The enquirer (Richmond, Va.), 1805-11-12 00:00:00

The Enquirer.
PUBLISHED BY THOMAS RITCHIE, OPPOSITE THE POST-OFFICE AT FIVE DOLLARS PER ANNUM (PAYABLE IN ADVANCE.)
NUMBER 54.]
RICHMOND, TUESDAY MORNING, NOVEMBER 12, 1805.
[VOLUME 2.]
Richmond Prices Current.
   D. C. D. C.     TOBACCO : : : : : 5 00 5 50   FLOUR : : : : : 7 00   fine : : : : : 6 50   WHEAT NEW : : : : : 1 25   INDIAN CORN : : : : : 4 50 a —   WHISKEY : : : : : 58 a — 62   BACON : : : : : 13 — — —   HAMP : : : : : 170 — 190 —   BAR IRON : : : : : 110 — — —  
JUST RECEIVED.
THE 4th Vol. of Marshall's LIFE OF WASHINGTON.—Subscribers to this work are particularly requested to call for their respective books at William Prichard's Book and Stationary Store.
Wm. Prichard begs leave to inform the public at large, that he is now selling off his stock in trade, at reduced prices.
October 29. tf.
IRISH LINEN & SHEETING
WELL assorted in boxes containing 26 to 36 pieces, purchased in Dublin last July, and imported in the ship George from Liverpool, for sale by the box and piece by
JOHN HENRY.
Who has also on hand, a few bales of GERMAN OSNABURGS, imported direct from Varel.
October 29. 5wp
NEIL MCCOULL
HAS received, by the late arrivals from London and Liverpool, his usual supply of FALL & WINTER GOODS.
October 22. tf.
FALL GOODS.
THE Subscribers are receiving by the ships Intrepid, Proteus and George, from Liverpool, and the Suffolk from London, their supply of merchandise for the fall, which (especially in the Hardware line) is very extensive and general, and will be sold by the piece or package. They have also on hand a few Quarter Cales London Particular Madeira Wine, Cognac Brandy, Raisins, Pepper, Allum, &c. All of which they offer for sale on the most moderate terms.
JOHN & ROBT. GAMBLE, Jun'r. (oaw4w.) October 11.
FALL GOODS.
THE Subscriber is receiving and opening a general assortment of FALL AND WINTER GOODS, which he offers for sale on his usual low terms.
October 11. 4w.
WILLIAM GALT.
THE Co-partnership of the subscribers, under the firm of THOMAS TAYLOR & CO. will dissolve by mutual consent, on the 11th inst.
THOS. TAYLOR, JNO. SATCHELL.
The subscribers, under the firm of TAYLOR & BROWN,
Offer their services to the public as AUCTIONEERS and COMMISSION MERCHANTS, at the stand lately occupied by Thomas Taylor & Co. where they have on hand a large flock of
Dry Goods and West-India Produce, West-India Produce, most of which will be disposed of at private sale on very low terms for cash or approved negotiable notes.
THOMAS TAYLOR, JAMES BROWN, Jun'r. (tf.) October 11.
ELLIS & ALLAN
Have just received by the ships Proteus and George from Liverpool, and Suffolk from London,
A SUITABLE and a well selected assortment of FALL GOODS.—Amongst which are:
 Duffel and Point Blankets  Rose Blankets from 6-4 to 11-4  Napped Cottons  Kerseys white and coloured  Plains do. do.  Yarn and Plain Hosiery  Nails from 8d to 30d  Crown window glass 10 by 8, 11 by 9 and 12 by 10  Paint and Glue  Boiled Linseed Oil in Jars  English White Lead ground in oil  Yellow Ochre  Spanish Brown  Verdigris in pots  Bellows, Anvils, Vices and Smiths hammers  Liverpool Filled Salt  London Superfine Cloths and Cashmeres, single and double Mill'd  Patent Woollen Cords  Velvets, Hunters and Constitution Cords, Corduroys and Thicksets  Ladies London Kid and Morocco Shoes and Boots  Silk, Cotton and Worsted Hosiery  Silk Bath Hosiery do.  White Angola Hosiery do.  Gentlemen's Silk Gowns  Real Crape  Plaid and Tartan  Colonels, Piques, &c.  Coloured Cambrics and Crape  Elegant Silk Shawls, do.  Brussels and Kidderminster Carpets  Gentlemen's Real Beaver, Fashionable  Patent do. do.  Ladies Trimmed  Rich Black Molekin  Rich figured do.  Cams and Pistols  Elegant Fowling Pieces  Seine Twine  6-8 and 10-4 Diaper and Damask do.  4-4, 10-4, 10-18 Damask and Diaper Table Cloths  Irish Linens and 5-4 Irish Sheeting.  Which will be sold on moderate terms.
October 25. tf.
MILITARY CERTIFICATES.
FOR SALE, Certificates of this State, bearing interest of 6 per cent. and receivable at the Treasury, for all arrearages of taxes, prior to the year 1798.
WILLIAM PRICE, Cashr. Genl. M. A. S. May 10. tf.
NOTICE.
THAT the late concern of BAKER & OSBOON, having been dissolved, since the 21st ult. it is not expected by the undersigned, that any contract will be made, whereby to charge him; but should an attempt be made, this is to inform the public, from entering into such contract, as I do not hold myself responsible for any act of the said Baker's, since the dissolution of the co-partnership as aforesaid.
November 5. SEWALL OSGOOD. 2n.
WASHINGTON TAVERN.
THE SUBSCRIBER,
WILL be prepared to accommodate thirty members of the next Assembly, he flatters himself, in a manner more convenient and agreeable to them than heretofore; having two buildings detached from his Tavern, which he intends exclusively for their accommodation. Also his dining room, which before was but small and inconvenient, is now large, and very convenient. To those acquainted with this situation it would be unnecessary to state the decided advantage it has over any other in this city, being within two hundred yards of the Capitol, and adjoining the public square. He pledges himself to keep his stables well supplied with Clover, Hay, Fodder, Oats and Corn: and offers an assurance that the strictest attention, will be paid by an experienced white Officer.
November 1. ED. HALLAM. epml.
BY Virtue of a deed of Trust, executed to the subscriber, by Stephen Hughes, to secure a debt due to James Lewis, as expressed in said deed: will be exposed to sale for ready money, on the first Monday in December next, at James Lewis's Tavern in the town of Charlottesville, 40 acres of LAND, including a mill seat, laying on the waters of Moore's Creek or so much thereof as will be sufficient to satisfy said debt, interest and costs.
October 25. BENJAMIN BROWN, Trustee. (ep3w.)
TO RENT,
THE Lumber House at present occupied by the subscribers on the Cross Street leading to the Basin. It is two stories high, 60 feet long, 20 feet wide, and well calculated for storing Flour or Tobacco. If it is not rented, the above articles will be received on storage by
PICKETT, POLLARD, & JOHNSTON. November 5. (ep3w.)
MANCHESTER TURNPIKE COMPANY,
8th REQUISITION.
THE Shareholders in the Manchester Turnpike Company, are hereby required to pay to James Brander, Treasurer, the further sum of ten dollars, on each share, on or before the 13th of November next. By order of the directors, JAMES BRANDER, CLK. Manchester, October 11. 18N.
OYSTER HOUSE.
GEORGE WATSON,
HAS commenced his former and well known occupation of furnishing OYSTERS, BEEF STEAKS, COLD SNACKS, and RELISHES, at the white House near the Union Tavern, wherein the Post-Office was lately kept. He begs leave to assure those who may favor him with their company or commands, that nothing shall be neglected on his part which promises to give satisfaction.
October 15. tf.
MC CALL'S
NAIL MANUFACTORY,
ON THE CANAL, RICHMOND.
WROUGHT and cut nails of a superior quality, are sold at present for the following prices, by the barrel.
WROUGHT NAILS.
   Spikes, 40d. 30d. and 20d. Nails, 12 1/2 Cts. per lb   12d. Nails, - - - - - 13   10d. Ditto, - - - - - 14   8d. do. - - - - - 14 3/4   6d. do. - - - - - 16   4d. do. - - - - - 17 1/2   3d. do. - - - - - 19  
CUT NAILS AND BRADS.
   24d. 20d. & 18d. Cut Nails & Brads, 11 Cts. per lb.   10d. Ditto, - - - - - 11 1/2   8d. do. - - - - - - - - 11 3/4   6d. Nails, - - - - - 12 1/2   4d. do. - - - - - 13   3d. do. - - - - - 14  
Retail price, one Cent and a half per lb. higher. Wrought and cut prigs of every size. All kinds of Blacksmith's work will be done at the said manufactory, and a constant supply of Bar Iron, Hoop Iron, Nail Rods, Steel, &c. for sale. October 15. tf.
OUR MILL STONES, of all sizes; and PLASTER OF PARIS, of an excellent quality, FOR SALE, AS USUAL, BY
WILLIAM DAVIDSON. near the Market. Dec. 4. [epf.]
GEORGE WILY,
BROKER & COMMISSION MERCHANT, Near the Basin,
BUYS and sells all kinds of Produce—Also, Lands, Lots, and houses, Bank Stock, &c. He has for Sale, LOTS No. 141, 9, 3, and 4, which make one entire square in Du-Val's addition.—There is a good spring attached to them. These lots are well worth the attention of any gentleman wishing to build a summer retreat for his family. July 25.—tf.
THE subscribers offer for sale, their reverionary interest in a fire-proof warehouse on Maxwell's wharf, of Norfolk, described in the will of John K. Read, dec'd. as his upper part of the property, Mrs. Helen Read has a life estate in the same.
November 1. tf.
MERIWETHER JONES, BENJAMIN F. READ.
It is probable that I may leave this estate ere long, in which event, Meriwether Jones will be fully authorized to act for me.
November 1. BENJAMIN F. READ. tf.
NOTICE is hereby given, that a petition will be presented to the next general assembly of Virginia praying that an act may pass to authorise the sale of a TRACT OF LAND, belonging to the estate of Wm. Seay, dec'd. late of Hewick in Middlesex county, for the benefit of his infant children and other legal Representatives. Nov. 1. tml.
NOTICE.
A Petition will be presented to the next General Assembly, praying that the County Court of King William may hereafter be held on the first Monday, and the Court of Hanover on the fourth Monday of every month. Oct. 8. Tml.
FOR SALE,
TEN SHARES, in the James River Canal Company. Apply to THOMAS NORVELL. November 5. tf.
A GENERAL ASSORTMENT OF
BLANKS, FOR SALE AT THIS OFFICE.
THE whole of the subscriptions to the late edition of the DEBATES on the VIRGINIA CONVENTION, published by Messrs. Ritchie & Worley and Augustine Davis, having been transferred by those gentlemen to Samuel Pleasants, Junr.—Subscribers will please to take notice, that the Books will be delivered by him (only) in Richmond, and by such persons as he may appoint for the purpose in other places. November 5. st.
BENJAMIN STETSON,
INFORMS his friends and the public in general that he has for sale, 400 gallons Holland's Linseed Oil, White Lead and Spanish Brooms ground in Oil, Patent Green ground in ditto. Verdigris and Spanish Brown, dry; 8 by 10 Window Glass, & Putty; 2d, 3d, 4d, 6d, 8d, 10d, and 20d Nails, two Casks Spike Nails, Bar Iron, German and Blistered Steel; general assortment of Iron Hollow Ware; 10 Hhds. Molasses, French Brandy, West-India and New-England Rum, Tea, Coffee, Loaf and Brown Sugar, Chocolate, Meats, line and coarse Shoes, Ladies Kid & Morocco and Leather Slippers; 8 Boxes Cotton and Wool Cards assorted; half pint and quart Tumblers, small invoice elegant cut glass, Bone ware, German Ozenburgs, 50 sacks Salt, Nova Scotia Grind Stones, and many other articles in store, which he will sell cheap for cash or country produce. April 2.—(law12m.)
HUGH J. CRAWFORD,
HAS just received per the ship Planter, Captain Bouff, from London, his Fall supply of DRUGS & MEDICINES, which being laid in under his own immediate inspection, the quality may be depended on; and having purchased with cash, he is enabled to dispose of them on the most moderate terms.
ALSO:
   London White Lead, gr'd Copal Varnish, in oil,   Spanish Brown, do. Prussian Blue,   Yellow Ochre, do. Patent Yellow,   Paint Brushes of all sizes, Verdigris,   Best English Glue, Stone Ochre,   Gold and Silver Leaf, Venetian Red,   King's Yellow, &c.  
He has for sale, a few bottles Virginia Cather Oil, of the same quality as that lately sold at Dr. Cringan's. Sept. 20. oaw3m.
BOLTING CLOTHS.
M RS B. MYERS have just received a fresh supply of Dutch BOLTING CLOTHS, of the best quality which renders their assortment complete. They have also received their assortment of FALL & FANCY GOODS, and a quantity of belt three stranded SEINE TWINE. October 29. Towl.
TO RENT, for a term of years,
A Part of my LOT immediately on the bank of the Canal, between the shop of Mr. Hughes and Mr. McCall's Nail Factory; being thirty or forty feet in front, forty yards back, as may be agreed on; 'tis a very advantageous situation for a lumber house. Terms will be made known by application to me on the premises, or my mother in my absence. JAMES BILBORY. November 1. law5w.
TO PROPRIETORS OF LAND IN TENNESSEE AND KENTUCKY.
THE subscriber will, about the first of January next, set out for Nashville in the state of Tennessee, where he means to reside and to engage in the practice of the law. Persons holding lands or having business of any kind to transact either in Tennessee or Kentucky, are informed that he will undertake to visit lands in either of these states to ascertain their value and quality, to have the taxes on them regularly paid and to execute any form of agency which will not require an absence of more than 3 or 4 weeks from the place of his residence. Those who think proper to employ him may rely upon his paying a diligent attention to the business committed to his care. Letters addressed to him in Frederickburg will be duly attended to, or he may be seen at General Minor's office until the 15th of December next. HENRY MINOR. Frederickburg, October 22. (oaw4w.)
LAW INTELLIGENCE,
ORIGINALLY REPORTED IN THE PUBLIC LEDGER.
District Court of the United States, for the South-Carolina District, 6th September, 1804.
Henry Rofe, vs. Himili, Gronings, & a quantity of Coffee. } DECREE.
Although two separate libels have been filed in this cause, yet it has been considered all along, as forming but one suit; there have been also separate claims interposed, and the pleadings are made up in both cases separate, but all the evidence adduced, and the arguments of counsel have in a great measure, considered this cause in one view only, with the exception of its being contended, that the claimants Gronings, are in a different situation, as being purchasers without notice and at second hand, of a part only of the coffee in dispute. The libels, which are transcripts of each other, state, that the schooner Sarah, commanded by Joshua Herbert, and Henry Rofe, as supercargo for the owners, American citizens, residing at Norfolk, in Virginia, being on a voyage from Port-au-Prince, where she had taken a cargo entirely belonging to citizens of the U. States, and bound to Virginia, was on the 24th February last, on the high seas a few leagues from the island of Cuba, forcibly taken possession of, by a French privateer called L'Francoise, commanded by one Dominique, and carried into Barracoa under Danish colours; where without any investigation or condemnation, according to the established Law of Nations, the cargo was sold and disposed of, to a certain Ramond Cott, either on his own account, or as agent for others, and the greater part thereof, clandestinely removed in the night from the said schooner Sarah, on board the schooner Example, commanded by the said Cott, and brought into this port by her, in the month of March last, where it was attached by process from this court, on account of the former owners.—To this libel, two several claims and answers have been filed, one by J. J. Himili, as consignee and agent for Nathaniel Bingley, a citizen of Virginia, and owner of twenty-eight hogheads, two tierces, and six sacks of coffee, imported in the schooner Sarah, and arrested as stated in the libel.—The other by Lewis and R. Groning, as owners of forty hogheads of coffee imported in the schooner Example, and arrested as also stated in the libel. The claimants neither admit or deny the allegations in the libel, having as they allege, no knowledge thereof, but say that they had heard
and believe, that the schooner Sarah and cargo, were captured as there stated, and were forfeited by the laws of France, for trading with the brigands of Hispaniola—the claims and answers further state, that the said Henry Rofe, fully sensible of the forfeiture incurred, and to prevent the delay incidental to condemnation, which only could be effected by sending to the tribunal of St. Domingo, agreed to purchase the vessel and a part of the cargo from the commander of the privateer, on terms settled between them without waiting for a formal condemnation.—The claimants further state, that they have heard and believe, that a regular condemnation had been made of vessel and cargo, at one of the ports of St. Domingo, which was detained for forty days by some accidental causes, and afterwards forwarded to the Captain of the privateer.—The claimants further state, that a special agent had been sent to procure a copy of the condemnation; and contend, that admitting the capture as stated in the libel, yet as the libel was with the assent of the actor in the first instance, and since sanctioned by the decree of condemnation, as they have heard and believe—therefore their right and title is good in law, and the libel ought to be dismissed. Replications have been filed to these claims & answers which admit the purchase of the schooner Sarah, by the said Henry Rofe, and the claims and answer in relation thereto, but protest against every other part of the same.
From this view and statement of the pleadings, several questions have been made and argued upon, by the different counsel— 1st. As to the identity of the articles. 2nd. As to the legality of the capture. 3rd. As to any change of property by capture. 4th. Whether the libellant's title to the property, is such as will entitle him to maintain suit for the same. In considering these questions, I will begin with the last, viz.—Whether under existing circumstances of the trade to Port-au-Prince, the actors could acquire property in any article purchased there. The counsel for the claimants, have with great ingenuity, contended this point, and adduced a variety of reasoning to prove that the cargo of the schooner Sarah, having been purchased in a Brigand port, the title is bad in the first instance, and that they derive no property from the purchase, whereon to found a claim.—Admitting the force of this argument, as far as it may apply in a court of the nation claiming the jurisdiction, and where this is stated to be an offence—the question occurs, is this court competent to decide?—The proclamation said to have been issued, forbidding such trade, is not produced—hear-say evidence of its being issued is brought forward, but in such a loose and vague way as to afford no precise knowledge of its tenor, & even if it did exist, it being only a municipal law of that country, this court can have no cognizance of a breach of it. The case of the Walsingham Packet, quoted from 2nd Robinson, 77, does not apply.—The question there was, whether a British court of admiralty, was not bound to take notice of a flagrant breach of the municipal laws of that country, as respected the transactions of their own subjects coming immediately before them—even there the principle was not recognised in the court below, but an appeal to the superior court, it was established and affirmed, that a British claimant could not initiate himself in that court to a reëstablishment of property, which by his own showing, had been employed in an illicit trade.—Is there any similarity between that and the present case? By the 9th section of the Judiciary act, this court has jurisdiction of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of import, navigation or trade, where the seizures are made within their respective districts, either on land or water, as well as upon the high seas—and also of all suits for penalties or forfeiture incurred under "the laws of the United States" but will this give jurisdiction as to any offences against the municipal laws of other countries? Surely not. The case was assimilated to that of blockade; one is recognized by the law of nations, or treaty, which is tantamount, between the parties of the treaty.—The other is merely municipal—but I will suppose a neutral vessel had escaped from a blockaded port, and is captured for having entered it contrary to the law of nations, and this vessel is afterwards re-captured, will it be contended, that the original owner, in a court of his own nation, cannot claim his property on payment of salvage, because he had committed a breach of the laws of nations? The entering the blockaded port, was only illegal, as to the nation at war—the party does it at his peril, he runs the risque, and is amenable to the offended nation, if caught.—Do policies of insurance become void, because of this illegality in the trade? The premium of insurance rises according to the risk, but the contract is not vitiated by a breach of the municipal laws of other states.—On this point, therefore, I am decidedly of opinion, that this court has no jurisdiction. I will now consider whether any change of property has taken place; and here it might be sufficient to say, that no evidence on that point, has been produced, except the seizure and carrying the Sarah into Barracoa, and the subsequent possession for 24 hours and upwards, which was contended on the authority of Vattel to be sufficient. To this I answer, that it seems to be the settled law of nations at this day that before ship or goods can be disposed of by the captor, there must be a regular judicial proceeding, wherein both parties may be heard, and condemnation thereupon as prize in a court of admiralty, judging by the law of nations and treaties; this is laid down in the famous answer to the Russian memorial and reported in Collet Judicue, page 135, and the law there stated has never been controverted since.—In Doug. 591, Lindo vs. Rodney, Lord Mansfield declared the unanimous opinion of the court—That no property vests in any goods taken at sea or land 'till a sanction of condemnation. This was recognized and established in this state in the case quoted from Bay's Rep. 471, then the court declared they could by no means assent to the doctrine from Vattel, which was relied on with such apparent earnestness in the cause also, and after referring to numerous authorities, the judges declared that after all those authorities and the reason of the thing itself which appears to be a part of the acknowledged law of nation a bare dictum of Vattel, however respectable his authority may in other respects, is not of sufficient weight to justify the position contended for. It is stated in the pleadings that the party consented to the sale or transfer; no proof, however,
is produced on that point. I shall therefore pass it over, as well as the next relation to the legality of the capture, that being already considered fully in the first part of this decree. The last and only remaining question to be considered is respecting the identity

this in addition to the former evidence is contended to be fully sufficient as to the first point. As to the second, whether the right of the original owner has undergone any change, a variety of arguments have been used, and a number of cases produced to show that no change of property has taken place, particularly that the decree of condemnation which could not be procured on the former trial, but is now produced and filed, and can have no operation on the present question, because that decree is dated the 14th of July, 1804, and is grounded on an ordinance of the Governor-General of St. Domingo, dated the 10th of March preceding, where it appears from evidence before the court that the capture was made on the 23rd February, 1804, fifteen days prior to the ordinance for a breach of which she is condemned; and that the process of this court under which this suit was commenced, issued in April, three months before the date of the decree of condemnation. A number of cases were produced to show, that property taken on the high seas cannot be changed but by condemnation, and that must be done by courts of competent jurisdiction; and also, that it must appear that the property was condemned either as contraband, or belonging to an enemy. That in the present case the offence stated in the decree of condemnation, being for a breach of municipal laws, the court could have no jurisdiction, unless seizure was made within jurisdictional limits, and not on the high seas.
For the claimant it was contended—1st. That it was incumbent on the actor to show a good title to the articles in the first instance—2dly. That he has been divested of it improperly by the suit, and it was contended with great earnestness that Port-au-Prince, at the time of the purchase, being possessed by the brigands, no title by them could be legal, and therefore the actor having no good title in the first instance, cannot claim the justice of this court, and—3dly. That the capture was made in such a way as to enable the purchasers to hold against all persons whatsoever. It was also contended, that although the decree of condemnation recites the ordinance of the Governor-General of the 10th of March only, yet there were previous ordinances of a similar nature against pirates with the brigands, and that the director part of the decree being the substance, and that declaring the property to be condemned, is fully sufficient, and that the reasoning on which it is founded, cannot affect the decree itself.
That let the grounds of condemnation be what they may, by a competent court having jurisdiction, if the sale is made even before condemnation, it is conclusive as to purchasers. Much time was consumed in producing a number of cases, in insurance cases, which vary extremely from the present, as also respecting condemnation, where the vessel was not immediately within the jurisdiction of the court but in another country.
I do not think it necessary, at present, to go over all these arguments and cases again. I have formerly decided on the point, and find the case of 4th Robertson, support that decision. In my former decree, I examined minutely all the evidence as to the identity of the property, and if any further proof was wanting, that is fully supplied by Mr. Bingley's.
The only question, therefore, now necessary for me to investigate, is whether the decree of condemnation filed in this court, is final and conclusive, or whether this court under the peculiar circumstances of this case may not, if it shall be found irrelevant, say so.—In that decree, I also delivered my opinion, that no transfer of property could legally take place so as to divest the former owner, without a regular previous condemnation by a court having competent jurisdiction; how will this apply to the case now before me.
The property libelled is forcibly taken possession of on the high seas, 23rd February, 1804. The sale is made soon after, and the property brought to Charleston, the 22nd April following, where it was attached by process of this court, no condemnation of this property took place until the 13th of July following, and the only ground stated for such condemnation, is an ordinance of the Governor-General of St. Domingo, dated the 10th March preceding, and subsequent to the capture—but it is alleged that there was proof of another ordinance forbidding the trade, in a former cause, if so, it should have been produced again, and made an exhibit if reliance thereon was contemplated. I hold myself bound to determine only according to law, and the evidence produced or admitted in each case.—It might be sufficient for me on this occasion, barely to refer to former decisions, where I have thought it necessary that a regular condemnation should precede a sale, unless by order of court, with consent of parties, or in case of perishable articles.
But when a decree of condemnation is brought forward, and relied on, and it appears on the face of it, that it is grounded on an ordinance, and that a municipal one, passed subsequent to the capture, ought not the decree to be opened and examined; and can this in any manner shake the established doctrine that decrees of foreign tribunals ought to be respected—I think not—had the property been condemned as belonging to an enemy, or as contraband of war, I should have thought myself bound not to interfere, and the only remedy left to the owners, would be that pointed out by the counsel for the claimant—to apply to the court of the party where the condemnation was made, or to the executive of the party injured.
But in the present case, as the property of the actor, was actually brought into their own jurisdiction long before any judicial decision had taken place elsewhere, and the marshal of this court had the custody of it at least three months prior to any such decision; that alone might have been cause for ordering restitution, but when in addition to this it appears, that the decree, declaring this legal prize, is stated to be in pursuance of a local ordinance, and that made subsequent to the seizure, I hold myself bound under the circumstances of this case, to support the libel filed in the cause.
And do order adjudge and decree, that the prayer thereof which claims restitution be granted. As it does not appear that the claimant was any way concerned in the capture, or that there were any collusion between him and the captors, I therefore order, that each party pay their own cost.
FROM THE AURORA. The European Coalition and War. The certainty of these events already awaken that curiosity which is already the effect of great impending events. Men not habituated to examine the motives of those who engage in wars, are embarrassed in reflections, from the want of a conviction that no consequences are adequate to counterbalance the destruction; the military or even the uncertainty of war. Modern wars unquestionably have had more of complexions in their causes than those which preceded the peace of Westphalia. At that period, and for a long time before it, an affection of preserving equality of religious interests was the foundation of a ruthless war of 30 years; a superstitious and fanatical zeal found motives sufficient in these deplorable and impious pretexts and embodied under the banners of ambition, nations in arms. That peace terminated the horrible series of wars for religious toleration without establishing it any where; but this pretext had been productive of two much misery to promote new wars. Ambition was forced to employ a new language, and the balance of religion in the empire, was superceded in the political vocabulary by the balance of power. If the perfidy and cruelty transacted under these odious artifices, could be separated from the hypocrisy, and other miserable means employed to cover the designs of tyrants, they would excite only pity or contempt; but when the horrid effects of the slimy deceit, are connected with the frivolity of the means, we cannot but sigh for the infirmity and credulity of human nature.
The balance of power from the year 1648 to the enslavement of Holland in 1787, has furnished the mask for every statesman who had an unjustifiable object of usurpation or aggrandizement to accomplish: notwithstanding the flagrancy of the deceit was visible on so many occasions, particularly in the repeated partition of Poland and its political extinction since this cabalistic phrase, this "any thing or nothing" continues to be employed by politicians even at this day. The parties in the partition of Poland did indeed assume a new phraseology for a while, and the rights of kings, or crowned heads, were opposed to the rights of man, so long as France fought under popular banners. But as soon as France again became a monarchy, this new counterfeited become obsolete, and the old mask of the balance of power was resumed—by France herself, resorting to the same expedients by which the world has been successively deceived, armed, and ravaged, exchanged her language for that of her enemies, and assumed the ignominious phraseology, of her rivals; they had endeavored to revive the spirit of the religious crusades in a war against the French as a nation of Atheists, and France under another triumphant Cromwell became not indeed a puritan, but the most pious and favored son of the Pope; they had denounced all republics; France accommodated herself to the hatred of her enemies; all the republics in her neighborhood were either virtually annihilated or absorbed into the body of France; even the veneration for nobles, kings and emperors preached up by the enemies of France, was derided or flattered by the erection of new kingdoms, new empires and new noble orders!
France appears, from the commencement of the war in 1791 to the present day to have pursued a system the most extraordinary but humiliating to her rivals that the history of the world has recorded; pursuing plans that astonish by their magnitude and their fitness to the exigency, she has constantly resorted to the measures furnished by her adversaries to carry her own resistance and her own aggressions alike into effect; she has made even the hypocrisy of her enemies the tributary for their subjugation and her own aggrandizement. Out of the evil which they had meditated against her, she has constantly drawn the machinery by which she overwhelmed the contrivers.
The examples are striking. The more effective require only to be recalled to the memory. Holland, Tukey, Genoa, Switzerland, were forced into the war; where are they? Their men and fortunes are substantially added to the force and resources of France. Dutch, Tuscan and Genoese seamen, now form part of the naval resources of France. These respective nations were driven from their neutrality, though either innocent with regard to either power, or engaged in preserving the activity of universal commerce, and saving peaceable nations from the policy of rulers who know no law but their ambition.
What better motives actuate the combined powers now or what better prospects for success against France can be entertained? Is the conversion of France into a military despotism less likely to render that nation formidable than before. Under a feeble monarchy France was an object of aversion and national jealousy to England; under a popular government, where the "interests of millions must be weighed before combat," instead of the interests and passion of a single individual, France became an object of greater apprehension—blind temerity! From what source can ambition now expect advantages through the hazards of war. As to the idea of justice or moral right in the commencement of the present, it has no better foundation, than that of former wars had in the good of religion or the benefits to be derived from a balance of power. We shall not undertake to estimate the views or the expectations of England in renewing hostility, though many are assigned: whether apprehensive of the naval strength which France would acquire in the leisure of peace—whether the purpose of placing her power in Asia beyond rivalry, or to interrupt by war the commercial and manufacturing efforts of nations on the continent, or all these together is left to the judgment of those who may choose to determine; or if another opinion is more plausible, that the embarrassments of her debt, render it essential to her existence power, as a that her government should become more despotic, or be crushed under its own weight; or that the instability of the monarchy under the incessant efforts of the popular influence to produce a reformation of abuses and a renewal of the popular influence in public affairs was apprehended, and that war was to be preferred to reformation, and despotism to revolution. These causes and others have been assigned by men of discernment. We offer no opinion, on any of them; the blind and preposterous predilection for the theory and corrupt practices of her government is to very prevalent, that time alone and not reasoning can determine which opinion is most just.
Unable to assign exact or coherent motives for a new coalition, let us endeavor to examine the interests, the views and inducements of certain powers.
The various causes assigned by the first coalition were different, at different times, and in different armies at the same time. The powers combined had each separate views.—Are their views common at this time. The cause of the Bourbons was abandoned when Bonaparte was officially recognized as the chief magistrate of France. The exception to the new but solemn mummery of empire by no means altered the relative condition of the powers by which he was recognized.—The renewed war then is neither the cause of democracy nor of monarchy—and we should be left in the mazes of political sophistry to grope out the motives or objects of warfare, if we did not find in all wars a common object, inordinate ambition and lust and jealousy of dominion. A development of the real motives of a single power might perhaps unravel the whole. We forbear examining motives which are too palpable to be mistaken by the judicious, but which prejudice would not countenance. Let us then look in the condition, interests, and policy of powers which do not directly engage particular feelings adverse to enquiry, for their motives, and by them endeavor to arrive at some estimate of the principles of the war and the expected result. It is said to be for a balance of power—have Russia, and Austria, and Sweden suffered by any political events in which they were unconcerned or not actors?
What are the acts of France which are the professed motives of resenting or restoring the balance?
The discussion of these questions in detail would embrace volumes—let us endeavor to view them more briefly but still comprehensively.
To avoid discussions with which politicians are familiar from the magnitude and recency, we lay it down as a fact; that the combination of Prussia and all the subsequent aggressions were unjustifiable attacks made on France—and that according to the laws of war, and the natural maxims of moral justice, whatever injury the aggressors sustained being the effect of their own wrong doing, was not a just cause of complaint, nor a fit foundation for a renewed war. For either the terms of pacification between the powers, were valid or invalid. If valid nothing but the breach of the conditions could nullify them; if intended to be negatory , the infincerity of the contracting party who violates the contract is only an aggravation of the original aggression. The conquests made from the aggressors therefore were according to the laws of war and the usage of nations, and the force of treaties, just and rightful possessions .
But then the balance of power —are! there's the balance of power! Any one whose curiosity may lead him to the perusal of a pamphlet published by the celebrated Addison in 1707, entitled "the present state of the war," will find he not mortified by the prostitution of great talents to unworthy purposes, find a vast body of circumstances which will bear a comparison with the pretences upon which war is carried on at this time; but he will also learn upon what futile and ridiculous arguments, the balance of power and the objects of war are sustained; and how faithless fortune has been to schemes and enterprises which then filled the minds of statesmen with surprise and the expectation of a political millennium, to be produced by the statesmen, armies and navies of Britain. Let us apologize, supposing that the whigs of England who were not Jacovins ever professed an opinion of human perfectibility or promised a political millennium, from the habeas corpus and the bill of rights! He will find that the arguments against the grand monarchy, the pope and the pretender, and the balance of power, were then urged with as much zeal and plausibility as the ablest vindicators of war call upon all Europe to resist the French and to restore Italy out of their grasp. The house of Bourbon was then a greater bugaboo than the little Corsican; and it was deemed of the first necessity to the security of Britain, that Spain should be detached from the French alliance—and become the balancing power of Europe.
France from the year 1648 to the convention of Rastadt in 1714, though engaged in many wars of long duration, and enormous waste of men and money, during the whole of the last century, particularly when the universal cry was, the ambition of France and her lust of universal monarchy, yet during that whole period her territorial acquisitions were confined to two provinces, which were obtained rather by family alliance than by arms; and a few towns, for which the contracting powers had equivalents.
When attacked by the combined powers, it is deplorably true that her retaliation was terrible, and her partitions of territory formed a sublime but melancholy satire on those who attacked her. We look in vain, however, for the territories lost by Russia. Melancholy indeed is the reflection that her two armies of 60,000 men each, were sent only to manure the fields of Italy and the valleys of Helvetia, and that the wrecks which returned to Russia were not a full seventeenth of the whole. It is not to retrieve the lustre of her arms—not to revive and transfer to the brow of some kindred brute, the sanguinary laurel which was blasted on the brow of Suwarow, that the Russians send armies into Galicia or the Morea; or that for two years she has been preparing in Corfu the materials of war, which the combined powers now will, as usual attribute wholly to the aggressions of France. The fleets which passed the Dardanelles in 1802-3 and 4, were not drawn thither in consequence of the erection of Lombardy into a kingdom, or the annexation of Genoa to the French empire. But it is most probable that these menacing manoeuvres, these suspicious expeditions, these unusual, and, on pacific principles, unaccountable collections of military machinery on the coasts of the Adriatic, were the moving causes and the best justification of that ambition, of that concentration and accumulation of power, which it is now made the professed object of the war to undo and disserve.
We must look for other motives in the policy of Russia, than any injury which she has experienced or apprehends in any legitimate pursuit from the power of France. We must look for the cause in the Turkish empire to which the ambition of Russia aspires.
This policy is not very much involved, as it proceeds from the distinct views and interests of three or four powers, who, notwithstanding their attachment to the balance of powers, would each of them, were the others not in the way, sacrifice the Turkish empire. Catherine II. resisted every temptation to engage in the war against France, unless the combined powers would consent to the dismemberment of the Turkish empire. Germany and Prussia were brought to consent upon the principles of a new partition of Poland. England held out upon commercial principles; but in 1795, when Prussia had made a separate peace, and the conquest of Holland had confounded the other powers, then England agreed to the sacrifice of Turkey, and it was a principle declared in the treaty by which she engaged to take an active part against France. The politicians of that day marvelled at the military preparations of Catherine, but the cause of her ineffective parade of 65,000 men was not suspected to proceed from Great Britain. The rapid march of Bonaparte in 1796 to the neighborhood of Vienna, and the liberality which he exemplified to the German empire on that occasion amazed Europe—the value of the sacrifice was known perhaps to Bonaparte alone—Paul I. was about to march his army—the evasions and prevarications which followed, were only the result of the discovery made in Germany of the double conquest obtained over them by the practice of arms and of diplomacy.
An acute and intelligent writer (Eton) says—"It is the interest of England that Russia should keep Sweden and Denmark in awe, as well as the Prussian ports, to prevent them from suppling France with naval stores, &c. in time of war. On the other hand, the British interest requires that Russia should have the command of the Black sea, in order to open its ports to us, and to send us flannels into the Mediterranean to oppose the formidable combination of France and Spain." These authoritative facts speak volumes.
France from opposite causes, always endeavored to save the Turkish empire. The fall of diplomats at Constantinople, however, has dismissed the ambassadors of France, and retained those of Russia, Austria and England who have agreed to overthrow her empire. France can at any hour detach Russia from the coalition, if she is willing to abandon Turkey in Europe to that power. Bonaparte while he occupies Holland
and shuts the mouth of the Baltic—may perhaps throw fifty thousand men in Coefficientople—shut up the Dardanelles and save Turkey from her stupid ministers, and treacherous allies.
European Intelligence.
NORFOLK, November 7.
The Editor has received by the ship William Penn, captain Watson, 10 days from Nantz, Paris papers to the 18th Sept. six days later than any yet received. It appears by these papers that the great question of war on the Continent was yet undecided—although the Russians and Austrians were arming in all parts, and although all the officers in France on furlough were ordered to join the armies without loss of time, the frontiers full of troops, and all Italy armed and in alarm, the distribution of the Austrian forces mentioned, and even the different commanders appointed and named—but the reasons that operate against inevitable war are, that couriers from Vienna, and frequent dispatches were received at Paris—that notwithstanding the pompous and martial detail of Austrian battalions, it is known they are (particularly in Italy) mostly thin, half filled, and laid to be waiting for the recruits to join—and on the side of Russia, their present war with the Persians, and their designs on the Ottoman Empire, may afford sufficient employment for extraordinary armament and preparation—add to this, that the temper of a Court is sometimes made known by incidents that, although slight in themselves, betray its important secrets. The following is a translation of one of this nature:
PETERSBURGH, August 19.—We must not believe that every person here is for war—Peace has also its partisans; and it is remarked, that while the friends of war are of the English party, the friends of peace are on the side of France; and this proves that the pacific intentions of France are not misunderstood, notwithstanding all endeavours used to infuse an opinion to the contrary. Some days since, in a numerous circle at Court, when the conversation chanced to turn on the political situation of Europe, Madame de W. who is known to be in all the secrets of government, asked, with a careless air, if the Emperor Alexander meant to sell again to the Cabinet of St. James, the Russian soldiers which the English refused to exchange, and which were restored to his father without ransom, by the present chief of the French nation? This simple or forcible question astonished every one, and put an end to the subject—next day it was mentioned in all the inferior circles as indicative of peace with France.
In reviewing the late European publications, it is worthy of notice, that Jerome Bonaparte, who was considered here as an effeminate boy, has, with 4 or 5 French ships of war, demanded and obtained the liberation of all the French prisoners at Algiers, 232 in number, some of whom had been in slavery twenty years!—(vide Herald of to-day)—The truth of some of the following translated facts seem contradicted by subsequent events. The Herald.
PARIS, September 15.
MINISTRY OF THE MARINE.
Jerome Bonaparte, Captain in the Navy, Commanding a Division in the Mediterranean to his Excellency the Minister of Marine and the Colonies.
On board La Pomone, in the road of Canea, 12th Fructidor, year 13. Mr. Minister, I have the honor to inform your excellency that the mission which H. M. has been pleased to intrust me with, has been happily fulfilled. The division under my orders has just anchored in the harbour of Genoa, with 231 slaves on board, all in good health as well as the crews. They will be landed in two days, conformable to H. M's instructions. The City of Algiers and its neighborhood were in perfect health at my departure, as is proved by the declaration made to me by Mr. Dubois Thainville, the emperor's Chargé d'Affaires.
This expedition would have been sooner brought to a conclusion, had it not been for the circumstances which rendered it necessary for me to put into Toulon, and of which I have had the honor to acquaint T. Ex. by my dispatch of the 23rd Thermidor. I was not detained there a long time, thanks to the care and activity of the Maritime prefect. In 72 hours the division was in a state to set sail and proceed on its voyage. I had dispatched the Abielle sloop, capt. Eydoix, two days before to inform the Commissary General of Commercial Relations at Algiers of my approaching arrival and the object of my mission. I desired him at the same time, immediately to set on foot a negotiation for freeing the slaves at liberty, in order to save me the delays and difficulties which I might otherwise meet with.
I set sail from Toulon, on the 26th Thermidor, at ten in the morning with a strong breeze from the N. W. with close reefed topsails. I flapped my course towards Mahon, where I hoped to fall in with an enemy's cruiser. I passed it a league, having only seen and visited some ships of our allies and neutrals, amongst the rest a Rigaud, out twenty two days from Gibraltar. I learnt from her captain that rear admiral Bickerton with 5 sail of the line was then boomed in repairing his ships and taking in provisions, and that Lord Nelson was cruising off Cadiz.
On the fourth day of my departure from Toulon, I arrived at Algiers. The Abielle sloop of war had arrived there 48 hours before me. Mr. Dubois Thainville, had no sooner received my letter than he set on foot the negotiation I had entrusted him with, but was stopped in it by difficulties he was not enabled to remove—The Dey was little disposed to acquiesce in what was required of him. He would not comprise in the number of slaves whom I claimed, those who had been taken at Oran, and who, for upwards of 20 years, had been in the power of the Regency. He observed, that having been made prisoners whilst fighting under the Spanish flag, they ought not to participate in the same favour, besides which they had been refused to France at several different times. He added, however, that in honour of the Emperor's brother, he would consent to give up thirty of these slaves.
I replied to the Dey, through Mr. Thainville, who had come on board the Pomone, that I was satisfied with his intentions, that it was now my business to go to London myself with fulfilling only half of the number, and that which H. M. had entrusted me, and that the remaining half was not sufficient for me to have the number which he offered me, but that I insisted on having the whole. French, Ligurians and Italians in his possession. That if in twenty four hours, my proposition was not agreed to, I should have nothing more to say to him, and would break off all negotiation. On the following morning I had a favourable answer, and in the evening received on board my division 231 slaves, which the Dey caused to be delivered to me, contrary to the custom of the country after sun set.
I set sail on the same evening, the 2d Fructidor. On the 7th at 12 leagues to the N. E. of Mahon, I desired a frigate 9 miles to windward, the wind then blowing very fresh from the N. N. E. the sea being very heavy obliged me to take in all the reefs. Under such circumstances I could not hope to come up with the frigate, which had the wind on the other tack. Two other sail bearing in light at the same time, I resolved upon giving chase to them as they were to leeward. I spread out my division, and caused it to manoeuvre so as to cut off their retreat, had we been better sailers. One of them, which was a frigate bore away under all sail the cold carry, and I lost sight of her during the night. The second I soon came up with, and found her to be an American from Leghorn to Boston. I learnt from her captain that she had fallen in with on the preceding evening, with 2 English frigates, the same I apprehend which I had just seen and which escaped by their distance from me and superior sailing. I continued my course, and after 5 days calm and light breezes, arrived in Genoa road, on the 16th Fructidor, at 5 in the morning.
Accept Mr. Minister, the assurance of my distinguished esteem. J. BONAPARTE.
GENOA, 16 Fructidor.
The Arch-Treasurer of the Empire to the Cardinal of Genoa and the Bishops of the three Departments.
The Emperor's brother commander of the naval forces, is returned to Genoa after having fulfilled the mission entrusted to him by his august brother, with the greatest success. He has brought back all captives whose fetters have been broken by the happy union of Liguria to the French empire. It is His Majesty's intention that this event should be celebrated throughout the three departments with the sentiments with which he is himself penetrated; he looks on it as a benefit conferred by the Almighty, who has deigned to choose him to be the instrument of his bounty towards Liguria.
You will enter into his views, gentlemen, and in consequence cause Te Deum to be sung in your Cathedral, and afterwards in all the churches of your diocese, for this signal favour.
You will seize this opportunity to make known to the Pastors and people the gratitude they owe to a sovereign wholly occupied with their interests and happiness.
Receive, gentlemen, the assurance of my most distinguished consideration. Signed, LEBRUN.
Here follows a similar Letter from the Arch-Treasurer to the Prefects and Under-Prefects of the three Departments, after which the Moniteur has continues:
On the day when the Commandant and the captives who had recovered their liberty came on shore, the Counsellor of State, and Maritime Prefect gave orders that public rejoicings should be made in the harbor. Discharges of artillery were then heard from the batteries and forts.
The Arch-Treasurer and all the civil and military authorities received the commander of the naval forces at the landing place, after which they repaired with the captives to the Metropolitan Church. H. Ex. the Cardinal-Archbishop has celebrated a solemn Mass and caused Te Deum to be sung as thanks-givings.
The captives set at liberty have dined on board the ship le Genois .
The Arch-Treasurer received at dinner the constituted authorities and principal land and sea officers. The Commandant of the naval forces, brother to the Emperor, honored this banquet with his presence.
In the evening there was a ball and illumination.
On the same day also, the prisoners confined in the Malapaga, for debts not exceeding 300 fr. were set at liberty in consequence of orders from the Emperor, as were likewise those condemned for desertion.
The following morning was employed in forming the crew of the ship le Genois . The sailors judged worthy of that post, received two months pay in advance.
GERMANY.
We are informed that the Princes composing the "Corps Germanique" are determined, in case of a new war between France and Austria, they will publish a declaration of neutrality; and this has occasioned the frequent intercourse and negotiations between the greater part of these Princes. The Kings of Denmark and Prussia will be invited to guarantee this neutrality. It is said the declaration of his Majesty the Emperor of the French, to the Court of Vienna, relative to its warlike preparations and its arrangement of troops, was forwarded to the Imperial Minister by M. Le Rochefoucauld, the last of August, and that an answer might be expected the beginning of September. This answer is expected with the utmost impatience, as it necessarily will decide the question of peace or war.
According to all appearances the Austrian regiments are far from being complete—the Imperial Chamber demanded of the town of Constance, and in part of Suabia, 462 recruits for the regiment of Hellen; only; and after many representations the compromise was 262.
HOLLAND. (The Hague) Sept. 6.
Letters from Nimeguen the 3d of this month mention, yesterday the magistrates of this city received notice that 20,000 French troops would pass through, infantry and cavalry, and that the passage would be effected in 3 different days.
VIENNA, August 27.
The Minister of State, Count de Cobentzel, has communicated to all the foreign courts, the Note which the Cabinet of Vienna addressed on the 5th of this month to that of Berlin, and in which His Majesty the Emperor expressed his desire to renew the negotiations with which Mr. de Novoziltzoff had been charged.
SEMLIN, 20th August.
According to the latest intelligence from Servia, a body of 30 thousand Montenegrins and Herzegovinians have united with the insurgents to make common cause with them. By this junction, the forces of the Servians now amount to 100 thousand men.
Semindria has surrendered at discretion to the Servians. Seven of the principal Turks of that town, the authors of the last troubles, have been publicly beheaded, and all their substance confiscated. Uizza, a strong fortress, which the Servians had for a long time blockaded, has also been taken by assault. This garrison consisting entirely of Turks, defended themselves with utmost obstinacy. The insurgents, irritated at this unfeigned resistance, put a part of the inhabitants to the sword.
Private letters from Mentenegro and from Herzegovina announce that the inhabitants of those countries are in open insurrection, that the court of Petersthorch approves the conduct of the Servians, and that a body of Russian troops are expected shortly to arrive there from the islands of the Ionian sea.
CONSTANTINOPLE, August 2.
If any one should seek here for the ancient policy of the Ottoman court, and the court of Mahomet the 2d, or Soliman the magnificent, he would be miserably disappointed. The immense monarchy of the Turks is now a field of battle, where revolting Pashas, blind instruments of a foreign power, prepare the encroachments of a foreign power, prepare the encroachments of a foreign power, prepare the encroachments of a foreign power. The Divan, whose only business is to secure the decrees of the Grand Seigneur only when revolt costs more than obedience—he has made unfeigned efforts (real or dissembled) to reduce the Pasha of Trebizond, who is in full insurrection. The Pasha of Erzeroum marches against him, and seizes without defence Turkish Armenia, whilst the Russians penetrate into all parts of this fine country that belongs to the Persians, and assemble 1 rege forces on the side of Erzeroum. The political situation of Turkey in Europe is still more alarming—the principalities of Moldavia and Wallachia, protected by Russia, are delivered over to the influence of Russia, much more respected at Jassy and Bucharest than the orders of the Grand Seigneur are at Constantinople. Half of Bulgaria is submitted to Pashan Oglu. All Servia is in insurrection, and demands independence. The warlike population of Albania has increased the armies of the Russians assembled at the Seven Islands, and M. d'Italinski, under pretence that the troops that come from the Black sea would be too straitened at Corfu, expects that they should be debark at in the Morea province, that is to say, in the Epirus and the Morea. The Divan, whose only business is to secure the decrees of the Grand Seigneur only when revolt costs more than obedience—he has made unfeigned efforts (real or dissembled) to reduce the Pasha of Trebizond, who is in full insurrection. The Pasha of Erzeroum marches against him, and seizes without defence Turkish Armenia, whilst the Russians penetrate into all parts of this fine country that belongs to the Persians, and assemble 1 rege forces on the side of Erzeroum. The political situation of Turkey in Europe is still more alarming—the principalities of Moldavia and Wallachia, protected by Russia, are delivered over to the influence of Russia, much more respected at Jassy and Bucharest than the orders of the Grand Seigneur are at Constantinople. Half of Bulgaria is submitted to Pashan Oglu. All Servia is in insurrection, and demands independence. The warlike population of Albania has increased the armies of the Russians assembled at the Seven Islands, and M. d'Italinski, under pretence that the troops that come from the Black sea would be too straitened at Corfu, expects that they should be debark at in the Morea province, that is to say, in the Epirus and the Morea. The Divan, whose only business is to secure the decrees of the Grand Seigneur only when revolt costs more than obedience—he has made unfeigned efforts (real or dissembled) to reduce the Pasha of Trebizond, who is in full insurrection. The Pasha of Erzeroum marches against him, and seizes without defence Turkish Armenia, whilst the Russians penetrate into all parts of this fine country that belongs to the Persians, and assemble 1 rege forces on the side of Erzeroum. The political situation of Turkey in Europe is still more alarming—the principalities of Moldavia and Wallachia, protected by Russia, are delivered over to the influence of Russia, much more respected at Jassy and Bucharest than the orders of the Grand Seigneur are at Constantinople. Half of Bulgaria is submitted to Pashan Oglu. All Servia is in insurrection, and demands independence. The warlike population of Albania has increased the armies of the Russians assembled at the Seven Islands, and M. d'Italinski, under pretence that the troops that come from the Black sea would be too straitened at Corfu, expects that they should be debark at in the Morea province, that is to say, in the Epirus and the Morea. The Divan, whose only business is to secure the decrees of the Grand Seigneur only when revolt costs more than obedience—he has made unfeigned efforts (real or dissembled) to reduce the Pasha of Trebizond, who is in full insurrection. The Pasha of Erzeroum marches against him, and seizes without defence Turkish Armenia, whilst the Russians penetrate into all parts of this fine country that belongs to the Persians, and assemble 1 rege forces on the side of Erzeroum. The political situation of Turkey in Europe is still more alarming—the principalities of Moldavia and Wallachia, protected by Russia, are delivered over to the influence of Russia, much more respected at Jassy and Bucharest than the orders of the Grand Seigneur are at Constantinople. Half of Bulgaria is submitted to Pashan Oglu. All Servia is in insurrection, and demands independence. The warlike population of Albania has increased the armies of the Russians assembled at the Seven Islands, and M. d'Italinski, under pretence that the troops that come from the Black sea would be too straitened at Corfu, expects that they should be debark at in the Morea province, that is to say, in the Epirus and the Morea. The Divan, whose only business is to secure the decrees of the Grand Seigneur only when revolt costs more than obedience—he has made unfeigned efforts (real or dissembled) to reduce the Pasha of Trebizond, who is in full insurrection. The Pasha of Erzeroum marches against him, and seizes without defence Turkish Armenia, whilst the Russians penetrate into all parts of this fine country that belongs to the Persians, and assemble 1 rege forces on the side of Erzeroum. The political situation of Turkey in Europe is still more alarming—the principalities of Moldavia and Wallachia, protected by Russia, are delivered over to the influence of Russia, much more respected at Jassy and Bucharest than the orders of the Grand Seigneur are at Constantinople. Half of Bulgaria is submitted to Pashan Oglu. All Servia is in insurrection, and demands independence. The warlike population of Albania has increased the armies of the Russians assembled at the Seven Islands, and M. d'Italinski, under pretence that the troops that come from the Black sea would be too straitened at Corfu, expects that they should be debark at in the Morea province, that is to say, in the Epirus and the Morea. The Divan, whose only business is to secure the decrees of the Grand Seigneur only when revolt costs more than obedience—he has made unfeigned efforts (real or dissembled) to reduce the Pasha of Trebizond, who is in full insurrection. The Pasha of Erzeroum marches against

NEW-YORK, November 4.
A gentleman from Point-Petre, informs us that when the British frigate Cambrian captured the French privateer Matilda, 45 of her men were put on board the Schooner Flying Fish...
Mercantile Adv.
Capt. Greene, of the brig Franklin, informs us that the British frigate Cambrian captured off the Hook, on Friday afternoon, the ship James and William, of Portsmouth, N. H. from the Isle of France, for New-York.
The Cambrian captured on Saturday off the Hook a brig from Martinique, for New-York.
The President of the United States has issued his ex-quator recognizing George Hammekin, Esq. his Danish Majesty's Consul for the ports of the State of New-York, New-Hampshire, Massachusetts, Rhode-Island and Connecticut.
Baltic Trade—His Danish Majesty's Consul for the Middle States of North-America pursuant to his directions received, gives further notice to the concerned, that every vessel trading from the United States to any port in the Baltic has occasion for a Bill of Health...
J. F. ECKARD. Philadelphia, Oct. 31, 1805.
The brig Amazon, of Newburyport, captain Brown, failed from Wilmington, N. C. on the first ult. bound to Barbadoes, and on the 12th returned, after having met with the most untoward accident and providential escape...
October 1, at 7 A. M. weighed anchor at Port-Johnston and went over the bar, with the wind at N. N. E. and blowing fresh; at 10 do. the wind hauled at N. E. and still increasing...
October 2, strong breeze and high sea from the northward with rain, were obliged to keep the vessel before the wind, she still being full of water and flooding under bare poles...
October 3, wind at N. W. and moderate, but still flooding under bare poles; we found most of the wedges had worked out of the masts in the gale; the main hatches had likewise risen a little, and the fore scuttle gone...
October 4, at 4 A. M. got soundings in 25 fathom water. On the 10th we spoke the ship Eliza, from Liverpool bound to Savannah, but she could give us no relief...
October 10, at 5 P. M. saw Cape Roman bearing W. N. W. 4 or 5 leagues distant. All hands still pumping, at 6 P. M. to our great joy, the pump sucked. At 8 A. M. a breeze coming up from S. S. E. and we shaped our course for Cape-Pear...
October 11, at 1 P. M. got a pilot, and at 4 came to anchor at Port-Johnston. BALTIMORE, November 5. A commercial gentleman of this city, politely favoured the editor, yesterday, with the Gazette Politique...
TRANSLATED FOR THE AMERICAN. IMPERIAL DECREE. Jacques Riff, Emperor of Haiti, and Commander in chief of the Army, by the Grace of God and Constitutional Law of the State.
Decree as follows:— 1st. Every vessel detected in opposition to the laws of exportation or importation, shall with its cargo, be confiscated to the use of the state.
2d. Any vessel suspected of frauds, supported by the armed force of the place, called upon by the administrator, shall be compelled to unload, under the strictest examination, of which a process verbal shall be drawn up...
3d. Every director of the customs, where a vessel shall be detected in any fraud, either in the duties of import or export, shall be dispossessed of his rights and treated with the utmost rigour of the law.
4th. Every patented depositor is bound to justify, before the administrator of the place, before the vessel consigned to him, shall have quitted the harbour, the amount of the cargo in merchandise...
5th. The patented houses of deposit, shall be bound to produce, in support of the manifest of the freight produced by the directors of the customs, their permits for sale, which shall be deposited in the office of the administrator.
6th. Every vessel, 24 hours after her arrival, shall be bound to declare whether her cargo is to be sold in the port, or whether the means to make sail for another port.
7th. Every individual, who shall be convicted of having purchased any article, without obtaining a good and efficient permit, shall undergo six months imprisonment, and his property confiscated.
8th. Every bearer of permits to dispose of their effects, are bound to deposit them with the administrator of the domains—and new permits to be delivered to him, appraising the nature and quantity of the effects in his possession.
All holders of whatever rank or possession, convicted of having sold any produce, without having previously satisfied the duties on their properties, shall be criminally prosecuted.
(The last article relates to the proprietors' duties on their farms.) At the palace of Gonaives the 23d September, 1805. DESSALINES. By the Emperor, JOSE CHANLATTE, Sec'y General.
NORFOLK, Nov. 5. Yesterday arrived in Hampton Roads, the U. States frigate Congress, Captain Decatur, 40 days from Tangiers.
Mr. Wynn the purser, with whom we conversed, informs, that Dr. Davis, our Consul, with an ambassador and suite from the Bey of Tunis, are on board—that the Constitution is now under the command of Capt. Stewart, and had failed three days before the Congress for the United States—that the Essex was commanded by Capt. Campbell—and that the Adams was daily expected at Gibraltar, bound home.
CHARLESTON, Oct. 29. An article has appeared under the head of New-York, stating that the British had landed 1500 troops at Cape Nicholas Mole, for the purpose of retaining possession of that place.
The Times. CONSULATE OF SPAIN. Charleston, 14th June, 1805.
The Consul of his Catholic Majesty, informs the merchants and traders within his consular jurisdiction, that the importation of dry goods (muslins excepted) from other ports, are permitted at Porto Rico and that the usual documents will be granted at this office, for vessels bound to said port.
The duties payable on dry goods are 10 per cent. and on provisions 5 per cent. with liberty to export the produce of the island on paying five per cent. DIEGO MORPHY.
PHILADELPHIA, November 6. On Saturday the first series of actions which we hired as impending were deposited in the Sheriff's office of this district.
Matthew Lawler, Esq. Thomas Leiper, Esq. Dr. M. Leib. Mr. Jacob Mitchell, late a member of the State Legislature. Wm. Duane, printer.
The verity of the fact which had been so long rumoured, we came to know yesterday, the Sheriff not only executed the writ in person—What the specific grounds of these writs are, we are yet to learn; report says that the several authenticated addresses to the public prior to the late election form the basis of these prosecutions, such as the address of the members of the legislature which Mr. Mitchell is prosecuted for signing as secretary...
Aurora. Extract of a letter from Nathan, N. Providence, dated 14th October. "All American vessels, bound to enemies ports, with a cargo not the produce of the U. States, will be liable to confiscation."
GRAND LODGE OF VIRGINIA. THE Grand Lodge of Virginia will meet in the Mason's Hall in this city, at 6 o'clock in the evening of Monday the 9th day of December next. W. H. Fitzhugh, G. S. Nov. 12. tf
THE Subscriber purports practicing the Law in all the Courts held in the city of Richmond; also in the County Courts of King William and Hanover; wherein any business confided to him, shall meet with prompt attention. ANDREW STEVENSON. Nov. 12. 4t
RICHMOND, 12th NOVEMBER.
We owe no apology to our readers for postponing other original matter, to make way for the following report of a most interesting decision given last Thursday in the Court of Appeals.
COURT OF APPEALS. (Present Judges—Lyons, Fleming, Carrington, Roane. Judge Tucker did not sit on the case, being the proprietor of a lot in Winchester)
JAMES M. MARSHALL, Appellant. vs. DANIEL CONRAD, Appellee.
This was a suit for the back-rent and rent of a lot of Ground in the town of Winchester. It was tried in the District Court of Winchester, which gave judgment for the defendant: And the plaintiff appealed to this court. The principal facts are: That Thomas Lord Fairfax had all the land granted to him by the King of England, within the bounds of the Northern Neck; that at his own expense he kept an office within that territory, for granting appropriated land on certain terms; the principal of which were, the payment of a composition of 12 1/2 per 100 acres; that this office was kept open from 1748 to the time of his death in Dec. 1781; during which the rents reserved by him were paid to him as they accrued: That it was likewise the custom of the government of Virginia to grant lands without the Northern Neck, on the same principal conditions; that the said one shilling was throughout that part of Virginia denominated a quit-rent, until it was abolished in 1777, by act of assembly, and in the same manner, the said shilling was so denominated in the Northern Neck: That the old town of Winchester in the Northern Neck was surveyed and laid off for a town in 1732 by act of assembly, and that L. F. received 10 £. sterling per lot, besides a reservation of a rent of 5 £. sterling per lot, besides a reservation of a ground-rent, and sometimes a quit-rent by the collectors of L. F. and generally a quit-rent by the inhabitants of the town: That L. F. being seized of the N. N. devised all his interest in his lands to the Reverend Denny Martin, on condition of his taking the name and arms of Fairfax, which condition being complied with, he became lawfully seized of the estate devised: That the said Denny Martin Fairfax is a British subject, and was born prior to the year 1776: that the interest of Denny Fairfax in all the lots and rents in the town of Winchester, has been conveyed to the plaintiff by a deed which conveys all the tracts of land belonging to the proprietor of the Northern Neck with all the interest of the said Denny Fairfax whatever, saving and excepting the manor of Leeds, &c. and all the quit-rents reserved on grants of land in the N. Neck: that the lot mentioned in the declaration was granted by L. F. to James Lemon, under whom the defendant claims: that a compromise was entered into between the commonwealth of V. and the purchasers of the estate of D. M. Fairfax, in the following words, &c. "that the rents reserved on the present lot have been unpaid for 18 years, and in '98 the plaintiff demanded them, and that there was no distress to be found, whereupon the plaintiff entered for the forfeiture incurred for non-payment of the rent. (Call council for the appellant, Hay and Stuart for the appellee.)
OPINION OF THE COURT. ROANE: Judge. The principal object of this suit is to try the title of the appellant to a rent of 5 £. per annum, alleged to be due on a lot in the town of Winchester, and claimed by him as grantee under Lord Fairfax.
It is agreed in this case, that the rent of 2 £. per hundred acres reserved on lands granted in the Northern Neck, and on those granted in the other parts of Virginia before the revolution, was in these places respectively, called a quit-rent: but Mr. Call, counsel for the appellant, has made a complete seiso de se by appealing to the English idea of a quit-rent. He contends and refers to 2 Bl. Com. 42. for authority, that it is essential to a quit-rent that the land should be held under a manor , and also that on payment of the rent, the tenant should go quit of all further services. If this be the true standard, then the said 2 £. rent is not a legal quit-rent, & there never has been any in this country: for 1st: the grant for land by Lord Fairfax makes no mention whatever of a manor , and 2dly: the grant by the governor of V. annexes other services , besides the payment of the rent, viz: the cultivation and improvement of the land. Either then Mr. Call must give up the English standard of a quit-rent, or retract the concession he has made.
They must therefore resort to some other criterion of a quit-rent, fitted to the case of the said 2 £. rents, and to the question before the court. This criterion is either the popular or the legislative understanding of the subject, for a long succession of time. According to the popular acceptance, all those are quit-rents, which were referred to the king or proprietor, on an absolute grant of quasi land ; on a grant for which an original price was paid, generally denominated composition money ; and on which a trifling rent is reserved, as a mere feudal acknowledgment of tenure. This was the universal understanding of the subject, as far as it related to the 2 £. rent, because that rent was universal thro' the country: and the only reason why the 5 £. rent was not equally universal was, because it was local in its operation. So far as it was known, that is in and about Winchester, it is agreed to have been generally called a quit-rent by the people and sometimes by Lord F's agents.
If there be any general passages in our laws , which seem to confine the idea of quit-rent to the 2 £. rent, we must attribute it to the same want of knowledge respecting the existence of this local rent of 5 £. But this court can plead no such ignorance in excuse, and the case being fairly brought before it, it ought to try the present rent by the same principles which apply to the general rent of 2 £. They are substantially the same.
For 1st: The lot granted in this case is stated in the dec to have been "heretofore waste and unappropriated land," and it is so agreed there was no survey prior to the establishment of the town. The act for establishing the town of Winchester does not recognize the previous appropriation of the land; and the aid of the legislature was only obtained for the purpose of incorporating it. Being then land ungranted by the proprietors, before the grant in question, it stands on the same ground with all other vacant land in the same territory. 2dly: Composition money was paid on the grant of this lot, as on other vacant tracts. It is not indeed stated in the dec that the price of the lot was called composition money ; it is enough that they agree in all its essential features. 3dly: In both grants the rent is called alike "rent," or a "free rent," and neither is called a "quit-rent." 4thly: They are both perpetual , and 5th, they are of
trivial sums; either of them sufficient to convey an acknowledgment of tenure, but by no means commensurate to the annual value of the land. Why then should the court, merely on the ground of variation in the amount of the rent or composition, admit any difference in the case of the two rents, and thus lose sight of the great features, which are common to them both? But it is contended that these rents are not quit-rents , but ground-rents : If so, the question is at an end. For the assembly of V. anxious though they were to abolish feudal and perpetual rents, respected that perpetual revenue, which may have been in several cases reserved by one individual, or grants of land held by private ownership . Though they did not reject the Lord of the fee, they respected those rents which were due to the private owners of the soil. Before, however, these can be denominated ground-rents , it must be shown that Lord Fairfax was the private owner of the soil; because there is no instance of a ground-rent , in which the lessor of the premises had not acquired a private right to the soil. Lord Fairfax, however, was fully seised of the distinction, which existed between his proprietary & his private rights: For it was his uniform practice to make a conveyance of lands in fee in the usual form to some friend, and take back a re-conveyance thereof, when he meant to acquire the fee simple property in them.
The case before the court expressly finds that this was done in relation to the 2 manors, and to the lot No. 18 in the town of Winchester. If then the court should adjudge the lot or the rent accruing thereon to be the private property of the appellant, they will differ from Lord Fairfax himself, who thought a conveyance and re-conveyance necessary, whenever private property was to be acquired. The appellant, it is to be presumed, is bound by the admissions express or implied, of those under whom he claims; and L. Fairfax has fromly admitted that the private property of the lot in question did not exist in him, because he omitted to extend that proceeds to it which he employed in the case of the lot No. 18. Hence no argument from an alleged acquisition by survey can be admitted; even were that survey for his own use ; which it was not, because it was for the use of the purchasers , who were to pay a high rate of composition upon the grant of the soil. He indeed acquired a right of soil in lot No. 18; but that was not by survey . Having compared the lot in question with other unappropriated land, and found them to agree in their most essential features; having found that the present rents are not ground-rents , it may be proper to compare them also with leases on the manors stated in the dec , which are confessedly private property . But here there is no manner of similitude. The lessees of the manors paid no original price or composition therefor: They acquired no absolute property therein, but only the use thereof for a certain time. The rents payable on these are 20 £. or 40 £. per hundred acres: a sum surely too great as a mere feudal acknowledgment of tenure , and bearing a good proportion at that time to the yearly value of the land. If there was any similitude between the two cases, the appellant was bound to have shown it.
He now came to consider some of the acts of assembly on this subject. The acts of Oct. '77, chap. 2, and May '79, chap. 13, abolished quit-rents throughout Virginia, except in the Northern Neck. This did not invade the quit-rents of Lord Fairfax, because he was a citizen, although they had the best reasons for the abolition. Nor did they attempt such an invasion until they had found that those quit-rents had devolved upon alien enemies. Then they did sequestrate , and at last confiscate them. Those acts abolished quit-rents after expressly premising that it was derogatory to our people to hold their lands "subject to any feudal, feudal or precarious tenure , and to prevent the danger to a free estate from perpetual revenue :" act of '79, ch. 12, pa. 98. Here then is the legislative acceptance of a quit-rent : It is a rent which is feudal, feudal and perpetual . Had the legislature then abolished the quit-rents of L. F. would not this rent in question also have been swept away with them? Can it be denied that this rent is a feudal and feudal rent , and a rent that is perpetual ? If then the judgment of the district court be now reversed, will not this court create a Lord Paramount over the property in question? Will not the inhabitants of Winchester be subjected to the dishonorable customage of paying to such Lord Paramount, a feudal, feudal and perpetual revenue ? Will not they throw those citizens into that abject condition, from which the legislature of our country, at the very infant of the revolution, so anxiously endeavoured to remove all our people? How far this partial proprietorship may hereafter be attempted to be extended, in consequence of the precedent now to be set and the principles now to be adopted, he did not pretend to determine.
When the act of '79 discharged all "proprietors of lands" not only from quit-rents , but all other "reservations" &c. in grants of land from the king, even to the condition of cultivating the land ; would not this abolition have alike extended to lots in towns, if there had been any such granted directly by the Crown?
The analogy is very strong, between what the legislature did by the acts of '77 and '79 in relation to Virginia generally, and what they would have done at the same time in relation to the Northern Neck, if they had not respected the rights of Lord Fairfax as a citizen. But since his death, the abolition has extended into the Northern Neck. If the act of '77 which gave credit to the people of the Northern Neck for the quit-rent as part of the public taxes, has seemed to confine it to the 2 £. rent only, is there any reason why the same indulgence should not have been granted to the inhabitants of Winchester? At most, therefore, it is to be regarded as a casus omissus ; because its locality concealed it from the view of the legislature. May not that body then be permitted to correct itself? In fact, has it not corrected itself by defining a quit-rent to be a feudal, feudal, and perpetual rent ?
He had asked them, whether by reviewing this judgment, they would revive upon the people of the N. Neck, a partial proprietorship ? He would go further and ask, would they do this, notwithstanding the renunciation of such proprietorship by Mr. Fairfax, under whom the appellant claims? This renunciation, so far as it respected vacant lands, is explicitly contained in the act of compromise of 1796. That renunciation is also founded upon a valuable consideration; the grant by the commonwealth of Virginia of at least 300,000 acres of land, claimed by Mr. Fairfax, as his private property ; and which he would unquestionably have lost (but for that compromise) by a previous judgment in this court, that his alienage would have prevented all rights accruing under L. F's will. It was indeed to have been hoped, that this renunciation had given a death-blow to the proprietary rights in the Northern Neck: and that a ground-rent , like the present, would never have been fought out on which to build up this magnificent superstructure. The trifling sum now in dispute, like the celebrated pinus demanded by Archimedes, is to produce consequences which no man can pretend to foresee or estimate.—That the present claim is not expressly abolished by
the act of compromise, is to be feared in a seised at that day, that such a precaution would have been the useful work of improvident ! I sense there was an explicit disavowal of L. F's right thereto, in the convention, by several distinguished members of that body and among others by the very able gentleman, who afterwards as a purchaser under Mr. F. negotiated the compromise.
Mr. Roane recapitulated his arguments. He had endeavoured to show that the English Idea of a quit-rent must be explained, because according to that idea there was no such thing in this country: that the only alternative was then to resort to the popular and legislative exposition: that both these assimilate the rent before the court, and the 2 £. rent payable on lands: and that of course the rent in question was destroyed by the legislature in common with the 2 £. rent , when they abolished all "feudal, feudal and perpetual rents." Having made several additional remarks, he concluded with giving it as his opinion that the judgment of the district court was right and ought to be affirmed. Judge Marshall.
In the ship William Penn which arrived in Hampton Roads on the 4th instant, came passenger FULWAR SKIPWITH, Esq. counsel general for the U. S. at Paris, who reached this city on Friday night. He is on his way to Washington, charged with important communications to the government. On the subject of our relations with Spain and her ally France, Mr. Skipwith has hitherto preferred a studied and prudent silence. The Norfolk papers indeed presume to say, tho' without any authority from Mr. S. that "no hope of accommodation of our differences with that nation now remains."
Were we disposed to express our own opinion on a subject so completely wrapt up in the mazes of diplomacy, it would be, that very little progress has been made in the negotiation at Madrid since Mr. Monroe left that city, as no minister plenipotentiary has been there since his departure; that the feat of diplomatic skill is here in all probability transferred to Paris; that the original grounds of the negotiation have been altered by new propositions, and that it would not be a subject of great surprise to us, if thecession of the Floridas, had been thrown into the mass of propositions.
With respect to the prospect of peace or war between the late combined powers and France, Mr. Skipwith only remarks that the Austrian minister was in Paris when he left it, (20th September); that an army of two hundred thousand Frenchmen were about to take their station on the Rhine under Gen. Berthier as chief of the staff, from which it was supposed the emperor himself would take command; if war was the issue. That Messina was in Italy with another immense army, ready to proceed instantly upon a declaration of war; But that even under these circumstances there was great doubt as to a war with the emperor of Germany.
Mr. Skipwith has been polite enough to present us with a file of the Paris Monitor from the 1st to the 10th of Sept. which are not so late by eight days as those received at Norfolk. They contain, however, some general facts of considerable interest. A few of which we shall attempt to have translated for our next paper. Among other measures of the government, we observe a senatus-consultum for adopting the Gregorian Calendar on the 1st of Jan. 1806: The reasons for this innovation are detailed at considerable length in the speech of the orator of the government.
REMOVAL. RUSSELL & WALLACE have removed to the store formerly occupied by Mr. Perry Hovey, where they have for sale a General Assortment of GROCERIES: viz—
Loaf and Brown Sugar, Real Cognac Brandy, West India and New-England Rum, Holland Gin, Whiskey, Sherry and Malaga Wine, Molasses, Peppermint, Oil, Square and Flat Iron, Cut and Plain Tumblers by the Gross, Young Hesson and Imperial Tea, Alum, Salt Petre and Pimento, Indigo, Black Pepper, Loose and Sack Salt, Butter by the firkin and retail. A few barrels Philadelphia porter—and will receive per the Schooner Richmond Packet, some excellent Philadelphia beer: all of which they will dispose of at a moderate price. N. B. A few bacon hams for sale app'ns as above. November 12. 4t
PUBLIC SALE. Will be sold at public auction on Thursday the 19th inst.
THE HOUSE and LOT occupied by Mr. John Leonard, adjoining the brick buildings lately erected by Mr. John Pendleton—the terms of sale will be 1/3 in 60 days, 1/3 in 120 days, 1/3 in 180 days, and the remaining 1/3 in 9 months. Negotiable notes with satisfactory endorers will be required of the purchaser. November 12. tds.
PUBLIC SALE. On Tuesday the 17th day of December next, will be offered for sale to the highest bidder, at the late dwelling house of Col. William Peachey, deceased in Richmond county:
ALL the NEGROES belonging to said estate, consisting of Men, Women, Boys and Girls. The sale will commence at 11 o'clock, and terms of sale made known on the day of sale. JOHN NICHOLSON, adm'r. Nov. 12. ep13D
TO BE SOLD. At Warren, in Albemarle county, on the 10th of December next.
ONE hundred prime NEGROES, consisting of Men, Women, Boys and Girls. A credit of one, two and three years will be allowed upon the purchasers giving bond and approved security. On account of the length of credit more than ordinary attention will be paid to the security that will be required. WILSON CARY NICHOLAS. Warren, November 12. tds.
This Day is Published, And For Sale at the Post-office of the Enquirer, 1/4 Minerva Office: THE VIRGINIA ALMANACK, For 1806: PRINTED FOR T. RITCHIE and COOK, ST. GEORGE'S LAND—containing A considerable variety of matter; Political, Agricultural, Medical and Miscellaneous. Among others, an Essay on the Oratorical Character of Curran, attributed to the author of the British Spy.

FIRST REPORT,
OF THE BRITISH BOARD OF HEALTH.
An outline of a Plan to prevent the spreading of the Plague or other Contagious Diseases, presented by the Board of Health, agreeable to the instructions of His Majesty's most honourable Privy Council.
Published in London, August 27th.
(Concluded.)
The efforts to be made to extinguish the disease can be all much more completely carried into effect in the beginning, while there are but few ill, than after the contagion has extended to a greater number, therefore, every thing that diligence and zeal can dictate must be done in the first instance. On the melancholy supposition that it spreads widely, new measures would become necessary.
As soon as any town is declared to be infected, it ought to be divided into districts. Those inhabiting the several districts should be at liberty to depart; but from the infected districts none should be permitted to remove without a certificate of health signed by the justices belonging to that district.
Three justices at least in each district should meet daily for the purpose of receiving applications for relief of granting certificates of health, of providing for the burial of the dead, of conveying the sick to the hospitals, of regulating the supply of provisions, of appointing different officers and attendants, &c.
A council of the justices should meet once in the week, or oftener, to consider the best manner in which their resolutions can be carried into effect. They should also report to the Privy Council or the Board of Health.
It will be the business of the justices to appoint examiners who may diligently enquire into the state of health in each district. These examiners ought to be persons acquainted with diseases, as surgeons or apothecaries.
Besides examiners, it will be necessary to provide, 1st. watchmen or guards to be stationed at the doors of the infectious houses; 2d. messengers, who shall procure every thing that is wanted; 3d. carriers and carriages, to convey the sick to the hospitals, and others to carry the dead to the places appointed for their burial; 4th. constables or overseers, who shall see that the above-mentioned officers perform their duty.
Physicians, surgeons, and apothecaries, and all other persons, should be enjoined to give immediate notice to the magistrates of every case of infection.
After the disease has spread, the number of sick rendering it impracticable to provide adequately for them while they are dispersed in different parts, or to remove all the other inhabitants from every infected house, it becomes expedient to carry the sick, as early as possible, to some temporary hospital, unless their situation in life enable them to provide for themselves, without risk to the public in a manner that shall be satisfactory to the magistrates.
Every attention will be necessary to render the hospital as clean and comfortable as possible, that the sick may not consider it as a hardship, they will endeavour to avoid, but as a benefit they will be glad to embrace.
It will be necessary, beforehand to provide servants for the hospital, and also a superintendent, upon whom much will depend. There must likewise be carts for the exclusive purpose of removing persons to the hospital. For hospitals may be used, houses, barns, sheds, tents, or any other buildings the magistrates can appropriate to this use.
The uninfected part of the community should be divided into sick, suspected, and convalescent; and they must be kept separate. Of the suspected the individuals ought as much as possible to be kept distinct from each other.
The uninfected persons who have been living in the same house with the sick, ought to be considered as very much suspected; they should be confined either in the house, or in some place of observation for the space of 20 days before they are declared to be found. During this time they should be examined night and morning by some physician, surgeon or apothecary; and on the first appearance of disease, that person should be taken to the hospital; and the others who have had communication with him, should be obliged to begin quarantine anew.
In order the more effectually to prevent the contagion from spreading among the people, all meetings or assemblies of every kind should be discontinued; all places of public amusement should be shut up, as play houses, &c. and even the schools and churches should not be opened, and the places appointed for markets should be removed without town.
It becomes a duty of the magistrates likewise to appoint burial grounds. The burial should be conducted privately; and in the night time, without tolling a bell; and the bodies ought to be deposited at a depth of not less than six feet below the surface.
Moreover, some provision will be necessary for orphans or helpless children; and likewise for those poor people who are distressed by the interruption of their usual business. But their relief only be relieved when their situation is properly attested.
For securing the goods of those who are moved from their own houses to the house of observation, the magistrates should direct such measures to be taken as to them may seem most expedient. The apartment used might be sealed up; the goods and furniture might be shut in one or more rooms, also to be sealed. What remained in use for the sick, if an hired nurse were employed, should be taken account of, and the inventory entered in a book to be kept by the magistrate.
The intercourse with neighbours should be as little as possible, and any person finding any symptoms of disease upon him, should separate himself from others, and the moment the complaint is found to be the plague, or pestilential disease, he should give that notice to others which he would think but fair should be given to him by another in his situation. This cutting off of intercourse has been proposed to go the length of putting every one into quarantine; but there are many difficulties in doing this; and we hope the disease might be cut short before such a measure becomes necessary. Yet it will deserve the attention of the magistrates to promote the wishes of individuals who, from a desire to cut off intercourse, may propose to confine themselves to their own houses. This may be done by appointing proper persons to go to market for them, and furnish all such families with necessaries. Supposing the disease not to have been cut short in the beginning, but to continue to spread, great advantages would result to the public from this measure.
Any physician, surgeon, or apothecary, who attends the sick of the plague, or other like disease, should be obliged to confine his practice entirely to that department. He should be required to carry a wand, or other mark of distinction, and to avoid as much as possible, all communication with other people. He should keep one coat for the special purpose of visiting the infected; and immediately upon his return home each day, should put it off to be properly fumigated. The family residing in the house with him should all be considered as suspected; and as soon as they have had their full exposure to infection, twenty days subsequent to his last exposure to infection.
We think it right to state, that there is no known antidote against the contagion of the plague, or other diseases of a similar kind; for it is necessary that people should not expose themselves to danger from a reliance on the virtues of any vain remedies which may be recommended with that confidence which generally attends ignorance, and which is often sufficient to impose upon the unwary. At the same time we are very far from depreciating the importance of medicine at such a time. For, though indeed it furnishes us with no specific to strike at once at the root of the disease, yet does it suggest various means of relieving the most distressing circumstances which attend it, and of assisting the natural powers of the constitution to withstand the baneful effects of its poison.
It may be proper to take some notice in this place of the employment of fumigations. Those prepared from the mineral acids in the manner heretofore, to be described, may at any time be employed in the sick chambers; but we feel it our duty to discourage such a reliance on their efficacy as would prevent an attention to the more important object of ventilation.
The above precautions will, in our opinion, afford the greatest possible security to the public, at the same time that due provision is made for the care of the sick. Nor can they give rise to concealment through fear & apprehension, in any rank of life. To the poor man, what will be more desirable than to know that he will not be abandoned in the most cruel of all diseases. Even in the separation of the sick from those that are well, there is nothing that should create alarm. For the poorest, seeing the reason for which it is done, should rejoice, in the prospect it holds out, of saving perhaps his wife, his children, or other near relations, from the most imminent danger of destruction; and we do not think it too much to expect, from the information and sense of justice that pervades all ranks even the poorest in this country, that they should lend their helping hand with the same zeal they would in the case of fire or other impending misfortune. Even the sick would find their advantage in giving the earliest notice of their disease. For what could any one, ill of such a malady, desire more, than that he should have proper assistance himself, and that those most dear to him should be saved from the danger of perishing by contagion derived from him? We beg leave to repeat again, that we do not think we presume too much on the good sense of the country, to suppose that the poor will see the reason and justice of the measures to be taken; and that those in better circumstances will not only readily acquiesce in them, but give their best aid to render them efficacious. By doing which, in every rank of life, while we are discharging a sacred and important duty to our fellow creatures, we shall all likewise best consult our own safety.
It will be highly important that the nature of any pestilential disorder which may unhappily be introduced, should be discerned at an early period. It may, therefore, be useful to give a short account of the distinctive symptoms by which the plague and the pestilential distemper at Gibraltar are principally characterized.
Persons ill of the plague are attacked with the following symptoms: with cold and shivering, with a lassitude and pain in the limbs, with a loss of appetite, sickness and sometimes vomiting, also with a pain in the head. These affections are the companions of most fevers at the beginning; but in the plague the head ache is particularly severe, and there is a confusion and weight in it, and a giddiness which comes and goes. There is an uncommon prostration of strength, and a great oppression about the praecordia, accompanied with an unusual dejection of spirits. The sick are inclined to be silent; and though anxiety is strongly marked in the countenance, they make but few complaints. If these symptoms do not put an end to life in 24 hours, they encrease in violence through the second or third day, and the progress of the disorder then shows itself in tumours of the lymphatic glands, in the armpits, groins or neck, or by carbuncles which appear in many parts of the body. And these eruptions are such specific marks of the plague, that one or other of them is almost always present, unless through the extreme malignity of the disease or the weakness induced, the patient falls before they have time to appear. These general notices we conceive to be sufficient to make the attending physician or others aware of what they are to apprehend, and to decide him in taking the necessary measures of precaution which the circumstances may require.
Though the history of the pestilential fever which has prevailed at Gibraltar, and on the coasts of the Mediterranean, be not perfect, yet we think it our duty to lay before your Lordships some account of it, according to the best information that has been received of its nature and character.
It begins with a cold shivering, pain in the limbs frequently, but not always, accompanied with sickness, and a disposition to vomit. There is a pain in the head, more or less violent, attended with a suffusion and redness of the eye. In many, the pain of the head is very distressing, and in some cases confined to the forehead, whilst in others it extended very low down between the eyes and cavities of the nose; sometimes the cheeks and the whole countenance was swollen with a glossy appearance. The pulse in this disorder is full and quick, soon after the accession of the fever, but without any difficulty of respiration. The heat of the skin, as soon as the cold went off, became always very great; and this heat with a full quick pulse and pain in the head generally continued to encrease during the first 36 hours, and then to decrease gradually for the same length of time; so that at the end of 72 hours, all febrile heat and fullness of the pulse, as well as the pain of the head and limbs seemed to have left the patient. In his progress of the disease, a bleeding from the nose often happened, and a yellowness of the skin came on, especially if the distress about the stomach had been great, and the effect of vomiting violent. A slight delirium sometimes comes on. But like the yellowness of the skin, it is by no means constant. On the third day of the attack, it frequently happens that the irritability of the stomach is greatly increased, and in some cases nothing can be afterwards retained on the stomach. The evacuations from the bowels now likewise become too frequent, attended especially if active purgatives had been given with a total suspension of the office of the kidneys. No urine seems to be secreted; for there is no inclination to make water nor any sense of fulness in the region of the bladder, nor any urine to be drawn off by the catheter. These symptoms viz. an increased irritability of the stomach, the adventurous diarrhoea, & the deficiency of urine, accompanied with hiccough, are considered as extremely unfavourable symptoms, and very few persons recover after their appearance, especially if there be in the ejecta from the stomach light ragged filaments of a brownish colour, resembling the washing of a brownish colour, resembling the washing of the mouth when port wine or any red wine has been used for that purpose. The great debility of the pulse, with the excessive prostration of strength which now takes place, are symptoms which forbode a fatal termination of the disorder.
The foregoing regulations, though far from being complete, have been drawn up with care and considerable labour, from a great variety of enquiries which they involved; and we have thought it right to lay them, in their present state, before the Lords of His Majesty's Most Honourable Privy Council in order that it may be seen we have not been neglectful of their Lordship's commands in entering upon the business they had proposed to us. — We beg leave to state, that we continue to employ ourselves in the further execution of this part of our duty, and that we are at present engaged in considering the best means of purifying goods or houses which may have been exposed to infection. On this point we hope soon to present to His Majesty's Privy Council such observations as appear to us most worthy of attention.
A. S. HAMOND, J. HUNTER, F. MILMAN, H. R. REYNOLDS, A. MUNRO, W. HENDERSON, LUCAS PYYS, J. N. HARNES, JAMES HARVEY, Secretary, Board of Health, April 20, 1805.
JUST RECEIVED AT JOHN PUMFREY'S, BOOK-BINDER AND STATIONER.
TWO hundred and fifty Reams of FOOL SCAP PITT and POST WRITING PAPER. He has also on hand an extensive stock of BLANK BOOKS of all descriptions, manufactured from materials of the first quality, and every other article in the Stationery line. Tickets for sale in the Second Class of the Richmond Academy Lottery. October 11. THE HIGHEST PRICE (IN CASH) WILL BE GIVEN AT THIS OFFICE FOR CLEAN LINEN & COTTON RAGS, May 14.
A LIST Of persons, representing themselves to be American Seamen, impressed and detained in the British Service for want of documents to prove their citizenship. As the former places of residence of these men are unknown at the Department of State, their friends are in this manner requested to procure proof of their citizenship, with descriptions of their persons, and forward the same to the Secretary of State, in order that proper application may be made for their discharge.
John McConnel, Levi Hall, Henry Williams, Edward Owens, Robert Talman, Jos. or Th. Queenichet, Thomas Thompson, Joseph McKeuder, Alex. Kirkwood, Nathaniel Tolman, Charles Williams, John Love, Thomas Church, Jonathan Archer, Samuel Wilson, William Smith, Nicholas Powers, Hughes, John Burnmore, Joseph Muratt, Emes Wright, Joseph Woodfin, John Frederick, John Jones, John Wheeler, John Laisley, John Bailey, Charles Mitchell, John Farewell, Wm. Blechford, John Truman, Wm. (alias) James Deale, Joshua Porter, John Ferguson, Timothy Small, William Wall, Jun., Isaac Van Blaken, Marcus Stephens, Michael Nugent, Samuel Jenkins, Richard Mather, William Rowland, Benjamin Lusina, John Robinson, W. S. Beard, John Jackson, Thomas Patton, John Woolcock, Mayhew Tilton, John Lepper, Richard Strange, John Seymour, Bosworth Cole, Edward Rogers, George Sloan, Francis Swift, Thomas Crippen, John Smith, John Dennis, Thomas Manning, Wm. Clark, James Lynn, Benj. George, Londoun or Lien Donell, James Stud, David Coleman, John Stewart, Zenas Swift, Thomas Jones, Edward Miller, Nich. Colton, Wm. Bully, Caro Martin, James Wormsley, Daniel Dylon, Archd. McKechnie, Richard Smythe, David Stafford, Peter M'Farlane, Frederick Rhodes, John Hunt, James Watts, John Hayes, Samuel Sohier, John Love, John Rice, John Campbell, Anthony Nelson, Alex. Carlisle, William Bond, Stephen Lewis, Thomas Simonton, Francis Edmonds, Thomas Edwards, Wm. Cole, Joseph Percin, George Durant, William Mines, Wm. Podd, Edward Moore, Jacob Rhan, Henry Bowling, Wm. Lyons, John Slocum, Wm. Wilson, George Watson, James Chaffin, Thomas Morris, Henry Bowling, Samuel Brown, Edward Robinson, George Watson, Edward Wetford, William Wall, George Gray, Ebenezer Buckingham, Samuel Hills, James Wilson, John M. Walker, John Wildman, Samuel Dunkin, Philip Ford (alias) Carrol, Benjamin Noyes, Thomas Simonton, J. Hugner, alias Jack, John Ready, George Birch, John Smith, John Welch, Samuel Dalkon, John Thompson, Anthony Rutcas, George Walker, Daniel Beathers, John Meridith, Henry Champmon, John Johnson, John Lawton, William Buck, Wm. Armstrong, John Howes, Samuel Rowson, Thomas White, Samuel Lloyd, Peter Johnson, Daniel Johnson, John Thompson, George Mars, Daniel Merridith, John Reid, William Finlay, John Grant, Abraham Hainard, John Miller, Liff Young, Thomas Pennock, George Waiby, John Robinson, Joh. Thompson, James Featherstone, Elias Huett, William Sculla, Barns, McNut, John Hankerson, Samuel B. Spencer, Joseph Wilson, Joseph Hexis, Isaac Gaines, George W. Eddy, George Parrington, John Hanford, James Gray, Thomas White, Richard Dawson, Joseph Percin, Richard Read, John Brack or Brock, John Brown, Benjamin S. Hunt, William Wilson, John Rick, Jr. (alias), John Benfen, Joseph Hix, Robert Coulson, Samuel Brown, Samuel Bond, Francis Lamott, Peter Harvey, Peter Lauries or Lewis, William Sherrard, Robert Crobie, Joseph Blake, William Jarvis (alias), J. Talman, Clement Coffin, Peter Wilson, Isaac Gaines, Charles Lovy, Ebenezer Turner, Gilbert Lewis, William Robertson, William Thompson.
The Editors of the National Intelligencer, and of the several papers in the Atlantic States, who publish the laws of the Union, are requested to publish the above three times. Department of State, October 25, 1805.
VIEWS OF TRIPOLI Will shortly be Published, elegantly Engraved & Coloured, by Subscription, on the following terms: 1st: Each Plate shall be 20 inches by 14, on an excellent copper-plate paper—for which the subscriber shall pay two dollars. one of which will be received in advance, for the purpose of enabling the proprietor to carry into effect an undertaking to interrelating at this moment to the Citizens of the United States. 2nd: The Plates shall be delivered to subscribers in this city without delay, on their emission from the press, by the hand of the person who took the Views on the spot—There will be an advance to non-subscribers of half a dollar on each plate.
The first drawing is a perspective view of the fort of the late United States frigate Philadelphia: in which is represented her relative position to the Tripolitan gun-boats, when, during their furious attacks upon her, she was unable to get a single gun to bear upon them. The second drawing is a view of Commodore Preble's Squadron, whilst engaging the gun-boats and forts of Tripoli, on the 3d of August, 1804: when they captured three of the Tripolitan boats, and greatly damaged the Bashaw's fortifications—Each of those drawings is embellished by a distant view of the Harbour, with its Rocks, and the Town of Tripoli, with its Forts.
IT is expected that the public will not hesitate in complying with the latter part of the first article, when they are put in mind of the situation the artist found in when he took the views, and the situation he now stands in, after a captivity originating in the defence of his country, against a barbarous race of beings, who are the eternal enemies of every free and enlightened nation. Under the Yoke, he has long and severely felt the stripes of these debased marauders, while hope, the only consolation to the wretched, alone enabled him and his unfortunate companions, to survive the fatal catastrophe, represented in the first of these engravings. His relative situation at present, may be naturally anticipated, since his delivery from slavery has been so recent. He pledges his word that the Views are correct, as is known by the Officers of the frigate Philadelphia who are now in Richmond, and by all those who returned from Tripoli in the ship President. Copies of these Views are at the Office of the Enquirer, for public inspection, and will occasionally be shown by the person who shall produce the subscription paper. The publisher hopes no more than such patronage as his Views merit; he also hopes that his expectations will not be altogether disappointed, in his present undertaking, as some of these were taken at the risk of his life, or of having dragged out a miserable existence in perpetual slavery. His Geometrical Plan of the City, Harbour, Forts and Rocks of Tripoli, is a most interesting production; in which is shown the bearings and distances of the Rocks, which form the Entrance of the Harbour, and which may prove as shelters to attacking bomb-vessels, are laid down, from every particular fort or magazine in the place. This Plan, if he receives a reasonable encouragement in the present instance, he purposes publishing—it may be seen shortly at the Office of the Enquirer.
We do Certify, That Mr. Charles Dennison was a prisoner in Tripoli, having been captured on board the Philadelphia frigate—That his conduct previous to that event, and during his captivity, was such as to meet the approbation of his officers—The Views of Tripoli, he intends to publish, are taken by himself on the spot, and from the specimens we have seen, we believe them to be correct. BENJAMIN F. READ, JAMES GIBBONS, Richmond, November 18, 1805.
Subscriptions received at the Enquirer Office, at the Stationary Store of Mr. John Pumfrey, and at the Book Stores of Jacob Johnson and Wm. Pritchard. Nov. 5.
DISTRICT OF VIRGINIA, to wit:
BE it remembered, that on the seventh day of November, in the thirtieth year of the Independence of the United States of America, Charles Dennison, of the said district, hath deposited in this office, the title of a Map, the right whereof he claims as author in the words following, to wit: "A perspective view of the fort of the United States frigate Philadelphia: in which is represented, her relative position to the Tripolitan gun-boats, when, during their furious attacks upon her, she was unable to get a single gun to bear upon them." In conformity to the act of the Congress of the United States, intitled "An act for the encouragement of learning by securing the copies of Maps, Charts, and books to the authors and proprietors of such copies during the times therein mentioned." (L. S.) WILLIAM MARSHALL, Clerk of the District of Virginia. November 8.
DISTRICT OF VIRGINIA, to wit:
BE it remembered, that on the seventh day of November, in the thirtieth year of the Independence of the United States of America, Charles Dennison, of the said district, hath deposited in this office, the title of a Map, the right whereof he claims as author in the words following, to wit: "A view of Commodore Preble's Squadron, whilst engaging the gun-boats and forts of Tripoli, on the 3d of August, 1804: when they captured three of the Tripolitan boats, and greatly damaged the Bashaw's fortifications." In conformity to the act of the Congress of the United States, intitled "An act for the encouragement of learning, by securing the copies of Maps, Charts, and books to the authors and proprietors of such copies during the times therein mentioned." (L. S.) WILLIAM MARSHALL, Clerk of the District of Virginia. November 8.
ALL Persons having demands against the estate of Philip Ludwell Grymes, Esq. late of Brandon, Middlesex county, deceased; are requested to forward them properly authenticated and those who are indebted to said estate, are desired to make immediate payment to the Rev. Henry Heffernan of the said county, who is fully authorized to settle all matters relative to the estate during my absence. SAMUEL W. SAYRE, Adminr. Brandon, November 8.
WARDLAW, has received his full supply of Medicines, by the ship Rolia from London; also a great variety of Paints, Varnishes, Surgeons Instruments, patent Medicines, &c. &c. And by the ship George from Liverpool, a large supply of vials and stop glass—Those who favor him with their custom may depend on being supplied with every article in his line on the most liberal terms. The citizens of Richmond are requested when they apply at his shop by a child or servant to put the name of the article wanted on paper to prevent mistakes. Nov. 1.
FIVE DOLLARS REWARD.
STRAYED or stolen from my pasture two or three weeks past, a valuable PLOUGH HORSE. He is of a bay color, curly and well set, has a large body, and one of his eyes (I believe his right) has been injured by a blow which divided his upper eye lid, and has almost if not entirely deprived him of sight in that eye. He has a switch mane and tail; gallops, trots, and paces, and would answer as well for the cart as for the plough. I have some reason to believe he was brought to Richmond about the time of the Fairfield Races, and either exchanged or sold. I will give the above reward, and pay all reasonable charges, to any person who will deliver him to me, and I will give twenty dollars, for the detection of the thief, if he has been found. W. BROCKENBROUGH, Hanover, October 20.
MARSHAL'S SALES. TO BE SOLD, for ready money, in pursuance of a decree of the court of the United States, for the fifth circuit in the Virginia district, between Phoebe Bond, attorney for the creditors of Ezekiel Edwards and David Ross, and others defendants, in order to raise the sum of 4309 dollars 36 cents, with the expenses of sale, a number of very valuable slaves, now at the Oxford Iron Works. The sale will take place at the said Works, on the 16th day of November next. BENJ. MOSBY, D. M. for JOSEPH SCOTT, M. V. D. (cptsd.) October 4.
RUNAWAY NEGRO.
FIFTY DOLLARS REWARD, if taken within fifty miles of Richmond, and one hundred Dollars if taken beyond it, will be given to apprehend a negro man named LEWIS, about thirty years of age, who left night runaway from the subscribers. He is very stout made, and about 5 feet 10, or 5 feet 11 inches high; has a masculine countenance—and on when he went away, a Russia Drill Drab Coat and Pantaloons; but has a variety of other clothing. He was formerly the property of Mr. Edward Hallam of Hanover Town, where perhaps he may be gone. All masters of vessels are forewarned from harboring or carrying him away, under the penalty of the law. GILLIAM & KIRBY. September 6. (t.)
IN CHANCERY.
Amberst August Court, 1805. John Profit, Randolph Profit, Jesse Profit, Rowland Profit, Elizabeth Profit and Nancy Profit, children of David Profit, decd. and Duncan Cameron and Molly his wife, late Molly Profit, daughter of David Profit, decd. and David Profit, and her and Austin Profit infant children of Austin Profit, decd. who was a son of the said David Profit, decd. by John Profit their guardian and next friend. Against William Joffin and Sally his wife, Joseph Wilcher and Susanna his wife, and David Profit, which said Sally, Susanna, and David are children of the said David Profit, decd. Defendants.
ON the motion of the complainants by their attorneys, and it appearing to the satisfaction of the court, that the defendants Wm. Joffin and Sally his wife, Jos. Wilcher and Susanna his wife, and David Profit are not inhabitants of this state and without the jurisdiction of this court: It is ordered that the defendants do appear here on the third Monday in November next, and answer the complainant's bill, and that a copy of this order be forthwith inserted in some public newspaper published within this Commonwealth for eight weeks successively, and that another copy be posted at the front door of the court house of this county on some court day. Copy, Teste, W. S. CRAWFORD, C. S. C. Sept. 24. (cpw.)
NEAL NELSON, BOOT & SHOE MANUFACTURER, MAIN-STREET, RICHMOND.
MAKES Boots & Shoes to any pattern or fashion, equal in point of Materials & Workmanship to any in general use. Imported Boots and Shoes, of the first quality and newest fashion, for sale. Gentlemen at a distance, who are disposed to forward their measures, by paying attention to the annexed cut, can be fitted with Boots or Shoes as well as if they were on the spot. A—the length of the Boot. C—round the Calf. B—the pitch of ditto. D—round the heel and instep. E—round the instep. G—across the ball of the foot. Fix the heel against a perpendicular, and figure a knife at the end of the great toe—set down in ticks the number of inches and quarters, in the different measures. January 1. (cpf.)
LAND—FOR SALE.
IN the county of Lunenburg, lying within one mile of the Court-house, on Cuckooche's creek; this tract contains seven hundred and fifty acres, one hundred and fifty of which is cleared; comfortably improved for the accommodation of a family. This land is well suited to the cultivation of Tobacco, Corn and Wheat. A great bargain may be had in this land. The terms may be made known, by application to Major Gref Green, of Nottoway, who is duly authorized to dispose of it, or the subscriber living on the premises. JOSEPH SMITH. Lunenburg, August 2. (cpf.)
PAINTS FOR SALE, CHEAP.
WHITE LEAD, dry and ground in oil, Spanish Brown do. do. Yellow Ochre do. do. Venetian Red do. do. Verdigris by the lb. factor hundred weight, Spirits of Turpentine, Copal Varnish, Turpentine do. &c. &c. A considerable quantity of the above articles has just come to hand, and as the season for painting is far advanced, they will be sold below the current price. Apply at the Apothecary Shop on the lower floor of the Bell-Tavern. November 1. (2aw2v.)
P. NOWLAND, Ladies and Gentlemen's Hair Cutter and DRESSER.
BEGS leave to inform the Ladies and Gentlemen of Richmond, that he has opened a shop next door above the Swan Tavern, where he cuts hair in the most fashionable and becoming style—Ladies and Gentlemen willing to be attended at any time at their residence, will be waited on. He makes Ladies Wigs and Wigs of the latest fashion; Gentlemen's fashionable and natural Wigs made on the shortest notice on elastic basis.
HE HAS FOR SALE,
Balsamic Butter of Soap; to wash the hands or face and maintains the complexion, soft, red and fair, and is also superior to any kind of Soap for shaving. It is a fine, glossy, and many other articles in the Perfumery line. November 1. (cpw.)
TWENTY DOLLARS REWARD.
TO apprehend NIM, a small mulatto fellow, who runaway from me the 13th ultimo; he is twenty-two or three years old, but has a very young appearance; he took with him a blueblue cloth coat, corduroy pantaloons, and a drab great coat; he is a very cunning and artful fellow; his business has been that of taking care of horses and driving a carriage. The above reward will be paid if lodged in jail. JOHN COLES, Albemarle, November 1. (cpw.)
NOTICE.
A Petition will be presented to the General Assembly of Virginia, at the next session, praying that an act may pass to incorporate a company for the purpose of cutting a Canal on the south side of the Falls of James River, or otherwise improving the navigation of the river for the passage of Batteaux; and also for the establishment of a Bank in the town of Manchester. August 13. (cpw.)
Printing, IN ALL ITS VARIETY, EXECUTED AT THE OFFICE OF THE ENQUIRER.