Virginia Argus (Richmond, Va.), 1808-04-08 00:00:00

VIRGINIA ARGUS.
[XVTH YEAR.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No 1448.]
RICHMOND:—PRINTED (ON TUESDAYS AND FRIDAYS) BY SAMUEL PLEASANTS, JUNIOR, PRINTER TO THE COMMONWEALTH.
[Four Dollars Per Annum—Paid in Advance.]
FRIDAY, APRIL 8, 1808.
[12 1-2 Cents Single.]
Documents accompanying the Message of the President of the 22d March, relative to the Chesapeake.
[Concluded from our last.]
(Conclusion of Mr. Rose's letter to Mr. Madison.)
Since that time such of those officers as have been necessitated by the circumstances of the war to remain in these waters, have held no communication with the shore, except in an instance too trifling to dwell upon, and instantly disavowed by the commanding officer; and they have acquiesced quietly in various privations, highly prejudicial to the service they were upon, and in consequence of an interdict, which had they been regardless of their duties towards a state, in amity with their sovereign, and had they not carefully repressed the feelings its tone and language had a direct tendency to provoke in them, would have rather excited, than have averted the evils it was stated to be intended to prevent; were they regardful of these duties, it was unnecessary. Had they felt themselves obliged completely to evacuate the waters of the United States, especially whilst an enemy's squadron was harbored in them, they could have done it; but under the admission of hostile compulsion, and under such compulsion, carried into full effect, his majesty could not have dissembled the extent of the injury received.
In the several cases adduced, in which Great Britain required certain preliminaries, previously to entering into negotiation, she regulated her conduct by the same principles to which she now adheres; and refused, whilst no hostility was exhibited on her part, to treat with powers, whose proceedings denoted it towards her; and who maintained their right in what they had assumed.
From the considerations thus offered, I trust that neither the order of reason, or that of usage, are in contradiction to the demand I have urged, nor am I aware how the order of time opposes the revocation in the first instance, of that act, which affects injuriously one of the parties, and is still avowed by the other.
The subject is thus presented to you, sir, in the light in which it was natural that it should offer itself to his majesty's government. It certainly conceived the President's proclamation to rest chiefly, and most materially upon the attack made upon the frigate of the U. S. the Chesapeake, by his majesty's ship Leopard, although other topics were adduced as accessories. In this apprehension it may be held to have been sufficiently warranted, by the precise time at which, and the circumstances under which it was issued, and by its whole contents; and the more so, as the impulse under which it was drawn up appears to have been so sudden as to have precluded a due examination of all the grounds of allegation contained in it. And here I beg leave to assure you, that with respect to the spirit, and tone of that instrument, it would be highly satisfactory to me, if I could feel myself justified in expressing, on the part of his majesty, any degree of coincidence with the opinions you have announced, or when thus appealed to, and making every allowance for the irritation of the moment, I could dissemble the extreme surprise experienced by Great Britain, that the government of a friendly nation, even before an amicable demand of reparation was made; and yet meaning to make that demand; should have issued an edict directing measures of injury very disproportionate to what it knew was an unauthorized offence, and both in its terms and its purport so injurious to the government to which that demand was to be addressed, and tending to call forth in both nations the feelings under which a friendly adjustment would be the most difficult. But if, as I learn from you, sir, the proclamation rests substantially on other causes, it is then peculiarly to be regretted, that together with the demand for redress made in September last, the government of the U. S. did not think fit to offer a negotiation, or an explanation of so momentous a measure, or to declare that its recall must be more or less connected with the adjustment of other alleged wrongs. Neither did it think it necessary to return any answer to the remonstrance given in by his majesty's envoy at Washington, on the 13th July, 1807, in which he represented "that he considered that interdict to be so unfriendly in its object, and so injurious in its consequences to his majesty's interests, that he could not refrain from expressing the most sincere regret, that it ever should have been issued, and most earnestly deprecating its being enforced."
It could not be supposed that a circumstance of so great weight could be overlooked by his majesty's government, in determining the line of conduct to be held in the negotiation; and as little could it be expected to pass it over, when on the failure of the discussion with Mr. Monroe, it directed a special mission to be sent to the U. S. It had the less reason to imagine that any other grievances could be connected with that, for the adjustment of which I am empowered to negotiate, as Mr. Monroe in his letter to Mr. Canning of the 29th of July last, had stated with respect to other subjects of remonstrance, that it was improper to mingle them with the present more serious cause of complaint; an opinion to which Mr. Canning declared his perfect assent, in his letter to that minister of the 2d of the subsequent month; so that this act was left asingle and distinct, to be singly and distinctly considered. His majesty's government therefore could not consistently with any view of the subject then before it, or indeed with the just object of my
mission, direct or empower me to enter upon matters not connected with that of the Chesapeake; and they could with the less propriety do it, as in order to render the adjustment of differences of such a nature the more easy and the more conspicuous, the minister charged especially with such offices, have been with few, if any exceptions, restricted to the precise affair to be negotiated. With respect, therefore, to those other causes of complaint upon which you inform me that the President's proclamation rests, I cannot be furnished with documents enabling me either to admit or to controvert those statements of grievance, foreign to the attack upon that ship, contained in your letter; or authorised to discuss the matters themselves. I shall therefore not allow myself to offer such comments as my personal knowledge of some of those transactions suggest to me, although their tendency would materially affect both the marked manner in which those transactions are portrayed, and the disadvantageous light in which his majesty's government is represented to have acted respecting them. I am moreover led to the persuasion, that my government will be the more easily able to rescue itself from imputation by the inference arising from passages in Mr. Monroe's letters to Mr. Secretary Canning, of the 29th of September, last, that the differences unhappily existing between the two nations were in a train of adjustment.
If his majesty has not permitted me to enter into the discussion of the search of neutral merchant ships for British seamen, together with the adjustment of the amount of reparation for the attack upon the Chesapeake, it was no wise with a view of precluding the further agitation of that question at a suitable time; but it was that the negotiation might be relieved from the embarrassment arising from the connection of the present matter with the one so foreign to it, and, as it was but too well known, so difficult to be adjusted, of a right distinctly disclaimed, with one which Great Britain has at all times asserted, of enforcing her claim to the services of her natural born subjects, when found on board merchant vessels of other nations; a claim which she founds in that principle of universal law, which gives to the state the right of requiring the aid and assistance of her native citizens. The recurrence, therefore, to that cause of negotiation, which had been originally settled between Mr. Secretary Canning, and Mr. Monroe, and which had been alone broken, in upon by the orders subsequently received by that minister, can only be considered as a resumption of the course of things which Great Britain strenuously contended there was no ground to depart from. I may observe that this purpose might have been effected without the intervention of a special minister.
It will be in your recollection, sir, that in our first interview, I stated the condition, which makes the subject of the present letter, before I was informed by you, that the President of the U. S. would consent to the separation of the two subjects.
I had trusted that the exposition, which I added in my letter of the 26th of January, to the verbal explanation I had before offered, of the grounds of his majesty's demand, was both in its purport, and in the terms in which it was couched, such as to prevent a suspicion that they were in their intention derogatory to the honor, or calculated to wound the just sensibility of the nation. I may add that such a supposition could not be reconciled with the various ostensible and unequivocal demonstrations of his majesty's good faith, and anxiety, that this transaction should be brought to an amicable termination, which were exhibited even prior to any remonstrances on the part, or by order of this government. The other topics which I felt myself authorised to advance in that letter, in illustration of that amicable disposition on the part of the king, were brought forward from the conviction I entertained that they must be of a nature to be satisfactory to this government, and therefore such as it was particularly my duty to enforce, but not with a view to rest upon them the right to advance the claim which I have stated.
I may here remark, it is obvious that far from requiring that the first steps towards an arrangement of reparation should be taken by the U. S., Great Britain has already made them openly and distinctly; they are indubitable testimonies to the respect borne and decidedly marked by Great Britain, to the ties of amity subsisting between the two nations, and of her cordial desire to maintain them unimpaired; and as such alone they were urged.
As his majesty would have derived sincere satisfaction from the evidence of corresponding feelings on the part of the United States; so it would be the more painful to me to dwell upon a series of insults and menaces, which without any provocation or warlike preparation on the part of G. Britain, have been for months accumulated upon her through the United States, and but too frequently from quarters, whose authority necessarily and powerfully commanded attention.
I ought perhaps to apologise for advertizing to an incidental expression in your letter, if I did not think it right to remove any ambiguity respecting the nature of the claim which Great Britain maintained to her seamen, native citizens of the realm, who have deserted from her service to that of other powers: it is, that on demand they shall be discharged forthwith, and consequently they shall instantly be freed from their newly contracted obligations.
Before I close this letter, allow me to state to you sir, that I have felt it my duty to transmit to his majesty's government,
the exposition contained in your letter of the 5th instant, of the various demands on the honor and good faith of Great Britain, on which the complaint is made, that satisfaction has not been afforded to the U. S. and on which conjointly with the affair of the Chesapeake, you inform me that the proclamation of the President of the U. S. of the 2d July, 1807, is founded. It will be for his majesty's government to determine on the part of Great Britain, whether any, and what obligations remain to be fulfilled by her—whether any denial or such protraction of redress have occurred on her part, as to render necessary or justifiable the perseverance in an edict, which when not necessary or justifiable, assumes a character of aggression; and whether, on the result of these considerations, the present negotiation can be resumed on the part of his majesty, with a due regard for his own honor, or with a prospect of a more successful termination.
I have the honor to be, With the highest consideration, Sir, Your most obedient, and Most humble servant, (Signed) G. H. ROSE.
PAPERS RELATIVE TO FRENCH AF-FAIRS.
Extract from a letter to Mr. Monroe from General Armstrong.
Paris, 7th July, 1807.
Sir, "The accounts you have had of recent captures made by French privateers of American vessels under cover of the decree of November last, are not correct. At least if such captures have been made, I know nothing of them. The only captures I have at any time heard of, were those made from Porto Praya. They are by no means of recent date, and have all (I believe) been redressed by the council of prizes. Two of these cases, to which I attended personally, received decisions equally favorable and prompt. Interest and damages were given to the plaintiffs, and I know not why decisions, equally favorable, should not have been given in the other cases. I have within a week been informed by Mr. Erving, that he had reason to believe that a French privateer, then in a port of Spain, had plundered American ships, either going to or coming from England, of dry goods, to the amount of 500 dollars. Before any thing could be done in Spain for the recovery of these goods, the ship went to sea, and professedly for the purpose of returning to the port of her armament. Believing her to have arrived there, I put all the evidence I possessed before M. Decree, who closes his answer with the following assurance: "Your excellency may be assured that as far as it depends on me, the captains of these vessels, or their owners, shall obtain, if there is ground for it, a prompt and full reparation." I quote this to show you, that there is no disposition in the ministers of this government to sanction, or protect those enterprises upon our commerce. From the uses you may be able to make of the facts, and their relation to your question generally, I subjoin a brief exposition of the construction now given to the November decree. It was, you know, admitted by both ministerial and judicial authorities, that this decree did not infract the provisions of the treaty of 1800, between the U. S. and France. Still it was contended that vessels (of the U. S.) coming from any port of Great Britain since the date of the edict, could not be admitted to entry in the ports of France. This rule, without some qualifications, was likely to become mischievous, and accordingly obtained the following modifications of it, and hope to obtain a further modification, which will render it perfectly harmless. These changes took place as circumstances rose to produce, for the necessity for them was both foreseen and represented, it was only upon real, not upon hypothetical cases that the ministers of his majesty were willing to act.
1. Vessels leaving ports of the U. S. before a knowledge of the arrest had been promulgated there, are not subject to the rule. 2. Vessels not coming directly from a British to a French port, are not subject to the rule. 3. The cargoes of vessels coming directly from a British to a French port and offered for entry, on proof that the touching of the ship in England, &c. was involuntary, are put in depot or sequestration, until his majesty shall have decided on the sufficiency of the proof offered; or they are at once given up to the consignees on their giving security to abide the decision which shall be ultimately taken by the emperor in their respective cases. The vessels can go on freely, and without impediment of any kind. The former rule of which this is an amelioration was, that ships as well as cargoes, coming under the description, should be sequestrated, &c. The further alteration which I have asked is, the establishment of some principle which shall regulate the kind and degree or proof required with respect to the alleged application of a force majeure, and my own opinion is, that this may best be found in the greater or less correspondence which shall exist between the cargo when shipped in America, and when arrived here. If the correspondence be complete, the evidence ought to be considered as complete also, that they were not in Great Britain for the purposes of commerce, and not being there for these purposes, the inference is fair, that their going there at all was involuntary. This is a rule the ministers will consent to, whether his majesty will do so also, will be known in a few days. He is expected here about the beginning of August.
Paris, September 18, 1807. I have submitted, sir, to his majesty the emperor and king, the doubts of his excellency the minister of marine and colonies, on the extent of some of the provisions of the imperial decree of November 21st, 1806, which has declared the British islands in a state of blockade; the following are the intentions of his majesty on the point in question.
1. Can armed vessels, under the imperial decree of the 21st of November last, seize in neutral vessels, either English property, or merchandise proceeding from the manufacture of the English territories?
His majesty notified me, that since he had not thought proper to express any exception in his decree, there is no ground to make any in the execution, with respect to any thing whatever.
2. His majesty has not decided the question whether French armed vessels may possess themselves of neutral vessels going to or from England, although they have no English merchandise on board.
3. On the question, whether French armed vessels are subject to the deduction ordered by the 6th article of the decree of November 21, his majesty has declared that the provision of that article was not susceptible of any restriction; that is to say, that the deduction must take effect on the proceeds of all confiscations of merchandise and property, which have been, or may be pronounced in execution of the decree, without regard to the place of seizure or character of the captors.
You will be so good, sir, as to notify these decisions to the council of prizes, to have them entered in the registers, and to acknowledge the receipt of my letter.
Accept, &c. &c. the Grand Judge, Minister of Justice. (Signed) REGNIER. Procureur General Imperial of the Council of Prizes.
Paris, 24 September, 1807. Sir—I have this moment learned, that a new and extended construction, highly injurious to the commerce of the U. S. was about to be given to the imperial decree of the 21st November last. It is therefore incumbent upon me to ask from your excellency an explanation of his majesty's views in relation to this subject, and particularly whether it be his majesty's intention, in any degree, to infract the obligations of the treaty now subsisting between the U. S. and the French empire.
I pray your excellency, &c. &c. (Signed) JOHN ARMSTRONG. His excellency the minister of foreign relations.
Fontainebleau, Oct. 7, 1807. Sir—You did me the honor on the 24th of September, to request me to send you some explanations as to the execution of the decree of blockade of the British islands, as to vessels of the U. S.
The provisions of all the regulations and treaties relative to a state of blockade, have appeared applicable to the existing circumstances, and it results from the explanations which have been addressed to me by the imperial procureur general of the council of prizes, that his majesty has considered every neutral vessel, going from English ports, with cargoes of English merchandise or English origin, as lawfully seizable by French armed vessels.
The decree of blockade has been now issued eleven months, the principal powers of Europe, far from protesting against its provisions, have adopted them; they have perceived that its execution must be complete, to render it more effectual, and it has seemed easy to reconcile these measures with the observance of treaties, especially at a time when the infractions, by England, of the rights of all maritime powers render their interest common, and tend to unite them in support of the same cause.
Accept, &c. &c. (Signed) CHAMPAGNY. H. E. General Armstrong, Min. Plen. of the U. S.
Paris, Nov. 1807. Sir—It was not till yesterday that I received from Mr. Skipwith a copy of the decree of the council of prizes, in the case of the Horizon. This is the first unfriendly decision of that body under the decree of the 21st of Nov. 1806. In this case and on the petition of the defendant, the court has recommended the restoration of the whole cargo. I did not however think proper to join in asking as a favor, what I believed myself entitled to as a right. I subjoin a copy of my note to the minister of foreign affairs.
And am sir, your most obedient humble servant. (Signed) JOHN ARMSTRONG. Mr. Madison, &c.
Paris, November 12th, 1807. Sir—The document to which these observations are prefixed, will inform your excellency that an American ship trading under the protection of the laws of nations and of particular treaties, and suffering shipwreck on the coast of France, has recently been seized by his majesty's officers, and adjudged by his council of prizes as follows, viz.
"Our council puts at liberty the American vessel, the Horizon, shipwrecked the 30th of May last, near Morlaix, and consequently orders, that the amount of the sale legally made of the wreck of the said vessel, together with the merchandise of the cargo, which according to an estimate made in the presence of the overseers of the administrations of the marine and
custom house, shall be acknowledged not to proceed either from English manufactures or territory, shall be restored to captain MacClure without deducting any of the expenses but those relative to the sale."
"And with regard to the other merchandise of the cargo which from the result of the said estimate shall be acknowledged to come from manufactures or from English territory by virtue of the 5th article of the decree of the 21st Nov. 1806, they shall be confiscated for the use of the state, the whole to be sold by the forms prescribed in the regulations; and the application of the product to be made in conformity to the arrangements of the said decree, deduction being made for the expense of saving the goods, and that of the support of the crew, until the day that the captain shall receive the notification of the present decision."
The reasons upon which this decision is founded, are at once so new and so alarming to the present friendly relation of the two powers, that I cannot but discuss them with a freedom in some degree proportioned to my sense of their novelty and importance.
"Considering," says the council, "That the neutrality of the ship and cargo were sufficiently established, the whole ought to be restored. (Agreeably to the provisions of the convention of the 30th of September, 1800) provided no merchandise of English origin had been found in her, and of course that she had not been bro't within the limits of the imperial decree of the 21st of Nov. 1806."
Here is an open and unqualified admission that the ship was found within the rules prescribed by the convention of 1800, that according to these rules, her cargo and herself ought to have been restored, and that such would have been the fact but for the operation of the decree of the 21st of November, 1806.
In the letter your excellency did me the honor to write to me on the 7th of October last, you thought it "easy to reconcile the obligations of this decree, with the preservation of those arising from treaties." It was not for me to examine the means by which this reconciliation was to be effected. They no doubt fully existed, and yet exist, in his majesty's good pleasure, and taking for granted this fact, I saw in the opinion nothing but proofs of a friendly disposition, and pledges that this was not to be either wantonly destroyed or diminished. How inapplicable however to its authority and the good offices derived from it, is this recent act of the council of prizes? An act which explicitly acknowledges the opposite characters and conflicting injunctions of these two instruments, and which of course draws after it considerations the most serious to the government of the U. S.
The 2d reason of the Council is "that the decree declaring British merchandise good prize, had principally in view captures made on the high seas, but that the question whether shipwrecked goods ought to be restored or confiscated having always been judged under the 14th article of the regulation of the 26th of July, 1778. And according to their character (that might have rendered lawful, or have even commanded their seizure at sea) there is no room to introduce in this case any new distinction which, however philanthropic it may appear, has not as yet been adopted as a rule by any maritime nation."
The doctrine resisted in this passage, and which inculcates the duty of extending protection to the unfortunate is not new to his majesty's council of prizes. They have themselves consecrated it by their decision of the 5th of March, 1800. By that decision they restored an enemy's ship on the single reason, that she had been compelled to enter a French port by stress of weather. "I should equally fail," says the attorney general, "in respect to myself and the council, before whom I have the honor to represent the government, were I not to maintain a principle, consecrated by our laws and by those of all nations. In all circumstances let the loyalty of the French government serve as the basis of your decisions. Prove yourselves at once generous and just; your enemies will know and respect your magnanimity."
Such was the principle adopted by the council in the year 1800, and in the case of an enemy's ship, yet we are now told, that this very principle, so honorable to the court, to the nation and to human nature, is utterly unknown to all maritime people. And on what occasion do we hear this? When an enemy's ship is again thrown on the French coast? No—It has been reserved for the wreck of a neutral and friendly vessel! for a ship of the U. S. States! It is not denied, that had this ship escaped the rocks and made the port of Morlaix, the only inhospitality to which she would have been exposed, (under the most rigorous interpretation of the law in question,) would have been that of being ordered again to sea. Has then the misfortune of shipwreck so far altered her condition, as to expose her to the injury

of confiscation also? And is this among the principles which the defender of maritime rights means to consecrate by his power and his wisdom? It is impossible.
The 3d reason of the council is, "that the application of the fifth article aforesaid, in as far as it concerns the Americans and other nations, is the result both of the general expressions of that very article, and of the communication recently made by his excellency the grand judge, concerning the primitive intention of the sovereign, that the expedition in question, having certainly been undertaken with full knowledge of the said decree, no objection can be drawn with any propriety from the general rules forbidding a retrospective action, nor in this particular case, from the posterior date of the act in which the sovereign decides the question, since that act sprung from his supreme wisdom, not as an interpretation of a doubtful point, but as a declaration of an anterior and positive disposition."
A distinction is here attempted to be taken between the interpretation of a doubtful point, and the declaration of an anterior and positive rule. This distinction cannot be maintained; for if the rule had been positive, there would have been no occasion for the declaration; neither the minister of marine nor the council of prizes could have had any doubts on the subject; the execution of the decree would have been prompt and peremptory; nor would a second act on the part of his majesty, after the lapse of 12 months, have been necessary to give operation to the first. Need I appeal to your excellency's memory for the facts on which these remarks turn? You know that doubts did exist—you know that there was under them, even much hesitation in pronouncing—you know that as late as the 9th of August, I sought an explanation of the decree in question, and that even then your excellency who was surely a competent and legitimate organ of his majesty, did not think yourself prepared to give it—the conclusion is inevitable—his majesty's answer transmitted to the court of Paris, on the 18th of September following, through the medium of the grand judge, was in the nature of an interpretation , and being so, could not without possessing a retroactive quality apply to events many months anterior in date to itself.
The 4th reason of the council, and the last which enters into my present view of the subject, is, "that though one of the principal agents of his majesty had given a contrary opinion, of which the council had at no period partaken, this opinion being that of an individual could not (whatever consideration its author may merit) balance the formal declaration given in the name of his majesty himself—and that if the communication of this opinion, had as is alleged, given room to and served as a basis for many American shipments, & particularly of the one in question; this circumstance, which may call for the indulgence of his majesty, in a case in which the confiscation is entirely to the advantage of the state, does not prevent a council, rigid in its duty, to pronounce in conformity to the decree of the 21st of November, and of the declaration which followed it."
It would appear from the paragraph, that not finding it easy to untie the knot, the council had determined to cut it. Pressed by the fact, that an interpretation of the decree had been given by a minister of his majesty, specially charged with its execution, they would now escape from this fact, and from the conclusion to which it evidently leads, by alleging—
1st. That at no time has the council partaken of the opinion given by the minister; and
2nd. That the opinion being that of an individual, could not possess either the force or authority of one truly ministerial.
It appears to me, as I think it will to your excellency, that the council have in these statements, been less correct than is usual to them on similar occasions, if, as they now assert, they have never partaken of the ministers opinion. If they have never even hesitated on the question, whether the decree of November did, or did not, derogate from the treaty of 1800? Why, I ask, suspend the American cases generally? or why decide as they did in the case of the Hibernia? If I mistake not, we find in this case, the negotiation of the very principle laid down by the minister of marine. That officer says, "in my opinion the November decree does not work any change in the rules at present observed with respect to neutral commerce, and consequently none in the convention of the 8th Vendem, year 9;" and what says the council? "Admitting that this part of the cargo (the rum and ginger) was of British origin, the dispositions of the November decree, which contain nothing with regard to their own influence over the convention of the 8th Vendem, year 9, evidently cannot be applied to a ship leaving America on the 6th of the same month of November, and of course cannot have authorised her capture in the moment she was entering the neutral port of her destination." We have here three distinct grounds of exemption from the effects of the November decree.
1st. The entire silence of that decree with regard to its own influence over the convention of 1800.
2d. The early period at which the ship left the U. States, and
3d. The neutral character of the port to which she was destined. If such, sir, were the principles admitted by the council of the 25th of March last, with what correctness can it be now said, "that at no period have they partaken of the opinion of the minister?"
The 2d fact asserted by the council is, that the interpretation of the decree in question given on the 24th of December, 1806, was private, not public, or in other words, that it was the interpretation of the minister, not that of the council—and as such cannot outweigh the more recent declaration coming immediately from his majesty himself.
On the comparative weight of these declarations I shall say nothing, nor shall I do more to repel the first part of the insinuation, (that the minister's declaration was that only of the individual) than to submit
to your excellency my letter of the 20th of December, 1806, claiming from the minister an official interpretation of the decree in question, and his answer of the 24th of the same month, giving to me the interpretation demanded.
To your excellency who as late as the 21st of August last, considered the minister of marine as the natural organ of his majesty's will, in whatever regarded the decree aforesaid, and who actually applied to him for information relating to it—this allegation of the council of prizes, and the reasoning founded upon it cannot but appear very extraordinary, and will justify me in requesting that his majesty may be moved to set aside the decision in question. I beg, &c. &c. &c.
His Excellency The Minister of Foreign Relations.
Paris, August 9th, 1807,
Sir, Your excellency is not unapprised that soon after the promulgation of the Imperial decree of the 21st of November last, one of similar character, an injunction was issued by the Prince of Peace, in behalf of H. C. M. Under this order sundry vessels belonging to the citizens of the United States have been captured on the high seas, brought into the ports of Spain, and are now before the court of admiralty for examination. To this brief statement I subjoin an extract from a letter of the 27th ult. from the Charge de Affaires of the U. States at Madrid, which will show your excellency that the fate of these vessels will depend not on the construction which might be given to the Spanish decree by the Spanish tribunals; but on the practice which shall have been established by France under her decree of November last, and that Prince Masserano has accordingly been directed to ask from your excellency such exposition of that decree, and of the practice under it, as shall regulate, on this head, the conduct of Spanish courts and cruisers towards neutral commerce in general. Assured as I feel myself, that this exposition whenever given, will not be less friendly and liberal than that already found in the decisions of his Imperial majesty's council of prizes and correspondence of his minister of marine, viz. that the provisions of the decree in question do not infract any of the rights of commerce stipulated by treaty between France and the U. States, it is incumbent on me to pray your excellency that it (the exposition required) be given as expediently as possible, to the end that the legitimate commerce of the U. States, be relieved from all further annoyance growing out of the doubtful meaning and operation of the Spanish decree aforesaid.
Your excellency will permit me to avail myself of this occasion, to recall to your attention the subject of my letter of the 26th of June last. I learn from Antwerp that the cargoes mentioned in that letter are yet under sequestration, and that considerable loss, as well by diminution of price in the articles, as by accumulation of interest and charges, has been already incurred.
Your excellency will do me the honor to accept the assurances of my profound respect. (Signed) JOHN ARMSTRONG. His Excellency The Prince of Benevento.
Letter from the minister of Foreign Relations, of the 21st of Aug. 1807, referred to in the preceding page.
Sir, I have received the letter which you did me the honor of addressing me on the 9th of this month, relative to American vessels carried into ports of Spain, in consequence of the measures taken by that power against the English commerce in imitation of France.
As the execution of the maritime measures indicated by the Imperial decree of the 21st of Nov. 1806, rests naturally with his excellency the Minister of Marine, and that moreover he has already had the honor of addressing you some first observations on the application of that decree, I transmitted without delay your letter, & asked from him the new explanations which you might desire. When they shall have been forwarded to me, I will have the honor of informing you of them. Accept the assurances of my high consideration. (Signed) CHAMPAGNY. H. E. Gen. Armstrong.
[Here follows the Milan Decree.]
From Washington, April 4. IMPORTANT COMMUNICATIONS.
SENATE, April 2, 1808. The following message was received from the President. To the Senate and House of Representatives of the United States.
Believing that the confidence and union of our fellow citizens, at the present crisis, will be still further confirmed by the publication of the letter of Mr. Champagny to Gen. Armstrong, & that of Mr. Erskine to the Secretary of State, communicated with my message of the 30th ult. & therefore that it may be useful to except them from the confidential character of the other documents accompanying that message, I leave to the consideration of congress the expediency of making them public.
TH: JEFFERSON. April 2, 1808. On motion of Mr. Giles the following letters were ordered to be printed. Washington, Feb. 23d, 1808
Sir, I have the honor to transmit to you the copies of certain orders of Council which his majesty has thought proper to issue in consequence of the hostile conduct of France towards the navigation and commerce of Great Britain and of neutral states.
His majesty has been induced hitherto to forbear recurring to measures of this nature by the expectation that the governments of neutral states, who have been the objects of the French decrees, would have been awakened to a just sense of what they owe to their interests & own rights, & would have interposed with effect, either to prevent the execution of the French Decrees, or to procure their abrogation.
But his majesty having been disappointed in this just expectation, and perceiving
that the neutral nations, so far from opposing any effectual resistance, have submitted to whatever regulations France may have prescribed for giving effect to her decrees, can no longer refrain from having recourse to such measures as by retorting on the enemy the inconveniencies and evils produced by his injustice and violence, may afford the only remaining chance of putting an end to a system, the perseverance in which is not more injurious to his majesty's dominions than to nations not parties to the war between Great Britain and France.
The principle, upon which his majesty finds himself compelled to proceed, would justify a complete and unqualified retaliation on his part of the system announced and acted upon by France, in respect to his majesty's dominions: & his majesty might, therefore, have declared in a state of rigorous and unmitigated blockade, all the coasts and colonies of France and her allies. Such a measure, the maritime power of Great Britain would have enabled his majesty to enforce: nor would those nations, which have acquiesced, without effectual remonstrance, in the French decree of blockade, have derived any right from the perfect execution of a corresponding declaration on the part of his majesty, to complain of his majesty's enforcing that measure, which the enemy has executed imperfectly, only from the want of the means of execution.
His majesty however actuated by the same sentiments of moderation by which his majesty's conduct has been uniformly governed, has been desirous of alleviating, as much as possible, the inconveniencies necessarily brought upon neutral nations by a state of things so unfavorable to the commercial intercourse of the world; and has therefore anxiously considered what modifications it would be practicable to apply to the principle upon which he is compelled to act, which would not, at the same time that they might afford relief from the pressure of that principle upon neutral or friendly nations, impede or enfeeble its operation upon the enemy.
In pursuance of this desire, the order in council, which, if it had ended with the sixth paragraph, would have been no more than a strict and justifiable retaliation for the French decree of Nov. 1806, proceeds, as you will observe, sir, to provide many material exceptions, which are calculated to qualify the operation of the order upon neutral nations in general, but which must be considered as most peculiarly favored to the particular interests of the United States.
It will not escape you, sir, that by this order in council, thus modified and regulated, the direct intercourse of the U. States with the colonies of the enemy is unrestrained; an indulgence which, when it is considered to be (as it really is) not only a mitigation of that principle of just reprisal upon which the order itself is framed, but a deviation in favor of the United States, from that ancient and established principle of maritime law, by which the intercourse with the colonies of an enemy in time of war is limited to the extent which that enemy was accustomed in time of peace to prescribe for it, and which, by reference to the conduct of France in a time of peace, would amount to a complete interdiction, cannot fail to afford to the American government a proof of the amicable disposition of his majesty towards the United States.
You will observe, sir, also that the transportation of the colonial produce of the enemy from the United States to Europe, instead of being altogether prohibited (which would have been the natural retaliation for the rigorous and universal prohibition of British produce and manufactures by France) is freely permitted to the ports of G. Britain, with the power of subsequent re-exporting it to any part of Europe, under certain regulations.
The object of these regulations will be the establishment of such a protecting duty, as shall prevent the enemy from obtaining the produce of his own colonies at a cheaper rate than that of the colonies of G. Britain. In this duty it is evident that America is no otherwise concerned than as being to make an advance to that amount for which it is in her own power amply to indemnify herself at the expense of the foreign consumer.
Another most important relaxation of the principle upon which his majesty's orders proceed is that which licences the importation of all flour and meal, and all grains, tobacco and other articles, the produce of the soil of America with the exception of cotton, through the ports of his majesty's dominions, into those of his enemies, without the payment of any duty on the transit. This is, I beg leave to observe, an instance in which his majesty has deprived his measure of its most efficacious and hurtful operation against the enemy, through motives of consideration for the interests of America. The reason why his majesty could not feel himself at liberty, consistent with what was necessary for the execution of his purpose, in any tolerable degree, to allow this relaxation to apply to cotton, is to be found in the great extent to which France has pushed the manufacture of that article, and the consequent embarrassment upon her trade which a heavy impost upon cotton, as it passes through Great Britain to France, must necessarily produce.
I cannot refrain from calling the attention of the government of the U. States to the contrast between the different modes in which his majesty's orders and those of France are carried into execution. By his majesty's, the utmost consideration is manifested for the interests of those nations whose commerce he is reluctantly compelled to impede, and ample time allowed for their becoming acquainted with the new regulations and conforming to them—Whereas France, without any previous notice, and without any interval, applies her orders to trade already entered upon in ignorance of any such orders, and subjects to condemnation ships, whose voyages, when commenced, were in strict conformity to all the regulations at that time promulgated by France.
Even with these and other modifications, his majesty is not unaware that a measure extorted from him by the injustice of the enemy, must inevitably produce inconveniences to the neutral parties who are affected by its operation.
The right of his majesty to resort to retaliation cannot be questioned. The suffering occasioned to neutral parties is incidental, and not of his majesty's seeking.
In the exercise of this undoubted right his majesty has studiously endeavored to avoid
aggravating unnecessarily the inconveniences suffered by the neutral. And I am commanded by his majesty, especially, to represent to the government of the U. States, the earnest desire of his majesty, to see the commerce of the world restored once more to that freedom which is necessary for its prosperity; and his readiness to abandon the system which has been forced upon him, whenever the enemy shall retract the principles which have rendered it necessary; but his majesty entertains the conviction, upon which alone his present measures are founded, that it would be vain to hope for such a retraction, until the enemy shall himself have been made to feel a portion of the evils which he has endeavored to inflict upon others.
I have the honor to be, with great consideration and respect, sir, your most obedient humble servant,
D. M. ERSKINE. Hon. James Madison, Secretary of State.
Translation of a letter from M. Champagny to Gen. Armstrong, dated Paris, Jan. 15, 1808.
Sir,—The different notes which you have done me the honor to address to me have been laid before his majesty.
The proceedings of England towards all governments are so contrary to the law of nations, and to all the rules constantly observed even among enemies, that no recourse against this power is any longer to be found in the ordinary means of repression. In order to annoy her, it is become necessary to turn against her the arms which she makes use of herself; and if to her alone, that they are to be imputed.—Since England respects no laws, how could they be respected with regard to her? The maritime laws which she violates, ought they still to be a protection to her? And if some powers tolerate the infractions committed on their independence, could they have the right to require, that France alone should restrain herself within the limits which her enemy has every where overleaped?
The United States, more than any other power, have to complain of the aggressions of England. It has not been enough for her to offend against the independence of her flag, nay, against that of their territory, and of their inhabitants, by attacking them even in their ports, by forcibly carrying away their crews; her decrees of the 11th November have made a fresh attack on their commerce, and on their navigation, as they have done on those of all other powers.
In the situation in which England has placed her continent, especially since her decrees of the 11th of November, His Majesty has no doubt of a declaration of war against her by the United States. Whatever transient sacrifices war may occasion, they will not believe it consistent either with their interest or dignity to acknowledge the monstrous principle, and the anarchy which that government wishes to establish on the seas. If it be useful, and honorable for all nations to cause the true maritime law of nations to be re-established, and to avenge the insults committed by England against every flag, it is indispensable for the United States, who from the extent of their commerce have often to complain of those violations. War exists then, in fact between England and the United States; and his majesty considers it as declared from the day on which England published her decree. In that persuasion his majesty, ready to consider the U. States as associated with the cause of all the powers, who have to defend themselves against England, has not taken any definitive measure towards the American vessels which may have been brought into our ports. He has ordered that they should remain sequestered, until a decision may be had thereon, according to the dispositions which shall have been expressed by the government of the U. States.
Rejected British Treaty.
Treaty of Amity, Commerce, and Navigation, between his Britannic Majesty and the U. States of America.
HIS Britannic majesty and the U. S. of America, being equally desirous to promote and perpetuate the good understanding and friendship which happily subsist between the subjects of the United Kingdom and the citizens of the United States, and for that purpose to regulate the commerce and navigation between their respective countries, territories, and people, on the basis of reciprocity and mutual convenience, have respectively named their plenipotentiaries, and have given to them full powers to make and conclude a treaty of amity, navigation and commerce; that is to say, his Britannic majesty has named for his plenipotentiaries Henry Richard Vassall, (Lord Holland,) one of his majesty's privy council and lord keeper of his majesty's privy seal, and William lord Auckland, one of his majesty's privy council and president of the committee of council for all matters of trade and foreign plantations. And the president of the U. S. by and with the advice of the senate thereof, hath appointed for their plenipotentiaries, James Monroe and William Pinkney, commissioners extraordinary and plenipotentiaries; who, after having exchanged their respective full powers, have agreed on the following articles.
ARTICLE I. There shall be a firm, inviolable, and universal peace, and a true and sincere friendship between his Britannic majesty, his heirs and successors, and the U. States of America, and between the respective countries, territories, cities, towns, and people, of every degree, without exception of persons or places.
ARTICLE II. It is agreed that the several articles of the treaty of amity, commerce and navigation between his majesty and the U. S. made at London on the 19th day of November one thousand seven hundred and ninety four which have not expired, nor, as yet, had, their full operation and effect, shall be confirmed in their best form, and in their full tenor; and that the contracting parties will also, from time to time, enter into friendly explanations on the subject of the said articles, for the purpose of removing all such doubts as may arise or have arisen, as to the true import of the same, as well as for the purpose of rendering the said articles more conformable to their mutual wishes and convenience.
ARTICLE III. His majesty agrees, that the vessels belonging to the U. S. of America, and sailing direct from the ports of the said states, shall be admitted and hospitably received in all the sea ports and harbors of the British dominions in the East Indies: and that the citizens of the said U. S. may freely carry on a trade between the said territories and the said U. S. in all articles of which the importation or exportation respectively,
to or from the said territories, shall not be entirely prohibited. Provided only that it shall not be lawful for them in any time of war between the British government and any other power or state whatever, to export from the said territories, without the special permission of the British government there, any military stores, or naval stores, or rice. The owners of the U. S. shall pay for their vessels, when admitted into the said ports, no other or higher tonnage than shall be payable on British vessels, when admitted into the ports of the U. S. And they shall pay no higher or other duties or charges on the importation or exportation of the cargoes of the said vessels than shall be payable on the same articles when imported or exported in British vessels. But it is expressly agreed, that any of the articles exported by them from the said British territories to any port or place except to some port or place in America, where the same shall be unloaded, and such regulations shall be adopted by both parties as shall, from time to time, be found necessary to enforce the due and faithful observance of this stipulation.
It is also understood, that the permission granted by this article, is not to extend to allow the vessels of the U. States to carry on any part of the coasting trade of the said British territories; but the vessels going with their original cargoes, or part thereof, from one port or discharge to another, are not to be considered as carrying on the coasting trade. Neither is this article to be construed to allow the citizens of the said states to settle or reside within the said territories, or to go into the interior parts thereof, without the permission of the British government established there; and if any transgressions should be attempted against the regulations of the British government in this respect, the observance of the same shall and may be enforced against the citizens of America in the same manner as against British subjects or others transgressing the same rule. And the citizens of the U. States, whenever they arrive in any port or harbor in the said territories, or if they should be permitted in manner aforesaid to go to any other place therein, shall always be subject to the laws, government and jurisdiction, of whatever nature, established in such harbor, port or place, according as the same may be. The citizens of the U. States may also touch for refreshment at the island of St. Helena, but subject in all respects to such regulations as the British government may, from time to time, establish there.
ARTICLE IV. There shall be between all the dominions of his majesty in Europe and the territories of the U. States, a reciprocal and perfect liberty of commerce and navigation. The people and inhabitants of the two countries respectively shall have liberty freely and securely, and without hindrances and molestation, to come with their ships and cargoes to the lands, countries, cities, ports, places and rivers, within the dominions and territories aforesaid, to enter into the same, to resort there, and to remain and reside there, without any limitation of time; also to hire and possess houses and warehouses for the purposes of their commerce; and generally the merchants and traders on each side shall enjoy the most complete protection and security for their commerce, but subject always, as to what respects this article, to the laws and statutes of the two countries respectively.
ARTICLE V. It is agreed that no other or higher duties shall be paid by the ships or merchandise of the one party in the ports of the other, than such as are paid by the like vessels or merchandise of all other nations. Nor shall any other or higher duty be imposed in one country on the importation of any articles, the growth, produce, or manufacture of the other, than are or shall be payable on the importation of the like articles, being of the growth, produce, or manufacture, of any other foreign country.
Nor shall any prohibition be imposed on the exportation or importation of any articles to or from the territories of the two parties respectively, which shall not equally extend to all other nations. But the British government reserves to itself the right of imposing on American vessels entering into the British ports in Europe a tonnage duty equal to that which shall at any time be payable by British vessels in the ports of America, and the government of the U. States reserves to itself a right of imposing on British vessels, entering into the ports of the U. States, a tonnage duty equal to that which shall at any time be payable by American vessels in the British ports in Europe.
It is agreed that in the trade of the two countries with each other, the same duties of exportation and importation on all goods and merchandise; and also the same drawbacks and bounties shall be paid and allowed in either country, whether such importation or exportation shall be in British or American vessels.
ARTICLE VI. The high contracting parties not having been able to arrange at present by treaty any commercial intercourse between the territories of the U. S. and his majesty's islands and ports in the West Indies, agree that until that subject shall be regulated in a satisfactory manner, each of the parties shall remain in the complete possession of its rights, in respect to such an intercourse.
ARTICLE VII. It shall be free for the two contracting parties respectively to appoint consuls for the protection of trade, to reside in the dominions and territories aforesaid; and the said consuls shall enjoy those liberties and rights which belong to them by reason of their function. But, before any consul shall act as such, he shall be in the usual forms approved and admitted by the party to whom he is sent. And it is hereby declared to be lawful and proper, that in case of illegal or improper conduct towards the laws or government, a consul may either be punished according to law, if the laws will reach the case, or be dismissed, or even sent back, the offended government assigning to the other the reasons for the same.
Either of the parties may except from the residence of consuls such particular places as such party shall judge proper to be so excepted.
ARTICLE VIII. It is agreed, that in all cases where ves-

seis shall be captured or detained, on just suspicion of having on board enemy's property, or if carrying to the enemy any of the articles which are contraband of war, or for other lawful cause, the said vessel shall be brought to the nearest or most convenient port; and if any property of an enemy should be found on board such vessel, that part only which belongs to the enemy, or is otherwise confiscable, shall be made prize, and the vessel, unless by law subject to condemnation shall be at liberty to proceed with the remainder of the cargo, without any impediment. And it is agreed, that all proper measures shall be taken to prevent delay, in deciding the cases of ships or cargoes so brought in for adjudication; and in the payment or recovery of any indemnification adjudged or agreed to be paid to the masters or owners of such ships.
It is also agreed, that in all cases of un-founded detention or other contravention of the regulations stipulated by the present treaty, the owners of the vessel and cargo so detained shall be allowed damages proportioned to the loss occasioned thereby, together with the cost and charges of the trial.
ARTICLE IX. In order to regulate what is in future to be esteemed contraband of war, it is agreed that under the said denomination shall be comprised all arms and implements serving for the purposes of war, by land or by sea, such as cannon, muskets, mortars, petards, bombs, grenades, cartridges, snaphances, carriages for cannon, musket rests, bandoliers, gunpowder, match, saltpetre, ball, pikes, swords, head pieces, cuirasses, halberds, lances, javelins, horse furniture, holsters, copper in sheets, sail cloth, hemp, and cordage, and in general (with the exception of unwrought iron and fir planks; and also with the exception of tar and pitch when not going to a port of naval equipment, in which case they shall be entitled to pre-emption) whatever may serve directly to the equipment of vessels; and all the above articles are hereby declared to be just objects of confiscation, whenever they are attempted to be carried to an enemy. But no vessel shall be detained on pretence of carrying contraband of war, unless some of the above mentioned articles, not excepted, are found on board the said vessel at the time it is searched.
ARTICLE X. Whereas in consequence of the distance and of other circumstances incident to the situation of the high contracting parties, it may frequently happen that vessels may sail from a port or place belonging to an enemy without knowing that the same is either besieged, blockaded or invested, it is agreed, that every vessel so circumstanced may be turned away from such port or place; but she shall not be detained, nor her cargo if not contraband, be confiscated, unless after such notice she shall again attempt to enter. But she shall be permitted to go to any other port or place she may think proper. Nor shall any vessel, or goods of either party, that may have entered into such port or place before the same was besieged, blockaded or invested by the other and be found therein after the reduction or surrender of such place; be liable to confiscation; but shall be restored to the owners or proprietors thereof.
Neither of the parties, when at war, shall, during the continuance of the treaty, take from on board the vessels of the other, the subjects of the opposite belligerent unless they be in the actual employment of such belligerent.
ARTICLE XI. Whereas difference have arisen concerning the trading with the colonies of his majesty's enemies, and the instructions given by his majesty to his cruisers in regard thereto, it is agreed that during the present hostilities all articles of the growth, produce and manufacture of Europe, not being contraband of war, may be freely carried from the United States, to the port of any colony not blockaded belonging to his majesty's enemies. Provided such goods shall previously have been entered and landed in the United States, and shall have paid the ordinary duties on such articles so imported for home consumption, and on re-exportation shall after the drawbacks remain subject to a duty equivalent to no less than one per cent. ad valorem, and that the said goods and the vessels conveying the same shall from the time of their clearance from the American port be bona fide the property of citizens and inhabitants of the United States; and in like manner that all articles, not being contraband of war, and being the growth and produce of the enemy's colonies, may be brought to the United States, and after having been there landed, may be freely carried from thence to every part of Europe, not blockaded, provided such goods shall previously have been entered and landed in the United States and shall have paid the ordinary duties on colonial articles so imported for home consumption, and on re-exportation shall after the drawback remain subject to a duty equivalent to no less than two per cent. ad valorem; and provided that the said goods and the vessels conveying the same be bona fide the property of citizens and inhabitants of the United States.
Provided always, that this article or anything there in contained, shall not operate to the prejudice of any right belonging to either party, but that after the expiration of the time limited for the article, the rights on both sides shall revive and be in full force.
ARTICLE XII. And whereas it is expedient to make special provisions respecting the maritime jurisdiction of the high contracting parties on the coasts of their respective possessions in North America, on account of peculiar circumstances belonging to those coasts, it is agreed that in all cases where one of the said high contracting parties shall be engaged in war, and the other shall be at peace, the belligerent power shall not stop, except for the purpose hereinafter mentioned, the vessels of the neutral power, or the unarmed vessels of other nations within five marine miles from the shore belonging to the said neutral power on the American seas.
Provided that the said stipulations shall not take effect in favor of the ships of any nation or nations which shall not have agreed to respect the limit aforesaid as the
line of maritime jurisdiction of the said neutral state. And it is further stipulated that if either of the high contracting parties shall be at war with any nation or nations which shall not have agreed to respect the said special limit or line of maritime jurisdiction herein agreed upon, such contracting party shall have the right to stop or search any vessel beyond the limit of a cannon shot or three marine miles from the said coasts of the neutral power, for the purpose of ascertaining the nation to which such vessel shall belong. And with respect to the ships and property of the nation or nations not having agreed to respect the aforesaid line of jurisdiction, the belligerent power shall exercise the same rights as if this article did not exist; and the several provisions stipulated by this article shall have full power and effect only during the continuance of the present treaty.
ARTICLE XIII. With respect to the searching of merchant ships, the commanders of ships of war and privateers shall conduct themselves as favorably as the course of the war then existing may possibly permit towards the most friendly power that may remain neutral, observing as much as possible the acknowledged principles and rules of the law of nations. And for the better security of the respective subjects and citizens of the contracting parties, and to prevent their suffering injuries by the men of war or privateers of either party, all commanders of ships of war and privateers, and all others the said subjects and citizens, shall forbear doing any damage to those of the other party, or committing any outrage against them; and if they act to the contrary, they shall be punished, and shall also be bound in their persons and estates to make satisfaction and reparation for all damages, and the interest thereof of whatever nature the said damages may be.
For this cause all commanders of privateers, before hereafter they receive their commissions, shall hereafter be compelled to give, before a competent judge, sufficient security by at least two responsible sureties, who have no interest in the said privateer, each of whom, together with the said commander, shall be jointly and severally bound in the sum of two thousand pounds sterling; if such ship be provided with above one hundred and fifty seamen, or soldiers in the sum of four thousand pounds sterling, to satisfy all damages and injuries, which the said privateers or officers, or men, or any of them, may do or commit during their cruises contrary to the tenor of this treaty, or to the laws & instructions for regulating their conduct, and further, that in all cases of aggressions, the said commissions shall be revoked and annulled.
It is also agreed, that whenever a judge of a court of admiralty of either of the parties shall pronounce sentence against any vessel or goods, or property belonging to the subjects or citizens of the other party, a formal and duly authenticated copy of all the proceedings in the cause, and of the said sentence, shall, if required, be delivered to the commander of the said vessel, without the smallest delay, he paying all legal fees and demands for the same.
ARTICLE XIV. It is further agreed that both the said contracting parties shall not only refuse to receive any pirates into any of their ports, harbors, or towns, or permit any of their inhabitants to receive, protect, harbor, conceal, or assist them in any manner, but will bring to condign punishment all such inhabitants as shall be guilty of such acts or offences.
And all their ships, with the goods or merchandise, taken by them and brought into the ports of either of the said parties, shall be seized as far as they can be discovered, and shall be restored to the owners or the factors or agents duly deputed and authorised in writing by them (proper evidence being shown in the court of admiralty for proving the property) even in case such effects should have passed into other hands by sale, if it be proved that the buyers knew, or had good reason to believe, or suspect that they had been piratically taken.
ARTICLE XV. It is likewise agreed, that the subjects and citizens of the two nations shall not do any acts of hostility or violence against each other, nor accept commissions or instructions so to act from any foreign prince or state, enemies to the other party, nor shall the enemies of one of the parties be permitted to invite, or endeavor to enlist in the military service any of the subjects or citizens of the other party; And the laws against all such offences and aggressions shall be punctually executed; and if any subject or citizen of the said parties respectively shall accept any foreign commission or letters of marque for arming any vessel to act as a privateer against the other party, it is hereby declared to be lawful for the said party to treat and punish the said subject or citizen, having such commission or letters of marque, as a pirate.
ARTICLE XVI. It is expressly stipulated that neither of the said contracting parties will order or authorise any acts of reprisal against the other on complaints of injuries and damages until the said party shall first have presented to the other a statement thereof, ratified by competent proof and evidence; and demanded justice and satisfaction, and the same shall either have been refused or unreasonably delayed.
ARTICLE XVII. The ships of war of each of the contracting parties shall at all times be hospitably received in the ports of the other, their officers and crews paying due respect to the laws and government of the country. The officers shall be treated with that respect which is due to the commissions which they bear; and if any insult should be offered to them by any of the inhabitants, all offenders in this respect shall be punished as disturbers of the peace and amity between the two countries. And both contracting parties agree that in case any vessel of the one should by stress of weather, danger from enemies or other misfortunes, be reduced to the necessity of seeking shelter in any of the ports of the other, into which such vessel could not in ordinary cases claim to be admitted, she shall, on manifesting that necessity to the satisfaction of the government of the place, be hospitably received and permitted to refit, and to purchase at the market prices such necessaries as she may stand
in need of, conformably to such orders and regulations as the government of the place having respect to the circumstances of each case shall prescribe. She shall not be allowed to break bulk or unload her cargo, unless the same shall be bona fide necessary to her being refitted: Nor shall she be obliged to pay any duties whatever, except only on such articles as she may be permitted to sell for the purpose aforesaid.
ARTICLE XVIII. It shall not be lawful for any foreign privateers, (not being subjects or citizens of either of the said parties) who have commissions from any power or state in enemy with either nation, to arm their ships in the ports of either of the said parties, nor to sell what they have taken, nor in any other manner to exchange the same, nor shall they be allowed to purchase more provisions than shall be necessary for their going to the nearest port of that prince or state from whom they obtained their commissions.
ARTICLE XIX. It shall be lawful for the ships of war and privateers, belonging to the said parties respectively, to carry whithersoever they please the ships and goods taken from their enemies, without being obliged to pay any fees to the officers of the admiralty, or to any judges whatever, nor shall the said prizes when they arrive at and enter the ports of the said parties, be detained or seized; nor shall the searchers or other officers of those places visit such prizes, (except for the purpose of preventing the carrying of any part of the cargo thereof on shore in any manner contrary to the established laws of revenue, navigation, or commerce) nor shall such officers take cognizance of the validity of such prizes; but they shall be at liberty to hoist sail, and depart as speedily as may be, and carry their said prizes to the places mentioned in their commissions or patents, which the commanders of the said ships of war or privateers shall be obliged to shew.
No shelter or refuge shall be given in their ports to such as have made a prize upon the subjects or citizens of either of the said parties; but if forced by stress of weather or the dangers of the sea to enter them, particular care shall be taken to hasten their departure, and to cause them to retire as soon as possible: Nothing in this treaty contained shall however be construed to operate contrary to the former and existing public treaties with other sovereigns of states: But the two parties agree that while they continue in amity, neither of them will in future make any treaty that shall be inconsistent with this or the preceding article.
Neither of the said parties shall permit the ships or goods belonging to the subjects or citizens of the other to be taken within cannon shot of the coast nor within the jurisdiction described in Article XII, so long as the provisions of the said article shall be in force, by ships of war or others having commissions from any prince, republic, or state whatever. But in case it should so happen, the party, whose territorial rights shall thus have been violated, shall use its utmost endeavors to obtain from the offending party full and ample satisfaction for the vessel or vessels so taken, whether the same be vessels of war, or merchant vessels.
ARTICLE XX. If at any time a rupture should take place (which God forbid) between his majesty and the U. S. the merchants and others of each of the two nations, residing in the dominions of the other shall have the privilege of remaining and continuing their trade, so long as they do it peaceably, and commit no offence against the laws; and in case their conduct should render them suspected, and the respective governments should think proper to order them to remove, the term of twelve months, from the publication of the order shall be allowed them for that purpose, to remove with their families, effects and property; but this favor shall not be extended to those who shall act contrary to the established laws; and for greater certainty, it is declared that such rupture shall not be deemed to exist, while negotiations for accommodating differences shall be depending, nor until the respective ambassadors or ministers, if such there shall be, shall be recalled, or sent home on account of personal misconduct, according to the nature and degree of which, both parties retain their rights, either to request the recall, or immediately to send home the ambassador or minister of the other, and that without prejudice to their mutual friendship and good understanding.
ARTICLE XXI. It is further agreed that his majesty and the U. S. on mutual requisitions by them respectively, or by their respective ministers, or officers, authorised to make the same, will deliver up to justice all persons, who being charged with murder or forgery, committed within the jurisdiction of either, shall seek an asylum within any of the countries of the other, provided that this shall only be done on such evidence of criminality, as, according to the laws of the place, where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the offence had there been committed. The expense of such apprehension and delivery shall be borne and defrayed by those who make the requisition, and receive the fugitive.
ARTICLE XXII. In the event of a ship wreck happening in a place belonging to one or other of the high contracting parties, not only every assistance shall be given to the unfortunate persons, and no violence done to them, but also the effects which they shall have thrown out of the ship into the sea, shall not be concealed or detained, nor damaged under any pretext whatever: On the contrary the above-mentioned effects and merchandise shall be preserved, and restored to them, upon a suitable recompense being given to those who shall have assisted in saving their persons, vessels, and effects.
ARTICLE XXIII. And it being the intention of the high contracting parties that the people of their respective dominions shall continue to be on the footing of the most favored nation, it is agreed, that in case either party shall hereafter grant any additional advantages, in navigation or trade, to any other nation, the subjects or citizens of the other party shall fully participate therein.
ARTICLE XXIV. The high contracting parties engage to communicate to each other without delay,
all such laws as have been or shall be hereafter enacted by their respective legislatures, as also all measures which shall have been taken for the abolition or limitation of the African slave trade; and they further agree to use their best endeavors to procure the co-operation of other powers in the final and complete abolition of a trade so repugnant to the principles of justice and humanity.
ARTICLE XXV. And it is further agreed that nothing herein contained shall contravene to affect the due execution of any treaty or treaties now actually subsisting between either of the high contracting parties and any other power or powers.
ARTICLE XXVI. This treaty when the same shall have been ratified by his majesty and by the President of the U. S. with the advice of their senate, and the respective ratifications mutually exchanged, shall be binding and obligatory on his majesty and on the said states for ten years, from the date of the exchange of the said ratifications, and shall be reciprocally executed and observed, with punctiliousness and the most sincere regard to good faith.
In faith whereof we, the undersigned plenipotentiaries on the part of his majesty the king of Great Britain, and the commissioners extraordinary and plenipotentiaries, on the part of the United States of America, have signed this present treaty, and have caused to be affixed thereto the seal of our arms. Done at London, this thirty-first day of Dec. one thousand eight hundred and six.
[Seal] (Signed) VASSALL HOLLAND, [Seal] (Signed) AUCKLAND, [Seal] (Signed) JAMES MONROE, [Seal] (Signed) WILLIAM PINKNEY.
The following is the official Note delivered by Lords Holland and Auckland to the American Ministers previously to signing the treaty.
The undersigned Henry Richard Vassall lord Holland, and William lord Auckland, plenipotentiaries of his Britannic majesty, have the honor to inform James Monroe and William Pinkney, commissioners extraordinary and plenipotentiary of the U. S. of America, that they are now ready to proceed to the signature of the treaty of amity, commerce and navigation, on the articles of which they have mutually agreed.
But at the same time they have it in command from his majesty to call the attention of the commissioners of the U. S. to some extraordinary proceedings which have lately taken place on the continent of Europe, and to communicate to them officially the sentiments of his majesty's government thereupon.
The proceedings alluded to are certain declarations and orders of the French government issued at Berlin on the 21st of November last.
In those orders the French government seeks to justify or palliate its own unjust pretensions by imputing to Great Britain principles which she never professed, and practices which never existed. His majesty is accused of a systematic and general disregard of the law of nations recognized by civilized states, and more particularly of an unwarrantable extension of the right of blockade; whereas his majesty may confidently appeal to the world on his uniform respect for neutral rights, and his general and scrupulous adherence to the law of nations without condescending to contrast his conduct in these particulars with that of his enemy; and with regard to the only specific charge, it is notorious that he has never declared any ports, to be in a state of blockade without allotting to that object a force sufficient to make the entrance into them manifestly dangerous.
By such allegations, unfounded as they are, the enemy attempts to justify his pretensions of confiscating as lawful prize all produce of English industry or manufacture, tho' it be the property of neutrals; of excluding from his harbours every neutral vessel which has touched at any port of his majesty's dominions though employed in an innocent commerce, and of declaring Great Britain to be in a state of blockade though his own naval ports and arsenals are actually blockaded, and he is unable to station any naval force whatever before any port of the United Kingdom.
Such principles are in themselves extravagant and repugnant to the law of nations; and the pretensions founded on them, though professedly directed solely against Great Britain, tend to alter the practice of war amongst civilized nations, and utterly to subvert the rights and independence of neutral powers.
The undersigned cannot therefore believe that the enemy will ever seriously attempt to enforce such a system. If he should, they are confident that the good sense of the American government will perceive the fatal consequences of such pretensions to neutral commerce, and that its spirit and regard to national honor will prevent its acquiescence in such palpable violations of its rights, and injurious encroachments on its interest.
If however the enemy should carry these threats into execution, and if neutral nations, contrary to all expectation, should acquiesce in such usurpations, his majesty might probably be compelled, however reluctantly, to retaliate in his just defence, and to adopt, in regard to the commerce of neutral nations with his enemies, the same measures which those shall have permitted to be enforced against their commerce with his subjects. The commissioners of the U. S. will therefore feel, that at a moment when his majesty and all neutral nations are threatened with such an extension of the belligerent pretensions of his enemies, he cannot enter into the stipulations of the present treaty without an explanation from the U. S. of their intention, or a reservation on the part of his majesty, in the case above mentioned, if it should occur.
The undersigned considering that the distance of the American government renders any immediate explanation on this subject impossible, and animated by a desire of forwarding the beneficial work in which they are engaged, are authorised by his majesty to conclude the treaty without delay. They proceed to the signature under the full persuasion that before the treaty shall be returned from America with the
ratification of the United States, the enemy will either have formally abandoned or tacitly relinquished his unjust pretensions, or that the government of the United States, by its conduct or assurances, will have given security to his majesty that it will not submit to such innovations on the established system of maritime law. And the undersigned have presented this note from an anxious wish that it should be clearly understood on both sides, that without such an abandonment of the pretensions on the part of the enemy, or such assurances, or such conduct on the part of the United States, his majesty will not consider himself bound by the present signature of his commissioners to ratify the treaty, or precluded from adopting such measures as may seem necessary for counteracting the designs of his enemy.
The undersigned cannot conclude without expressing their satisfaction at the prospect of accomplishing an object so important to the interests and friendly connection of both nations, and their just sense of the conciliatory disposition manifested by the commissioners of the U. S. States during the whole course of the negotiation.
Signed, VASSALL HOLLAND, AUCKLAND. London, Dec. 31, 1806.
Virginia Argus.
RICHMOND: FRIDAY, APRIL 8, 1808.
ON MONDAY NEXT The FREEHOLDERS of the CITY of RICHMOND it is confidently hoped, will prove their enlightened attention to the public good, and the undiminished ascendancy of REPUBLICAN PRINCIPLES among them, by coming forward, in the majesty of their strength, and bestowing their votes on
WILLIAM WIRT, the REPUBLICAN CANDIDATE for a seat in the House of Delegates of this Commonwealth. His extraordinary talents and high respectability will make his election an important acquisition to the friends of their country; especially, in the present critical times, when the utmost exertions of the best abilities in Virginia are peculiarly necessary in the general assembly.
REPUBLICANS! On this occasion be WATCHFUL and ACTIVE; and your suffrages will be successful.
FEDERALISTS! Consider the local interests of this city, and the importance of having in the Legislature a representative well qualified to advocate, as well as zealous to promote them; and reflect, that, if you could elect a Federalist, he would, in the ensuing House of Delegates, be in a feeble minority, and totally unable to render any service to you as a party. Therefore, resolve, with sound discretion and true magnanimity, to disregard all personal party considerations; and give your votes, even to the man whose political opinions you disapprove, when you must be co-adjutors, that considerable advantages to yourselves, as citizens, may be derived from electing him.
This appeal may fail of producing its proper effect; yet we cannot but anticipate, that so much good sense and correctness of judgment will be found among the considerate men of all parties, as will be sufficient to ensure a majority of votes in favor of the character whose various qualifications most forcibly recommend him; and that character is certainly WILLIAM WIRT.
IT now appears that another letter from Mr. Champagny to Gen. Armstrong was communicated by the President to Congress on the 30th. ult. together with one from Mr. Brakine the British ambassador to Mr. Madison our Secretary of State. These important documents were at first furnished confidentially; but have since been published with the consent of the President. In the next Argus some observations shall be made upon them.
Stapleton Crutchfield and R. B. Starnes esqrs. are elected delegates to represent Spottsylvania county, in the ensuing General Assembly.
** A number of articles of intelligence and other interesting matter are omitted out of this day's Argus, but will appear hereafter. The length of the celebrated British Treaty must in part be our apology for the omission.
WM. WIRT having consented to serve the city of Richmond, as a delegate in the next assembly, if such should be the wish of a majority of the freeholders, regrets that professional engagements, formed long before his name was presented for this service, compel him to attend his clients in the court of chancery at Williamsburg, where they are now expecting him. His necessary absence on the day of the election, will be imputed by the liberal and reflecting body of freeholders, to its true and only motive, a sense of duty to those who have confided in him for the protection of their rights and interests. To neglect his duty to his clients, would be a very unprofitable omen of his fidelity, as a delegate; and he is well assured, that the freeholders of the city of Richmond, who are themselves men of business, will not think the less of him for his faithful attention to that duty. Friday, April 8, 1808.
Shad & Herring Fishery.
THE Subscriber OFFERS FOR SALE, on moderate terms as they can be had on the north side of James River. A quantity of SHAD & HERRING. At his FISHERY NEAR Four Mile Creek called and known by the name of Markham's. Those who may favor him with their custom will be supported gratis while at said fishery, together with their teams. JAS. VAUGHAN. Henrico County, 4th mo: 2d, 1808.
For Sale.
By Virtue of a deed of trust executed by Samuel Adams to the Subscriber, and for the purpose of completing the object of the said trust, the following will be offered for sale on the premises on the 28th day of March, 1808, to the highest bidder: all that parcel of land near Cuperland court house, commonly called and known by the name of ADAMS' TENEMENT, containing between 28 and 30 acres of land, with three or four houses, a good stable, garden and other conveniences for the accommodation of a family.
SAMUEL JOHNSON, Trustee. N. B. The above sale is postponed until April court by consent of parties. S. H. Dec. 28, 1808.

REMOVAL. GEORGE WATT, has removed to the main street, next door above the Bell-Tavern, where he offers for sale the following articles: 20 hhds Brown Sugar, 30 hhds Molasses, 8 Tierces and 8 Barrels best Green Coffee, 20 hhds Antigua Rum, 5 pipes Holland Gin, 4 pipes Cognac Brandy, 2 hhds and 20 bks Northern Whiskey, 15 qrs casks old Sherry Wine, 3 chests Young Hyson Tea, 6 chests Hyson Skin, do. 5 chests Souchong, do. 70 sacks Liverpool ground Salt. Richmond, 16th March, 1808. 1aw6w
By virtue of a deed of trust executed to Edward P. Chamberlayne, dec. and myself by James B. Littlepage, to secure the payment of sundry debts therein mentioned, due by the said Littlepage, to Benjamin Mosby, assignee of William Dandridge. I shall on Wednesday the first day of June next, proceed to sell to the highest bidder, for ready money, at King William courthouse, a certain tract or parcel of LAND, lying and being in the parish of St. John's, and county of King William, and commonly known as and called by the name of Palmers, containing by estimation Four Hundred and Fifteen Acres of high Land, and One Hundred Acres of Marsh Land, be the same more or less, and bounded by the lands of Bernard Moore, William Gregory, George W. P. Custis and John Quarles, dec. and Mattaponi River. BERN'D LIPSCOMB. February 24. wids
United States Court, Fifth Circuit & Virginia District, Nov. term, 1807. Charles and Jesse Ewell, Plffs. In Chancery. Against, Tristram Dalton & Tobias Lear, merchants and traders under the firm of Lear and Company. Defs. THE defendants Tristram Dalton and Tobias Lear, not having entered their appearance and given security according to a rule of this court, and it appearing to the satisfaction of the court that they are not inhabitants of this district, on the motion of the pls. by their counsel, it is ordered that the said defendants do appear here on the first day of the next term and answer the pls. bill, and that a copy of this order be forthwith inserted in some one of the newspapers published in the city of Richmond, for two months successively, and posted at the front door of the capitol in the said city. A copy—Teste, WILLIAM MARSHALL, Clk.
Richmond The Manufactory. THE subscriber having procured the exclusive right to manufacture in this and several other states H. Wood's much improved Patent Tile for covering houses, and at considerable expense erected the necessary buildings, &c. for carrying on that useful business extensively, now offers to supply, at a short notice, any quantity that may be required, at the moderate price of Thirty Five Dollars per thousand, delivered at his factory.
He can with confidence, founded on actual experiment, in the covering of about 20 houses in this city, assert, that houses can be covered with this tile as cheap in the first instance, as with shingles of the first quality, and when the security against fire, the difference of insurance, the durability and particular construction on these tiles to resist the most penetrating rains and snows are considered, he cannot doubt of meeting with considerable encouragement. It requires only the examination of a well covered roof to convince the most prejudiced mind of their superiority to any other tile heretofore made, or to the best slate, and will cost less than the latter, after paying the expense of water carriage to almost any part of this continent.
Particular attention will be paid to orders from other towns, and in all cases where they are shipped, he will deliver them whole and sound, along side of the vessels, at the expense of cartage only to the purchasers. Any person skilled in the art of tiling, will put on those tile with great facility, but where they cannot be procured, he can engage a few here who have had some experience, and will go a moderate distance, if the job is of sufficient magnitude and their travelling expenses paid.
BENJAMIN DU VAL. Richmond, March 12, 1808. N. B. I wish to sell Patent Rights in several other states. wtf B. D.
By virtue of a deed of trust executed to us by Drury Childers, in order to secure the payment of a certain sum of money due to William and Daniel Thompson, & all cost incurred by carrying the same into effect, we shall on Saturday the thirtieth day of April next, at Mr. Peter Francisco's Tavern, proceed to sell for cash, four negroes, viz: Isham, Phillis, Rachel, and Salley, or so much thereof as will be sufficient to answer the purposes of said deed.
TARLTON WILLIAMS, STEPHEN HOOPER, Trustees. Buckingham, 19th March 1808. tds
Charlotte Court, 1st February, 1808. JOSEPH OLIVER, Plaintiff, In Chancery. Against, WILLIAM BAKER, Deft. ry.
THE defendant not having entered his appearance according to the act of Assembly and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this state, on the motion of the plaintiff by his attorney, it is ordered that he appear here on the first day of May court next and enter his appearance and that a copy of this order be inserted in one of the newspapers printed in Richmond, for two months successively, and posted at the front door of the courthouse of the said county.
A Copy—Teste, THOMAS READ, Clk.
At a Court held for Cumberland County, 25th January, 1808. JOHN ANDERSON, Plaintiff, In Chancery. Against, JOHN HOLLAND & JAMES HOLLAND, Defendants. THIS day came the plaintiff, by his attorney, and the defendant JOHN, not having entered his appearance and given security according to law and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this state; On the motion of the plaintiff by his attorney aforesaid. It is ordered, that the said defendant, JOHN, do appear here on the fourth Monday in April next and answer the plaintiff's bill, and that a copy of this order be published in one of the public newspapers printed in the city of Richmond for three months successively, and posted at the front door of the courthouse of this county. A copy—Attest, (128) MILLER WOODSON, Clk.
At a Court held for Buckingham County, the 11th day of January, 1808. Sarah Holloway, widow of Robert Holloway, deceased; Geo: Season Holloway, and Elizabeth Holloway children and devisees of the said Robert Holloway, deceased, by the said Sarah their mother and next friend, Plaintiffs. Against, Smith Tandy and Nathan Ayres, Defendants.
ON the motion of the plaintiffs by their counsel, and it appearing to the satisfaction of the court that the defendant Smith Tandy is not an inhabitant of this state: It is ordered and decreed that unless the said Tandy shall appear here on or before the first day of May term next and answer the bill of the plaintiffs; the court will then proceed to take the same for confessed as to him and decree the matter thereof accordingly, and that a copy of this order be forthwith published in some public newspaper of the city of Richmond for two months successively, and another copy be posted up at the front door of the courthouse of this county. A copy—Teste, R. Eldridge, jr. D. C.
At a Court held for Buckingham County, the 11th day of January, 1808. James Murphy & Company, Plffs. In Chancery. Against, William Jones (son of John) and Thomas E. Jones, Defs. ry. ON the motion of the plaintiffs by their counsel, and it appearing to the satisfaction of the court, that the defendant William Jones, is not an inhabitant of this state. It is ordered and decreed that unless the said William Jones shall appear here, on or before May court next, and answer the bill of the plaintiffs, the court will then proceed to take the same for confessed as to him, and decree the matter thereof accordingly, and that a copy of this order be forthwith published in some public newspaper of the city of Richmond, for two months successively, and another copy be posted up at the front door of the courthouse of this county. A Copy, R. ELDRIDGE, jr. D. C.
By virtue of a deed of trust executed to us by Ambrose Dudley of King William county, to secure a debt due by the said Ambrose Dudley to Benjamin Mosby, assignee of William Dandridge—We shall proceed to sell, for ready cash, for the best price that can be obtained, on the premises, on the second day of June next, a certain Tract or Parcel of Land, lying and being in the county of King William, being the same on which the said Dudley now resides, and the same which the said Dudley purchased of William Dandridge, containing 602 acres, or so much thereof as will be sufficient to pay the sum of 400 pounds, current money, with legal interest thereon from the 1st day of April, 1807, till payment, together with all expenses attending the execution thereof. BERN'D. LIPSCOMB. NATH'L. FOX. 26th February, 1808. wids
MILITARY LANDS. IN THE STATES OF OHIO AND KENTUCKY. THE subscriber has for SALE, sundry valuable tracts of LAND on the waters of the Miami and Scioto rivers, state of Ohio. Also on the waters of Cumberland and Green rivers, state of Kentucky, which will be sold low for cash or good bonds—For further particulars enquire of William Price, register, who has the title papers, or to William Du-Val. Buckingham, January 20 1808. wtf
TAKEN up by Capt. John D. Richardson, the 28th December, 1807, a Sorrel Horse, about fourteen years old, neither dock'd nor branded; he is blind in the right eye, and about 4 feet 8 inches high, appraised to thirty dollars. Copy, w3t THOMAS READ, c. c.
10 Dollars Reward.
RUN AWAY from the Subscriber on Friday last, a Negro Man named JOHN, a carpenter by trade. He is six feet and upwards high, very likely, of insinuating manners, extremely polite when spoken to. For three years past he lived with Mr. Anderson Barrett. He has a free mulatto woman for his wife, in Richmond, living near the work house, where I expect he will stay. He took with him several articles of husbandry; amongst them, a pair of iron wedges, marked with the letter P. I will give a reward of ten dollars, if delivered to me in the lower end of Hanover, or eight if confined in jail, and I apprised of it. He is called by the negroes John Russell. ARMISTEAD RUSSELL. Hanover, January 24, 1808. tf
Advertisement. THE sale not having taken place at the time appointed in a former advertisement; will be sold, on Friday the 6th day of May next, for ready money, on the premises, a Valuable Tract of Land, lying in the county of Halifax on Staunton river, containing seven hundred and twenty five acres, more or less; it was once the property of Samuel Beall, was sold by him to Wm. Mosely, and mortgaged by Mosely to Robert Andrews and John Pierce, trustees of Beall, to secure the payment of the purchase money—The indenture of mortgage, which was recorded in the general court, bears date the 23d day of June 1795. At the same time and place, such of the SLAVES as are described in the said mortgage, and may be produced by the said Mosely, will also be sold for cash.—The sale is made by virtue of a decree of the superior court of chancery for the Richmond district, pronounced in a suit therein depending, in which the said Pierce, surviving trustee is plaintiff, and the said Mosely is defendant, and for the purpose of raising the following sums, with interest, viz. 1081. 15s. with interest at the rate of 5 per cent, from the 1st of January 1793—1054. 2s. 6d. with like interest from the 1st day of January 1794—1011. 10s. with like interest from the 1st day of January 1795—971. 17s. 6d. with like interest from the 1st day of January 1796—961. 5s. with like interest from the 1st day of January 1797—814. 14s. with like interest from the 14th day of July 1802—and 35 dollars 88 cents, the costs of the suit. The residue of the money decreed to be raised the plaintiff does not pretend to claim, as appears by an endorsement made by the clerk of the said court on the order dissolving an injunction obtained by John B. Scott, to stay the sale of the said land, which endorsement is copied from a writing filed in the suit first above mentioned by the plaintiff's agent and attorney. The COMMISSIONERS. Richmond, March 11, 1808. wids
Penitentiary Store. THE subscriber, Agent for the Penitentiary, offers for sale the following articles, the manufacture of that institution, at very low prices for cash only at retail, and at 90 credit at wholesale, for approved endorsed negotiable notes CUT NAILS. Wholesale prices Retail prices. 3dy 13 cents. 14 cents per lb. 4 12 1-2 13 1-2 6 11 1-2 12 1-2 8 10 1-2 11 1-2 10 10 11 12 10 11 20 10 11 Slating nails 11 1-2 12 1-2 CUT BRADS 8dy 10 cents. 11 cents per lb. 10 9 1-2 10 1-2 12 Do. Do. 20 Do. Do. SPRIGS. 3dy 59 cts. per lb. 50 per m. 4 22 1-3 67 6 17 54 WROUGHT NAILS and BRADS. 6dy 13 14 per lb. 8 12 1-2 13 1-3 10 12 13 12 11 1-2 12 1-3 20 11 12 30 11 12 Spikes of all sizes same price as 30dy. nails, Broad and narrow Axes, Hatchets, Hoes, Plough Shares and Coulters, Hinges, Wedges, Hammers, Fenders, Traces and Stretchers, Tin Ware, &c. &c.
Boots and Shoes. Fair tops, back straps, $ 9 Ditto 8 Suwarrows, 7 Half Boots, 5 Plantation and light fine shoes, 12s a 13s6 Do. second & third qualities, 7s6 a 10s6 Negro shoes (strong) 7s6 a 9s Girls do. 4s6 a 6s Boys do. 3s9 a 6s Childrens' shoecees, 3s a 4s6 Five Buckets $ 4 3/4 a $ 5 per pair Bridles, Sursingles, Whip thongs, Spur leathers, Hame strings, Back Bands, &c. &c. Any of the above articles made to order, left at the Penitentiary Store, second doors above the Eagle Tavern. D. J. BURR. March 11, 1808. (2aw1m law1f)
REMOVAL. WE have removed our Countinghouse to the house immediately below, and contiguous to the one we have hitherto occupied, where we have for sale, Muscovado Sugar by the hogshead or barrel, Sherry Wine, in quarter casks, and a few cases Old Claret of superior quality. ROBERT & ALLAN POLLOCK, & Co. March 8, 1808. (tf)
I AM desirous to exchange the following property, or any part thereof, as may be agreed on, for a small tract of good Land, in a healthy situation, with a dwelling house and other improvements, a good spring of water, and an agreeable neighborhood, at a distance of 30 to 100 miles up the country.—To say for Houses in this city—Lands in Henrico county, joining the academy lands, and near this city—2,000 acres on Richland creek, in Lincoln county, Kentucky—1,000 acres on the waters of the Ohio, in Mason county—and two tracts of Military Lands on the river Tennessee, each 866 2/3 acres. Robert Mitchell. Richmond, Feb. 4, 1808. tf
FOR SALE. MY Dwelling House, and Four Half Acre Lots of Ground, in the Town of Manchester, as formerly advertised: On receiving a part in cash, I am disposed to give a considerable credit, for the balance of purchase, or I will take young Negroes at a fair valuation, and Land in the State of Ohio, Tennessee or Kentucky, on such terms as may be agreed on.—If the said property is not sold between now and Christmas, it will be leased to an approved tenant for a term of years. ARCH'D CAMPBELL. Manchester, Nov. 30, 1807 tf
Landing this day From the Schooner Richmond, Isaac Seaman master, at Lester's wharf, seventeen hogs heads best GREEN COFFEE, and twenty hogsheads MOLASSES; for sale by GEO. WATT. Richmond March 28. 18 8. 4t COUNCIL CHAMBER, March 26, 1808.
PROPOSALS will be received by the Executive, on the 8th day of April next, for furnishing the public guard with clothing for the present year. Also, at the same time proposals will be received for furnishing the diet of the convicts in the penitentiary, for one year, from the 17th day of April next. DANL. L. HYLTON, Clerk of the Cl.
TO RENT The House and Lot, At present occupied by Mr Hezekiah Mosby pleasantly situated on Shockoe Hill and very convenient for the accommodation of a family.—Possession may be had on the 3d March next, when Mr Mosby's time will expire Thomas Elliott. Richmond, 29 h Jan 1808 tf
For Rent, THE House on the Main Street, next to Messrs Ellis and Allan, and now occupied by Mr Phepoc. Possession will be given on the first of January next—apply to JOSEPH GALLEGO Richmond, Dec. 27, 1807. tf
For Sale or Rent, THE HOUSE, OFFICE & STABLE, with an excellent garden, all in good order, and at present occupied by Mr Samuel P. Parsons, joining major Prior, on the Hay-Market square; For particulars apply to JASPER ROBBINS, at Mr. JOHN McENRY's. Feb 24, 1808.
Lands for Sale. AT next Buckingham court, being the 11th of April, and the day of election, will be Sold, to the highest bidder, on a credit of twelve months, two Tracts of Land, belonging to the estate of Thomas Anderson, dec. viz: one lying on the waters of Rock Island Creek, containing 147 Acres, more or less; the other lying near James River, adjoining the lands of Col. Wilson C. Nicholas, and Price Perkins, containing 41 Acres, be the same more or less, both in the aforesaid county; the purchasers giving bond with approved security to the EXECUTORS. March 23d. 1808. 2w
Will be Sold FOR ready money, on the premises on the fourth day of June next, in obedience to a decree of the Superior Court of Chancery, for the Richmond District, made on the ninth day of February last past, in the suits in said Court, viz: Brown, Rives, and Company, Merchants and partners, } pks. against William Alcock, Andrew Hart, Robert Alcock, James Barbour, and Martin Dawson, } dfts. and William Galt, } pks. against William Alcock, Andrew Hart, Robert Alcock, James Barbour, Brown, Rives & Company, Martin Dawson & David Anderson, } dfts. ONE TRACT or PARCEL OF LAND, in said suits mentioned, lying and being in the county of Albemarle, in the North Garden, on the head waters of Hardaway river, containing SEVEN HUNDRED AND EIGHTY FOUR ACRES, be the same more or less, and adjoining the lands of James Garland, Hukee R. Morris, William Woods, &c. subject to the life estate of the defendant Robert Alcock and Mary his wife, in the lower moiety thereof. MARTIN DAWSON. March 21. 1808. 5w
100 Dollars Reward.
RUN AWAY about the first inst. from the service of Mr. William Rawleigh, (to whom he was hired) a BLACK MAN named JACKSON, a House Carpenter by profession, of thin consumptive appearance, about 40 years of age, five feet eight or nine inches high; from circumstances attending his elopement, it is believed, he intends making his way to one of the Eastern States, and has been provided with false papers of freedom.—If taken within the State, and delivered to me here, or secured, that I get him, I will give Fifty Dollars, or if taken out of the State, One Hundred Dollars. Robert Gamble, Jr. Richmond, Dec. 24th, 1807 tf
TO BE SOLD, By public auction, for cash, on Monday the 25th April next, at Cumberland court house, being court day.
Two tracts of Land, In the county of Buckingham, formerly belonging to Mr. Peyton Saunders viz: one tract of 400 acres, adjoining the lands of Reiny Chaisain and John Harris. The other tract lies on Buffalo creek, five miles from the town of Cairo, containing 238 acres, adjoining the lands of Eleanor Bowling, John Druin, John Lipscomb and James Hudgins. Mr. Edw. W. Trent will be invested with free power to act for me, he being at court on that day. CHAN. H. SAUNDERS. Richmond, March 26, 1808. wids
TO RENT, A GOOD TENEMENT on Market Alley, opposite the Market House; it is among the best stands in the neighborhood for a grocery. For terms apply to the subscriber or to Harry Tompkins. ISAAC WEBSTER. February 19, tf
Valuable Lands. THE subscriber will sell, on a credit, or exchange for Property in Richmond or its neighborhood, the following LANDS, to wit: 832 acres in the state of Kentucky, by survey bearing date the 10th day of October 1797, lying and being in the district set apart for the officers and soldiers of the Virginia state line, on Little Barren river. Also, 1000 acres, in Kentucky, by survey bearing date the 10th October 1797, likewise lying in the district set apart for the officers and soldiers of the Virginia state line, on the north side of Little river, a branch of Cumberland river, and about two and an half miles from the mouth of Little river. Also, 450 acres of Land in the county of Mason, state of Virginia, on Old Town creek, about 8 miles from Mason courthouse. Indisputable titles will be made to the above mentioned lands; and plots of each tract may be seen on application to the subscriber residing in Richmond. THOMAS BOHANNON. January 231, 1808. tf
To be Sold TO the highest bidder, for ready money, on Thursday the 21st instant, April, at the house called Napier's Tavern, in the town of Columbia, a Tract of Land
whereon Abraham Shepard now lives, on the Rivanna, 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, and others, being land sold by David Ross to said Shepard, and 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, } Trustees. William Pasteur, } Jacob Myers, } 1st April, 1808. tds
NOTICE.
I WILL DISPOSE OF MY TRACT OF LAND, LYING in Powhatan county, containing 500 acres, of which there is 80 or more prime low grounds, which never is overflowed by the river Appomattox. There is also a fine mill ready to complete the mill, upon a never failing stream. The terms will be one-half cash, the balance in 12 months. I will sell or treat with any one between this and the 1st July next, otherwise it will be sold upon the premises, to the highest bidder, together with other property. The terms of the personal property will be made known on the day of sale. John H. Saunders. tds
Sales at Auction.
THIS DAY, at two o'clock, at my Auction Store, to close a consignment, will positive, y be sold without reserve. 44 Bags of Coffee, 2 Barrels and 1 hhd. Sugar. M. M. MYERS, Auctioneer. Tuesday, 5th April, 1808. 1
NOTICE.
THE Subscribers having formed a connection in business, under the firm of HOVELY & SIZER, offer for sale at the Store lately occupied by Mr. Charles P. Macmillan, the following articles. 50 hhds. N. E. Rum, 25 hhds. loaf and lump sugar, 12 bags of pepper, 2 ton of bar lead, 10 boxes cotton and wool cards, 25 boxes candles, 15 boxes N. York chocolate, 25 trunks of shoes assorted, 50 pieces Stone Lime. HENRY HOVELY, JAMES SIZER.
ALL PERSONS who are indebted to the subscriber are requested to make immediate payment. No other indulgence will be given to those whose bonds and accounts have been due six months. HENRY HOVELY. April 5th, 1808. cp5w
RANAWAY on Wednesday last, from the Subscriber residing in the city of Richmond, a negro boy named BILLY , about 12 or 13 years of age, remarkably black, with short knotty hair, and a sensible countenance. He is noted for smiling when spoken to. He had on when he went away, a brown drab jacket, the sleeves of which were ragged, pantaloon of the same, patched in several places with light grey cloth, and an India cotton shirt; but was barefooted and without a hat. Any person who will deliver him to the subscriber, if he apprehends him in this city, shall receive a reward of five dollars; and, if elsewhere, of ten dollars; and reasonable expenses paid. He has relations at Shirley in Charles city county, and may perhaps have gone to that place; or he may have gone into Chesterfield, or farther South, as a gentleman says he believes he saw him on Thursday last, following a waggon on the Manchester Turnpike Road. There is reason to believe that he stole, and has since sold, thrown away, or carried with him the following valuable articles: a large miniature picture set in gold, with hair in the back and a pin, the gold a little dented in consequence of a fall; being the likeness of a young lady dressed in white, of fair complexion, black eyes, and light curling hair parted on the forehead and flowing on the shoulders, with red and white beads around the neck; also a small miniature picture (set in gold with a pin) of a young lady with black hair and eyes, and a beautiful face; the frame in the shape of an Ottagon, and bent a little on the side, in consequence of having been trodden upon; also a small gold breast pin intended for hair, which was never put in, but black silk in its stead. Whoever will bring either of the said articles to the Subscriber shall receive a liberal reward. ANNA BYRD. Richmond, April 1, 1808. tf
JUST RECEIVED AT THIS OFFICE, No. 4, of THE American Military Library OR, Repository of Modern Tactics; Adapted to the use of the Militia of the United States.—17 Illustrated with a sheet plate of nineteen manoeuvres. (The plate alone sells for 75 cents.) March 9. Map of Virginia For Sale at this Office