Virginia Argus (Richmond, Va.), 1809-08-22 00:00:00

VIRGINIA ARGUS.
[XVIIIth YEAR.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No. 1680.]
RICHMOND.—PRINTED (ON TUESDAYS AND FRIDAYS) BY SAMUEL PLEASANTS, JUNIOR, PRINTER TO THE COMMONWEALTH.
[Four Dollars Per Annum—Paid in Advance.]
TUESDAY, AUGUST 22, 1809.
[12 1-2 Cents Single.]
VIRGINIA:
At a superior court of chancery held at the capitol in Richmond, June 20th, 1809. Phillip N. Nicholas, attorney general, on behalf of the commonwealth of Virginia, Plff.
AGAINST Lucy Price, relict of William Price, regis- ter, deceased, and William D. James A- lexander, John Harvie and Anne Price, Infant heirs of William Price, deceas- ed, by William Duval, their guardian, and the said William Duval, adminis- trator of William Price, deceased, defts.
AGAINST The same, defts. The Mutual Assurance Society against Fire on Buildings, in the state of Virginia, Plffs.
AGAINST The same, defts. And William Marshall and Thomas Taylor, guardians of Eleanor and Lavinia Dan- dridge, orphans of William Dandridge, deceased, Plffs.
AGAINST The same, defts.
THESE causes by consent of parties, were this day heard together on the bills, answers, exhibits, and report of com- missioner Greenhow, made in the second suit, which is substituted by consent in the other causes, and were argued by counsel; On consideration whereof, the court, by consent of parties, doth adjudge, order and decree, that John Prosser and William Moncure, or either of them, who are ap- pointed commissioners for that purpose, af- ter having advertised the time and place of sale for thirty days in two of the news- papers printed in the city of Richmond, do expose to sale, at public auction, upon the premises, the following Lands of the In- testate William Price, late register, name- ly; two thirds of two lots in the city of Richmond, known and distinguished in the plan of the said city by the numbers five hundred and twenty-seven, and five hun- dred and eight, lying on the main street, which were purchased of Alexander Quar- ter, and adjoining his present residence: nine vacant lots in the said city, near the residence of Joseph Jackson, and distin- guished by the numbers
—A house and lot on the main street of Shockoe Hill, near the Brick building of Thomas White, commonly called the Blue House, and which the intestate purchased of John Butain: three hundred and fifty acres of land (more or less,) in the county of Goochland, adjoining the lands of Robt. H. Saunders: 218 acres, more or less, and eighty acres of coal land, both lying on Deep Run, in the county of Henrico: three hundred and fifty acres of land on the Rich- mond Turnpike, situated about three and a half miles from Richmond, being the farm formerly occupied by the intestate, and now by Peter Wilkinson: and ten shares in the Richmond Turnpike Company, or so much thereof as shall be sufficient to satisfy the plaintiffs in their respective claims, with interest thereon from the day of sale, in the order, and on the terms following, to wit:—To satisfy the commonwealth of Vir- ginia, two thousand eight hundred and for- ty-five dollars and eighty-two cents, with interest from the first day of October, in the year one thousand eight hundred and eight, with costs of suit and expenses of the sales hereby directed, which sales shall be made on twelve months credit, the pur- chaser or purchasers paying interest from the date and giving bond with sufficient se- curity, payable to the treasurer, for the time being, or his successors in office, which bond or bonds shall be delivered to the au- ditor of public accounts by the said com- missioners:—To satisfy in the next place, Phillip Duval the sum of twelve hundred dollars, with interest from the twentieth day of November, 1808, and costs of suit with the sales hereby directed, which shall be made on six months credit, the purcha- ser or purchasers executing a note or notes, negotiable and payable in the Bank of Vir- ginia, with approved endorsers, and the note or notes so taken for such sum as shall be equal to the said Philip Duval's claim, with interest until such note or notes shall become due, be delivered to the said Philip Duval by the said commissioners. To satis- fy in the third place, the Mutual As- surance Society against fire on buildings in the state of Virginia, the sum of two thou- sand two hundred and seven dollars and fi- fty cents, with interest on two thousand and ninety-four dollars and five cents, from the first day of the present month, and costs of suit with expenses of sales hereby direct- ed, which sale shall be made at twelve months credit, the purchaser or purcha- sers executing a note or notes negotiable and payable in the Bank of Virginia, with approved endorsers, for such sum as shall be equal to the principal and interest of the said Society's claim, until the said note or notes shall become due, and costs of suit, which said note or notes shall be delivered to the principal agent of the said Society, for the time being: And, to satisfy in the last place, the plaintiffs, William Marshall and Thomas Taylor, the sum of four hun- dred dollars, with interest from the first day of the present month, with costs of suit and expenses of the sales hereby directed, which sale shall be made on a credit of two years, the purchaser or purchasers execut- ing bonds, with approved security, bearing interest from the date of the sale, the said bond or bonds to be delivered to the said Marshall and Taylor: And the court doth further adjudge, order and decree, that the said commissioners or the one who may act, report their proceedings to the court; as
to the dower of the defendant Lucy, in the property directed to be sold, the court will, if the parties consent, at a future day, pro- ceed to make compensation to her, out of the other lands of the estate of the Intes- tate; and liberty is reserved to the infant defendants to show cause against this de- cree at any time within six months after they shall severally attain the age of twen- ty-one years: And by consent of the par- ties in the last suit of the court, doth order the defendant William Duval, to make up the accounts of his intestate, as guardian of Lavinia and Eleanor Dandridge, now wards of the plaintiffs Taylor and Mar- shall, before one of the commissioners of the court, who is ordered to examine, state, settle and report the same to the court, with any matters required by the parties or deemed pertinent by himself.
A Copy—Teste, PETER TINSLEY, C. C.
IN conformity with the foregoing Decree, we shall, or one of us, proceed to sell on the pre- mises under the dates as hereinafter stated, the whole of the Property embraced in the said De- cree, Viz: On Friday the 15th day of September next, at 11 o'clock, A. M. The three hundred and fifty acres of land more or less, in Goochland county ly- ing on both of the Branches of Tuckahoe creek, adjoining the land and residence of Col. Robt. H. Saunders: On the ensuing day, Saturday the 16th, in the City of Richmond, at 11 o'clock, A. M. Part of Lot No. 527, & the whole of Lot 527, as designated and known in the plan of the said City, which have been divided into eight hand- some Lots of 23 feet 9 in. 4.10 front each, on the main street, running back 163 feet four in. adjoining the present residence of Mr. Alexan- der Quarrier & separated from the residence of Mr. Joseph Galette, only by sixth street—A survey of which lots, has been accurately made, and a plan of the same may be seen at any time at the Vendor's Office of Prosser & Mon- cure—The ten Richmond Turnpike shares im- mediately after these Lots are sold, and on the last of said Lots disposed of. On the same day immediately thereafter, the sale of the said 5 Lots, the nine Lots on Shockoe Hill near the residence and residence of Mr. Joseph Jackson, and the same which the intestate, William Price, late register, purchased of Judge Wash- ington Nos. — On the ensuing Monday the 18th S. P. in Henrico county, at 11 o'clock A. M. the 218 acres Land more or less and 80 acres coal land, lying on Deep Run. On the 19th same month, Tuesday, at 11 o'clock, A. M. in the city of Richmond, the House and Lot on the main street of Shockoe Hill, near the Brick building of Mr. Thos. White, common- ly called the Blue House, which the intestate purchased of John Butain; and on the day af- ter, Wednesday the 20th Sept. in the county of Henrico, the tract desirable Estate, called Channilli, containing about three hundred and fifty acres of land, with very good improvements thereon, situated about three and a half miles from the city of Richmond, being the farm formerly occupied by the intestate William Price, late Register, and now by Mr. Peter Wilkinson, or so much thereof as will be suf- ficient to satisfy the plaintiffs in their respective claims, with the interest thereon from the several days of sale in the order and on the terms stated in the foregoing decree.
JOHN PROSSER, } Commissioners WM. MONCURE, } Richmond, August 12th. 1809.
BY Virtue of a deed of trust, bearing date 24th day of Oct. 1808, executed by Thomas P. Holman, to the subscribers, as trustees for the purpose of securing a sum of money therein mentioned to be due to Richard Booker and for other purposes, in the deed mentioned, will be sold, at John Grigsby's Tavern on the 15th day of September next if fair, if not, the next fair day, the following property, to wit: One neg. man named George, one neg. woman named Susey, one other name Licy, 3 feather beds and a furni- ture, one grey horse, one bay horse, and some household and kitchen furniture. The subscri- bers will only convey the title vested in them as trustees. The sale will be made agreeably to an act of Assembly passed the 31st day of January, 1809, entitled an act concerning executions and for other purposes.
NEW FORDON } Trustees JOHN FORD, Jr. } Cumberland, August 7th 1809 3 W.
LANDS FOR SALE.—The subscri- bers, a firm in fact, for Col. John Simpson Farley, and his sister, Mrs. Eliza- beth Morson, residents in Great Britain, offer for sale their remaining proportion of that valuable TRACT OF LAND, in the county of Rockingham and state of North Carolina, called the Sauratown Es- tate. This land lying contiguous to one of the branches of Roanoke River, and in the mids of a wealthy country, is represented to be of great fertility, and to unite so ma- ny advantages as to be well worth the at- tention of the purchasers; it contains from 10 to 12 000 acres, and will be sold in one whole, or in distinct parcels, at the option of those who may wish to buy; for which purpose it has been laid off in separate lots. A plot of the land is left in the pos- session of Wm. Edward Broadax, esq. of Brunswick county, Virginia, who has purchased a part of it, and to whom, for more correct information as to its quality, situation and other advantages purcha- sers are referred, as well as to Mr. Ira E- llis, who lives on the spot. Mr. Broadax will also make known the terms of sale, and any contract entered into with him for the purchase of the above land, or any part thereof, will be obligatory on our- selves, and our principals.
G. K. TAYLOR, JOHN DUNLOP. Petersburg, Va. July 28. 6W
Foreign.
WEST INDIES.
Extract of a Letter from Montego Bay, Jan of 26th June, to a Merchant in Boston.
I have already apprized you of the new duties laid on vessels and cargoes of the United States by the Assembly of this Island, and I knew of a new order in council. As the latter has had some noise here, and difference of opinions pre- vail, I have enclosed you the editorial re- marks of the St. Jago de la Vega Gazette. Some think both duties will be collect- ed until the next session of the assembly, when those of his majesty will probably prevail, though others believe the assem- bly will endeavor to impose theirs under the idea that the former were not intended to be collected where the latter existed.
AMERICAN DUTIES AND TON- NAGE.
  On all American vessels per ton 6s 8d   On every bbl. of wine, rum, not   more than 196 lb. 6s 8d   bbl. brand or biscuit not   more than 100 lb. 3s 4d   100 lb. of bread in any o-   ther package 3s 4d   bbl. meal or flour, other   than wheat 3s 4d   bushel of peas, beans, rye,   corn, canavaces, &c 0s 10d   100 lb. of rice 3s 4d   1000 common shingles,   not more than 12 in.   chips 3s 4d   1000 cypress sh. ab ve   12 inches 6s 8d   1200 red staves, 1s 0d   1200 white oak staves 1s 0d   2000 pine staves of head ng 1s 0d   1000 feet yellow white   pine boards or lum-   ber 10s 0d   1000 feet pitch pine lum-   ber 15s 0d   1000 wood hoops. 5s 0d   6s 8d to the dollar. 
On all horses, cattle, and other live stock or other (admissible) goods, wares, or merchandise, 10 per cent. on the value thereof at the port of entry.—The ab- ove took place on the 9th of May. Fish pays the same duties in United States vessels, that British ships obtain by v. z.—Cods or sole fish, 21 sterling per qum at—Alexandria, Madaden, or Her- ings, 1s 6d per bbl.—Mackerel 2s and Salmon 3s sterling per d.—These to k place in Nov. 1808.
ST. JAGO DE LA VEGA
Saturday, June 10.
An order in council was issued in the month of April last, permitting, for twelve months from its date, the importation of saves and lumber, horses and mules, as- ses, nea, cattle, sheep, hogs, and every other species of live stock and live provi- sions, a d d o of every kind of provisions who ever (beef, pork, and butter excepted) into the British West India colonies, in any ships or vessels belonging to the sub- jects of any state in amity with his majes- ty, according to the usual regulations; and then provides, that no such vessels shall, however, be permitted, after the 1st November, 1809, to import those provisions into any of the colonies in which there shall not be, at the time when such arti- cles are bought for importation, a tonnage duty of not less than five shillings sterling per ton, on every such ship or vessel bring- ing the same; not to permit, after the 1st July, 1809, the importation of fish into a- ny of the said colonies, in which there shall not be at the time when such fish shall be brought for importation a duty of not less than 5s sterling per qum at or dred or salted, cod or ling fish, cured or salted, and a proportionate duty per barrel on uncured or pickled shad, mackerel, and salmon, so imported, and also a tonnage duty to the amount above mentioned per ton on every ship or vessel bringing the same, according to the admeasurement of such ship or vessel.
In the above order it is rather difficult to account for the reason that occasioned the different periods at which the duties are to take place; and although, in the first instance, the tonnage duty of 5s is not to be laid until the 1st November, yet it will undoubtedly affect all vessels carrying the above articles, who may also have fish on board, after the 1st July. We fear this may occasion great trouble and dis- cussion in collecting the duties, and some difficulty will arise from the different modes in which duties on such vessels were laid by the late act of assembly.
THE OFFICIAL BULLETIN OF PETION. PORT AU PRINCE, July 13. The opening of the campaign, under a
ken with the valor of citizens of a republic, zealous to preserve their liberty, is the most happy presage of what is to be expect- ed.
Twelve thousand infantry and one thou- sand cavalry, commanded by general of- ficers of known valor, with the president of Hayti at their head compose the army which is shortly to deliver us from the tyrant who wishes to enslave us.
At the word of the chief of the govern- ment, who in the name of his country has indiscriminately called upon all the citi- zens to aid in the defence of their own fire sides, thousands have assembled.
The 8th.—The army is in motion, and is divided into three columns. The right column, commanded by gen. Gerin, is composed of the 13 h, 18 h, 21s, and 28th dem. Brigades, and 3000 of the national guards, of the neighborhood of Leogane.
Under gen. Gerin's orders, are the ad- jutant general, Veret and Marian.
The column of the left, commanded by gen. Bennet, is composed of the regiment of bombardiers, of the 12th, 16 h, 22d 23d, and 1000 of the national guard, from the neighborhood of Jacquet-mel.
Under the orders of gen. Bennet are, the adjutant general, Le Croix and Beau- regard.
The centre column, commanded by the president of Hayti is composed of the 2d, 10th, 11 h, part of the 27 h, 28th and 29th dem. brigades, of the reg. of government- al guards, 1200 strong, and a company of light troops, formed of officers without employment, 1200 strong.
Under the immediate command of the president of Hayti and his suite, are gen- eral Bazela's, chief of the staff, Mitelus, Lamothe, Aigron, Delva, and Giles Bo- rech.
The cavalry is commanded by general Nicolas Louis; Wavel commands the army of reserve; two companies of work- men are with the army.
We wait with impatience, news from the army to make it public.
PORTO RICO, July 8th, 1809.
On Friday the 30th of June last, arrived here his Majesty's brig of war Penelope in which came the hon. Don Salvador Mendez y Bruce, Esq. knight of the military order of Calatrava and captain in the royal navy, who had been appointed by the supreme junta of Spain and the Indies in the name of his majesty Ferdinand the VII. Governor, Intendant and Captain General of this Island. His honor accord- ingly took the command, and his predeces- sor Don Ramon Montes, field marshal went to Callao as governor there and sub- inspector of the troops in the vice royal- ties of Peru, to which his majesty has been pleased to appoint him at the same time.
ST. JOHN'S, (Antigua) July 4.
On Saturday last arrived, his Majesty's ship La Pique, of 36 guns, Capt. Pigeon, with a valuable prize, La Felicitie, French fri- gate, commanded by Monsieur Hugos, lieut- de Vaisseau. This is one of the figure which a rival in these seas with the las- French squadron and was fortunate enough to escape from the Sanies into Guada- loupe. She is rated at 36 guns, now mounts only 16, and was on her return to France, laden with sugar and coffee, when the La Pique fell in with and captured her, in lat. 23 north. Capt. Pigeon left the Blonde, of 40 guns, in chase of the other frigate, (probably La Furieuse, her consort, also laden with colonial produce) and there was the greatest probability that she would likewise be taken.
Translated from a Haytian Paper for the Baltimore Federal Gazette.
LIBERTY AND INDEPENDENCE. STATE OF HAYTI.
General Order to the Army. Saturday 2d July, 1809—Year the 6th.
Since the 10th of April last, a procl- amation of the rebel Petion indicates g ear preparations for an incursion in the north for the purpose of releasing his accomplice Lamarre, who is closely shut up in the Mole. A rising en masse of all the forces of the south and of that part of the west which is in possession of the Rebel, by nu- merous requisitions from the youngest to the oldest are marching for this a temp- tation. Monsieur the President, was early ap- vised of the object of the insurgents, but de- clined taking any measures to oppose their designs, least he should too soon crush their prospects; he rather preferred per- mitting them rashly to carry on their plo- being well assured of conquering and dis- siping them like dust, as soon as they should openly show themselves; the even was fully justified his conjecures.
The rebels appeared with all their dis- possible forces about the middle of June before Mirebalais, headed by their two
perfidious chiefs Petion and Gurin; and whilst they threatened to attack Mireba- lais, almost the whole of their force de- fied under the command of the brigands David Fois, Lys, Burdet, &c. under the orders of David Trois, they presented themselves at the quarter of the south, threatening all the country about Grand Riviere, and promised themselves nothing less in their bold presumption than the conque- rion of the Cape.
Monsieur the President, immediately caused the troops to march with two squa- drons of his horse guards, for the purpose of annihilating the rebels. Such has been their activity and their ardor, that the re- bels had not time to possess themselves of a single position; they were vigorously at- tacked, routed, abandoning their dead and wounded on the field. The infamous David Trois has paid with his life his nu- merous crimes, and has received the just punishment due to his villainy; his col- league Boudes, Col. of the 13th regiment, lost himself in the woods, and has fallen into our hands, besides a great number of other prisoners. Our army, under the com- mand of Lieut. Gen. P. Romain and Na- Joachim formed a junction with the Mar- shal of the camp of Pierre Toussaint, and pursued the remains of the insurgents with the utmost vigor. Arrived at Banque these wretches found the river Aribonite swelled by their blood: a part tried to pass it by swimming, but not being able to succeed, they thought themselves out of danger, hid along the banks of the river. Just at this time our army fell on them a second time, and dispersed them. The greater part of those who attempted to pass the river was carried down by the rapidity of the current. A battalion and a half were drowned;— very few gained the opposite shore, and precipitately renewed their flight. As soon as the troops could effect their passage, they pursued the insurgents, and arrived at Mirebalais without being able to over- take them.
The rebel Lamarre, anxious to profit by the attempt, this gave him an opportunity of making, made an effort to attack, when blocked him so closely; but he was im- mediately driven by the bayonet within his lines, leaving the place covered with dead, amongst whom was his two aids. He him- self abandoned his horse and escaped under a disguise. Behold then to what this fa- mous expedition is reduced, raised at a great expence and by numerous artifices; they boasted that they were about to con- quer the north! Strange blindness! Can- not the numerous losses which the rebels have received teach them the folly and absurdity of their attempts! Is it possible that after so many reverses and disasters, these revolters and their agents will have the hardihood to publish accounts of suc- cesses they have never obtained! Is it possible that any man, however partial, can discover a single circumstance which has given the smallest success to their ef- forts? We invite the testimony of all the strangers, as well those who are estab- lished as those who frequent our ports, if even the rebel Petion or any of his satel- lites, has even in one instance succeed- ed in the attacks they have made on us; on the contrary, they will attest that when- ever they have shown themselves, they have been punished for their temerity, and have reaped the infamy due to their business.
Monsieur the President, in making this detail to the army, regrets that the illness, with which he has been afflicted did not permit him to put himself at the head of his troops in or- der to pursue the fugitives and make them be he dust. He regrets likewise that the rebel Petion, or his associate Gerin had not the blindness to participate in this attempt, being well assured that if they had, they never more would have returned to the Port of Crimes (Port au Prince.)
Done at the General Head Quarters, at the Cap, the 1st July, 1809, in the 6th year of Independence.
The sub-chief of the etat-major. RICHARD, Examined and approved for publication, HENRY CHRISTOPHE.
PALESTINE.
From the Freeman's Journal. JERUSALEM.
We have often heard from Egypt of late, but an article of information dis- rect from the ancient city of Jerusa- lem, does not reach us once in many years. The following comes with ev- ery mark of authenticity.
"JERUSALEM, 24th Oct. 1808. "In the night between the 11th and 12th inst. after the Franciscan monks, who reside in the Holy Sepulchre, had retired to rest, they heard an uncom- mon noise in the church. They im- mediately hastened to the spot and, upon their entering it, they discovered the wooden altar, together with the

the Armenian ecclesiastics, situated over the columns of the gallery, in flames, without their being able to divine the cause. From thence the flames descended upon the choir of the Greeks, and from thence to the roof of the church. The fire now assumed a most awful appearance, and threatened the elevated cupola of the Temple with immediate destruction. The Franciscans used their utmost exertions to stop the progress of the flames; but they were too few in number. They also wanted the necessary implements for that purpose; and when they at last succeeded in alarming the ecclesiastics of the adjacent church of St. Salvator, and a quainting them, as well as the police, with what had happened, the flames had already reached the cupola. As soon as the alarm was given, the whole Roman Catholic youth of the city rushed immediately to their assistance, and exerted themselves with the greatest zeal and intrepidity; but it was impossible to stop the fury of the devouring element; and, between five and six o'clock in the morning, the burning cupola, with all the melting and boiling lead wherewith it was covered, fell in, and thereby gave this extensive building the awful appearance of a burning smoking house. The excessive heat which proceeded from this immense mass of liquid fire, caused not only the marble columns which support the gallery, to burst, but likewise the marble floor of the church, together with the pilasters and images that had before decorated the chapel, containing the Holy Sepulchre, situated in the centre of the church. Shortly after the massive columns that supported the gallery fell down, together with the whole of the walls. Fortunately no lives were lost; only a few persons were hurt or scorched by the fire. It is remarkable that the interior of the above mentioned chapel, containing the Holy Sepulchre, and where service is performed, has not been in the least injured, although the same was situated immediately under the cupola, and consequently in the middle of the flames. Even after the fire had been extinguished, it was found that the silk hangings, wherewith it is decorated, and the splendid painting representing the resurrection, placed upon the altar at the entrance of the Sepulchre, had not sustained the least injury."
NEW-YORK, AUGUST 15. NEWS FROM SPAIN. Translated for the Mercantile Advertiser. PARIS, June 23. Letter from Marshal Duke of Elchingen, Commander in Chief of the 7th corps of the French army in Spain, to his excellency the Minister of War, dated Oviedo, May 21, 1809. I have the honor of acquainting your excellency that the expedition of the Asturias has been concerted with General Bellemar immediately after his arrival at Lugo. This important operation has been promptly terminated. I set out from Lugo on the 13th, with the 25th of light infantry, the 27th and 59th of the line only, the 3d of hussars, the 25th of dragoons, eight pieces mounted artillery, carried on mules, 200,000 cartridges of reserve, and biscuits for seven days. This division, commanded by General Maurice Mathieu, was divided into four brigades under the orders of Generals Lorcet, Labassée, Marcoy, and Bardet. The troops took position the same day in the Val de Pedrao. On the 14th they encamped at Navia de Suarna; we exchanged a few musket shots in entering it, and we made 25 prisoners. I learnt that the army denominated Galicia 3000 strong, composed of troops of the line and of a multitude of armed peasants, was encamped at Fuensagrada and Peñín; I might have easily attacked it on the 15th by facing round about upon them, and the success was obvious; but I preferred to take advantage of the ignorance in which the enemy was of my designs, in order to gain a few marches, fall on a sudden on the center of his forces, and by these means render the junction impossible. He presumed, no doubt, that when arrived at Navia de Suarna I would alter my course to the right in order to reach the road of Villa Franca by the Val de Neyra, and then bend my way upon Orense. On the 15th I took position at Tormar; on our way we dispersed a convoy of 300 mules, carrying flour, muskets, & ammunition to the enemy's army. The peasants, who remained in the villages, would look upon us as a crazy set of people to dare encountering troops in the Asturias through such a way; and truly the road, or rather path, was impassable. On the 16th I took position at Cugas-de-Tineo; there we found recruits intended for Fuensagrada; I sent them back to their villages; a number of muskets and ammunition were destroyed. On the 17th, I arrived at Selas and my advanced-guard reached Comellenas, where I purposed crossing the Narcea; there is no bridge on this torrent, which the melting of the snow renders very wide and rapid; fortunately we found there two vessels capable of carrying 20 men at a time, but there was no fording place for the cavalry; I determined to cause a dyke to be opened in order to procure a new passage to the waters. The troops set about this laborious task with so much eagerness, that in three hours the river fell one foot, and
the cavalry and baggage could ford it. Swimmers placed at proper distances, recovered six men who were carried off by the stream; four horses were drowned. It was only on the 17th that Romana, whose headquarters were at Oviedo, learnt with certainty that I was marching up to him. The garrison of that city was 3000 men, composed of the princess's regiment and the militia. He hastened to send 1,000 men, with two pieces of cannon, to Peñafiel's bridge, and marched the remainder of his troops to Gallegos, in order, likewise, to defend the bridge on the Nalón. These two detachments were provided with implements and powder to blow up the bridge in case of need. After these dispositions, Romana remained tranquil at Oviedo, and sent orders to Generals Mahy and Mantica-bal, to retrograde by Salime and Lapiadabal, Allande, in order to cut off our retreat. On the 18th, at 6 in the morning, the advanced-guard had crossed the Narcea, and was bending its way towards Grado; at 8 o'clock, the whole of the artillery and a battalion of the 25th marched to support it. The enemy whom they found at Grado was routed with extreme rapidity as far as Peñafiel—all the heights were covered with peasants, and the firing became excessively brisk on all sides. Ordered gen. Lorcet to carry the bridge at the point of the bayonet. The order was executed with the greatest boldness; the two pieces of cannon were taken, and every one of the enemy we could come up with was run through. The cavalry was in battle array in a small plain, and kept up our communications; but it was requisite to abandon it, because I wished to avail myself of the enemy's flight, in order to carry the bridge of Gallegos. Accordingly, I left the battalion of the 25th to guard the bridge and heights of Peñafiel, whilst the battalion of Voltigeurs of advanced guard, and 50 hussars marched on to Gallegos. This last bridge was considerably well defended by the Princess's regiment, but it was nevertheless carried: we also took a 12 pounder. The enemy were pursued at a short distance, and we returned to barricade ourselves on the bridge, in order to wait the meeting of the brigades. Meanwhile the passage of the Narcea continued the whole day and night. On the 19th, at six in the morning, the 3d and 4th brigade were at Oviedo; the advanced guard and the first brigade were taking position at the forked road of Gijon and Aviles, as likewise at Coyes and Llugones, on the Nalón. Romana embarked on the 19th at 5 in the morning at Gijon, with the members of the Junta, on board of a Spanish Scout which kept within sight by contrary winds: we could behold the entry of the French. On the 20th, the troops entered Gijon. We found in that town and at Oviedo upwards of 250,000 wt. of powder, as much shot, a great quantity of artillery, muskets and military equipages, the whole furnished by the English. Two brigs, of the same nation, loaded with sundry articles, were set on fire by the enemy at the moment of its flight; our soldiers succeeded in saving one of them. This day a small column of infantry, which I had sent to Pola de Lona, effected its junction with the head of general Bellemar's troops. The general will arrive here this evening. This column met with the enemy and routed him. Tomorrow I shall depart from hence, to march against the insurgents army, called Galicia; I know the chiefs are very much perplexed. I am in hopes of dispersing their troops, and returning to my former position. As far as one can judge in this first moment of the dispositions of their minds, the lower class of people seems weary of the war: Romana, and the other chiefs, are detested. It is very difficult to appreciate the loss of the enemy; it must have been very considerable, for the whole road from the Narcea to Oviedo is covered with dead bodies. Our loss is not worth mentioning. We have recovered many soldiers of the 6th light infantry and of the several regiments of the 2d corps. Signed. The Marshal Duke of Elchingen, Ney. Second Letter from his Excellency Marshal Duke of Elchingen, to his Excellency the Minister of War. La Coruña, 3d June. My Lord, I had the honor of addressing you on the 21st ult. a report upon the expedition of the Asturias; I now owe you an account of the return of my troops into Galicia, of the obstacles they had to encounter in their march, and of the events which have taken place in this extensive province during my absence. On the 21st, gen. Kellerman arrived at Oviedo, and his troops successively relieved mine at Gijon, Aviles, and in the important positions of Peñafiel and Gallegos. After having settled with that general the necessary arrangements for the preservation of the tranquility of the country, I began my march. On the 22d, I arrived at Aviles, where gen. Marcognet had two days before a smart fighting with the insurgents, who lost 200 men, and in which the 25th of dragoons and the 39th of the line distinguished themselves. The left of my troops was marching ahead, covered by colonel Ornano with a squadron of dragoons, followed by the 39th of the line, under the orders of general Barner. Colonel Ornano took a position on the Nalón, with a few companies of Voltigeurs, opposite Moraz; he was instructed to collect on that point, the greatest number possible of boats; another column went up the river for the same purpose as far as Pravia, from whence they brought ten barks loaded with 12,000 rations of provisions destined for the troops that were to have come to dispute with us the passage. I had dispatched from Aviles, under the orders of chief of battalion Regnard, a party of camp, a small flotilla armed with some pieces of artillery and 120 men of infantry to range along the shore, to pick up boat and bring them successively in the river we had to cross. On the 23d, the insurgents lined the heights on the left of the Nalón; some few embarks were sufficient to disperse this assemblage which lost 40 or 50 men,
by calculated that the ultimate award of the passage began at three in the morning and was completed by 10 at night; the horses of the cavalry swam over. The rear guard coming from Gijon, effected its passage only in the morning of the following day. On the 24th, all the troops were in march by day-break making for Luarca; a fording place was observed on the Caneiro, and the infantry could cross over on a bridge of carts without being disturbed by the enemy. The rear guard joined the first brigade and from that moment continued united to the rest of my troops. The flotilla continued to range along the shore, still increasing the number of their boats; they had orders to enter in the Navia; Off Cape Saint-Pedro, they were attacked by a privateer and a large fishing boat which they obliged to sheer off after an obstinate conflict of three hours. On the 25th at day break, the column passed through Luarca; the head was already on the Niava; some militia and a multitude of peasants defended the passage with two 24, one 8, and one 6 pounders, maneuvered by coasting cannoniers. This troop on our approach kept up a very brisk firing of artillery and small arms. Colonel Ornano, who had been sent to reconnoitre the river, found a ford opposite Cuana; immediately the voltigeurs rode behind the dragoons on the same horses, and the enemy, attacked in flank, precipitated their retreat; but having perceived too late our movement he experienced a great loss, and our dragoons cut a great many of them. Whilst the crossing at the fording place was effecting, a number of swimmers, at the head of whom was captain Iressard, were swimming over under the fire of the artillery, shoving along before them a chest filled with muskets and cartridge boxes, and in a short time this handful of brave men advanced to the enemy, who assailed on all sides, disbanded and abandoned his artillery; from that moment we could direct our attention to the passage of the infantry, which went on with such activity that at 9 o'clock in the evening, the rear guard only remained on the right bank, and they crossed it during the night. The flotilla directed its course towards Ribades in order to protect our passage of the Ro. On the 26th, the troops were divided in two columns: One of them marched towards Castropol, and the other to Lavega; we met with a ford at the latter place, and the infantry crossed over on a bridge of carts. I learnt at Castropol of the arrival of the duke of Dalmatia (Soult) on the Minho. On the 27th I directed the greatest part of my troops towards Mondonedo, my advanced guard made some prisoners of the enemy, whose retreat was towards Meyra. On the 28th I drew my troops closer to Lugo, the right extending beyond Castropol. I sent reconnoitring parties towards Meyra and Lugo to ascertain the position of the enemy, and to know the state of affairs in Galicia. The officer sent to Lugo confirmed to me the arrival of the 2d corps, and informed me of the result of the attempts made by the enemy upon that city and San-Yago from the 19th to the 23d. On the 29th the troops remained in position excepting the 3d of Hussars, with which I went to Lugo for the purpose of conferring with the Duke of Dalmatia upon the measures to be taken to disperse the enemy and baffle his projects. On the 30th, and 31st May, and first of June, my troops approached successively to Bretanys, in order to be in readiness to act vigorously against the corps of Garay which occupied San-Yago. Yesterday, 3d June, my advanced guard entered this city—the enemy has retreated upon Eldadron and Ponedevara. During the toilsome march of the troops upon Oviedo, and their return into Galicia from the 13th of May to the 26th, they have been constantly in motion from 4 o'clock in the morning till 9 and 10 at night; they had to climb up steep hills, and go through the most impracticable road I ever saw in my life. The enemy whatever his position might be, could not resist them. In short it is impossible to show more devotedness for the service of his majesty than has been manifested in this circumstance by all the generals, officers and soldiers. I shall forward to your excellency the list of officers, subalterns and soldiers who have distinguished themselves under my own eyes, and who have a claim for reward. The loss we have sustained in the expedition of the Asturias is unimportant. We have liberated a great part of the battalion of the 6th light taken at Villa Franca, and several hundred soldiers of the 2d and 6th corps. Signed, The Marshal Duke of Elchingen, Ney. Extract of a letter from General Bonet, to Marshal Duke of Treviso [Mortier] dated Saint Andero, June 12. General Kellermann will have given you an account of my march for the purpose of reaching the corps of Ballesteros. Having set out on the 8th of June from Cargas-d'Ovis, I arrived on the 11th opposite to Torrelavega, where Ballesteros and Marqués had formed a junction. The enemy having, in the morning, made a movement towards St. Andero, I gave orders to follow him; and notwithstanding the fatigue of the troops, who were without any bread, I marched rapidly in the direction of Saint Andero. All the advanced posts were overthrown with the bayonet; at midnight two battalions of the 12th light infantry entered the city, where the enemy had the Princess and Hibernia's regiments, and other troops—After two hours' laughter, I took position, the forces I had to fight being superior in number. At day-break, my dispositions being made, an enemy's column 3000 strong was attacked and laid down their arms. General Ballesteros having made his escape with several chiefs, I sent out patrols to make a sweep in the country. Marqués, who had concealed himself until 4 o'clock, and endeavored to effect his escape; but having been pursued, his corps was dispersed, killed, and a great part of it drowned. This day costs 5000 men to the enemy. The regiments of Hibernia and the Princess are destroyed. We have 3000 prisoners, among whom are 150 officers; besides 600 Frenchmen have been liberated at St. Andero, independently of the garrison, and 500 sick, who happened to be in the place. I have given orders to follow the enemy in the direction of Santona. Signed, The General of Division Bonet.
derstanding with their injustice: and at their recollection wring the hearts. POSTSCRIPT. To the Boston Centinel of Saturday The ship Golden Age, Captain Remick, arrived last evening from Cadiz; which she left the first of July. Mr. Peake, a passenger, politely favored us with a file of the Spanish government Gazette, to the 26th of June; and the following verbal articles. That the French were concentrating their force in the vicinity of Madrid. That the army of General Blake had advanced from Tarancón, defeated the French, entered Aranjuez, but in an attempt to recover Serradossa was attacked by the French, beaten, and compelled to retire. That Marshal Victor had evacuated Estremadura. He was followed by Cuesta, who had 70,000 men under him; and the English army under Gen. Wellesley was at Badajoz. That the Spanish army at La Mancha had advanced to within ten leagues of Madrid. That the enthusiasm of the Spanish patriots had regained its prime height; that no despondency existed of the success of their cause; that the decrees of the Supreme Junta were universally respected and obeyed; that the great body of the people appeared resolved to die rather than submit to French domination; and that the English and Americans were highly respected. That discipline and subordination were making soldiers of the Spaniards; and there were several thousand young volunteers from the Canaries, who were in daily drill in Cadiz, for the field. The English have a small squadron in Cadiz; and the French prizes were equipped for sea. FROM THE LONDON GAZETTE. Admiralty Office, June 23, 1809. Copy of a letter from the hon. captain Irby, of his majesty's ship Amelia, addressed to admiral lord Gambier, transmitted by his lordship to the hon. W. W. Pole. His Majesty's ship Amelia, off St. Andero, June 10, 1809. My Lord, Acting in obedience to your lordship's order of the 15th ult. I received information of an attack being about to be made by the Spanish patriots on the French troops in possession of the town of St. Andero, and having established signals between his majesty's ship under my command and the fortress of Golezand, I proceeded off this place in company with his majesty's ship Statura, she having joined me on the 8th instant. but a strong wind and current prevented our getting up till this day, when on our approach, firing was observed in every direction on the shore, and several vessels trying to effect their escape out of the harbor, which were captured, as per margin; one boat only getting away; more must have escaped, but were prevented through the activity of capt. Boys, in his majesty's ship Statura. They appeared fine vessels, and several of the French army on board, with a chief part of the hospital staff. The corvette is the same lately so gallantly engaged by captain Skinner, with his majesty's sloop Goldfinch, and since by the Bla. & Joke lugger, and has proved a great annoyance to our trade. I learn by a Spanish officer, who came to me from the shore (aid de camp to General Ballesteros) and by our boats which I sent on shore, that the French troops have all surrendered, and that the town is in the possession of the Spanish patriots, under the command of general Ballesteros. In consequence of the number of prisoners, I have sent the Statura into port with the prizes, and shall remain myself off this coast, in hopes of being able to render further assistance to the Spanish cause. I have the honor to be, &c. FRED PAUL IBBY To the right hon. lord Gambier, &c. * French corvette La Mouche, capt. Allegre, 16 brass eight pounders, and 130 men; French brig La Bejoune, captain Breton, 8 eight pounders, 57 men; sch'r La Mouche, captain Cornet, 4 four pound gun, 25 men, lugger La Logere, capt. Sequerre, not seaworthy, cargo removed to La Bejoune; lugger Notre Dame, capt. Bergo Chiri, 5 men.
Domestic. WASHINGTON CITY, August 16. FROM THE NATIONAL INTELLIGENCER. Mr. Secretary Smith received on the 14th inst. from Mr. Erskine a long and very satisfactory letter in answer to one of the 9th inst. in which Mr. Smith had respectfully requested a candid explanation, as to the conversations, which Mr. Canning's despatch of the 23d of January had imputed to Mr. Madison, Mr. Gallatin and himself. Mr. Erskine has, moreover, in this letter, stated the reasons, which, in the exercise of the discretion given him, had induced him not to lay his instructions before the government of the U. States. These papers will, no doubt, be communicated in due time to Congress. There is the strongest reason to believe that the note of Mr. Canning of the 24th of May was not framed as a guide to Mr. Erskine, or with a view to its being communicated to our government, so much as with a view to publication at a proper season to produce an unjust impression of the sentiments of our government and the disposition of his own. Had certain events occurred this celebrated note would never have seen the light. Not having occurred, it is ushered to the public as proof positive of the firm and unswerving conduct of the British ministry and of the pusillanimity of our government! Whatever the catastrophe may be, it is calculated that the plot will answer for a short period. It will in England completely gull the public credulity, and even in this country, to our reproach it must be acknowledged, it will operate to a certain extent as a firebrand of discord. Until the full correspondence is unveiled we must consider the fact of Mr. Erskine's not having communicated this dispatch, or having acted under it, as evidence of the existence of other instructions of a different complexion. But, in the mean time, while the public curiosity and interest are most alive, this is the only paper published. In England it will have the temporary effect of giving popularity to the ministry, by the appearance of firmness on their part, connected with the great gains of her merchants and manufacturers. Although this last result be strictly the result of the arrangements made by Mr. Erskine, which his government disavows, it has, nevertheless, taken special care to reap the full harvest; and Mr. Canning has proba-
his constituents will be in proportion to the success of his measures, without a nice discrimination with regard to its causes. If the depredations committed on our trade (for they do not merit a milder epithet) under the terms of the disavowal, enrich the English merchant and manufacturer, enable them to resume the activity of their occupations, by purchasing the goods of the former and furnishing raw materials to the latter, and furnish the government with naval supplies so essential to its vigorous career, if they supply the fund for new taxes or loans to aid the operations of Spain and Austria, Mr. Canning doubtless concludes that this breach of good faith towards a rival and a repudic will, amidst the blaze of triumph and the intoxication of prosperity, be viewed as a mere peccatillo, if not as an accomplished stratagem. If pressed hard he will conjure up the plea of necessity, & shew that the very existence of his country depended upon the measures resorted to, and he will demand to know of what value the feelings or character of an individual are, compared with the salvation of a nation. If on the contrary, all his gay hopes of triumph and victory fade away, & he and his co-adjutors are driven from the royal cabinet by the clamors of a distracted people, this feature in their conduct, it will be presumed, will challenge out little regard amidst the other numerous invasions of principle and justice. The nation too will be likely to be satisfied with their fill, and in the hope of better times, look forward instead of backward. The whole conduct of the present English ministry shews that they hazard every thing on a successful issue, realising that it is neck or nothing with them. There was imported into the single port of Liverpool, from the period of the raising the embargo, to the 16th of June, from the United States. 20,746 bales of cotton, 4,565 barrels of ashes, 47,000 do. flour, 4,305 tiers rice, 6,209 barrels turpentine, 6,746 do. tar, 621,000 staves, 49,074 bushels of wheat, 1,755 hogsheads of tobacco, 3,652 bags of corn, 1,233 casks flaxseed, 91 hogsheads bees wax, 9,456 tons of timber. Indigo, quercuron bark, dye woods, &c. &c. Prices nominal—no sales making, and large supplies arriving hourly—(Varelio the rent advanced, interest running on for advances of freights duties, &c.) Aurora. Virginia Argus. RICHMOND. TUESDAY, AUGUST 22, 1809. Extract of a letter from Washington to the Editor of the Argus, dated August 15th, 1809. "The President, as you know, is gone home. The Secretary of the Navy has proceeded to the South, and the Secretary of War to the East. The Secretary of State will go to Baltimore to-day or to-morrow; and Mr. Gallatin will not remain behind: So that the coast is clear for Jackson, and he will have the city at large to amuse himself in on his arrival—That is if he comes at all." Extract from Washington to the Editor of the Argus, dated Aug. 19th 1809. "There is nothing new here. Mr. Sumpter, the American Portuguese ambassador is in town, preparing for his embassy. A ship will shortly depart thence for Algiers, with the usual subsidies for the Dey. All the heads of Departments are absent." Extract of a letter from New York to the Editor of the Argus, dated August 14th, 1809. "The Wasp has arrived here. She is ordered to France, whither she will proceed without delay, with letters for Gen. Armstrong, of which letters the commander of the Wasp is the bearer." FOR THE ARGUS. Reflections on the disavowal of the stipulations entered into by the British Minister; and of their permanent obligation on the British government. NO II. Were truth the sole object of every political discussion, the philanthropist might engage with pleasure in the enquiry; but when he knows, that arguments are sought after merely to defend a cause in which party-interests or passions are concerned; he has to deplore the fatal effects of that abuse of reason, which, instead of enlightening, serves only to confound the first conceptions of the understanding. These reflections force themselves upon the mind, in contemplating the conduct of a certain party in this country. These men more attached to the interests of G. Britain, than to the rights of their own country, in defiance of the light of demonstration and the clearest evidence of moral sense, continue to advocate all the enormities of that government. The atrocities committed for a series of years upon the persons and properties of our citizens; the doctrine of impressment, and of paper blockades; with the restrictions on neutral trade have in these found warm advocates. By arguments either derived from the fell principle of expediency, or from similar doctrines of political sophistry; they continue to defend outrages, that strike the plainest un-

of the sufferers with instinctive horror. To such lengths have some of those unblushing panders to British tyranny proceeded, as to have the hardihood to come forward and advocate the conduct of Humphreys, and find arguments to justify those murders which the British government itself had not the profanity to avow. * So true is it that there is a last stage of human guilt, when conscience no longer feels remorse, when shame (that great sentinel of moral virtue) is put to flight, and depravity becomes unblushing.
A writer in the Boston Repertory quotes Grotius, Puffendorf, Vattel and Martens, (and I mean to show that he does so without understanding them) to prove the right of Great Britain to secede from the stipulations entered into with our government. An appearance of erudition may pass with many for argument, but men of sense will require something more than bare assertion, in cases where important interests are concerned.
And here I cannot help observing on the inutility of all arguments derived from writers on the laws of nations in great questions of national controversy. The world is no longer ruled by priests and casuists. On what-sover side a superiority of force exists, to that side argument must and will forever yield. A man might as well admonish a victorious army in the moment of assault, or on entering a breach, when they are already maddened by resistance and the hopes of plunder, of the moral obligations enjoined by the articles of the decalogue; not to rob or offer violence to the wives and daughters of the vanquished; as talk of the obligations of the laws of nations to the minions of a modern cabinet. In either case did he escape the penalty of his imprudence with life, he might be well contented to be made the butt of their ridicule for his folly. When writers, therefore, are recurring to the obsolete rules of morality in political questions: they forget that modern nations have promulgated other codes of laws; not from the writings of moral philosophers, but from the mouths of their cannons.
We do not by this meant to deny the relative obligations of right and wrong: we know that these are eternal and unchangeable in their nature; but we assert that these are not objects of reflection to modern statesmen. Their sole consideration is what is favorable to the gratification of interest or ambition; but about the justice or injustice of the means by which these are attained they care nothing. With these, therefore, it is folly to talk of the obligations of morality: with such superiority of force is the strongest evidence of the justice of any undertaking. When, therefore, we enter on the examination of the present question, we do not so much as hope that any argument we can offer, will have any effect on the conduct of the adherents of G. Britain in this country. It is a truth well known, that when the gratification of interest or passion is concerned, that men do not seldom act in contradiction to the suggestions of conscience: and in circumstances like the present, we do not expect that they will act very differently.
What, therefore, is the practical utility of this discussion?
The ignorant or unwary are the materials upon which cunning politicians do ever operate. With such, either from ignorance or incapacity, assertion is often mistaken for proof, and impudence for integrity. The man therefore, who bares their arguments of the sophistries in which they are enveloped and exposes the fallacy of the principles which they cover, does a service to such as are willing to embrace truth when she is presented to them naked. But upon the conduct of those political empirics whose existence depends upon the sale of their puffs and nostrums; refutation can have no avail. Voltaire asked by one of his slaves, why he still continued to publish arguments that had been so often refuted, fool! (says he) many read my writings that do not read their refutations.
The law of nature is nothing else but the principles of right reason applied to the cases of individuals: and the laws of nations are the laws of nature applied to the relative cases of nations.
Under the law of nature the principal agent is binding upon the principal: for the other contracting party it is merely necessary to aver the powers by which he covenants: any thing done within the express or implied meaning of those powers is binding on the party by whom he was appointed. It is not enough to reply that he may deceive his principal. It is his business to be careful to whom he deputed his authority: besides he is answerable
* Vid. Lycurgus' Essays in Baltimore papers.
to his principal for its abuse: and to sanction the doctrine that the acts of an accredited minister may be disavowed would be to sacrifice the rights of the other party. The notion of a special agent, therefore, includes in it the right of stipulating every thing comprehended in those powers which he has exhibited to the other party for their averment. Any thing that is done within those powers by way of stipulation, he is obliged to fulfil tho' he may have given his agent instructions to the contrary.
The principles here laid down carry with them the additional sanction of the municipal laws of most countries. An agent, attorney, or guardian has authority to make all contracts and stipulations falling under his powers as agent, attorney or guardian. If he abuses his trust in acting contrary to his instructions he is answerable to the party by which he has been appointed, who may punish him; but still his acts are binding on his principal if they do not violate his instrumentum procuratorii, & unless there be evidence of some fraudulent connivance having subsisted between him and the other party.
Let us apply those principles to the laws of nations. An ambassador is the agent of that portion of the sovereign authority in a state, that possesses the treaty-making power. For the sovereign power of another state is sufficient that he shall have exhibited his credentials or letters of credence, which are evidence of his appointment: and his full powers which specify the degree of authority with which he is vested. Every thing therefore, that is stipulated with him in his capacity of Ambassador, and not exceeding the powers of attorney which he has exhibited to the other contracting party, bind his sovereign. And any that he stipulates that is not either expressly included within those powers, or that cannot be inferred from them by obvious deduction of argument, he promises at his personal risk and is subject to the rejection or sanction of his own sovereign. But stipulations of the latter kind are merely of a provisional and personal nature: the other contracting party in the case of their rejection, has no claim upon the faith of his nation; it is only upon the personal assurance of the Ambassador. By a decree of the Racial college at Rome, to whom it belonged to decide on the laws of nations the minister who had entered into a provisional agreement of this nature, upon the refusal of its ratification was to be delivered up to the other contracting party with his hands bound and his body naked. In their municipal regulations, the case was not different, by the civil law an action lay against whomsoever contracted without authority: but if he was an authorized agent, the principal was obligated without his privity to the transaction. †
Thus far we have applied to the present question, only the suggestions of common sense, but as the point is disputed upon the authorities of civilians and writers on the public law of nations; this view of the subject also merits our consideration.
We will begin first with Grotius in his book of the rights of war, & peace, B. II. cap. XI. n. 12. who treats expressly of the question now before us. Whilst we translate the quotation we subjoin the original for the inspection of such as may entertain doubts of its fidelity. "We are bound by a person, if there be evidence of the intention by which we appointed him: such as a general or special instrument for that purpose. And in a general sense it may happen that an agent may bind us by acting contrary to our intention, which we have made known to himself solely. Because acts of our intention may be adduced; one by which we oblige ourselves to ratify whatsoever he shall do in such a business; another by which we oblige him to us, not to do any thing except according to the directions which we have made known to him and to no other. These principles we are to apply to those cases in which ambassadors make stipulations by virtue of their full powers, though in violation of their secret instructions."
¶ Here we must repeat an observation
† Vid. inst. lib. III. tit. XXVIII. de Neg. Gest. Sed per alterum hominem obligamus si constet de voluntate nostra, qua illum elegerimus, ut instrumentum nostrum ad hoc speciatim, aut sub generali notionem. Et in generali propositione accidere potest ut nos obliget qui propositus est agendo contra voluntatem nostram sibi soli sig. notificatam: quia hic distincti sunt actus volendi. Unus quoniam obligamus ratum habituros quidquid ille in tali negotiorum genere fecerit; alter quo illum nobis obligamus, ut non agat nisi ex proscripto sibi non aliter cognito. Quod notandum est ad qua qui legati promittunt pro regibus ex qui instrumenti procuratorii excedendo Arcana mandata. Grot. de Jure Bel. ac pac. lib. II. chap. II. n. 12.
"which we have already made, that he who has appointed a minister, is bound by his acts although the minister may have acted contrary to his private instructions." Grot. B. III. ch. 22. N. 4. "Wherefore, since a proxy undertakes another's business, committed to his care, but it depends upon the master's pleasure what and how far to commit; it is plain that the person giving the commission either gives him full powers to do all he shall judge proper, or circumscribes him within certain limits or at least by way of counsel suggest to him what he ought to do. In the second case, therefore, the proxy cannot exceed the bounds of his commission. In the first, he is only obliged to answer for his knavery." Turnbull's Heineccius on the laws of nature and nations, B. I. chap. XIII. sec. 347.
"On the other hand, there is no reason why a pact should be null when a third person induces one to make it without the others knowledge; though in this case, it is indisputable, that the persons by whose fraudulence the pact was made, is obliged to repair the damages of the persons, whom he hath thus injured." Turnbull's Heineccius, B. I. chap. XIV. sec. 394.
"Since one may assist another or promote his advantage by means of a mandate, or by undertaking his business; we may conclude, that it is the same whether one promise or make a pact in person or another do it for him by his order." Ibid. B. I. c. XIV. sec. 403.
"Sovereigns treat with each other by their proxies, who are invested with sufficient power, and who are commonly called plenipotentiaries. We here apply all the rules of the law of nature to things that are done by commission. The rights of the proxy are expressed in the instructions that are given him; but every thing he promises within the terms of his commission and the extent of his powers bind his constituent." Vattel, B. II. ch. XII. sec. 156.
We have, therefore, the authorities of Grotius, Heineccius and Vattel, to prove that the acts of a minister who does not exceed his full powers, though he violate his private instructions are still binding on his sovereign. To reasoning of this kind, supported by its own internal evidence, and confirmed by the most venerable names among writers on the laws of nations; have been opposed silly objections which have either been misconceived or misunderstood.
But before we enter upon the development of the chaos of absurdities, which either the artifice of partisans or the ignorance of pretenders, have occasioned: it will be proper to dissipate a misconception on which this mass of error is partly attributable.
There are certain customs and usages among nations, which are supposed to be equally binding with those laws of nations which are founded in the law of nature. This is entirely a mistake.
Besides those laws of nations which we have already defined, and which are only consequences deduced from the laws of nature: there is another species of those laws, called the conventional laws of nations. These owe their binding force to the received usages of nations: and their authority we have evidence either from their immemorial adoption in the controversies of nations; or an implied acknowledgment in a regular succession of treaties. Of this kind are the treatment of prisoners, honors granted to the different orders of ambassadors, formality of public acts, of credentials, full powers, letters of recommendation, immunities from imposts, auditions, &c. These and such like, superinduce no new principle of obligation, not before subsisting in the laws of nations, flowing from the laws of nature. They are but other modifications of acknowledged rights which owe their force to prescription or received usage.
This will be better understood by a parallel illustration of a similar case in the municipal laws of any country.
In any controversy of personal and conflicting rights, the laws of different countries require different formalities, which to the parties, must have previously conformed to in the order to be able to adduce legal evidence of their respective rights. But such forms introduce no new principle of moral obligation not before subsisting in the laws of nature. If the thing which either party claims be really his right; this right would have been in his person whether there ever did or did not exist such a thing as municipal law. If, therefore, at any time, the municipal laws refuse to do him justice, it is not because they disavow the obligation of pre-existing rights, but it is because he cannot adduce that evidence for his claims which they require. Hence, it is not that a man who borrows money or makes a bargain with another in private, is not bound by moral obligation to pay the debt or refund the money, that courts of municipal law will afford the injured person no redress; but because as there is no evidence of his right, the sentence of the court must be favorable to the defendant on the principles of individual safety.
We will, therefore, be understood when we assert that those conventional laws of nations are nothing else but forms of evidence of pre-existing rights which the customs and usages of nations have so modified. But whether they be restricted or enlarged, they are only obligatory in as much as they are derived from the natural law of nations. We will apply the principles we have thus established to the objections that are raised in the present question.
The obligation of a prince to observe the stipulations entered into with his ambassador, is a truth deducible from the laws of nature and nations: to this there is however one exception made by the conventional laws of nations.
In treaties of peace agreed upon by the ministers of sovereign powers, it is the custom now a days, to reserve to themselves their subsequent ratification. For this reason a clause is usually inserted at the conclusion of each treaty, stating that it shall be only binding on their respective sovereigns.
¶ Illud quoque ex Supra a nobis dictis repetendum est, obligara cum, qui propositus est agendo contra voluntatem nostram sibi soli instrumenti procuratorii excedendo Arcana mandata. Grot. lib. 3, chap. 22. n. 4.
reigns after exchange of ratifications. Before the articles agreed upon by the ministers plenipotentiary, can be considered in no other light than a project of a treaty.
And here I should not take the trouble to reply to the objection deduced from the minister's exceeding his secret instructions; were it not that this, like many other things from current use, has acquired an importance which it no way merits.
Over the secret instructions of an ambassador, the sovereign of another country has not the right so much as to demand the perusal.
When therefore we hear persons calmly talk of the right of the sovereign to disavow stipulations entered into by his minister, because they exceeded his private instructions: it brings to our minds the ancient Jesuitical reservation for the subsequent violation of an oath—that the person should swear with a different intention from what the expressions he used, obviously bore. The only evidence the other party has of the intention of the sovereign, is to be found in the full powers of his ambassador: by his intention expressed in his secret instructions, he cannot therefore be supposed to be any ways influenced, because he cannot even command their production.
Every politician knows, that a sovereign by the conventional laws of nations has a right to refuse the ratification of a treaty; and that if he descend to offer the violation of his ambassador's instructions as a reason for his refusal; it is because he has subjects himself, and there are neutral nations in the world whose good opinion he would not wish to forfeit. The same thing happens, and for the same reasons in the publication of manifestoes on the breaking out of hostilities between two countries. I suppose therefore, that because some of those wiseacres, may find in books on the laws of nations, that the belligerent sovereign is bound to declare the motives and reasons of his taking up arms; that they will suppose this to be a positive obligation which lies under to the other belligerent party. The truth is, a sovereign now a days is not bound by any positive obligation (taking obligation in the sense of a duty to be performed) to show cause for the rejection of a treaty. This is reserved in the powers of his ambassador; and where he has promised nothing, he has nothing to perform.
These flippant gentlemen, who can speak and write upon any, or every subject which they either do, or do not understand, and who boldly assert that there are no examples of the case in question in "the books;" if books mean any thing in the mouths of such persons; besides the quotations of Grotius, which I have above adduced, I will turn over to the 12th are upon the XI. chap. of the 2d book of the same author: he will supply them with parallel instances for their purpose. But such persons know that by the ignorant, assertion is swallowed as proof: and from those, who know any thing about the subject; a scoffer has very little reason to apprehend the honor of a refutation. However sorry I am to find that those bound to advocate the rights of our country, should yield up the present point to the few quotations of a sorry dabbler, in the laws of nations; that at least they did not suspend their assent till something offered like conclusive argument. But to return to the question.
Though as a proxy those acts of an ambassador within his full powers would be binding on his sovereign, yet as princes have no common tribunal to which they can appeal, and in case of the refusal of a prince to be bound by the covenant entered into by his ambassador, the only recourse of the injured party would be to arms: this limitation of the powers of an ambassador was wisely introduced by the conventional laws of nations. (a) For this reason breach of instructions, or bad faith on the part of the ambassador is deemed a sufficient plea for the refusal of ratification. Yet it is well observed by a learned author, that the exception against a treaty either because the agent had no commission, or exceeded his instructions, is for the most part nothing but a cavil: for the principal is to be justly deemed to have given all power, without which the object could not have been accomplished. (b)
It is a received principle of law, that exceptions to a general right are to be construed strictly; so in the question now before us we have stated the only exception to the general principle which we have already proved. But, of the principle itself we have numerous applications wherein all are agreed. Thus a governor of a province when attacked has a right to act aggressively, and enter the enemies' country by way of retaliation, though the right of making war, is a right belonging to the sovereign power. In this case the right is implied in the general powers given him for the administration of his province. Thus a commander in chief has the right to receive or grant terms of capitulation either for the preservation of his own army, or of an enemy: to enter into contracts for supplies, to seize such property of the state as is essentially necessary for the subsistence of his army: and yet all these acts are binding on his sovereign. By the conventional laws of nations he is authorised to grant protection to corporate bodies, to guarantee public funds & the established religion of a country: though such corporate bodies or such religious establishment be not tolerated by the laws of his country. Thus the capitulation entered into by General Amherst and the Marquis de Vandreuil guaranteed the Catholic religion and the Catholic hierarchy to Canada: the same was done in Corsica, though at a time that religion was not tolerated in the hereditary dominions of the crown of England. A similar capitulation has been lately made by an officer of the same government at Buenos Ayres; hence we find that stipulations entered into with an accredited agent are binding on the sovereign though the agent even contravene the existing laws of the state; without being subject to an after refusal of ratification.
And this happens for obvious reasons. By the terms or stipulations entered into, the
(a) Martens B. 2. c. 1. § 3. Vattel B. 2. c. 12. § 156. ibid. B. 4. c. 6. § 77. (b.) Heineccius B. 2. c. 9. § 211.
condition of the contracting parties is materially changed: the possession of a town or fortress has improved the situation of the one for aggressive movements: whilst the other party by yielding up his place of defence, and by relaxing his efforts is left wholly without the means of protection. As therefore the re-possession of the strong hold would not again reinstate him in his former condition; & as the plea of want of authority in stipulations of national differences, would introduce promiscuous and indiscriminate butchery in war, by reprisals or retaliation: all nations therefore find it to be their interest to acknowledge their obligation, when entered into by an agent.
The case of previous stipulations during the discussion of a treaty is not at all different; if their acceptance makes such changes in the situation of the parties as cannot be remedied by compensation or the payment of equivalents. Thus if a famished garrison during a pending capitulation, on the faith of previous stipulations were plentifully supplied with food; and yet upon the pretence of non-agreement to some articles, which the agents had left open to amicable discussion, should refuse to adhere to the stipulations entered into; payment for the food received would not be an equivalent for the injury that was done to the other party. The relative weakness of the garrison was one of the advantages of the other army. By the supply of food, this situation is materially changed, and it will now cost them a greater expenditure of blood and treasure to reduce their enemy to equitable terms than if they had remained in their former condition.
Will it be sufficient to say, that the other party was imposed upon from his own credulity? This is the plea of a fool or of a villain. An enemy himself has some rights and in certain circumstances is entitled to credit; of these take away the principle of good faith; and nations will war with each other as with savage beasts to all the extremities of extermination.
Will any partizan of England say that England was not in the situation here described? shut out from three fourths of Europe, and with a prospect of being shut out from the remainder, without a market for her manufactures or bread for her manufacturers; her minister comes here & enters into stipulations that, would we trade with her, relieve her necessities; all our differences would be amicably adjusted; yet these stipulations are disavowed on the part of her sovereign and we are left to lament the effects and pay the penalties of his perfidy. Will it be said that we received the value of the commodities which we sent them? This is not true. Many cargoes of our merchants shipped on the faith of her minister are already captured. But were it otherwise, the alleviation, we have administered to the distress of that country is to us so much positive loss, because we have by these means rendered them both more able and more willing to do us further injury.
E—ya.
COMMUNICATION. MARRIED.—On the 8th inst. in Cumberland County by the Rev. Abner Watkins, DANIEL W. MAYES, Esq. aged 18 years, to the amiable, accomplished, virtuous and much admired Miss. SUSITTA CHRISTOPHER, of Mecklenburg County, aged 45 years; but for the disparity in their ages, nature would seem to have formed this couple for themselves alone. Alike in all things—well may our young hero, exclaim in the language of Wolsey—Farewell, a long Farewell, to all my greatness. Woe be to them whose happiness consists in nuptial strife.
August 12, 1809. Rivanna County, May quarterly session, 1809.
Moncrieffe Hill, Administrator } with the will annexed of Robert Hill, deceased, } Plaintiff. John Forbes & Patrick William, } Defendants.
THE Defendant Williamson not having entered his appearance and given security 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 his country. On the motion of the Plaintiff by his Counsel, it is ordered, that the said defendant Williamson do appear here on or before the first day of August quarterly term next and answer the Plaintiff's bill; and that a copy of this order be forthwith inserted in one of the Richmond Newspapers and continued for two months successively, and another copy posted at the front door of the Court house of this county.
A copy—Teste, JOHN TIMBERLAKE, J. u. d. c.
IN pursuance of a decree of the court of New Kent county, will be sold, at the court house, on the 14th day of Sept. next (it being court day) on a credit of six months, one TRACT OF LAND lying in said county, whereupon the late James Davis, deceased, within one mile of St. Peter's Church, containing by survey one hundred and sixteen acres. Bond with approved security will be required of the purchaser by the
Commissioners. August 12, 1809. 3:wp
LOST or mislaid, a bond given by Mr. William Friend to Elizabeth Carter, for twenty three pounds sixteen shillings and eight pence, dated 13th Nov. 1798, on demand, with a credit indorsed on the back of ten dollars.
The above bond was put into the hands of Capt. Archibald McKee of Manchester for collection, and since his death cannot be found.
All persons are forewarned from taking an assignment of said bond.
DAVID GARY. Chesterfield, August 18, 1809. 1p
THE WORKS OF THE LATE FISHER AMES, Esq. ARE FOR SALE AT THIS OFFICE.

20 Dollars Reward, Is offered for apprehending ANDREW, a negro slave, who, about the beginning of this month RUN AWAY from the subscriber residing in the neighborhood of Amelia Court House. Andrew is about thirty years old, an intelligent, active, small man, a good house and stable servant, drives a carriage well, understands a little of Shoemaking, and readily performs any kind of plantation labor. Some years ago he was in the service of Mr. Turner at the Bell Tavern in Richmond, where he lived he generally acted as house and after work last Christmas, was employed by Mr. Henry L. Dicoe of Manchester in his tobacco summer. He has a wife living at the Manchester road, a free mulatto woman named Suckey Hollinger, by whom I have reason to believe he is secreted. I will pay the above reward to any person who will deliver to me the above mentioned slave, or secure him in jail, so that I get him again. James Henderson. 20th June, 1809.
COMMITTED on the 27th day of August, to a negro man who calls himself MOSES; says he is about twenty two years of age; he is near six feet high, stout build, and says he is the property of Richard Terrell. The owner is requested to come forward, pay all charges and take him away, otherwise he will be dealt with as the law requires. H. GIBSON, Jailor. June 28th, 1809.
COLUMBIAN MILLS —The Subscriber informs his friends, and the public, that he will put on a WHEAT Mill, delivered at the COLUMBIAN MILLS, or he will receive Wheat there to be manufactured on very moderate and advantageous terms to the holders of this article, viz: for every 340 pounds of good Merchantable Wheat, he will engage to deliver one barrel of good Superfine Flour, or he will receive Wheat at 63 and 64 per bushel, of 60 lbs. and deliver Superfine Flour at 63 3/4 cents, with a small proportion of Fine Flour at 55 62 1/2 cents per barrel—to be inspected and delivered in good order at the Mill. The FLOUR made at this Mill has always been held in high repute, and it is the intention of the present Proprietor to sustain that character. The CORN MILL is in complete order—every attention will be paid to customers sending their CORN to be ground on the usual terms. Good fresh MEAL for sale in small or large quantities at very moderate prices for Cash. Apply to Mr. Samuel Leech on the premises, or to JOHN GRANBERY, Residing in Norfolk. CASH given for CORN delivered at the Mill. Richmond 7th Feb. 1809.
A BANK NOTE of one hundred DOLLARS was taken from a black boy who called himself James Smith, & says he found it in the street—Not thinking it proper to let the boy keep it. I detained it for the proper owner, who may have it, on giving satisfactory evidence of his or their right to it and paying the expense of this advertisement. JOHN McDONALD. Richmond, March 10th, 1809.
By virtue of a deed of trust from Andrew Lewis, of the county of Montgomery, WILL BE SOLD by the subscribers, to the highest bidder, at the Eagle Tavern in the city of Richmond, upon the 28th day of September next, following Tracts of Land With their appurtenances, or so much thereof as may be necessary to pay certain debts in the said deed of trust mentioned, that is to say; one tract or lot in the county of Montgomery, containing eight hundred acres, being that tract on which the said Andrew Lewis now lives; one other tract adjoining the last mentioned on the north, containing ten thousand acres; one other tract adjoining the first mentioned, being an inclusive survey, containing seven thousand seven hundred acres; one other tract adjoining the last mentioned at the west end, containing four hundred and fourteen acres; one other tract called the GASSNETT TRACT, containing three hundred and sixty six acres; one other tract called SEVEN ACRES on Bottom Creek, adjoining the first mentioned tract of eight hundred acres, and containing one hundred and fifty acres; one other tract also adjoining the first mentioned tract called PROTHOUS GARDEN, containing one hundred and twenty eight acres; one other tract adjoining the last mentioned, containing one hundred and thirty acres; one other tract adjoining the last mentioned, containing seven hundred acres more or less, containing eighty acres; one other tract adjoining the last mentioned, containing one hundred and fifty acres; one other tract lying on both sides of Little River, containing one hundred and fifty acres, on which is situated HOPEWELL FERRY—one other tract adjoining thereto, containing one hundred and forty acres; one other tract adjoining the same, called the SAW MILL TRACT, containing five hundred and thirty eight acres; and one other tract adjoining the last mentioned tract, containing one hundred acres—which said several tracts of land are situated in the county of Montgomery. The said sale will be made agreeably to the directions in such case, of the act of Assembly, passed the 31st day of January, 1800, entitled "an act concerning executions, and for other purposes." EDWARD JOHNSTON, } Trustees. JOHN PROSSER, } N. B. The above mentioned property is situated on and about what is generally called the BENT MOUNTAIN, and considered a very valuable estate, particularly for grazing. Any one wishing for more particular information, may apply to Charles Johnston, residing in Campbell County, near Lynchburg, or to Robert Pollard, George Pickett, or Gallego, Richard & Co. in the city of Richmond. Richmond, July 11, 1809.
VALUABLE LANDS FOR SALE. The Subscribers wish to dispose of that valuable tract of LAND called FORT LEWIS, lying in the Counties of Botetourt and Montgomery, and containing about 2 600 acres. They also wish to sell 3 180 acres of Land lying in the County of Fluvanna, on the south side of the Rivanna river, extending from Col. Cary's line down the river, to within about a mile of Columbia. This last mentioned Land, being in five distinct tracts, will be sold separately or together, as may best suit any person desirous of purchasing. One-fourth of the amount being paid in hand, any reasonable credit will be given for the balance. GIBSON & JEFFERSON. Richmond, July 28.
VALUABLE LAND FOR SALE —I shall expose to public Sale, on the 2d Monday in August next, on the premises, a TRACT OF LAND situated in the County of Fluvanna on the three Forks of the Great Byrd Creek, eight miles from Columbia and fifty six miles from Richmond—it contains near 1800 Acres, one third of which is in cultivation, the balance well timbered and generally fit for TOBACCO—the whole is well watered and peculiarly favorable to CLOVER and TIMOTHY—There is upon this estate a decent dwelling House and out Houses and Mill with a pair of BURR and a pair of COLOGNE STONES—Mr. Robt. Mims, who resides upon the LAND will shew it to any person desirous of purchasing—The tract may be conveniently divided into three or four parts to suit the wishes of purchasers, who may be accommodated with Stocks of CATTLE, SHEEP and HOGS and a team of large & well drawing Mules—The terms will be one fourth to be paid when the Title shall be made, the balance to be divided into three, four or five equal annual payments secured upon the Land by deed of Trust. JOHN ADAMS. Richmond, 8th July, 1809.
IN COUNCIL, July 26th, 1809. PROPOSALS will be received by the Executive until the 26th day of August next for renting 1400 White Oak Stakes, 700 Willow Oak Felies, 120 Black Gum Naves, and 60 Hickory Axle-trees, all of seasoned timber and of such dimensions as shall be described by Alexander Quarrier, to the persons disposed to make such proposals. DANL. L. HYLTION, Clerk of the Council.
RICHMOND TURNPIKE COMPANY. At a meeting of the Directors of the Richmond Turnpike Company, on Saturday the 29th of July, 1809. Resolved, That the share holders in the Company pay to the Treasurer five dollars on each share held by them respectively in thirty days from this day, and the further sum of five dollars on each of the said shares in sixty days from this day. Resolved, That the shares of all delinquent share holders in the Company be sold on the first Saturday in September next, being the 2d day of that month, at the Washington Tavern in the City of Richmond, at 12 o'clock of that day. (A Copy) N. SHEPPARD, clk.
FOR RENT , and immediate possession given, A LUMBER HOUSE that will hold from 60 to 100 bds. of tobacco, (either with or without a large loft over it). It will answer well for a Tobacco Manufactory, or a Wheelwright's or Coachmaker's shop, as it has a good inclosed yard attached to it—also a small Brick house with but one room on a floor—also a Store on the Main Street opposite the Bell Tavern, and formerly occupied as a Printing Office and latterly as a Bookbinder's shop. Enquire of the subscriber, living at this Falling Garden. James Lownes. Richmond, 8th month 1st, 1809.
TWENTY DOLLARS REWARD Stolen from me about the 12th of Nov. 1807, a negro man slave, named Cesar, the property of the subscriber—He formerly belonged to Mr. Robert Alexander, of Campbell county, and was bought from him a small boy, in the year 1789. He is now about 5 feet high, one of his big toes is very remarkable, being split with an axe through the nail and nearly as high as the second joint, by which it is much broader and larger than the other. He was accustomed to run James river above the falls. I was informed that he went over the mountains in a barouche owned by one Greely. On delivering him to me or securing him in some jail so that I get him again, shall be paid by me the reward of twenty Dollars. This is to forewarn any person or persons from harboring or concealing him, as they may depend on it that I will prosecute such violators of the law to its full extent. ROBERT MITCHELL. City of Richmond, July 17th, 1809.
FOR SALE , in the town of Cartersville, upon James River, Lots No. 6 and 24, being the same formerly owned by Messrs. Danes—On the first is a good dwelling HOUSE, store and other improvements, and on the last, a good lumber house. A credit of one, two, and three years will be given: Bonds with approved security, to bear interest from the date, if not punctually paid, will be required—For further particulars, apply to Messrs John & E. Cunningham, at Cartersville, who will show the premises, or to JAMES & JOHN DUNLOP. Petersburg, July 28.
A VALUABLE FARM FOR SALE. On the 1st day of August next, at the courthouse, will be offered for sale, to the highest bidder, Three hundred acres of Land, lying within two miles of the courthouse, and about twenty miles from the city of Richmond. The situation is pleasant and healthy, and commands at present, and probably will for many years, continue to command a considerable range for the raising of hogs and cattle. There is upon it, a great number and variety of bearing fruit trees, and a framed dwelling house containing 5 rooms. The terms of sale will be, one fourth part of the purchase money to be paid on the first day of March next; and the residue in three equal annual instalments, to be computed from that day. The payments to be secured by a deed of trust upon the land. GEO. WM. SMITH. Richmond, July 20th, 1809.
As just received and offers for sale—Sisley, Madeira and Sherry Wines, by the hhd. and cask; Green Coffee; Orleans Sugar by the hhd.; German Platillas Similax by the piece or case; half price glass Tumblers, in cases of 1000 each—and New York Soap and Candles. ON HAND—Madeira Wine—Orleans and Muscovado Sugar—Green Coffee—Molasses—Prune Port—Live coal and Stone-Ware—Souachong, Hysan Skin and Gompower Tea—Spanish Segars—Raisins—Almonds—Nutmeg—Window Glass—Men's and Women's Shoes—which he will dispose of by wholesale on reasonable terms. Richmond, 29th July 1809.
REMOVAL. The subscriber has removed near the Bason where he continues to keep a house of Private Entertainment. He has also for sale, a general assortment of GROCERIES. Likewise sells all kinds of country produce on commission. HEZEKIAH PURYEAR. Richmond, May 17th, 1809.
LAND FOR SALE—THE GLEBE LANDS in the occupancy of the Rev. Matthew Maury, dec'd and now occupied by Nathaniel Randall, will be sold, on the premises to the highest bidder, on Friday the fifteenth September next, on a credit of twelve months, the purchasers giving bond with approved security. By order of the Overseers of the Poor. JOHN WINN, Jr. Clk. Abermarle, August 4th, 1809.
One Thousand Pounds WANTED, FOR the interest of which, a plantation of 500 acres of valuable land will be given, until the money is refunded. Nearly 100 acres are rich low grounds, now in cultivation lying on navigable water, the improvements new and very good. In a healthy and desirable country. Enquire of the printer. September 8. 1809.
City Hotel to Let. THAT spacious convenient HOUSE and LOT with out Houses, Stables &c. situated on the street that leads from the main street by the Governor's to the Capitol; which was lately in the occupancy of Mr. Jas. Vaughan, as a Tavern. It will be let for one or more years, and possession given immediately. For terms apply to Benjamin Mosby of Powhatan, or B. Tate of this City, who are authorised by me to let the same. RICHARD CROUCH. Richmond, June 1st, 1809.
FOR SALE, A TRACT OF LAND, formerly the property of Jacob Williamson, dec'd of Amelia county, between 900 and 1000 acres. This land lies about one mile from Appomattox river and six miles above Genito bridge. The soil is well adapted to the culture of tobacco, Indian corn, wheat, and other small grain. One third part of the purchase money will be required in cash, and the balance in two equal annual instalments. If the above land is not sold or otherwise disposed of before the sixteenth day of September next, the same will then be set up to the highest bidder, at the dwelling house, on the said plantation, and in case it should not be sold it will then be rented for one year. GEORGE WILLIAMSON, Ex'r. August 9th, 1809.
IN COUNCIL, January 20, 1809. PROPOSALS will be received by the Executive for manufacturing three hundred and ninety Rifles during the present year, being the number directed by law to be provided annually, including the deficiency of last year. Extract from the minutes. DANL. L. HYLTION, Clerk of the Council.
JENNINGS'S GAP, June 24th, 1809.
Robert M'Dowell, RESPECTFULLY informs the public that he has Removed his family from Staunton to the Red-House in Jennings' Gap, on the main Road to the different mineral Springs in Bath, Monroe & Greenbrier, where he keeps a HOUSE of ENTERTAINMENT, at the Sign of the SPREAD EAGLE, twelve miles from Staunton and 23 miles from Harrisonburg. His house is large and airy, well furnished with good beds, liquors of the best, good stabling to hold upwards of thirty horses, with plenty of hay and grain and pasturage. Also some Mineral Springs very convenient to the house, and as he intends paying particular attention to the house himself; he hopes to give general satisfaction to those who favour him with their custom. 2m.
NOTICE is hereby given, that I shall petition the general assembly of Virginia at their next session, for a divorce from Bernard Florence Hantelman, to whom I was married on the 17th day of November last, for reasons which will be then and there made known. MARY HANTELMAN. July 24th, 1809.
WILL BE SOLD on Monday 11th September next, if fair, otherwise the next fair day, at the late dwelling house of Nathaniel Pope, dec'd. in Hanover county, several likely slaves, consisting of men, women and children, the stock of horses, cattle, sheep and hogs, one coach and single chair, household and kitchen furniture, plantation utensils, the crop of corn, wheat, oats, blades, and top fodder, &c. Twelve months credit will be allowed the purchaser for all sums above ten dollars on their giving bond with approved security, to carry interest from the date, if not punctually paid. PHILIP DUVAL, Administrator. August 1st. 1809.
AT the same time and place, by virtue of a deed of trust executed to the subscriber by Nathaniel Pope, dec'd. bearing date 1st February, 1808, will be sold for ready money, the following slaves, to wit; Milly and her children, York, Betty, Kitty, Daniel and Ben, or so many thereof, as will be sufficient to satisfy the debt in said deed expressed. THOMAS PRICE, Trustee. 1st August, 1809.
MATTRESSES OF ALL SIZES AND KINDS, MADE and repaired, agreeably to order, in the large wooden house opposite the Old City Tavern, two squares below the market bridge, Richmond. J. S. Pleasants. May 31, 1809.
VIRGINIA: At a superior court of chancery held at the capitol in Richmond, June 15th, 1809, Charles Yancey, plaintiff, AGAINST William Lipscomb, David Bullock, executor of John Bullock, Nelson Crawford, John Crawford and Charles Crawford, executors of David Crawford, and Robert Kimbrough, defendants. THIS cause was this day heard on the bill, answers, exhibits, examination of witnesses, and reports of the commissioner, pursuant to the order of the eighth day of June, one thousand eight hundred and five, with exceptions thereunto, and was argued by counsel; on consideration whereof, the court doth recommend the said reports with the exceptions, to the commissioner who made them for him to reconsider and report thereupon. A Copy—Teste, PETER TINSLEY, c. c. COMMISSIONER'S OFFICE, Richmond, July 7th, 1809.
The parties concerned will be pleased to take notice that I have appointed Monday the eighteenth day of September next for carrying into effect the within decree, upon which day their attendance is required at my office with their accounts ready for final settlement. WM. HAY, M. C. 2m.
York County Court, June quarterly session, 1809. Sarah Cary, Plff. against Thomas Reeves, and Thomas Griffin, Executors, &c. of Wm. Cary dec. defts. In Chancery.
THE defendant Thomas Reeves not having entered his appearance and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court, that the said deft. is not an inhabitant of this country, on the motion of the Plff. by her counsel, it is ordered, that the said defendant do appear here on the third Monday in September next and answer the bill of the Plff. and that a copy of this order be forthwith inserted in the Virginia Argus printed in the City of Richmond for two months successively and posted at the front door of the courthouse of this county. And it is further ordered, that the other defendant Thomas Griffin, Executor of William Cary, deceased, be restrained from paying away or disposing of any debts or effects due to, or in his hands as executor aforesaid belonging to the said Thomas Reeves until the further order of this court. (Copy) Attest, SAMUEL SHIELD, Jun. c. v. c.
VIRGINIA: At a superior court of Chancery held at the Capitol in the City of Richmond, the 21st June, 1809. John Willis, executor of Francis Willis, Plff. against Philip C. Pendleton, and David Hunter, executors of Philip Pendleton, deceased, Hannah Dew, widow, and who was named executrix of the said William Drew, and Dolphin Drew, William Drew, Whiting Drew and Washington Drew, heirs of Benjamin Drew, deceased, who was heir at law and devisee of the said William Drew deceased. Defts.
THE subpoena scire facias, awarded in this cause not being returned executed on the defendants Whiting Drew and Washington Drew & it appearing to the satisfaction of the court that they are not inhabitants of this country on motion of the plaintiff by counsel, it is ordered, that the said defendants do appear here on the first day of the next term and show cause, if any they can, against the revival thereby sought—and that a copy of this order be forthwith inserted in some newspaper 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,) P. Tinsley, c. c.
BUCKINGHAM COUNTY, June Court, 1809. Charles Garrott, Plaintiff, } In vs. } Chancery. Samuel Allen, James T. Hubbard, and William Daniel, Jr. Defendants. ON the motion of the plaintiff by counsel, and it appearing to the satisfaction of the court that the defendant Samuel Allen, is not an inhabitant of this state, it is ORDERED AND DECREED, that unless the said Samuel Allen shall appear here at October court next and answer the plaintiff's bill, 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.
BUCKINGHAM COUNTY, June Court, 1809. Edmund Glover, Plaintiff, } In vs. } Chancery. Samuel Allen, James T. Hubbard, and William Daniel, Jr. Defendants. ON the motion of the plaintiff by counsel, and it appearing to the satisfaction of the court that the defendant Samuel Allen is not an inhabitant of this state, it is ORDERED AND DECREED, that unless the said Samuel Allen shall appear here at October court next and answer the plaintiff's bill, 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.
For Sale at this office, HENING'S New Virginia Justice, CONTAINING The Duties of a Justice of Peace, &c. together with a variety of useful precedents adapted to the laws now in force. Also forms of conveyancing, such as deeds of bargain and sale, lease and re-lease, mortgage, trust, &c.
VIRGINIA: At a superior court of chancery held at the capitol in the city of Richmond, the first day of June, 1809. Horatio Winn, plaintiff, AGAINST Frances Pettypool, executor of William Pettypool, deceased, and Miles Jordan, defendants. THE defendant Frances Pettypool not having entered her appearance and given security according to the act of assembly, and the rules of this court, and it appearing to the satisfaction of the court that she is not an inhabitant of this country, on motion of the plaintiff by counsel, it is ordered, That the said defendant do appear here on the first day of the next term, and answer the bill of the plaintiff; and that a copy of this order be forthwith inserted in some newspaper 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, PETER TINSLEY, c. c.
VIRGINIA: At a Superior Court of Chancery held at the Capitol in Richmond, June 1st, 1809. Archibald Pleasants and Jane his wife, John S. Moore and Anna his wife, John Cheattle and Elizabeth his wife, Isham Bailey and Susanna his wife, John Woodson the younger, Thomas Bailey and Martha his wife, William Bailey and Judith his wife, and Philip Woodson and Sarah his wife Plaintiffs, AGAINST Josiah Woodson, acting executor of John Woodson, deceased, Defendant. ON motion of the plaintiffs by counsel, and for reasons appearing to the court, the order made in this cause the seventh day of February last, dismissing this suit with costs, is set aside, on the plaintiffs paying to the defendant the costs by him expended in defending the suit to the date of the said order; and on the further motion of the plaintiffs, by counsel, master commissioner Ladd is directed to perform the order made in this cause the seventeenth day of September, one thousand eight hundred and three; but the plaintiffs are not to have the benefit of this order unless they shall comply with the conditions upon which it is made on or before the first day of the next term. A Copy—Teste, PETER TINSLEY, c. c.
RAGS. THE SUBSCRIBER WILL PAY THE HIGHEST PRICE FOR LINNEN or COTTON RAGS; (For the VIRGINIA MANUFACTORY,) AND will contract with country Storekeepers for all they may be able to collect, which will be paid for in cash, on delivery at my store, near the Courthouse; where may be had a general assortment of GROCERIES, BOOTS, SHOES, & TENT NAILS. WILLIAM FARR. Richmond, 22d Jan. 1809. w12m
NOTICE. ALL persons indebted to the firm of GILL, AT & KIRBY, by bond or open account, are requested to come forward and discharge their respective balances, on or before the first day of September next, as suits will be instituted against all those who are delinquent at that time. Those who have any claims against the said firm, are requested to make them known to the subscriber. THOMAS GILLIAT, Acting Partner of GILLIAT & KIRBY. In my absence, FRANCIS R. STOBIA is fully empowered to receive and discharge all debts due to and from G. & KIRBY. June 27th, 1809 THOMAS GILLIAT. GEORGE WATT, w12m.
NEW BOOKS, Just received and for sale by Lewis Adams, At his store between the Eagle and Globe Taverns. VOL. 2. HENING & MUNFORD'S REPORTS royal 8vo handsome cf. binding, $6. 50—vol 4 Cranch's reports 5 00—vol. 9. East's reports Lond. 7. 50. Chitty on Pleading 2 No. & 8 vo. Lond. a new work, also a few more copies of THADDEUS of WARSAW, a highly interesting novel.—LEWIS ADAMS has on hand a very extensive assortment of LAW from London, New York, and Philadelphia, of the best editions, Richmond, July 1 1809. (w. 8. t.)
THE Subscriber will sell the HOUSE & LOT, at present occupied by himself—and also, an unfinished HOUSE with a half acre LOT of LAND attached to it, near his residence. If not previously disposed of by private contract, this property will be sold at public auction, upon the premises, on the fourteenth day of September ensuing. The improvements on the lot occupied by the subscriber are plain, neat, comfortable and in good repair. If required, some time will be given for a part of the purchase money. The situation of this property is eligible, both as it regards health and good neighborhood. SAMUEL GREENHOW. Richmond August 16th, 1809.
TO BRICK MAKERS. The subscriber has for sale, at his plantation, about half a mile from Kinricker's, a large quantity of excellent BRICK WOOD, a part of which was cut down last fall a part this summer, & a great deal now standing (in the tree); he would either dispose of it standing, by the cord, or cut down. JOSEPH H. MAYO. August 15th, 1809.
Pamphlets, CARDS, H. AND D. BILLS, LAWYRES, CLERKS & SHERIFFS BLANKS, &c ARE NEATLY AND EXPEDITIOUSLY PRINTED AT THE ARGUS OFFICE.