The enquirer (Richmond, Va.), 1809-10-10 00:00:00

The Enquirer.
VOL. 6.]
RICHMOND, TUESDAY, OCTOBER 10, 1809.
[No. 44.]
Published by Thomas Ritchie, nearly 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 Mis-demeanor, 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.
FOR SALE—325 ACRES JAMES RIVER LAND.—On the 10th December next, (if fair, or otherwise the next fair day,) the Subscriber will offer for sale on the premises, a Tract of LAND situate in Buckingham county, immediately opposite the mouth of Rock-fish river.—Thirty acres of which are prime low ground, & the residue strong, finely timbered upland, well adapted to the culture of Tobacco, Corn, and Wheat.
A credit of one, two and three years will be given, payable at equal installments, with interest from date, to be remitted if the payments be punctually made. Bonds with approved security will be required. A clear title made, & possession given on the day of sale.
The above Tract of Land has been conveyed to me by Patrick Rose, Jun. of Buckingham, to be sold for the payment of his debts.
ALEX. F. ROSE, Trustee. June 23. law5m.
REMOVAL.—The subscriber has removed his Coach-Maker's Shop about three squares north-east, on the same street he resided on, and nearly opposite the office formerly kept by Adam Craig, dec'd. where he carries on the coach-making business, in all its branches. He begs leave to return his sincere thanks to his friends and the public in general, for their past support, & hopes by his attention and punctuality, to merit a continuance of their patronage.
JOSHUA WEST. Sept. 26. w6w
FOR SALE, the high bred imported Horse, MAGIE, 14 years old last spring. He will be disposed of on accommodating terms, to an approved purchaser. He is now at my stable, where he stood the last season, and may be seen at the Petersburg Races, on the 17th next month, or any time before them, at my house.
THOMAS BRANCH. Oct. 3. 34
THE different business concerns, heretofore existing under the firms of Joseph Marx & Co. in Richmond, Virginia, Asher Marx & Co. in N. York, and George Marx & Co. in Manchester, Va. are this day dissolved by mutual consent.
The partner residing at each place is charged with the settlement of their respective concerns. Those who have demands on either of the above firms, will apply accordingly for payment, and those indebted are requested to settle their accounts without delay.
JOS. MARX, ASHER MARX, GEORGE MARX. Oct. 1. tf
The business at Richmond, will be continued under the firm of Joseph & George Marx, and at Manchester, under the firm of George Marx & Co. Asher Marx having taken Joseph Linsley, jr. into copartnership, their business will be conducted at N. York, under the firm of Marx & Linsley.
TEN DOLLARS REWARD.—Runaway from the Subscriber, in the early part of April last, near South-West-Point, in Tennessee, a negro man, named MOSES: we suppose him to be about six feet high, well made, a little inclined to be knock-kneed, of a dark complexion, speaks slow when spoken to, and inclines to lisp a little; his clothes cannot be described, as he took off a number, and of various kinds.
The said negro was purchased by the subscribers, (in February last,) of Martin Turner, of this City, and generally calls himself Moses Turner. He has a wife in this place, and it is supposed he is now lurking some where in this Town, as we have been informed he has been seen here, previous to our arrival. The above reward, besides legal charges, will be given to any person who will deliver the said Negro to Richard Terrel or J. A. Grant, or secure him in any Jail so that they get him again.
R. TERREL, J. A. GRANT. Sept. 15. tf
All persons are strictly forewarned from harboring or employing the above Negro. Also, all Captains of Vessels, or any other person, are forewarned from taking the said fellow out of the State under the strictest penalty of the Law.
R. T. & J. A. G.
THE Partnership of BREAM & FOLLET is this day dissolved by mutual consent. All debts due to and from the Firm, will be settled by James Bream.
JAMES BREAM, FRANCIS FOLLET. Richmond, Sept. 12.
JAMES BREAM respectfully informs his Friends and the Public, that the partnership of Bream and Follet, being dissolved, the Business will be continued by him—he expects shortly to receive a fresh supply of articles in the Ironmongery and Hardware line, which with his present stock in hand, he will sell low for cash, approved paper, or country produce. Sept. 18. tf
GEORGE WATT has just received, and offers FOR SALE, Sicily, Madeira, and Sherry WINE, by the Hhd and Qr. cask, Green Coffee, Orleans Sugar by the Hhd; German Plautilla Simplex, in the piece or case, half pint Glass Tumblers in cases of 1000 each, and New York Soap & Candles.
ON HAND, Madeira Wine, Orleans and Muscovado Sugars, Green Coffee, Molasses, Prime Pork, Lard, and Sausage, Sausage, Hams, Bacon, and Gunpowder, Tea, Spanish Seda, Havana Cigars, Nalunega, Window Glass, Milk & Cream, and various other articles, which he will dispose of at a reasonable price. July 22. tf
COLUMBIAN MILLS.—The subscribers having purchased the Columbian Mills, beg leave to inform the public they are giving cash for Wheat and Corn. P. HAXALL & Co. September 5. tf
NOTICE.—All persons concerned are required to take notice, that we have sold the debts due to the late concerns of Robert Pollok and Co. of Richmond, & Dunlop, Pollok and Co. of Manchester, to Messrs. Tompkins and Murray of Richmond, and that payments hereafter are to be made to them alone, or to those whom they may empower to collect. JAMES & JOHN DUNLOP. Petersburg, Sept. 5.
THOSE indebted to the late concerns of Dunlop, Pollok and Co. of Manchester, and Robert Pollok and Co. of Richmond, are now requested to come forward and settle their respective balances, as longer indulgence cannot be granted: lawyers and agents having the collection or settlement of debts due either of the above concerns, will be pleased to forward us statements of the business in their hands. TOMPKINS & MURRAY. Richmond, Sept. 5. ep2m
LAND FOR SALE.—The subscriber offers for sale that valuable estate on which he formerly resided, lying on James River, near the Town of Warminster, in the County of Nelson, lately Amherst. This tract contains nearly two thousand acres.—The low grounds are of the most valuable kind, and the highlands immediately adjacent thereto are very fertile and uncommonly level.—It might be divided into two plantations to advantage, or continued in one, as might suit the owner. The houses are new, and amply sufficient for the comfortable accommodation of a family.—A more minute description is deemed unnecessary, as it is presumed the purchaser will view and judge for himself. The subscriber will only observe that the place is very healthy, lies in a fine neighborhood, and commands, perhaps, as many advantages as any other situation that is offered for sale in the state. One fourth of the purchase money will be required on the first of January, when possession will be given; and the balance will be divided into nine equal annual installments, without any charge of interest if the principal be punctually paid.—A large crop of small grain will be sown in good order, and the purchaser may be accommodated with corn &c. sufficient for a year's supply. Letters directed to Buckingham Court-House, or to Warminster, would be soon received and attended to. In my absence, my brother Mr. Joseph C. Cabell will show the land to any person desirous to purchase. WM. H. CARELL. September 1. tf
TO THE PUBLIC.—The subscribers, executors of John McRae, dec'd. will, on Tuesday, the seventh day of Nov. next, offer, at public sale, before the tavern of Mr. James Durrell, of this town, the following PROPERTY, viz: Twenty-five or thirty Slaves, among which are several good carpenters, distillers, bakers, cooks and house servants: Two brood Mares, one of which is the celebrated running mare Carolina, with a Florizel colt by her side, and now in foal by Sir Harry: the other a high bred mare also in foal by Sir Harry, together with six or eight saddle and work horses, three milch Cows, carpenter's tools, plantation utensils, &c. The terms of sale will be, for the slaves, a credit of one, two and three years, for the balance of the property, a credit of twelve months; in all cases, bonds with approved security will be required, to carry interest from the date if not punctually paid. RICHARD McRAE, and DANIEL EPPES, Execrs of John McRae, deceased. Petersburg, Sept. 22. 104
All persons having claims against the estate of John McRae, dec'd. are requested to bring them forward for adjustment, and all who are indebted to the said estate, to make immediate arrangements for pay, as no indulgence can be given. R. McR. & D.E.
ON Wednesday, December 27th, 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. wtf
TWENTY DOLLARS REWARD.—Runaway from the Subscriber on the 1st June last, a negro man named Billey, commonly called (Billey Hickman;) he is about thirty years of age, 5 feet, 8 inches high, some what of a yellowish cast—I expect he is lurking about the neighborhood of Mr. Thomas Hickman's in Caroline, to whom he formerly belonged; or in the neighborhood of Col. Christopher Tompkins, in King William where it is understood he has a wife; whoever will deliver the said negro to me shall receive the above reward, and all reasonable expenses paid. JOHN HARRIS. Powhatan, Sept. 22.
The Subscriber has for sale Ten Shares in the Manchester Turnpike Company; Those that are inclined to purchase, may know the terms by applying to Mr. E. D. Digges of Manchester, or to the Subscriber. Sept. 22. J. HARRIS. 4w
MANCHESTER ACADEMY.—In consequence of the intended removal of Mr. John Wood, to the city of Richmond, on the 25th September next, the trustees of the above Academy, are desirous of engaging a Teacher of the Languages and Mathematics, to supply the station he now holds. On application to the Treasurer of the Academy, residing in Manchester, the terms will be made known to any gentleman of liberal education and moral conduct. August 25. tf
THE TRUSTEES will proceed, on Saturday, the 14th October next, to elect a teacher, as above, out of the candidates, who may then be in nomination. September 29.
A CARD.—DOCTOR LEWIS, lately from the West-Indies, has opened his Office, at Manchester, in the house of Mr. L. Bishop, for the practice of Physic, Surgery, and Midwifery. He hopes from his success and experience, to merit the patronage of a liberal public. N. B. Private families may be supplied with Medicines, with suitable directions. Advice for the poor, gratis. September 26. tf
VALUABLE LANDS FOR SALE.—The Subscribers wish to dispose of that valuable tract of LAND called FORT LEWIS, lying in the Counties of Botetourt and Montgomery, and containing about 2,600 acres. They also wish to sell 3,180 acres of Land lying in the County of Fluvanna, on the south side of the Rivanna river, extending from Col. Cary's line, down the river, to within about a mile of Columbia. This last mentioned Land, being in five distinct tracts, will be sold separately or together, as may best suit any person desirous of purchasing. One-fourth of the amount being paid in hand, any reasonable credit will be given for the balance. GIBSON & JEFFERSON. Richmond, July 28. tf
TO all whom it may concern.—RICHARD SMYTH, a native of Ireland, departed this life on the 18th of June, 1809, without leaving in this State, or in the United States, any relation by consanguinity, and possessed of some Estate in Lands within this Commonwealth, of which, as well as of the United States he had long been a Citizen. His intent was to give the whole to the "subscriber," as his Nuncupative Will, now of Record, will sufficiently prove; but the Subscriber has been advised, that a Will of that kind cannot effect a conveyance of Lands, how far soever it may prove the intent of the Testator, and that the Lands late of the said Richard Smyth do of consequence, escheat to the Commonwealth, though contrary to his intent, of bestowing them on the citizen thereof. For that reason, the subscribers request the General Assembly, at its ensuing session, by Petition, to carry the intent of the said Smyth into execution, by releasing the interest of the Commonwealth in the Lands, whereof he was possessed, or entitled to within the same, to the Subscriber. DAVID DOYLE. August 25. tf
FOR SALE, 1005 acres of LAND, lying on the waters of Tye river, in the county of Nelson, (formerly part of Amherst.)—This tract, being part of the estate of the late of the late Col. John Rose, is situated about ten miles from New-Market, and is conveniently contiguous to Major Massey's Merchant mill. Two hundred acres are cleared, the residue is covered with heavy and valuable timber. The soil is peculiarly adapted to the production of tobacco, corn, wheat &c.—The tract will either be sold entire, or divided into 2 or 3 equal parts, as may meet the convenience of the purchaser. Slightly detached from the main tract, are 70 Acres bearing a heavy growth of pine, that will either be sold separately, or in conjunction with one of the divisions.—One fourth of the purchase money will be expected in hand, the balance in three equal annual installments. The land will be shown by Mr. John N. Rose, or by Capt. Morgan, living in the neighborhood. For further particulars apply to the subscriber. THOMAS FITZLEUGH. N. B. The purchaser will have liberty of seeding in the fall, and possession at the commencement of the ensuing year. T. F. Stafford, July 4. laff
EUROPE. NEW YORK, Oct. 2. Continuation of News by the Triton. LONDON, Oct. 18. Letters from Holland to the 4th inst. state that Bonaparte had issued a decree, by which all American vessels permitting themselves to be searched by British cruisers, shall continue to be excluded from the ports of France, and in the mean time, all American property in France has been placed in a state of sequestration. The same letters state, that Bonaparte has determined to incorporate the whole of Holland with France; and that his brother LOUIS, is to be made King of the territory about to be wrested from Austria. August 14. The gloom which envelopes the political horizon is rapidly increasing, and forms a lamentable contrast to the sunshine of hope with which it was so lately illumined. In the interval between the battles of Aspern and Wagram, the people of England, deluded by pompous artificial narratives under the plausible title of "Austrian Official Accounts," by daily fabrications from the Banks of the Elbe, the Weser, and Danube; by fallacious statements of the flight of king Joseph from Madrid; and the critical distress of Napoleon at Vienna—believed the moment to have at length arrived, when the mighty armament preparing on our coasts should give the final blow to the paramount ascendancy of France on the Continent of Europe. Meanwhile the preparations of Napoleon silently but vigorously approached maturity—and that attained—within one short week the Empire of Austria was crushed to atoms. From that moment the grand object of our expedition was frustrated—the blow was struck, and it was impossible to hesitate in believing that our efforts had been procrastinated, until the accomplishment of the grand object of the armament had become impracticable. The expedition however, at last sailed on the 28th of July; and on the 6th of August, an army of 50,000 British troops, the best appointed, perhaps of any equal number of men ever assembled for a military purpose, and supported by an irresistible fleet, is lingering before the town of Flushing, a place, which we have been led to believe, from many quarters, and some of them most respectable, would fall an easy conquest to even a flying squadron with a few thousand men. In the preceding letter in the Gazette, the enemy is stated to be "active and enterprising, and the garrison has certainly received considerable reinforcement from the opposite coast, nor has it been in the power of the flotilla hitherto to prevent it." That Flushing will ultimately fall, there can be no doubt—but in the interval thus given to the enemy by its resistance, a force will be organized which renders it doubtful whether they will not even become the assailant of our invading army. From the concluding passage of Lord Chatham's first letter,
it is very clear that the defence of the enemy is as general as it is vigorous. "By letters from Lieut. General Sir John Hope I find that the enemy had, on the 5th inst. come down with 28 gun-vessels, before Batz, on which they kept up a smart cannonade for some hours, but were forced to retire by the guns from the fort, and every thing has since remained quiet in that quarter." To hear a General at the head of an invading army of 50,000 men, with many hundred vessels of every description from a line of battle ship to a Deal boat, coolly narrate an attack by 28 gun vessels of the enemy, & apparently congratulate himself on every thing having since remained quiet, is, of itself a very discouraging symptom, to say nothing of the reinforcements thrown into Flushing, and the vigorous sorties of the garrison! It is at the present moment useless to probe this afflicted subject. The probable result of the expedition will be the reduction of Flushing—and an unsuccessful attempt to ascend the Scheldt—for the city of Antwerp does not at present appear in much greater danger than the town of Chatham. Whether in the present circumstances of the country, the Island of Walcheren is an adequate result of the efforts of such an armament, we leave to wiser heads to determine. The delusion with respect to Spain is dissipated—whether Cuesta could not or would not fight, when Sir Arthur Wellesley proposed to attack Victor—whether he be a Traitor—a Coward—or an idiot, is now immaterial—the enemy retired a few hours after that on which the attack was meditated—for the means of advancing in pursuit of the enemy Sir Arthur is obliged to wait, until they shall have been provided by the Spaniards. On this subject he has written a letter to Major General Donoghue Adjutant Gen. of the Spanish army—and a very angry letter we dare say it is, since Ministers have thought proper to withhold it from the public. That any thing can now be done to save the Peninsula, there can surely be no one so credulous as to hope. If Sir Arthur Wellesley should ever reach Madrid, it may be feared that the difficulties and danger of his retreat will surpass those of his advance. The Spaniards will not assist themselves—we have not sent a sufficient force into the Peninsula to expel their invader, even while the whole force of Napoleon was engaged in Germany. What infatuation!—what insanity!—can induce a hope that Sir Arthur Wellesley can effect the deliverance of the Peninsula, when reinforcements from France shall pour into Spain!—It is impossible that our army can long maintain themselves in the interior of Spain. Napoleon promised last year, that not a village in Spain should be in a state of insurrection by Christmas. The war with Austria interfered with the punctual execution of that threat. It is not impossible that before next Christmas, he will perform that which he had promised to effect in the preceding year. Yesterday a Gotterburgh mail arrived in town. By this arrival we learn, that an armistice has been entered into between the Swedes and the Norwegian troops. Great hopes are entertained that this convention will terminate in peace between Sweden and Denmark. Among other reports is one, that the Island of Aland has been captured by a British squadron—a second, that 700 Russians had been forced to surrender to the Swedes in Bothnia—and a third, that the Prince of Augustenberg, who had been nominated as successor to the Crown of Sweden, had refused to accept that nomination. The successful attack made by our squadron at Archangel, is said to have excited a strong sensation in the Baltic. The Duke of Brunswick Oels, with 2000 men, is said to have finally effected his retreat to the Weser, and to have been received, with all his troops, on board the British squadron under Lord Stewart. Cuxhaven has been abandoned by our troops on the advance of a French corps, destined to take possession of that place. The public accounts mention, that Sir James Saumarez, with the squadron under his orders, had appeared off Cronstadt, and that an embargo was therefore imposed in all the Russian ports of the Baltic. There is a report of a firing having been heard on the opposite coast in consequence of the preliminaries of peace having been signed between Austria and France, and that by one of the articles the Emperor Francis consents that the French shall occupy Vienna, and the Archduchy of Austria for six years! The Russian prisoners that surrendered to Sir Charles Cotton, in the Tagus, will sail in a few days from Portsmouth for St. Petersburg. Admiral Siniavini takes his passage in the Champion frigate, Cap. Henderson. The crews of the squadron will be put on board a division of transports, which is under the orders of Captain Shepherd. The Russian ships are to be brought into Portsmouth. Arthur O'Connor, it is reported, has a command in Flushing. Lord and Lady Holland, and Lord John Russell, arrived at Portsmouth on Tuesday, in the Lively frigate, of 33 guns, Capt. M'Kinley, from their visit to Spain; and on Friday set out for Holland House, near London, where they arrived on Saturday. The Ox-Deal boat brought the following particulars: "Flushing had been found so strong, as to require to be approached on the land side in a regular manner, and our troops were actively employed in constructing the various batteries, which when completed, would mount upwards of 100 pieces of heavy ordnance, and it was expected would not be ready to open the works of the town till Friday night, preparatory to which floating batteries had been sent round by the Slough, to be in readiness to co-operate in attacking by sea at the same moment; some days will therefore probably elapse before the intelligence of its fall reaches us. "In the mean time the enemy are extremely active, and make daily skirmishes with our troops. They are said to have obtained reinforcements of men from the opposite coast of Cadzand; it not being possible for our shipping, on account of the batteries, to be sufficiently close in with the town to prevent it; some boats which ap-
proached to reconnoitre have been literally beat to pieces by the enemy's shot."
Extract of a letter from Lieut. Gen. the Right Honorable Sir Arthur Wellesley K. B. to Lord Viscount Castlereagh, dated Talavera, Aug. 1, 1809.
Since I had the honor of addressing you on the 29th July, the enemy have continued to keep a rear guard of about ten thousand men on the heights on the left of the Alberche.
The extreme fatigue of the troops, the want of provisions, and the numbers of wounded to be taken care of, have prevented me from moving from my position.
Brigadier General Craufurd arrived with his brigade on the 29th in the morning, having marched 12 Spanish leagues in little more than 24 hours.
Extract of a letter from Lieutenant General Sir Arthur Wellesley, to Lord Viscount Castlereagh, dated Talavera, August 1st, 1809.
When I addressed you this morning, I had not received the report from the outposts. It appears that the enemy withdrew the rear guard, which was posted on the heights on the left of the Alberche last night, at eleven o'clock, and the whole army marched towards Santa Olalla. I conclude with an intention of taking up a position in the neighborhood of Gaudarama.
ENGLISH NATIONAL DEBT.—An account, showing what has been redeemed of the National Debt, the land tax, and Imperial Loan to the 1st of August, 1809: Redeemed by Annual Million, &c. } 475,607,208 Ditto on account of loans, } 79,273,405 Ditto by Land Tax, } 23,324,894 Ditto by 11. per cent. per an. } 972,188 on Imp. Loan. } 770,298 Transferred for purchase of Life Annuities, } Total 4,172,986.681 The sum to be expended in the ensuing quarter is £2,610,576 8s. 11d.—Lon. paper.
Liniers, it is expected will open the ports in the River Plate to British merchandise, at a duty of 24 3/4 per cent. ad valorem, the same as imposed upon all goods into the Brazils; for, according to the present state of things, the officers of the Custom houses reaped the principal advantages from goods now sold in the South American markets of which there were considerable quantities, and which they allowed to be clandestinely landed. ...16.
PHILADELPHIA, Oct. 3. Letters from England, dated Aug. 11, mention the receipt of a French decree, interdicting all trade to French, Dutch, or allied ports. One letter also mentions, that King Louis had been recalled from the throne of Holland, and that country declared to be annexed to France....Phil. Gaz.
BALTIMORE, Oct. 3. LATEST FROM SPAIN.
From the Coffee House Books. Arrived, schooner Trim, M. S. Bunbury, from Messina and Gibraltar, 26 days—sundries—George Sules.
The Spaniards and French had a severe action within 7 leagues of Seville the 22d August. The French army consisted of 30,000 men—the result was not known at Gibraltar the 27th August.
Cuesta and some other Spanish generals have resigned, and the command of the Spanish army given to Sir Arthur Wellesley. The reason the Spanish generals give for resigning, is that they could not depend on their men. Either general Cuesta or Romana was at Algeciras the 27th of August, as a private gentleman, and some of the Junta have returned to their houses.
Captain B. says that the above was brought express to Gibraltar; he received it from an English officer. But it was not in the papers. However, Capt. B. brought only one Gibraltar paper....Fed. Gaz.
Extract of a letter from Gibraltar to a gentleman in this city, dated 24th August.
"Markets, above, are extremely bad, and no appearance of alteration. General Stewart's expeditions effected nothing material. They have taken possession of two small islands, and that is all.—Trieste remains in the hands of the French. Among other reports we have some, which state a victory obtained by our Austrian allies on the 29th ult. but really we are afraid to repeat them. "In Spain we have no reason to believe that things are not going on well. However so much depends upon what may take place in Austria, that appearances vary as accounts are received from that quarter. Victor, with 40,000 men, is in the vicinity of Madrid; Soult, at the bridge of Almarez, with about 30,000; Sir Arthur Wellesley with about the same, and the Spanish army, now under his command, also of about 60,000 are at the Puente del Arzobispo, watching Soult. General Beresford, with 20,000 Portuguese, is coming down towards the English, and Venegas with about 25,000, after having been rather roughly handled by Victor, has fallen back upon the Carolinas."
By the schooner Trim, Bunbury, arrived here yesterday, in 56 days from Messina, and 36 from Gibraltar—we have received a number of the Gibraltar Chronicle of August 25.—Extracts below....E. Post. SEVILLE, Aug. 8. The Governor of Gerona has sent to the supreme board the following statement, which contains some important particulars of the heroic defence of that fortress against the furious attacks of a most obstinate enemy. "SIR. "I think it my duty to say before Y. M. a short account of the siege and bombardment of this heroic city, with the government of which Y. M. has been pleased to invest me. "But as the details of these facts, and the documents in support of them, were ap-

voluminous, and as time is at present so valuable to Y. M. on account of your important occupations, and to me, on account of the active situation in which I am placed, I will now confine myself to giving Y. M. a slight proof of the sentiments with which I am animated, and of the state of the fortress.
The latter has been besieged these 70 days, of which 48 of open trenches and 33 of uninterrupted bombardment; and in the castle of Monjuich, which completely commands it within a very short distance, and its principal defence, there has been, for these 13 days, a breach through which may pass 50 men abreast. During this time the enemy have thrown into the place 10,000 shells or grenades; and the result of all their fury is to burn the houses to ashes; but by no means to damp the spirit of its inhabitants, who, every day, fly to arms, wherever wanted, with increased enthusiasm and attachment to the just cause which we are defending.
"The garrison, though very weak, since it scarcely consists of 2,500 effective men, has performed prodigies of valor; &c. in three sorties and two attacks, (one of which was three times repeated by the enemy on the breach itself, and repelled with unspeakable bravery,) has made them perfectly sensible of the order and gallantry with which the Spaniards fight. But all these particularities must, undoubtedly, have come to Y. M.'s knowledge, through the channel of the commander in chief of this army, whom I have, from time to time, informed of whatever has occurred."
"Y. M. whose paternal exertions are invariably directed to the preservation of the national honor, is aware how well all the inhabitants of the place have deserved of their country. Never, sir, have I seen their admirable enthusiasm in the least abated; and a thousand times would they have sallied forth and coursed a glorious death in the field, had not their small numbers rendered it necessary to repress their ardor."
"In so critical a situation, I have repeatedly applied to the Marquis de Coupigny, second in command of this army, for a reinforcement of at least 2,000 men, upon the ground that, even if granted, the garrison would hardly have one half of its complement; but nothing has been done as yet, although my demands have been more pressing as circumstances are become more urgent."
"The whole of which I think myself bound to lay before your majesty, with the solemn assurance, that this interesting bulwark of Catalonia shall hold to the last, and sacrifice itself for our adored monarch Ferdinand VII. whom may God preserve! recalling to men's minds the fate of Numantia and Saguntum, rather than to submit to the tyrant's yoke."
"For my part I promised at the head of my brave Spaniards; and I now renew my promise, at the foot of Y. M.'s throne, assuring Y. M. that the enemy shall not enter this fortress but over my dead body. The annexed proclamation will make Y. M. better acquainted with the sentiments with which I am animated."
(Signed) "MARIANO ALVAREZ."
Girona, July 16, 1809. * This Proclamation bears date 1st of April, when the enemy were already threatening the fortress, and concludes with decreeing the punishment of death on the spot, against any one, without distinction of class, rank or condition, that shall have the baseness to utter the words, surrender or capitulation.
[The next number of the gazette notices the arrival at Cadiz of H. C. M. S. the S. Francisco de Paula from Vera Cruz and the Havana, with upwards of six millions of hard dollars in specie, and a number of other valuable articles.]
FRESH PAPERS RECEIVED FROM SPAIN.
SEVILLE, August 14, 1809.
GEN. VENEGAS' DISPATCH.
Most Excellent Sir,
This morning, at half-past 5, the army, under my command, was attacked by the enemy in Almonacid, and at seven a very brisk fire of both artillery and musketry had extended throughout the whole of the line. The number of the assailants was very considerable, and we have no doubt but it exceeded 25,000 men. Our troops maintained a most honorable fight for nine hours together, during five of which the fire was tremendous indeed—but the enemy having made themselves masters of a height, which formed our left, obtained an advantage in point of position, and were on the point of turning us—which circumstance induced me to resolve on a retreat, previously forming, to cover it, the second division which had hitherto suffered least. The national honor has been maintained unimpaired. Blood has been shed indeed and we have lost excellent officers—but I conceive, that the enemy's own loss amounts to 5,000 men. I cannot, at present, send the particulars to your Excellency, but I will do so whenever I have time.
Camp Marshal D. Roman de Carvajal, set out post from Tembleque for la Carolina, where he will assume the command, and collect as many troops and sharpshooters as possible, until I reach the Sierra myself with the army.
May God, &c. (Signed) VENEGAS. Head-Quarters, Camunas, 7 Aug. 11, 1809. TO H. E. DON ANTONIO CORNEL. Government Gazette.
[The next number contains, at full length, the same General's dispatch, relative to the unsuccessful attack made on the 5th, by the French upon his army at Aranjuez, which was noticed in last Saturday's Chronicle.—General V. states, that upon being informed by General Cuesta, that the British army had marched out in the morning of the 3d, and that he intended to follow it with his own in the evening of the same day, to make head against Soult, who was advancing on the side of Placencia, he foresaw, that the troops under his command would be attacked, as soon as intelligence of his movement should reach Joseph and Victor, who (in consequence of their defeat at Talavera) had fallen back—the former upon Illescas with 16,000 men, and the latter upon Marqueta with 10,000 men. And accordingly General V. made the necessary dispositions to repulse the enemy, and, as proved in the event, in a able and judicious manner, that the latter, meeting every where with an uncomprehending resistance, desisted from the attempt, and withdrew with a loss of 300 killed and 1,000 wounded—that of the Span-
ards being far less important, as it is estimated at 200 in all. The dispatch concludes with bestowing the highest encomiums upon all the corps engaged, as well as all their officers—and Gen. Venegas having particularly recommended to the Board Brigadier D. Pedro Agustín Ciron, who commanded in Aranjuez, and upon whom had, therefore, devolved the task of carrying the plan of defence into execution, the Brigadier has been immediately promoted to the rank of camp marshal.
Proclamation of the Marshall of the Empire Augereau, Duke of Castiglione, Grand Eagle of the Legion of Honor, Dignitary of the Order of the Iron Crown, Grand Cross of the Order of Charles III. and commander in chief of the army of Catalonia.
Spaniards, Catalonians! I come in the midst of you—H. M. the Emperor of the French and King of Italy has conferred upon me the command of his armies in Catalonia.
Spaniards! I know and love you. Seduced by perfidious insinuations, unhappy and wretched victims, blind tools of a cabinet, the enemy of France and of humanity, numbers, great numbers of your brethren are bent upon protracting a war, the issue of which never was doubtful. They scorn and reject the blessings and favors which would be lavished upon them by an august sovereign, a hero whom God, in his mercy, created for the happiness and glory of Europe and of the world.
Spaniards! the hero of France loves and esteems you; His virtuous heart wishes for, and actually stands in need of your happiness and prosperity. The God who endowed Napoleon with invincible valor, also enriched him with goodness and tender-hearted humanity.
Napoleon is lamenting your misfortunes and evils; his paternal heart is rent by the calamities which his formidable armies have already brought and will further bring upon you, if you persist in turning a deaf ear to the voice of truth, if you continue in a fatal blindness.
Give up, therefore, hopes never to be realized; abjure a spurious love, a criminal honor, which, by inducing you to take up arms against a truly paternal monarch, the august brother of the great Napoleon, offends and kindles the wrath of Heaven, which gave him to you in its clemency; do not entertain any longer a useless hope. God protects France; a God leads Napoleon by the hand, covers and shelters him under his wings, and even chains victory to his triumphant car.
Valiant Spaniards! submit.—Europe is submitting and surrendering by degrees.
Spaniards! I know you; and you also must know me. I have long entertained a high regard for you; and provided you submit, you shall certainly find in me a true friend. Your persons, your properties, whatever belongs to you, shall be sacred to me.
Errors and faults will meet with indulgence—moderation, loyalty and fidelity may descend upon your assistance and protection; but let perfidy tremble!—For the obstinate rebel, for the miscreant who shall blow up the flames of discord, there will be no forgiveness—the thunderbolt, already quivering over his head, is ready to fall.
Citizens, who have been hitherto misled! come back—come back to your homes;—tradesmen, resume your useful occupations—honest villagers, lay down the sword;—take up the plough—hasten to cultivate, undisturbed and unmolested, the lands of your forefathers—and lose no time to fertilize those fields, which have been but too long abandoned. And ye, faithful Spaniards, who are reaping the happy fruit, the reward of your fidelity, join your voice with ours; call back those unfortunate brothers of yours who are going astray—tell them that we love them; that Napoleon will forgive their errors, their faults, and that your happiness will ever be the constant object of his paternal solicitude—tell those misled brothers, that they will ever find me ready to carry their petitions to the foot of the throne of that monarch who is so partial to truth—that they are under the protection of our arms—and that, formidable to rebels and bad citizens, whatever their numbers may be, we shall, at all times, support and defend the submissive and loyal inhabitants, and punish the insults offered them—but tell them also, and insist upon it, that clemency has its limits, which will finally be followed by the days of vengeance.
A powerful army is spreading over your territory, a formidable army is coming and we to him who shall dare to resist me! for I will listen to nothing but to a just indignation and to a most just fury, and not one of you will be able to screen himself from a dreadful vengeance.
Saragossa is yet smoking—and, therefore, ye Catalans, who might wish or dare to follow her example, look on her ashes, her ruins, and tremble!
The Marshall of the Empire, Duke of Castiglione, (Signed) AUGEREAN. Perpignan, July 2, 1809.
[The foregoing article is preceded in the Gazette, by a royal decree abolishing a kind of Poll tax called el personal , all over Catalonia, as a reward for the loyal exertions of all the inhabitants of that province, and also because this tax is rather a disgraceful badge of servitude for those who pay it, than a resource for the State into whose coffers it is paid.]
GERONA, July 24. The night before last, the enemy renewed their attacks upon Monjuich. The mountain, as well as the town, kept up for two hours and a half, an incessant fire of artillery and musketry, which greatly injured the enemy's works. The latter enraged at the failure of their attempts, repeated them again and again, but to as little purpose.—We cannot sufficiently admire the sang froid of the Garrison of the castle, who under the galling fire of the enemy, loudly cried out to them—'Come, Gavachos, and lend your assistance; Leech's palace has caught fire.'
July 25.—The besiegers are sparing of their shells, but not of their grenades or cannon shot, of which they send us plenty.—From their not being minded as they ought to be, several lives are lost which might be laid down with more advantage to the country.—Its defenders make a parade of their intrepidity, which we wish was less daring. However it be, there is nothing to apprehend with such a garrison, which in every instance exceed our hopes, and commands our admiration. Wherever it presents itself, it forms a rampart more impenetrable than that which incloses the town. Out of Geronona such exploits would deserve our attention—here they succeed each other so rapidly that they take it up but for one moment. It may be truly said of Geronona, that it has been a school of valor, by the patterns which there
have been displayed and formed with so much eclat.
NOTE.—Official accounts have been subsequently received, including the daily report of the defence of that fortress, down to the 5th inst. when it continued to make an equal glorious resistance.
Government Gazette Aug. 19.
SEVILLE. Aug. 17. The forces which Soult has brought to the Tagus, do not merely consist of the Division under his orders, but include the whole of the French troops in Castile. This has occasioned the retrograde movement of four armies.—They extend from the Mesade Ibor as far as Almazan, & will shortly be reinforced by 9000 English who are already in Alcantara—and further we are positively told, by Beresford's division which is said to have reached Ciudad Rodrigo, to the number of 16,000 men. The united armies of Asturias and Galicia must, by this time, have penetrated into Castile.—A French division has marched from the Tagus to Placencia, and evidently to observe the armies which may fall upon the rear of their troops.
The army of the centre has fought at Almonacid with great valor. Its retreat has been a military one, unattended with the fatal dispersion which we have lamented upon other occasions. On the 12th, its head-quarters were in Argamilla. Venegas is intended to send part of his troops to the Sierra, and to advance with the remainder of the army which is a proof that the French are not pursuing him. If it be so, we may hope, that la Mancha will not be afflicted again with the continuance of the French troops.
The Tarragona report of the 7th, states 600 men to have entered Geronona, a reinforcement most acceptable to that garrison. The prodigies of valor and patriotism which it is performing, would obtain no credit, if the Spanish revolution had not already afforded many instances of the kind. Whenever the enemy assault it, which is often the case, they are obliged to retire with great loss.
Semanario Patriótico.
PHILADELPHIA. Oct. 3. Arrived yesterday at this port, the brig General Eton, from St. Ubes, sailed the 10 in August—the captain of which has favored us with Portuguese papers to that date—but they contain nothing new. Aug. 15 lat. 27. 24. long. 13. 27, spoke schr J. M. 34 days from N. York for Cadiz. Same day was boarded by a British brig of war from Lisbon, bound on a cruise off the western islands. Had no men impressed.
The captain of the above vessel informs that no official account of the battle of the 27th and 28th July, had arrived in Portugal before he sailed; although sufficient time had elapsed. By all the private letters received at St. Ubes from Spain, it appeared that the English army had suffered much; the whole of their advanced guard having been cut up, previous to the general engagement, and sir A. Wellesley had to make his escape to the main body of the army by flight, accompanied by a few horsemen.
The loss on the part of the British was understood to be at least 10,000 men, exclusive of officers; having been driven from all their positions, except that occupied by the artillery. This news dare not be published at St. Ubes; and was related to our informant by the British consul at that place.
The English (as usual) and their friends the Portuguese, have laid all the blame upon the poor Spaniards; they say the Spaniards did not arrive at the field of battle, until the second day of the action; and when they did arrive, expressed some unwillingness to occupy the positions their English friends had assigned them.
The corps, composed of the students, had disbanded, and returned to their homes, being dissatisfied with the tyrannical conduct of the British officers that had been placed over them. The militia at St. Ubes had demanded permission of the governor to return to their homes, but being refused, the principal part of them had deserted.
"Official news—48,000 French killed—who will now deny it?" Major Jackson.
NEW YORK. Oct. 4. Late last night the Spanish frigate Corneia, capt. Don Joseph Rodriguez de Arias, arrived at the quarantine ground. She sailed from Cadiz on the 20th of August. This vessel has brought out his excellency Don Lewis de Onis, Minister Plenipotentiary and Envoy Extraordinary from his Catholic Majesty Ferdinand the 7th, to the U. States of America. Also Don Bartholomew Rengenet, Consul from his Catholic Majesty for Philadelphia, their ladies, daughters and domestics, and Mr. Richard Bailey of this city.
On the 20th ult. the frigate spoke the ship Aradne, Wybergt, 27 days from Liverpool for Charleston—formed, that the English had got possession of all the Islands on the coast of Holland.
We also learn, that after the battle of Talavera, the French army attacked General Venegas in Aranjuez, and were driven back with considerable loss, after three hard fought battles. Venegas afterwards returned towards the Sierra Morena, principally for want of provisions, the French having destroyed every thing. The French garrison of Madrid had gone into the Retiro, with their adherents, the people having risen up against them, and gone out to meet Venegas in his advance.
October 5.
We learn further, by the Spanish frigate, that Geronona, which defends itself in the most astonishing manner, has been relieved by General Blake, who is collecting his army and artillery at Tortosa, to go against Saragossa, where the French have been obliged to concentrate themselves, in consequence of the people of Arragon having risen against them en masse .
The Spanish mountaineers from Arragon, Navarra, and Catalonia, had made an irruption into several parts of France, burnt some towns, and levied contributions on the inhabitants.
The Supreme Junta continued at Seville; but it was expected they would soon remove to Madrid, from whence Joseph Bonaparte with 6000 men, had a second time effected his escape. He was gone to Somma Sierra, a strong pass between France & Spain.
The St. Fulgencio, a Spanish 74, had arrived at Cadiz from Lima with eight millions of dollars.
After the battle of Talavera the British and Spanish armies were only prevented from pursuing their victory and following the French in their retreat by the want of provisions and forage, the French having burnt and destroyed the harvests. This same circumstance induced the combined armies to fall back, a short distance, on the Tagus. On their way thither they heard of Marshal Soult, with a detachment of the
French army of about 20,000 men, which had been sent back upon the rear of the English for the purpose of cutting them to pieces on their retreat to Lisbon, which the French had so assuredly calculated upon.—But the battle of Talavera, turning out rather contrary to their expectations, the Marshal returned by the road he came, his army being without artillery or even necessities.
During the battle of Talavera, a Spanish regiment which was not in the engagement, left the ground in a panic and reported in Talavera that all was lost, in consequence of which the Intendant of the army ordered all the provisions to fall back to the Tagus, by means of which hasty measure, the army which had been engaged for nearly two days, found itself without provisions for nearly forty eight hours. For this misconduct, the brigadier who commanded the regiment, was executed on the spot, and orders given to put to death every third officer and every tenth man of soldiers. Part of the executions took place, but a stop was put to them by the humane interposition of Sir Arthur Wellesley.
In consequence of the above order to remove all the provisions, the combined armies found it necessary to fall back to the Tagus.
On Sir Arthur Wellesley's retiring, he sent a flag of truce to the French, informing them that the great heat of the climate prevented his taking his wounded with him, and requesting that he might have permission to send his surgeons to attend them—which was granted.
After the battle of Talavera, Venegas having advanced within sight of Madrid, received information from Cuesta, that the French were concentrating towards Toledo, and fell back as far as Aranjuez. In this position he was attacked three several times by the French, but he repulsed them every time with great slaughter. After this he fell back to Sierra Morena, principally for want of provisions. Madrid had been abandoned by the French. King Joseph had retired with 6000 men to Somma Sierra, a strong pass situated on the road from Madrid to France, supposed to be for the purpose of securing a retreat, as Beresford with a combined army of Portuguese, Spanish and English, Romana with the army of Galicia and Asturias, and the Duke of Parque, were coming down upon Madrid, with as was said, 80,000 men.
The Duke of Parque had already taken Salamanca from the French, and Romana was in Valadolid by the last accounts.
THE SPANISH AMBASSADOR.
Yesterday the Spanish frigate Corneia anchored in the harbor of this city. On passing Fort Columbus she fired a salute of 13 guns which were answered by a similar number from Fort Columbus.
The Ambassador from the Spanish Juno acting in the name of Ferdinand VII. arrived on board the ship, and landed from his barge at the wharf at lower Greenwich street about 5 o'clock. On leaving the wharf he was saluted with six guns, and an equal number on his landing, from the United States frigate Constitution, Commander Rogers.
There landed of his suite two ladies, a secretary and an officer in military undress, and several others of his domestic suite. They were received by Mr. Stoughton, the Spanish consul & conducted to his house in two carriages.
Some misapprehension of etiquette as to the salute at first took place, as it seems to have been expected by the Spanish officers that the first salute would come from the American batteries; upon some explanation with an officer of the U. S. army and the Spanish consul, the established form of proceeding in such cases was understood; and a communication was made to Fort Columbus of the intention to offer the usual salute.
The usage is, not to salute any but national ships unless previous intimation is given. Had the Spanish vessel passed up the river with sails set, she would have been saluted by Commodore Rogers, but as she took in sail and came to anchor, the usages of the navy it seems considered her only as a battery when not under sail.
Some silly rumors were afloat on the occasion, and much talk about it, but all really meaning nothing, but talk.
Perhaps it may not be amiss on this occasion to anticipate the busy versatility of conjecture, by a few ideas on what will probably be the course of our government, in relation to the new diplomatic character.
Our country as a neutral nation can take no side in the disputes of belligerent nations. It is not for the U. S. to question the existence or non existence of either of the nominal kings of Spain, whether it be Joseph at Madrid or Ferdinand at Orleans. The establishment of a peace will settle the question as to the future possessor of the efficient authority of Spain.
Possibly the same course will be now pursued as was pursued in an early stage of the French revolution, when the minister of the Republic admitted the minister of the Bourbons, both offered credentials to the President of the U. States. The laws of hospitality were extended to both, and the government received every communication which did not go to involve the neutrality of the nation. On questions which involve the disputed authority, our government will maintain a rigid neutrality. On matters which refer to civility and the usages of polished nations, nothing will be done to wound either of the competing powers.
We leave purposely out of view the present discussion of other rumors, as to the intended or supposed intentions of England, in promoting this new mission at this time. The views of our nation are uncouth in competent to we and truly estimate whatever may have a relation of that kind; and as supporters of the national government and we are proud to say, possessing an ample share of its confidence, we venture thus to offer what we conceive will be the course of its prominent towards this new mission.—N. Y. Pub. Adv.
At the Court of the Queen's Palace, the 12th of July
PRESENT—The King's most excellent Majesty in council.
"Whereas, his majesty was, by his order in council, of the 21st of May, 1809, pleased to direct, that no foreign vessel, as therein excepted, should enter into the port, harbor, or road lying between the island of Heigoland and Sandy Island, and the shoals of the said islands respectively, and commonly called or known by the names of the North Haven and the South Haven, under any pretence whatever.
His majesty is pleased, by and with the advice of his privy council, to revoke so much of the said order as respects ships entering into the port of the said island or places therein, in ba last; and to direct that henceforth merchant vessels, under any flag except the French, coming in ballast, shall be allowed to enter therein without his majesty's licence; and the right hon. the Lords Commissioners of his majesty's Treasury, & the Lords Commissioners of the Admiralty, are to give the necessary directions herein as to them may respectively appear.
W. FAWKNER.
LONDON, July 31.
Commercial Regulation. Mr. Fawkesner, the Secretary to the Board of Trade, addressed a letter on Saturday in his official character, to the Commissioners of the Customs, in which he states, that it having come to the knowledge of their Lordships, that serious abuses had been practised with respect to licences granted to neutral ships, many having been forged, others used with altered dates, &c. &c. It is ordered that all ships, which may henceforward enter the ports of the kingdom, under the sanctions of licences granted by his Majesty, shall before such ship be permitted to unload her cargo, have the licence forwarded to the Treasury for the purpose of being strictly examined, to be agreed upon accordingly. This order has occasioned considerable ferment; and it is certainly of the first importance to the commercial interest.
DOMESTIC.
BOSTON, Sept. 20.
COMMUNICATION.
We learn that during this week a seizure of a considerable amount of English dry goods was made in this town, on suspicion of their having been brought in with the duties being secured. We rejoice that the vigilance of our revenue officers has at last led to the detection of one of the host of smugglers, who, in defiance of every moral obligation, are defrauding the government.—It is hoped that all good men will unite in their endeavors to put an end to the scene of iniquity, which in face of day has been carried on among us. Shall we permit fraud & villainy to triumph, & to riot on their ill-gotten gains, to the loss and discouragement of all honest importers; or shall we not rather openly join in an association to prevent the repetition of such nefarious deeds—Much may be done in the way of prevention, if our Auctioneers will cordially co-operate with the merchants, and refuse to receive any suspicious goods for sale—on no class of men does the enforcement of the Revenue laws so much depend as on them. We presume that they will come forward, and pledge themselves in the meeting which is proposed in yesterday's Palladium, for Monday evening, that they will heartily co-operate in the laudable undertaking. To screen the guilty can never be the wish of any upright mind.
ONE OF THE SUFFERING COMMUNITY.
RUSSIAN CONSULATE, No 87, Orange street, Boston. This is to inform the merchants and all concerned, that no American ships will be admitted into any of the ports of Russia, not excepting her colonies on the North West coast of America, without a proper certificate and bill of health from the Russian Consulate residing in Boston. Boston, Sept. 26, 1809.
QUEBEC, Sept. 14.
CAPTURE OF SENEHAL BY THE BRITISH.
The Surrey, capt. Potts, sailed from Madiera July 28, & from Fayal Aug 13—C. pt. P. has communicated the following intelligence.
"The fortress and dependencies of Senegal surrendered, on the 12th July, to his Britannic Majesty's forces under the command of Com. C. in chief, of H. M. S. Sealy."
"The forces consisted of 100 men of the Royal African corps from Goree, and the sailors and marines of the squadron, in all 400 rank and file. These were accompanied by eight gun boats belonging to the fleet. The enemy made a sortie to drive the troops back, but after a skirmish of two hours, they retreated to the fort. In the mean time the gun-boats attempted to pass the bar; but only three of them had the good fortune to get over; they however, succeeded in cutting the boom and capturing two of the enemy's gun boats, and maintained themselves within a short distance of the fort. After some further resistance the enemy surrendered prisoners of war, to be sent home and regularly exchanged."
"The squadron consisted of the Soleby, commodore Columbine, the Tigress brig, captain Parker, one Liverpool letter of marque, one transport, and gun boats."
"The Soleby unfortunately got on shore, having run very close in to protect the landing of our troops, and was lost. Capt. Parker and one midshipman, and several seamen were drowned in two boats which upset and sunk on the bar."
The capture of Senegal, by the English, is confirmed by Capt. Poyter, in the Triton, who arrived at Boston on Friday, and informs that on the 22d August in latitude 29 46, lon. 28 44, he was boarded from the British schooner Tarente, from Fayal, where the Derwent brig of 18 guns, had put in, and informed that Senegal surrendered on the 12th July, and that the Soleby frigate was lost. Com. Columbine commanded the naval, and Major Marwell the land forces.
EXTRACT
Of a letter from a celebrated Physician in Marceilles, dated in May, to his friend in Cambridge, Massachusetts.
"Poor CHARLES the IVth, formerly king of Spain, is still here; with feet, legs, knees, and hands swelled by a gouty and rheumatical affection. He has with him a Spanish gentleman of the faculty, but he has caled for my opinion, and I have paid him a few visits."
EXTRACT OF A LETTER—dated, RIO DE JANEIRO Aug 3, 1809.
"A Spanish vessel has just arrived here in 14 days from Buenos Ayres, with information that the new Spanish Viceroy had arrived there from Spain, and a Governor at Monte Video; that on the 19th ult. Liniers gave up the government quietly; and had retired with an annuity, and the rank of Field Marshal, in consideration of past services. Senior Elio, late governor of Monte Video, gave up at the same time. No English or neutral vessels will be allowed to enter the river without a special licence from the Spanish Junta, or the government of Buenos Ayres; which may generally be obtained here."
Extracts of letters from a respectable merchant in Havana, to another in Philadelphia, dated Havana, Aug. 22, 1809.
"Provisions are extremely low and dull here, particularly flour, large quantities of our articles being on hand, and vessels are daily arriving from the United States and Vera Cruz, with cargoes of it, which renders the sales very difficult, and we are made but in small parcels of 40 or 50 barrels. Every other article of provision is abundant and dull. Bordaz Claret sells

brick, though no higher than fifty dollars per cask. Every kind of silk goods are plentiful in demand, and it is only good blue lustreings that meet ready sale at 38 to 40 dollars per piece, of 30 yards, as also satin ribbons, plain, good assorted colours, No. 2 and 4, which can be disposed of at one dollar and twenty five cents, and 1 37 1/2 per piece. A small proportion of embroidered will suit well. The articles which best answer at present, and of which sales are made to advantage, are Creas, Rouens, Russia sheetings, Pluillas, Britannias, Estophas, Brown Flemish Linen and fine Ozana bargs. These articles always command the market, and cannot fail of doing well."
HAVANA, August 29, 1809.—Since our last (of the 22d inst.) our markets continue nearly the same with regard to Linens. A large quantity of Russia sheetings however, has lately been received, which must affect the price of that article. It still sells at 32 and 33 dollars per piece; but it is probable it may fall more. Other articles remain as before stated. Provisions have not suffered any alteration, though a change, for the better, is now likely to take place in the article of flour, as we have not, for 6 or 7 days past, had any arrivals from the United States with that article, except a brig from Boston, which brought a small quantity, and a Spanish ship from Vera Cruz, partly loaded with it. Was this to be the case for a week longer, we are almost persuaded that flour would be again on the rise, because the consumption in this place is great, and some parcels have been re-exported. Our produce on the contrary is, likely to fall, and sales of sugars, particularly, have become dull."
PHILADELPHIA, Oct. 4. EXTRACT OF A LETTER From a distinguished character of the Society of Quakers, in England, to his friend in Cambridge, (Mr. J.) dated "July 5, 1809"
ALMIGHTY some years have elapsed since our last meeting at my house in Clapham, yet in hope that those agreeable days of old are not entirely forgotten, I leave to introduce my respect-able friend FRANCIS J. JACKSON, recently chosen to be our Minister Extraordinary to the United States, as a gentleman of high character and talents, with whose family I have been long acquainted. Believing as I do, that he comes to you in the "Spirit of Peace," and so confident in the hope of spreading the Gospel of Peace in the present world, that he takes over his wife & children. I cannot but wish well to such a man of peace. It has ever been my fervent wish to witness a perfect harmony between our two nations, founded on a reciprocity of interests. I have therefore given him letters to my friend GORE, and to such others whom I most esteem in New York and Philadelphia.
BATTLE OF TALAVERA. The plan of operations agreed upon by the British, Spanish and Portuguese commanders before the battle of Talavera, was as may be gathered from Sir Arthur Wellesley's letter, as follows:—The British and Spanish armies which had formed a junction, and occupied a part of the province of Toledo, were to proceed in a north easterly direction thro' that province towards Madrid, whilst the Portuguese army under Venegas, consisting of 33,000 men, which was then in La Mancha, was to take its route northerly through Aranjuez or some town between Aranjuez and the City of Toledo, and arriving in the province of New Castile, a junction was to be formed with Wellesley's & Cuesta's forces. This triple headed corps was then to proceed to the capital, give the French army battle, and drive them back into the province of Old Castile.
they propose, provided certain indulgences are granted, to build bias to be produced by steam, which shall be capable of carrying each 70 tons of merchandise, produce or materials.
Mr. Roosevelt is now on a tour of observation from Pittsburgh to New Orleans, and has probably by this time reached the Mississippi; he is an intelligent Gentleman, fully competent to the task of ascertaining in what measure the operation is practicable, and in his decision full confidence may be placed. He is well pleased with the Ohio.
Being confident of the practicability of surmounting the obstacles which have hitherto severely opposed our importations to this country by water—a view of the western country becomes truly interesting. The navigable waters of the Ohio and its branches, above the rapids, may be reasonably computed at 5,000 miles. This navigation is embraced by the most fertile shores, of equal extent, in the world, they measure 10,000 miles—partaking of the states of Kentucky, Virginia, Pennsylvania, New York, Ohio and Indiana Territory. Touching the locality of this place [Rapids] all those waters converge at the foot of the rapids, and pass within the span of a pistol shot. At this point the whole of the raw materials produced by the upper country, for exportation, may be manufactured as occasion may require and by the aid of water fall. This parallel of latitude divides two climates in reality, which is demonstrated by the difference of productions within our neighborhood—Cotton must not long descend the Ohio, but ascend and be manufactured here, in sufficient quantity to supply the west with country with that article.
THE ENQUIRER. RICHMOND, OCTOBER 10, 1809. Shall the Minister of the Seville Junta be received?
They import, of pouring fresh detachments into Spain—who considers with what ability and spirit the French have maintained their position in that country, in spite of the Austrian Campaign—who recollects the complaints of Sir John Moore of the incredible "apathy and indifference of the Spaniards" even at that time, and his even "risking his army to convince the people of England, as well as the rest of Europe, that the Spaniards had neither the power nor the inclination to make efforts for themselves"—the complaints of Gen. Blake of the cowardly flight of his own troops on the first sound of the French cannon—the complaints of Sir A. Wellesley's officer, that the Spanish troops were without discipline or skill—the resignation of Gen. Cuesta and some other Spanish officers of their command into the hands of Wellesley, on the avowed ground that they "could not depend on their men"—the jealousy, which the Spanish troops entertain of their English allies, and their complaints of their "tyrannical conduct"—the probability, that as the Spanish officers have left them, the privates will gradually imitate their example, and leave Wellesley alone;—is there a man, who can seriously scan these transactions, without despairing of the success of "the Patriots?" A nation that conducts itself with such spiritless indifference, is scarcely fit to be free. A nation that thus endangers so near and powerful an antagonist as France, cannot expect to be free. If then the question be, who is the most likely to be the proprietor of Spain, there can be little doubt as to our duties or our interests.
But let us apply the principles laid down, to a new case. Long and interesting negotiations have existed with Spain, respecting various points of dispute between her and the United States. Mr. Jefferson informed Congress, in his Message of November 8, 1808, that these "important negotiations with Spain, which had been alternately suspended and resumed, necessarily experience a pause, under the extraordinary and interesting crisis which distinguishes her internal situation." If Don Onis were now received as the ambassador of Spain, would the President of the United States think of renewing these negotiations with him? No; for it would be useless to conclude a treaty with a party, that is even now struggling for its own existence, and may in the next moment be divested of a single foothold in the Empire.
This subject presents itself in another point of view. The U. States wish to be a neutral and pacific nation. But to recognize the minister of either of the parties, as the minister of Spain, would, on the contrary, be to take a side in the contest, and to commit the peace and neutrality of the U. States. To receive the ministers of both, in that capacity, would be a direct solecism in terms.
FOX GOVERNOR. Galosha, Rep. 12 849 Tichenor, Fed. 11 051 For House of Representatives. Republicans elected 118 Federalists 69 IN RHODE ISLAND, if the Republicans have not an ascendancy in the assembly, the federal Majority is certainly reduced from 20 to 2.
Even in Connecticut, in that land of steady habits, a few gleams of light seem to have pierced the thick gloom which enveloped it. There is a talk, that the republicans have gained about twenty members in the late election for state representatives. But it seems at least certain, that in Windham County, 2 of the opposition, and 2 in Norwich, have received their quietus.
Some mistake seems to have crept into the London prints as to an attack on Archangel, and the capture of 100 vessels, laden with tallow, &c. before that place; for these reasons:
1. Because Sir J. Saumarez, who is said to have conducted the attack, was certainly in command in the Baltic and not the White Seas;
2. Because Capt. Manning of the Ann, who arrived at Baltimore on the 30th & left Archangel on the 15th Aug. denies the truth of the statement—although it was given in the London prints of the 14th, as coming in dispatches from Sir J. Saumarez of the 12th. It is possible, that some mistake may have been made as to the place of the attack—Perhaps King, or one of the Baltic ports, may have been the scene of this plunder.
of their services, in case the energies of their country should call for them.
The best resource for the security of our country, and the maintenance of its rights, being in the unanimity and patriotic zeal of its citizens, no greater satisfaction can be afforded to a government faithful to its constituents than results from the confidence which is felt in that public spirit, of which your communication presents so laudable a specimen.
Should the painful necessity of appealing to the military virtues of the nation, be rendered unavoidable by the future conduct of those, whose past has been so little amicable or just, the services now proffered cannot fail to receive the attention due to them. With my thanks for the kind expressions, for which I am personally indebted, I tender my respects and good wishes
JAMES MADISON, Capt. JOHN F. PRICE, } Richmond, } September 26, 1809.
WASHINGTON, Oct. 4. Mr. Erskine on Monday presented his letter of recall and took leave of the President; and Mr. Jackson was yesterday presented to him.
TEN DOLLARS REWARD—Runaway from the Subscriber, living in Powhatan County, on the 30th Augt a negr man named Bob, about 27 years old, 5 feet, 6 or 8 inches high, of a black complexion, rather thin visaged, stammers much when spoken to, he is a tolerable shoe maker and carried with him tools for that purpose, and likewise several articles of wearing apparel needlessly to mention, tho' his common dress is a blue cloth coat, and corded petticoats of a brown color. I am inclined to think he will aim either to get to Richmond or Lynchburg, and either to pass as a free man. Whoever will deliver the said fellow to me or secure him in some Jail so that I get him, shall receive the above reward.
WM. STRATTON, Senr. Oct. 10. N. B. He is a shoemaker—and known as such in Manchester and Richmond.
THE subscriber wishes to purchase immediately, Black Walnut TIMBER, sufficient for the making of two thousand gun-stocks. Any person wishing to contract for furnishing the said timber, will apply to us at our shop, opposite the government house.
STEWART, QUARRIE & KERNES. October 10. The above subscribers wish to employ six good Workmen at the gunsmith business, to whom liberal wages will be given: Also, five or six boys will be taken as apprentices.
COUNTIES, &c. In 1809. Fed. Dem. In 1808. Fed. Dem. *Alleghany 4 0 4 0 *Washington 0 4 0 4 *Frederick 3 1 4 0 Harford 0 4 0 4 Montgomery 4 0 4 0 Baltimore city & county 0 6 0 6 Prince George 4 0 4 0 Anne Arundel 0 4 0 4 Annapolis City 0 2 0 2 Charles 4 0 4 0 Calvert 3 1 4 0 St. Mary's 4 0 4 0 Somerset 4 0 4 0 Harford 4 0 4 0 Worcester 2 2 4 0 Caroline 0 4 2 2 Talbot 0 4 1 3 Queen Anne 0 4 0 4 Kent 0 4 0 4 Cecil 0 4 0 4 36 44 43 37
THE subscriber wishes to employ two good Workmen in the wheelwright business, to whom good wages will be given. The workmen may be at liberty to work by the piece. Also, two apprentices are wanted for the wheelwright business.
A QUARRIE. October 10. 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.
WHITE & SHELTON. October 10. WINDSOR, FOR RENT—Will be rented, on Wednesday, the 18th of the present month, to the highest bidder, on the premises, called Windsor, for the term of one year, to commence on the first day of January next. The tenant will be permitted to sow what he will, if he wishes to do so.
SAML. GREENHOW, Agent for WM. LANGBORN, Executor of WM. DANDRIDGE, Deceased. October 10.
HALIFAX COUNTY, October 10, 1809. THE subscriber wishing to remove to the Western Country, offers for sale, in this county, 625 acres of Land, whereon he at present resides. This land is equal in quality, to none of the high land in the neighborhood, and is situated in a considerable portion of it, is well adapted to the culture of grain, all kinds of Crops, cotton, and highly improved, with good houses, enclosures, &c. and favored with excellent springs of water; altogether affording one of the most pleasant, and healthy situations in the county. The dwelling-house is sixty four feet in length, composed of a centre part 24 by 22 feet, two stories high, and wings of twenty by eighteen feet, covered with hem-potash ridge plank and shingles: the under pinning a chimney of brick, neatly laid, with convenient fire places, & wood &c. in the several apartments. Sair cases, &c. in suitable style. The kitchen is 28 by 16 feet, a meat house 12 by 10 feet, and a dairy 10 by 8 feet, are all framed houses, neatly built, and covered with featheredged plank and pine shingles, underpinned with brick; plank and brick floors, as they severally require; with a large brick chimney in the kitchen suitable for cooking, and a stair case and upper room, with other finishing. These houses are all new and cost upwards of $2,000; there are also, a number of other houses of considerable value and convenience. About 100 acres of the land is cleared, enclosed, & divided into different fields of from 10 to 20 acres, with excellent fences, and in good order for cropping. The residue, except a small part, is wood land, and generally of better quality than that heretofore cleared, and finely timbered; the whole lies well, is within two miles of Halifax court house, and upon the large trading road to Richmond, and Petersburg, where it renders it a most eligible stand for any person wishing to turn his attention to public business. The price required is only six dollars per acre in cash—but if time is wished, it can be given to an extent not exceeding three or four years, upon payment of legal interest. The sale will be made privately, and possession given when required, on application to
BERTMAN GREEN. Oct. 10.
PUBLIC SALE, of NEGROES & STOCK. On Monday, the 11th day of December next, will be exposed to sale, at the O'ke, in the county of Hanover—120 NEGROES, belonging to the estate of the late Judge Lyons, 1800, amongst whom are carpenters, sawyers & laborers, young and old. A credit of 12 months will be allowed the purchasers, on their giving bond with the most acceptable security to the trustees.
On Wednesday the 13th day of the same month, at the late dwelling house of the deceased, will be sold, the household Furniture, with a crop of corn in stock and farm utensils. On Friday, the 15th, will be sold, at one plantation called the Fork, the crop of Corn, the Stock and Tools: And on Monday, the 18th, will be sold the Mangrove plantation, in King William county, the crop of corn, stock, &c. The crop and stock will be sold for cash, the other articles on a reasonable credit. All persons claiming to the estate are requested to make payment on or before the first day of January, 1810; the money being appropriated to uses which will pay all claims of inheritance.
BY THE TRUSTEES. Oct. 10.

[FOR THE ENQUIRER.] In the Superior Court of Chancery, for the Richmond District, Fall Term, 1809. ANN PURCELL vs. CHARLES PURCELL.
The bill in this case was filed to obtain alimony : it stated the marriage of the parties many years ago in New-Jersey, in the United States; and that, without any impropriety of behavior on her part, he had separated himself from her without affording her any support: that with all her endeavors she had often been without the necessaries of life; and his knowledge of the fact, instead of exciting even compassion, had caused only contempt and insult: that she had been frequently compelled to depend upon charity for subsistence; while he enjoyed a very considerable estate real and personal: wherefore, she prayed for an adequate support, and for general relief.
In support of the allegations of the bill, there was the following proof:
1. William Richardson swore, that in 1786, he was living in Philadelphia, a near neighbor to some of Mrs. Purcell's connections, and occasionally visited them: that two of them, Mrs. Dunlop and Mr. Henry were both persons of wealth, and high respectability: that he often heard them express their sorrow, at the marriage of their niece and cousin Ann, to Charles Purcell, from apprehensions that he would not make a good husband: that in 1787 or 1788, the deponent was in Richmond, and among others, became a boarder at the house of Charles Purcell, and that he did believe the said Ann to be the lawful spouse of the said Charles Purcell.
2. Minton Collins swore, that he had been acquainted in the family of Charles Purcell, about twenty years: that during the whole of his acquaintance, Mrs. Purcell was treated by the said Charles Purcell very affectionately; and that he did always believe she was his lawful wife, as she was introduced as such to the acquaintance of many genteel families in this city.
3. Col. Robert Gamble swore, that in the year 1790, before he had removed to Richmond, but while he and Mrs. Gamble were on a visit to that place, Mrs. Purcell was introduced to Mrs. Gamble, by Mrs. Sampson Matthews, and several other ladies: that the deponent soon afterwards removed to Richmond, and from the spring of 1791, until the summer of 1798, he and his family were neighbors to Charles Purcell, during which time, their families reciprocally interchanged the accustomed civilities: that the plaintiff and the defendant lived apparently as man and wife: that he had seen Mrs. Purcell at the city assemblies or balls, and that reputable families were in the habit of visiting Mr. and Mrs. Purcell at their own house: that the deponent was called upon by the said Charles, to unite with Col. Lambert, to take his wife's privy examination , which they did: and that the said Charles always called the plaintiff Mrs. Purcell.
4. Col. D. Lambert swore, that at the request of Mr. Charles Purcell, he, with Col. Gamble, waited on the said Ann, at the house of the said Charles, on the 11th February, 1792, and took her relinquishment of dower , in some real estate conveyed by them; and that he always understood and believed that the said Ann was the wife of the said Charles Purcell, until lately, it had been otherwise hinted by the said Charles Purcell.
5. There was the certificate of the clerk of the Hustings court, of the city of Richmond, which stated, that the privy examination and relinquishment of dower , by the plaintiff, as stated by Col. Gamble, and Col. Lambert, had been returned and duly recorded.
6. Besides, there were seventeen letters filed: 3 dated in '94, '98, and '04, from their friends & connections in Ireland, one directed to Mr. Chas. Purcell, Seville, Richmond , and the other two to Mrs. Ann Purcell, to the care of Mr. Charles Purcell, making the most friendly enquiries after them and their children: 2 others of a most affectionate character, dated June and July 1790, addressed by him to her, by the name of Mrs. Ann Purcell, while she was on a visit to her friends in Philadelphia: 10 others of a like character, dated in '99, 1800, 1801, 1802, and 1803, addressed by him to her by the same name, while she was in New-Kent, at Mr. Andrews' in Norfolk, and in Baltimore: 1 other addressed to Mr. Charles Purcell, by Mr. Pauley, at whose house she had been accommodated at the instance of the said Purcell, including his bill, dated July, 1802; and one other from Charles Purcell, dated Richmond, July, 1804, in which he, for the first time, denounced her—but advised her to go to her brother, and as he might find it convenient, he would give her some assistance.
Upon the bill, and the evidence aforesaid, the plaintiff, by counsel, at February term, 1808, moved for alimony pendente lite : when the defendant, by counsel, asked leave to take the papers, in order to file his answer, which was granted.
The answer was filed the next day—it positively denied the marriage; and stated, that in April, 1786, he had joined a boating party with the plaintiff and seven others, and had taken a trip to the Jerseys; and that soon afterwards, she voluntarily embarked with him for Richmond, where he acknowledged they had passed as man and wife—that the relinquishment of dower was taken more to satisfy those interested in the purchase money, than for any other purpose; that he then denied the marriage—that in August, 1797, a young lady from Ireland, was introduced to him, by the name of Ann Church, by Robert Means, as the niece of the plaintiff, whose expenses the defendant paid; but in a short time, Ann Church proved to be an illegitimate daughter of the plaintiff; that, notwithstanding this, he educated her, and upon her marriage, gave her a lot and house in the city of Richmond; but then declared, that it was done for the respect which he once had for the said plaintiff—that in 1798, when his house were consumed by fire, he was obliged to rent a house, to which he removed; but the plaintiff thought proper to accept of the invitation of her friends, and not to go with him; that, shortly after, she, of her own accord, without his knowledge, extended her visits to the borough of Norfolk, Lynchburg, Williamsburg, Baltimore, and other places, which he admitted, she had a right to do; that in 1800 and 1804, she was in Richmond, and continued there for some time without returning to him or asserting any demand against him; but still he did afford her some aid; but declared it was from charity , and not from any obligation , that he was under; that if she had been his wife, which he denied, yet her departure from him, and her manner of living afterwards, would be a bar to any claim of dower , if he were to die, and should be of course to alimony ; and that if they were married, the court say where the marriage ceremony was performed, the clergyman, and the persons or some of them who were present; and in support of this answer, he filed the following proof:
1. The affidavit of James Miller in which he stated that he had understood, from the plaintiff, that she and the defendant were married in Philadelphia.
2. The affidavits of John Sedwich, in which he stated that about December, 1807, he understood from her, that she was married in Philadelphia to Charles Purcell: but that she did not then wish to live with him, as his wife; but merely to recover of him as much money as she could; and at another time, she said, they were married in the Swedish church in Philadelphia, and that he, the deponent, replied, then you can get a certificate of your marriage; but she said, that they kept no record of marriages, and that after they were married, he left her at her aunt's
door, and that he had no other knowledge of her, until they embarked for Richmond.
3. The affidavit of Robert Cowan, in which he stated, that in 1803 and 1804, a person, by the name of Mrs. Purcell, was at Norfolk, and lived with Jeremiah Andrews, while his wife was in England; and that people spoke freely of Mrs. Purcell, on that account; and that as soon as Mrs. Andrews returned, Mrs. Purcell was discharged.
4. The cross-examination of Col. Gamble which had no bearing on the question.
And thereupon the plaintiff renewed her motion for alimony pendente lite : To which the counsel for the defendant objected:
1. Upon the ground of jurisdictio : and,
2. For the want of sufficient proof of the marriage.
By the Chancellor—
If the jurisdiction of this court were now to be settled upon English precedents, there might be some doubt, about the question, from the cases, as brought into one view, by Mr. Foubanque; but I shall leave this clashing of English judges, to be reconciled among themselves, and take up the question upon first principles.
I hold, that in every well-regulated government, there must somewhere exist a power of affording a remedy where the law affords none; and this peculiarly belongs to a court of equity; and as husband and wife are considered, as one person in law, it is evident, that in this case, the law can afford no remedy; which is universally admitted to be a sufficient ground to give this court jurisdiction; and therefore it must entertain the bill, if there be sufficient proof of the marriage.
The standing rule in equity, is that an answer is not evidence in favor of the defendant, unless it be responsive to the bill; and, therefore, whatever the answer asserts affirmatively, in opposition to the plaintiff's demand, must be proved by indifferent testimony—apply this rule then, to the case before me, and the result will be, that the plaintiff must prove her marriage with the defendant, since he has denied it by his answer, and he must prove the other matters set out in his answer, as not being responsive to the bill: that is to say: he must prove 1st, the circumstances which he states with respect to the relinquishment of her dower: 2d, that he then denied the marriage: 3rd, that Ann Church was the natural daughter of the plaintiff (if he, or his counsel, supposes that to make out these points would be of service): 4th, that she refused to live with him in 1798, in the rented house: and 5th, that her manner of living, while she was from him, was unlike an upright woman; or, if it is intended to charge her with living in adultery , it must be proved by him.
Thus having stated what devolves on each party to prove, I will next examine the proof of the marriage, since it seems to be admitted on all hands, that if they were married, he must allow her alimony : and I confess, upon this point, I do not perceive any ground on which to rest a doubt: evidence of a like description, coming from him under like circumstances, of the most atrocious crime, that he could commit, would be sufficient to take his life; and yet, we are told, it is not sufficient to fix one of the most honorable acts in society upon him; namely, that he was married : lest it should draw from him an annual support for his wife! and it was contended with great zeal and confidence, that there must be proof of an actual marriage , and that the defendant's confession of the fact , though attended with all the present circumstances, was not sufficient; and in support of this, one solitary case was produced of Miller vs. Morris, 4 Bur. 2057, which was an action for criminal conversation , with the plaintiff's wife, which certainly bears no analogy to this case, and if it proves any thing, proves that evidence like that, which is now before the court, may be admitted in all cases, but in prosecutions for bigamy , and for crim. con. for this plain reason, that a crime shall not be fixed upon one , but by the highest evidence ; but the witnoss act of matrimony may, in this case, as in many others, be proved by cohabitation, name, reputation, and other circumstances . The marriage then being fixed beyond any doubt, in my mind, it remains only to be enquired into, whether at this stage of the cause, the defendant has fixed so much blame on his wife, as that she should not have alimony pendente lite . The rule as before laid down as with respect to the answer being evidence, must not be overlooked; and the defendant must prove his affirmative matter contained therein. But not one title of his proof supports the circumstances under which he states the dower to have been relinquished, or that he then denied the marriage, or that Ann Church was the natural daughter of his wife, or that she refused to live with him in 1798, or that she conducted herself improperly abroad: and the whole of the correspondence before stated, proves that these things, so far as they were noticed in it, were not true: and this brings me to his evidence.
1. James Miller's affidavit states, that she said they were married in Philadelphia; but what does this prove? It may be a misapprehension on his part; and I am inclined to think it was.
2. As to the proof by John Sedwich, it is clear upon the face of his affidavits, that he was holding an unauthorized conversation with her, if indeed he held one at all, and that she was not bound to satisfy him about it: but if she did, it is not very likely, from the contiguity of Philadelphia, the Delaware, and the Jerseys, that names were mistaken or misapplied? and if so, then the evidence produced against her, as coming from herself, should not be garbled; and taken altogether, would fix the marriage. And,
3. If any one shall be disposed to indulge his suspicions, because of the evidence of Robert Cowan, I would recommend it to such person, to read the letters of the defendant, addressed to the plaintiff while she was in Norfolk at the house of Mr. Andrews; upon the whole I do not discern any cause of complaint against the conduct of Mrs. Purcell, and she must be allowed alimony pendente lite .
Whereupon the court then made an order to this effect, that the defendant should pay to the next friend of the plaintiff for her maintenance quarterly the sum of $75 pending this suit, to commence from the 1st January 1808, until the further order of the court; unless the defendant should show cause to the contrary before the judge in vacation on the 20th of March next.
who is now Mrs. H. Babney of Richmond: that on their arrival in Richmond, they were very kindly received, and Mr. Waddell gave up his own room to them: and she referred to several respectable people, to prove the unvaried acknowledgements of the said Charles that she was his wife.
And now by consent of parties these causes came on to be heard together, and were submitted without further argument.
By the Chancellor—
The only difference that I find between the record now, and when it was formerly before me, is, in a cross bill and answer: surely if there was any room before to doubt, about the marriage of these parties, the answer to the cross-bill must now be considered as freeing the case of all such doubt: for the answer being responsive to the bill, is good evidence in her favor: and monstrous it would be to admit the state of society, which would admit a man, as for example, Charles Purcell, to bring a woman from another country, and to introduce her here, among his friends as his wife; live with her for many years as his wife; treat her as his wife; convey real estate to her; have her relinquishment of dower to such as his wife; address to her letters, as his wife, and not compel him to maintain her as his wife; unless she was in fault: because, he says, he was not married to her; but this declaration cannot be believed; as to both agree as to the trip to the Jerseys, and as to the time when it was made, but she gives the account of the marriage, in answer to one of his interrogatories, and therefore he must stand concluded upon that point: it may be that he practised a fraud upon her, and that the Swedish man was not a clergyman; yet, it was done by the means of Charles Purcell, and not by Ann Hazleton; and I, will under all the circumstances of this case, hold him to it;—the rule of law is, that in a controversy touching the validity of a marriage, as whether a marriage or not, no alimony is due until some matrimonial proof appear, or that it doth some way constare de matrimonio ; but wherever a marriage doth appear, unless the wife be in fault, there alimony shall be due. God-repair case, 510, and in a book entitled " Praxis in foro Ecclesiastico ," title 35, p. 40, as translated by Mr. Warden, the rule in England was, when a suit was brought in the Ecclesiastical Court, by a wife against her husband, the judge first ascertained the marriage, which he did either by the answer of the proctor or of the principal party, or by testimony; all of which has been done in this case.
The correspondence she was that the plaintiff left the defendant at his instance; and for his accommodation after the fire in 1798: that in 1799 he boarded her at Mr. Pauley's in New-Kent: she went to Mr. Andrews' in Norfolk; that he the defendant, afterwards wrote to her stating, that she must not return, and advised her, that if Mr. Andrews would not board her, to get him to provide her with board in a private house by the year, payable quarterly; and promised to send her some money in a short time; in 1805 he wrote to her again, and among other things stated, that he had sent Mr. Andrews three kegs of butter, and begged of her to be useful in her family, gave an account of his prospects, and assured her that she should not want while he could command a shilling; in fact, it seems that she was kept off by his means that he might recover from his embarrassments, and that when she conceived he had done so, and insisted upon her right to return, then for the first time he denounced her as the most unworthy of her sex. Upon this view of the case, and upon the ground of public convenience, as well as of that respect which is due to the matrimonial status , Charles Purcell should be considered as the husband of the plaintiff, and bound to afford to her a reasonable maintenance. The allowance pendente lite , was made without any particular information with respect to the value of his property; and therefore the court gave him a day to show cause against it; if cause had been shown, and the allowance had been too much, an injunction could have been granted to the excess; but as no cause was shown, the allowance was deemed reasonable; and at an after day, when the parties were willing to bring on the cause, the court thought it best, under all the circumstances of the case, to refer it to a commissioner, to ascertain the value of his property, that only a reasonable annual allowance might be made, that should be suitable to their station in life, for which purpose he was ordered to attend Commissioner Ladd; but although this was for his benefit, it was answered in his name, by a letter to the commissioner, that the order was an unconstitutional attack on the liberty of a free citizen of Virginia, in terms and language very different from his letters addressed to Mrs. Purcell, which induces a belief, that he was advised to this course, and was not in fact the author of the letter addressed to the commissioner; and if that was the fact, and his adviser were known to the court, it should not have cause to regret it. The commissioner however proceeded, and made a report upon the best information he could get, and reports the value of Purcell's property to be $29,800, but as it does not seem to be a very productive estate, and $75 quarterly was thought sufficient, the court will take that sum for its guide now, and fix the annual allowance at $300, with liberty however to each party, to apply to the court, to increase it, or to diminish it, as circumstances may in future make it proper. This is as much, as I think, the court can do. But, the plaintiff's counsel supposed, that the court would set apart, a third of the defendant's estate; but I suppose not; for the husband though bound by every legal and moral principle to afford to his wife a support, yet, if in violation of these obligations, he becomes base enough to cast her off without any just cause , all I apprehend, that can be imposed on him, is a suitable maintenance, which may be varied according to circumstances, and which should not continue longer than until he is willing to restore her, to the comforts of bed and board, and to give satisfactory assurances for her enjoyment thereof, which if she should refuse, the allowance made for her support, would at his instance, be taken away; and if she were to survive him, she would be entitled to dower , and her alimony would of course cease. This is the opinion of the court, conformable to which, Mr. Randolph may draw a decree.
The decree was to this effect:
That the defendant in the first suit should annually, on the 1st day of October, pay to the plaintiff $300 for her maintenance, until he shall restore her to the comforts of her bed and board, and give satisfactory assurance for her enjoyment thereof; that on the 1st October next the quarterly allowances are to cease; and liberty was reserved to each party, at any time, to apply to the court, to have an increase or diminution of the said annual allowance as circumstances may in future make it proper; and the cross bill was dismissed; and it was ordered that the costs of both suits be paid by the said Charles Purcell; who by counsel prayed an appeal; which the court said he might have in the last suit, if asked, upon the usual terms; but in the first suit, the appeal was refused, for these reasons:
1. Because, he had not made any of the quarterly payments, and was under a commission of Rebellion ; 2. Because, the decree was not final, and the appeal was at the discretion of the court; but the Chancellor said, that if Charles Purcell would come in, and give security for his support, and give security for the payment of his wife, proceeding the appeal, it should be granted; but his counsel said, that he would not do it; and the Chancellor said, the appeal should not be allowed; and he added, that he had the highest authority in support of the principles, which he had laid down, to wit: the universal sense of
the country, as declared every day, with great propriety in such cases in the county courts, and in no instance had an appeal from their decisions ever been taken, which proved, that where they had acted, they had done right, and with which the people were perfectly satisfied.
VIRGINIA: —At a Superior Court of Chancery, held at the Capitol, in Richmond, June 20th, 1809. Philip N. Nicholas, Attorney General, on behalf of the Commonwealth of Virginia, Plf. against Lucy Price, relict of Wm. Price, register, dec'd, and Wm. D. James Alexander, John Harvey, and Anne Price, infant heirs of Wm. Price, dec'd by Wm. Duval, their guardian, and the said Wm. Duval, administrator of Wm. Price, dec'd Def's .
Philip Duval, Plaintiff , against the same Defendants .
The Mutual Assurance Society against Fire on buildings in the state of Virginia, Plf. against the same, Def's .
And—
Wm. Marshall and Thomas Taylor, guardians of Eleanor and Lavinia Dandridge, orphans of Wm. Dandridge, dec'd, Plf. against the same Def's .
THESE causes, by consent of parties, were this day heard together, on the bills, answers, exhibits, and report of commissioner Greenhow, made in the second suit, which is substituted, by consent, in the other causes, and were argued by counsel; On consideration whereof, the court, by consent of parties, doth adjudge, order and decree, that John Prosser and Wm. Moncure, or either of them, who are appointed commissioners for that purpose, after having advertised the time and place of sale for thirty days, in two of the news-papers printed in the city of Richmond, do expose to sale, at Public Auction, upon the premises, the following
L A N D S,
Of the Estate of the intestate Wm. Price, late Register, namely: Two-hundred of two Lots, in the city of Richmond, known and distinguished in the plan of the said city, by the numbers five hundred and twenty-seven, and five hundred and eighty, lying on the main street, which were purchased of Alexander Quartier, and adjoining his present residence: Nine vacant Lots in the said city, near the tenement of Joseph Jackson, and a House and Lot, on the main street of Shockoe Hill, near the brick building of Thomas White, commonly called the Blue House, and which the intestate purchased of John Bream: Three hundred and fifty acres of Land (more or less) in the county of Goochland, adjoining the lands of Robert H. Saunders: Two hundred and eighteen acres (more or less) and eighty acres of coal land, both lying on Deep Run, in the county of Henrico: Three hundred and fifty acres on the Richmond Turnpike, situated about three and a half miles from Richmond, being the farm formerly occupied by the intestate, and now by Peter W. Wilson: And ten Shares in the Richmond Turnpike Company, or so much thereof, as shall be sufficient to satisfy the plaintiffs, in their respective claims, with interest thereon from the day of sale, in the order, and on the terms following, to wit: To satisfy the Commonwealth of Virginia two thousand eight hundred and forty-five dollars and ninety-two cents, with interest from the first day of October, in the year one thousand eight hundred and eighty, with costs of suit and expenses of the sales hereby directed, which sales shall be made on twelve months credit, the purchaser or purchasers paying interest from the date, and giving bond with sufficient security, payable to the treasurer, for the time being, or his successors in office; which bond or bonds shall be delivered to the Auditor of public accounts, by the said commissioners: To satisfy in the next place, Philip Duval, the sum of twelve hundred dollars with interest from the twentieth day of November, 1808, and costs of suit, with the expenses of the sales hereby directed, which shall be made on six months credit, the purchaser or purchasers executing a note or notes, negotiable and payable in the bank of Virginia, with approved endorsers, and the note or notes so taken for such sum as shall be equal to the said Philip Duval's claim, with interest until such note or notes shall become due, be delivered to the said Philip Duval, by the said Commissioners: To satisfy, in the third place, the Mutual Assurance Society, against Fire on buildings, in the state of Virginia, the sum of two thousand two hundred and seven dollars and fifty cents, with interest on two thousand and ninety-four dollars and five cents, from the first day of the present month, and the costs of suit, with the expenses of the sales hereby directed, which sale shall be made at 12 months credit, the purchaser or purchasers executing a note or notes negotiable and payable at the bank of Virginia, with approved endorsers, for such sum as shall be equal to the principal & interest of the said society's claim, until the said note or notes shall become due, and costs of suit, which said note or notes shall be delivered to the principal agent of the said society, for the time being; And to satisfy, in the last place, the plaintiffs William Marshall and Thomas Taylor, the sum of fourteen hundred dollars, with interest from the first day of the present month, with costs of suit, and expenses of the sales hereby directed, which sale shall be made on a credit of two years, the purchaser or purchasers executing bonds with approved security, bearing interest from the date of the sale, the said bond or bonds to be delivered to the said Marshall and Taylor; and the court doth further adjudge, order and decree, that the said commissioners, or the one who may act, report their proceedings to the court: As to the dower of the defendant Lucy, in the property directed to be sold, the court will if the parties consent, at a future day, proceed to make compensation to her, out of the other lands of the estate of the intestate: And liberty is reserved to the intestate defendants to show cause against this decree, at any time within six months after they shall severally attain the age of twenty-one years; and by consent of the parties in the last suit, the court doth order the defendant Wm. Duval, to make up the accounts of the intestate as guardian of Lavinia and Eleanor Dandridge, now wards of the plaintiffs Taylor and Marshall, before one of the commissioners of the court, who is ordered to examine, state, settle and report the same to the court, with any matters required by the parties or deemed pertinent by himself.
A Copy. Teste,
PETER TINSLEY, c. c.
IN Conformity with the foregoing decree, we shall, or one of us, proceed to sell on the Premises: On Tuesday the 17th Inst. at 11 o'clock, the Lots mentioned in said Decree:—The Blue House will be sold subject to the possibility of the dower of Mrs. Bream: And immediately after the Sale of the Blue House:—Will be sold ten Shares in the Richmond Turnpike Company:—also mentioned in said Decree:—And on Wednesday the 18th Inst. will be sold on the Premises: that beautiful Seat in the County of Henrico, called Chantille containing 350 acres, or so much thereof, as will be sufficient to satisfy the Plaintiffs in their respective claims, with interest thereon from the day of sale.
JOHN PROSSER, WM. MONCURE, } Commissioners. Oct. 6. tils
N. B. The Sale of the Lots adjoining Col. Quartier was formerly forbidden, but the title will now be guaranteed to the purchasers.
M. M. MYERS, of this city, and B. M. Myers, late of Petersburg, have, this day, renewed their former connection in business, under the firm of
Richmond, Oct. 2. M. & B. MYERS.
FOR SALE —or—rent, that excellent and commodious tenement lately occupied by Col. Monroe. Also, the Tenement adjoining, now nearly finished. Possession can be had immediately of the former tenement, and of the latter one by the 10th Oct. The purchaser will be accommodated with a long credit, if it should be wished. For further particulars, as to sale or rent—Apply to GEO. GREENHOW. Sept. 29. w3w
FIVE DOLLARS REWARD .—Stolen on the stable of Mr. Puryear, near the basin of the canal, on the night of the 24th inst. a large, heavy made, clumsy black Horse: It is believed that one of his hind feet was white, but not recollected which; was marked with the gear; has lost the shoe from his right fore foot, he is about seven or eight years old. I lately purchased a out of a team belonging to a capt. Sharp, for the use of the Manufactory of Arms. The above reward will be paid on delivery of said horse to the subscriber; or ten dollars, provided the thief be secured and convicted. JOHN STAPLES. Oct. 3. w3w
FOR SALE —A small tract of LAND, lying in the county of Prince Edward, on fresh reer, joining the land on which I now reside, and containing about 400 acres. Also, a few likely NEGROES—For terms apply to Wm. Randolph, in Richmond, or the subscriber, in Prince Edward. PETTON RANDOLPH. September 26. w1m
THIRTY DOLLARS REWARD .—Runaway from the Subscriber, on the 29th day of March 1807, a negro man named JAMES—he is about fifty years of age, 5 feet 8 or 7 inches high, spare made, has lost several of his fore teeth, has a down look, and stammers much when spoken to, in an authoritative tone, seeming to make laborious attempts with his mouth and tongue, to answer you, and with difficulty succeeds, at last, in an evasive manner: He formerly belonged to the estate of Mr. Parsons of Gloucester, where it is probable he may now be lurking—in or near Richmond & its neighborhood, where the subscriber has been informed he has been seen. He is a coarse Shoe-Maker, and may perhaps follow that trade. The above reward will be paid, for apprehending and delivering him to the subscriber, living near Aylett's warehouse, in King William county, with travelling expenses, or for securing him, in jail, so that I get him again. THOMAS BOSTON. September 12. w5w
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. 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, $33.33, 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 no long but a few months experience to render his qualifications fully equal. The advantages of the situation are immensely 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 months, 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, books, &c. shall be removed to this place gratis. Communications directed to the subscribers, Lindsay's Store, Albemarle county, will be immediately attended to. THOMAS W. MAURY, FRANCIS F. MAURY. September 12. w1f
ABSCONDED from the Subscriber, on the night of the 7th July last, a Negro man named Stephen 20 years old, five feet, eight or nine inches high, of a tawny complexion, with a very remarkable scar, on the right side of his forehead, occasioned by a burn he carried with him sundry clothes among them was a black duranta coat, constitution cord pantaloons and two cotton shirts. The above negro was purchased of Mr. Joseph Deslaurier of Northumberland County, to which place I suspect he will endeavour to get, as his parents live in that county. I will give twenty dollars to any person that will apprehend or secure him in jail, so I get him again, or forty dollars for his delivery to me living in Brunswick County. PETERSON RAWLINGS. August 22. w3m
COMMITTED to the Jail of the county of Middlesex, the 6th of June last, a negro man, who calls himself HENRY FOX, and says he was born free and raised in the town of Norfolk: He is about thirty years of age, five feet seven or eight inches high, well proportioned, of a very dark complexion, and marked in his face, very thick with pits of the small-pox, had on when taken up, a light coloured mixed Virginia Cloth Coat, a striped Virginia Cloth Waistcoat, and blue nankeen pantaloons, but has with him, a number of other clothes. As the said Negro is supposed to be a runaway, the owner is requested to come forward, prove his property, pay charges and take him away, otherwise, he will be dealt with, as the law directs. TH. HEALY, Sheriff of Middlesex county. August 11. w3m
IN Chancery .—Amelia County, August Court, 1809. Grie Truly, plf. Against Thomas Perkins and Joseph Brown Def's . This day came the plaintiff by John Lane his Council, & it appearing to the court that the defendant Joseph Brown is not an inhabitant of this Court; It is ordered on motion of the plaintiff's Council, That said Brown do appear here on the 2nd day of next November term, and answer the bill of the plff. and give security according to the act of Assembly in such case made, and it is ordered, that a copy of this order be forthwith published for two months successively in some newspaper published in the City of Richmond, and that another copy be posted at the front door of the Courthouse of this County. A Copy. Teste JAMES TOWNES, c. k. September 5. w8w
IN CHANCERY .—At a Court held for Buckingham County, the 10th July, 1809. Thomas Higginbotham and Company, Plf. against Zacharias Tallaferro and Charles Patterson, Def's . On the motion of the plaintiffs by counsel and it appearing to the satisfaction of the court that the defendants are not inhabitants of this State; It is ordered and decreed, That unless they shall appear here on or before October Court next, and answer the bill of the plaintiffs, the Court will then proceed to take the same for confessed, and decree the matter thereof accordingly, and that a copy of this order be forthwith published in some public newspaper of the City of Richmond for two months successively, and that another copy be posted up at the front door of the Courthouse of this County. A Copy. Teste, R. ELDRIDGE, jr. n. c. August 22. w4w