The enquirer (Richmond, Va.), 1809-06-06 00:00:00

The Enquirer.
VOL. 6.]
RICHMOND, TUESDAY, JUNE 6, 1809.
[No. 8.
PUBLISHED BY THOMAS RITCHIE, OPPOSITE THE GLOBE TAVERN, AT FIVE DOLLARS PER ANNUM, PAYABLE IN ADVANCE.
RICHMOND PRICES CURRENT.
   D. C.     TOBACCO, from 4 7   FLOUR—SUPERFINE, . . . . . 5 90   DO. FINE, . . . . . 5 00   CORN, PER BARREL, . . . . . 2 50   WHEAT, . . . . . 1 00   BEAN, PER LB. . . . . 0 10   WHISKEY, PER GALLON, . . . . . 0 44   BAR IRON, PER TON, . . . . . 120 00   HEMP, PER TON, . . . . . 280 00   PER LB. . . . . 23   WOOL, PER LB. . . . . 45  
TEN DOLLARS REWARD, will be given for apprehending and delivering to me, at Capt. Parke Street's, near New-Castle, in the lower end of this county, or securing in jail so that I get her; a young Negro Woman ANN or ANNABELL .
She runs away from col. Parke Goddard's, on the night of the 27th instant. She is about 20 years old, rather above the middle stature, a mulatto rather bright than otherwise, her hair not as long as is usual for persons as bright as she is, is very well made and neat in her dress. Her tongue appears rather large for her mouth, which causes her speech to be somewhat of a lisp: She has with her a variety of good clothes: and having been, from her childhood, in col. Goodall's Tavern, has, of course, an extensive acquaintance, and being a woman of extraordinary good sense and great ingenuity, will no doubt attempt to pass as a free woman.
ANTHONY STREET.
Hanover County, June 2. 4w
FOR SALE SALE—One thousand acres LAND lying in the lower end of Buckingham county, on both sides of Buffalo creek, and on the road leading from Ca-Ira to New-Canton, within half a mile of navigation, on Willie's river, and about two from Ca-Ira. This tract is esteemed remarkably fertile, and has a plantation cleared on it sufficient to work ten or twelve hands to advantage, and a good proportion of rich tobacco Land to clear. The improvements are only sufficient for the accommodation of an overseer and negroes, with a barn, and apple orchard. This estate, from its great fertility, vicinity to market, and situation in a polite and agreeable neighborhood, is well worthy the attention of any gentleman who may wish to remove from the lower country to a more healthy situation.
For terms apply to Mr. Linzas Bolling, of the aforesaid county, who is fully authorised, by the subscriber, to treat with any person wishing to purchase.
SUSANNA WILCOX.
Chellow, May 9. 4w
A REWARD of twenty dollars will be given for the delivery to us, of a TRUNK , which was put in charge of a negro waterman, on the 11th ult. to be carried to Milton. It was a hair trunk of about 7 or 8 feet cubic contents, labelled on a card on the top T. 1. No. 28, and contained principally writing paper of various qualities, but also some other articles of stationery, a pocket telescope with a brass case, a Dynamometer in steel and brass, or instrument for measuring the exertions of draught animals, a collection of vocabularies of the Indian languages, & some other articles not particularly noted in the memorandum taken.
GIBSON & JEFFERSON.
May 30. 4f
H ANDSOME BUILDING LOTS.—The Subscriber will offer at Public Sale, to the highest bidder, On Thursday, the 8th June next, (if fair, if not, the next fair day,) on the premises, about forty
LOTS OF LAND,
Lately laid off on that beautiful and elevated plain between Centre Hill, and the Poplar Spring Race Ground. Some are half acres, and others are larger lots. In point of situation, they cannot be surpassed in some of the finest and most wholesome water in the world, being contiguous to Poplar Spring on the south, and only a short distance from the Public Spring on the north.
The streets & alleys are spacious, numerous & judiciously arranged for the promotion of health and convenience, as will be seen on reference to a plot of the said Lots, now at Messrs. Wm. and Henry Haxall's Vendue Office, Bollingbrook Street.
TERMS, VIZ:
Fee simple title, and no ground rent, payable in three equal and annual instalments, the first to be made on the first of July, 1810.
Security to be required, the purchasers at their option, will either give bond with approved security, or a lien on the Land, until full payment is made.
ROBERT BOLLING.
Petersburg, May 26. 4f
N. B. All those who are desirous to avoid the expense, fatigue, and trouble of journeying to distant springs in search of health, are advised to provide themselves with a place of residence on this salubrious place.
To those who live in the lower part of the country, a removal in the summer time, to this spot, (particularly with children,) may render a longer journey quite unnecessary. R. B. 4f
A TUTOR WANTED.—The Trustees of the town of York, are anxious to employ a gentleman of character, & literary acquirements, to conduct a SCHOOL in the said town. The branches of Science to be taught are, reading, writing, English grammar, arithmetic, geography, use of the globes, the Latin and Greek classics. The situation of York is pleasant and healthy: From twenty to forty pupils can be procured. A comfortable house will be furnished the Tutor free of expense. A person who shall produce testimonials of his sobriety, discretion and acquirements, which shall qualify him for the conduct of the school, will meet with encouragement on application to
CORBIN GRIFFIN, Committee W. GRIFFIN, ROBT. NELSON, Jr. Trustees. 4f
May 2.
TEN DOLLARS REWARD —Runaway. A Negro Woman named JENNY , aged about twenty years, of middle size, stout and well set, very full face, her complexion tolerably dark, and has a very good countenance—she went off on the 1st of May, and had on a Gailon gown with a running vine flower—she is well known in and about Richmond, was formerly the property of Mr. Thomas H. Prosser, near the Brook, and lived for some time with Mr. Fasher, watch-maker, in this place. Whoever will bring her to the subscriber, shall receive the above Reward.
M. MARKS. P. S. His place of residence may be known by applying to Mr. J. Lyon, Merchant, a few doors above the Market Bridge. M. M. 4f
May 30.
NEW ESTABLISHMENT OF THE BELL-TAVERN.
The exclusive management and superintendence of this House, has devolved upon the Subscriber, who, with Dr. Wm. Hoome & Wilson Allen, are alone interested in it. No pains or expense has been spared to render this establishment one among the first upon the continent—and nothing, on the part of the subscriber, shall be wanting to support its reputation and deserve public patronage. There are 40 rooms in and attached to the Tavern. The largest and most commodious Stable in the City, and every convenience necessary to render the House a good one . It has lately undergone considerable change, and thorough repair. The Subscriber has laid in an assortment of the best Liquors, and hopes, from his experience, to merit and meet with public support.
RICHARD C. WORTHAM.
May 12. 4f
LANDS FOR SALE —The Subscriber being advanced in years and infirm, which prevents him from attempting to dispose of them on the different spots, offers the following Tracts to the inhabitants of Richmond and its vicinity. He will simply observe, that it will be seen by the dates of the surveys, that they are not common speculation Lands: They cost him a large sum; but will be sold, without reserve, either by private sale, or exchange for property in this neighborhood, if any offers are made; else at public auction, on the first Thursday in Oct. next, if it happens to be the race-week, else on the Thursday of said week and month, on a credit of 6 and 12 months.
The subscriber is thus early in publishing his intention, because he wishes to offer an opportunity to those who might become inclined to purchase, either in person, or on their friends and acquaintances visiting the neighboring Springs and counties, to get some knowledge of the situation and value of the same, by which alone, they may be enabled to judge whether or not great bargains may be expected from the purchase of them. G. S. STRAS.
4535 Acres, (more or less by 200 acres) in the county of Greenbrier, on Meadow river, facing the mouth of such, and joining the lands & low grounds of Samuel McClung, William McClung, Samuel Price, and Wm. Renix, on the great road to Kentucky.
1350 acres, in Botetourt county, on Barber's creek, on the main road (made lately) from the Sweet Spring to Fincastle, distant 9 miles from the Spring, and 16 from Fincastle.
1000 acres in aforesaid county, and joining the foregoing tract, and the plantation of Thomas Price, on said creek and road to Fincastle: there is a bold sulphur spring on this tract.
550 acres in said county, joining the plantation of Rofzinger, and extending a small distance over the Blue Ridge in Bedford county.
230 acres in said county of Botetourt, on Loney's mill creek.
1280 acres, formerly in the county of Montgomery, but is (I am informed) by a late division, in Kanawha, on Point creek.
780 acres on Peery river and Walker's creek, in the Cheavant Forest, (in last mentioned county) including the Iron pond and Iron banks.
630 acres in said county, on No-Business Creek, a branch of New river.
2000 acres on the forks of Salt river, state of Kentucky, being part of a tract of 6000 acres, on which General Mathew Walton formerly resided.
150 acres in Kanawha county, part of a tract of 1500 acres, on which col. Wm. Clendenin resided, and which is a part of a large military survey made by George Mase and others, on the Ohio and Kanawha rivers.
224 acres north-west of the Ohio, in what is called the Illinois Grant, bearing the No. 248, (a military right)
1600 acres on Deer creek, Green river, state of Kentucky, bearing No. 617, surveyed in 1785, for Major George Lewis, being in part for his own military services.
2000 acres on said Deer creek, bearing No. 129, surveyed in 1785 for Gustavus B. Wallace, being originally gen. Mercer's and his own military rights. This tract joins the preceding. The two last mentioned tracts, besides being valuable farming Lands, are supposed to contain Salt Springs, lying in the neighborhood of a large Salt lick, and exhibiting every indication of being impregnated with it. 4f
May 30.
NEW GOODS —JOHN KING, has just received an additional supply of Spring and Summer
GOODS.
Selected from the late importations, and which are now opening for sale, at his Cheap Cash Store. 4f
May 19.
REMOVAL —ANDREW STEVENSON, has removed his office, to the Brick Tenement immediately above the Bell Tavern, where the most punctilious attendance will be given to his professional duties. 4f
May 22.
H ORSE FOR SALE, a Lady's elegant RIDING HORSE.—For particulars enquire at this Office. 3f
May 30.
TWENTY DOLLARS REWARD —Runaway from the subscriber two NEGROES , to wit Burrell Gates and Lony; Burrell Gates is about thirty years of age, five feet, eight inches high, rather slender-made, well proportioned except he has a very large foot, he was purchased of Mr. Wilkinson (Chesterfield) & has a wife at Mr. John Spear's in the same county; Lony was purchased of Mr. Richard E. Armstrong, Hanover County, he is about 16 years of age, has a film over one of his eyes, this fellow I suppose is lurking about this City. The above reward will be paid for delivering them to Mr. Chan H. Saunders, Richmond, and ten dollars for either of them, or if secured in any Jail in this Commonwealth so that I get them again. JACOB PACKLER. 4f
May 26.
NEGROES FOR SALE —Pursuant to the power vested in us by a deed of trust executed on the 11th day of Dec. 1807, by Nicholas Syme and John M. Syme, will be sold conformably to the act entitled "An Act concerning executions and for other purposes." On Wednesday, the 5th of July next, if the day admits, otherwise the next that does, at the tavern of Wm. McDougle in the town of New-Castle, in the county of Hanover, the following Slaves, to wit: Jack, Tom, Davy, Arthur, Spencer, Patty and child Rachel, Suky, Levina and Joe, with the increase of the females; or such of the said Slaves as be living, to satisfy and comply with the purposes mentioned in the said deed. THE TRUSTEES. 4f
May 23.
CONGRESS.
FROM THE NATIONAL INTELLIGENCER.
HOUSE OF REPRESENTATIVES.
THURSDAY, May 25.
SKETCH OF DEBATE
ON
LIBELS AT COMMON LAW.
(CONCLUDED.)
Mr. Bacon said, he was, for one, by no means displeased with the introduction of the motion of the gentleman from Virginia. He took occasion to remark, that it was with some pain that I perceived any remaining particles of this out-of-date heresy in any part of our country. He was happy, that there were so few remnants. He had known of no instances, except those mentioned by the gentleman from Connecticut. He could not account for their appearance in that state only; whether it was because this doctrine of common law jurisdiction, in the courts of the United States, was there planted in a more congenial soil he could not say. Certain it was, that it had not pervaded any other state in the Union. I have understood, (said Mr. Bacon,) that it is not through the peculiar instrumentality of the district attorney, that these suits were commenced. As I understand it, the district attorney has no power to entertain suits; that he has no power but to reduce to form, indictments of the grand jury. This is certainly the case in the state in which I am a representative, and I presume in Connecticut also. It is a mere clerical office to reduce to form presentments of the grand jury. With respect to the courts, I understand, that the question was first brought before the district judge of Connecticut. Whosoever was his opinion, he said, he considered the law as settled by his betters, by the judges of the supreme court; and he did not consider it incumbent on him to reverse that opinion until it should be done by a court of equal authority, leaving the question, however, open to appeal by the parties. I will only observe, that I am very happy this motion is brought forward, and hope, that as we succeeded in getting rid of the sedition law, that we shall get rid of all the political heresies of former times, and shall succeed in rooting out this obnoxious weed from the territory of Connecticut.
Mr. Randolph observed, that he had understood, long a go, that prosecutions of this sort had been entertained in the federal courts, under the administration of Mr. Adams; and he had been one of those who had supposed, that when that administration had been turned out of office, and a new one inducted, there would be an end, substantially, of these prosecutions at common law, as much as of the sedition law, although on the vote whether the sedition law should be engrossed for a third reading on its proposed re-enactment, there was only a majority of three or four in the negative. During the prosecution of Mr. Chase, before the Senate, (said Mr. R.) I had a paper put into my hands by a member of that honorable House, stating that a judge of the supreme court of the United States, and one who I believe is considered an ornament to his profession, even with all his political heresies thick upon him, had entertained a prosecution for a libel at common law in the district of Vermont, and stated, that such was the law as settled by the supreme court of the United States. I could not tell for what purpose this paper was put into my hands, unless under the idea, that it would induce me to bring forward a motion for the impeachment of the gentleman in question. It was no business of mine, that this was done by one of the persons sworn to judge the case of impeachment, if instituted—Every man is the keeper of his own conscience. Neither was it my desire to divert the public mind from the steady view of justice, in relation to the gentleman then under prosecution, by bringing any other before the House. Nor did I know, nor do I now know, that it is opinion that the common law is the law of the United States, is an unpardonable offence; because you may have heard gentlemen of the first legal erudition on this floor support the doctrine—I allude particularly to a late member from the state of Delaware (Mr. Bayard). But my object in making this motion was, to go back to the institution of the government itself, and bring into view every case in which prosecutions at common law for libel had been entertained by the courts of the United States, by way of showing the necessity of providing some legal provision on this subject. The gentleman from Massachusetts, with his usual accuracy, has declared, that the district attorney is but the instrument of the grand jury. But, sir, the grand jury is selected by the marshal, and the marshal and the district attorney are appointed—how? Removable—how? I am perfectly convinced, sir, that in all cases of libel, in all cases where too often politics, and not law or justice preside, it is idle to expect impartiality of trial. If the government or judge take part, for or against a prosecution, it is perfectly idle to expect justice. To guard against this evil, I hold, sir, in my hand, a resolution, which, if the House agree to that which is under consideration, I shall lay on the table:
"Resolved, That provision ought to be made by law to secure the right to an impartial jury, in all cases, civil and criminal, maintained in the courts of the U. States."
But before I sit down, I will make one observation on what has fallen from the gentleman from Connecticut. He says, he feels no disposition to censure the district attorney. I am happy to say, that I know not the district attorney, his name or person. I am equally ignorant of the name or person of the district judge; nor do I know that I am acquainted with the circuit judge. On this subject I am happy to be ignorant; because I am sure, that I am in a better state to act impartially, than if I were acquainted with his person or politics—for, whatever may be said of an unbiased mind, human nature will have its way. Whether the attorney-general be blame-worthy or not, will depend much upon the fact whether he held these opinions anterior or posterior to his induction into office. If he was one of the federalists
of the old school, if he was an Essex man, and held, that the common law was supreme, I cannot blame him for executing his duty. But if he was one of those who held up his hands against that doctrine, and protested against the men who supported it, then I say that he is blameable—for I will not acknowledge the right of any man to make a commutation of principles, or that he is bound by the instructions of his superior to do that which he conceives illegal, unconstitutional and unjust. As an honest man, he would give up his office rather than his principle. And I trust, sir, that we live in a state of society, in which a man acting in that manner, will always meet with confidence and support.
Mr. Livermore said, that for his own part, he had no idea that a district attorney was the mere officer of a grand jury or in any way dependant on the grand jury. He was an officer as independent of the grand jury as the grand jury were of him. He is (said Mr. L.) an officer appointed by the United States to prosecute all offences against the United States. If the common law of England be admitted in the courts of the United States, if it be taken as a rule of proceeding, I conceive it should be taken in all its parts. The district attorney may not only prosecute by indictment, but by presentment. Although a prosecution be generally instituted by indictment, it does not follow that it must be so, for it may be by information lodged by the district attorney in which the grand jury has no kind of agency. If the prosecution be by indictment, the authority of the district attorney must come in aid of it, or no prosecution can proceed; it can have no effect till it receive the sanction of the district attorney, who has equal authority to put an end to it at any instant without accounting for it. In short, he has the whole control in suits in behalf of the United States. He is therefore an executive officer, made use of to prosecute on behalf of the United States, or to persecute if he chooses to submit to superior influence. Far be it from me, sir, to say, that this is the case; but I conceive, that there is a possibility of making provision, by law, to prevent persecution in this way. It is high time some law was provided to punish those who make such egregious abuses of power—it is high time there was some law to punish those who prostrate the laws of the United States to such purposes. I shall, therefore, vote for the appointment of this committee; and I hope they will be able to point out some mode to prevent such abuses in future. As to the sedition law, that has passed away—I do not know that it is necessary for "an Essex man" or any other to defend it. It had one excellent feature in it; that one relative to libels. It's no great injury to any man to be prosecuted for a libel, if he be admitted to give the truth in evidence on his defence. When it was the practice, as it was ten or twelve years ago, to tell infamous lies without being subject to prosecution, it was necessary that some remedy should be applied. If the citizen were allowed to give the truth in evidence, he could suffer no injury from an impartial jury of his country.
Mr. Dana said that if it was intended that this resolution should be adopted with the peculiar view of liberating the soil of Connecticut from its crop of political heresy, he should be averse to having this favor forced upon him. I feel no particular obligation (said Mr. D.) to the gentleman from Massachusetts, (Mr. Bacon) or any other who wishes to reform the heresies of the people of Connecticut, with a view that they should be adopted into his political church. As to the prosecutions in that state, however, it might be well to inquire into them, and to put a stop to them; or if we do not put a stop to them, to assure to the people the liberty of giving the truth in evidence. It would be well now, sir; but it would have been better while the prosecutions were pending and before they were all defeated. Three years have elapsed since this subject was mentioned in the house by myself, and a call made for an account of the expenses which had been incurred in certain prosecutions at common law, and they were laid on the table & printed, I think, two sessions before the last. I made a motion at the time in respect to the subject; but, from the pressure of business it was not ultimately acted on; I was not very solicitous to press it; but chose to give public information on this subject, that the experiment might pass before the public, whether, when this information was made public, the government would undertake to arrest the prosecution. I am not certain that it was not known prior to that time. Certain I am that I mentioned it to one of the heads of departments at that session. The prosecutions were not arrested; and really, sir, there must have been something peculiarly bad in that soil which wanted the culture of such a district attorney as was placed at the head of it. As to the district attorney, I acquit him of any peculiar malignity in the business; I had rather supposed that he was impelled by such influence as appointed him; that the persons concerned in appointing him, or others connected with them, were desirous of instituting these prosecutions, and that he had not the firmness to resist them. As to the sedition law, for my constituents I ask but one privilege; that, when they are prosecuted for libels, they may have the liberty to prove the truth of what they publish; & if they do not prove the truth, let them suffer. I ask nothing further for them. I should wrong their opinion of the respect which is due to truth, if I asked for the any greater liberty than that of proving the truth of what they utter. As to their being peculiarly attached to what is called common law, it is not the common law of the British empire, but that portion of unwritten law which they have found at once adapted to convenience, conformable to the principles of moral rectitude, favorable to the support of government and of the principles of civil liberty. So much they chose to adopt—whether it come from beyond the Atlantic, or out of our own soil, they find it at once conducive to their happiness, conducive to moral order, to the good of society, and to the perpetuity of government—this is the common law which chastises guilt and protects innocence; and to this they are attached.
Mr. Bacon asked whether any prosecutions had been commenced in the state of Connecticut in any other manner than by indictment?
Mr. Dana—Certainly not. Mr. Good made some observations upon the duty of an attorney-general. He said that this officer looked to the jury for facts; but if law combined with fact, they were bound to look to him for their guide. In offences against the public peace, they wanted no guide but their own eyes and ears; indictments for such offences flowed from the grand jury alone, from their own conviction; but when otherwise, that officer was immediately referred to. Having had occasion to observe something in relation to the course which had been pursued in cases of criminal prosecutions, Mr. G. said he had thought proper to state this much. He noticed another observation made by a gentleman from Massachusetts (Mr. Bacon) in relation to the prosecutions having been produced from the peculiar soil of Connecticut. In repelling this remark, if indeed there were anything to be repelled in it, it was proper to observe, that when a question of justice, especially of that kind to be obtained by prosecution, was brought before the house, nothing could be more unfortunate than for a moment to connect it with party. Justice, Mr. G. said, had a nobler view; it defied such weapons. He conceived the public justice of the country to have been wounded, and that the wound was aggravated when it was carried on the narrowed theatre of politics. He thought it peculiarly unfortunate, not only as respected the reputation of the administration, but as respected the expense, that of six or eight prosecutions, the whole should have fallen to the ground, without one of them having been put to an issue. After all, if the persons implicated were guilty, a rod had been held over them, which had never fallen; and if innocent, a great expense had been incurred, and it was right at least, that they should have an opportunity, before a jury of their country, to be compensated. It seemed he said, that the persons prosecuted had been defended, & he had no doubt well defended. He believed that justice demanded that their expenses, in consequence of the prosecutions, should be refunded to them.
Mr. Troup said that he was so sensibly alive to whatever might directly or indirectly affect the reputation of the late President of the U. States, that he could not forbear expressing a hope that whatever might be done directly or indirectly affecting his character, might be so done that the truth and all the truth in relation to it might be in possession of the House. If he had understood the gentleman from Connecticut correctly, he had declared himself ignorant, what was the nature of the prosecutions directed to be instituted. He conceived the enquiry to be important, not only as to what was the nature of the prosecutions, but as to the fact, whether the prosecutions were directed to be instituted, and by whom they were so directed. [Mr. Dana observed, in explanation, that it was supposed in the state of Connecticut, that the prosecutions were produced by the influence of the administration of the U. States; that he himself doubted the correctness of that opinion. The fact had been known two sessions ago, for he then mentioned it to an officer of the government, who, when it was mentioned, appeared at that time to have been entirely ignorant of it.]—Mr. Troup said he was happy at the explanation of the gentleman from Connecticut; and he, as he was sure the house did also, felt indebted to him for the liberality which he had displayed. It was important to understand on what ground the prosecutions had been commenced; if upon the common law doctrine of libel, and the prosecutions were criminal, the defendant was precluded from giving the truth in evidence; but if they were actions for libelous or slanderous words, spoken, even by the common law doctrine of England, the defendants were permitted to give the truth of the words so spoken, in evidence. It therefore resulted as material to the enquiry to know not only what was the nature of the prosecutions, but by what authority they had been instituted. On that account he moved to amend the motion so as to enquire not only by what authority the actions had been instituted, but who were the institutors of these actions.
Mr. Randolph said he had no objection to the amendment. His object was to come at the truth, to do justice and to secure the liberty of the citizen; and if that was done, it was perfectly indifferent to him by whom it was done; or who had the credit of it, whose reputation was tarnished, or whose brightened by it. One thing he knew; that he would never attack the reputation of any man by any indirect mode; and he conceived it would become the duty of the committee to sift into the particulars. With respect to actions for slander commenced in the federal courts of the U. S. in which the defendant was permitted to put in the dangerous plea of justification, he never heard of any, nor did he believe there was an instance in which they had been instituted. He spoke in the resolution before the House of prosecutions at common law for libel. On what species of plea could the federal court get jurisdiction of a case of that nature between two parties? As he understood the constitution, Mr. R. said, the circuit court had no such jurisdiction. They might as well attempt to punish murder, because the man killed lived in one state, and the murderer in a different state. Even the gentleman from Delaware (Mr. Bayard) had never pushed his argument to the length that federal courts had cognizance of murder or felony committed within the jurisdiction of the state courts. He therefore had no kind of reference to actions of slander in the resolution, & he assured his friend from Georgia [Mr. Troup] that he should feel a pleasure, not much inferior to his, at seeing the reputation of the party involved, whomsoever that party might be, the late President of the U. States, the district attorney, or the district judge, rescued from any imputation which, what had fallen from the gentleman from Connecticut (Mr. Dana) at the last session, might have a tendency to cast upon it. Mr. R. here more solemnly avowed, that the mention made of this subject by the gentleman from Connecticut at the last session was the first time

that he ever had what he deemed creditable evidence of the fact. He had indeed seen intimations of the kind in the news papers; but on enquiring if they were true, he had been told that they were federal lies—and accordingly he set them down as federal lies—he meant of the editors of federal newspapers; for, indeed, it was known that newspapers were not confined to the truth, and that those people in the U. States who could afford to take but one paper, or whose prejudice was so strong that they would read but one side of the question, stood but little chance of knowing the real state of affairs.
Mr. R. stated the circumstances under which he had moved an enquiry into the conduct of Samuel Chase as being similar to those under which he moved the present enquiry. When the fact had been stated by the gentleman from Connecticut at the last session, he said, he had been astonished that it had created so little sensation in the House or in the nation. If he, a representative of the nation, who had an opportunity of seeing various publications and having access to various information which others had not, was till then ignorant of the fact, was it not possible, nay more than probable that the great mass of the American people were, at that moment he was speaking, in perfect ignorance of the fact? If we are to preserve our republican pure, said Mr. R., we must often recur to fundamental principles, look frequently over our file of precedents, and enquire those which are not salutary and those especially which we find to be unconstitutional; especially we should draw the pen over all made in hard & unconstitutional times. With regard to one observation made by the gentleman from Connecticut, that he wishes his constituents to have no other law of libel or of justice than that which they find under the sedition act, viz. the privilege of giving the truth in evidence, I will remark, that however proper this principle might be in a single integral government, it varies when we apply it to a federal government exercising only certain specified powers, and having an aspect principally to foreign affairs. To what purpose does the constitution declare that Congress shall make no law abridging the freedom of the press, if Congress can make laws such as the sedition law, or if the courts can entertain prosecutions at common law for libels? That there should be a power on this subject somewhere, is one thing; but that the general government should possess that power, which, however inherent in an integral government, is denied to that government by the constitution, is another thing. It was a weapon wielded with great force against us at the time of the discussion on the sedition law, that men who told seditious lies ought to be liable to punishment; and I suppose, sir, the difference was not perceived between the men who wrote libels being liable to punishment, and their being subject to punishment in the federal courts. The question was not whether there should not be a punishment for libels, but whether the government of the United States had or could have, agreeably to the constitution, any law of libel. Mr. Randolph asked of the House, if it was now right to reform the abuses which had taken place, to set about the work. An attempt had been made in the other House, and failed like an attempt, to promote economy and enforce accountability. You know very well (said Mr. R.) that there were many of us, and I was one, who thought that at the commencement of Mr. Jefferson's administration, it would be proper for us to pass a sort of declaratory act on the subject of the sedition law, something analogous to Mr. Fox's celebrated declaratory bill on the subject of libels, which did not so much enact a new law as declare that Lord Mansfield's law was not law—but on this subject, as well as on the reduction of the army below its then standard, as on some others, I had the honor (or dishonor as some might esteem it) to be in the minority. I had thought that we ought to have returned the fines of all those who suffered under the law; that we should have followed the example of that precedent which rescinded all the resolutions in relation to the Middlesex election; that we should have made whole, as far as in our power, the persons who came under the lash of that law. But you know that it was said that we came in as reformers; that we should not do too much; that we should go on by little and little; that we should fire minute guns. I think was the expression, which produced no other effect than I ever found, than the keeping up a spirit of irritation which might have been and ought to have been long ago allayed. I would have acted in that case as I presume the master of a family would act if offended by his children; I would first have punished and then forgot—and it is in this manner alone that a state or family can be kept in due subjection to the father of that state or family, without at the same time having their confidence impaired. But if the father will not punish, but will continue to remember the fault, he alienates the child. If he will continue to twit him in the teeth with his wrong doings, he must count upon losing his confidence. It is better to give him his due, and then forget that he has offended, and reinstate him in his affections. I am sorry to have said so much, sir, but I owed it to myself. Among the different charges which have been made against me, one was that I had no projects, no projects I think was the term. I trust that before the session is ended, I shall satisfy the House that I am at least as full of projects as they could have wished me to be.
Mr. Troup said that the gentleman from Virginia was wholly mistaken in his ideas, for he (Mr. T.) was no less friendly to the motion than the gentleman from Virginia himself; and, as to motives, he had no hesitation in declaring that he believed those of the gentleman to be pure and worthy as those of any man, and that the gentleman was utterly incapable of making a dishonest attack on any man. But I wish the gentleman to understand the distinction which I took (said Mr. Troup) and remark the obvious difference which might result from the mode in which the enquiry was to be conducted. If after a certain mode, it might lead to this result: that the President of the United States had instructed the district attorney to institute criminal prosecutions under the English common law doctrine against a citizen for the purpose of oppression, whilst the defendant was prevented from giving in evidence the truth of his words or writings. In such a case I have no hesitation in saying that I would consider the President giving such an order as not only highly censurable, but as meriting an impeachment as guilty of high crime and misdemeanor. But if a different result should convince me that, so far from being directed by the President of the United States, the prosecutions were made by the mere voluntary motion of the district attorney, the criminality would not
rest with the President of the United States, but with the district attorney, more especially if not only unauthorised but un sanctioned.
Mr. Randolph observed that he had not said that he suspected this or that man. If his own impression was worth anything, he did not believe that any direction on this subject had been given by the late President of the United States. But this was his mere belief; and it was impossible to say where the blame rested.
Mr. Piken said he rose not to enter into the discussion, but to state a fact which had not been mentioned. Reference has been made to the grand jury and the district attorney, (said Mr. P.) and the gentleman from Massachusetts seems to suppose that the district attorney is the mere agent of the grand jury. Whatever is the law on this point is totally immaterial at present; the gentleman however is mistaken as to the origin of these suits. I understand the fact to have been that the district judge, who was appointed under the late administration, was sole acting judge in the court in consequence of the absence of the other judge. In his charge to the grand jury he particularly called their attention to libelous publications against the government of the United States. That charge was printed in one of the newspapers of that state; in that one, I believe, in which the laws of the U. States are printed. In consequence of what was delivered to the grand jury, they took the subject into consideration and made the presentments. I merely state this as the fact.
A motion was now made by Mr. Gholson to insert the word "criminal" before the word "prosecutions" in the resolution, which produced a desultory debate of more than an hour on the powers of the federal and state courts, turning chiefly on the construction of the words of the first part of the second section of the 3d article of the constitution of the U. States. Messrs. J. G. Jackson, Randolph, Gholson, Love and Nelson partook of the debate; in the course of which Mr. Talmadge took occasion to quote the journals to show that several motions on the subject of those prosecutions had been made in this House in January, 1807; and he observed, that after this, how any gentleman in public life could to this day have remained ignorant of the fact, was to him astonishing. He expressed himself highly pleased that this subject was at length taken up, and hoped that no delay would obstruct an enquiry or prevent the passage of a law for the protection of a citizen in future.
Mr. Gholson withdrew his motion to insert the word "criminal"; and the motion was agreed to unanimously by Yeas and Nays, 124 voting in the affirmative.
FRIDAY, May 26.
VOTE OF APPROBATION.
Mr. Randolph said that for the last eight years or thereabouts an alteration had taken place in the manner of doing business at the commencement of each session of Congress. He said he recollected when the first Congress under the administration of Mr. Jefferson had met at this place, instead of Congress being opened as heretofore by the President in person and by a speech, a note in these words had been received by the Speaker, inclosing a message from the President:
"DECEMBER 8, 1801.
"SIR, "The circumstances under which we find ourselves at this place rendering it convenient the mode heretofore practised, of making by personal address the first communications between the Legislative and Executive branches, I have adopted that by message as used on all subsequent occasions through the session. In doing this I have had a principal regard to the convenience of the Legislature, to the economy of their time, to their relief from the embarrassment of immediate answers on subjects not yet fully before them, and to the benefits thence resulting to the public affairs. Trusting that a procedure founded in these motives will meet their approbation, I beg leave through you, sir, to communicate the inclosed message, &c."
It is unnecessary, I believe, (said Mr. R.) to state that the hint contained in the message that no answer was to be expected, was taken by the House; and from that day no answers have been given to the messages of the President at the opening of Congress. It would ill become me, sir, who so highly approved then and who so highly approve now the change introduced by communicating to the two Houses by message instead of by speech, to say any thing that might imply a disapprobation of it. I like it, sir. To tell the truth, the stile of communicating by speech was more in the stile of the opening of the British Parliament by the king. I therefore like the mode of communication by message. But I am not so clear, though we were then half right, that we were wholly right; though on this subject I do not mean to give a definite opinion. No man can turn over the journals of the first six Congresses of the United States without being sickened, fairly sickened with the adulation often replied by the Houses of Congress to the President's communication. But nevertheless the answer to an address, although that answer might finally contain the most exceptionable passages, was in fact the greatest opportunity which the opposition to the measures of the administration had of canvassing and sifting its measures; and, in my mind, whatever goes to take away this opportunity, goes so far to narrow down the rights of the minority or opposition commonly so called, and in fact to enlarge the rights of the majority and the administration party so called—and I beg leave not to be understood as speaking of the state of parties at this time but of that which has always existed. This opportunity of discussion of the answer to an address, however exceptionable the address might be when it had received the last seasoning for the President's palate, did afford the best opportunity to take a review of the measures of the administration, to canvass them fully and fairly, without there being any question raised whether the gentleman was in order or not—and I believe the time spent in canvassing the answer to a speech was at least as well spent as a great deal that we have expended since we discontinued the practice. I do not say that any answer is proper or ought to be given; but I do believe that when this House goes into a committee of the whole on the state of the Union, it is for purposes a little more elevated than to dissect the message of the President of the United States, or to strip it up and transfer it to select and standing committees. If that be the whole object of going into a committee of the whole on the state of the Union, I can see no reason for having any such committee, nor why the
message should not be taken in first instance, dissected by the knife of operation most in the fashion of the day and referred to different committees; and it has a tendency to cast a sort of oblique on our proceedings, when this assembly resolves itself into a committee of the whole on the state of the Union, and gives that the message shall be referred to such & such committees—and would induce shallow observers to believe that in it there is little or no use for such a committee. But whatever may be my opinion on subject of opening the two Houses by message, I do think that there are occasions, if that this is one, on which it behoves this assembly to express its opinion on the state of public affairs. I will not recall to recollection, sir, because perhaps, and int probably it passed over your mind, without making any impression, that something during the last session of Congress, I stated that the gentleman, in whose hand the ins of government were about to be placed, did not even tolerably perform the task assigned to him, some allowance ought to be made for the state in which he found it. And, sir, when I see the situation of the country so materially changed for the better, am I and is this House still and regard it but as news paper talk of the day & express no opinion on it? And what is our opinion? It is either in approbation or disapprobation of the conduct of the Executive. In my opinion it is due to the Executive that he have an expression of our sentiment on this subject. In the past the country in which I live, dinners have been given, feasts have been held, and toasts have passed round in commemoration of the event—And is this House to be insensible, and to leave the President of the United States, in ignorance of doubt whether his conduct has or has not received the sanction of their approbation? Or is he to get that information from unofficial sources? I hope not. I hope he will get it from ourselves. I therefore move you—
"That the promptitude and frankness with which the President of the United States has met the overtures of the government of Great Britain towards a restoration of harmony and freecommercial intercourse between the two nations, meets the approbation of the House."
Mr. Findlay said that his proposition contemplated a novelty in the legislative proceedings of this country. Where would it end if the House were now to make a solemn resolution approving of the conduct of the President? The answer returned to the speech of the king in the monarchical government committed the House making it to all that was contained in it. The practice in this country had been long considered an evil; indeed he thought he could show by the journals one instance in which the discussion of a single section in an answer occupied the House 13 or 14 days. It was a practice too which intruded at the very opening of the Session all that irritation that commonly arose in the course of a session. Mr. F. said he supposed there was not a member in the House but did approve of the President's exercise of his authority vested in him. He presumed that they approved equally also of the same offer heretofore made to the Court of London. If the House were to appropriate the conduct of one President, they must appropriate that of others; and the conduct of the different administrations under the constitution might be brought into view. Mr. F. was totally against this motion, or any other of the kind.
(To be Continued.)
MONDAY, May 29.
VOTE OF APPROBATION.
Immediately on the meeting of the House Mr. Randolph called for the consideration of his resolution on the subject of the conduct of the President in the late accommodation with G. Britain.
The Speaker decided that the motion was not now in order, inasmuch as it was a settled practice of the House to devote the first hour of each day's session to the receiving petitions, reports, &c. Mr. Randolph appealed from his decision, and after a conversation on the point of order, which occupied nearly two hours, in which Messrs. Randolph, Smilie, W. Alston, Dana, Bacon, J. G. Jackson, Boyd, Gholson, Quincy, Potter, (R. I.) Pitkin, Gardenier and Key, took a part, the Speaker's decision was affirmed by yeas and nays—77 to 48.
The hour having more than passed, Mr. Randolph again called for the consideration of his resolution, and the House agreed to take it up by yeas and nays 66 to 62.
It will be recollected by our readers that the motion pending at the time of adjournment on Friday last, was for an indefinite postponement of the subject.
Mr. Dana, not expressing any opinion how he might ultimately vote on the question, was nevertheless opposed to indefinite postponement of the resolution, and stated his reasons at length.
Mr. Randolph followed Mr. Dana in a speech of about two hours in length, in support of his motion and against postponement, which he considered equivalent to rejection, inasmuch as the subject could not be revived during the session.
When Mr. Randolph concluded, a motion was made by Mr. Smilie to adjourn, and carried—ayes 70.
Debate hereafter.
TUESDAY, May 30.
THIRD CENSUS OF THE U. STATES.
Mr. Randolph said that it was now precisely ten years since he had the honor of being a member of this house. The first session of the sixth Congress was held at Philadelphia in December '99; and at that session a law was passed for taking the second census of the inhabitants of the U. S. It had been then allowed on all hands that that law was delayed so long, that the marshals had not time to make the proper enumeration in as accurate and faithful a manner as it ought to have been done. On the third census of the people of the U. States would depend not merely the gross numbers of this house, but the relative weight of the Southern & Western, & in fact of the middle & Eastern states, for perhaps none were increasing with greater rapidity than the two great middle states of New York & Pennsylvania. He thought it proper that provision should be made at this session for taking the third census. Such a provision could not accelerate the time, but would enable the officers of the U. States to take proper means to ensure the excellence of the work.
He therefore moved—
"That provision ought to be made by law for taking the third census of the inhabitants of the U. S."
Mr. Lyon expressed his pleasure at seeing this proposition introduced. He said it was important that the people of the U. S. should be represented according to their numbers. The district which he had the honor to represent contained more than 100,000 souls. The state of Ohio had by this time a population of 200,000 souls and had but one representative; the state of Tennessee had perhaps doubled its population. It behoved Congress to set about the business as soon as they could.
Mr. W. Alston concurred that it was necessary that the census should be taken in every part of the Union as nearly at the same time as possible. Were the law now to be passed, it might be taken in some parts of the U. S. between now and January next, and in other parts in not less than 3 years. He hoped, he said, that the house would not be thus troubled with unnecessary business. If the passage of the law were deferred to a session or two, the different parts would be more equally represented; though an immediate census might be favorable to his part of the country, because he was convinced that it was losing ground in the general scale of population of the U. S.
On the suggestion of Mr. Quincy, with the consent of Mr. Randolph, the motion was ordered to lie on the table—Ayes 101.
Messrs. Gholson and Fisk were appointed a committee of enrolled bills on the part of this house.
Mr. Morrow reported a bill supplementing an act entitled an act making an appropriation for carrying into effect a treaty between the U. States and the Chickasaw nation of Indians and for establishing a land office in the Mississippi territory. Read twice and referred.
FOREIGN RELATIONS.
Mr. J. G. Jackson from the committee on our foreign relations, reported a bill to repeal the act laying an embargo on all ships and vessels in the ports and harbors of the U. States and the several acts supplementary thereto, and to revive and amend the act entitled an act interdicting commercial intercourse with G. Britain and France and their dependencies.—Twice read and made the order of the day for Friday next.
AMERICAN SEAMEN.
Mr. Dana said, that he rose for the purpose of calling the attention of the House to a subject which could not but be interesting to the councils of the nation. It related to American seamen. He wished to propose a resolution, the object of which was to designate American seamen, and to ensure to them the benefits properly appertaining to that character. It was a proposition which could not impede any object which the administration could have in view, or embarrass any negotiation with foreign powers. He was the more desirous to bring up this subject, because it was extremely difficult to ascertain the number of foreign seamen in the service of the United States. In answer to an enquiry made at the last session, with a view to ascertain the number of foreign seamen who had been naturalized, an answer had been received, which, although he knew much deception had been practised, astonished him. He said, it might be presumed that there were on board American shipping between ten and twenty thousand seamen, who were not natives of America. In the course of twelve years, the whole number of persons naturalized, according to the laws of the United States, and registered as seamen, did not amount to four hundred and fifty. It might be set down for fact, Mr. Dana said, that under our existing laws not less than 10,000 certificates of protection are annually afloat, which are obtained by false swearing. To this fraud he wished to put an end. At present vessels might claim the privilege of carrying the American flag, without a single American mariner on board, a permission contrary to the usage of all civilized nations. For the security and encouragement of our seamen, therefore, he proposed the following resolution:
"Resolved, That for the benefit of the seamen of the United States, it is proper to make provision, that registered ships or vessels shall not be entitled to the privilege of ships or vessels of the United States, unless a certain proportion of mariners on board the same shall be mariners of the United States."
On the suggestion of Mr. Burwell, with the consent of Mr. Dana, the resolution was ordered to lie on the table.
ARMED TRADE.
Mr. Dana said, he wished to propose another resolution, the object of which contemplated a provision for arming the commerce of the United States, not as against any particular power; but it was an attempt to draw a line of discrimination between armaments for defence and armaments for attack, between the principle of resistance to aggression of foreign nations and the principle of reprisal; in fact, an attempt at experiment, whether we could not transfer to the water that system which exists on the land, for a practical demonstration of which, he would refer to gentlemen from the Western country, where he understood that the citizens individually or combined, armed for their defence against predatory incursions or attack. This was a species of arming distinct from arming for attack or plunder. The resolution which he held in his hand was similar to one proposed at a late day last session; it was, however, directed against one principle, and that was the principle of blockade by proclamation. It completely contravened the principle of the French Decrees as to British ports, and the principle of the British Orders in Council. The resolution was as follows:
"Resolved, That it is expedient to make provision, by law, to allow merchant vessels of the United States to be armed for defence in voyages to ports of Europe, the West-Indies and Atlantic coast of America, and, accordingly, to furnish the documentary evidence which may be proper, in any such case, to manifest the defensive character of the armament allowed; and at the same time, by law, to require securities for the vessels, respectively, that they will not proceed to any port known to be actually blocked, nor carry articles, contraband of war, to the dominions of a belligerent power, nor violate the laws or treaties of the United States, or the rule of public laws by them acknowledged, but will observe the instructions which may be given by the President of the United States for preventing all such violations, and that due satisfaction shall be made for all damages and injuries, if any should be committed in contravention thereof."
It was referred to a committee of the whole, on motion of Mr. Dana.
Various memorials and petitions were presented and referred. Among others
Mr. Helms presented the petition of Gen. John Hurd, late collector of Amboy, now lying in jail at the suit of the United States, on the peculiar hardship of whose situation Mr. H. expatiated. Referred to a select
committee, with instructions to report by bill.
Mr. Goold presented the petition of Mrs. Hamilton, widow of the late Gen. Alexander Hamilton of New York, stating that her husband was a Colonel during the revolutionary war, and as such entitled to half-pay; but that from his delicate situation as a member of Congress, he had relinquished his claim, the amount of which the petitioner prays may be allowed to her. Mr. Goold moved a reference to the committee of claims. Mr. Gholson. Mr. Gholson moved to refer the petition together with one which he conceived to be similar, to a select committee. On this motion a debate of near two hours, upon the subject of claims generally, took place, in which Messrs. Gholson, Goold, Macon, Southard, Lyon, Talmadge, Nelson, Quincy, Smilie, Southard, Gardenier and Randolph partook. The petition was eventually referred to the committee of claims by a small majority.
VOTE OF APPROBATION.
The unfinished business of yesterday was resumed, ayes 63.
Mr. J. G. Jackson withdrew his motion for indefinite postponement, and Mr. Nelson renewed it.
Mr. Johnson spoke in support of Mr. Bacon's amendment.
When he sat down, several members rising to speak, a motion was made to adjourn and carried, ayes 66.
WEDNESDAY, May 31.
Mr. McKim presented a petition from the Americans concerned in Miranda's expedition, now confined in jail in South America, praying relief. Referred to Messrs. McKim, Say, Enot, Roane and Cochran.
Mr. Southard from the committee of Revisal and Unfinished Business, made a report in part. Ordered to lie on the table.
On motion of Mr. Lyon, the petition of Thomas Paine, presented at the last session, was referred to the committee of claims.
On motion of Mr. Marion, a committee was appointed to enquire into the expediency of reviving the act giving the consent of the U. States to the act of the Legislature of South Carolina giving power to the city council of Charleston to impose duties on the tonnage of vessels from foreign ports.
Mr. Newton reported a bill authorizing the accounting officers of the Treasury Department to give credit to certain collectors of the customs for allowances made by them to the owners of fishing vessels. Twice read and referred.
PUBLIC LANDS.
Mr. Rhea offered the following resolution:
"Resolved, That the committee on the Public Lands do enquire into the expediency of laying off and describing by certain metes and bounds, a tract of country to which the Indian title is extinguished within the limits of Louisiana, and to include all the settlements within the said territory, and of having the said tract of country laid off into townships and sections, half and quarter sections, agreeably to the several laws heretofore made for surveying the lands of the United States; and also to enquire into the expediency of granting one quarter of a section to every free male white person who now resides thereon, or who will within years actually improve and reside thereon."
This resolution was supported by Mr. Rhea, on the ground that the settlements in that country were much dispersed, and that the speedy settlement of it would give security to the frontiers, and form a barrier between the American settlers and the Indian nations on the frontier. It was opposed by Mr. Ely on the ground, that the subject had, for several sessions, been before the committee of Public Lands, who, however, disposed to act on it, had never been able to perceive that any good was to result from it; and by Mr. Lyon on the ground, that the very reference of the subject to a committee would be an injury to the U. S. and a vexation to the people, delaying them from purchasing lands, under the idea that Congress were about to give them to settlers.
The motion was negative—52 to 44.
MILITARY ACADEMY.
Mr. Lewis offered the following resolution:
"Resolved, That a committee be appointed to enquire into the expediency of removing from West Point, the corps of engineers constituting the Military Academy, to the city of Washington; and that they have leave to report thereon by bill or otherwise."
On the question "Will the House agree to consider the resolution?" there were for considering it, 47—against it, 51.
DOMESTIC MANUFACTURES.
Mr. Bacon laid on the table the following resolution:
"Resolved, That the Secretary of the treasury be directed to prepare and report to this House, at their next session, a plan for the application of such means as are within the powers of Congress, for the purpose of protecting and fostering the manufactures of the United States, together with a statement of the several manufacturing establishments which have been commenced, the progress which has been made in them, and the success with which they have been attended, and such other information as, in the opinion of the Secretary, shall be material in exhibiting a general view of the manufactures of the U. States."
A motion having been made to print the resolution,
Mr. Lyon opposed the printing of it. He said, that something should be done at this session for the benefit of manufacturers. It was cold comfort to them to tell them, that they should have a report on the subject at the next session. He would not postpone a consideration of the subject, from the fear of giving offence to the British government by manufacturing for ourselves. He would proclaim to the world our intention to encourage manufactures.
Mr. Bacon concurred, heartily, in the patriotic views of the gentleman from Kentucky in encouraging the manufactures of our country. He had no idea, by this motion, of interfering with any particular measure which the gentleman wished to adopt in relation to manufactures; he merely looked forward to the establishment of some practical system for the encouragement of manufactures.
It was ordered to be printed.
PROCESS AGAINST MARSHALS.
Mr. Randolph, after making a number of remarks on the subject of the present session, in favor of doing the ordinary business of the annual session at this time, and hereafter holding the annual sessions in the spring, instead of the winter, stated, that he should proceed to the ordinary business of an annual session, until the House should come to some definite conclusion as to what time they would adjourn. He then stated, that by a letter which he had received from the Marshal of the district of Virginia, and which, from its being printed, he believed to be a

circular, he learnt that there was no provision by the laws of the U. States for a summary process, for the purpose of recovering from marshals and their deputies monies paid to them, and by them detained from those to whom it was due. It appeared, that the judges had decided, that they were bound in their proceedings by no state laws in the respective states, except such as were in force when the U. S. courts were first organized, those laws then in existence in the several states having been adopted by Congress. If this was the case, it was certainly a casus omissus , and one to which the attention of Congress ought to be turned. He therefore moved,
"That a committee be appointed to enquire whether any and what provision ought to be made, by law, for enforcing a summary mode of proceeding against marshals and their deputies who have received money by virtue of executions issued from the courts of the U. States."
After some observations from Mr. Basset, on the probability of a short session, and from Mr. Livermore, going to show that the resolution was superfluous, it was agreed to without a division, and Messrs. Randolph, Sandford, Livermore, Knickerbacker and Lyle appointed the committee.
AMERICAN SEAMEN. Mr. Dana's resolution of yesterday was taken up and referred to a committee consisting of Messrs. Dana, Burwell, Cook, Cobb, and N. R. Moore.
EXPENDITURE OF PUBLIC MONIES. The resolution for appointing a committee to enquire into the application of public monies, heretofore agreed to by the House, but re-considered for the purpose of amendment, was amended so as to limit the duties of the committee to an investigation of the money transactions of the last eight years, and passed, and Messrs. Randolph, Macon, Smilie, J. C. Chamberlin, Seaver, Howard & Southard were appointed the committee.
VOTE OF APPROBATION. The House then resumed the unfinished business of yesterday. Mr. Ross spoke in favor of the resolution and against indefinite postponement; and Mr. Fisk at considerable length in favor of indefinite postponement. When Mr. F. concluded (4 o'clock) the House adjourned.
THURSDAY, June 1. Much business was done this day, of which the following notice is all that we have room to take.
Mr. Lyon offered the following resolution: Resolved , That for the protection of those who have commenced, and the encouragement of those who may be disposed to set on foot, manufactures within the U. States, of the articles hereafter enumerated, as well as for the encouragement of the cultivation of the productions necessary for such manufactures, provision ought forthwith to be made by law to subject to additional duties on their importation into the United States, all articles of which leather is the material of chief value—hemp and cotton, and all articles of which they or either of them are the material of chief value—Woolen cloths whose invoice prices shall exceed six shillings sterling per square yard—Woolen hosiery, window glass, silver and plated wares, paper of every description, nails, spikes, and tacks, hats, clothing ready made, millinery of all kinds, beer, ale and porter.
This resolution was, after debate, refused a reference to the committee of commerce & manufactures 55 to 49, and ordered to lie on the table, ayes 75. The following resolution, offered by Mr. Van Horn, was refused consideration, 58 to 42.
Resolved , That a committee be appointed to enquire into the propriety of modifying or repealing the laws relative to drawback, and that they have leave to report by bill or otherwise.
Mr. Randolph's resolution declaring that provision ought to be made by law for taking the third census of the inhabitants of the U. States was taken up, passed without opposition, and referred to a committee to bring in a bill.
Mr. Randolph's resolution declaring that provision ought to be made by law for securing an impartial trial by jury, &c. was taken up, and after debate passed without opposition.
The house took up the unfinished business of yesterday (the resolution approving the conduct of the Executive.) Messrs. Rhea and M'Key spoke in favor of indefinite postponement, and Mr. Gardener against it. The house adjourned at half past five o'clock, without taking a question.
(Further details in our next)
SENATE OF THE U. STATES.
MONDAY, May 29. Mr. Thruston presented the petition of John Mason and others, praying that such part of the act supplementary to the act to incorporate the inhabitants of the City of Washington, as exempts the City of Washington from taxation by the Levy Court of Washington county, be repealed.
Referred to Messrs. Thruston, Anderson, and Brent.
Mr. Giles from the committee to whom was referred so much of the President's message as relates to the revision of our commercial laws, for the purpose of adapting them to the arrangement which has taken place with Great Britain, reported a bill to amend and continue in force the act entitled, "an act to interdict the commercial intercourse between the United States and Great Britain and France, and their dependencies and for other purposes," which was read and ordered to a second reading.
A message was received, by Mr. Graham, from the President of the United States, transmitting a report of the Secretary of War, showing the progress made in carrying into effect the act of April, 1809, for raising an additional military force, and the disposition of the troops.
The President laid before the Senate a letter from Mr. Smith, Senator from the state of Maryland, stating that he was appointed by the executive of that state, a Senator in conformity with the constitution, until the next meeting of the legislature; that this meeting will take place on the 5th of June; and requesting the determination of the Senate as to the question whether an appointment under the Executive of Maryland, to represent that state in the Senate of the U. States, will or will not cease on the first day of the meeting of the legislature thereof.
Ordered that the consideration thereof be postponed till to-morrow.
Mr. Giles gave notice that he should to-morrow ask leave to bring in a bill to fix the time of the next meeting of Congress.
The bill, from the House, entitled, "An act respecting the ships or vessels owned by citizens or subjects of foreign nations with"
which commercial intercourse is permitted," was, by unanimous consent, read three several times and passed.
May 30. The consideration of the bill, reported yesterday, by Mr. Giles, was postponed till Thursday.
Messrs. Giles, Franklin and Hillhouse were appointed, on the part of the Senate on the committee of the two Houses on the business requisite to be done during the present session.
Mr. Pope offered the following resolution: Resolved , That a committee be appointed to enquire whether it be expedient at this time to pass a law for taking the census of the inhabitants of the U. S. and territories thereof.
The Senate resumed the consideration of the letter from Mr. Smith of Maryland communicated yesterday.
On motion by Mr. Giles, Ordered, That the further consideration thereof be postponed to the 5th June next.
May 31. The resolution offered yesterday by Mr. Pope, for appointing a committee to enquire into the expediency of passing a law for taking a census of the inhabitants of the United States, was agreed to; and Messrs. Pope, Meigs and Anderson, appointed a committee.
June 1. Agreeably to the order of the day, the Senate resumed the consideration of the bill, to amend and continue in force the act entitled "An act to interdict the commercial intercourse between the United States and Great Britain and France, and their dependencies, and for other purposes."
Mr. Giles offered the following amendment to the first section, to be inserted after the word assembled:
"That the provisions of the two first sections of the act, entitled, "An act to interdict the commercial intercourse between the United States and Great Britain and France, and their dependencies, and for other purposes," shall extend to all public armed ships and vessels of all foreign nations, and the same shall be and are hereby continued and made permanent, subject nevertheless to any modifications or regulations which may hereafter be made by treaty."
Whereupon, without coming to any decision, the further consideration of the bill was postponed till to-morrow.
(BY AUTHORITY.) Eleventh Congress of the United States: First Session. An act respecting the Ships or Vessels owned by citizens or subjects of foreign nations with which commercial intercourse is permitted.
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That from and after the passing of this act, all ships or vessels owned by citizens or subjects of any foreign nation with which commercial intercourse is permitted by the act, entitled "An act to interdict the commercial intercourse between the United States and Great Britain and France, and their dependencies, and for other purposes," be permitted to take on board cargoes of domestic or foreign produce, and to depart with the same for any foreign port or place with which such intercourse is or shall, at the time of their departure respectively, be thus permitted, in the same manner, and on the same conditions, as is provided by the act aforesaid for vessels owned by citizens of the United States; any thing in the said act, or in the act laying an embargo on all ships and vessels in the ports and harbours of the United States, or in any of these several acts supplementary thereto, to the contrary notwithstanding.
J. B. VARNUM, Speaker of the House of Representatives. GEORGE CLINTON, Vice-President of the United States and President of the Senate. May 30th, 1809. APPROVED, JAMES MADISON.
PHILADELPHIA, June 1.
The Melampus and Euridyce British frigates, were yesterday cruizing off Sandy Hook. They boarded several vessels, which have arrived at New York, and treated them with marked politeness. Our New-York correspondent informs us, that these frigates were dispatched on this coast by Admiral Warren, to prevent British vessels entering our ports, as they would be subject to seizure under the non-intercourse law. When these orders were given by Admiral Warren, he had not been advised of the settlement of differences between this country and Great Britain.
THE ENQUIRER.
RICHMOND, JUNE 6, 1809.
(TO THE EDITOR OF THE ENQUIRER.)
SIR, The conduct of those amongst us, who attempt to rob the late administration of the well-earned fame acquired by the change in our foreign relations, affords a signal instance of injustice and ingratitude. Attempts are made to compliment the present administration at the expence of the last. Those who conduct our affairs will not, I am sure, be flattered by such insidious eulogiums. The present administration have acted and will continue to act in the same manner with that which preceded it. Animated by the same patriotism and devoted to the same principles, it will observe the same policy. Those who administer the government, are too firm to be driven from their measures by the most formidable exertions of their opponents, and too wise to be seduced by their caresses. They were bred in the same political school with their predecessors in office, and indeed in different stations under the late administration, they asserted in laying the foundation of those systems of internal policy and external government, which it will now be their glory to mature. In acceding to the terms proposed by Great Britain, Mr. Madison did no more than agree, as President, to what had been explicitly offered to the British government, when he was Secretary of state. Notwithstanding great ministerial evasions and tergiversations were played off on the occasion, and that a coloring was endeavored to be given to the subject by the surreptitious publication of Mr. Canning's letter at Boston—yet, no well-informed man can doubt, that it was explicitly offered to the British Cabinet by our minister at London to take off the embargo as to Great Britain on the repeal of her orders in council as to the United States. Those who entertain any doubt on this subject, are referred to the correspondence of our Minister, Mr. Pinkney and Mr. Canning, as carrying a conviction which the latter can neither obviate by his adroitness nor by the free scope which is given to his sarcasms. There is no doubt that the British, if they had been influenced by a wish for an adjustment of differences might have succeeded in it when Mr. Rose was in this country. But instead of frankly
communicating the reparation which was intended to be offered for the wrong done in the affair of the Chesapeake, he insisted on the unreasonable and insulting condition of the previous repeal of a measure of precaution growing out of the aggression of which we complained. Or in other words, he demanded as a preliminary, that we, the party confessedly injured & aggrieved, should take the first step and make the first concession. Such a proposition indicated either the existence of a very imperfect idea of what justice and honor required amongst states or individuals, or a predetermination to make demands so unreasonable or improper, as to preclude the possibility of an amicable adjustment. The very tone of Mr. Canning's communications with our minister displayed an indisposition to a friendly arrangement. That tone was every proper one to be assumed by a person, who wished to excite irritation, or to widen a difference which unhappily existed, betwixt two nations, becoming the representative of a great people, particularly when there was an alleged wish for amity and reconciliation. It must be a source of just pride to an American to observe, that so able and enlightened a statesman as Mr. Whitehead, has declared in the House of Commons that the style and manner of Mr. Canning's diplomatic communications suffer essentially by a comparison with the dignified and masterly state papers which have proceeded from the pen of Mr. Madison.
A recurrence to the correspondence between Mr. Canning and Mr. Pinkney will, as has been observed, clearly demonstrate that the terms offered by our government to the British Cabinet are in effect the same on which an arrangement was finally accomplished. The United States consent to remove all measures of restriction or coercion as to Great Britain, on the latter ceasing from the observance of a course destructive to our Commercial rights. In making an overture for an adjustment on these terms, Great Britain very wisely and justly abandoned all idea of the inadmissible principle of a preliminary repeal of the interdict upon her vessels of war coming into our ports. The ground on which Mr. Erskine placed the favorable change in the views of the British Cabinet towards us, was, that the Non-Intercourse law was a measure of impartiality to the belligerents. It is very remarkable that the same measure which is hailed by the British government, as so propitious to a restoration of harmony between the two Countries, was stigmatized by the opposition in Congress as an act of gross partiality to France and decided hostility to England. The same description has been more recently given of this measure, in an address of a British Governor to a Colonial legislature. The passage of the Non-intercourse law was not known in England when Mr. Oakley embarked as the messenger of peace. But it is said that this act was anticipated by the British Ministry. When Mr. Oakley left England, the British government had every reason to believe that the embargo would be continued. But without going too deeply into the causes which produced so favorable a change in our affairs, or too critical an examination of the motives which led to an alteration in the conduct of the British Ministry towards us, let us admit that the Non-intercourse, that act so vilified and reprobated by all the opponents of Government, was the true reason which led to an adjustment of our differences. This is alledged by the British Minister and it may be said, that the rules of diplomatic courtesy require that we should credit the assertion. When was this measure adopted?—Certainly under the administration of Mr. Jefferson. To his wisdom and foresight then and to the intelligence of those with whom he acted, are we to attribute this event which is considered the source of so much benefit to this country. Will the enemies of the late administration deny that the adjustment with England was owing to the Non-intercourse? Will they pretend to be wiser than the parties to the transaction? To know more than those who were to feel the effects of the measure in question? It is not to be attributed to the Non-intercourse, then they must consent to place it to the account of the embargo and the measures which accompanied it, which would be very abhorrent to their minds, and what would make it doubly hateful, would be, that the embargo is also a measure in which Mr. Mr. Jefferson participated. The truth is that the Government during the whole of Mr. Jefferson's ministry pursued the same course. It maintained a dignified and impartial neutrality. It neither favored Britain nor France, but endeavored to maintain a friendly intercourse with both and to avoid an intimate political connection with either.
In the ardor of the conflict in which those nations were engaged, they have both been desirous to involve us in the vortex of their quarrels. The wisdom and circumspection of our government, preserved us from so disastrous a destiny. It has suited the interested views of certain political partisans to cast on our government the imputation of a commercial preference for France. They have thus to gratify party feelings, endeavored to tarnish the reputation of their own country and to give currency to the malignant aspersions of its enemies. But the day of retribution has arrived. The cause of justice and truth has prevailed. The United States without embarking in the ruinous wars in which Europe is engaged, have preserved the resources of their people undiminished, and by the justice and energy of their measures have secured the respect and applause of mankind. Without any change in principle or policy on the part of our government, Great Britain has solemnly acknowledged in the face of the world, that the councils of the United States have manifested an impartial spirit of resistance to encroachment, from whatever quarter it may have come. The conviction in Great Britain of the existence of such a spirit in the American nation is favorable to the establishment of friendly intercourse on a solid basis. So true is it that no friendships are durable which are not founded on mutual respect.
As to our own government, an adjustment founded on such principles and produced by such causes as have been described, will form one of the proudest and most lasting monuments of its glory.
PUBLIUS.
Mr. Randolph repeats the stale assertion, that the Orders in Council were not known in Washington at the time when the Embargo was laid. It is true that no official, authentic account was received of them—but it is no less true, that such accounts were at hand, as under existing circumstances, were sufficient for Congress to act upon. To the proof— It is a fact, that Percival and Castlereagh, twofold the ministry, had declared about the
first of February 1807, that the retaliatory Orders of January 7th, were too mild—and that the whole of the enemy's trade ought to be laid under restrictions similar to those of the Orders of November.
It is a fact, that Congress heard of the case of the Horizon and of the intention of France to give a new Sweep to her Berlin decree. It was easy to foresee what would have been the conduct of G. Britain under such circumstances.
Further—there are facts on the file of this paper, irresistibly showing that these orders in council were currently and confidentially spoken of in the British prints, the contents of which were in Washington before the embargo was laid. And what positively proves that these facts had made their due impression at Washington, Mr. R.'s assertion to the contrary notwithstanding, is this memorable fact: In the Enquirer of Dec. 22, 1807 is the following Note under the Richmond Head: "The prospect thickens every day. The only resource seems to be, at last, An Embargo. Let the reader attentively weigh the following documents." These documents are extracts of letters from two of the best-informed members of the House of Representatives then in Washington. One of these states the existence of "another proclamation of the British government declaring all France, its allies and dependencies in a strict state of blockade,"—and avers that "no remedy will be left to us but to adopt what is emphatically called the Tarrapin policy." The other states, that "the British either have or certainly will prohibit by a similar decree of blockade, our trade with all the rest of Europe, worth trading to,"—and soon after points to the embargo as our best refuge against the storm. These two letters are conclusive. They bear date on the 17th Dec.; one day before the date of the President's message.
But even if this course had been founded on newspaper paragraphs, it would not have been the only case in which the administration of the U. S. has thought proper to act upon them. After the conditional ratification of the British Treaty of '94 by the Senate, Gen. Washington had once determined not to ratify it, in consequence of similar unofficial information respecting the Provisional Orders of June.—See Mr. E. Randolph's Vindication.—And this points out another analogy in the conduct of G. B. towards the U. S.—The treaty of '94 was sent over to this country for ratification; and the orders of June intervened. The Treaty of 1806 was sent—and the orders of January, 12 days after, were issued by the British government. What then was not to have been expected from G. B. when the right of issuing these or any other orders, however extravagant or bold, was expressly reserved in the Note subjoined by the British Commissioners!
Mr. John Randolph has introduced a style of Eloquence into the H. of R. which is as abhorrent to true taste, as to the best models of this exquisite art. Instead of elegant allusions to the classic works of antiquity, fine quotations from the effusions of the poets, or tropes and figures drawn from the best productions of nature and of art, we have a new sort of machinery played off upon us. The rudest scenes of life are ransacked for proverbs and illustrations. The wise saws of old women—the sweepings of chimney-pots—the filth of stables and the dialect of stable-boys, are all enlisted into the service. The Wine-cellar is made to tell us that we are not to "put new wine into old bottles"—nay the poor cook is gravely brought into the H. of R. to give a lecture on the virtues of "addled (or rotten) eggs in a pudding." Nothing seems to be too mean to be used in the way of ornament or beauty. "Nothing comes amiss to his net," whether it be the handsome or the homely, the fair or the foul, the pure and dazzling light of the Sun, or the dunghill with "all its honours reeking up to heaven."
It is to be regretted that these splendid arts of Eloquence were so perfectly unknown to all the Critics & Orators who have gone before us. How much more complete would have been Longinus's Treatise on the Sublime, if aided by this light! How much more directly to the purpose & to the heart would have been Demosthenes and Cicero, Fox and Burke, have spoken—or even Chatham himself, if that orator whom Mr. R. has taken as his model in another respect, though certainly quasi longo intervallo ! It is one of the great benefits of this discovery that it opens an entirely new field of Eloquence and allusion—whose flowers & fruits have hitherto mocked the taste of every Orator. There is besides this attraction too in the path that is struck out. When Mr. R. has run through all the old homely proverbs of our own country-women, there is another crop of them made ready at his hands. The wit of Sancho Panza, that great orator of romance, is ready to assist him. And surely it must be a more perfect character than even Cervantes himself has conceived, which unites the wild errantry of the Knight to all the sagacity and saws of the Squire.
We approve of Mr. Bacon's Resolution, to refer an enquiry into the present state of our Manufactures, to the Secretary of the Treasury. It is the best means of obtaining information on this subject. How can lights be collected of the state of those various institutions, which are now scattered over the U. States? There must be some general heart for this purpose—from which, as from a focus, all these enquiries must flow, & to which they must all centre! Who so fit for this as the present Secretary of the Treasury?
If this Resolution passes, Mr. Gallatin will probably address a circular Letter to the different parts of the United States, as he once did in the case of Roads and Canals, enumerating the different points to which he would wish his correspondents to bend their attention—and from the replies to his letter he will draw out a body of inferences and information in the same manner as he formed his most instructive Report on Roads and Canals?—It is thus only that Congress can act understandingly as to the encouragement of Domestic manufactures, by laying duties on imports—for they must know which of these has struck a deep root in our soil and spread so far as to be able to supply the wants of a large mass of the people.
Should Mr. Gallatin be directed to state the sorts of encouragement which should be applied for this purpose, let him recollect that there is a warning before him in the celebrated report of Mr. Hamilton on the same subject—Let him not carry his zeal like Mr. H. to support our manufactures so far as to step beyond the limits of the constitution; & like him assume a right in Congress to establish trading companies, for the purpose of encouraging arts and manufactures.
FOR THE ENQUIRER.
The exclusion of French armed Ships from our ports, has been considered as levelling the distinction between the injuries inflicted on us by them and by the armed vessels of G. B. In this light, it is certainly more partial to G. B. than France. But it is certainly true, that this was not the object of it. The arrangement is supposed to have sprung from higher considerations of general policy. It had been proposed to lay all foreign armed ships under greater restrictions in our ports. Mr. Jefferson had suggested it some time before in one of his messages. During the last session, it is known, that some idea was entertained of taking this section from the Non-intercourse law, and erecting it into a distinct and permanent law. The reason is a plain one—Foreign nations may have a right to the enjoyment
of hospitality, but not to use one port for the annoyance of our own vessels. They may come to weather a storm, or to elude their enemies, & in a few other strong cases—but not to lay in our ports, for weeks or months together, as they have done, collecting information about the sailing of our vessels, hovering about the mouths of our harbors, and capturing our vessels as they go out or come in. It is therefore an important question at this time, how far we may let these vessels in at all? For this purpose principally it is supposed, that a general restriction was laid in the non-intercourse law—and it is to this idea that the Secretary of State is supposed to allude, when in his late negotiation with Mr. Erskine, he says: "that the President owes it to the occasion, and to himself, to let it be understood, that this equality is a result incident to a state of things, growing out of distinct considerations."
The British have made reparation for the attack on the Chesapeake, without obtaining the right to enter our harbors with their ships of war. So far, so good. And it is a doubt whether this part of the non-intercourse law may not still be retained.—Mr. Giles has moved in the Senate to amend the bill, which he has introduced in lieu of the old one, by extending the interdictions of its two first sections to all public armed ships, &c. and that the same be continued and made permanent, subject nevertheless to any modifications and regulations which may hereafter be made by treaty.
In the case of the indictments found for breaches of the embargo laws, the Chief Justice did not deliver a written opinion. The following are the terms, in which the judgment of the Court is entered up:
UNITED STATES, } Upon an indictment for a Vs. } violation of the Embargo WILLIAM SMITH. } law.
This day came as well the Attorney, for the United States, for the Virginia District, as the defendant, by his attorney, and thereupon, the defendant, by his attorney, moved the court to quash the said indictment, whereupon the said motion being fully argued, and by the court maturely considered; the court, without deciding the question whether an indictment can be supported in this court, on common law principles, is of opinion the offence charged in the indictment, being a new offence, created by statute, & a penalty being prescribed for the commissioner of the act, the penalty alone is recoverable, and the act is not indictable: Therefore, the court are of opinion, that the said indictment ought to be quashed, and it is hereby quashed. June 1st, 1809.
FOR THE ENQUIRER.
BURK'S GARDEN GRAVE.
(By the Author of the Natural Bridge.) I climb'd the high hills of the dark Appomattox, The stream poured its waters, the wild woods among: All was still, save the dash of the surge, from Where the sea-fowl indulg'd in his tremulous song.
On my right, where the poplars, with fair branches gleaming, Half embosom the proud vaulted villa of Jones, On the tomb-stone of Daly the liquid sun streaming, Mark'd the spot where the bard had found rest for his bones.
Oh! rare is the spot hung with clustering roses, Where Virginia's sweet Minstrel is gone to his rest, For the sun's parting ray, on his grave oft reposes, And the red-breast delights there to build her soft nest.
And of shall the damsels, with bosoms high swelling, Whose ruby-lips sweetly his soft stanzas sing, Dejected repair to the Bard's narrow dwelling, And deck the raised turf, with the garlands of Spring.
MARRIED, On Thursday evening last, Mr. DAVIDSON BRADFUTE to Miss MARIA BYRD, both of this city.
On Saturday, the 27th ult. (May,) died Genl GEORGE CARRINGTON, at his seat in Halifax. The rupture of a blood-vessel preceded his death about two hours, and appeared to be the immediate cause. The veteran officers of the American Army will regret the sudden death of a former gallant and irrepressible Brother in arms. He loved his Country's honor and independence; and the generosity of his nature, will long be remembered with pleasure, by his friends. The evening before his death, his habitual gloom seemed to be in a degree dispelled, whilst he talked of the maintenance of our commercial rights, and of the brightening prospects of his country. Alas! my friend, who now lies cold in that apartment, where a few hours ago, he walked and talked with us: had too much sensibility to bear with composure, the heavy cares of life. He is gone! but his valor, patriotism and integrity will not be forgotten. The awful stroke separated him from an amiable wife, eight sons & two daughters.
FOR NEW-YORK.
THE SLOOP WINDHAM, BERTHEW 80 TONS. CHRISTOPHER VAIL, MASTER;
Will sail in all this week. For freight or passage, apply to the master on board, lying at Wilkinson's wharf. Said Sloop has excellent accommodations for passengers.
Said Vail, has for sale, on board, a quantity of coarse HATS, Writing and Wrapping PAPER, &c. June 6. 21
A TUTOR WANTED.—A gentleman of good moral character, who is qualified to conduct a SCHOOL, consisting of 12 or 15 children, will meet with liberal encouragement, by applying to the subscribers, in Powhatan county. If his conduct and qualifications should be approved, there is a prospect of his obtaining a comfortable, permanent establishment. B. TRUEHEART, TH. MILLER. June 6. w29
DISSOLUTION OF Partnership.—Pritchard & Adams by mutual consent dissolved partnership on the 23d ult.—Lewis Adams assumes the payment of all demands against the late firm, to whom all debts contracted with them since their connection belong and are to be made. W. M. PRITCHARD, LEWIS ADAMS. June 6. It
IN CHANCERY.—In Henrico County Court, June 5th, 1809. John Lynch, Compt. against John Bernard, Deft.
The defendant 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 this Commonwealth: On the motion of the complainant, by his Counsel: It is ordered, That the said defendant do appear here on the first Monday in August next, and answer the complainant's Bill: And that a copy of this order be forthwith inserted in some one of the newspapers printed in the city of Richmond, for two months successively, and another copy posted at the door of the Courthouse of this County. A Copy: True, J. B. WHITLOCKE, CLK. June 6. w89

EUROPE.
NEW-YORK, May 29.
LATEST NEWS FROM ENGLAND.
Intelligence from London, three days later than we had previously published, via Philadelphia, was received yesterday at the office of the Mercantile Advertiser, by the Spanish schooner Good Voyage, in 60 days from Liverpool. We have selected the articles that follow from London papers to the 13th of April, and a Liverpool paper of the 15th.
Vigo has surrendered to the Anglo Spanish forces. No confirmation of the report, that hostilities had commenced between France and Austria is given in these papers.
LONDON, April 13.
Extracts from a letter dated Stockholm, March 24, 8 P. M.
"About 600 Cossacks, who had come over from Aland Gresshamn, being a part of the army who had taken the former Island, were on their march to Stockholm, when they were met by a flag of truce in the name of Duke Charles, and an armistice was immediately signed to wait the Emperor of Russia's answer."
By two Gottenburgh mails, which arrived last night, we have received intelligence from that place to the 1st inst. and from Stockholm to the 25th ult. The report of the rising of the Dalecarlians, for the purpose of effecting the liberation of their dethroned and imprisoned Monarch, appears altogether unworthy of credit. The unfortunate Gustavus has been transferred to a fortress fifteen leagues more remote from his capital, where he continues closely confined, and all intercourse between him and his Queen is carefully prevented. The Duke of Suedermania exercises all the functions of royalty, with controlled power, and Adlersarte, who first gave the signal for insurrection, is arrived at Stockholm with a division of the western army. The inhabitants are stated to have conferred upon these troops every possible mark of approbation and regard.
Our port letters of this morning contain nothing of importance. We regret to learn that Sir Arthur Wellesley had not so late as yesterday embarked for Lisbon. The Serreillante frigate, which is to take him out, is said to have received counter orders.
We understand that an unhappy difference has arisen between Admiral Lord Gambier and Rear Admiral Hervey. The latter is, in consequence, come home in the Tonnant & will strike his flag.
Price of Stocks this day, at one o'clock, three per cent. consols, 67 7/8—5 per cents 98 1/8.
LIVERPOOL, April 15.
A variety of accounts have been received from Spain during the present week, but none perhaps which can be implicitly depended on. The news which has arrived is very various in its complexion, some of the details being highly encouraging and others very unfavorable to the patriotic cause—but unhappily that part of the intelligence which has the greatest appearance of authenticity, is the most disastrous. The Spanish army in Catalonia, it appears, has been exposed, since the fall of Saragossa, to the whole of that part of the enemy's force which had been released from the arduous duties of that protracted siege. This force having been strongly reinforced, has attacked the patriotic army and completely routed it; the consequence of which is, that the French will obtain undisturbed possession of the fertile province of Valencia, where their various and pressing wants may be amply supplied.
To counterbalance this misfortune, we are informed that the Gallicians are again roused from their torpor, and are acting with such energy, that the enemy can hardly maintain his footing in that province. From other parts of the north the accounts are not less favorable. Dispatches have been received by our government, announcing that the port of Vigo has been taken by the united English and Spaniards, with 1500 prisoners, and a large quantity of stores. In the south, no despondency appears, either in the people or the government.
The Serille Gazette contains some spirited observations on the conduct of the French, and the present state of the campaign; and a calculation is made that not less than 163,000 of the enemy's troops have fallen victims to the sword, disease, and the fury of the people.
It would seem, nevertheless, that the forces of the enemy, reduced as they undoubtedly must be, are, however, not completely occupied by the conquest of Spain, for they have been able to detach a large force against Portugal. A considerable French army has already entered that country, and is approaching towards the capital, so that unless the British army, which is now very strong, should judge it expedient to quit the country, a severe contest may be expected. We are afraid that Sir A. Wellesley, with his powerful reinforcement, will arrive too late.
GOTTENBURGH, March 31.
The Emperor of Russia has given his sanction to the armistice, and the evacuation of Aland—it is, however, understood to be only till he receives from Paris an answer to a communication he has made to the French Emperor on the subject. A loan has been demanded by the new government. The application to the merchants caused them to assemble yesterday at the change for that purpose, and in a few minutes after the subscription was opened, the sum of 33,000,000 dollars was subscribed. General Armfeldt is appointed Commander in Chief of this district, & Gottenburgh is to be the head-quarters. The troops that are already here are the amount to 3000 men, the finest in the Swedish service. Perfect tranquility exists here. Admiral Keats was off port to sea yesterday in the Superb. It is said he is gone to protect the fleet of merchantmen coming from Landscröna, who are not supposed to be sufficiently protected. The Ranger gun brig is expected to go shortly to England as convoy. The Ranger came into Hawk Road this morning.
Extract from the Gottenburgh Newspaper, called "The Allehland," of the 29th of March.
STOCKHOLM, March 22.
Yesterday morning the following report was received from General Von Doibein, dated 20th inst.
"On the 19th the out posts of the army near Gresshamn, were attacked and drove back by the enemy's cossacks, dragoons, and chassens. This van-guard was commanded by the Russian General Knorring. In a short time after a letter came to insinuate General Von Doibein, from the Russian Commander in Chief, General Knorring, whose contents were, that as he was assured by what had been communicated to him by his Royal Highness the Duke and Protector of the kingdom, that the Swedish Government was disposed to enter into negotiations for peace, and likewise knew that it coincided with his Royal Master's sentiments, he had immediately given orders for all hostilities to cease, & ordered Gen Knorring to return to Aland with the troops under his command. Gen. Knorring also delivered a letter to Lieut. General Barclay de Tolly. In the event of negotiation, he had already passed the Gulf, immediately to return to the Finland shore. General Knorring mentioned that similar orders were sent to Wassa, by way of Abo."
STOCKHOLM GAZETTE of March 24.
The following circular letter, addressed to the Public Boards, Courts of Justice and Consistorie, has been lately issued:—
"Charles, by the grace of god, &c. Whereas in consequence of the events which have lately taken place, his Royal Majesty is not able to superintend and direct the affairs of the realm; therefore, we being the only Prince of the royal Family who is of age, have found ourselves obliged to assume until further notice the reins of government, and shall endeavor to acquit ourselves of this arduous task, in such a manner that the empire may regain its former tranquility and peace both abroad and at home, and trade & industry be revived; it being our firm determination to deliberate jointly with the other States of the realm on the means which shall appear best calculated to promote the welfare of the Swedish people—we therefore charge and command you to evince towards us that fidelity and attachment which our sincerity of heart, and the prosperity of the country, implicitly demand at the present time. Your official reports are to be addressed to his Royal Majesty in the same form as when, during the minority of the King, we presided over the management of the concerns of the State. We, &c."
CHARLES. M. ROSENBLAD. Stockholm Castle, March 13, 1809. According to intelligence received from Trieste, the Russian men of war are victualing for several months, and, according to report, they are on the point of setting sail for the Black Sea.
MISCELLANEOUS.
ORATION
DELIVERED ON THE NINETEENTH INSTANT, AT THE MEETING OF THE MANUFACTURERS AND MECHANICS OF PHILADELPHIA.
BY DR. ADAM SEYBERT.
FELLOW-CITIZENS, I should derive infinite pleasure and satisfaction, if, at this meeting, I could trace for your view, a correct and detailed history of the origin and progress of the Arts and Manufactures in the United States. A task like this, would be gratifying to me, because I should be enabled, thereby, to pay a tribute deservedly due, to many of our industrious and ingenious citizens. I have to regret, that the short notice of this honorable duty being assigned to me—the extent of the enquiry—the numerous and important objects embraced therein—but, above all, the very limited knowledge, which I possess, on these subjects, are difficulties which I cannot surmount. I will, therefore, only attempt to sketch a general outline, which may hereafter be shaded and perfected, by those who are more familiar and conversant, with these objects of national importance. My remarks will be introduced, without any regard to systematic arrangement. The facts, which I will state, in general, bear no reference to time or place. Their importance will be tested, by your experience and judgment.
Numerous circumstances tend to convince us, that the arts were the consequences of the necessities of mankind, and their discovery may generally be attributed to accident. As the human race increased in numbers, some of them were found necessary to obtain the various articles of food, others had their share in preparing these, and fitting them for the body; and some simple it may have been, the clothing, however the arts already established, were succeeded by a new series, which resulted from imitation and curiosity. Even chance had its share in this respect. These arts were followed by those of convenience and luxury, which has been considerably augmented, by the assiduity of research and the exercise of the genius of all nations.
The progress of information is always the fruit of slow and painful experiment; as respects the arts, this has been very gradual. Many centuries have elapsed, without bringing some of them to a state of apparent perfection. In this country, they may generally be considered as still in their infancy.
It is time to do away that arbitrary distinction, which separates the arts into liberal and mechanical. This division, made in the dark ages of superstition and tyranny, is founded on false pride and ill-conceived prejudice. I maintain, there is no art whatever, which has not certain fixed principles to regulate and improve its practice.
No one should content himself, by merely executing and reducing to practice, the rules which science has suggested—we should reason and enter the field of speculation, thereby our pursuits will be varied and improved. Let us adopt this fundamental truth, that there is an intimate connection between all the arts, and that they all form important links, to constitute the chain of human acquirements. This doctrine will teach us the necessity and utility of a free and social intercourse between artists of every description, which ultimately tends to the perfection of every branch of useful knowledge. An ill-founded jealousy is too prevalent amongst artists. This, to be lamented, should consist only in a proper spirit of emulation, to rival each other in the perfection of their art. By such conduct, we contribute to diffuse that species of knowledge, which calls into action the industry of a people, and it is that alone, which can be considered as the true source of the riches of the state.
We need not dread the encroaching number of artists and manufacturers. The more numerous, the more will there be who reflect to combine and imagine new means to raise them above the estimation of their fellow artists—in this way, which new machines be invented, and the best manipulations be discovered—thence will arise a saving of time, the price of labor will be lessened, and industry will be augmented—in no country are these circumstances of more consequence than in our own.
A want of education, and the prevalence of numerous prejudices, tend much to retard the progress of the arts and manufactures. I do not mean it shall be understood, that every artist or manufacturer should have received what is termed a liberal education. I only intend to convey the idea, that he should be enabled to study the numerous publications, in the language most used in this country, which treat of the objects of his occupation. It would be of infinite advantage to many artists to be somewhat acquainted with natural history.
Education enables the artist to have intercourse with the world. Thereby he will be furnished with the improvements of all other nations. Every artist should be acquainted with the principles upon which his art depends.
Fixed and determined principles, which can only be acquired by a well-directed system of education, can alone enlighten and improve the practice of the artist and manufacturer, and that kind of knowledge which is founded on matter of fact, is alone of value to us.
The uncertainty of many of the operations which are performed in manufactures, may be attributed to the want of a knowledge of those principles which form the true basis of the arts upon which they depend; an intelligent writer has well observed, "a study more intimately the principles of your art, and you will be able to foresee, to predict and to calculate every effect."
Although a mere random genius has made astonishing discoveries and improvements without any aid, but of native sagacity, it must be obvious that much more might have been done, if assisted by extensive knowledge, and a more liberal education. The improvements of the arts & sciences depend much upon the situation, the efforts and the industry of man, for he, who in civilized life, made many of the most brilliant discoveries in natural philosophy, would but a savage, if fortune had committed him to the wilderness, without the opportunities which social life affords.
As many of the most useful arts are dependent upon chemical principles, it becomes us to encourage the diffusion of this important branch of knowledge, throughout our extensive country—it would be worthy the nation to establish schools for this kind of instruction applied to the arts—All the operation of those who work in metals; the art of brewing, baking, bleaching, dyeing, tanning, refining of sugar, distilling—those of pottery, glass and soap-making—the making of wine, starch and vinegar—also those which furnish indigo, Prussian blue, and many other valuable preparations are dependent upon chemistry.
Num:rous splendid prejudices which retard the progress of the arts, and manufactures have been propagated with zeal by many interested persons in various districts of the U. States.
Many err in maintaining, that machinery has been brought to such perfection, as to be beyond further improvement. Others inform us of the existence of numerous pretended secrets, a knowledge of which they say is essentially necessary: in some instances, the extent and effects of such like deceptions, have surpassed all calculation—these false doctrines take us from established principles, and we are induced thereby to neglect the axiom which teaches us that the most simple means are only requisite to accomplish the most astonishing results.
Many false calculations, respecting the price of labor in our country, compared with Europe are ingeniously circulated, and wonderfully deter many from attempts which, in their results, appear to be highly advantageous. When labor is spoken of by deceiver, they always calculate upon the price paid to able bodied men, and that at the highest rate. They allow nothing for the employment of women and children, or the adoption of labor saving machinery.
Undertakers are sometimes discouraged by the advice of their friends, who state too much as depending upon chance or the hazard of experiment. More frequently they are determined by the clamor of the enemies of American establishment. A late writer has well observed, that "sad experience has shown us the most beautiful inventions brought into contempt, and the highest merit blasted, by malignant clamor."
The fear of incendiarism, has considerably retarded the establishment of manufactures in our country. I am unwilling to believe, that this cause is founded to the extent which some imagine—at the same time, I confess the necessity of guarding against the villain, who for a trifling bribe, would destroy the lives, and effect the ruin of many virtuous and industrious citizens. I do not have it supposed, that I maintain no difficulties do exist, which counteract the success of new establishments.—With you, my fellow-citizens, I regret, that the contrary is but too true.
The ignorance of foreign pretenders who undertake to conduct establishments, has proved destructive to many, and much deception is practiced by them. There are persons who come to this country, and pretend to be perfect masters of their art, who, at best, are only acquainted with a subordinate branch thereof.—This arises from the manner in which business is conducted in Europe, more particularly in England; each individual being confined to a very limited part of each branch; whereas, with us, it is the custom to be several in one establishment. In England we are informed "a pin goes through eighteen several distinct operations," and "that many hands concur in the formation of a watch; but very few of whom are so well acquainted with the whole mechanism, as to be able to put the watch together, or to calculate the different wheels of which it is composed." These modes of proceeding are said to have their advantages: experienced persons declare that dispatch and excellence depend upon the division of labor, and to this attribute the perfection of English manufactures. In England, the most simple piece of work passes successfully through a multitude of hands, before it is finished.—each operation occupies a different workman, who by repeating the same incessantly becomes habituated to perform it with as much celerity as exactness.
All the prejudices and difficulties enumerated may be overcome by industry and application—A wise government may do much to aid the praise worthy adventurers—the beneficial results to the arts and manufactures, by a proper and sufficient protection from government, have been long experienced in France and England; one, who was best qualified to decide on this subject, asserts, "that all the common advantages cannot assure the prosperity of an establishment, unless the laws and regulations of the state are calculated upon the true interests of manufactures, by giving them a proper protection."
The great Colbert, who labored much to secure the peace, the independence, the prosperity and the glory of France, perceived the beneficial tendency of establishing manufactures, and inviting well-informed artists from all countries. His efforts carried the arts to such a degree of perfection, that France became possessed of the means of supplying her neighbors with better models and with various articles, before obtained by her from them.—From France learned men were dispatched, into all parts of the world, to study the arts and to collect their productions. Such was her estimation of the arts, that, whether in war or at peace, voyages of discovery were planned and held sacred from the ravages of hostile nations; and every encouragement was given to the artisans and manufacturers at home. Traces of this wise policy evinced themselves, even during the most gloomy periods of the revolution.
England, as early as the reign of Edward IV. saw the wise policy of laying protecting duties in favor of her manufactures, notwithstanding the articles which they furnished, might have been procured at a much cheaper rate from France, Germany & India. The benefits resulting to the nation from the adoption of these measures, were so evidently demonstrated, that additional duties were from time to time added to those already existing, until at length it was enacted, that every person, buying or selling certain imported articles, were subjected to a penalty of 200l. Such were the efforts of the government to protect domestic industry. Individuals associated and formed regular societies, by which a general spirit of emulation was diffused throughout the kingdom; the arts were placed in a situation to be permanent; and they flourished to a degree unrivaled in former times.
Such examples merit our serious attention, and are worthy of imitation, especially under present circumstances. I believe it is generally admitted as a fact well established, that, within the last eighteen months, the quantum of capital engaged in, and the number of persons who have entered into, the creation of manufactures, in various parts of the union, far exceed any precedent in the annals of our history.—The adventurers are entitled to protection, since public opinion, generally expressed, as well as the doctrines promulgated by many of the members of our general and state governments, afforded every reason to conclude that their efforts would be seconded by the Legislature, so as to render their establishments permanent and lasting. Should a contrary system fatally take place, it will bring ruin on many and highly deserving citizens, and will perhaps for ever paralyze the exertions of a judicious and enterprising people.
The genius of our country is not limited or confined to any one object—as regards the general diffusion of knowledge, we advance in a ratio which is only equalled by our unparalleled increase of population—we have established our liberty and independence by efforts, which at first were supposed to be impracticable—and we overcame difficulties which were calculated as insurmountable. We gained the olive branch and triumphantly presented it. We have many reasons to pride ourselves as American citizens; our country gave birth to him who has been stiled first in peace, first in war, and first in the hearts of his fellow-citizens. We can rank as one of
our brethren, him who conducted lightning from the clouds to subject it to the control of man.—We are enabled to boast of one, who, though self-taught, from the exercise of his genius and a refined knowledge of mechanics, contrived and put a world in motion. We can, likewise, claim an individual whose mallet and chisel execute such exact resemblances to nature, that with difficulty we persuade ourselves they do not respire. We have furnished many respectable mathematicians, astronomers and orators. Our politicians rank among the first. Many of our countrymen might be named who are highly respected in Europe, for their general knowledge of science. Our physicians are respectable, and deservedly hold the confidence of a discerning public. We have a great proportion of our citizens engaged in the most arduous and extensive commerce. I regret to state, that we have not evinced a becoming enthusiasm in promoting our manufactures, by connecting our sons with these important establishments.
(To be continued.)
THE SUBSCRIBERS, TAKE LEAVE TO INFORM THEIR FRIENDS AND THE PUBLIC IN GENERAL, THAT THE EAGLE-TAVERN,
IN the City of Richmond, will hereafter be conducted under the immediate management of GEORGE TURNER, they having formed an engagement for this purpose. They entertain the most sanguine hopes that their unremitting exertions will entitle them to patronage and favor. Every comfort which necessity may require, or which taste may suggest, will be procured with avidity and pleasure. They are determined, if possible, to render the EAGLE, in every department of their business, agreeable to their guests and a pleasant abode to the stranger. Their solicitude upon this score has induced them, at considerable expense, to make some important changes in the arrangement of the rooms. They feel a great sense of confidence in assuring their friends that they will meet with every convenience and attention that a house of this character is calculated to afford. Their Bed Rooms are furnished with an entire new set of Beds and furniture, with a suit of curtains to each, and the floor covered with carpets.
Their stables are large & commodious (which will always be furnished with a full supply of the best provender the country affords) stands within twenty steps of the house, with a pump of excellent water at the door, for the purpose of watering and washing the horses.
They take leave further to state, that a COFFEE ROOM has lately been established in one of the rooms of the Eagle, in which the newspapers from all the principal towns on the continent are to be seen. With these advantages, & these determinations, in which they are resolved never to relax, they can but hope for the most flattering success.
GEORGE TURNER, JAMES S. SMITHERS.
N. B. The printers throughout the U. States who now direct their papers to Jas. S. Smithers, are requested to insert the above one week, and in future direct to Turner and Smithers.
G T & J S S. May 9. tf
LANDS FOR SALE.—By virtue of a Deed of Trust, executed by John W. Baylor, late of the county of Albemarle, State of Virginia, to the Subscriber (of the county of Caroline,) to secure the payment of two sums of money, in said Deed expressed, due to Thos. Burke and Benjamin Gatewood, late of the said county of Caroline: Will be sold on Thursday, the 29th day of June, 1809, at the old Dwelling-House where Major Henry Burke formerly lived, on the premises, to the highest bidder, conformable to an Act of the last General Assembly, passed the 31st day of January, 1809, concerning executions and for other purposes: EIGHTEEN HUNDRED AND NINETY-FIVE ACRES OF GOOD FARMING AND TOBACCO LAND. Laying on Buck Mountain Creek, in the aforesaid county of Albemarle, or so much thereof, as will be sufficient to pay the aforesaid debts and interest, together with the costs of sale.
The above LAND was formerly the property of Maj. Henry Burke, deceased, which was purchased by the aforesaid Baylor, since his death, and will admit of being divided into three or four different lots, which may be done to accommodate purchasers if required.
JOHN SHIP, Trustee. T 6 tf
VIRGINIA, to wit:—At a Chancery District Court, held in the City of Williamsburg, the 14th day of April, 1809.
Kendall Lee Plff against Ann Spiller, widow of Benjamin Spiller, deceased, Benjamin Spiller, Susan Hurst, George Smith and Nancy his wife, and Grace, Patrick, Roxanna and James Spiller, infants, by the said Benjamin Spiller their guardians, and William Spiller and Hickman Spiller Defs.
THE defendant, William Spiller, 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 this country: On the motion of the plaintiff, by his 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 one of the Richmond newspapers, for two months successively, and posted at the front door of the former Capitol in this city.
A Copy, ANTY. ROBINSON, C. C. w8w
VIRGINIA, to wit:—At a Chancery District Court, held in the City of Williamsburg, the 15th day of April, 1809.
Wm. McFeters and James Wardlaw Plffs against John W. Fox and Elizabeth L. Fox, infants, children and heirs of John Fox the younger, and John Lewis administrator of the said John Fox, Ann Fox, Thomas B. Fox, William Fox, Henry Fox and Isaac Shelby Defs.
THE defendant Isaac Shelby, 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 this country; on the motion of the plaintiffs, by their 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 plaintiffs, and that a copy of this order be forthwith inserted in one of the Richmond newspapers, for two months successively and posted at the front door of the former Capitol in this city.
A Copy, ANTY. ROBINSON, C. C. w8w
VIRGINIA, to wit:—At a Chancery District Court, held in the City of Williamsburg, the 15th day of April, 1809.
John Scruggs Plaintiff, Vs Wm. G. Briant & James Martin Defendants.
ON the motion of the plaintiff, by counsel, and it appearing to the satisfaction of the court, that the defendant Briant, is not an inhabitant of this state; It is ordered and decreed, That unless the said Briant shall appear here at May Court next, and answer the plaintiff's bill, the same will be taken for confessed as to him, and the matter thereof decreed 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 at the front door of the court-house of this county.
A Copy, R. ELDRIDGE, jr. D. C. w8wp
April 18. w8wp
FOR LONDONDERY, GREENOCK AND LIVERPOOL. The fast sailing ship Perseverance, Capt. Pole, now lying at Bermuda Hundred—She is Philadelphia built, has excellent accommodations for passengers, and is expected to sail about the 10th of next month.—For passage only, apply to the Captain on board, to John Bell, Esq. of Petersburg, to John Granbury, Esq. of Norfolk, or to, M. W. HANCOCK. Richmond, May 22.
FOR CORK, THE FAST SAILING SHIP NANCY; William R. Noyes, Master—Now lying in the Port of Richmond, and will sail in a few days. For Passage only, apply to THE CAPTAIN, on board, or to WILLIAM BROWN & Co. June 2.
IN CHANCERY—Buckingham County, March Term, 1809. John Russell Plaintiff, against Wm. G. Briant and James Martin Defendants. ON the motion of the plaintiff, by counsel, and it appearing to the satisfaction of the court, that the defendant Briant is not an inhabitant of this state; It is ordered and decreed, That unless he shall appear here on or before June Court next, and answer the bill of the plaintiff, the court will then proceed to take the same for confessed as to him, and decree the matter thereof accordingly, and a copy of this order be forthwith published in some public newspaper of the city of Richmond, for two months successively, and another copy posted up at the front door of the court-house of this county. A Copy, R. ELDRIDGE, jr. D. C. w8wp
IN CHANCERY—Buckingham County, March Term, 1809. Elizabeth Taliaferro administratrix of Charles Taliaferro, deceased Plaintiff, against John Basskerville, Jr. Defendant. ON the motion of the plaintiff, by counsel, and it appearing to the satisfaction of the court, that the defendant is not an inhabitant of this state; It is ordered and decreed, That unless the said defendant shall appear here on or before June Court next, and answer the plaintiff's bill, the court will then proceed to take the same for confessed, and decree the matter thereof accordingly, and that a copy of this order be forthwith published in some public newspaper of the city of Richmond, for two months successively, and another copy be posted up at the front door of the court-house of this county. A Copy, R. ELDRIDGE, jr. D. C. w8wp
FOR SALE—A VALUABLE TRACT OF LAND, lying on the banks of James River, nearly opposite to the Westover Estate; containing between eight and nine hundred acres, bounded by the river upwards of a mile; by the land of Mr. Harrison of Maycocks and the Road leading from Cooke's ferry to Petersburg; upon one fourth part of the tract is cleared; it has some grass land and affords a good range for cattle, has a good landing place, and a profitable fishing place might be made on it, at a small expense; it has no improvements except an old dwelling house. This land, with proper tillage, would make a good wheat farm. One fourth part of the price will be expected on giving possession, and for the residue a credit of two, four and six years will be given if required. Miles Selden, junr. will be good enough to shew the land. T. G. FEATCH. Williamsburg, April 25. wtf
PURSUANT to the last will and testament of the Rev. Matthew Maury, late of Albemarle county: We shall, on Friday, the First day of September next, (if fair, if not, the next fair day) expose to public sale, on the premises, that valuable and highly improved FARM, on which the deceased lately resided, containing between 1300 and 1400 acres. About 400 acres of this land are cleared and in excellent condition for cultivation, of which about 40 acres are very fine meadow. There is on the plantation, a great variety of fruit trees, among which is a well selected apple orchard of about two hundred trees in high perfection. This Land is intersected by a vein of excellent lime-stone, parallel with, and two miles distant from the south west mountains. There are on this plantation, a large convenient Dwelling House, a large Barn, Stable, and all other necessary buildings in very good condition for the accommodation of a large family. The quality of a land is very good, well adapted to the growth of tobacco and corn, and particularly so from experiment, been proven capable of deriding from experiment, been proven capable of deriding from Paris. We will allow a credit of one, two and three years, on the purchase money; for which we shall require a lien on the land and approved personal security. The land may be seen by application to either of us who reside on it. MATTHEW MAURY, Acting THOS. W. MAURY, Executors. Albemarle County, Va. 15th May, 1809. w5w
HATS, SHOES, PORTER, &c. D. J. MURR, offers for sale, at the same house in which is kept the Penitentiary Store, second door above the Eagle-Tavern, A COMPLETE ASSORTMENT OF HATS, Including Gentlemen's black, drab and patent Silk BEAVERS, CASTORS, RORUMS, &c. Chip and Leghorn Hats, Mens' and Boys' Wool do. Servants' Glazed Leather do. Hatters' Trimmings and Materials. SHOES, Ladies' Morocco and Kid Slips and Ties, Gentlemen's superfine press Shoes and Pumps, Constantly on hand a large stock of bottled Porter, Ale and Cider, Philadelphia Beer, &c. &c. April 18. tf
LANDING from the Schooner RICHMOND, Isaac Scaman, Master:— 50 Boxes Raisins, 10 Boxes Soft Shelled Almonds, 5 Casks Green Coffee, 19 Barrels Prime Pork, and 1 Pipe London Particular Madeira Wine. IN STORE. 17 Hogsheads Brown Sugar, 25 do. Molasses, 5 Tierces Green Coffee, 75 Boxes Hay mch Segars, 3 Bales Welch Planes, Family Flour in barrels and half barrels, Young Hyson, Hyson Skin and Souchong Tea, 10 Boxes Mould Candles, FOR SALE BY, GEORGE WATT. January 17. tf
Merchant's, Lawyer's, Sheriff's and Constable's BLANKS, For Sale at this Office.