The enquirer (Richmond, Va.), 1808-09-16 00:00:00

PUBLISHED BY THOMAS RITCHIE, OPPOSITE THE POST-OFFICE, AT FIVE DOLLARS PER ANNUM, PAYABLE IN ADVANCE.
FAIRFIELD RACES, 1808.
THE FAIRFIELD RACES will commence on the first Monday in October, and continue for four days.
1st. DAY.—The great SWEEPSTAKE for three years old Colts and Fillies, two miles heat, fifteen subscribers at $200 each, half forfeit. This will be an interesting race to the parties concerned, as four of the gentlemen who are subscribers to this stake, put in three hundred dollars each, over and above the original entry, which gives to the winner of those four, should all those entered start and one of the four wins the original stake, his winning will amount to four thousand dollars, the most valuable stake ever run for in this country.
2d. DAY.—The annual Post SWEEPSTAKE—four subscribers, one hundred dollars each. This is also for three years old Colts and Fillies, two mile heats.
3d. DAY.—The JOCKEY CLUB PURSE of four hundred dollars, four mile heats—free for all ages, if started by a member of the club.
4th. DAY.—A SWEEPSTAKE for Colts and Fillies three years old, five subscribers, one hundred dollars each, half forfeit—2 mile heats.
The former Jockey Club expired at our May meeting last—there appears from the books, that there are a number of delinquent members. The Treasurer has been anxiously hoping that their subscriptions would have been forwarded before this; this must be considered the last Notice—If the amount is not forwarded by the October meeting he shall insert the names of the delinquents in the public prints, and bring suit against them immediately after the races, for the recovery of the same.
The Booths in the field are to be rented as formerly; the course is in elegant order, and from the number of valuable purses to be run for, it is expected there will be grand sport.
E. SMOCK, Treasurer and Proprietor of the Course. [over]
August 26.
THE Broad Rock JOCKEY CLUB RACES, will commence on Monday the 26th day of September: the first day the Jockey Club purse of $400—four mile heats; the second day the Proprietor's purse of $200, three mile heats; the third day a Handy Cap purse of $100, two mile heats, entrance $15.—For this purse any person may run a nag agreeable to the rules of handycapping, whether they are a member of the Jockey Club or not.
WM. BALL, Proprietor of the ground. Sept. 9. (epit26thS)
VALUABLE MANUFACTURING MILL & DISTILLERY.—The subscriber will sell or lease for a term of years, with or without a distillery, containing five stills of near 1000 gallons, the valuable MILL on Appomattox river, in Cumberland, lately owned by William Skipwith. The house is 66 feet long, 26 wide, and three stories high, containing 2 pair best burr and 1 pair cornstones, with Evans's patent machinery and a Saw Mill in complete order. Boats pass under the Mill through one of the best locks on the river—the neighborhood affords an abundant supply of wheat, and on the spot are two commodious houses calculated for a store and residence. If sold, the purchaser may be accommodated with 4 or 500 acres of Land, one half in wood. Terms may be known on application to Mr. Jeffers at the Mill or to me near Genito Bridge.
EDMUND HARRISON. Amelia, April 19. (1awtf)
SELECT SCHOOL.—This school is now open for the reception of scholars; its number is limited to twenty-one: and a few are wanted to complete it.
The instructions given are in the Greek and Latin languages, Mathematics, Oratorical composition, Elocution, &c.
The price of tuition is fifteen dollars a quarter, payable in advance; and no other charge made, either on the scholar's first entering or for fuel.
FRANCIS S. O'HELY. Sept 2. [hawtf]
P. S. I am requested by M rs Cole Dugues to add, that he is ready to receive twelve pupils as boarders, on very moderate terms.—From the known character and habits of this gentleman, the public may be assured that whilst the most scrupulous attention is paid to the morals of their children, they shall be at the same time treated with the greatest liberality of manners.
F. S. O'HELY.
NOTICE.—All persons having Claims against the Estate of William Price, of the county Patrick, are desired to make them known to me intimately, as a division of the Estate will take place among the legatees the first day of January next; those indebted are hereby informed that the situation of the Estate will not admit of indulgence.
PETER SAUNDERS, secy. Exy. September 9, 1808. [daw3v]
TEN DOLLARS REWARD.—Ran away from the subscriber living in the Lower end of Buckingham on the 19th day of this month, a Negro Man named JACK GOULD; he is a bout 5 feet 9 or 10 inches high, 30 or 35 years of age; he is cross-eyed and has a down cast look when spoken to. It is very likely he will forge himself a free pass, as he could write and read previous to his enslavement; he bought himself a horse, stole a saddle which has a plate on the pommel. It is highly probable that he is lurking about Pochwack, where he has relations, he took with him a fine black coat, new swansdown boots, and many other good clothes. I will give the above reward to any person who will apprehend and secure him in any jail, and all reasonable charges paid for his keeping him here.
M. C. HILL, A.M. of Ro. HILL, dec'd. September 2. (1awdw)
BANK NOTES, as below described, were put into the post office at this place on 27th May last, enclosed in a letter addressed to Messrs John Warder and Sons, Philadelphia, and which letter has never been received; it is therefore apprehended that the BANK NOTES may have fallen into improper hands; and should such appear in circulation, we earnestly request that they may be stopped. Any satisfactory information regarding them will be thankfully received, and if required, liberally rewarded.
BUCHANAN & POLLOK. Petersburg, July 5. (tf)
Table with 4 columns: Bank of Virginia payable at their Office of Discount and Deposit Petersburg, to Robert Birchett President thereof or Bearer. Columns: B No., Date, Amount.
CASH given for WHEAT, by WHITE & SHELTON. July 22. (tf)
EUROPE.
NEW-YORK, Sept. 6. From the Boston Gazette.
The British packet Lord Hobart left Falmouth on the 13th of July, and Halifax on the 26th August; of course brings no later London news than we had already received by other arrivals.
A Spanish officer from Coruna arrived at Falmouth on the 10th July in a passage of only 5 days, and proceeded to London. He informed that 35,000 French troops had been killed in various skirmishes by the Spanish Patriots, who were in possession of Madrid, and had taken prisoner the wife of Murat.
A communication between Falmouth and Coruna had been opened; the first British packet would sail for the latter port on the 17th July.
The Austrians, it was said, had commenced hostilities, and had taken two or three French towns.
A vessel had arrived at Pictou, in Nova Scotia in 29 days from Glasgow, with information of a peace having been concluded between G. Britain and Russia. All the Spanish prisoners at Halifax had been released and sent to Havanna, and all the transports had been ordered home from Halifax immediately.
This is the amount of the verbal news by the Packet. But all this is comparatively unimportant. The public attention is directed to Spain, where "high-minded men," who love their country, are engaged in a struggle which will be glorious in history whether it terminates in conquest or defeat. The Boston Gazette of Monday, enables us to lay before our readers the following
INTERESTING NEWS. From the Boston Gazette.
On Saturday, arrived the first sailing ship Arcturus, capt. Main, in 48 days from St. Sebastians. Among the passengers in this ship, came P. R. Livingston, esq. who is the bearer of several sets of dispatches from the French government to our own. Mr. Livingston reports, that a few days before he sailed, he was at Bayonne, where a private interview took place between the French emperor and himself—that on taking leave, he was intrusted by the emperor, with a verbal message to the President of the United States; but which he was not now at liberty to communicate. It is understood, however, that French Decrees, against neutral commerce, were not to be relaxed at present; of this we have ample evidence in the subjoined list of condemnations. No American vessels had been released under Murat's decree.
The general complexion of affairs in Spain, is said by several of the passengers, to be high-flattering; that no doubts were entertained of the final success of the Spanish patriots; that the armies were filling up with great alacrity; that arms and ammunition were continually arriving, and the collected force, when arranged and supplied with military stores, would far exceed any force or body of men, Bonaparte could bring against them; that at present the steps of the Spaniards were cautious, although in every instance, where they have been brought into action they have succeeded in repelling or destroying their enemies. The following summary, presents a number of instances of this alacrity and intrepidity. It was furnished by one of the passengers in the Arcturus, and may be relied on as containing facts:
All the provinces of Spain are in a state of revolution, and have actually declared war against France, except Guipusca, Biscay, Alava and Navarra—those being so near and immediately under the power of France, have not as yet taken up arms; but only wait for a favorable moment to join in a common cause—Having the same sentiments as the other provinces respecting France. Many of the inhabitants have gone to Santogosen, and all the soldiers of the two regiments, which garrisoned that town, with some of their officers have also deserted.—This desertion was winked at by the Spanish commander. The French troops, under general Leclerc, who made repeated attacks during 20 days on Santogosen, were always beaten with great loss. The Spaniards fought on these occasions with unexampled bravery; and testiment of success in their just cause. The annexed letter of general Palafox, will show the spirit which actuates the patriots of that brave people.
There is but little doubt that Gen. Dupont, with about 17,000 men, who passed the mountain of Sierra Morena, towards Seville and Cadiz, has been entirely defeated, at Cordova and Andujar. General Moncey who went against Valencia has also been defeated.
In consequence of the disasters of the French, a rendezvous of 17,000 men had been ordered at Burgos, and 3 or 4000 men (French) had abandoned Sant Andero after being in possession of that town for some
week. The French continued in possession of Madrid, when the Arcturus sailed, as well as of Valladolid, Burgos, Victoria, Pamplona, and St. Sebastians; but a considerable army from Galicia and Andalusia was said to be marching towards Madrid. The Lieutenant King, Prince Murat, had returned to Bayonne, and had left Gen. Savary in his stead. The new created King, Joseph Bonaparte, with most of the Spanish Grandees and the delegates with the new constitution, a copy of which has been received by the Arcturus, had set out for Madrid; were at St. Sebastians on the 9th July, where their reception was as cool as it possibly could be. Not a shout or cry in favor of the new King. Nothing was done but what the authorities were obliged to do. It was doubtful if he would reach Madrid under such unfavorable aspects. Most of the Spanish Grandees did not hesitate to declare to their friends, that what they had done was forced on them; that they should on the first occasion, join the patriots with their persons and property.
Palafox the commander of the Spanish troops which took up arms against the French is unmarried—about 32 years of age, youngest of the sons of a Marquis of that name, a family disgusted in the annals of Spain; he was a Brigadier in the King's body guard, and went with the young King Ferdinand the seventh to Bayonne, where foreseeing what was to pass, escaped to Saragossa in Arragon, his native town, and put himself at their head.
Although the citadel of Barcelona is in possession of the French; the citadel of Catalonia is mostly under arms, and have had several successful skirmishes.
There appears great unanimity at Madrid among the French soldiers as well as officers on the Spanish side. The French officers have on various occasions expressed their dislike and regret to march against the Spaniards, in so unjust a cause. Almost all the French troops, now in Spain and Portugal, supposed about 120,000 are young, and of the last conscriptions, and let the issue be what it may, many cannot in all calculations return, or escape from the slaughter. All the French at Oporto have with the general who is in the castle at Fero, surrendered to the Portuguese; but General Junot was at Lisbon at the last dates.—All the Proclamations of the Provincies are warm and spirited, declaring that Spaniards were not against the French people, but against the Tyrant and Usurper.
It appears from the latest accounts that the Spanish war is exceedingly unpopular in France; that the Spanish royal family had been sent into the interior of France, that the troops lately sent to Spain by Bonaparte's orders, were principally new and inexperienced conscripts; that Murat was still at Bayonne, and much indisposed; that the direct road from Bayonne to Madrid was in possession of the French; but was the only communication they had between the two countries.
MILAN DECREE ENFORCED.
We have received by the Arcturus, three of the first condemnations by the Council of Prizes at Paris, of American vessels and cargoes taken under the Milan Decree of the 17th December. The first on the 8th June, (the first sitting) is the brig George, of Newburyport, captain Bray, (late captain Hale) from Labrador, to Bilbao, with fish and some oil, papers endorsed by the British, & being far north and in want of provisions and water, put into Falmouth for supply, where the British government, seeing the unjustness of the endorsement, granted a pass for the original destination and from further detention by British ships. No duties were required or paid at Falmouth. A few miles from the entrance of Bilboa harbor, was taken by a French armed boat off Bayonne, & sent into St. Sebastians in Spain.
The second is the brig Vengeance, of Salem, capt. Ward Chipman, owned by Wm. Gray, Esq. condemned on the 15th June, (the second sitting) bound with a cargo of tobacco from Norfolk (from whence she sailed the 4th of December,) for Bilbao, was endorsed on the 30th of the same month by the I. S. frigate, captain Tower. On the same night escaped and bore away for Bilbao. On the 6th of January, came to anchor at San Antonio; lost an anchor and run for Bilbao, and was taken by the same boat off said port of Bilbao, on the 7th, and sent into Passage in Spain. The cargo was worth 180,000 dollars, at the time of condemnation. Her cargo consisting of 180 hds. tobacco, would have brought one dollar per pound.
The third is the ship Mars, of New-York, Charles Henry master, condemned on the 15th June, bound from Savannah, (from whence she sailed the 4th of January) for London, laden with rice and cotton. On the 4th Feb about lat. 49, N. long. 11, W. was captured by a French privateer off Rochelle, and sent to Passage in Spain. Capt. H. had not his papers endorsed, nor did he see or speak with any English or other vessel.
Captains Henry and Chipman are passengers in the Arcturus.
All the foregoing are facts, and may be relied on. It appears tant after the date of the Milan Decree, and perhaps at the time of Mr. Champagny's letter to Mr. Armstrong, an order was given to the Council of Prizes, to proceed on American cases; but soon after the arrival of the Osage, a counter Order was given; and the three cited vessels and cargoes were condemned with many others, at the first and second sittings, being every Thursday, weekly. Most of the valuable vessels and cargoes were condemned on those days.
It was rumored that a suspension took place in the council of prizes; but two gentlemen passengers, per the Arcturus, saw a letter from Paris, the day before their sailing, to a French gentleman at St. Sebastians, saying, that although it was supposed that the council would not condemn any more, yet since the 15th of June, six more American vessels and cargoes had been condemned.
Among other remarkable cases, one is worthy to be noticed.—A Salem brig, the Hipsy and Jane, was endorsed off the Corvadan on the 3d Dec. escaped the vigilance
of the English, and run into Bayonne on the 5th, and the captain went to Bordeaux to consult and sell the cargo. On the 25th of the same month, the government seized vessel and cargo, under the Milan Decree of the 17th Dec. twelve days after the arrival of the vessel in the port; and will no doubt condemn her—valued at 60,000 dollars.
The following translations are made from Spanish papers, received by the Arcturus from St. Sebastians.
Extract from the Gazette Extraordinary of Saragossa, of the 20th June.
On the 17th a Spanish soldier, who had been a prisoner to the French, delivered a letter, directed to the administration of Saragossa, which had been given by the French general Lefevre, to be placed into the hands of his Excellency Palafox. The same soldier brought with him seditious proclamations printed in Bayonne in the Spanish language, which were delivered him by the French General. The letter was sent without breaking the seal, to his Excellency, who has given the following answer, which was sent this day to the enemy's camp.
If his majesty the Emperor send you, General, to establish the tranquility of this country which it has never lost, the cares which you take are very useless. If it ought to answer the confidence placed in me by the valiant people of Arragon, who drew me from my retirement to place their interest in my hands; I certainly should not fulfill my duty by abandoning them at the appearance of a friendship so deceitful. My sword guards the gates of its capital and my honor is answerable for its security. This labor should not be the lot of those troops who are yet fatigued from their exertions on the 15th and 16th, they will be found, however, active in their ranks; I shall be so in my exertions.
The spirit of the Spanish nation roused by their numerous wrongs, is far from being appeased, it continues to rise. The spies paid by your Excellency are faithless: A great part of Catalonia has put itself under my command; the same has been done by not a less part of Castile: The Captains & Generals of this and of Valencia are united with me; Galicia, Estremadura, Asturias, and the four kingdoms of Arragon, are resolved to revenge their sufferings: The French troops commit atrocities unworthy of men; they rob, insult and murder worthy people who have done them no wrong; they outrage religion, burning the sacred images in an unheard of manner. Neither this, nor the tone your excellency adopts, even after the days of the 15th and 16th, are proper to satisfy a valiant people. Your Excellency may do what you please, I shall do what I ought.
Y. H. S. JOSE PALAFOX Y MELLI, General of the troops of Arragon, PAMPLONA, June 29. ARRAGON.
The Gazette of the 20th, announces that the French army had lost 4000 men, killed, since its entrance into that kingdom, independent of wounded, prisoners and deserters. The Gazette of the 24th, assures that a detachment of 2000 men were marching towards Epila, and who indeed entered, were so completely destroyed that there only remained 400 who could flee. That of the 25th relates another famous action in Saragossa, whose result has been so favorable that we are assured that Gen. Lefevre, can have at the most only 2500 men, of the 12,000 who marched for that place, and Logrono. Indeed God protects our cause, since the Spaniards perform miracles never known in a people so undisciplined. A courier from Gen. Lefevre, has been intercepted, in which he declares to the emperor his want of men, but requests all the kingdoms might be declared already reduced to obedience. Notwithstanding this news, formidable trains of artillery continue to leave this city destined for Arragon, as well as bombs, &c.
A letter of the 3d July states, that in Saragossa, on the 26th ult. a shell from the French camp fell in the square of St. Domingo, which so enraged the inhabitants, they rushed to the field of battle, routed the enemy pursuing them 7 leagues, and became masters of 27 pieces of cannon with all their baggage.
On the 28th, 29th, and 30th there was a violent cannonading, but the result is not known. A person however, who came yesterday from P. assures us that Gen. Lefevre, with the few men left him surrendered, and that the escort with provisions, and ammunition, destined for his camp, had been taken by the Arragonians with 45 baggage waggons.
"GAZETTE EXTRAORDINARY." SARRAGOSSA, July 3.
The day before yesterday, (the first) at midnight, the French camp in the neighborhood of this capital began the bombardment of the city; this was continued till the evening of the following day, in which they expended 1400 balls and shells. They attacked some of the gates, but the valor of the troops and inhabitants who guarded them resisting a gallant fire, destroyed all who presented themselves, scrawling the field with French bodies; in the evening of the same day they continued their attack with their infantry and artillery, and were again repulsed with considerable loss.—At day break yesterday, they renewed their attack on all sides, and after suffering great loss, and convinced of the obstinacy, and valor of our troops, they retired, having suffered from a continued fire of 12 hours. The shot and the shells of the enemy have not only done little damage, but have served to excite a greater hatred to them, and impress with the sacred duties of Religion and our country, of our honour and our king.
(Here follows a long list of promotions.) A great many arms have fallen into our hands, and among the slain have been found some of the ornaments stolen from the churches and houses of individuals: We have made many prisoners.
In all parts the French army has been routed, and intricate and deceive the only resource remaining to save them from total extermination with which they are menaced in Spain.
By an express which left Valencia, on the 30th June, we receive officially the agreeable news that the French army commanded by General Moncey, having attacked that city on the 28th of the same month, were received by such a dreadful fire from the batteries, for the space of seven hours, that after having been routed and their bodies covering the ground in the neighborhood, they precipitately abandoned the field, and in the utmost confusion without provisions and without force, took the road to Madrid, in which the main body of the Valencian army is waiting to cut off their retreat, so that not one of those who remain can escape.
We have also received, by the Courier of to-day, information, that the remains of the army of 16000 men, who entered Andalusia under the command of Gen. Dupont, has retreated to Andujar, and that it is reduced to only 6000: that on the 23d of June they were within the distance of two leagues from the first division of the Vanguard of the Spanish army of that kingdom, commanded by Gen. Castanos, and that the day following would be joined by the second division under the command of Gen. Castanos, for the purpose of attacking and entirely destroying Dupont.
The following is the speech of His Catholic Majesty Don Ferdinand, pronounced on submitting the constitution of Spain, which unanimously adopted by the Spanish National Assembly.
GENTLEMEN DEPUTIES, I have wished to come in the midst of you before you separate. Brought together by a series of extraordinary events to which all nations have been subjected at more or less distant periods, and by the dispositions of my august brother the emperor Napoleon, you have displayed sentiments which are those of the age. You will find the result of them stamped on the constitutional act, which will be read to you.
"With it will cease the long disasters of Spain; disasters, which the secret uneasiness that has for a long time agitated this nation gave but too much cause to apprehend.—The effervescence which yet prevails in some provinces will cease when the people shall know that their religion, their independence, and the integrity of their country are guaranteed; that their most precious rights are acknowledged, and when they shall see in these new institutions, the germ of the prosperity of their country; blessings which the neighboring nations have obtained only by dint of bloodshed and misfortunes.
"Would to heaven that all the Spaniards were together here! One sole interest binds them, and then they would have but one sentiment. We should not see ourselves under the cruel necessity of losing any of those who, seduced by foreign incitements must see themselves reduced by force of arms.
"The enemy of the continent hopes and expects to deprive us of our colonies by taking advantage of the troubles which it excites in Spain. For this reason, every good Spaniard should open his eyes, and cling round the throne. We bring the act which establishes the reciprocal rights and duties of the king and people. If they are disposed to make the same sacrifices that we are, Spain will before long be tranquil and as happy in its interior as it will be just and powerful in its exterior.
"We accept with the highest confidence, this contract at the feet of the Deity, who reads in the innermost recesses of the hearts of men, who disposes of at his will, & who never forsakes the man who loves his country, & has no other fear, than that of his conscience."
The speech being finished, his Majesty delivered the constitution to the President, who handed it to one of the Secretaries; & he having read it in an intelligible voice from beginning to end, the president put the question to the assembly, whether they accepted the constitution, and all the member answered individually that they accepted of it; & then the President answered the speech to his majesty.
Extract of a letter from Bordeaux, dated the 15th of July, received for the Arcturus, Main, arrived at Boston from St. Sebastians.
"French troops are continually marching through this place for Spain by forced marches, where 40,000 have already arrived."
Extract of a letter from Boston, dated September 5 to a gentleman in this city.
"We have it from a gentleman of Respectability, who arrived here this day in the Arcturus, from St. Sebastians, that the Emperor in a late conference with a gentleman attached to our diplomacy at his court, was pleased to express his approbation of all Mr. Jefferson had done, and would take no offence even if we made terms with England; that all which we have heard respecting Spain is true, but the French are marching 180,000 men into Spain, and the road to Madrid is open to them by means of the fortresses which the French previously had contrived to get into their possession."
PHILADELPHIA, September 9. Extract from Antwerp, June 21.
"Respecting the cargoes detained, we cannot yet give any favorable accounts; on the contrary, appearances are growing worse from day to day. Several American cargoes captured or detained under the several decrees have lately been condemned by the Court of Prizes at Paris, and should the least difficulty arise between your country and France, there is no doubt all the cargoes under detention in France will share the same fate. The cargo of the American brig Sally from your port seized at Fushing for having been in England, has been sold here a few days ago by the Custom House. Times are really getting very critical, and how all this will end, it is difficult to foresee."
Extract of a letter from a gentleman in Bordeaux is a merchant in this city, June 21.
"The Council of prizes has not pronounced yet on the fate of American vessels; but they will before long. In Spain and Holland they have released all American vessels

whom they have only to reproach their having been boarded by the English. Every thing announces it will be the same in France."
FROM THE NEWBURYPORT HERALD, SEPT. 6.
Extract of a letter from an American gentleman, received in this town, dated Alicante, July 2, 1808.
"The 30th ult. we received official information from Valencia, that Gen. Moncey, with his army of about 12,000 men, and that they had been repulsed three times; in consequence of this news, the people of this place began to be very uneasy, and immediately made preparation to defend themselves in case they should come here. The castle was immediately furnished with three months provisions, and they had begun to shut up entirely the gates of the city, waiting with great anxiety the news of the decision of the battle, knowing the fate of the whole province depended on the good or ill success of the Valencians. Their anxiety was yesterday dispelled by a post despatched by the Supreme Tribunal of Valencia, with the tidings that the French after having attacked the city seven hours, were completely defeated, with the loss of between 7 and 8,000, and that the few remaining had taken to their heels, happy to be able to get off. However, they were followed, and I have no doubt ere this are all destroyed. Eight hundred friars were in the action—they fought with great bravery—near one half of them were killed."
"Should the French think of making us a visit, they must do it with an army of 6 or 7,000 men, and even with this number I do not think they could take the castle, for its situation is such that not even a small army would almost be destroyed before it could come to the city. We however continue our preparation for defence, and the inhabitants are all determined to defend the city with valor. A small French privateer was brought in yesterday by a king's gun-boat. She has but one paper, a permission to cruise, signed by some marine captain, which I fancy will not answer. The crew will probably be hung, as they are suspected to be pirates."
In addition to the intelligence we have already given respecting Spain, we learn, from papers received at Boston by the Arcturus, that General Lefevre had surrendered to the Aragonese, who had taken the provisions and ammunition destined for his relief; and that Jerome Bonaparte was to be the king of Naples, and Murat of Westphalia.
It was reported, that about 60,000 French troops had been recently marched into Spain, including many of the National Guards. The Patriots are said to have 50,000 availing themselves of the advantages obtained over the Rebels, as those are called who fight for their country. But the circumstances under which those papers are published prevent their obtaining credit.
It appears that orders have been given for disarming all Spaniards. A Bayonne article June 17, says that Gen. Lasalle and Merle, who went to disarm the people at and near Palencia, met 12,000 rebels under Gen. Cuesta, whom they dispersed, killing about 1,000. The French losing 6 killed and 8 or 10 wounded! The French proceeded to Valladolid, disarming the people, and 50 of the most culpable were shot.
"On the 12th of June Gen. Lefevre attacked the army of insurgents of Saragossa, and dispersed them; more than 2,000 of them were thrown into the river and perished. The French had 4 killed and 4 wounded."
[French paper.]
"The emperor has directed that those Spaniards who renounce their errors shall be treated with indulgence; but that a terrible example shall be made of such as shall persist."
"The rebels killed Gen. Cevallos at Valladolid."
Col. Gibbs (one of the passengers in the Arcturus) was informed, when in Paris, that an attack had been contemplated on the Austrian dominions before the disturbances in Spain broke out. That Austria was more formidable than ever, having organized a force of 400,000. The Arcturus stopped at Fayal, and while there, a Portuguese 74, arrived on her way to England, from Brazil, and informed that Sir Sidney Smith was about proceeding with an allied army of British and Portuguese, against Buenos Ayres.
When the advices some time ago reached the United States, of the French armies having marched in detachments to different remote and opposite points, the calculation of men as well as the Spaniards, was, that these detachments would be all cut to pieces; the reports of the defeat of Dupont near Cordova, and his retreat to the Sierra Morena, appeared to satisfy the wisemen of their own sagacity. It turns out, however, that the reverse of the news and the conclusions was the truth, for it now appears that Dupont was the victor, and that the Spaniards had suffered a severe defeat; this does not appear in any of the French accounts, nor in any of the English that we have seen—but it appears in the official Spanish bulletins of Seville. The object of the French was to divide and conquer.
A fact of another novel and remarkable character has appeared. The French emperor, despatched to Seville an accredited ambassador & he was received there by the Junta; his business was despatched in a few words:—"He was sent to apprise the Junta, that the emperor having heard of the assembly of a body of the notables of Andalusia, was willing to testify his respect for any body so respectable, assembled as they were, under the extraordinary circumstances of the interregnum; they must have heard, and if they did not, his minister would present to them, the acts by which the dynasty under which Spain had declined from its pristine greatness and splendor, had voluntarily and absolutely ceased to reign. In this situation of Spain, a new order of sovereignty must of necessity take place; and as the Spaniards were devoted to monarchy, they should not be disappointed; it was necessary, that they should decide between monarchy and anarchy, in which latter case destruction and ruin to the people of Spain, could be the only consequence; but they should have a king; and as the remoter Spanish provinces were divided upon the choice of characters; one of whom had relinquished his claims, and the claims of the other being wholly inadmissible, he presented to them a king for their acceptance, who would unite the security of Spain and its policy, with the restoration of its greatness, and its rank among nations—the king which he presented to them, was then the sovereign of Naples, and who would in a few days be ready to receive them at Madrid, & to receive their homage, & give the legitimate pledges of regard to the interests of Spain. That the nobles & functionaries of Andalusia, would not be pressed for an instant declaration—nor would the army of 500,000 Frenchmen, who occupied the frontier, enter Spain; unless by a blind insensibility to the glory of Spain, there should appear a disposition to involve the nation in a fruitless war."
The ambassador it seems required no answer, and returned to Madrid, and it now appears that Joseph Bonaparte, the king thus proffered to the Sevillians, had taken the oaths of King of Spain administered by the bishop of Burgos, and received the oaths of allegiance of the ecclesiastical and civil dignitaries; that a constitution, suited to their prejudices, had been presented and adopted, on the 30th June, and 9th July, he sat on the throne, and had actually taken possession of the throne.
The Spanish revolution we consider as consummated. Resistance will no doubt take place.
in some of the exterior provinces—but the issue of such conflicts are easily calculated—for it is said that 70,000 additional French troops have entered Spain; it is not the custom of the modern French to swell the numbers of their armies; they rather diminish them upon paper and increase them in the field; if they say 70,000, we should not be surprised to find the actual number double the nominal; unless indeed, the nominal should be deemed sufficient which is very probable. We have seen in some of the accounts which are garbled in the Boston Gazette a species of exultation, at the idea, that the new French army sent into Spain consists wholly of "beardless boys,"—how inconsiderate is this exultation—how shallow the judgment—how ignorant of the causes and character of events that have passed in our own day. The weak and uninformed writers of such notions ought to know, that it is in this very particular that the French military policy is most profound and its energy most potent, veterans are that the periodically withdrawn from the armies to the interior, and recruits taken from the conscription by turn; that before the conscripts arrive at the age of twenty they are disciplined at home, and that it is at the age of 20 they become liable to the tour of duty abroad; their instruction in France is under veterans who have had long experience and the commissioned and non-commissioned officers, are those who have fought and been distinguished in former service. The false zeal of political writers, is perpetually exposing their ignorance, by substituting their prejudices, and wishes in the place of facts. The perfection of the Roman discipline consisted in a system perfectly similar to that pursued by the French—and every nation that is under the necessity of engaging in war, should recruit its armies, and form its battalions, of persons of nearly equal age—and prefer those from twenty to thirty years to any others. Aurora.
DOMESTIC.
From the Salem Register. "It is false that" not "a single vessel & cargo have been condemned in England under her Orders in Council." A correspondent has furnished us with the account of the two following cases: One a total condemnation, and the other to costs. We can produce proof of more cases if necessary.
Messrs. Editors. In perusing the Centinel of the 31st ult. I confess I was not a little astonished to find that there was an individual so ignorant or so unprincipled as to state, that there had not been any vessel condemned in England, under the Orders of Council. Herewith I shall copy, verbatim, as follows:
AMERICAN CONSULATE, PLYMOUTH, June 10, 1808.
Thereby certify, that the Schooner Ammi, of Marblehead, wherewith Thomas Dennis is master, having been detained and sent into this port, in the prosecution of her voyage from Nantes in France, bound to the said port of Marblehead, in the United States of America, in ballast, and a small adventure of Ochre, by his Britannic Majesty's ship of war, Amazon, has been condemned in the High Court of Admiralty, as prize to the Captors. The sentence whereof having been withheld from the said Thomas Dennis, this Certificate is given to him to serve in all cases, and prove the aforesaid act of condemnation—whereby the said Thomas Dennis, his mate and crew, have all been obliged to abandon and quit the said vessel, the particular circumstances whereof are more fully set forth in a special Document of Protest, to which a reference is to be made.
Given under my hand and seal of Office, date as above. JOHN HAWKER, American Vice-Consul.
I wish to know who it is that publishes lies? I must confess, whenever any thing is against England, the federal papers try to make every thing appear in her favor. Thos. Dennis, master, and Samuel Knight, owner, of the schooner Ammi, are ready to make oath to the truth of the above.
Capt. Thomas Dennis, of the schooner Ammi, and Capt. George Bartlett, of the schooner Oriental, both of Marblehead, declare—That to the best of their knowledge, there were upwards of one hundred American vessels at Plymouth, brought in there under the Orders in Council for adjudication; that a number of them had been condemned; and that they were in court at the trial of several American vessels, which were taken under the Orders of Council, & condemned.
I wish to ask Mr. Russell, what he means when he says, that not a single vessel and cargo has been condemned under the Orders of Council? If they are not wholly, they are in part. Are Americans still willing to pay tribute for a small pittance of gain, by licenses from Great-Britain? I hope not.
The case of the schooner Oriental, of Marblehead, I presume, is what Mr. Russell calls cleared, &c. True, she was cleared after being to the expense of £324: 19: 11 sterling, besides her detention from the 3d of March to the 15th of June: and I believe no vessel, that has been carried in under the Orders of Council, has been cleared without paying the costs. If the costs are not paid, how many cases are heard of where demurrage has been paid by them? Not one that I know of.
N. B. The schooner Oriental's cargo from Nantes, was 143 hds. of Salt, sufficient to ballast, which cost about $180. Sir William Scott condemned the schooner Oriental, to pay costs of suits, &c. amounting to $1444 44 cts. upon a cargo of $180. This is clearance with a vengeance! The owner of the schooner Oriental is ready to give oath to this statement.
SALEM, September 7.
The following is a translation of the Decree of the high court of prizes at Paris in the case of the brig Vengeance, of this port. Napoleon, by the grace of God, Emperor of the French, King of Italy, Protector of the Confederation of the Rhine &c.
Our imperial court of prizes has delivered the following decision.
We have seen the process verba signed at sea on the 7th Jan. 1808, on board the French privateer, Precursor, capt. John Heurtant, on which is founded the claim for the capture of the Am. brig Vengeance, Capt. Ward Chipman, from Norfolk bound to Bilbao, with a cargo of Tobacco—in which it is stated that the said brig had been boarded by an English ship of war on the 30th of Dec. last, ordering her in writing not to enter a French port, or a port of any of the allies of France.
We have seen the report, of the 28th of the same month, before the council of the port of Passage, where said brig Vengeance master, and which is confirmed by two out of thirteen men which were put on board said brig.
We have seen the declaration made by Capt. Ward Chipman, on the 30th of Feb. following, stating that he left Norfolk on the 3d of December last, bound for Bilbao, and consigned to Gardoqui and Sons, with a cargo consisting of 168 hds. of Tobacco, belonging to Wm. Gray, of Salem, in the U. States of America, and 11 hds. belonging to Ward Chipman, master of the said brig—that on the 14th of the same month of December, about three leagues from Cape Ortugal, he was spoken by the English frigate Iris, Captain Tower, who ordered Captain Chipman aboard with his papers, and ordering him not to enter any French port, or a port of any of their allies; but to make sail for the Continent of South-America; or the first English port, endorsing the same orders on the back of his register, and invoice.
The above declaration has been confirmed by three of the crew of the said brig Vengeance.
We have seen the papers belonging to the vessel, consisting of,
 1. The Register or proof of American property, delivered by the Custom-House in Salem on the 23d of Feb. 1804.  2. A passport in four languages, signed by the President of the U. States, on the 27th Nov. 1807.  3. A Turkish pass for the Mediterranean, dated March 7, 1805.  4. The shipping paper of the crew, &c.  5. Roll of equipage signed in Norfolk 27th of Nov. 1807.  6. Health Certificate dated the same day.  7. Bills of Landing, P. Dan, freighter, Wm. Gray, and Ward Chipman, owners, according to the proportion mentioned above; Bilbao the port of destination, and consigned to Gardoqui and Sons, consignees.  8. Certificate of Origin, made by the freighter before a Notary Public, in Norfolk on the 28th Nov. 1807.  9. Invoice annexed to the above certificate.  10. Certificate of the Spanish Consul at Norfolk, showing the cargo to be American property.  11. The clearance from the Custom-House in Norfolk, the 28th Nov. 1807. 
We have seen the action presented to the Court on the 14th of May last, in behalf of the owners, captain and crew, of the Privateer Precursor, praying that (in consequence of the brig Vengeance submitting to be boarded by an English ship, and having thereby become denationalized; according to the Imperial decree of the 17th Dec. last, being a just retaliation of the Orders from the Court of St. James, passed on the 15th Nov. 1807,) the court may condemn the said vessel and cargo, as lawful prize to the Captors.
We have seen the Opinion of the Imperial Procureur General, deposited this day in writing, and heard the report of Mr. Chambré, a member of our Court, who reports that the said brig having a cargo of tobacco and bound to Bilbao, became, by submitting to be boarded by an English frigate, liable to the Imperial Decree of the 17th of the same month.
The Court therefore decree, That the capture made by the French privateer, Precursor of the brig Vengeance, under American colors, is good and lawful prize, and in consequence of which they do condemn the brig Vengeance together with her anchors and apparel, as also her cargo to the owners and crew of the said privateer; all of which to be sold in the form and manner prescribed by law, and the nett proceeds, to be given to the owners & crew of the said privateer after deducting the expenses of maintaining the captured crew, in case provision has not been otherwise made for them; as also the contribution to invalids of the Marine Hospital regulated by an act of the 2d Pretrial, year 11.
[Here follows the Order of the Court in regard to the disposal of the Prize, and disbursement to the owners of the privateer.]
Made the 15th of June, 1808. present, COUNT BERLIER, Councillor of State.
Messieurs NIOU, LACOSTE, LALOE, LE CANUS DE NEVILLE, PARSEVAL, GRAND MASON, CHAMPRE, HENRY DUROSNEL, SCHIAFFINO. All members of the Court of Prizes, holding sessions in Paris.
[Here follows the Orders to the Civil authority to put the above decree in execution.]
Signed by the Secretary General, CALMET, in behalf of the Court, and the certificates attesting the above to be a true copy of the original condemnation by the court.
From the National Intelligencer.
No little clamor has been raised against the government for sending the special vessels despatched to Europe, in the first instance to France. Among the other evidences of a devotion to Napoleon, this has been enumerated, and copiously dwelt upon. A few words will expose the folly and ignorance, which have dictated these aspersions, and shew, we presume, some of the reasons which recommended sending these vessels in the first instance to France.
One great object of employing these vessels, is to enable our merchants and other citizens, to carry on their correspondence abroad. So far as this correspondence applies to England, the British monthly packets offer a regular and tolerably secure organ, which would be altogether wanting, so far as related to the continent, but for these special governmental vessels. Hence the necessity of such arrangements, as are the best fitted to carry on a correspondence with the continent, and hence, consequently, the necessity of dispatching the vessels in the first instance to French ports.
Further—We are authorised to state it as a fact, that of the letters sent by these vessels, by far the greater number are directed to the continent of Europe. In the Hope, the last vessel despatched, the number for France exceeded 2,300, while those for England fell short of 700.
Further remarks occasioned by the Speech of Mr. Canning.
"I shall only state that in the whole conduct of the British government, with respect to the affair of the Chesapeake, we have endeavored to keep in view the principle upon which we set out, namely, to make ample reparation for that which was a decidedly wrong act; but to make that reparation under a determination not to surrender a right which the great majority of the country has ever considered as essential to its dearest interests. Sir, I may boldly appeal to the country to determine, whether from the correspondence on the table of the House, any bad disposition on the part of his majesty's ministers has appeared through the whole transactions. That the rupture of the negotiation on this subject was not attended with any hostile feeling on either side,
is an incontrovertible truth. The reparation was not accepted by America, because America would not fulfil the condition on which alone it was tendered, namely the revocation of that proclamation by which the British ships were not allowed to enter the harbors of America, while those of the enemy visited them at pleasure. But, sir, the manner in which the British reparation was tendered to America by a special mission, was to all the feelings of nice honor, an effective reparation, although not accepted; and so in fact we have every reason to believe it was considered by the American government."
From the disgraceful animadversions with which the federal prints abound, it would seem that they had entirely forgotten the black outrage committed on our rights and honor in the attack of the Chesapeake. This act is rarely alluded to, and only recognized as a topic of censure on the administration. While they are absurdly denounced for not heaping unavailing remonstrance on remonstrance on the table of the British cabinet against the British orders, the situation in which the unatoned outrage on the Chesapeake places a government not mean enough to couch to violence and injustice is studiously thrown out of view. Have these party men forgotten the circumstances that succeeded that daring outrage? If they have not, and it is to be hoped will not forget them until ample reparation is made which Mr. Canning pretends was tendered.
For the purpose of exposing the fallacious view taken by Mr. Canning in his remarks on this point, we shall concisely state these circumstances. No sooner was the outrage committed, than the national sensibility was excited to the highest pitch of resentment; with one voice it demanded reparation or retaliation. Even the Essex Junto was awed into silence. The voice of treason was still. The demand for reparation was listened to by the British ministry with apparent respect. The universal sentiment prevalent in their own nation extorted this from them.—Reparation was promised.—Instead however, of instantly making it, and thus effectively wiping away the shade it had cast on the honour of a gallant people, it was deliberately converted into a topic of negotiation, and a special mission sent across the Atlantic.
Immediately consequent on the outrage, let it be recollected, was the proclamation of the President, interdicting the British armed vessels. This measure was universally approved throughout the United States. Even federalists extolled it as an act, just, magnanimous, spirited and pacific. They emphatically declared that more ought not, and less could not have been done; and they admitted that Mr. Jefferson had in this instance exhibited an unequivocal solicitude, by the moderation of his measures, to restore our amicable relations with Great Britain.—On this occasion, to their honor, many leading federalists waited on the President for the first time, at his public levee on the 4th of July, which immediately followed the issuing of the proclamation, to evince openly their sentiments. We speak, from personal knowledge, in saying they spoke in the most decided terms of the soundness of the measure, and of the duty of the people to give it their unanimous support.
After a very protracted delay, Mr. Rose arrived in the United States. His first requisition was, that the affair of the Chesapeake should be separated from all other topics of controversy between the two governments. This was instantly acceded to by our government. Mr. Rose then stated his readiness to enter upon the discussion of a suitable reparation, provided the President's proclamation were previously rescinded. This humiliating concession was rejected by our government; who, however, offered, in case the reparation proposed should be satisfactory, to make the receipt of the reparation and the revocation of the proclamation co-temporaneous.—This position was finally rejected by Mr. Rose, who left the United States, even after having obtained, what Mr. Canning was so anxious for in London, the separation of the affair of the Chesapeake from all others, without having made, or even tendered any specific reparation whatever.
Let us now test the remarks of Mr. Canning by this indisputable statement of facts. "In the whole conduct of the British government, with respect to the affair of the Chesapeake, we have endeavored to keep in view the principle upon which we set out, namely, to make ample reparation for that which was a decidedly wrong act; but to make that reparation under a determination not to surrender a right which the great majority of the country has ever considered as essential to its dearest interests."
The outrage is allowed to have been decidedly a wrong act, for which the British government was bound to make ample reparation. How have they shewn the sincerity of their purpose to make this reparation? Hastily been shown by their omission to make this reparation the moment they heard of the outrage, when it might have been made without negotiating with, or at all consulting our government, by an unqualified disavowal of the act, by breaking and punishing the officer who committed it, or delivering him into our hands for trial, and by a pecuniary indemnity for the injury done to the Chesapeake? Have they even restored the men, who if they had no right to take, they certainly had no right to retain? These acts, distinctly, or in the aggregate, might have been performed by the British government themselves. Did they do the whole, or either of them? Had they felt the reproach upon their characters, as they ought to have felt it, would they not have pursued this course?
No, the affair was submitted to negotiation, and on the eve of this negotiation, still greater outrage on our rights were committed, not by subordinate officers, but by the ministers themselves, expressly enforced by
Among others, Mr. Stoddert, formerly Secretary of the Navy.
The facts are these. To save Mr. Rose from any unpleasant feelings, or from committing his government by any official concession before the revocation of the proclamation, it was proposed that an informal intimation should be made, by which the American government might understand the kind of reparation it was intended to offer, and that, if it were satisfactory, it should be understood that as soon as formally arranged the Proclamation should be rescinded. So anxious was our government for a satisfactory adjustment of this affair, that, finding that Mr. Rose could not under his instructions officially make known the kind of reparation he was authorised to offer, they invited him to make a verbal and official communication.
the royal sanction and approved by Parliament. Is this the proof Mr. Canning alludes to of a total freedom from bad dispositions on the part of his Majesty's ministers?
But it seems that it was resolved only "to make this reparation under a determination not to surrender a right which the great majority of the country has ever considered as essential to its dearest interests."
This alludes to the general subject of impressment, which the American government was in the first instance anxious to place upon such a footing as to secure their seamen and vessels from all future outrages, & with this view originally aimed at uniting the general subject with the particular case of the Chesapeake—but which was immediately abandoned, when they found that it might be an obstacle to a satisfactory arrangement to the affair of the Chesapeake. Mr. Canning's flourish, therefore, on this point, is idle and irrelevant. That determination on the part of the British government unjust as it was, presented no obstacle to their doing us full justice, to their making ample reparation for the outrage on the Chesapeake.
(To be Continued.)
Extract of a letter from a gentleman of veracity, to his friend in Baltimore, dated
NATCHEZ, Aug. 5.
"A preacher who came here yesterday from below the Spanish lines, 50 miles from here, reports that the acades or magistrates had called a meeting of the people, and they were taking the oath of allegiance to Bonaparte. This I give you as I had it; the preacher, however, is considered a man of veracity."
NEW-YORK, Sept. 7.
FLYING ARTILLERY.....We are highly gratified to mention, that measures are adopted to introduce this highly important, modern improvement in military science in this state. On Friday last a first experiment was made by Capt. Bogaert's Troop of Horse Artillery, attached to Gen. Morton's Brigade with a six pounder, the carriage of which was constructed under the direction of capt. Whitley, of Fort Columbus. Gen. Morton with Colonels Cartenius, Loomis and Saltus, accompanied by capt. Townshend, of the U. States Light Artillery, rode out with the troop. The distance to Deyde's was performed in twenty minutes—at the rate of 12 miles an hour. In the spacious field in front of his hotel, the piece was manoeuvred with the prolonge, in the presence of his excellency the governor, lieut. governor, commodore Rodgers, capt. Chauncey of the United States Navy, and a number of respectable gentlemen invited on the occasion by the governor. The celerity and facility with which the piece was manoeuvred, was highly creditable to the corps, perfectly gratifying to the spectators, and satisfactorily evinced the great advantages that must result from this improvement, which we flatter ourselves will meet with every encouragement on the part of Government. Evening Post.
Governor Tompkins' Aid, Mr. Livingston, arrived at Manlius, Onondaga county, week before last, with orders to have 100 men detached from the militia in that county, for the purpose of marching immediately to Oswego to enforce the Embargo laws. The order was promptly complied with, and the troops completely equipped, marched from Manlius on Tuesday last. Ib.
September 9.
Letters received in this city yesterday, mention the death of JAMES SULLIVAN, esq. Governor of the state of Massachusetts. Merc. Adv.
We learn by a passenger in the Arcturus, that Col. Burr and Gen. Miranda arrived in Corunna (Spain) on the 5th of July, via England. Ib.
Letters from Bordeaux by the Arcturus, as well as passengers, state the existence of an embargo in France. Ib.
The Editor of the Mercantile Advertiser received yesterday, via Newport, the following letter from one of those unfortunate men who were basely seduced into the service of Miranda, and are now wearing out life in the dungeons of Carthagena:
"Vaults of St. Clara, July 4th, 1808.
"The Anniversary of the independence of our country.
"RESPECTED FRIEND,
"Supposing that it would not be unpleasant to hear that I am still living, I use an opportunity offered by a vessel going to N. York, to acquaint you with my good health. How long I am to continue in chains and in a dungeon, I know not; I pray God it may be short; for "disguise thyself as thou wilt; still SLAVERY, still thou art a bitter draught and though thousands in all ages have been compelled to drink of thee, thou art not on that account the less bitter."
"I perceive by a printed paper, which accompanied a communication from R. B. Forbes, Esq. that you are one of the committee appointed to receive subscriptions for our relief. You may therefore possibly have it in your power to give me correct information touching the means by which we, poor miserable creatures, are to be emancipated, and when. This I beg you will be good enough to do by the next vessel which may leave New-York for this accursed place, "For the last three years distress has become familiar to me, and even death has been disarmed of all its terrors. Mine is a state in which
"Life dies, Death lives, and Nature breeds
"Perverse, all monstrous, all prodigious things."
"And how long I may be permitted to enjoy health or life, is very difficult to calculate upon in a place like this. Indeed I assure you, were it not for some little glimmering hope that I shall yet see my native country (which I dearly love, and can never forget,) I should, instead of using means to preserve life, be tempted to destroy it."
"If any friends whom I left behind should enquire of you respecting me, be pleased to tell them I still live.
Adieu, Yours ever.
ROBERT SAUNDERS.
From the Hampshire Federalist.
(COPY OF A LETTER.)
U. S. Brig Argus, North River, off New-York, Aug. 7, 1808. GEN. BATON.
Sir—Be assured it is with sincere regret I inform you of the death of my friend Ed

E. Danielson. The circumstances attending it are truly lamentable; and from the information that I have been able as yet to obtain, the dispute or difference originated from the most trivial cause; and the only satisfaction that I have is, that he preserved his unsoiled and unblemished character to the last moment.
I am informed that the friends of the parties (Mr. Boyd and Evans) have written you and no doubt have given you a correct circumstantial account. I shall therefore defer it, as I perhaps, having had them related to me by others, may not agree with them, they however, with Schuyler, left this state last evening. At 5 P. M. yesterday I followed and interred his remains in the church yard at Brooklyn, attended by the principal part of the officers at this station, and feel confident in assuring you, that more sincere regret was never felt by any officers or men on a similar occasion, than by those who attended the funeral of my friend.
But, Sir, it will be useless for me to take up your attention by delineating on this most unhappy affair; for you must be very sensible (from my long intimacy with my unfortunate friend) of my attachment to him. He was buried with as much decency as the nature of the case and shortness of the time would admit. His wardrobe, &c. he left with Mr. Boyd—he leaving this last night, and this being Sunday, prevents me from going to the navy yard, but shall proceed to-morrow, to collect and place in the N. Store, or some other proper place, his effects until I may hear from you;—and permit me to solicit you will write—and any services I can render to the memory of the deceased, or satisfaction to yourself and family will give me great pleasure. I have reserved for his mother and sister, some locks of hair, which I shall retain in my possession until I hear from you.
I remain, &c. FITZ. H. BABBITT, Lieut. U. S. Brig Argus.
Answer. BRIMFIELD, Aug. 14, 1808.
DEAR SIR, The sympathy you manifest in the event which occurred on the 5th inst. so affecting to myself and family, receives our unfeigned acknowledgments.
I wished Danielson might have lived to the usefulness of which he was capable.—But who can parry the arrow of death?—The when and the where we receive the shock is of less consequence than the how. I have always flattered myself that your friend could not die unlike a brave man; but it pains me that the grounds of his fall had not been marked with more usefulness to his country.—Brave, great, and experienced men may sometimes find it necessary to their reputation that they meet in personal contest; this may be justified where the fate of a nation is depending; such occurrences are rare; but the trivial disputes which excite ardent young men to put life up at a game of hazard, cannot be reconciled to principles of morality, patriotism, nor character.—Danielson wanted no tests of his bravery; young, as he was, experience had tested this. I lament more the absence of his prudence than I should the loss we feel had he fallen in the legitimate field of glory. The manner of Hamilton's death added nothing to the lustre of his fame; and the circumstance of Burr's killing him gave no man the more confidence in Burr's honesty nor patriotism; the catastrophe satisfied no one on the merits of the cause which produced it. Individuals may slaughter each other honorably by the laws of Chivalry—all that society can pronounce on this exhibition of courage is— Alas! The absence of Commodore Rodgers at the eventful moment is much to be lamented; his presence would have over-awed the extremity, which has brought affliction to the concerned for the deceased, and a loss to the service of our country. I most devoutly hope that this unhappy incident may prove a caution to the young gentlemen, of your profession, against sudden sallies of passion.
Any thing in detail which you can state concerning the melancholy death of my son and friend, will confer on me a peculiar obligation. I have received no communications from Mr. Boyd nor Evans on the subject. I am Sir, &c.
WILLIAM EATON. Lieut. FITZ. H. BABBITT, U. S. Navy.
Mr. D. fell in a duel with a Mr. Schuyler of N. Y. both belonging to the Navy. The quarrel is said to have arisen from D's declaring that there was not a brave officer from the state of N. Y.
Hemp. —We learn that a sort of Hemp has been produced in Gen. Christophe's provinces, in St. Domingo, very little inferior to the best Russian Hemp. The English government is said to have made an experiment upon both kinds, and have found that the Russian hemp did not exceed that grown in the Haytian dominions, in point of strength, by more than one eighth. A great extent of country around Cape Francois will be sown next season, for the use of the British nation.— Quebec Gazette.
St. Louis, July 19. To morrow the trial of the Indians for murder comes on. We understand they will have counsel appointed to defend them. Their friends and relatives in this place, have held several councils with the governor and Gen. Clark, begging mercy for the culprits.
One of Mr. McClelland's barges arrived here a few days ago from the Maba village, (up the Missouri) laden with furs and peltry. The master of the barge informs us that the Rickarees have built another village on the other side on the other side of the river, surrounded with strong pickets with caves made at some distance, as a place of retreat for their women during attack. They are determined to prevent the Americans ascending the river, & are extremely insolent. It is supposed the agents of the North West Company are their abettors. It is thought that the Maba have killed Messrs. Chateau and McClelland's hunters sometime ago. Their conduct lately has been somewhat Lascivious.
Five men, two of the name of Taylor, and three of the name of Hoxie, have been examined by the same court who committed the murderers, and committed for TREASON, to be tried by the Circuit Court of the U. States at Rutland, in October next.
Samuel I. Mott, the ringleader of the crew who murdered our citizens on our frontier, has been arrested and committed for trial. He was taken in Canada. We understand that the whole of the twelve men implicated have been taken.
New Hampshire Elections. —The returns from 153 towns have been received, from which
it appears that so far the federal ticket had 28,200 votes, and the republican 19,563. There are yet 34 towns to be heard from.
Rhode-Island Election. —Elisha R. Potter and Richard Jackson, Jr. esquires, are elected to the eleventh Congress, and the latter gentleman to the tenth. The whole number of votes given in throughout the state are supposed to be little short of six thousand.— Ib.
The Steam-Boat arrived here last evening, in 35 hours from Albany, with about 120 passengers, amongst whom was gen. Moreau.— Ib. —N. York, Sept. 7.
September 8. From the Public Advertiser. MARK WELL, THIS NOTICE. Messrs. Frank and White,
A correspondent wishes, through the medium of your paper, to present the following peremptory interrogations to Mr. Cheetham:
Did his recent attacks upon a certain character proceed from himself alone, or were they dictated or countenanced by any and what other authority?
Does Gov. CLINTON actually consider himself a candidate for the presidency; does he, without any public nomination, place himself in Mr. Cheetham's hands?
Will Gov. Clinton consent to serve, if elected by "federal aid," against a majority of REPUBLICAN ELECTORS?
Is the vice-president really opposed to the measures of government; is Mr. Cheetham his organ; and does he approve and sanction the present opposition to the administration?
You are particularly requested to publish the above short queries, every day during the week, because it is time that the party should possess a definite understanding of these subjects, and be enabled to pursue decisive measures accordingly. Should no satisfactory answer be given, we must then form our own proper conclusions.
DECISION. From the New-York Gazette, September 9.
Gen. Miranda and Col. Burr are said to be in the English fleet bound from Ireland to the coast of Spain.—Capt. Main of the Arcturus, on his passage to Boston passed through the fleet, and obtained this information from one of the vessels that boarded him.
September 10. A letter received in this city from Bordeaux, by the Arcturus, dated 27th June, says, "A general embargo, it is apprehended, will ere long take place on all American vessels in the ports of France; and it is feared a rupture will be the consequence. Sixty-two American vessels have been lately condemned by the Council of Prizes at Paris. Our markets for colonial and American produce have been very favorable for some time past; prices in consequence were pushed extremely high, but are now lowering, and in no demand."
The Boston papers received yesterday are silent as to the death of Governor Sullivan. In the Repertory he is said to be "very seriously ill disposed."
There was a long and heavy cannonade off Long Island on Sunday last.
Extract of a letter from Halifax of Aug. 22.
The Hussar frigate from Barbadoes, arrived here, obtained from some vessel she had spoken on her passage, the same information as brought by the vessel 29 days from Greenock arrived at Pictou, of the Russians having made PEACE with England, so that from its coming in two channels directly opposite, some degree of credit may be attached to it.
Captain Chipman was at Bayonne twice, where he frequently saw the Great Napoleon, sometimes on shore and sometimes in a barge in the harbor, and always with so slight a guard as indicated no apprehension of personal danger.
The following particulars, we have collected from a passenger in the ship Arcturus, arrived at Boston from Spain. Murat was at Bayonne, dangerously ill of a wound received at Madrid. Madame Murat was also at Bayonne. The confidential message brought by Mr. Livingston, from Bonaparte, is said to be— "Bonaparte requires the President of the United States to declare war against England within three months!—and threatens to make war upon HIM, [the president of the United States] IF HE REFUSES!!!" — Boston Gazette.
Captain Love, who commanded the Driver , and wrote the rude letter at Charleston, has been degraded to a lieutenant in the British service.—Whitby and Berkley continue unemployed.— Palladium.
These lies have been copied from Dr. Ocean's Palladium , and are running through the country like a skunk.—Love never was a captain, and therefore continues to be a lieutenant.—Whitby is gone on the East India station, in a 74—and admiral Berkley has been recently promoted a grade higher than his former rank.— Aurora.
A PRECIOUS DOCUMENT FOR EMBARGO GRUMBLERS!
If there is any merchant who would submit to the following impositions of Britain, he is not deserving the name of an American. Let the embargo snarlers look at this picture of British insolence:—
"The Minerva , Jenkins, arrived in the Downs, from Rotterdam, with 20 pipes gin; sent in to PAY ONE SHILLING AND THREE PENCE PER GALLON DUTY!! AND HER WHOLE TONNAGE DUTY, WHICH IS ABOUT TWELVE SHILLINGS PER TON!!" What say you to this, esquires, Christopher, Harrison, and Jonathan?—What think you now, Timothy! — Boat. Chron.
The barque Southern Packet , Smith, of Salem, has arrived at Surinam, after a passage of 37 days. Two days after her arrival seven of the crew left her, and entered on board English merchant vessels, where the wages are very high, said to be forty dollars per month; on board the Packet they had only seven dollars. It will be difficult to replace the men there, to bring the vessel home. A fleet was soon to sail from Surinam for England, which were taking home a large quantity of molasses, the price of which was consequently high. Fish was about half the price of last year, the market being well supplied by the Nova-Scotia men; other American articles low.— Salem Gazette.
DRAMATIC WONDER. While SIDONS one night was attracting each ear, Some thought— an Attorney was seen shed a tear? "Than which to prefer"—cried a critic—"I'm loth, For it must have been capital acting! both." — London paper.
When the embargo was laid on in Washington's presidency, congress soon saw the necessity of giving him power to continue it for an indefinite period. Congress laid it for thirty days, and Washington continued it for thirty more.— Monitor.
Party men for party purposes talk about perpetual embargo, because the law which lays it does not define the precise number of days it is to last. When war is declared by any nation, does the declaration say how long it shall continue? No. The thing would be absurd. Yet who ever heard of a perpetual war ?— Ib.
BOSTON, Sept. 7. FROM HAVANNA. —Capt. Brown, arrived from Quarantine Ground, from Havana, has politely furnished us with copious files of Havana gazettes, and handbills, to the 10th of August; and a great number of the spirited Proclamations, &c. of the Patriots in Old Spain. The last Spanish accounts are to the 24th June; which is not so late as accounts from Spain previously received:—But they contain some new facts, and numerous fresh proofs of the holy spirit of resistance, which animates the hearts of all the Spaniards. The Phipps brig, of 18 guns, had arrived in Havana from England, via Cadiz, and brought out Col. Williamson , and Capt. Foster , who had been dispatched by the Duke of Manchester, Governor of Jamaica, to Cuba; to place the English and Spanish nations in amity; and open commercial intercourse between them. The French in the island of Cuba were treated with great rigor, and were leaving the island, as fast as they could get away. It was the determination of the government of Cuba in case Spain should be compelled to take the yoke of Bonaparte, to declare the island independent; and form an alliance with England.
Capt. Pierce of the Agnes , has favored us with an original (open) letter from Col. Williamson to Sir John B. Warren , giving an account of the affairs in Spain to the 18th June, and of his mission to Cuba. It was put on board the Agnes to be delivered to any British cruiser she might speak; but not falling in with any, it was brought in. Havana accounts to the 14th August, have been received in New-York.—There was a rumor in Havana, that an exclusive trade to the Spanish islands was to be granted to the English.
THE ENQUIRER. RICHMOND, SEPTEMBER 16, 1808.
PRESIDENT'S ANSWER TO BOSTON PETITION. BOSTON, Sept. 7.
The following answer to the Petition of the inhabitants of this town, from the President of the United States, was received yesterday by the Selectmen, and is now presented to the public by their order. WM. COOPER, Town Clerk. BOSTON, Sept. 6, 1808.
August 26, 1808.
SIR, I beg leave to communicate through you the inclosed answer to the representation which came to me under cover from you, and to add the assurances of my respect. TH: JEFFERSON. CHARLES BULFINCH, Esq., for the Selectmen of Boston.
To the inhabitants of the town of Boston, in legal Town Meetings assembled.
Your representation and request were received on the 22d inst. and have been considered with the attention due to every expression of the sentiments and feelings of so respectable a body of my fellow-citizens. No person has seen, with more concern than myself, the inconveniences brought on our country in general, by the circumstances of the times in which we happen to live; times to which the history of nations presents no parallel. For years we have been looking as spectators on our brethren of Europe , afflicted with all those evils, which necessarily follow an abandonment of the moral rules which bind men and nations together.—Connected with them in friendship and commerce, we have happily so far kept aloof from their calamitous conflicts, by a steady observance of justice towards all, by much forbearance and multiplied sacrifices. At length, however, all regard to the rights of others having been thrown aside, the belligerent powers have beset the highway of commercial intercourse with edicts, which taken together, expose our commerce and mariners, under almost every destination, a prey to their fleets & armies. Each party indeed would admit our commerce with themselves, with the view of associating us in their war against the other. But we have wished war with neither: Under these circumstances were passed the laws of which you complain, by those delegated to exercise the powers of legislation for you, with every sympathy of a common interest in exercising them faithfully. In reviewing these measures therefore we should advert to the difficulties out of which a choice was of necessity to be made. To have submitted our rightful commerce to prohibitions, and tributary exactions from others, would have been to surrender our independence. To resist them by arms was war, without consulting the state of things or the choice of the nation. The alternative preferred by the Legislature of suspending a commerce placed under such unexampled difficulties, besides saving to our citizens their property, & our mariners to their country, has the peculiar advantage of giving time to the belligerent nations to revise a conduct so contrary to their interests as it is to our rights.
In the event of such peace, or suspension of such hostilities between the belligerent powers of Europe , or of such change in their measures affecting neutral commerce, as may render that of the United States sufficiently safe, in the judgment of the President, he is authorised to suspend the embargo.—But no peace or suspension of hostilities, nor change of measures affecting neutral commerce, is known to have taken place.—The orders of England, and the Decrees of France & Spain existing at the date of these laws, are still un repealed, as far as we know. In Spain indeed a contest for the government appears to have arisen;—but of its course or prospects, we have no information on which prudence would undertake a hasty change in our policy, even were the authority of the executive competent to such a decision.
You desire that, in this defect of power, Congress may be specially convened. It is unnecessary to examine the evidence or the character of the facts which are supposed to dictate such a call; Because you will be sensible, on an attention to dates, that the legal period of their meeting is as early as in this extensive country, they could be fully convened by a special call.
I should, with great willingness, have executed the wishes of the inhabitants of the town of Boston, had peace or a repeal of the obnoxious edicts, or other changes, produced the case in which alone the laws have given me that authority; and so many motives of justice and interest lead to such changes, that we ought continually to expect them. But while these edicts remain, the legislature alone can prescribe the course to be pursued. TH: JEFFERSON.
Aug. 26, 1808. The President's answer to the Newburyport petition, is nearly verbatim with the above. The Federalists have reproached our administration with submission to France.—Chiming in with the insinuations of Mr. Canning, they have asserted that Mr. Jefferson durst not take any steps towards conciliation with England, without having previously consulted the wishes of France. It is hence that our messengers have always touched at France before they proceeded to England.—But how completely do recent facts dissipate this illusion!—The federal prints are now the first to inform us, that it was not until "after the arrival of the Osa ," that the Order "given to the Council of Prizes, not to proceed on American cases" was rescinded. It seems that soon after her arrival, "a counter order was given," and three vessels were immediately condemned. For once then, gentlemen, have the honesty to confess, that Mr. Jefferson has taken a high and independent ground as to France; that his propositions to the French government, if he has made any, have fallen short of their wishes—and that instead of soothing them by submission, he has resisted all their demands. We should not now be astonished to see these gentlemen reversing their attacks, & instead of charging Mr. J. with a submissive acquiescence in the mandates of the French Emperor, reproaching him with the exhibition of a high and inflexible spirit. Nothing suits these gentlemen.—They lay Mr. Jefferson on their bed of Procrustes.—"If too long, he is lopt—if too short, he is stretched." Hitherto it has been the cry of French Influence —but it would not be astonishing, if ere long they were to apply the same remarks to our French, as they have done to our British relations—that the administration wanted that "moderate share of good temper and address," which might have secured us from the operation of French decrees.
In one respect, the advocates of the Embargo do not stand upon equal ground with its opponents.—The evils and inconveniences of the Embargo are before our eyes. They are facts, on which any man can expatiate and reason.—But the evils of any other expedient are not completely realized. We can speculate on them with immense force of reasoning.—But it is still, for the most part, speculation combatting experience; conception combatting fact. It is impossible that any other system could have come into operation, at the same time, with the embargo. The embargo could not have been off & on at the same time.—Those therefore, who advocate this measure, though they are surrounded by the strongest probabilities, are yet obliged to contrast facts, which no man can destroy, with probabilities, which prejudice may deny, or ignorance may not understand.
It is easy for any man to find fault. A painter may pour a group of horrors upon his canvas; but who, that was confined to a choice of horrible subjects, could represent a landscape of beauty and festivity? Our "choice was of necessity to be made" out of difficulties alone.—It was not a choice out of goods and evils; but of evils alone.—War—Submission—or the—Embargo, were the alternatives presented. What patriot could have hesitated about the choice?
The documents presented in this day's paper, are of extreme importance. The records of condemnations made both in the English and French Prize Courts, are sufficient to display the real spirit of European decrees, and the dangers to which our vessels and property on the high seas are liable on the most frivolous grounds.—The answer of Thomas Jefferson to the Petition of the inhabitants of Boston is worthy of himself and of the cause of his Country. When such men are permitted to preside over our affairs, the rights and the honor of the United States are committed to their best defenders.—What patriot American will not concur in the sentiment of our patriot President, that, "to have submitted our rightful commerce to prohibitions and tributary exactions from others, would have been to surrender our independence?" What patriot American will not act upon this sentiment?
The Federalists and the minority-men have censured the embargo. They have attempted to exaggerate all its evils and inconveniences.—But whilst they have agreed to denounce it, they seem to have formed no very definitive or consistent views of a substitute.—One is for war—another is for throwing our commerce into the hands of England—a third, for unqualified submission.—The last seems to be the general favorite of the opponents of the embargo.
Let us then suppose for a moment that this dishonorable project had been adopted. There is no embargo. Our vessels, our mariners, and our property, are suffered to seek their destiny on the high seas. A part of our vessels is condemned in the ports of France and Holland. Others are condemned in England. Most of our seamen carried into France, are impressed by necessity, persuasion, or force into the French navy. Most of those carried into England are enlisted by the British vessels on the high seas.—Millions of our property are confiscated. Our merchants are robbed of millions by British requisition and taxation. Our national flag is insulted by a British license. Our honour bleeds at every pore.—Who will believe that this state of things would not have excited a more infuriate spirit of resentment and opposition, than even the embargo has provoked? There is not a federalist and minority-man in the country, who would not have yelped against these measures. Their cry would then have been: "Why did you not lay an embargo? Why did you not rescue our property and seamen from the talons of these weebboots? Neither our honour nor our interests can be confided to your vigilance. The country will be ruined, until the people rise up in the majesty of their strength, and displace such incapable servants. It is we alone, that can save the republic."
What difficulty is there in procuring correct accounts from Spain! What contradiction and contrariety, in the last intelligence which is circulated in the Boston papers!—The Republican & Federal prints have presented directly opposite accounts of the very same transactions!—In reading the diaries of our News-papers, we have every moment occasion to recollect the caution given us by Sir Walter Raleigh. How can we be certain of what happened thousands of years ago, and in distant countries, when we cannot receive precise information of what happened just now under our windows. The intelligence which we have received from Spain by the Arcturus, is derived from the News-Papers of the same town, through the same set of passengers, in the same vessel and from the same port.—And yet how extremely contradictory are the accounts of the very same transactions!—Let the two following instances serve as specimens. When such accounts are published, how is it possible for us to form or express correct opinions of the revolution of Spain!
CHRONICLE. His catholic Majesty slept that night at St. Sebastian, where he was received with the greatest demonstrations of joy and respect.
GAZETTE. They were at St. Sebastian on the 9th July, where their reception was as cool as it possibly could be. Not a shout or cry in favor of the new King.
AGAIN. The opinion of an intelligent passenger is, that the malcontents in Spain, will not be long able to withstand the power and excellence of the new constitution, accompanied with the able and energetic character of the new Monarch.
The general complexion of affairs in Spain is said by several of the passengers, to be highly flattering;—that no doubts were entertained of the final success of the Spanish patriots.
Census of the Inhabitants of Richmond just taken by the master of Police.
Whites, 4241 Free Coloured, 929 Slaves, 3394 8564.
MARRIED. On the evening of Saturday, the 10th inst.: CHARLES L. WINGFIELD, Esq. of Hanover county, to Miss ELIZA WILSON, eldest daughter of Thos. Wilson, Esq. of this city.
ELECTORAL TICKET.
The following is the Madisonian Electoral Ticket, re-published for the information of the Citizens of Virginia. Joseph Goodwin, Senr. Nansemond, Benjamin Harrison, Prince George, Edward Pegram, Senr. Dinwiddie, Richard Field, Brunswick, Col. Thomas Read, Charlotte, Joseph Eggleston, Amelia, Hugh Nelson, Albemarle, Col. George Penn, Patrick, Philip N. Nicholas, Richmond City, Spencer Roane, Hanover, John Roane, King William, Robert Taylor, Orange, Gustavus B. Horner, Fauquier, Robert Nelson, York, Mann, Mann Page, Gloucester, Richard Barnes, Richmond County, John T. Brooke, Stafford, Hugh Holmes, Frederick, Osborne Sprigg, Hampshire, James Allen, Shenandoah, Archibald Stuart, Augusta, Andrew Russell, Washington, Gen. John Preston, Montgomery, William McKinley, Ohio.
* In the place of John Goodwin, deceased. † In the place of Alexr. Smyth, resigned.
FOR BOSTON.
The Schooner MARY ANN , HENRY LUCE, MASTER, Will sail in a few days; for freight or passage apply to HOVEY & SIZER.
Who have for sale, now landing, 17 hhds Antigua Rum, 19 hhds Brown Sugar, 200 reams wrapping paper, 100 reams writing paper, 11 Boxes Spermaceti Candles.
IN STORE, 25 hhds Loaf Sugar, 15 hhds Brown Sugar, 40 hhds N. E. Rum, 6 hhds Philadelphia Whiskey, 8 Tierces & 40 bags Coffee, 200 Casks fresh stone lime, and A general assortment of Gentlemen's and Ladies Shoes. Sept. 16. [1aw3w]
DESERTED. —From the service of the United States, on the 8th inst., a Private in the 5th regiment of Infantry, named JOHN FERGUSON , 30 years of age, 5 feet 1 1/2 inches high, a sickly complexion, dark hair, blue eyes, has a sickly appearance—He was born in Delaware county, state of Pennsylvania—by profession a shoemaker. He said Ferguson had on at the time of his desertion, a round sailor's jacket, slash sleeves, dark drab colour; blue striped Virginia cloth vest,—and Corduroy Pantalettes, torn on the knees—Virginia cloth shirt & an old pair of half boots, bound with cord, which he generally wore under his pantalettes. Also Deserted on the same day, GABRIEL JONES , 21 years of age, 5 feet 8 1/2 inches high, fair complexion, hazel eyes; auburn hair—when spoken to has a down look—Born in Essex county, Va.—bred a Farmer—He wore a round striped Virginia cloth coat, white home spun pantalettes, and vest of the same. Whoever will apprehend the said deserters, and deliver them to me, or to any officer in the service of the United States, shall receive twenty dollars reward,—or ten dollars for either. EDWARD DILLARD, Capt. 5th U. S. Reg. Infantry. Rendezvous, Petersburg. Sept. 16. [ttf]
ADVERTISEMENT. —To rent, and of which possession may be had on the first day of October next, that pleasantly situated tenement of which the late Mr. William Nice died seized, in this City. It is attended with almost every convenience required for the accommodation of a genteel family: but as it is presumed that any person wishing to rent will first view the premises, a description of them is deemed unnecessary. Application may be made to Samuel Coleman at the Capitol, or to the subscriber residing on the premises, who is Guardian to the Orphans of William Nice deceased. ANNE NICE. Richmond, Sept. 16. (14to)
WILL be sold at the door of Buckingham Court-house, on the tenth, say, 10th day of October next, being court day, for cash, by virtue of a deed of trust executed to me by Charles Lesueur, for the purposes in said deed of trust mentioned, one tract or parcel of LAND, (lying and being in the county of Buckingham) whereon I now live, containing by estimation 3 hundred acres, viz. The Land whereon my dwelling-house now stands and adjoining thereto, adjoining the lands of Rolfe Eldridge and others. To use the expressions of said deed of trust being only interested as trustee for the benefit of others, will only convey title to said Land as trustee. GEO: PERKINS, trustee. Sept. 16. (tds)

We are told that this is the precise distinction between the two cases, which have heretofore occurred in the Senate; that the case of Mr. Marshall was and that of Mr. Blount was not an indictable offence, that this distinction perfectly reconciles the proceedings in those two cases. But no such distinction appears upon the face of those cases. From the terms in which the report against Mr. Blount was expressed, it would seem as if the reporters had a doubt of the opposite kind; a doubt like that urged on Mr. Chase's impeachment—that is, whether a member could be expelled for an offence not indictable—for after describing at some length the moral complexion of Mr. Blount's act, they expressly add that it amounts to a high misdemeanor—words which seem expressly chosen to intimate an opinion that the act was indictable; a misdemeanor being the technical language of the law, the special characteristic of an indictable offence.
The course recommended to the Senate, as a substitute instead of that which they have pursued, is itself liable to objections, insuperable to my understanding. I do not find in the constitution any authority given to the Senate to direct any law officer of the United States to commence a prosecution at law, against one of their members. Neither do I find them invested with the power of sequestering a member from his seat. The gentleman said, it was incidental to the power of expulsion. If so, the incident is much broader than the power itself. The superstructure far more extensive than the base. The power of expulsion operates only upon the member. The state retains all its right to be represented, and only suffers during the time, which it may require to supply the vacated place. But when you sequester a member from his seat, you also sequester his state from its proportion of representation. You leave her only one member, while all her sisters have two—and if this sequestration is to continue through all the impanellings of a prosecution in a court at law, this suspension of the state's representation might last through a whole Senatorial term of duty. The same principle, in its application to the other House, would often sequester a district of people from their share in the national representation during the full Congressional period—not to mention the opportunities it would afford to personal enemies and political opponents of taking an obnoxious member from his seat, by the mere institution of a criminal process against him. Another obstacle to this procedure arises from the danger of transferring the decision upon the qualifications of your members from your own body to a different, and perhaps a distant tribunal. It proposes to place the trial of the cause under one jurisdiction, and the sentence to be pronounced by another. Instead of acting upon evidence and information exhibited to your own view, you must take upon trust the correctness of proceedings of every county court of criminal jurisdiction throughout the Union, and resign the right of your members to their seats into the hands of every jury in a court of quarter sessions. This consequence is so obvious, and so incompatible with the clearest privileges of this body, that the counsel themselves perceived it, and shrunk back from their own conclusions. They admitted that after the trial at law, the verdict of the jury would not be conclusive, as a ground for the decision of the Senate on the question for expulsion—Nay they admitted that even after a verdict of acquittal, the Senate might again enter upon the enquiry. If the acquittal were on fair and honorable grounds, they thought the Senate would be bound to abide by it, but if it should be obtained upon legal exceptions, or by the exclusion of evidence upon objections to the more legal competency of the testimony, we might resume the investigation, and proceed to expel the acquitted member, on such evidence excluded by the formal limitations of practice in the judicial court. But, sir, how are the Senate to know, unless it be from the face of the record, upon what grounds the party was acquitted? His plea to the indictment is, 'not guilty.' This is the issue upon the trial, and under this issue the person accused is entitled to the benefit of every exception of legal form as well as of honorable substance. The jury are judges both of the law and the fact. The testimony, whether admitted or excluded, seldom appears upon the record. The jury on combining every point both of law and of testimony, find it insufficient to convict the party accused, and they return a general verdict, in the two words of his plea 'not guilty.' They give no reasons for their verdict. The jury at Richmond, indeed, on the trial of Mr. Burr for treason, did assign a reason—but this was an extraordinary exception—they are not obliged to give their reasons, and they scarcely ever do give them. How then are we to know whether the acquittal was honorable or otherwise, by receiving testimony? Why then be return to that original foundation of our own sound discretion, upon which I have contended that our authority rests. We send the party to a court of law for trial, and the court sends him back to us for two—one for himself, and one for the jury which acquitted him. We go from discretion to law; and then with an aggravated burden return from law to discretion.
Let us however, for a moment suppose that this doctrine of Mr. Smith's counsel is correct, and that our authority to try this cause is appealed, late and not original. The consequence is, that we ought not to do, what they tell us we ought to have done at first. Their argument invites us now to sequester this gentleman from his seat, and send him to a circuit court of the United States for trial by jury, with directions to the proper law officer to commence a prosecution against him, and with the whole mass of evidence which has been produced against him; that the personal attendance of the witnesses may be obtained at the proper time and place. If, sir, the object were to deprive Mr. Smith of his seat, for the remainder of his term, this process would answer as effectively as the adoption of the resolution before you. I must therefore believe that it cannot be Mr. Smith's desire, that we should on this occasion renounce our own course, to follow that intimated upon us by his counsel.
Having disposed of the objections to the jurisdiction of the Senate, let us pass to those which have been urged with equal solemnity against the species of evidence which has been received. I listened with great attention to the comparison drawn by the gentleman who insisted most upon this point, and in particular to the parallel which he drew between the relative merits of written and oral testimony. There are doubtless advantages to be derived from the examination of witnesses in person, which cannot be communicated to written depositions. But theoretic perfection must necessarily yield to possible practice. The evidence on such an enquiry as this is from the necessity of the case all voluntary. The member whose conduct is implicated, has great advantages for defence, which he would not possess on a trial in a court of law. He is defended by the able counsel admitted at your bar when there is no legal counsel against him. He has the opportunity to collect against all the industry and activity inspired by his interest, every particle of evidence that can be brought in his favor, while that which appears against him, must come without search; must present itself unminified. No member of this body can be charged with the duty, and surely none would spontaneously undertake the task of summoning witnesses to attend here in person from the two extremities of the union; nor, were they summoned, is it at all clear that they would be compellable to attend. To call exclusively for the evidence of witnesses in person, is therefore to strike at the root of the Senate's power to pursue such an enquiry as this. It is to make the power expressly designated in the constitution, so far as at least it would be in the great number of cases; and in the present instance it would require us to go through this whole investigation again. We must consider every thing hitherto done as an absolute nullity, and send for perhaps an hundred witnesses from New Orleans to Newtown, in Connecticut, to assemble here at some day of the next session, (we shall certainly not have time for it during the present) to testify to the conduct of Mr. Smith, and to the characters of the witnesses for and against him. This objection therefore if valid, would in its operation be as unfriendly to Mr. Smith, as the last. As that would send him to a court of law for the trial of a title, extinct before it could be confirmed, so this would postpone the question upon the right to his seat, until the seat itself was vacated by the lapse of time.
It is I presume from this necessity of the case that in the British House of Commons, proceedings of this nature are always in a great degree summary, and that the evidence upon which they proceed is subject to none of the restrictions to which they so rigidly adhere in their courts of law. As our power of expulsion is granted in the constitution, and as it was no doubt originally derived from the English Parliamentary usage, I thought it my duty to consult with as much care and attention as a limited time would allow, the journals and debates of the House of Commons in England, to ascertain what their practice had been in these cases. Nor could I hear without astonishment, the assertion so confidently made by one of the gentlemen counsel for Mr. Smith (Mr. Key) that no instance of this summary proceeding could be found in the British Parliament, unless it were in the time of Cromwell. Where the gentleman obtained his information, it is not my business to enquire; but I can say that in my examination of the journals, I have been unable to find a single instance in which any other than a summary proceeding was had, in which the judicial rules for authenticating evidence are required. That this however may no longer rest upon assertion, shall now read you, sir, two cases which occurred; not in the time of Cromwell, but in that of Queen Anne.
The first is that of Thomas Ridge, which in the parliamentary debate is related thus:—vol. 14, p. 177. "On the 3d (of January) Mr. Harley Chancellor of the Exchequer, accompanied the Commons, "that on examinations relating to the navy, taken before the lords commissioners of the treasury, some considerable abuse had been discovered in the victualling; and that a member of that House was named therein; upon which the Commons resolved to present an address to the Queen, to have those examinations laid before them; which being done accordingly, and the same referred to a committee, Mr. Ridge, the member named therein, desired that he might attend that committee to make his innocence appear. He attended the committee; the report against him, and afterwards on the 15th, "The Commons took into consideration the report from the committee appointed to enquire into the abuses of the victualling; and the said report being read, it was unanimously resolved, that it appears to this house that in the management of her majesty's brew-house, as well as in the contracts for furnishing the navy with beer, there have been many notorious imbezlements and scandalous abuses to the defrauding the public of great sums of money to the injury and disadvantage of the seamen; and ordered that the commissioners of victualling have a copy of the said report. "After this Mr. Ridge was heard in his place to the matter of the report relating to him, and being withdrawn it was resolved. "1. That it appears to this house that Thomas Ridge, esq. a member of this House, is guilty of great frauds and abuses, by having embezzled and misappropriated 5,515 tons of beer upon the account, and 2703 of beer in partnership with Mr. Dixon, and having received £113 for the whole, although he delivered but 213 tons of the first and 1,269 upon the latter contract. "2. That Thomas Ridge, esq. is guilty of the said frauds and abuses, excepted this 11. "3. That an humble address be presented to her majesty, that she will be pleased to give direction to her Attorney-general to prosecute the said Mr. Ridge, for the said frauds and abuses." Shall we now be told, Mr. President, that the practice of the English House of Commons, on cases of expulsion, is a summary one; that they first send the member to a court of law for his trial; that they receive against him none but judicial evidence? Here is a case, not in times of violence and faction, not for political motives, or to remove an able and obnoxious member, but for mere fraud and embezzlement; the member is merely named in certain written examinations; on that evidence, after reference to a committee, and their report, he is expelled, and immediately after, an address to the queen is voted, to direct a prosecution against him for the same acts. The next case is that of Mr. Walpole. He was implicated in a report from the commissioners of public accounts; he was heard before them, and there had a witness sworn to an affidavit in his favor. On their report, they presented to the house the depositions of this witness, which were received and read. Another witness was called in and examined, apparently not on oath, before the house itself. Mr. Walpole was heard in his place and withdrew; after which the house came to the following resolution: "That Robert Walpole, esq. (a member of this house) in receiving the sum of 500 guineas, and in taking a note for 500, more, on account of two contracts, for forage of her majesty's troops quartered in North Britain, made by him when secretary at war, pursuant to a power granted to him by the late Lord Treasurer, is guilty of a high breach of trust and notorious [not convicted, but notorious] corruption." "2. That the said Robert Walpole esq. be for the said offence committed prisoner to the Tower of London, during the pleasure of this House; and that Mr. Speaker do issue his warrant accordingly. "Then a motion being made and the question put that the house should adjourn, it passed in the negative; and after a small debate it was resolved (though by a small majority of about 30 voices), that the said Robert Walpole, esq. be for the said offence also expelled the house." The only cases of expulsion which I recollect to have occurred during the present reign are those of Mr. Wilkes which occasioned so great a great fermentation in that country, from a subsequent question raised by the House of Commons in their decision, that by mere fact of expulsion he was incapacitated from being elected again, I shall not refer to these at all as a precedent, but will barely refer to your own remarks made on it by Mr. Belsham, an historian who has been censured as leaning to an excess in favor of republican principles. He says, "It could not be denied that the House of Commons had ever exercised a judicial authority, which could in no other hands be so properly placed, in determining upon the validity of returns, and the qualifications of their own members. This authority might undoubtedly be abused, or indirectly exercised, but all power is in its own nature liable to abuse; and if so vague an objection be admitted, the powers vested in all political bodies, however constituted, must be annihilated, and the bonds of civil society are at once dissolved. The power of expulsion for such offences, as appear to the house, to render any of its members unworthy of the trust reposed in them, had been exercised in numerous instances, from time immemorial; and afterwards "It must, nevertheless be acknowledged, that a discretionary power of expulsion is liable to be perverted to very bad purposes; and therefore it was judged proper by an act passed in the course of the ensuing session to specify the offences which shall in future render incapacitation the necessary result of expulsion."
There was one other observation of the same gentleman (Mr. Key) contesting a position in the report of the committee, which I think it necessary to notice, because it is the renewal of an objection already refuted upon this floor. In referring to the proceeding on the expulsion of Mr. Blount the report says, "In that case the member implicated was called upon in the first instance, to answer whether he was the author of a letter, the copy of which only was produced, and the writing of which was the cause of his expulsion. He was afterwards requested to declare whether he was the author of the letter itself, and declining in both cases to answer the fact of his having written it, was established by a comparison of his hand writing, & by the belief of persons who had seen him write, upon inspection of the letter. In all these points the committee perceive the admission of a species of evidence which in courts of criminal jurisdiction would be excluded." Very soon after therefor was made, Mr. Smith, in a letter, I think, addressed to you, Mr. President, asserted that this was a mistake on a point of law—that comparison of hands and write, was evidence admitted in every day's practice on criminal prosecutions at law. Part of this doctrine was afterwards disclaimed in debate on the floor—it was acknowledged that comparison of hands is never admitted as evidence on criminal trial—I know very well that it has been the party write, is evidence at law; but it must be upon oath. In Mr. Blount's case, it was received by the committee, without oath, and it was in allusion to this, that the report included it as a part of the testimony admitted there, though it would have been excluded from a court of law. I know also that the same testimony, in the case afterwards given in Senate, upon oath—the report never meant to say that formal evidence was excluded—it only noticed the informal evidence which was admitted.
I have now finished my remarks upon that part of Mr. Smith's defence, which rests upon the supposed irregularity of the proceedings which have hitherto been sanctioned by the Senate on this investigation, and upon objections against the principles, maintained in the report of the committee. The question on the facts remains still to be discussed. (To be continued.)
WILLIAMSBURG JOCKEY CLUB—Resolved, that the Treasurer be authorised, and he is hereby empowered, to adopt legal measures, if necessary, to obtain payment of the balances due from the several delinquent members of the WILLIAMSBURG JOCKEY CLUB, this day reported by its Secretary. By order of the Club. RO: ANDERSON, Secretary, & Treasurer. Williamsburg, September 8th 1808. These gentlemen who have obtained subscriptions for the establishment of a new Jockey Club at Williamsburg, are requested to forward their lists to the subscriber. RO: ANDERSON. September 13th 1808. [24]
GERMAN GOODS.—The subscribers have for sale a general assortment of German Goods, consisting of Ozanburgs, Beckenburgs, Meselans, Brown Kols, Dantzic Kols, Dawas, Lissa Cases, Quart, Pint and half Pint Decanters, and a General assortment of Looking Glasses. BÖHN & HUBNER. September 13. [ept13.N]
WILLIAMSBURG, September 1, 1808.—The subscribers have entered into partnership, under the firm of COLE & HENDERSON, and have supplied themselves with a general and well selected assortment of superior and fine Cloths, Woollens, Manchester stuffs, Cambrics, Hosiery, Hardware, Sadlery, Stationery and groceries; which they will sell low for cash, country produce, or on short credit to customers who are punctual in their payments. ROSCOW COLE, JAS. HENDERSON. N. B. For the accommodation of the Students and Scholars of William & Mary College, they will keep a constant supply of the Books used in that Seminary. C. & H. Sept. 13. [ept13]
APARTMENT FOR RENT.—WILLIAM WIRT, being about to remove to the house now occupied by Doct. Bockenbrough adjoining the Bank of Virginia, the tenement in which he at present resides, the property of David Bullock, is for rent. It has a very convenient office for a Lawyer under the roof of the dwelling-house, a stable and other out-houses, with a very fine spring of water on the lot.—Possession will be delivered by the 20th inst. and the terms made known on application either to Wm Wirt or David Bullock. Sept. 13. [19]
TAKEN up by George Jones, in Amelia county about 15th April last; five head CATTLE, three cows, one heifer and a Steer, marked with a crop and nick on the right ear and crop and in the left ear; four of them are red and one black, appraised by us at fourteen pounds eighteen shillings, given under our hands this 25th June, 1808. WM. PRICE, ROBT. VAUGHAN, JAMES VAUGHAN. September 13. [34]
NOTICE IS HEREBY GIVEN.—That I sold the sale of a negro man named Billy, advertised by Messrs. James B. Ferguson, and G. S. Smith, to be sold at Goodland Court House on the third Monday in September next, by virtue of a deed of trust executed to them by Capt. A. C. Randolph, to secure a debt due to Capt. Wm. Bolling. The said negro is not named in the trust deed, and is now my property. WM. R. FLEMING. Goodland, August 23.
JUST received and for sale by the Subscriber, Imperial, Gun powder, Young Hyson, Hyson Skin, Hyson Tea in lead canisters each 2 1/2 lb Old Jamaica, Antigua, W. I. and New England Rum, 20 bbls: prime green Coffee, Mucavado Sugar in bbls. Half boxes double refined Havannah Sugar, Fresh Rice in tiers, Best Spanish Segars whole sale and retail. A general assortment of Paints, Oil, Spirits Turpentine, Shoes, Hardware, &c. also daily expect by the Schooner Manchester, Storer, 10hds of Antigua Rum and sweet Oil in cases of 30 bottles each. BRYSON & PARKHILL. August 26, 1808. [1m]
FOR RENT.—THE TENEMENT at present occupied by Mr. Archibald Foster, near the Market Bridge—Possession may be had on the 1st of October next. Also, FOR RENT or SALE, a two story HOUSE, &c. (now finishing off) on Shopfer Hill—Possession of which may be had about the 1st of November next. WM. MCKIM. Richmond, Sept. 2. [3w]
NOTICE.—Whereas Mr. James Fisher, by a deed executed on the first day of July, 1808, and recorded in the county court of Henrico, has assigned to the subscriber as trustee, for certain of his creditors therein named, the whole of his estate of every description, (except his household furniture, and some few items transferred by him as trustee, subsequent to the execution of said trust, as will more fully appear by a reference to the schedule annexed to said deed;) consisting of some Lots in the city of Richmond, together with all his bonds, notes and accounts.—This is therefore to give notice to the debtors of the said James Fisher, that all judgements obtained where the money has not been paid, all suits now depending in the courts of this commonwealth or elsewhere, all monies in the hands of attorneys, sheriffs, or others, which may have been collected by virtue of any suit, debt or demand of the said James Fisher; that he is the only person authorised to receive such debts and demands and grant such acquittances and make such compromises as he may deem most advisable for the interest of said creditors. A hope is therefore cherished, that every effort on the part of said debtors, will be made, in order to a settlement of their balances, and every indulgence will be given by him to those who manifest such a disposition. And whereas it is stipulated by the contracting parties to said deed, that certain creditors of said James Fisher, who from absence or other causes, could not signify their wish of becoming parties thereto, now, be it understood, that if they do within thirty days, from the said first day of July, 1808, sign the said deed, that in that case, they are to be considered entitled to their rateable proportion of such money as shall be collected from the sale of property and collection of debts; otherwise, if they do not, within the time specified, make known their determination by subscribing to the terms agreed upon in the said trust, that he, the said trustee shall pay over such sums as they would have been entitled to if they had acceded to the same James Fisher. EDW. W. TRENT. August 5, 1808. [15]
TO BE SOLD.—To the highest bidder, for ready money on Thursday the 29th instant at the house called Napier's Tavern in the town of Columbia, a tract of LAND, on the Rivanna river in the county of Fluvanna, containing by a late survey 334 acres, more or less, adjoining the lands of Charles Adams, Richard Adams, Pleasant Bybee, & others, being LAND sold by David Ross to said Shepard, & conveyed by him, Shepard to us in trust, to secure a debt due to said Ross, as stated in said trust deed, which said debt has since been assigned by said Ross to Henry E. Coleman.—We sell our right as trustees only. GEORGE HOLMAN, WILLIAM PASTERNE, JACOB MYERS, } Trustees. September 6th, 1808. [1ds]
MARSHAL'S SALE.—By virtue of a decree of the court of the United States, for the fifth circuit, and Virginia district, pronounced May Term 1808, in a suit in the said Court between the Executors of John Someville deceased plaintiffs, and David Ross defendant. Will be sold as much of the estate in the county of Chesterfield (adjoining the town of Manchester) known by the name of the FALLS PLANTATION, as will raise the sum of sixteen hundred and eighty dollars, with interest thereon from the 1st day of January 1808, till payment, and costs. * The above sale will take place on Saturday the 17th of the present month at corner of the plantation—which adjoins the lot of Mr. James Lyle, precisely at 12 o'clock. THOS. H. BREW D. M. for JOS. SCOTT M. V. D. [1ds] September 6.
WINDSOR FOR RENT.—Will be rented on the 22nd day of the present month to the highest bidder, on the premises, two thirds of that valuable farm near this city, called Windsor, for the term of one year, to commence on the first day of January next.—The Tenant will be permitted to sew what wheat this fall, if he wishes to do so. SAM. GREENHOW, Agent for Wm. Langborne Executor of Wm. Dandridge deceased. Richmond, 1st September 1808. [law3w]
WILLIAMSBURG, Aug. 22, 1808.—For reasons operating on the parties, Be it known, that the Mercantile Firm of Greenhow & Cole is this day dissolved. The Subscriber offers for sale at Prime cost and charges, the whole of his well assorted STOCK IN TRADE, which has been purchased on the best terms with ready money, at the following credits, viz. one 8th part of their amount with legal interest on the whole to be paid at the end of the first year, and so on regularly one 8th part at the end of each successive year, with the interest on what remains unpaid, until the payments are completed; the purchaser giving bonds, with approved security for the payment of the different instalments, as they become due—or he will receive in payment good paper, Houses & lots, in Richmond, Norfolk or Petersburg, whose situations may be approved of at a fair valuation. The subscriber advanced in years, and inquest of that repose, which the evening of life requires, intends, if the contemplated disposition of his goods, is not effected by the first day of October, next [life and health permitting,] to retail them at very reduced prices for cash only. Adopting this as his rule of conduct, from which he means not to depart; he hopes, that none of his much respected customers, who have favored him with their orders, and whose punctuality entitles them to be dealt with as heretofore, will be offended. That they may have no cause to be so; and that he may be freed from that load of business, ever attendant on Credit sales; it is, that he thus addresses them. RO. GREENHOW. [ept13.N] August 26.
VALUABLE MEDICINE FOR SALE BY Moses Davis, at his store, a short distance above the court-house in Richmond. Moses Davis begs leave to inform his friends & the Public generally, that he has purchased at an advanced price from the Patentee, Dr. LOZARUS'S PATENT ANTIPHLOGISTIC STOMACH CORRAL, justly estimated as one of the most valuable medicines in the whole materia medica. The heretofore great and rapid Sale, with the increasing demand for this invaluable cordial; the high esteem it is through every part of Virginia, and some other of the United States; together with its singular and uncommon virtues in restoring weak and decayed constitutions, with those complaints so very common in the Spring and Fall, such as Autumnal and Billious fevers, dysentery, &c. proclaim too loudly its intrinsic worth, to admit even of doubt. It will be sold at the reduced price of one dollar per bottle, & a lengthy dissertation on its peculiar properties furnished gratis.—And when taken, to be well shaken. Richmond, August 23. (epim&law1m)
NEW STORE IN AN OLD STAND.—Alexander de Plainville having removed to the Store lately occupied by Mr. James Fisher, offers for sale, in addition to his well assorted stock of CONFECTIONARY, a general assortment in the GROCERY LINE, which he will always keep supplied from the best sources, and sell at a very moderate advance for Cash, Country produce or City acceptances at a short date. N. B. A constant supply of the very first quality Havana Segars by the box or smaller quantity. Also, a constant supply of offish Rockets' Mills flour for private families. August 28. [6.]
AT A Meeting of the Trustees of the Richmond Academy at the Capitol, August 9, 1808. Ordered, That the following resolution be published for the information of those concerned: "From the difficulty which it is expected will be experienced in the further sale of tickets in the 3d Class of the Richmond Academy Lottery, owing to the present situation of the country, it is Resolved, That notice be given to the holders of tickets in the said 3d Class, that they return the said tickets to those of whom they were purchased for the purpose of having the purchase money returned. Extract from the proceedings, Attest, SAMUEL COLEMAN, Sec'y. August 16. [1f]
RICHMOND TURNPIKE COMPANY.—At a meeting of the directors of the said company at the Swan Tavern, in the City of Richmond, on Monday evening the 15th of August 1808. Resolved, That a call of five dollars on each share of the Stockholders in the company be paid to the Treasurer on or before the 20th of next month. Resolved, That all shares of delinquent Stockholders in the Company be sold at the Swan Tavern, in this City, on the 20th of next month, at 4 o'clock in the evening. A Copy, N. SHEPPARD, Clerk. August 19. [1205]
UNITED STATES' STOCK LOST!!!—Notice is hereby given, That the following certificates of the United States' Stock, in the name of John Baird, bearing date 16 March 1791, have been lost or mislaid, and due application will be made at the Loan Office of the U. States for their reneval. Six per Cents No. 210 $711 33 Deferred 210 $335 67 Three per Cents 185 $211 05 WILLIAM BAIRD, Exor Of John Baird. July 19th. ep3m
BOARDING, LODGING, AND ENTERTAINMENT.—The subscriber will commence keeping a boarding house on the 1st day of September next, in the commodious and conveniently situated house at present occupied by Major James Gibson, on the main-street opposite to Harris's brick building, where she will accommodate Ladies and Gentlemen by the day, week, month, quarter, or year, with gentle board, lodging and entertainment.—No exceptions shall be wanting on her part to give satisfaction to those who will favour her with their company. ANN A BYRD. (cp1f) Richmond, August 16th.
CASH SALES.—By virtue of a deed of trust executed to us on the thirteenth day of July, 1806, by David Ross, Esq. for the purpose of securing to Benj. Mosby, the sum of fourteen thousand dollars, with interest on seven thousand dollars, a part thereof, from the said thirteenth day of July, 1806, till paid, and all other charges attending the execution of the said trust deed, (which was recorded in the district court of Richmond, Virginia, at the September term, 1806, and in the court of appeals of the state of Kentucky, at Frankfort, on the 11th day of April, 1807:) We will sell to the highest bidder, for ready money at the front door of the Eagle Tavern, in the city of Richmond, Virginia, on Saturday the first day of October next, all that EST. TATE in the county of ... in the state of Kentucky, called and well known by the name of the BIG BONE LICK, containing about two thousand acres on the Big Bone Creek, and four thousand acres on the Ohio—the whole located and surveyed under old military warrants, embracing the whole of the said David's estate in that part of Kentucky, and containing in the whole six thousand acres, be the same more or less. E. W. ROOTES, WILSON ALLEN, } Trustees. Richmond, Va. August 16, 1808. [1ds]
THIRTY DOLLARS REWARD.—Ran away from the subscriber, living in Albemarle county at Carr's Ford, on the 25th day of August, a likely negro man named SAM, about 5 feet 8 inches high, very stout made; he has a small scar over his right eye, he is about 38 years of age and tolerable black fellow; he is an excellent black smith—I think it needlessly to mention his clothes as he took different kinds with him; he has a remarkable short and bruff way of answering when spoken to. Any person who will deliver the fellow to me, or secure him in any jail so that I get him again, shall receive the above reward and all reasonable charges paid. It is probable he has provided himself with a free pass. EDWARD FERNEYHOUGH. September 9. (1f)
THE following valuable STUD is offered for sale by the Subscriber. Any gentleman who will purchase the whole shall have a bargain. No. 1. LADY BOLLINGBROOK, with a fine Sir Harry colt by her side, and in foal by Robin Red Breast, (both Sir Peter Horses), she was got by Pantaboon, her dam Cade's, by Mr. Wormeley's King Herod, a son of Feargnought out of Mr. Braxton's Kitty Fisher: The dam of Cade's was Prim Rose, by Dove, a son of Cade by old Cade, by the Godolphin Arabian. The dam of Prim Rose was Stella, by Othello, a son of Crab; Stella's dam was Sellima, by the Godolphin Arabian.—This mare has produced more winners than any mare in America. No. 2. VIRGINIA, by Dare-Devil, out of No. 1. [own sister to Desdemona, who sold at three years old for 2500 Dollars,] she is a mare of great size and beauty, and has at her side a fine Filly by old Diomed, and at present in foal by Hamilton. No. 3. A CHESTNUT HORSE by Dragon, out of the dam of No. 1. four years old, fifteen hands and a half high, and very handsome. This horse has not as yet proved himself a good runner, owing perhaps to the want of age. No. 4. WRANGLER, by Diomed out of No. 1. The size, beauty, & speed of this Colt, will recommend him as well for the Turf as a Station; he won the two years old stakes last Fall at Petersburg, at two heats, and in good time.—He is engaged in the Fairfield stakes next October, in which there are fourteen subscribers at 200 dollars each, half forfeit. No. 5. SUPERIOR, a yearling colt, full brother to Wrangler, fifteen hands high, of great power and exquisite beauty; he promises to make a Superior Horse.—Also, one half of a Diomed horse, three years old, engaged in the Fairfield Stakes, and will be trained at Mr. Ralph Wormeley's. This colt is nearly sixteen hands high, and promises to be a fine Runner; his dam was imported by John Taylor, Esq. of Mount Airy, and got by the celebrated Rockingham. The above horse will be sold at public Auction, before my stable at Fairfield, on Tuesday the 4th of October next, the day after the Sweep Stakes; the terms of sale one third cash, one third in 12 months, and the other third in two years. MILES SELDEN. Tree-Hill, August 25th, 1808. [lawtds]
TO RENT.—The upper APARTMENTS in the House occupied by Messrs. Kirby, Drake & Taylor, possessing convenient accommodations for a family. Possession will be given immediately—apply to Kirby, Drake & Taylor, or to THOMAS NORVELL. June 13. [1f]
I DO hereby forewarn all persons from trading for a Bond of mine executed to James Hickman for twenty-five pounds, dated 12th April last, as I do not conceive I owe him any part thereof. ROBERT MENLUM. Sept. 2. [6.]