, involving a similar question with that before the court, will refuse to sit: this would necessarily prevent the court from deciding the cause.
Thus a variety of circumstances will often intervene, which will either prevent the court from holding its sessions, or impede its decision of particular cases. That a frequent liability to such a state of things, is a serious objection to the present arrangement, must be obvious to all.
But if the court was not exposed to great inconvenience, from the causes which have been stated, there are other evils of no less magnitude, arising from the smallness of its numbers. It ought to be recollected that the court of Appeals, is a court of the highest appellate jurisdiction, and in the last resort. It is of the greatest importance, that the decisions of such a court, should not only be distinguished by wisdom, but that a conviction should be impressed on the minds of the people in general. The prevalence of such a belief, would make their decisions respected, it would tend to quiet titles, prevent litigation and insure the repose and tranquility of society.
Inferior courts as well as individuals would receive with veneration, and obey without repining, sentences which they believed to be oracles of truth and wisdom. These are the great benefits which arise from an appellate court of final jurisdiction, and every thing which tends to diminish these advantages impairs the utility of the court itself. The court of Appeals as now established, is liable to great objection, in this view of the subject. An appeal may be entered from a Chancery court, fixing a principle, which has been successively sanctioned by each of the Chancellors; the court of Appeals, if full, may be two for reversing, and one for affirming the decree. In such a case the principle of the decree, will have been approved by three chancellors, and one judge of the appeals, and yet will be reversed, and a different principle established by the judgment of two judges of the court of Appeals.
It is believed that a decision under such circumstances, will be received with such veneration by the people, as ought to be paid to the decrees of the supreme appellate court, or carry with it such evidence of rectitude, as to induce a belief that it is a just exposition of the law.
But this objection is susceptible of a still stronger illustration. A principle may be recognized by every judge of the General court, either at a conference at the General court, or on a case adjourned to that court under the act of Assembly, or it may be decided by each judge successively in his circuit, & finally upon an appeal to the court of Appeals, it may be reversed by the decision of two judges against one. Thus two judges may decide contrary to the opinion of fourteen others. It may even happen that the opinions of the three Chancellors, may coincide with those of the General court, since the Chancery courts have a right to send questions of law which may arise in their court to be decided on by the General court; in such cases it may happen that two judges of the court of Appeals may over rule the known opinions of all the judges of the General Court, of the three Chancellors, and one of the judges of the Appeals. In such conflicts of opinion, the public mind, would not rest satisfied with the rule, which should be laid down in the appellate court. In England whose judges and lawyers are distinguished by profound legal erudition, and whose judicial polity has been matured by the experience of ages, the Court of King's Bench, which has an extensive appellate jurisdiction, consists of four judges; questions of great magnitude, or intricacy, are frequently adjourned to the Court of Exchequer Chamber, which consists of the judges of the King's Bench and Common Pleas and the Barons of the Exchequer, and in the last resort an appeal lies to the House of Lords which can command the aid of all the judiciary ability of the kingdom. The consequence is, that questions of law settled with so much solemnity, and confirmed by the concurrent sanction of so many of the ablest lawyers in the kingdom become binding precedents, whose authority are neither questioned by the people nor the courts. It is therefore conceived, to be a fatal defect, in the present arrangement of the court of Appeals, that although the judges are confessedly able & enlightened, their decisions will not always carry with them that dignity and weight, which would attend them, if they proceeded from a more numerous body.
The observations which have already been made, proceed upon the idea, that all three judges of the appeals will be present. But it will often happen, but two can attend, and if all are present, that some may decline to sit, from relationship, interest, or other causes. When divided in sentiment, and then the opinion of one judge, will fix the principle on which the cause is to be settled. In this division of sentiment, the public opinion may often question the propriety of the decision, and indeed the court itself will not consider such decrees as result from a division, as entitled to the authority of precedents. Hence there will be fluctuation and uncertainty as to what the law in such cases is, and the baneful consequence of such a state of things will affect both the community and the court itself. It will also frequently happen, from two judges forming a court, that its proceedings will be rendered nugatory. For though the law declares that where the judges of the Appeals, are divided as to the affirmance or a decree, that it shall operate to affirm the decision appealed from, yet this provision is confined to cases where the court are divided on the question of affirmance or reversal merely. It may however often hap-
pen, particularly in Chancery causes, that the court may agree that the decree ought to be reversed, and may differ in opinion, as to the decree which ought to be substituted. In such an event, the court would be completely at a stand, and no decree could be entered. That this case will frequently occur, must be obvious to all, who reflect what an infinite variety of details exist in chancery suits, which will have an effect on the modification of the decrees to be entered.
These inconveniences, to which the present arrangement of the court of Appeals will expose it, and the delicate situation, in which the great degree of responsibility thrown on the judges, will often place them, will have a necessary tendency to embarrass their proceedings, and prevent their carrying on the business with that confidence and alacrity, which would result from the body being more numerous. Nor will it escape the notice of an enquirer into this subject, that the investing a very few, however able and upright, with the power to reverse and control the sentiments of so many judges, is inconsistent with the spirit of our institutions, as exemplified in every other department of our government. Indeed there can be no question, but that the judges themselves, would feel great relief and pleasure from the assistance of an additional number of judges, whose aid and co-operation could not fail to give additional weight and efficiency to their proceedings.
VIRGINIA LEGISLATURE.
EXTRACTS FROM THE JOURNALS OF THE HOUSE OF DELEGATES.
TUESDAY, Dec. 5th.
Committees for Courts of Justice—of Privileges and Elections—of Propositions and Grievances—of Claims—were respectively appointed.
Committees were also appointed, to examine the Armoire—to examine the Executive expenditure of the last year—to examine the Clerk's Office.
A petition was presented and read from Dudley Evans of Monongalia county, complaining of the undue election and return of John Fairfax, one of the Delegates returned to serve in this present General Assembly from the said county; Referred to the Committee of Privileges and Elections.
A petition was presented and read from sundry inhabitants of the county of Mecklenburg, praying certain alterations in the days for holding courts in the said county—Also a petition of William Baskerville, clerk of the superior court of law of the county of Mecklenburg, praying that for reasons stated in the said petition, he may be authorised to keep the office of the said court, at the place where the county office is at this time kept; Also a petition of Anne Elliot Mackie, widow of Robert Mackie, late of Halifax county, dec'd. administratrix of the said Robert and guardian of his infant children, praying that certain real estate of which the said Robert died possessed, may be authorised by law to be sold, and the proceeds thereof appropriated in a certain way for the benefit of the said widow and orphans; All which were referred to the Committee of Courts for Justice.
A petition was presented and read from a number of the inhabitants of the town of Berryville and its vicinity in the county of Frederick, praying the passage of a law to incorporate the trustees of an Academy in the said town—Also a petition of John Wimbish and other inhabitants of Halifax county, praying that the said John may not be compelled at this time to construct a lock in his mill dam across Banister river, for reasons in his said petition mentioned—Referred to the committee of Propositions and Grievances.
A petition was presented and read from John Harper of Elizabeth City county, praying to be placed on the pension list—Also a petition of James Lindsay, of Madison county, praying to be placed on the pension list—Referred to the Committee of Claims—A petition was presented and read from John Mitchell of Hampshire county, praying that for reasons in the said petition stated, he may be authorised to remove certain slaves from the state of Maryland into this state; Also a petition of William Gill, praying that he may be authorised to remove certain slaves from North Carolina into this state; Also a petition of Abraham Walters of Halifax county, and of sundry other persons, praying that the said Abraham may be authorised to remove certain slaves into this state; Also a petition of James M'Neely, of Halifax county, and of sundry other persons, praying that the said James may be authorised to remove certain slaves into this state—Referred to a committee.
A petition was presented and read from Elizabeth Dryden, praying to be divorced from her husband William Dryden, for reasons in the said petition stated—On motion, Ordered, That the said petition be laid upon the table.
WEDNESDAY, Dec. 6.
A petition and memorial was presented from sundry inhabitants of the counties of Loudoun, Hampshire, Shenandoah and other counties, praying the passage of a law, making certain alterations in the judiciary system of the commonwealth, particularly in annexing to the present circuit judges chancery jurisdiction, and increasing the number of the judges of the court of appeals to five; Ordered, That the said petition and memorial be referred to Messrs. Noland, Packer, Preston, Pendleton, Lindsey, Black, Burn, Gaines, Green, M'Campbell, Otey, White, Strickler and Tate (of Jefferson) that they do examine the matter thereof, and report the same with their opinion thereupon to the House.
A petition was presented and read from William King, praying to be divorced from his wife Nancy; Also a memorial of the said Nancy in opposition thereto—Also a petition of the overseers of the poor and other inhabitants of Middlesex county, praying that a certain tract of land, willed by Alexander Frazier (who died some time since in said county) to the purposes of a free school, may be sold, and the money arising from such sale vested in the bank or in some other way, so that the interest may be applied to the purposes of said school—Also a petition of Charles Mullan, praying to be divorced from his wife Maria—Also a petition of David Doyle, of the city of Richmond, praying that the real estate, lying in this commonwealth, of which Richard Smyth, who died during the last summer, was possessed, may be vested in the petitioner—At a petition of William Croxton, of Brooke county, praying to be divorced from his wife Mary—Also a petition of William Howard, of Amherst county, praying to be divorced from his wife Elizabeth—Also a petition of William H. Walker, guardian of Edmund H. Vaughan, praying that he may be authorised to remove into this state from North Carolina, certain slaves the property of his said ward—Referred to the committee for Courts of Justice.
A petition was presented and read from sundry inhabitants of Montgomery county, praying that a town may be established on the lands of William McDowell, in the said county; Also a petition of John Askin, of Fluvanna county, praying that he may be authorised to erect a dam for working mills or other machinery, from his land, owned by David Ross on the opposite side, with a proper lock and slope in the same to secure navigation and the passage of fish; Also a report and memorial of the president and directors of the Dismal Swamp Canal Company, praying a revision of the tariff of tolls for passing the said canal, and that the same or part thereof may be raised; Also a petition of sundry inhabitants of the county of Harrison, praying for a division of the said county; Also a petition of sundry inhabitants of the town of Bethel, in the county of Amherst, praying for an extension of the time for improving the lots in the said town; Also a petition of certain inhabitants of the counties of Wythe and Washington, praying that a part of each of the said counties may be added to the county of Tazewell; Referred to the Committee of Propositions and Grievances.
Petitions were received from John Aleston, Thomas Porter, William Tunstall, George Chapman, William Draper, Margaret R. Robins, James Taylor and James Boyd, on the subject of being authorised to introduce certain slaves into this commonwealth; which petitions were referred to the special committee to which was heretofore referred certain other petitions on the same subject.
Ordered, That leave be given to bring in a bill, "to suppress duelling," and that Messrs. Noland, Packer, Buckner, Daniel, Stith, Rutherford and Pranty do prepare and bring in the same.
THURSDAY, Dec. 7.
The Speaker laid before the House a letter from the Governor, covering one from the president and directors of the Dismal Swamp Canal Company; also a copy of the memorial addressed to the present General Assembly; and the said letter with its inclosures being read, were on motion, ordered to be referred to the committee to whom was referred the said memorial.
The Speaker laid before the House a letter from the Governor, covering a memorial from the free people of color, of the borough of Norfolk, on the subject of the law relating to people of their condition, and the said letter with its inclosure being read, was, on motion, ordered to be referred to the committee for Courts of Justice; who are to take the matter of the said memorial into consideration, and report the same with their opinion thereupon to the House.
Mr. Cabell from the Committee for Courts of Justice made the following report:—The Committee for Courts of Justice have, according to order, laid under their consideration several petitions to them referred, and have come to the following resolutions thereupon:
1. Resolved, as the opinion of this committee, That the petition of sundry inhabitants of the county of Mecklenburg, praying that the court day of the said county may be changed from the second to the third Monday in each month, and that the quarterly sessions of the said court may in future be held in the months of Feb and June, instead of the months of March and May, in every year, is reasonable.
2. Resolved, as the opinion of this committee, That the petition of William Baskerville, clerk of the county court and superior court of law of Mecklenburg, praying that an act may pass, authorising him to keep his office, as clerk of the said superior court, in the house at present used by him as an office of the said county court, until the court of the said county shall cause an office to be erected agreeable to law, or until a town shall be established at the courthouse of the said county, is reasonable.
The said resolutions being severally read a second time, were agreed to by the House.
Ordered, That bills be brought in pursuant to the said resolutions, and that the Committee for Courts of Justice do prepare and bring in the same.
A motion was made that the House should come to the following resolution:
Resolved, That this House will on Saturday next, proceed by joint ballot with the Senate, to elect a Judge of the General Court, to supply the vacancy occasioned by the death of the late Joseph Prentis, Esq.
On motion, Ordered, That the further consideration of the said resolution be postponed to the 1st day of January next.
A petition was presented and read from John Pittman, of Buckingham county, complaining of the undue election and return of David Patterson, one of the Delegates returned to serve in this present General Assembly from the said county; Referred to the committee of Privileges and Elections.
On Tuesday, Mr. Noland (from the special committee) reported to the H. of D. a bill, for restoring the court of appeals to its former number of judges—5.
Yesterday, Mr. Joseph Selden was elected to represent this County (Henrico) in the present H. of D. vice Gervas Storr, Esq. appointed High Sheriff.
"The Exposition" concluded in this day's paper, is eminently worthy of perusal.
For several M. S. articles, see the last page.
THE PUBLIC are respectfully informed, that JOHN FIELD'S new occupies the stand of Geo. Watson, on the cross street leading to the Basin—where any thing in the "science" of OPTERS, BEER, or RELISHES, are prepared in the best style by night or day, at a moment's warning.
December 14. 45
Richmond Theatre.
On Friday Evening, December 15, 1809, will be presented (for the first time here) an Historical Melo Drama, called the
INDIAN PRINCESS;
OR THE
FIRST SETTLEMENT OF VIRGINIA.
(With new decorations and scenery, painted for the Drama by Mr. Holmes.)
AFTER THE PLAY.
Sang—Tom Starboard, without ac? Mr. FOX
complement.
Comic Song—The Sprig of Shalalah, Mr. SOLLIT
To which will be added the favorite Farce of
The Village Lawyer.
Doors to be opened at 5, the Curtain to rise at 6 o'clock.
In future the days of performance will be on Monday, Wednesday, Friday and Saturday.
December 14, 1809
WANTED for the ensuing year, a male House Servant.—For one who is active, industrious and honest, liberal hire will be paid. Apply to the Editor of this paper. December 14.
THE Subscriber wishes to hire for the ensuing year, five or six NEGRO COPIERS and a few Boys—He will also be in the habit of purchasing a few acres of good quality, for which the highest prices will be given.
M. GRANTLAND.
December 14.
NOTICE —Will be sold to the highest bidder, on Friday the 22d day of December, at the plantation of the late dwelling of captain B. M. Franson, dec'd. (of this county), a quantity of Corn, Fodder and Shucks; also some Hogs and Cows—and on the day following (at the Saw Mill) a considerable quantity of Plank. Six months credit will be given to the purchasers for all sums above five dollars, on giving bond with approved security, with interest from the date—For five dollars and under, cash will be required—For one last mentioned day the Saw Mill belonging to the said estate, will be rented for the year 1810, and possession given the 1st January 1810. Further particulars will be made known on the day of renting.
NAT. PERKINS, Adm'r of BENJ. JOHNSON, dec'd.
P. S.—It is earnestly hoped and requested that all persons having claims against the said estate, will make them known on or before the 1st of January next.
NAT. PERKINS, Administrator.
Henrico, December 14, 1809.
JUST RECEIVED , a general assortment of DUTCH BOLTING CLOTHES of superior quality—Also, two PLANO FORTES.
J. DARMSDAT.
Richmond, Dec. 14.
EDUCATION —The subscriber offers his services to the public for the ensuing year to instruct boys and young men in the following branches of Literature, viz. Reading, Writing and Spelling the English language with propriety—the Latin and Greek Languages, History, Geography with the use of the Globes, the Elements of Natural Philosophy, the Elements of Geometry with practical surveying, Arithmetic, Vulgar and Decimal with Algebra. The price of board, tuition, washing, bedding and fuel, will be an hundred dollars for the term, paid quarterly in advance, to commence on the fifteenth of January and expire on the tenth of December next, with the usual vacation. He hopes from his success, experience and acquaintance in his profession, to obtain that share of the public patronage which he merits.
TEOS. NELSON.
Humanity Hall, forks of Dan over. Dec. 14, 1809. w3w4
BY virtue of a Deed of Trust executed by John Dennis, to the Subscriber, bearing date the 28th day of July 1807, of record in the County Court of Richmond, for the purpose of securing the debts due to Ezekiel Levy therein mentioned—Will be sold at the plantation at present occupied by the said John Dennis, on Farmhouse Creek, in the County of Richmond on the 3d day of January next, if fair, otherwise the next fair day, to the highest bidder, under the provisions of the act of Assembly passed last session entitled "An act concerning executions and for other purposes," the following property described by the said Deed, to wit: Schooner Henry of Tappahannock, with all her tackle, apparel and sundry negroes, whose names are, Sarah, Sam, George, Hannah, and Joe, three horses, ten head of cattle, and five feather beds and furniture, or so much of the said property as will raise the sum required.
B. MCCARTY, Trustee.
Richmond County, Dec. 14.
EDUCATION —John B. Duke respectfully informs his friends and the public in general, that he intends to continue his school the ensuing year, at the house of Mr. John Poindexter, on the Roundabout creek in Louisa county. He will teach the English, Latin, and Greek Languages, Arithmetic, Mathematics, Geography and History. The price of tuition for any of the above mentioned branches of education will be twenty dollars. His school will commence on the second Monday in January and will expire on the second Monday in December following. If diligence, fidelity and attention to the duties incumbent on him as a teacher, will entitle him to public confidence, he hereby pledges himself, that all these shall be devoted to those pupils who may be committed to his tuition. Mr. Poindexter, Mr. Francis Johnson, and several other gentlemen convenient to the school, will take boarders at the price of sixty dollars, to be paid at the expiration of the above mentioned term: washing, mending, lodging, fuel and every other accommodation will be afforded to those students who may board with either of the aforesaid gentlemen.
FRANCIS JOHNSON.
Louisa, December 14.
A DAY & EVENING SCHOOL —The subscriber will commence teaching on the 1st of January, 1810, and continue through the year. He will instruct youth in the English Language grammatically, Reading, Writing and Arithmetic in all its branches, Geography with the use of the maps and globes, and the first principles of useful learning in general.
The school will commence in the hour of six. Goodwin near the Baptist meeting house; but should the subscriber meet with an encouragement, a convenient house will be immediately procured, the frame of which is now ready. The bible will be occasionally read in this school, and Goldsmith's Geographical Grammar with maps has long been preferred by the subscriber as an introduction to the study of Geography. The principal aim of the subscriber is the establishment of a respectable English school, but as he approves of educating youth in the Latin grammar in connection with the English, a new Latin School will be received with pleasure.
JACOB GRIFFIN.
N. B.—An Evening School will be occupied by the subscriber on the day above mentioned and continue three months. Young gentlemen whose avocations preclude the possibility of attending a day school will be cheerfully received.
Likewise, Mrs. Goodwin continues to keep school as heretofore, in her own house. The terms of tuition in the above schools may be known by application to the subscriber.
J. G. Richmond, December 14. w3w25
EDUCATION.
THE subscriber intends to continue his school in the Forks of Hanover, the ensuing year, where he offers to teach spelling, reading, writing, arithmetic, English grammar, geography, the use of the globes, rhetoric, natural philosophy, geometry, and the French language. The price for board, tuition and washing, will be $7.75 payable half yearly. The term will commence the tenth of January, and end the tenth of December. Vacation one month, beginning the tenth of June. This school will be critically examined in June and December.
JAMES BYARS, Jr.
November 21.

Miscellaneous.
TO THE EDITOR OF THE ENQUIRER.
SIR,
A petition being now before the Legislature for imposing a Tax on dogs, and as it is probable from this attempt having failed for several sessions; that it may now experience the same fate, permit me through your paper to make a few observations on this subject, to the members of the Legislature.
It is certainly desirable at all times, and more especially in the present alarming crisis of this country, that every encouragement should be given to the farmer to raise and improve his Sheep. The great importance of the increase of wool for manufacture, will not be denied. It is a fact no less true, that there are an immense number of dogs of no possible utility whatever; and it is equally certain that the number of sheep destroyed by dogs is very considerable, that in many parts of the State the number of Sheep destroyed by the Fox and the Wolf is greater than by the dog. As this is a very serious argument against taxing the dog, permit me, Sir, to propose the following plan, which will, I am confident, diminish the number of useless dogs, and also the number of foxes and wolves. Let a tax be imposed on dogs, and the money arising therefrom, appropriated to a bounty on foxes and wolf skins. The consequence would be, that in those parts of the country where there are few foxes, the number of dogs would be diminished by the operation of the tax; in those counties where the fox abounds, the rearing of good dogs would be encouraged, so as to destroy the fox and wolf—and the premium allowed on the skin, would more than pay the tax imposed on the dog; the useless, and pernicious dog would here also be destroyed in those counties where the fox did not abound.
When this subject is mentioned, it is generally spoken of in a contemptuous manner: it is called a pitiful and contemptible tax. But let me remark that no project is below the attention of the Legislature, which serves to increase so valuable an article as that of wool. I will ask you, if the farmer has not as much right to the protection of his sheep, as the sportsman of his dog. It frequently happens that sheep are worried and destroyed by dogs in the night, and indeed this is most commonly the case, when it is impossible for the farmer to identify the dog committing the depredation, so as to get redress from the owner—and admitting that the amount of the sheep is recovered from the owner of the dog; the injury to the community remains the same.
To conclude, it is a fact well known to the writer of this sketch, that many have been deterred from paying the high price that is demanded for the Merino Sheep, and also for the Barbary, by the apprehension of their being destroyed by dogs.
Under these circumstances it becomes the duty of the Legislature to examine well the grounds of his objection to a law which would so effectually tend to the encouragement of sheep, the destruction of useless dogs, and of the wolves and foxes.
HUMPHRIES.
For the Enquirer.
It is truly surprising, and not less to be lamented, that the state of Virginia, so respectable and so conspicuous in politics, has always been as remarkably backward in the pursuit of general science, and especially in the promotion of means calculated to disseminate medical knowledge. Is it because politics are more evidently the concern of the whole world, or that men meet every day with occurrences, which are calculated through the medium of the more active passions, to rouse a spirit of investigation exclusively upon that subject? Surely the present condition of society affords various objects, as well calculated to keep alive the most disinterested benevolence, and through a far more dispassionate medium.
Since it is the co-operation of various talents in a diversity of employments, which produces the happiness attainable in society; we should take care to turn the whole force of each talent exclusively to its proper object, and thus by making the division of labour as complete as possible, give to every occupation the greatest possible opportunity of improvement.
I would suggest to the medical gentlemen of Virginia, the formation of a society, the precise views and extent of which, may be determined upon at the time of its establishment. It is true, a Polemic Society cannot be expected to go into operation immediately, but this no doubt will be the result in time. I conceive, however, that great utility would result from having an association of physicians, if merely for the purpose of receiving communications, to which such an establishment would certainly give rise.
We know not how many men of genius there are, immersed in the obscurity of country practice, who for the want of some such inducement and opportunity for communicating their observations, die in possession of that, which might otherwise have been to society the most valuable legacy. Indeed it ought to be a sufficient inducement for such an establishment, to bring together the physicians of Richmond; for it has been ascertained, that men however learned, become, if not indolent, at least unambitious to improve in knowledge, so long as they neglect to associate with others of like talents and pursuits.
A street conference can at no time be sufficient to afford an opportunity for communicating important facts relative to practice; much less will it allow conversations about principles in medicine. Newspapers are at some times made the vehicles for medical communications, but in such instances, the subject is too often glanced at with the same indifference, as the most trivial occurrence to be met with, especially if it should not happen to be an account of monstrosity, or some unusual nature.
If there were a committee appointed for the purpose of receiving communications, and selecting such as might be deemed worthy of publication, greater attention would not only be paid to such as were sanctioned and published, but the first step would be taken towards the formation of a society, which might, perhaps, arrive at the greatest importance and utility. Many of the most useful improvements in agriculture, have been made in consequence of the aid which chemistry (one of the branches most intimately connected with medicine) has afforded. The working of mines, in many parts of the world, a source of so much national wealth, manufactures, and indeed an almost infinite variety of occupations, are either entirely dependant on, or derive their highest state of perfection from the same source.
It may readily be supposed, that in Virginia, where there are so many medical gentlemen devoting a portion of their attention to agriculture, this most important of all human pursuits, must receive much improvement from an investigation of subjects, with which it is in such intimate alliance. The following is a familiar example of the disadvantage arising from the want of philosophical investigation upon this subject. Plaster stone, or Plaster of Paris, which is a most valuable manure to farmers owning lands of a certain quality, has been totally discarded from use, merely for want of some one to point out the particular nature of the soil and other circumstances rendering it useful or injurious. When the plaster was first recommended as a manure, every body was eager to give it a trial; but no one could properly be said to experiment with it; that is, it was not used on land of various descriptions, with a view of ascertaining the reason of its not working one soil as well as another.
The consequence unfortunately has been, that the disappointment is quite proportioned to the sanguine hope of success, and no farmer is now disposed to give it further trial.
The processes of bleaching and dying, which in all probability will soon claim much attention in this country, are strictly chemical. To point out, however, the advantages arising from chemistry in all the arts through which they might be traced, would far exceed the limits of my present design; and indeed to persons who have bestowed the least thought upon the subject, it must be quite unnecessary.
Do not suppose that an association having in view an investigation of subjects such as I have mentioned, must necessarily exclude such of you devote some portion of your time to politics, from indulging in that favorite science; for you may be led even in the temple of medicine, to contemplate its widely extended influence. Indeed, your attention will be directed to the consideration of the subject in that point of view, which the more immediately concerns you: I mean the influence of various forms of government, upon the passions, and upon the general history of mankind.
Such are a few of the chief considerations which have induced this address. To say any thing farther upon the subject, I flatter myself will be quite unnecessary; as every gentleman with whom I have conversed respecting it, seems to be perfectly satisfied of its importance. It has therefore only wanted some one seriously to call their attention to it; and if my zeal in this instance, though it may not be greater than that of others, should prove to be exerted in a more effectual way, I shall be perfectly satisfied.
MEDICUS.
Quis desiderio sit pudor aut modus tam Chari capitis.
Departed this life on the 26th of this month (Nov.) HUMPHREY B. BROOKE, of Essex county, in the fiftieth year of his age. Who can read the history of his death, and not feel for the baselessness of man, and who can read the history of his life and not shed a tear to his memory? Major Brooke was on his way to Bath county, to make sale of a piece of Land which had been secured to him by a laborious exertion of his professional talents. Being a surveyor of great reputation, he was employed in the year 1807 by a Mr. Beverly, to survey a large tract of land in the said county, whereof a certain portion was to remunerate him for his services. Having a large family to provide for, and every other avenue of comfort and convenience being shut to him from a long series of misfortunes, he had set out to dispose of this property. His innocence, his amiable and manly soul would not suffer him to arm himself against his fellow-men in his native state. It was about the close of the evening of the 15th that he was attacked near Hydes Tavern in Orange county, by a man supposed to be named Bledsoe, whose intention it seems, was both to kill and rob him: he was thrown from his horse by the assassin who never left him till he supposed him dead, both bones of his right leg were broken, his ankle strained and his left shoulder put out of place.
The most eminent Physicians were immediately employed to restore this worthy man to health and to society, but no diligence and care could heal his wounds.
To record with any degree of precision the great and many virtues of Major Brooke—would require the soft and delicate pencil of a Hume, or the still more glowing nerve of a Tacitus. He was so tender of his family, so steady and affectionate in his friendships, so pacific, so harmonious, and so benevolent in his intercourse with all mankind, that every heart vibrates with a responsive chord at the news of this awful catastrophe. Major Brooke had the benefit of a liberal education, and had devoted much of his time in his youth to the study of the dead Languages, which always afforded him a prolific source of intellectual amusement. For several years of his life he followed the profession of a Schoolmaster, and many instances of his talents are stamped on the hearts of his pupils. He has gone and no monumental marble tells where he lies, but his memory will long continue to survive in the bosoms of his numerous friends and acquaintances. He has left five children to lament his loss.
From the Charleston Times.
LAW CASE.
JAMAICA, 28. A quantity of American produce has been heretofore introduced and deposited at the port of St. Jago de Cuba, the property of merchants, citizens of the U. States.
On Thursday, the 21st of September, the Spanish schooner Maria Luisa, of Baptiste, Micheli, master, arrived in Kingston harbor, with a cargo consisting of 80 barrels herrings, 137 barrels corn meal, 67 barrels navy bread, and 36 barrels pilot bread, on account and risk of Messrs. Joel West & Co. resident merchants of Baltimore, and citizens of the United States of America, consigned to Messrs. Wilkinson and Gillbanks, of this city. The bill of lading by which these facts appear, is left herewith.
Upon the arrival of the schooner Maria Luisa, Mr. Gillbanks, one of the consignees, attended at the Custom House, with a manifest in the usual manner, but instead of being permitted to an entry, one of the customhouse officers was sent aboard the schooner, who seized her and the cargo, which latter was immediately landed. During the former American embargo Spanish vessels did import American produce from Spanish ports, and no obstruction was given to that trade.
The seizure of this vessel and cargo, if lawful, is an evil which may be extended to many others under similar circumstances, which are daily expected to arrive at this Island, and in consequence of the renewal of the American Non-Intercourse, may affect not only the individuals immediately interested, but the community at large, by stopping the means of procuring necessary supplies of such articles, through this channel. Mr. Gillbanks therefore requests your advice and opinion, as well respecting the present seizure, as to what may be done to obviate the evil in future.
Is this vessel and cargo liable to seizure and confiscation, for the breach of any laws or Orders in Council? And if strictly liable to seizure, any circumstances or means, by application to the governor or otherwise, to obtain the release of this vessel and cargo? And should she not be liable to seizure, what redress have Wilkinson and Gillbanks, or Joel West & Co. for such seizure? If this seizure is legal, are there any, and what steps can be adopted, to obtain legal permission for the importation into this Island, of American produce in Spanish vessels; or such license as would protect them from seizure whilst so employed?
Your advice generally, on this subject, is required.
ANSWER.
I had some doubts whether this vessel and cargo came under any of the orders in council.—But upon consideration, those doubts are in a great measure removed. The case is certainly hard, & arises entirely out of the peculiar situation of the commercial relations of the U. States.
The question is, whether a Spanish vessel may import a legal cargo belonging to American merchants into a British port, in the West Indies. I am inclined to think, that such a trade is protected by the 21, 34, and 4th sections of the order in Council of the 4th July, 1808. The 3d section gives all Spanish vessels free admission into British ports, as before the war. The 4th declares that all Spanish vessels shall be suffered to carry on any trade, now considered by his
Majesty to be lawfully carried on by neutral ships.
There can be no doubt that this cargo might have been lawfully imported in an American vessel, both under the order of council of the 11th April, 1803, (which is not repealed by the latter order of 24th May, 1809,) and the existing proclamation. The 4th section, which I have quoted, gives the same privilege to Spanish vessels, and neutrals; in both cases, the British almost equally sacrifice the monopoly and carriage of provisions, and it was compelled to do so, in order to induce the Americans to continue the supply, notwithstanding the embargo and non-intercourse laws. It was obvious that this supply could scarcely be carried on in American bottoms but it might in Spanish vessels, therefore this privilege was confined to the latter—still, however, a doubt remains whether the present Court will consider itself bound by these orders in council, which are certainly in violation of the navigation acts, & the validity of which has been questioned more than once by the present Judge.
I recollect a case in which British goods had been imported from this Island in an American vessel, to Cuba—she was detained and libelled. I considered that both were protected by the order of council, of the 11th Nov. 1807, which declares that all British manufactures should be restored, on whatever voyage bound, and to whoever the property belonged. This Judge took two days to consider the question—and after much hesitation came to this resolution, that his Majesty in Council could not alter nor modify an act of Parliament. The vessel and cargo were condemned. The imperative obligation of these orders is not questioned in the Prize Court—but that court is especially constituted by his Majesty, and in some measure under his control and will only. And if the court decided on the orders to which I have referred, both vessel and cargo will be acquitted. If, on the navigation act, their fate is inevitable, it is too late now to make any application to the Governor.
(Signed)
A. WHYTE.
BALTIMORE, Dec. 7.
Extract of a letter to the Editor, dated
WASHINGTON, Dec. 5.
There is nothing of importance before the house. Early adjournments are made, to allow the committees time to arrange and report on the business before them. It is probable, that in the course of next week the two most important reports will be presented to the senate and the house, by their separate committees of foreign relations—conjecture would make something like an impartial retaliatory commercial warfare the great measure which will be adopted.—This, in these extraordinary times, will present the extraordinary spectacle of a state of belligerent neutrality, if a new phraseology be allowable. I do not think that any other species of warfare will be hazarded at present.—Amer.
NEW YORK, Dec. 5, 1809. Letters from the Teazer, in 15 days from Antigua, state that the British are making preparations to take Gaudaloupe, St. Martins, St. Eustatia, and probably St. Bartholomews!!!
NOTICE—In virtue of a decree of the county court of Henrico, I shall, on Tuesday the 9th of January next, upon the premises, about 12 o'clock, expose to sale, by public auction, to the highest bidder, the HOUSES & LOTT lately occupied by Marks Vandewall as a post office in this city, adjoining the Globe Tavern—the said Lott is subject to a ground rent of £20 per annum for ever. The terms of sale will be one third in cash, one third in six months, and the residue within twelve months. Bonds with approved security will be required for the two last payments, and the title remained in the commissioner until the payment is made agreeably to the provision of the said decree.
DANIEL VANDEWALL, Com'r. Richmond, December 7. w4w
THE Subscriber, residing in Amelia, intends on the first day of Jan. next, to open a boarding SCHOOL, at Pridesville, (about 5 miles N. West of the Court-House,) where he will teach the English & Latin languages, History, Mathematics and Geography. The board for each student will be $70 per year; tuition for those who learn Latin or Mathematics, $25, and for English $20, for washing, & $12 per year, the student finding his own bedding and candles. One third of the board money, and one half of the tuition to be paid on the 10th day of July, and the balance at the expiration of the year. The situation I have selected, is high and healthy, and the houses numerous and commodious, and admirably calculated for the reception of students.
JOHN L. TOWNES. November 3. w8wp
EDUCATION—The subscribers propose opening a Boarding-School, on Wednesday, the 10th day of January next, at the late dwelling of their father, the Rev'd. Matthew Maury, in the county of Albemarle, where they will instruct Young Gentlemen, in the Latin, Greek, French and English Languages, upon the following terms: Their price for board will be eighty dollars, for tuition, $33-1-3, and for washing & mending $12, payable half yearly, each boarder finding his own bedding. The qualifications of one of the subscribers have been proven by five years experience in this line of business. The other has been educated in the same School, and wants nothing but a few months experience to render his qualifications fully equal. The advantages of the situation are manifestly great, it being in the heart of a healthy and polished neighborhood, and far removed from every incentive to vice and dissipation. The subscribers, deeply impressed with the great importance of the duties which they have assigned themselves, pledge all their powers for their performance. They have a tolerably extensive and well selected Historical Library, which shall, (during the winter nights,) be used under their superintendence, for the benefit of their pupils. Should any of those gentlemen, who have patronized the labors of F. Maury, at the Green Springs, in Louisiana, choose to place their sons or wards with the subscribers, their bedding, books, &c. shall be removed to this place gratis. Communications directed to the subscribers, Linney's Store, Albemarle county, will be immediately attended to.
THOMAS W. MAURY, FRANCIS F. MAURY. September 12. wif
IN CHANCERY—At a Court held for Cumberland County, the 27th day of November, 1809.
William Moore & Mary his wife, Plaintiffs—Against John Hudson, Henry Moore Hudson Thomas Hudson, Francis Hudson, William Hudson, Samuel Hudson, Wm. Taylor and Rebecca his wife, and John Ballow and Elizabeth his wife, legal representatives of William Hudson, deceased.
This day came the plaintiffs by their attorney, and it appearing to the satisfaction of the court that two of the defendants, Henry Moore Hudson and Francis Hudson, are not inhabitants of this state, on the motion of the plaintiffs by their counsel, It is ordered, that the said defendants do appear here on the first day of February term next and answer the bill of the plaintiffs, or the same shall then be taken as confessed, and the matter thereof decreed accordingly, and that a copy of this order be forthwith inserted in some one of the newspapers published in the city of Richmond, and posted at the front door of the court-house of this county.
A Copy Attest, MILLER WOODSON, Jr. D. C. C. December 9. w2m
RETAIL NIGHT AUCTION.
THE Subscriber has opened a RETAIL NIGHT AUCTION, for the sale of DRY GOODS, GROCERIES, BOOKS, or any articles his friends, or the Public in general, may favor him with. He intends selling in large or small quantities, most for the advantage of owners or convenience of purchasers: And he hopes from the particular attention and punctuality, he is determined to pay to the business, to merit the patronage of a generous public.
November 14. RICHARD BROOKE. oaw1m
ON Wednesday, December 27, 1809—At the late dwelling-house of Nathaniel Lancaster, dec'd. about ten miles above the court house, in Prince Edward county, on Appomattox river: Will be sold, to the highest bidder, the following PROPERTY, belonging to the estate of the deceased, a valuable stock of Horses, Cattle, Hogs and Sheep, the plantation Utensils household and kitchen Furniture, too tedious to mention.
Also: Nine valuable NEGROES; also, the crop of Corn, Wheat, Oats and Fodder. A credit of twelve months will be given the purchasers, on their giving bond, with approved security. All those who have legal claims against the estate of the deceased, will be pleased to exhibit them duly authenticated, on or before the day of sale, to enable the administrators to make provision for their payment. All those who are indebted to the estate, will see the necessity of immediate payment, as it must be evident no indulgence can be given.
JOHN LANCASTER, ROBERT LANCASTER, } Admrs. August 18. wif
EDUCATION—The SCHOOL at the F. R. Mill, will be continued the ensuing year, under the direction of Richard and Brooke Hill, in which will be taught Reading, Writing, Grammar, Arithmetic, Geography, the use of the Globes, Mathematics, with its application to surveying, & Ferguson's and Blair's Lectures, and the Latin language. The price for board will be $75—Tuition $25, to be paid quarterly; each boarder finding his own bedding. Books will be furnished if requested, by Parents and Guardians. The School will begin on the 15th January, and end on the 15th Dec following. King and Queen, Nov. 24. w6w
THE Subscriber has recently obtained licence as an Auctioneer in this city, his office is in Mr. James C. Anthony's large fire-proof building near Sho-Koe-Warehouse, where he offers his services to the public to purchase and sell Bank Stock, Good Notes, all kinds of Goods, Wares & Merchandise, Lands, Tenements, Tobacco, Flour, &c.
He will always consider it his duty faithfully to observe the interest of those who may honor him with their confidence, and neglect no opportunity to promote aim in their esteem.
BARTLETT STILL.
All kinds of Goods and Produce, stored and delivered on the shortest notice by B. S. wif
December 1.
M. & B. MYERS, OFFER FOR SALE—Muscovado and Havana Sugars, Imperial and Hyson Teas, Old Madeira Wine, Almonds, Cordials, Ginger, Pepper, Pimento, Havana Cigars, Capers, Window Glass, Paints, Printing and Wrapping Paper, De Silver's Playing Cards, German Oznaburgs, Raven's Duck, Cotton Shirtings, Hosiery and Dimities, and DUTCH BOLTING CLOTHS of best quality.
ALSO—JUST RECEIVED, 15 casks mountain Malaga Wine, 115 boxes and kegs of Raisins, 10 kegs Figs, and a few jars of Spanish Olives. December 7. 2aw4t
ON the 21st day of December next, if fair, if not the next fair day, will be sold, at the dwelling-house of the late George Garner, in the county of Westmoreland, about sixteen likely NEGROES, and the present year's crop of corn, &c. which property will be sold pursuant to a deed of trust, made by George Garner for the purpose of securing the payment of his debts. The sale will be on a credit of twelve months, the purchasers giving bond with approved security. If the negroes and crops do not sell for a sufficient sum to pay the debts of the said Garner, the subscribers will, on the day after the sale of the negroes and crops, sell all or so much of the land conveyed in trust for the above purpose, as will make a sum sufficient for the payment of the debts of the said George Garner. All such creditors as may exhibit their claims to the subscribers before the said 21st of December next, properly authenticated, and which the subscribers may consider legal and just, may purchase at the said sale, and shall be allowed a discount of their claims, against their purchase.
THOS. STOWERS, } Trustees. JAMES COX, } Westmoreland County, } October 24. tds
NEW STORE. THE Subscriber is now opening opposite the Globe Tavern, a general assortment of Piece and Fancy Goods, amongst which are, Superfine and Common Broad Cloths, Do. do. Cassimere, Do. do. Coatings, Flannels, Fancy Vesting, Red and Black Bombazetts, Worsted, Cotton and Silk Hosiery, Ginghams, Cotton Shirtings, Irish Linen and Dowlass, Fine and Common Printed Calicoes, Velvets Cords, Umbrellas, Threads, Sewing Silks, Extra long White and Colored Kid Gloves, White and Colored Habit, do. Cambric Muslins, Plain and Leaded Mull do. Spider Nett, & Fancy Crape, do. Knotted & Sprig Leno do. Diagonal and Veined do. do. Elegant Worked Dresses, Ditto Silk Shawls and Handkerchiefs, Black plain and plain Colored Lustrings, Plain Silk and Fancy Cut Velvets, White Satin and Crape.
JOHN WOOD. November 14. tf
TWO hundred NEGROES for sale—Will positively be sold at Christopher Owen's Tavern, in the town of Urbanna in Middlesex county, the above quantity of Negroes belonging to the estate of Philip L. Grymes, Esq. of Brandon, dec'd. among which are, House Servants, Cooks, Carpenters, Blacksmiths, Coopers, &c. &c. and also, 4 ox Carts with Chains, &c. and 24 of the most valuable Oxen belonging to said estate.
Thirty of the above Negroes will be sold for cash, the balance with the Oxen, &c. will be sold on a credit of nine months, the purchaser giving bond with approved security. The Sale will commence on the 9th of January next, (if fair, if not, the next fair day,) and will continue from day to day till all are sold.
The cash sales will commence on the first day. All legal creditors are requested to purchase the amount or any part of their respective claims ROBERT WEST, Administrator, &c. of PHILIP L. GRYMES, dec'd. Woodville, Gloucester, November 28. tds
THE subscribers offer for sale, a very general assortment of GROCERIES, which they will dispose of on moderate terms, for cash, country produce, or approved paper. Also, 62 kegs F and FF Brandy Wine Gun-Powder.
A Copy Attest, WHITE & SHELTON. October 10. u
VALUABLE LAND—FOR SALE—The Subscriber, intending to remove to one of the southern states in the course of fifteen or eighteen months, offers for sale, the tract of LAND on which he now dwells. It contains, by a late survey, about eleven hundred and eighty acres, of which six hundred and fourteen, are yet in woods. The soil is peculiarly suited to the production of wheat, and is excellent for corn and tobacco. The situation is remarkably healthy, and is only one mile from the navigation of Appomattox. Those who wish to purchase a good Tract of Land, at a reasonable price, are invited to view this property. If it should not be sold, by private contract, before the sixth day of January next, it will then be put up to the highest bidder, at Farmville, on a credit of one and two years.
PETER JOHNSTON. Prince Edward, Nov. 28. 4w
CHEESE, HATS, SALT-PETRE, GUN-POWDER—A consignment of Coloured Cheese of superior quality, in casks and boxes, just received.
A large and general assortment of gentlemen's Silk Beaver and Fur HATS, English refined Salt-Petre, F and FF glazed and rough Gun-Powder. FOR SALE, BY D. J. BURR. 2aw2m
December 1.
FOR SALE, 80 Hds. brown Sugar, 50 boxes fresh Raisins 100 bbls. do. do. 20 Hds. Leaf Sugar, 19 casks Sherry Wine, 20 Hds. Prime Green, 10 do. Malaga do. Coffee, 30 bags Pepper, 2000 Yards Twilled, 25 bags Rice Ginger, Sacking, 160 ream Writing Paper, 40 Ton Hoop Iron, 15 boxes Chocolate, 60 lb. Sewing Silk, Bistered Steel, 6 Hds. Rye Whiskey, Shot, Shoes, Ganging, 10 Gross Eagle Playing Cards, Rods, 8 Boxes refined Salt-Petre, Winter Strained Oil, &c. &c. APPLY TO HOVEY & SIZER. November 24. 3w
ROBT. JOHNSTON, in addition to his stock of GOODS on hand, has received a complete and general assortment, which he will sell low for cash or negotiable notes, amongst which are, IROVMONGERT & CUTLERY, of every description, White Lead in kegs, Window Glass, Glue, Sawdust Spurs, Horse Whips, Brushes, Scythe Blades, Seine Twine, Imperial & Young Hyson Tea, Coffee and Leaf Sugar, Oznaburgs, Russia Sheeting, Cotton Shirtings, Cambricks, Patent Suspenders, Umbrellas, superfine and coarse Cloths, Kerseymere, Flannels, &c. worsted and silk Bindings, Manchester Cords, Wool Hats, Carpeting, Matrasses, Ladies Morocco cork sole Shoes, &c. &c. Wants to hire or purchase, a young Woman, who can cook and wash. November 24. tf
FOR SALE—By virtue of a decree of the Superior Court of Chancery for the Richmond district, pronounced on the 21st September, 1809, will be sold on the premises, on Saturday the 30th of this month, to the highest bidder, the BRICK HOUSE & LOT OF GROUND adjoining thereto, situate on Shockoe Hill on the main street leading to the turnpike road, and at present occupied by Mr. Jos. Ph. Carter as a Grocery—The sale is made to raise a sum of money, interest, and costs, due from John B. Winn to James Govan, assignee of James Innes, as particularly mentioned in said decree.
JOHN F. PRICE, Commissioner. Richmond, December 9. tds
LOUDOUN LAND FOR SALE. FOR SALE, on Thursday, the 21st of Dec. next, on the premises, the
TRACT OF LAND, on which the late Judge Jones resided, in Loudoun county, with about 25 SLAVES, and the stock of Horses, Cattle and Hogs, on the estate. The tract contains nearly two thousand acres, & possesses many advantages which entitle it to the attention of those who may wish to reside in that highly improved part of our country. Two merchant miles are in the neighborhood, one on the adjoining estate, and the other within two miles. It is 35 miles from Alexandria, and forty from George-Town. The new Turnpike from Alexandria, crosses a corner of the land, and terminates at the nearest merchant mill. The tract is remarkably well watered. Little River passing through the middle of it, and many small streams on each side, emptying into that river. About 50 or 60 acres are already well set with timber, & at least 300 are capable of being made excellent meadow. It will be divided into tracts of different dimensions, to suit the convenience of purchasers.
A credit of one, two and three years will be allowed; bonds with approved security and a deed of trust on the land, will be required. The Negroes are supposed to be very valuable, some of them being good house servants, and the others principally young men and women. For them the same term of credit will be allowed. JAMES MONROE, Executor of the late JOSEPH JONES, the Elder. Albemarle, Oct. 27. 15w
THE SUBSCRIBERS having connected themselves in Business under the firm of
MURPHY & CRUMP, Offer For Sale, in the store lately occupied by Mr. Wm. Temple, four doors above the Bell-Tavern; A general and well selected Assortment of GROCERIES, CHINA, GLASS, & STONE WARE, which they will sell low for cash or exchange for country produce.
They also tender their services to the public as COMMISSION MERCHANTS. Any business committed to their care will be attended to with all possible dispatch. WILL: MURPHY, JOSHUA CRUMP. Richmond, December 7. 2aw3w
JOHNSON AND REAT, JEWELLERS & SILVERSMITHS:
AT the present sign, opposite the Eagle Tavern—Have just received an additional supply of ARTICLES in their line, (which with their former stock will render their assortment very complete) consisting of—
Pearl Ear-Rings, Ear-Rings & Drops, Breast-Pins, Bracelets and Finger-Rings. Jet Breast-Pins, Bracelets, Ear-Rings & Necklaces, tortoise-shell Combs of the most approved patterns, gold Watch-Chains, Seals and Keys on the latest patterns, Ear-Rings, Finger-Rings, Breast-Pins, Bracelets, Buttons, Buckets and Miniature Settings. Silver Tea-Pots, Coffee Pots, Sugar Dishes, Slop Bowls, Cream-Pots, Cans and Goblets, Table, Desert, tea and salt Spoons, silver Lids, cream and mustard Lads, Salt-Pots, Salt-Cellers, Coral & Bells, Tea Pongs & Pencil Cases, silver mounted Dishes, Swords and Small-Pots, Plated Castors of various prices, Candlesticks, Fruit Baskets, Tea-Pots, Sugar Dishes, Cream-Pots, Salt-Stands, Table Spoons and Tea-Spoons, Block tin Tea-Pots and Tea Caddies, together with sundry other articles too tedious to enumerate here, all of which they offer on moderate terms. Orders for work will be attended to. The highest price given for old silver and gold. December 7. 6