The enquirer (Richmond, Va.), 1809-02-17 00:00:00

The Enquirer.
Vol. 5.]
RICHMOND, FRIDAY, FEBRUARY 17, 1809.
[No. 91.]
PUBLISHED BY THOMAS RITCHIE, OPPOSITE THE GLOBE TAVERN, AT FIVE DOLLARS PER ANNUM, PAYABLE IN ADVANCE
TO THE PUBLIC. —Whereas, in consequence of various supposed provocations, I have been induced, at sundry times, to utter and publish severe and unmerited strictures on the conduct and character, of my late partner, Mr. John Lisle, of this city—I now feel myself called upon, in justice to that gentleman, and in conformity with the advice of my friends, thus to avow my regret at having been instrumental to the injury of his feelings or character.
(Signed) MACALL MEDFORD. Witness, GEORGE RUNDLE. Philadelphia, Jan. 23, 1809.
In consequence of the above, and the solemn declaration of Mr. Macall Medford, that he is unable to discharge the monies I claim of him, I have agreed to discontinue my pursuit of said claim, and my intention of prosecuting him for a libel.
JOHN LISLE, Late JOHN LISLE JR. Philadelphia, Jan. 28, 1809.
JOHN KING, has just received an additional supply of Fancy and other GOODS , which he will sell at his usual cheap rates for cash. February 7.
WILL BE SOLD, to the highest bidder, on Thursday, the 23d of February next, at the late residence of Major Robert Mabry, dec'd, the tract of LAND , whereon Nathaniel Fells now resides, containing one hundred and twenty six acres. Terms of which will be made known on the day. Also, several NEGROES , a valuable stock of HORSES , among them is a fine stud, six years old, by Saltram, several valuable brood MARES , GELDINGS & work HORSES , stock of CATTLE , several articles of household and kitchen FURNITURE , a parcel of DRY GOODS , and sundry other articles too tedious to enumerate. A credit till the 25th of December next, on all sums above ten dollars. Bond and approved security will be required before the property is removed. The subscriber earnestly requests all persons having claims against the estate, to make them known as early as possible, that provision may be made for their discharge; and those indebted to the estate will be so good as to come forward and make payment, as the situation of the estate will not admit of any indulgence. At the same time & place, will be sold, several valuable brood MARES , COLTS and work HORSES , some CATTLE , several articles of household FURNITURE , belonging to the estate of Rebecca Mabry, dec'd. If any person has any claim against her estate, they will please to come forward and present them.
GEO. MABRY, Administrator with the Will annexed of Robert and Rebecca Mabry, dec'd. South-Hampton, February 7.
ON Thursday, the 16th day of March next, will be sold, to the highest bidder, in the town of Manchester, at the tavern of Zachariah Brooks, upon a credit of twelve months, the following PROPERTY , belonging to the estate of Wm. Friend, dec'd, viz. twelve or fifteen likely SLAVES , consisting of men, women, boys and girls, a WAGGON and harness, a GIG and harness, sundry articles of Husbandry, a few valuable Books, & a handsome Fowling Piece. Bond and approved security will be required of the purchasers.
THOMAS BRANCH, Executor. At the same time and place, will be sold, on a credit of twelve months, sundry articles of valuable household FURNITURE and PLATE , the property of Mrs. Ann Friend.
All persons having claims against the estate of Mr. Friend, dec'd, are again invited to bring them for said properly authenticated, and those indebted thereto, will please make payment without delay.
THOMAS BRANCH, Executor. February 10.
FOR SALE, a likely Mulatto BOY , about 15 years of age, has been accustomed to house service. For terms apply at this office. January 19.
CASH GIVEN FOR STOCK of the United States, and CERTIFICATES of the State of Virginia, by ROBERT POLLARD. February 10.
BY virtue of a deed of trust, executed to the subscriber, on the 29th day of January, 1806, by Richard Johnson, and recorded in the county Court of Albemarle, to secure the payment of a debt due by said Johnson, to McCrea, Higginbotham & Co. I shall proceed, on the first Monday in March next, (being All. market day) to sell, to the highest bidder, for ready money, at the front door of Tiptlett T. Estey's tavern, in the town of Charlottesville, the following SLAVES , viz: Waggoner, John, and his wife Rose, Toney, Mary. Being only interested as trustee, I shall convey such title only as is vested in me as such.
GEORGE GARRETT. February 3.
LANDING from the Schooner RICHMOND, Isaac Seaman, Master— 50 Boxes Raisins, 10 Boxes Soft Shelled Almonds, 5 Boxes Green Coffee, 10 Boxes Prime Pork, and 1 Pipe London Particular Madeira Wine. IN STORE. 17 Hogsheads Brown Sugar, 25 do. Molasses, 5 Boxes Green Coffee, 75 Boxes Half hogsheads, 3 Boxes Welch Plums, Fancy Flour in barrels and half barrels, Young Hops, Hops Skin and Souchong Tea, 10 Boxes Mould Candles. FOR SALE BY, GEORGE WATT. January 17.
THE Plantation belonging to the estate of the late Alexander Banks, dec'd, containing by estimation, 127 acres, will be sold, on Saturday, the 18th of this month, at Mr. Lankford's tavern, near Manchester. A credit of 12, 18 and 24 months will be given on three-fourths of the amount, for the other fourth, each will be required. About one half of this Land is in woods, and well adapted to the culture of small grain and corn. The Land is only three miles from Manchester, and joins the turnpike road, and is well calculated for a small family.
There is an excellent Grange on the premises, and with little expense, the Dwelling-house could be made comfortable. A deed of trust upon the Land, to secure the payment, with approved security, will be required.
R. GRAHAM, Administrator of the estate of A. BANKS. February 7.
NOTICE. —Cash given for Northern & South Bank NOTES at a moderate discount by SIMPSON MORRIS. Richmond Dec. 14.
PROPERTY FOR SALE. —The subscriber desires of removing to the western country, offers for sale his HOUSES & LOTS , in Richmond. He deems a particular description unnecessary, and wishes those inclined to purchase, to view the property. The dwelling-house, for elegance and convenience, is certainly not inferior to any in the city; the offices are commodious; the garden and yard will be laid out in a style adapted to the buildings, and the situation combines the advantage of privacy and convenience to that of proximity to the scene of business.
A small portion only of the purchase money will be required at the time of the sale, and the residue in such instalments as may be agreed on, or slaves will be received in payment, for a part or the whole of the property. JOHN BROCKENBROUGH. January 27.
A YOUNG MAN, who can come well recommended, for industry, honesty and sobriety, that understands the management of Negroes, may hear of employment, on application at this office. February 14.
CASH will be given for four or five Negro MEN , and as many good work HORSES . Apply to the Editor of this paper. February 14.
THE Subscriber will practice LAW, in the Superior and Inferior County Courts, of King & Queen, Essex and King-William. Those who favor him with their business, may rely on his attention and punctuality. G. R. TRANT. King William, Feb. 10.
VIRGINIA, to wit: At a Chancery District Court, held in Williamsburg, the 5th day of November, 1808. Samuel Coleman, executor of John McLean, Plaintiff—against Richard Fletcher, executor of Francis Ruffin, who was executor of Robert Newsum, Samuel Butler and Martha his wife, late Martha Cooke, Martha Cooke, infant daughter of Robert Cooke, and Martha his wife, by John Newsum her guardian, John Newsum, administrator of Robert Cooke, deceased, George K. Taylor, Richard F. Taylor, Robert Burchett and Ann his wife, Watson Stott and Sarah his wife, and Elizabeth Taylor—which George K. Taylor, Richard F. Ann, Sarah, and Elizabeth are children of Richard Taylor, deceased, who was a partner of Richard Taylor and Company; and George Wray her devisee and executor of Jacob Wray, who was executor, heir, devisee & legatee of James Wray, who was a partner of Richard Taylor and Company, Defendants.
The defendants Watson Stott & Sarah his wife not having entered their appearance and given security according to the Act of Assembly, & the rules of this court, & it appearing to the satisfaction of the court, that they are not inhabitants 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 terms, and answer the bill of the Plaintiff: and that a copy of this order be forthwith inserted in some newspaper, of the city of Richmond, for two months successively, and posted on the front door of the former Capitol, in this city. Attest, ANTHONY ROBINSON, C. C. January 21.
CONGRESS.
HOUSE OF REPRESENTATIVES.
Debate on raising the Embargo, and authorizing Letters of Marque and Reprisal—Continued.
FRIDAY, JAN. 20.
Mr. J. G. Jackson said, that the mode of filling this blank, must depend most materially on the course which the House should think proper to pursue. He said, he should be governed much in the vote which he should give by the supposition that the course would be such, as should be consistent with the honour and dignity of the nation. He hoped, gentlemen would not be diverted from the course which was proper, by this or that publication, in any newspaper; that they would never vary their course in conformity with the suggestions of others, nor deviate from the course, which they pursued, because newspapers had proposed a contrary one. I, said Mr. Jackson, will not be influenced by newspaper publications, because our affairs are too important for us to be influenced by their attacks on the House, or on the government; neither will I be influenced by a fear of exciting insurrection if our measures be not abandoned, believing that our course is correct, and that it is indispensable to maintain our course at all hazards, even at the point of the bayonet. And I beg of gentlemen, not to be diverted from what has been declared the only course of honor and propriety, by the intimidating threats or inflammatory resolutions of a few popular meetings. I am convinced that the great mass of this people will pursue such a course, as will convince those opposed to the laws in force, that if constitutionally enacted, they shall be enforced till they be constitutionally changed; and if we do subscribe the views of those who are determined to put down the laws at all hazards and change our course, we deserve not to remain in the councils of the nation, we ought to be supplanted by men who will do what is right, regardless of the consequence. If our measures be right, the people will support us; and if wrong, the elections will produce a change in the policy of the national councils—a pacific one, not forced upon us at the point of the bayonet. I am of opinion that the first of June is the proper time with which to fill the blank in the resolution before you for many substantial reasons, most of which have been urged by my friends, who last addressed you. It will be recollected that our last accounts from Europe are only down to the first of December. Important events are taking place there having relation to our affairs, by the pressure of the belligerents upon each other, and perhaps upon ourselves. I know that an idea was advanced, and it could not have escaped the recollection of gentlemen, in the letter read yesterday. (Mr. Canning's answer to Mr. Pinkney) that this government, had been influenced in its conduct towards Great Britain, by its negotiations with France. The ministry of the for-
mer has been induced to believe the false charges originated from prostituted presses here, and waited across the Atlantic, that there is a design in this government to subscribe the views of France, to coincide in the views of the French emperor. I believe, sir, that the perusal of the documents, laid before the House at the commencement of the session, will induce them to entertain a different opinion. What would be said, were we to let loose our vessels to morrow, with letters of marque and reprisal, if, before they were well launched on the ocean, the winds of March should waft to us a vessel bearing the olive branch in her prow? We should justly be accused of precipitating, for not giving time to the nations of Europe, to consider what course they shall pursue towards us.
It will be seen that my argument is predicated on the idea, that war must follow a revocation of the embargo. I cannot suppose after an almost unanimous vote of this house, that they could not submit without a sacrifice of their rights, honor, and independence, that they will submit. I conceive that letters of marque and reprisal must unquestionably follow a removal of the embargo, because any other course would virtually amount to submission. Aiming our vessels cannot possibly have any good effect. What would be the consequence of such a measure? We admit the right of search for contraband of war; and to resist it would be an act of war or piracy. If a belligerent vessel meets one of ours armed for neutral trade, and discovers that it is of inferior force, resistance would be ineffectual, and would completely seal the destruction of the vessel. If the force of our vessel were superior, which would not be the case perhaps one time out of ten, the cruisers would sheer off till it were reinforced with the assistance of another; arming our merchant vessels would produce no good effect then, and we must issue letters of marque and reprisal, if we would not submit. But gentlemen say, let us fix on an earlier day, that we may catch the Northern speculators. The national debt must not be spread and drawn, sir, for such petty purposes as crushing a few dishonest men, who in the pursuit of money have prostituted the honour of the country as far as depended upon a rigorous execution of its laws. If we listen to such policy, we shall change our opinions every day, as much as if we listened to newspaper abuse from that quarter. I concur heartily in saying, that it would not be a threat to either nation to declare that the embargo shall be repealed and letters of marque and reprisal issued. It will be a lure to both. Neither nation can consider it as a threat to itself, but to its enemy. And if they should choose to consider it as a threat, it has been said frequently that another course could not be pursued; for were we to make this declaration with closed doors, many instances have proved that the precaution would be ineffectual. The declaration by the act for an extra session, that the month of June will be the limitation to the embargo, was as effectually notifying G. B. that we would pursue a different course, as if we were now formally to declare it. I am therefore of opinion that the change of measures should not take place till the first of June; the interval between this time and that will give an opportunity to the European powers to say whether they will have war with us or do us justice; and no man there has pretended to defend either the orders or decrees, on the ground of right or the law of nations. I hope they will show that they have yet a little justice left—for they must see that the imputation, that this government is yielding to the influence of France, or that it is hostile to England, is the most shameless falsehood that can be conceived. The offer to repeal the embargo as to Great Britain if she would repeal her orders in council, was an offer to take sides with Great Britain. I hope that they will be convinced that it is their interest to change their policy towards us; I trust that their people will, as they have done heretofore, change their ministry for the purpose of changing their measures. They will have seen that we ask but half justice at their hands; that the embargo law is but continued for the purpose of avoiding war with them; that we are willing to receive our embargo, if they will withdraw their orders leaving to friendly adjustment the affair of the Chesapeake and a thousand other acts, each of which might be cause of war. I think that I understood the gentleman from Massachusetts (Mr. Cook) to say, that the course which he suggested was not perhaps correct, but that the people pressed it upon him. Sir, I hope the House will not, like the gentleman from Massachusetts, be influenced by such considerations to do that which their judgement tells them is not correct; but will pursue the line of their duty without being diverted from it by the wishes of any particular class of people.
Mr. Nelson said he rose to make a few and very few observations on this subject. Two or three different days had been mentioned with which to fill the blank. He had heard no reason which satisfied his mind that the period should be postponed till the first day of June. He said he was sorry that the resolutions had been introduced into the House. He knew not whether it was not proposed to give up the best system that could be adopted, to take up another which was totally untried. He objected to the introduction of the resolution, upon two grounds, one of which had been given as a reason for introducing the resolution, viz. that the embargo is at this time a dead letter and could not be executed. I believe, (said Mr. Nelson) that it is not reduced to the situation of a dead letter yet; and I believe that it can be enforced without bloodshed, and that the honor of the government is as much at stake on that point as on any point in contest with foreign nations.
What is our situation, sir, according to the arguments of gentlemen? A law has been passed by the general government, within its constitutional power, which is acquiesced in by nineteen-twentieths of the people. But the remaining portion, perhaps not so large a portion as one twentieth, have made opposition to it, have made a noise and clamor against it—and now we are called upon to give it up. The next general law we pass may operate severely on the southern states; the people may make a
noise; the walls of Charleston may be covered with cannon, and noisy demagogues may run up and down the streets, haranguing the people, and we might repeal it. The next law might operate on the people of the western country. They might perhaps follow the precious example of the eastern people, brush up their rifles, tell us this is a hard law, and therefore we must repeal it. Is this government? Is a government of this kind worthy of support? Away with it, sir, and let the people form a government which is worthy of support, a government which is capable of supporting itself. It is not come to this, sir. It is all mere idle declamation. If we adhere to our system, there is no doubt that it can be carried into effect. The 50,000 volunteers which have been decreed as intended to enforce the embargo laws, were never calculated on for that purpose. No, sir, the people there are as strong as any where, and it will be necessary to put down a few traitors, the people of the country can do it. It is not necessary to march men from one state to another to put down rebellion or insurrection. The people will put it down. Every man of reflection in the north and east would reason with himself in this way—
"What are these people about to do? They are about to overturn all law, by undertaking to decide the constitutionality of laws which are undisputed, by the proper authority. If these things are acquiesced in, what becomes of my property, which is only secured to me by law? If the people can put down one law, they have the same right to put down another." Would not every man of property, of rationality, argue thus? Surely he would; for that man must be a madman who would wish to see any law put down in this way. So long as a law is un-repealed, it is the law of the land, and while it is, every man will say, it ought to be carried into effect until it is constitutionally repealed. Then, I ask, whether are we about to give up this system, to do one of two things, viz. either to submit to Great Britain and France, or to enter into war? There is not an individual in the nation who would agree to submit. What will be the consequence of war, and what its result? No one can tell. Will it bring money into our pockets? I fear not. Will it redound to our honor? I fear not. Will it procure us the object we aim at? I fear not. What is there of the belligerents that we can get at? We can affect but one; all her territory on this continent may be got. Is it worth retaining when in our possession? I believe not. Submission is out of the question; and however I deprecate war, I had rather go into it at once, than repeal the embargo and do nothing else; for if we wage another war for seven years, and are unsuccessful, we can do no worse than submit at last. It is better to submit after resisting, than to submit without resistance. As the man acts a more honorable part who resists an insult than the man who will take offence at nothing. We had better have our houses and property burnt for ever, and involve ourselves in a national debt for ages, than submit to the belligerents. We are in a dangerous situation, such as we were never in before. And I will ask another question—What reason have we to believe, that those who will not support an embargo, because it operates on a foreign nation, will go to war with us against that nation? Why, sir, when those people oppose our laws constitutionally enacted, the evil is great. But if we enter into a war, and they will not go with us, but directly or indirectly aid the enemy, will not our situation be worse? Those very men who set your laws at defiance, if you go to war, will be against you. But let what will come, whatever may happen, is better than submission. If we give up the embargo system, the sooner we go into the other the better. Two reasons have been given why the repeal of the embargo should be postponed till the first day of June. It is said that by so doing we shall have time to raise men.
Sir, at the last session a law passed for raising troops. We find it not easy to get the troops in this country where the wages of the laborer are so high and of the soldier so low. It is not to be expected that a man who can get ten dollars a month, be well fed, and sleep under a good cover, will put himself under the power of any officer, who has absolute sway over him, for five dollars a month, when he must sleep in the open air and undergo all the hardships incidental to a state of war. Add to this, a man who enlists for a soldier is able to have his brains blown out, and that is generally considered as an inconvenient circumstance, sir. Our soldiers therefore are generally enlisted from among that class who are too idle to work for their livelihood. There are not, thank God, a great many of that class of men in society; and there not being a great many, is the reason why recruiting goes on so slowly in this country. Between this day and the first of June, you would scarcely be able to raise 3,000 men. And would these men, in that time, be better soldiers than so many militia? No, sir, time and discipline alone can make soldiers. Raise men now, and by June they will know but very little more of discipline than our militia. If then men could not be raised, or if raised could not be disciplined before the first of June, this argument in favor of postponing the repeal of the embargo till that time is done away. Another argument in favor of the first day of June, is, that we will take the last chance of peace. I am tired of this, sir. We have taken at least thirty chances of this kind. If we must go to war at last, it would have been vastly better after the attack on the Chesapeake. It is taking a chance in a lottery which consists entirely of blanks and no prizes. In order to prevent our striking the first blow on the first of June, either of the belligerents may strike us before that time. They will know that we cannot strike till the first day of June, and they may therefore take the first day of May. If the embargo is to be given up, I do not care how soon, if it be to morrow. And I beg the House to understand me. I never will let go the embargo, unless on the very same day on which we let go the embargo we draw the sword. I shall vote for that part of the resolution relating to a repeal of the embargo, because I do not wish to check the wishes of the House on the subject; for when the embargo is once taken off, it cannot be done with an unanimous
vote; as to the second part of the proposition, I shall also vote for drawing the sword; but if I should be in the minority on that, when the subject comes into the house, I shall vote against every part of the proposition.
Mr. Gardener said it seemed that the house was on the eve of commencing a new experiment; that they had declined the far-off one, which was promised to be so very effectual, the efficiency of which it had at one time been considered stupid for any man to doubt; that they were about to lay that by—and for once, he said, it seemed that he was likely to be in the majority. He was happy to compliment the wisdom of the House on the occasion. He was, however, unfortunately, one of those whose confidence in the author of experiments in this country had not been at all increased by the issue of that experiment which had been 13 months a coming to an issue. He said he must therefore be permitted to doubt of any proposed experiment. In respect to the present proposition, sir, said he, I feel myself, as it were, walking in the dark, with a blind guide. Therefore I must exercise the humble privilege of judging for myself, of endeavoring to feel out for myself my own way, to the great conclusion. I have, however, made one reflection, on what I have heard on this subject—that on this occasion we are not overwhelmed with a profusion of promises of any good effect to be derived from the measures proposed.
It appears to me, and I take it as a happy omen, that no gentleman has ventured to say that war would obtain the objects for which alone war ought to be waged. I recollect, sir, that you were told, when the embargo was laid, that it would have the best effect. There were many who believed it; a majority of this House believed it. And for myself, when I looked at the sources whence this encouragement, this prophecy proceeded, I was myself almost inclined to doubt whether it would not work well. But now no one appears to believe that the proposed measure will bring us to any issue whatever, to any termination of the distresses of the country; and yet, because it is spirited, brave and manly, we are to plunge the nation into a war, and sacrifice all that the embargo has left us. No one tells you that such a course would be productive of any advantage. I cannot go into a measure, sir, from which even the friends of it do not hope any good. I do not like fighting merely for the sake of fighting, when there is no object in view. It is exhausting the nation when it is growing to be powerful. I will engage in no Quixotic expeditions. I will go to fight no wind-mills. I will, as was said by a gentleman from Kentucky, (Mr. Lyon) who says many very sensible things in this House, sir, let the nation grow. The nation has not arrived to that state of manhood in which it can claim superiority. The policy of the present day be pursued, it will be a rickety infant; it may be a spunky spiteful child, but will have no strength, and will never command respect. I therefore say again with the gentleman from Kentucky, let the nation grow; let that be the policy of the government, and we shall be respectable for that policy. Every thing which derogates from our strength, tends to render us unimportant as a nation.
It is with sensations of the deepest regret that I have heard gentlemen on this floor make use so frequently of the term rebellion, and apply it to a portion of the country in which, I venture to say, no spirit of rebellion exists. If a consciousness of their rights, and, among those rights, the right of pursuing their own happiness, be rebellion, you have rebellion enough in that country, sir. Have we come to this already, that when a people are ground down into dust, when all their fair prospect of prosperity is blasted, when they have no hope even for existence, when the comforts of life are even taken away from them, when they experience nothing but suffering—when such a people, convinced (as I think all reasonable people must be convinced) that this is to produce no good purpose, rise up and say that they cannot consent to be martyred to this, that it shall be called rebellion? It is too much for human nature; they have borne sufferings of a most unexampled character for months, but, in hopes that the speculations of our political theorists might be realized, they have submitted to them, and vented their dispositions only in memorials to the President before the commencement of Congress, for they conceived that when Congress met, there could be no doubt of their being relieved. When Congress met nothing was done. What would you have of them? They have intelligence; they are capable of judging of their own interest. This people, so belligerent, so wise (and after this at least I hope I shall be considered as a good republican) see with a great many others, that this embargo, however it may operate on one of the belligerents—I believe it is not pretended that it operates on the other—cannot possibly operate to such an extent on the former as to bring that nation to terms. Then, say they, all this excessive suffering to which we are subjected, is to no purpose; we must still go on supporting this state of things, without being encouraged by the slightest glimmering of hope. Can you ask it? Can you expect it? Recollect that if on the one hand the government is entitled to respect, there is a people for whose benefit that government was instituted; and it cannot be expected, whatever may be said here, when the government does not do good for them, that they will say that they will support it. No people ever did say so. You are too theoretic; you cannot expect it. But to call this decision of the people, to call this decision, when expressed in the deep-toned language of indignant patriotism, rebellion—Sir, I cannot and a word to express my ideas at hearing the majesty of the people assailed in this way; and as a Representative of the people I will not endure it; it is abominable.
(Mr. Gardener's Speech to be continued and debate continued.)

HOUSE OF REPRESENTATIVES.
FRIDAY, Feb. 10.
Mr. Jer. Morrow from the land committee, to whom was referred a petition of sundry inhabitants in the Mississippi territory, respecting Spanish claims on certain lands, reported by bill, which was referred to a committee of the whole.
The house resolved itself into committee on the bill for making appropriation for the year 1809. Mr. Pickett in the chair. After being amended, the house took it up, and ordered it to a third reading.
The house then resolved itself into committee on the bill "concerning associations for the security of navigation."
Mr. Dewees in the chair.
This bill embraces provisions for merchant vessels to arm, and to go in company, agreeably to the regulations made by law heretofore, but it appeared by the argument to be peculiarly calculated to protect and assist each other in East India voyages against depredations in that quarter. The arguments used were but of little interest. It was amended, and passed to a third reading for to-morrow.
Mr. Newton, from the committee of commerce and manufactures, reported a bill in favor of Wm. Lee and others, which was twice read and committed to the whole house for to-morrow.
EUROPE.
PHILADELPHIA, Feb. 10.
Swedish sloop Robert, capt. Henry 13 days from St. Bartholomew, has arrived in the Delaware. Capt. Henry has favored us with West India Gazettes of a late date, from one of which we copy the following:
BARBADOES.
Bridge-Town Dec. 24.—While we have been looking with solicitude to the blockade of Martinique, as collateral with other measures meditated upon, it is with regret we see, either "from the superior good fortune of the enemy, or by a fatality attending the efforts of our navy" the object almost frustrated. The fact in few words is—Considerable succours have been thrown into Martinique! and this too, notwithstanding we have been long apprized that the enemy was expecting the arrival with others of the very vessel which has now eluded all our vigilance and given him a supply of 2000 barrels of provisions, and a reinforcement of 200 troops. But we shall tell this more in detail as we have heard it;
The Amphitrite French frigate sailed from Cherbourg on the 13th Nov. in company with the Juno and Venus (two other frigates) all with troops and provisions. On the 3d Dec. in lat. 22, the Amphitrite having previously separated from her consorts, fell in with the ships Lord Cranston and Lydia, of and from Liverpool, bound to St. Kitts and St. Croix. The Lydia was immediately captured and the L. Cranston after a short but spirited resistance soon after surrendered. The Amphitrite having also taken a Portuguese schooner from Lisbon bound to Liverpool, which she burnt, put her crew with those of the two British vessels (amounting in all to 150 persons including three ladies passengers of the Lord Cranston) on board an American brig bound to Baltimore; and having also burnt the Lydia, kept the Lord Cranston in company, with the positive instructions to the officer given in charge of her to avoid by every possible means a separation; and in the event of doing so by subsequent orders or from unavoidable accident to proceed without delay to Martinique; but any danger appearing on her arrival off that island, he was then to endeavor to get into Guadalupe, and failing there to proceed to St. Domingo; observing, at whatever port he arrived, immediately to put this valuable prize under the especial care of the provisional governor of the place. These precautions have however been unavailing;—the Lord Cranston parted by accident in a squall, on the night of the 17th inst. and on the 20th proceeding according to instructions to Martinique, fell in off Trinity with part of our blockading squadron, and was, we are happy to state, re-captured by the Pompee and the Fawn, and sent in here, where she arrived on Thursday.
Dec. 17.
The facility with which the enemy continue to elude our navy adds still increased regret to that which, already, we have had but too much cause to express. We cannot contemplate the uninterrupted success with which he daily, as it were, throws succors into his islands, without a conviction of there being either a want of judgment in the disposition of our blockading squadron, or a too great negligence in carrying it into effect. To one or other of these causes, or to a peculiarly favoring Providence, we can alone attribute the uninterrupted succession of arrivals at Martinique and Guadalupe, when we have been previously apprized, not merely of their being previously expected, but of their actual approach. Thus has it been with the Juno (consort with the Amphitrite) which has slipped into Guadalupe, and there as the other did at Martinique, landed both troops and provisions. Information of this is derived from Domingo, where, on Thursday last, a French cartel from Guadalupe gave the intelligence; stating that the Juno was safe in Point-a-Petre, having on board 900 bbls. of provisions, a large supply of ammunition, and 260 troops.
It evidently seems, too, that other succors and supplies besides the above, and what we have before known to have been thrown into those islands, are now actually near at hand, if not already arrived. The St. Christopher sloop of war, capt. Halliday, having the packet lately from hence under convoy fell in on the night of the 19th inst. with a small squadron to windward of Montserrat, the headmost of which after hailing, several times without receiving an answer, she exchanged broadsides with, both pursuing their course; the enemy more intent to gain his party, than achieve a victory; and the St. Christopher, avoiding the unequal contest with so superior an adversary—the vessels (few in number) in company with the one engaged on passage also appeared to be frigates, although from the darkness of the night it could not be distinctly ascertained. It is however imagined here, that this frigate and companions be voyage are the convoy from Cherbourg, which are understood to be expected among others at Martinique; and a Jersey report states them to have since arrived.
Nor are these, according to reports which gain confidence by their frequent repetition, the only succors that the enemy is anxiously
looking for, to rescue him from present apprehended subjection. We now have it that Ganteaume with 12 sail of the line and 7 frigates, are actually at sea, bending their course circuitously and cautiously towards Martinique. Be it as it may, there certainly have been some late accounts transmitted here, which hastened the Admiral from this anchorage. Sir Alexander Cochrane, in the Neptune, left Carlisle Bay early on Sunday, preceded the evening before by the Ulysses, ordered to sea unexpectedly on a destination not originally intended; and we understand that it is the Admiral's intention to concentrate his whole force off Martinique, to meet the enemy before he shall reach his port. We look to such a encounter with confidence, having nothing to fear but in the too great superiority of numbers of the enemy; even with the advantage of which he has once already evaded the anxious sought battle. Other reports, however, diminish the strength and number of the enemy's expected squadron, and even reduce it to one three decker, and a few frigates and brigs.
Extract of a letter, dated Liverpool, Nov. 29, received at New York.
"On the 26th instant an American sch. arrived here, said to be from New York, loaded with 400 bbls. turpentine and 41 bales cotton; she brought one of the owners out, who I understand is a Mr. Marshall, a Scotch gentleman; but as she is without papers, the captain of the Princess frigate seized her yesterday, and she will probably be condemned as a Brite of Admiralty. I understand the American consul has taken cognizance of this breach of the laws on his country, and that the American minister has been made acquainted with the fact—I think the schooner's name is the Jane. Be so good as to publish in the newspapers for the information of gentlemen who are disposed to evade the measures government has resorted to, that all such vessels will be seized, and that they are liable to be condemned."
I hope the government will more rigidly enforce the Embargo; its consequences on this country are sure to produce decided effects, if persevered in—I am confident the people cannot subsist until next harvest unless they have supplies from America.
"The President's message is looked for with great anxiety; it is expected to be hostile towards this country, and many people here calculate on a non-intercourse bill and more rigid enforcement of the Embargo &c. &c."
"If your Electors are in favor of Democratic characters, the country will be saved; if not, I am apprehensive of the consequences. I heartily join the patriotic part of my countrymen and say NO TRI-BUTE."
DOMESTIC.
FREDERICKSBURG, Feb. 15.
At a Meeting of the inhabitants of Fredericksburg, and its vicinity, at the Town Hall on Friday the 16th of February, 1809, for the purpose of expressing their opinion upon the present political state of affairs:
RICHARD JOHNSTON, Mayor, was appointed Chairman and
ROBERT S. CHEW, Secretary.
On motion made and seconded: Resolved, That a committee be appointed to draft and submit to this meeting, resolutions upon the occasion: and a committee was accordingly appointed, consisting of the following gentlemen:
David C. Ker, Carter L. Stevenson, Hugh Mercer, John W. Green, John Taliaferro, Thomas Goodwin and William Smock; who withdrew and after some time reported the following resolutions.
Resolved, That as the opinion of this meeting, that at a time when our country is assailed by the hostility of Great Britain and France, consenting in us, when those powers have only answered the repeated remonstrances of our government against those injuries by aggravated injury and insult: by their monstrous orders and decrees, effectually cutting off the greater portion of our external commerce: which one of those nations, not content with attempting to impose upon us a tribute, for the liberty of navigating the ocean, has had the temerity to assail our domestic peace, by intriguing for the purpose of fomenting divisions amongst ourselves which she vainly hopes to see terminate in a division of these states—and when we find a portion of our citizens, accidentally or designedly, giving encouragement to the hopes and wishes of that government—it becomes the indispensable duty of all good citizens, forgetting the little distinctions of party, to rally around the government of their country; devoting themselves to the support of their government and their rights, against the aggressions of foreign nations, and the attempts of domestic faction.
Resolved, That as the opinion of this meeting, That no peace is the true policy and interest of this country, and is dear to us individually, yet it may be purchased at too high a price; most certainly if it involves a sacrifice of the rights, interests and independence of the nation.
In the just confidence, therefore, that the government of the United States will take effectual measures to repel the injustice of our enemies, and to place the great interests for which we are contending, on a solid and permanent basis,
Resolved, That we will, by all means in our power, and to all extremities, support the government, in all measures, which may be resorted to for the purpose of vindicating the rights, interests, and independence of the nation.
Resolved, That we lightly disapprove of the inflammatory proceedings of several towns in the state of Massachusetts, as calculated to have a most pernicious effect upon our affairs, both at home and abroad; yet we confidently trust, that the good sense and patriotism of the eastern people, will finally triumph over the intrigues and violence of party spirit.
And the question being put upon the said resolutions, they were unanimously adopted.
On motion made and seconded, Resolved, unanimously, That a copy of the proceedings of this meeting, and of the said resolutions, be transmitted to JOHN DAWSON, Esq. our representative in Congress, accompanied with the thanks of this meeting, for the manly and dignified course he has pursued, relative to the measures of government.
Resolved, unanimously, That a copy of these proceedings be published in the Virginia Herald.
RICHARD JOHNSTON, Chairman.
ROBERT S. CHEW, Secretary.
The resolutions were reported by D C Ker, Esq. Chairman of the select committee, and supported by John W. Green, Esq. in an able speech of about an hour; in which he feelingly depicted the situation of our country, as to its foreign relations; commented upon the fatal tendency of that opposition which some of the eastern people are making to the government; and ended, by urging the great necessity of giving (at this critical period) our support to the government. Herald.
CHARLESTON, Feb. 8. The French national brig Leprieux, capt. Dela Gnecco, out 27 days from Martinique, put into this port yesterday in distress, having carried away both her masts. She mounts 16 thirty-two pound carronades, and has 97 men. It is reported, that she contradicts the account of the capture of that island by the British, and that she has captured and burnt a British vessel, off this port—but as our boat was not permitted to board her, we cannot answer for the correctness of these reports. Courier.
PHILADELPHIA, Feb. 10.
GREAT NEWS!!!
The System settled, and Peace Preserved.
The Caucus at Washington, on Monday evening, was rather a public than a private meeting. The doors were not closed. Several moderate republicans, and one federalist, attended. Mr. Giles made an able speech, in a style compassionate and conciliatory towards the Eastern People. Messrs. Eppes and J. G. Jackson abandoned the War System. It was decided by 61 votes to 2, to REPEAL THE EMBARGO on the fourth of March. Messrs. Bissett and Taylor were the dissentients. It was decided not to issue letters of Marque. The question of an ARMED COMMERCE was left open for decision in the House. The Volunteer Army Bill was given up. A NON-INTERCOURSE LAW is to be passed, to take effect at a distant day, if another effort for peace shall fail—An ARMY of Sixteen Thousand Men, is to be raised, and the Executive is to be authorised to borrow TEN MILLION OF DOLLARS.—Freeman's Journal.
NEW YORK, February 10.
Capt Tupper, of the brig Sir George Prevost, informs, that before he left St. Kitts, accounts had been received of the arrival at Martinique, of two or three frigates and some brigs with troops from France. That Sir George Prevost with 4000 English troops from Halifax, had arrived at Barbadoes. It was said that Sir George meant to go from thence to winter at Bermuda; the Expedition against the French islands having been abandoned.—N.Y. Gazette.
A letter was received in town yesterday from Augusta, dated the 1st of January, 1809, which states, that five French frigates had recently arrived at Martinique, and two at Guadalupe, from France full of troops and provisions.—New York paper Jan. 9.
MASSACHUSETTS LEGISLATURE. HOUSE OF REPRESENTATIVES.
THURSDAY, Feb. 2, 1809.
ORDER OF THE DAY.
Agreeably to assignment the House took up the report of a Committee on two Resolutions submitted to the House, on the 14th November last, by Mr. Crowninshield, on the subject of the "British Orders in Council," of Nov. 1807, and "the Decrees of France" of no date.—[These resolutions were then committed to Messrs. Gore, Crowninshield, Hough of G. Morton and Ives, with instructions to report at the next session.]
The following is the Report of the Committee:
REPORT.
The Committee to whom were referred the two Resolutions that accompany this Report, and which were proposed for the consideration of this House, have duly attended to their commission, and ask leave to report, that, in their opinion, it is inexpedient to pass the same, for the following reasons.
By the Constitution of the United States, the foreign relations thereof are exclusively vested in the national government—with that government rests the obligation, to consider of and act upon the doings of other nations—with it rests also, a knowledge of the conduct of other nations—their motives and pretensions, and how far the same may have been sanctioned, or encouraged by the government of the U. States.
The communications which have passed between the United States, and the nations referred to, in the proposed resolutions, are in a great degree unknown to the Legislature of Massachusetts; any opinion, therefore, of the House of Representatives, on this subject, would be founded on an imperfect knowledge of what relates thereto, & might from the same cause be erroneous.
The House could not rely on the partial information, which is allowed to escape from the Executive Cabinet, much less on that diminished portion, with which the citizens or Legislature of Massachusetts are deemed worthy to be entrusted, from the secret sessions of Congress, for the correctness of any opinion, they might form on so important a matter. Influenced by the limited information, with which the Government of the Union has seen fit to indulge the public, some persons might be induced to adopt the sense of the first resolution, & conclude, that both nations, therein mentioned, had at the same time, with equal wantonness, and like disregard of our rights and their duties, enacted the offensive Decrees and Orders—that the same measure of opposition, to both nations, either in principle or practice, declare the reverse.
The decrees of France in 1704, and 1744 declare all goods, of the growth or fabric of an enemy's country liable to confiscation, unless bound from an enemy's port, direct to the port of the neutral owner.—An ordinance by the court of France delivered to the states general of the United Provinces, and published by authority in the Utrecht Gazette, July 1755 declares, if any Dutch ships carry any goods or merchandise of the growth or manufacture of the enemies of France, they shall be esteemed good prize, but the ship shall be discharged. On the 9th of May, A. D 1793, France authorised the capture of neutral vessels laden with provisions, belonging to neutrals, but bound to enemies' ports. This decree was prior, by one month to the order of Great Britain, of similar import.—On the 23d of the same month she declared it should not extend to American vessels, which latter decree, she repeated, on the 28th of the same month of May, and the first remained in force. On the 21st of July she again decreed as on the 23d May.—Twenty-seven days afterwards, this decree was repealed, and that of the 9th May remained in force until the 4th January, 1795. On the 27th November, 1795, the French Commissioners at Cape Francois, authorised the capture of all American vessels bound to or from English ports. February 1st, 1797. Commissioners at Cape Francois ordered the capture of all vessels bound to any ports in the West Indies, delivered up to the English and all vessels cleared out generally for the W. Indies.
In January, 1793, France declared that the condition of ships in every thing, which concerns their character as neutrals or enemies, shall be determined by their cargoes, and every vessel found at sea laden in whole, or in part, with merchandise, coming out of England, or its possessions, shall be declared good prize—whether may be the proprietors of such commodities or merchandise, and this decree is founded expressly on the ordinance of 1704.
It is therefore an incontrovertible truth, that France, from the earliest time, and certainly prior to the year 1756, has adopted, in principle, and in practice, broader rules for limiting the commerce of neutrals, and condemning their property, and with fewer and shorter intervals of regard to their rights, than has been assumed by her enemy, and of course could, on no ground be justified by the pretence, that the decree of November 1806, and the subsequent one of Milan, condemning the property of neutral, because the vessels had been spoken with by British cruisers, were a retaliation for similar violations of public law by her foe.
The second resolve proposed assumes as a fact, that the measures adopted by the Congress of the United States, in the last year, which were the acts imposing an embargo on the trade of her citizens, were measures of resistance against France and G. Britain. An assumption which would be scarcely decent for this legislature to adopt, when the President had pledged his word, which ought to be sacred, to both those nations, that they were not measures of hostility, as appears by the letter of the Secretary of State to the Minister of the United States at the court of France, under date of February 8, 1808, and by a similar letter to our Minister at the court of London, under date of Dec. 23, 1807.
And surely the legislature of Massachusetts would be altogether unmindful, of its duties, should they attempt to pledge the people of this commonwealth to sanction any measures the Congress might see fit to adopt, after the fatal experience of their measures for the last year—measures which however intended, have produced only distress any wretchedness at home, disgrace and degradation of our national character abroad.
A short review of the circumstances and condition of the United States from the adoption of its present constitution, and the conduct of the different administrations under them, may serve to show what the interests and honor of the nation did, and do require to be done, on the part of our government.
It is well known, that when Congress first assembled, under the existing constitution the administration was encompassed with the most serious embarrassment, at home and abroad—embarrassment arising out of the waste of capital, the defect of credit and want of revenue at the conclusion of the war—embarrassments proceeding from the reciprocal claims of the United States and Great Britain, relative to the execution of the treaty of peace—embarrassments concerning the navigation of the Mississippi; and embarrassments, aggravating all such as before existed, which arose out of the French revolution, and that were followed by extensive depredations, committed on our commerce by England, by France and by Spain.
With these obstacles to contend with, the peace and neutrality of the nation were impartially asserted and maintained—with England our ancient controversies were satisfactorily adjusted—the posts on our frontiers were given up—Indian wars extinguished—adequate compensation, for depredations committed upon our trade, obtained and the national faith redeemed, by provisions for the final settlement of British debts. By Spain our right to the navigation of the Mississippi was recognized, and indemnity secured for the illegal capture of our vessels.
With France, a new treaty was concluded annulling her unjust decrees, granting us security, as far as the faith of nations can be so considered, against their future re-establishment, and containing her submission to the act of Congress, which declared the old treaties void, by reason of their violations on her part.
Thus with foreign nations our ancient controversies were adjusted, and those of a recent date and which had grown out of a fierce and unexampled war, were composed.
At home, agriculture, manufactures, the fisheries, navigation and commerce were encouraged, and extended—the credit of the nation was revived, its capital enlarged, and its revenue established—the public arsenals were replenished, a naval force created and the American name upheld, and revered throughout the world.
In this condition of unexampled prosperity at home, and of peace and consideration abroad, our present rulers were called to the administration of the public affairs—& what has been the fruit of their labors? Let the following facts answer—
Our Agriculture is discouraged, The Fisheries abandoned, and Navigation forbidden—
Our Commerce at home restrained, if not annihilated, Our Commerce abroad cut off, and Our Navy sold, dismantled, or degraded to the service of cutters and gun boats.
The revenue extinguished.
The course of Justice interrupted.
The military power exalted above the civil, and by setting up a standard of political faith, unknown to the constitution, the nation is weakened, by internal animosities and division, at the moment, when it is unnecessarily & imprudently exposed to war with G. Britain, France and Spain.
So great a change, accomplished in so short a time, is unexampled even in the history of weak and unfaithful administrations, and can have proceeded only from the want of that capacity, impartiality and prudence, without which no government can long preserve the prosperity or the confidence of the country.
The dawn of the present administration promised an impartial and patriotic course and the citizens anticipated a continuance of the public and private enjoyments, which distinguished our land; but these expectations were soon disappointed, by the avowal of a system of political persecution and proscription, which has interrupted the harmony of a good neighbourhood, and gone far to destroy the happiness of social intercourse.
The conclusion of the late war in Europe afforded a favorable opportunity to enter into negotiation for the purpose of establishing such maritime provisions, as in the event of future war, would secure the navigation and trade of the U. States, against a repetition of injuries, they had so lately suffered. This opportunity was wholly neglected, and the commercial and maritime treaty with Great Britain, the first naval power in the world, was suffered to expire without a single attempt, that we have ever heard of to obtain its renewal.
See page 15 of Madison's letter to Armstrong.

The war in Europe recommenced in 1805, and thereby our commerce was again exposed to interruption upon the ocean. These served as matters of official remonstrance, until 1806, when France passed the decree of Berlin, thereby violating the provisions of her treaty with the U. S. infringing the law of nations, and prostrating the commercial rights of all neutral states.
The decree is substantially and almost literally the same, as that passed by the French Directory, in 1793, and which president Adams in his speech to Congress, in Dec. following, pronounced to be "an unequivocal act of war, which interest as well as honor called upon the nation firmly to resist."
Congress accordingly proceeded to pass laws annulling the treaties with France, prohibiting all commercial intercourse with the French dominions, and providing for the equipment of a naval force, for the defence of our just rights.
The country cannot have forgotten the protection afforded to trade by these measures, so honorable to the nation—measures by which our flag was respected in every sea, and the skill and courage of our officers and seamen displayed, in battle, with the ships of France.
It was in consequence of these decisive acts, that an early communication was made to our government, of the desire of France, to return to the relations of peace and to the authority of public law, and the convention which was soon after concluded by our government, with the person who now sways the sceptre of France, accomplished these important objects.
Had our rulers after the promulgation of the decree of Berlin, followed the example of their predecessors, the English orders would not have been issued, nor should we now have to deplore the distress that afflicts the country.
If, then, these evils might have been avoided, by imitating the example of 1793, may they not yet be removed, by retracting the erroneous steps which have been taken, and by adopting now those measures which then proved efficacious?
To this end, let Congress repeal the Embargo, annul the convention with France, forbid all commercial intercourse with the French dominions, arm our public and private ships, and unfurl the republican banner against the imperial standard.
This done, the English Orders would cease to operate, we should hear no more of the unparalleled folly of contending, at the same time, with all the great powers of Europe—our trade to every region of the globe, except France and her dependencies, would again recover and flourish—our agriculture would feel the influence of the emancipation of trade, and hand in hand, with general prosperity, the revenue of the nation would once more exceed its expenditure.
Therefore Resolved, that it is inexpedient for this House to adopt and pass the Resolutions proposed.
By order of the committee. C. GORE. House of Representatives, } January 28, 1809. } The preceding Report was adopted on the 3d inst. Yeas 195. Nays 127.
It is currently said, in respectable circles, that Mr. GARDENIER has been repelled from the mess of Messrs. BAYARD and other federal gentlemen of Congress, in the following way.
At a table a conversation took place touching a separation of the United States: in which, it is stated, Mr. GARDENIER advocated the measure as a salutary one. Mr. BAYARD asked him if he adopted that as a sentiment consonant to the federal party? To which Mr. GARDENIER replied in the affirmative. Mr. BAYARD then appealed to the gentlemen present if it was a federal sentiment. And they gave it unanimously against Mr. GARDENIER. He afterwards left the room.....Monitor.
NORFOLK, February 8. We learn that Commodore DECATUR is to take the command of the frigate United States—and capt. HULL to take that of the Chesapeake-Herald.
The ships Nancy and Six Sisters, sailed from Hampton Roads for New-Orleans, on Sunday last, having on board a detachment of troops of the U. S. L. Inf.
THE ENQUIRER.
RICHMOND, FEBRUARY 17, 1809.
No news-paper mails north of Fredericksburg have arrived for the two last days—of course we have no late congressional proceedings from Washington to lay before our readers. We are indebted to a member of Congress, for the following very interesting Bill. We presume that this Bill, has been presented by the Committee on Foreign Relations to whom the various propositions had been referred—and marks out, we must presume again, the course of measures which will be ultimately pursued. The reader will perceive that it contemplates Non-Inter-course & Embargo as to France and G. B.—a free trade as to the rest of the world. On this subject we expressed our own sentiments at some length, at the commencement of the session. It is useless to repeat them.
FEBRUARY 11, 1809. READ THE FIRST AND SECOND TIME, AND REFERRED TO A COMMITTEE OF THE WHOLE HOUSE, ON TUESDAY NEXT.
A BILL.
To interdict the commercial intercourse between the United States and Great Britain and France, and their dependencies and for other purposes.
Sec. 1. 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, the entrance of the harbors and waters of the United States and of the territories thereof, be and the same is hereby interdicted to all public ships and vessels belonging to G. Britain or France, excepting vessels only which may be forced in by distress, or by being pursued by an enemy, or which are charged with dispatches or business from the government to which they belong, and also packets having no cargo nor merchandise on board. And if any public ship or vessel as aforesaid, not being included in the exception above mentioned, shall enter any harbor or waters within the jurisdiction of the United States, or of the territories thereof, it shall be lawful for the President of the United States, or such other person as he shall have empowered for that purpose, to employ such part of the land and naval forces, or of the militia of the United States, or of
the territories thereof, as he shall deem necessary, to compel such ship or vessel to depart.
Sec. 2. And be it further enacted, That it shall not be lawful for any citizen or citizens of the United States or the territories thereof, nor for any person or persons residing or being in the same, to have any intercourse with, or to afford any aid or supplies to any public ship or vessel as aforesaid, which shall enter any harbor or waters within the jurisdiction of the United States or the territories thereof, and if any person shall, contrary to the provisions of this act, have any intercourse with such ship or vessel, or shall afford any aid to such ship or vessel, in furnishing her, her officers or crew with supplies of any kind or in any manner whatever, or if any pilot or other person shall assist in navigating or piloting such ship or vessel, unless it be for the purpose of carrying her beyond the limits and jurisdiction of the United States, every person so offending shall forfeit and pay a sum not less than one hundred dollars, nor exceeding ten thousand dollars; and shall also be imprisoned for a term not less than one month, nor more than one year.
Sec. 3. And be it further enacted, That from and after the day of next, the entrance of the harbors and waters of the United States and the territories thereof, be and the same is hereby interdicted to all ships or vessels sailing under the flag of G. Britain or France, or owned in whole or in part by any citizen or subject of either; vessels hired, chartered or employed by the government of either country for the sole purpose of carrying letters or dispatches, and also vessels forced in by distress or by the dangers of the sea, or by being pursued by an enemy, only excepted. And if any ship or vessel sailing under the flag of Great Britain or France, or owned in whole or in part by any citizen or subject of either, and not excepted as aforesaid, shall, after the said day of next arrive, either with or without a cargo, within the limits of the United States or of the territories thereof, such ship or vessel, together with the cargo, if any, which may be found on board, shall be forfeited, and may be seized and condemned in any court of the United States or the territories thereof, having competent jurisdiction.
Sec. 4. And be it further enacted, That from and after the twentieth day of May next, it shall not be lawful to import into the United States or the territories thereof, any goods, wares or merchandise whatever, from any port or place situated in Great Britain or Ireland, or in any of the colonies or dependencies of Great Britain, nor from any port or place situated in France, or in any of her colonies or dependencies, nor from any port or place in the actual possession of either Great Britain or France. Nor shall it be lawful to import into the United States or the territories thereof, from any foreign port or place whatever, any goods, wares or merchandise whatever, being of the growth, produce or manufacture of France, or of any of her colonies or dependencies, or being of the growth, produce or manufacture of G. Britain or Ireland, or of any of the colonies or dependencies of Great Britain, or being of the growth, produce or manufacture of any place or country in the actual possession of either France or Great Britain.
Sec. 5. And be it further enacted, That whenever any article or articles, the importation of which is prohibited by this act, shall after the twentieth of May be imported into the United States, or the territories thereof, contrary to the true intent and meaning of this act, or shall after the said twentieth of May be put on board of any ship or vessel, boat, raft, or carriage, with intention of importing the same into the United States or the territories thereof, all such articles, as well as other articles on board the same ship or vessel, boat, raft or carriage, belonging to the owner of such prohibited articles, shall be forfeited; and the owner thereof shall moreover forfeit and pay treble the value of such articles.
Sec. 6. And be it further enacted, That if any article or articles the importation of which is prohibited by this act, shall after the twentieth of May, be put on board of any ship or vessel, boat, raft or carriage, with intention to import the same into the United States or the territories thereof, contrary to the true intent and meaning of this act, and with the knowledge of the owner or master of such ship or vessel, boat, raft or carriage, such ship or vessel, boat, raft or carriage, shall be forfeited, and the owner and master thereof shall moreover each forfeit and pay treble the value of such articles.
Sec. 7. And be it further enacted, That if any article or articles, the importation of which is prohibited by this act, and which shall nevertheless be on board of any ship or vessel, boat, raft or carriage, arriving after the said twentieth of May next in the United States, or the territories thereof, shall be omitted in the manifest, report or entry of the master, or the person having the charge or command of such ship or vessel, boat, raft or carriage, or shall be omitted in the entry of the goods owned by the owner, or consigned to the consignee of such articles, or shall be imported, or landed, or attempted to be imported or landed, without a permit, the same penalties, fines and forfeitures shall be incurred and may be recovered, as in the case of similar omission or omissions, landing, importation, or attempt to land or import, in relation to articles liable to duties on their importation into the United States.
Sec. 8. And be it further enacted, That every collector, naval officer, surveyor or other officer of the custom, shall have the like power and authority to seize goods, wares and merchandise imported contrary to the intent and meaning of this act, to keep the same in custody until it shall have been ascertained whether— And to enter any ship or vessel, dwelling-house, store, building or other place, for the purpose of searching for, and seizing any such goods, wares and merchandise, which he or they now have by law in relation to goods, wares or merchandise subject to duty, and if any person or persons shall conceal or buy any goods, wares or merchandise, knowing them to be liable to seizure by this act, such person or persons shall, on conviction thereof, forfeit and pay a sum double the amount or value of the goods, wares or merchandise, so concealed or purchased.
Sec. 9. And be it further enacted, That the following additions shall be made to the oath or affirmation taken by the masters or persons having the charge or command of any ship or vessel arriving at any port of the United States, or the territories thereof, after the twentieth of May, viz: "I further swear (or affirm) that there are not, to the best of my knowledge and belief, on board [insert the denomination and name of the]
goods, wares or merchandise, the importation of which into the United States, or the territories thereof, is prohibited by law: And I do further swear (or affirm,) that if I shall hereafter discover or know of any such goods, wares or merchandise, on board the said vessel, or which shall have been imported in the same, I will immediately, and without delay, make due report thereof to the collector of the port of this district."
Sec. 10. And be it further enacted, That the following addition be made, after the twentieth of May, to the oath or affirmation taken by— goods imported into the United States, or the territories thereof, viz: "I also swear (or affirm) that there are not, to the best of my knowledge and belief, amongst the said goods, wares and merchandise, imported or consigned as aforesaid, any goods, wares or merchandise, the importation of which, into the United States, or the territories thereof, is prohibited by law: And I do further swear (or affirm,) that if I shall hereafter discover any such goods, wares or merchandise, amongst the said goods, wares or merchandise, imported or consigned as aforesaid, I will, immediately, and without delay, report the same to the collector of this district."
Sec. 11. And be it further enacted, That if either G. B. or France shall revoke such of her orders, decrees, laws or edicts, as violate the lawful commerce and neutral rights of the United States, as generally acknowledged by the laws of nations, of which revocation the president of the U. S. shall give public notice by proclamation, the operation of this act, and also of the act laying an embargo on all ships and vessels in the ports and harbors of the United States, and the several acts supplementary thereto, shall, so far as relates to the nation making such revocation, forthwith cease and determine:—Provided, that all penalties and forfeitures which shall have been previously incurred by virtue of this, or of any other act, the operation of which shall so cease and determine, shall be recovered, and distributed in like manner as if the same had continued in full force and virtue: which commercial intercourse shall, by virtue of this section be again permitted, shall give bond to the U. S. with approved security, in double the value of the vessel & cargo, that they shall not proceed to any foreign port, nor trade with any other country other than those with which commercial intercourse shall have been thus permitted.
Sec. 12. And be it further enacted, That so much of the act laying an embargo on all ships and vessels in the ports and harbors of the U. S. and of the several acts supplementary thereto, as forbids the departure of vessels owned by citizens of the U. S. and the exportation of domestic and foreign merchandise to any foreign port or place other than Great Britain or France, or their colonies or dependencies, or places in the actual possession of either, be, and the same is hereby repealed after the fourth day of March: Provided, That all penalties and forfeitures which shall have been previously incurred by virtue of so much of the said acts as is repealed by this act, or which have been or may hereafter be incurred by virtue of the said acts, on account of any infraction of so much of the said acts as is not repealed by this act, shall be recovered and distributed in like manner as if the said acts had continued in full force and virtue.
Sec. 13. And be it further enacted, That during the continuance of so much of the act laying an embargo on all ships and vessels in the ports and harbors of the United States, and of the several acts supplementary thereto, as is not repealed by this act, no ship shall, by virtue of this act, be again permitted, shall be allowed to depart for such port unless the owner or owners, consignee or factor of such ship or vessel, shall, with the master, have given bond with one or more sureties to the U. S. in a sum double the value of the vessel and cargo, that the vessel shall not leave the port without a clearance, nor shall, when leaving the port, proceed to any port or place in Great Britain or France, or in the colonies or dependencies of either, or in the actual possession of either, nor be directly or indirectly engaged during the voyage in any trade with such port, nor shall put any article on board of any other vessel, and that she shall return to the United States (reasonable time being allowed for performing the voyage) within the time expressed by the bond; nor unless every other requisite and provision of the second section of an act, entitled "an Act to enforce and make more effectual an act, entitled 'An act laying an embargo on all ships and vessels in the ports and harbors of the U. S. and the several acts supplementary thereto,'" shall have been complied with.—And the party or parties to the abovenominated bond shall within a reasonable time after the date of the same, to be expressed in the said bond, produce to the collector of the district from which the vessel shall have been cleared a certificate of the landing of the same, in the same manner as is provided by law for the landing of goods exported with the privilege of drawback; on failure whereof, the bond shall be put in suit; and in every such suit, judgement shall be given against the defendant or defendants, unless proof shall be produced of such relanding, or of loss at sea.
Sec. 14. And be it further enacted, That so much of the act laying an embargo on all ships and vessels in the U. S. and the several acts supplementary thereto, as compels vessels licensed for the coasting trade, or boats, either not massed, or not decked, to give bond and to load under the inspection of a revenue officer, or renders them liable to detention, merely on account of the nature of their cargo (such provisions excepted as relate to districts adjacent to the territories, colonies or provinces of a foreign nation, or to vessels belonging or bound to such districts,) be and the same is hereby repealed, from and after the fourth day of March next: Provided however, That all penalties and forfeitures which shall have been previously incurred by any of the said acts, or which may hereafter be incurred by virtue of so much of the said acts, as is not repealed by this act, shall be recovered and distributed in like manner as if the same had continued in full force and virtue.
Sec. 15. And be it further enacted, That during the continuance of so much of the act laying an embargo on all ships and vessels in the ports and harbors of the U. S. and of the several acts supplementary thereto, as is not repealed by this act, no vessel, licensed for the coasting trade, shall be allowed to depart from any port of the U. S. or shall receive a clearance, nor shall it be lawful to put on board any such vessel any species of goods, wares or merchandise, unless a permit shall have been previously obtained from the proper collector, or from a revenue officer,
authorized by the collector to grant such permits; nor unless the owner, consignee, agent or factor shall, with the master, give bond, with one or more sureties, to the U. S. in a sum double the value of the vessel and cargo, that the vessel shall not proceed to any foreign port or place, and that the cargo shall be relanded in some port of the United States: Provided, That it shall be lawful and sufficient in the case of any such vessel whose employment has been uniformly confined to rivers, bays and sounds within the jurisdiction of the U. S. to give bond in an amount equal to one hundred and fifty dollars, for each ton of said vessel, with condition that such vessel shall not during the time limited in the condition of the bond, proceed to any foreign port or place, or put any article on board of any other vessel, or be employed in any foreign trade.
Sec. 16. And be it further enacted, That if any ship or vessel shall, during the continuance of so much of the act laying an embargo on all ships and vessels in the ports and harbors of the U. S. and of the several acts supplementary thereto, as is not repealed by this act, depart from any port of the U. S. without a clearance or permit, or having given bond in the manner provided by law, such ship or vessel, together with her cargo, shall be wholly forfeited, and the owner or owners, agent, freighter or factor, master or commander of such ship or vessel, shall, moreover, severally forfeit and pay a sum equal to the value of the ship or vessel, and of the cargo put on board the same.
Sec. 17. And be it further enacted, That all penalties and forfeitures arising under, or incurred by virtue of this act, may be sued for, prosecuted and recovered, with costs of suit, by action of debt, in the name of the U. S. of America, or by indictment or information, in any court having competent jurisdiction to try the same; and shall be distributed and accounted for in the manner prescribed by the act, entitled "an act to regulate the collection of duties on imports and tonnage," passed the 2d day of March, one thousand seven hundred and ninety-nine; and such penalties and forfeitures may be examined, mitigated or remitted, in like manner, and under the like conditions, regulations and restrictions, as are prescribed, authorized and directed by the act, entitled "An act to provide for mitigating or remitting the forfeitures, penalties and disabilities, accruing in certain cases therein mentioned," passed the third day of March, one thousand seven hundred and ninety-seven, and made perpetual by an act passed the eleventh day of February, one thousand eight hundred.
Extract of a letter from Port Stoddard on the Mobile River, to the Editor of this paper, dated Jan. 16.
"Our Spanish Neighbors are very insolent—they continue to exact a toll of 12 per cent. on our merchandise passing the town of Mobile going to, and returning from New Orleans, and lately they sent their vessels to the Old National Boundary, a few miles below this place, where they have found means to obtain several cargoes of corn and other produce. They are supplied from one side of the line by some of that unprincipled kind of beings who call themselves citizens of the United States, but who in fact, have either escaped from the dungeons, or been picked out of society in other countries, and here, in this out-of-the-way place they join ex-masse, and live & have their being, & some indeed, enrich themselves, through perjuries and violations of our laws—they call themselves merchants or pedlars, masters of small vessels, &c. How fortunate it is for the government of the U. S. that our shores and wildernesses only can be infested with these vagabonds—the heart, and most of the interior of the country will always remain sound—thus the body will be preserved from corruption."
"An inspector, a few days ago, seized and brought to this port, one of the above mentioned Spanish vessels—a schooner of about twenty tons burthen, laden with corn and peas. The seizure was alleged to have been made below the line, whereupon Capt. Gaines dispatched an officer to ascertain the fact; and found from his report that the seizure was a short distance below the line—The collector, therefore restored the vessel and cargo to the claimant. The line has never been marked through the low grounds of this river, in consequence of their having been inundated when the boundary was established—a space of near ten miles, through low grounds & islands was left unmarked, hence the difficulty of ascertaining where the true line intersects the river."
There are some Documents, which attract attention, not from the ability which they display, nor from the lights which they shed upon their subject, but from the time, the place & purposes, of their production.—Of this nature, is the very curious Report, which has been recently adopted by the Legislature of Massachusetts.
Let us consider the res , by whom this document was written—the body that adopted it—the place and season, in which it was conceived—and the purposes for which it was ushered into light—The world will not fail to enquire, whether reason can be expected from such passions, and truth from such prejudice? But take this only as position as it is, and let us take our merits only. The result will probably demonstrate, that the means which have been employed, are not less feeble and false, than the motives of this literary achievement are vile, factious and contemptible.
Judging from the views of the Santa who conceived it, and the time in which it was produced, what would any candid man expect on such an occasion? He would expect, that all the aggressions of France would be depicted in most horrible caricature—that the multiplied insults and wrongs of G. Britain would be sunk in oblivion—the murder of Pierce, the burning of the L'Impetueux , the outrage on the Chesapeake, the wrongs of the Orders in Council, the most recent rejection of all our propositions, would be buried in silence—that no resentment, no desire of no resistance would be shown to their favorite Britain—that all our rage should be turned against France—and that Congress would be solemnly invited to "seem for public and private ships" against France only, "and unfurl the republican banner against the imperial standard"—Such is really the precise character of this gubbled Report—Such is the general spirit, which runs through it.
SATIRE ON THIS REPORT—in our next.
The adjourned address to the P. U. S. has been agreed to by the Senate of this State by a large majority.—On its final passage through the H. of D. the votes were almost entirely the same with those on the previous question. Mr. Nolan was among the Noes in the former—in the latter.
The House of D. have been actively engaged, this week, on the report of the committee of B. on the manufacture of arms. The report is very long and interesting. We shall take some early opportunity of laying it with the other proceedings.
It is expected that the Legislature will finally adjourn this day, after a session of 74 days—some 7 days longer than any session within our memory.
EXTRACT FROM THE JOURNALS OF THE HOUSE OF DELEGATES. SATURDAY, Feb. 11.
Mr. Sempie from the committee for Courts of Justice made the following report: The committee for Courts of Justice have, according to order, had under their consideration the memorial of John Warden, to them referred, and have come to the following resolution thereupon.
Resolved, as the opinion of this committee, that the said John Warden ought to be allowed the sum of two hundred and fifty dollars for his services rendered the commonwealth in the case of Bearss; and that the claim of the said Warden for compensation in the case of the officers of the state line against the said commonwealth, be rejected.
The said resolution being read a second time, was agreed to by the House.
Mr. Sempie from the committee appointed to prepare and report to the House a plan of proceeding on the report of the committee appointed to examine the state & condition of the manufacture of arms, presented,
A bill "For the government and regulation of the manufacture of arms," which was received and read the first time and ordered to be read a second time.
On motion, Resolved, That a committee of five members be appointed to draw up and report by bill or otherwise to the House a plan recommending the course proper to be adopted by this House on the subject of the report of the committee appointed to enquire into the state of the manufacture of arms.
And a committee was appointed of Messrs. Munday, Shellely, Oey, Wirt and Sempie. A message from the Senate by Mr. Bayly:
Mr. Speaker—The Senate have passed the bill "To organize and establish superior courts of law in the counties of Accomack and Northampton, and for other purposes;" and then he withdrew.
The Speaker laid before the House a letter from Maj. John Clarke, Superintendent of the Manufactory of Arms, which was read in the following words:
To the Honorable the Speaker of the House of Delegates.
SIR, I have understood with extreme regret, that a report has been made to the Legislature by the chairman of the committee appointed to examine into the management of the Manufactory of Arms, and its operations, which is very unfavorable to that institution and its officers; I have therefore to request that the decision of the honorable body over which you preside, upon that report, may be suspended for two days at least, pending the documents, which I wish to submit to the House of Delegates, to vindicate the character of the institution, and of the officers concerned in its management, against the imputations and charges contained in that report. This as I am convinced neither branch of the Legislature will, without a critical enquiry into, and satisfactory proof of, the truth of the charges, desire to pass, a most valuable institution, or doom to unmerited destruction, without a hearing, any individual, whatsoever their situations may be. With great respect, I have the honor to be, Your most obedt. servt. JOHN CLARKE.
On motion, Ordered, that the said letter be laid upon the table.
The two Houses proceeded to the appointment of an additional Judge of the General Court for the Eastern Shore agreeably to the Act passed during the present session, entitled an act "To organize and establish superior courts of law in the counties of Accomack and Northampton, and for other purposes"—THOMAS EVANS, Esq. was elected.
Ordered, That leave be given to bring in a bill "Authorizing the Chancellor of the Richmond district to reside in the town of Manchester," and that Messrs. Cabell, Cheatham, B. C. Stannard, Sturges, Selden and Wirt do prepare and bring in the same.
* Bishops ASBUCH and MCKENDREE, are expected to preach at the Methodist Meeting House, in this city, on Sabbath 19th inst. at the hours of 11 and half past 3, in the afternoon.
EXECUTION BONDS, (ACCORDING TO THE LAW OF THE PRESENT SESSION.) For Sale, at the Office of The Enquirer.
WILL be sold, at Urbanna, to the highest bidder, on Tuesday, the 28th of February next, if fair, if not the next fair day, all the household and kitchen FURNITURE, sundry plantation utensils, and other articles of the estate of the late Doctor George D. Spratt.
Nine months credit will be allowed the purchasers on all sums above five dollars, on their giving bond, with unquestionable security, payable to the Trustee, and carrying interest from the date, but if punctually paid, the interest not to be demanded.
All persons having authenticated claims against said Spratt, are solicited to become purchasers, that being the most advantageous mode of settlement, under the existing circumstances of property in general. JOHN CHEW. Feb. 17. executors
WILL be offered for sale, to the highest bidder, on the premises, on the 30th day of March, if fair, otherwise the next fair day, two Tracts of LAND, containing ninety-two acres & a half each, in the upper end of Henrico county, being a part of the Mansion tract of R. John Ellis, deceased. Any person wishing to view it may apply to Mr. Milner Redford, who owns a part of said tract. There are also two TRACTS in the lower end of Goochland county, same number of acres as above. Any person wishing to purchase the same, it will be shown them by Jesse Gurd, which Land joins him.
ALSO, fourteen or fifteen NEGROES, consisting of Men, Women and Children. Also, some household FURNITURE, &c.
Twelve months credit on all sums above ten dollars, and bond with approved security to the commissioners will be required by them, approved of by THE ATTORNEYS. February 17. 5t
FORTY DOLLARS REWARD—Lost near Mr. Charles Thompson's store, Hanover county, a large SILVER WATCH, with a gold SEAL AND KEY. The initials of my name are engraved upon the case of the Watch, the Seal and the Key. Re Bay, the maker's name, is upon the dial plate. The above reward will be paid upon receiving the Watch, Seal and Key, or such information as will enable me to get them. CHARLES MORRIS. E. Taylor's Tavern, Hanover } County, Feb. 17. 3 20 3/4
LEFT, in some House in this city, a COLED LEADED GANE with the top off. Any person leaving the Gane, or information respecting it, at this office, shall be liberally rewarded. February 17.

POLITICAL.
A VIEW OF THE MOST IMPORTANT PROCEEDINGS
OF THE LEGISLATURE OF VIRGINIA, AT THE SESSION OF 1808-9.
Receipts and Expenditures at the Public Treasury, between the first of October 1807, and the 31st of December 1808.
Cash in the Treasury on the first of October 1807
Received between the first of October, 1807, and the 30th of September 1808,
Disbursed within the above period,
Balance in the treasury on the 1st of October 1808,
Between the first of October 1808 when the accounts were closed, and the third of October 1808, the death of Gen. Wm. Moseley, late Treasurer,
Cash on hand, Received between the first and third of October 1808,
Disbursed within the above period,
Balance in the treasury on the 3d of October 1808, & paid to Gen. Preston appointed treasurer by the Executive,
Between the seventh November 1808, when Gen. John Preston entered on the duties of his office, and the 31st of December 1808,
Cash received of Gen. Moseley, Received between the 7th of November and 31st Decr 1808,
Disbursed within the above period,
Balance in the treasury on the 31st of December 1808.
Old balances due the treasury the first of October 1808, 193,753 44 specie.
Ditto, in certificates, £ 21,483 9 2.
* The reason why the balance, in the treasury on the first of October this year, is so much less than the last, is, that the legislature by an act of the last session postponed the payment of the taxes to the first of November, instead of the first of October, which had formerly been the time of payment.
PENITENTIARY SYSTEM.
Operations between the 1st of December 1807, and the 30th of November 1808.
Total amount of articles manufactured for sale, and for the use of the commonwealth,
Received for United States' prisoners,
Stock of materials on hand the 30th of November 1808,
Stock of materials on hand the 1st of December 1807,
Cost of raw materials diet of convicts, sums paid prisoners on their discharge, extra diet furnished the sick, reduction in the price of shoes, and agents' commissions from the first of December, 1807, to the 30th of Nov. 1808,
Balance in favor of the Penitentiary,
In settling the accounts of the Penitentiary on the above principles, there was formerly a considerable balance against the institution. From the above balance, however, must be deducted the officers' stated salaries, and such expenses of removing prisoners from the district jails to the Penitentiary, as are incident to that institution.
The clothing of the prisoners is entirely manufactured within the Penitentiary; and their rations are furnished, by contract, at six cents a day. The former keeper was allowed, by the inspectors, thirteen cents.
PRISONERS RECEIVED AT THE PENITENTIARY.
In 1800 21 in 1805 50
1801 33 1806 41
1802 38 1807 54
1803 55 1808 56
1804 41
Now remaining in the Penitentiary 119
ACTS OF A PRIVATE & LOCAL NATURE.
1. An Act exonerating John Swearingen, sheriff of Brooke county, from the damages of a judgment therein mentioned.
2. Exonerating William Armstead, sheriff of Elizabeth City county, from the damages of a judgment therein mentioned.
3. Incorporating trustees of an academy in Frederick county.
4. Legalizing the appointment of overseers of the poor in Hampshire and Warwick counties.
5. Allowing a further time to the owners of lots in Planter's town to improve the same.
6. Allowing a further time to the owners of lots in the town of Martinsville to improve the same.
7. Establishing an inspection of flour in the county of Amherst.
8. To explain the act, entitled an act to amend the act concerning the town of Mecklenburg, in the county of Berkeley.
9. Releasing to Sarah B. Campbell the right of the commonwealth to certain lands therein mentioned.
10. Releasing to Robert Park, the right of the commonwealth to certain lots of ground therein mentioned.
11. Releasing the commonwealth's right to a lot of land, in the town of Wheeling, to Thos Baird.
12. Divorcing Nancy Bayne from her husband Griffin Bayne.
13. Divorcing Margaret Brough from her husband Thomas Brough.
14. Fixing the permanent seat of justice for the county of Nelson.
15. For dividing the county of Kenawha, & for other purposes.
16. Increasing the reward for killing wolves in certain counties therein mentioned.
37. Concerning Philip Dawe.
38. Releasing the damages due on a judgment obtained on behalf of the commonwealth against Benjamin Winslow and Winslow Parker.
39. Divorcing Elizabeth Kimbrough from her husband Martin Kimbrough.
40. Establishing an inspection of tobacco in the town of Petersburg.
41. To incorporate the Halifax Manufacturing Society.
42. Releasing James Nimmo from the payment of a judgement therein mentioned.
43. Concerning James Kirfoot.
44. To incorporate the trustees of an academy in the town of Manchester.
45. Releasing to Nicholas Gentier the commonwealth's right to certain land therein mentioned.
46. Concerning John Stewart.
47. Revising the inspection of tobacco at the town of Brook Neal, in the county of Campbell, and for other purposes.
48. Relative to the election of trustees of Lynchburg parish.
49. Remitting certain damages and interest to Samuel Ritchie.
50. To supply the deficiencies in the appropriation of last year.
51. Dissolving a marriage solemnized between West Atkins and Ann Peyton.
52. Authorising Caleb Hart to remove the obstructions to navigation in Hyco river within a certain distance therein mentioned, and for other purposes.
53. To incorporate the Culpeper Agricultural and Manufacturing Society.
54. Concerning certain taxes assessed on Peter Beverley Whiting in his lifetime, and on his executrix since his death.
55. Concerning David Castleman and Wm. Stubblefield, and for other purposes.
56. For removing certain causes from the court of Amherst county to that of Nelson county.
57. Releasing to the widow and heirs of Richard Lewis, the right of the commonwealth to a certain lot of ground therein mentioned.
58. Making provision for opening a road from Botetourt Court-house to the Sweet Springs.
59. To establish an academy in the county of Caroline.
60. Allowing further time to the owners of lots in the town of Beverly to improve the same.
61. Authorising the collection of certain taxes due in Prince George county for the year one thousand eight hundred and five.
62. Making provision for opening and improving a wagon road from the Hot Springs to the confluence of the Cow-Pasture and Jackson's river; and also for repairing the main road from the Warm Springs across the Warm Spring mountain.
63. Concerning certain lands supposed to be long to Drysdale parish.
64. Giving further time to the James River Company to complete the navigation thereof.
65. Placing certain persons therein mentioned on the pension list.
66. Appropriating a sum of money for repairing and providing additional furniture for the use of the Governor of this commonwealth, and for other purposes.
67. Amending the act entitled, an act for preventing obstructions to the passage of fish down James River.
68. To incorporate the Petersburg Manufacturing Society.
69. Establishing a town on the lands of James Loving, in the county of Nelson.
70. To amend an act entitled, an act to incorporate a company for establishing a turnpike road from the intersection of Duke Street, in the town of Alexandria, with the west line of the district of Columbia, to the east of Little river, where the turnpike road now crosses it.
71. Authorising the duplicate of a certain warrant to be issued to John Minor.
72. Appropriating the money arising from the sale of the glebe lands of Lunenburg and Farnham parishes, in the county of Richmond.
73. Authorising the register of the land office to appoint an additional clerk.
74. To provide for keeping in repair the state road from the upper navigation of James river to the upper navigation of Kenawha river.
75. Authorising the President of the United States to open an inland navigation from the Chesapeake bay or the port of Norfolk, to the channel of Currituck sound, and from Lynnhaven bay to the Eastern branch of Elizabeth river.
76. Releasing, for the purposes therein mentioned, the right of the commonwealth to a certain tenement whereof William Frederick Ast died seized.
77. To incorporate a company to establish a turnpike from the town of Leesburg, in Loudoun county, to the Little river turnpike.
78. To amend the act entitled, an act for opening a new street in the town of Petersburg.
79. For the relief of Sarah De Pass.
80. Concerning Samuel G. Adams.
81. To repeal the act entitled "An act concerning Clement Shackleford," as administrator of the estate of John Allgood, deceased.
82. Concerning certain certificates and warrants found among the papers of John Pendleton, deceased.
83. To reduce the width of certain streets on Shoemaker Hill, in the city of Richmond.
84. Divorcing Isaac Fouch from his wife Elizabeth.
85. Concerning James Scott.
86. Incorporating a company to cut a canal from the port of Norfolk, through the Eastern branch of Elizabeth river, to the channel of Currituck Sound.
87. Exonerating William Trice from certain forfeitures and penalties therein mentioned.
88. Authorising James Stephenson to remove into this state, a negro girl named Sarah.
89. Allowing the executor of John Harvie, decd. to pay by instalments the judgement therein mentioned.
ACTS OF A PUBLIC NATURE.
1. An Act to increase the compensation allowed by law to the electors of a President & Vice-President of the U. S.
In lieu of the present allowance, each elector shall receive eight cents a mile, and ferrages, and three dollars a day. The provisions of this act to extend to the electors now in service. Provided that no compensation for travelling expenses or daily attendance shall be made to an elector who is a member of the General Assembly. (To commence from the passing.)
2. An Act concerning Elections in certain cases.
The object of this law is to provide for filling vacancies that occur in the representation of a county, which may become divided, after the annual general election. In such cases the speaker is to issue a writ of election to the sheriff of each county formed by the division, and the sheriff of the county retaining the original name is to give notice to the sheriff of the other county of the day when the election shall be held, which shall be within fifteen days, and not less than ten thereafter. The sheriffs are to give notice to the freeholders of their respective counties of the day of election by advertisement, and the election shall be held on the same day in each county. They are to meet at the courthouse of the county retaining the original name on the fourth day after the election, to compare the polls, and are to make return of the persons having the greatest number of votes, according to a form prescribed; giving their own votes in a case of an equal division, and if their own votes shall be divided, then deciding by lot. The return to be made immediately to the speaker of the House of Delegates.
Whenever a vacancy shall occur in the representation of a senatorial district embracing a county which shall have become divided, the election for supplying such vacancy shall be conducted, as if the new county had formed a part of the senatorial district before the general election. (To commence from the passing.)
3. An Act to amend the act, giving power to the county courts to establish ferries and fix the rates of ferrage.
So much of the act of the 17th of January, 1807, as directs that the courts, in fixing the rates of ferrage, to observe that for every wheel of a carriage the same ferrage shall be had as for a horse, is repealed; and the courts, at their discretion, may fix the rates of ferrage upon carriages: Provided that a majority of the magistrates be present when such rates shall be established. (To commence the first day of May next.)
4. An Act allowing persons arraigned of misdemeanors in certain cases, the right of challenge.
Where a person shall be put on trial for a misdemeanor, punishable by confinement in the penitentiary, such person shall be allowed the same right of challenge as is allowed in case of felony. (To commence from the passing.)
5. To amend the act entitled an act to amend the act entitled an act for reducing into one the several acts for regulating the inspection of tobacco.
This law provides for the sale of tobacco which shall remain undemanded in a warehouse 5 years after it shall have been inspected, or brought down from an upper inspection. The proprietors are to pay the same storage as heretofore, and the commonwealth is bound to make good all losses which may happen, by fire, within two years from the time of its inspection. Judgment, on ten days notice, may be recovered by the auditor for all monies due from inspectors to the commonwealth; and any person injured by a breach of the condition of an inspector's bond, may institute a suit therein in the name of the governor; a copy of the bond, certified by the clerk of the county where taken, shall be legal evidence. Remedy is given to executors and administrators, for obtaining duplicates of tobacco lost in the life time of their testator or intestate, or between their death and the qualification of the executor or administrator.
6. An Act concerning Executions, and for other purposes.
Sec. 1. Execution may be stayed on any judgement or decree for money, by tendering bond and security in double the amount to the court or magistrate before whom rendered, within sixty days thereafter, or within sixty days from the commencement of this act, as to judgments or decrees heretofore rendered; the bond may also be given in court or the clerk's office, within the said sixty days. Sec. 2. Distresses for rent payable in money may be stayed in like manner; the bond to be made payable to the landlord, &c. and delivered to him or his agent, or returned to the clerk's office, within thirty days after the distress. Sec. 3. No Execution shall issue on any replevy bond, twelve months after the bond, or forfeited forthcoming bond heretofore executed, if the obligors, or their representatives will give like bond and security to the court, or in the clerk's office, within sixty days after the passing of this act, or before such bond shall be due, or execution awarded thereon. Sec. 4. Every unsatisfied execution for money, in the hands of any officer, at the commencement of this act may, in like manner, be stayed, if bond and security be given before the officer proceeds to sell. Sec. 5. Bonds taken in pursuance of this act are to have the force of a judgement, and be assignable; and at the expiration of the act, may be proceeded on as twelve months' replevy bonds. Sec. 6. Decrees pronounced by a court of chancery for the sale of real or personal estate, may be suspended, and proceedings, by trustees, may be stayed, as directed by the first section; the bond to be given in the name of the creditor to the commissioners or trustees; but this act is not to extend to any lien given to indemnify securities; or to secure the repayment of any money paid as a security; or to secure the payment of any money received as attorney, sheriff, sergeant, coroner, constable, guardian, executor, administrator, or committee of an idiot or lunatic, or as receiver under any order of court. Sec. 7. Obligees may move the court for further security, if they deem the first insufficient or likely to become so, by giving ten days notice to the debtor, if to be found in the county; if not, by advertising one month at the court house door; and if new security be awarded, and not given, the bond may be proceeded on, as if this act had expired. The landlord has the same remedy, in relation to his tenant. Sec. 8. Securities have like remedy in requiring counter-security; and if it be not given, execution may issue for the benefit of the creditor against the debtor; but the security shall, nevertheless, be bound according to the terms of his bond. Provided, that no sale shall be stayed till bond and security be given. This not only to extend to judgments for money, founded on contracts heretofore entered into, or where cause of action shall have accrued before the passage of the act; but not to extend to judgments in actions of slander, assault & battery, trespass, and actions on the case founded on tort; or to judgments recovered by one security against another, or by the security against the principal; or for money received as attorney, sheriff, sergeant, coroner, constable, guardian, executor, administrator, or committee of an idiot or lunatic; or as receiver under an order of court, or a judgement recovered by the state, or against a sheriff, or other officer for any delinquency, or a bank established by law; or the mutual assurance society, or a corporate body against delinquent subscribers. Sec. 9. Nothing in this act shall prevent any plaintiff from resorting to his original security, if, after the expiration of this act, due diligence be used to recover the money secured by any bond taken in pursuance thereof; nor shall any such bond be regarded as a satisfaction, till it be actually paid. Sec. 10. Original securities may move for counter-security, as prescribed by the 8th Sec. and if it be not given, execution may issue against the debtor and last security; but the original security shall remain bound to the creditor in the terms of his original contract. Sec. 11. If bond and security be not given, as authorized by this act, till the execution be levied, the sheriff or officer shall be entitled to the same commissions as for taking replevy bonds, and may issue his tickets, and have the same remedy for their recovery against the defendant as heretofore against the plaintiff in forthcoming bonds. And in such cases, the officer shall restore the property, on the production of a certificate from the clerk, that bond and security has been given. Sec. 12. The clerk or other officer shall recover of the defendant, in the same manner as other fees, sixty-three cents for each bond taken under this act. Sec. 13. All costs shall be paid by the defendant, before he shall avail himself of the benefit of this act. Sec. 14. Where debtors fail to avail themselves of
the benefit of this act, by giving bond and security to stay the payment of the debt, the property shall be sold to the highest bidder, and bond and security in double the amount of the debt be taken (unless the purchaser be the creditor) with interest on so much as will satisfy the purchase, payable at the expiration or repeal of this act; which bonds shall be assignable and have the force of a judgement, and may be proceeded on as 12 months replevy bonds. Sec. 13. Where proceedings shall be delayed on mortgages and deeds of trust, the lien shall not be removed till the debt be paid; and if the security in the bond, discharge the debt, he shall have the same lien as the original creditor, and be substituted in his place. Sec. 16. If property sold on credit, to expire with this act, shall sell for more than the debt, bond and security for double the amount of the excess shall be taken, payable to the debtor; which bond shall have the force of a judgement and be assignable, and proceeded on as 12 months replevy bonds. Sec. 17. The act of the last session "Concerning the sale of property under executions and memoranda," is repealed, except so much as was intended to be perpetual. Sec. 18 and 19. This act to commence from the passing, and to be in force till the rising of the next General Assembly.
7. To explain and amend the act concerning the Land Office, &c.
This act authorises the register to receive land warrants and grant others in exchange, where the indorsement is only by writing the name, or an unattested assignment; provided that the applicant shall make oath, that to the best of his knowledge, the indorsements have been fairly made, and that he is the rightful proprietor. The original warrants, with the affidavits, are to be preserved by the register, who quarterly, yearly, is required to publish a list of them, with the indorsements, in some paper published in Richmond, together with the names and residence of those to whom exchange warrants have been issued. Treasury warrants shall hereafter only be assignable by written assignment attested by two or more witnesses; and no exchange warrant shall be granted for an original unless it be so assigned. The fees of the register, for a copy of a patent, not exceeding 400 words, are 65 cents; and for every 30 words thereafter three cents; for a copy of a plat and certificate, not exceeding ten courses, 65 cents; and for every course afterwards two cents; for every other copy, not exceeding 200 words, 25 cents; and for every 30 words thereafter three cents. (To commence from the passing.)
8. To repeal the act, more effectually to prevent malicious and vexatious suits.
This act merely repeals the act of the 22d of January 1803. (To commence from the passing.)
9. To extend the remedy of the commonwealth in certain cases in chancery.
This act gives to the superior court of chancery for the Richmond district, exclusive jurisdiction in all cases, where a suit may be instituted in behalf of the commonwealth, notwithstanding the defendant may reside out of the district. And all suits hereafter brought against the commonwealth, shall be in that court only. Suits depending in the Williamsburg and Staunton chancery districts, are to be transferred to that of Richmond. (To commence from the passing.)
10. Concerning Special Courts of Appeals.
If a judge of the court of appeals be disabled by sickness or infirmity from attending court for one whole term, and it shall appear probable that the disability will continue, and one or more of the judges be interested in a cause, so that a court cannot be formed; a special court of appeals shall be constituted as prescribed by the 5th and 6th sections of the act "For reducing into one the several acts concerning the court of Appeals, &c." The said court shall be attended by the same officers, have the same powers, &c. as are prescribed by the 7th, 8th, 9th, and 10th sections of the above act. (To commence from the passing.)
11. To amend the acts Establishing Superior Courts of Law in each county, &c.
The leading features of this act are, that the state is divided into 13 circuits, instead of 12, as by the act of the last session; and a new arrangement of the districts has been made. The clerks of the county courts, are to be clerks of the circuit courts; the legislature reserving the right of taxing their fees when they exceed one thousand dollars. The other provisions of this act are merely intended to give effect to the law of the last session.
(To be continued.)
(BY AUTHORITY.)
LAWS OF THE UNITED STATES.
AN ACT
To alter the time for the next meeting of Congress
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That after the adjournment of the present session, the next meeting of Congress shall be on the fourth Monday of May next.
J. B. VARNUM, Speaker of the House of Representatives. GEO: CLINTON, Vice President of the United States and President of the Senate.
January 30, 1809. APPROVED, TH: JEFFERSON.
AN ACT
Authorizing the employment of an additional Naval Force.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in addition to the frigates now employed, in actual service, there be fitted out, officered and manned, as soon as may be, the four following frigates, to wit: the United States, Essex, John Adams, and President; and moreover, the President of the U. States is hereby authorised and empowered to equip, man and employ, in actual service, so many of the public armed vessels, now laid up in ordinary, and gun boats, as in his judgement, the public service may require; and to cause the frigates and other armed vessels, when prepared for actual service, respectively, to be stationed at such ports and places, on the sea-coast, as he may deem most expedient, or to cruise on any part of the coast of the United States or the territory thereof.
Sec. 2. And be it further enacted, That for the purpose of carrying the foregoing provision into immediate effect, the President of the U. States be, and he is hereby authorised and empowered, in addition to the number of petty officers, able seamen, ordinary seamen, and boys, at present authorised by law, to appoint, and cause to be engaged and employed, as soon as may be, three hundred midshipmen, three thousand six hundred able seamen, ordinary seamen and boys, who shall be engaged to serve for a period, not exceeding two years; but the President may discharge the same sooner, if, in his judgement, their service may be dispensed with. And to satisfy the necessary expenditures to be incurred therein, a sum not exceeding four hundred thousand dollars be, and the same is hereby appropriated.
ated, and shall be paid out of any monies in the treasury not otherwise appropriated.
J. B. VARNUM, Speaker of the House of Representatives.
JN: MILLEDGE, President of the Senate pro-tempore.
January, 31, 1809. APPROVED, TH: JEFFERSON.
IN PURSUANCE of a decree in Chancery, made
by the Court of the U. States for the 5th circuit, in the district of Virginia at the November term, in the year 1803, we shall expose to Public Auction, at the time and place herein after mentioned: Two TRACTS in the county of Goochland, on the Beaver Dam Creek, containing nine hundred acres; and the other called Little Island, containing 10 acres, at Goodland courthouse on the court day thereof, on the 3d Monday in April. The dower of the widow Wm. Bland, will be first deducted, and the conditions on which the said land are directed under the said decree, will appear therein and will be communicated on the day of sale. The terms of purchase money to be paid as follows: one fourth of the purchase money to be paid in cash, and the remaining three fourths in three equal instalments of six, twelve and eighteen months credit. In all other respects the aforesaid decree will be pursued.
Wm. BERKELEY, JOSIAH ELLIS, WM. MANN, Commissioners.
January 21. [1 day 2m]
NOTICE—The Copartnership hitherto carried
on, by the Subscribers, under the firm of Benjamin Brathwaite & Co. is this day, by mutual consent, dissolved. All persons indebted to the said firm, are earnestly desired to come forward, adjust and pay off their several accounts, to either of the parties, who will like wise pay any sum due, by them, to individuals for transactions with them.
Those who fail to come forward, and manifest a disposition to do what is right, cannot hope for further indulgence, and consequently they will be sued, without discrimination.