The enquirer (Richmond, Va.), 1809-01-14 00:00:00

The Enquirer.
VOL. 5.
RICHMOND, SATURDAY, JANUARY 14, 1809.
[No. 80]
PUBLISHED BY THOMAS RITCHIE, OPPOSITE THE GLOBE TAVERN, AT FIVE DOLLARS PER ANNUM, PAYABLE IN ADVANCE.
CONGRESS.
DEBATE IN THE SENATE, ON MR. GILES'S BILL FOR FURTHER ENFORCING THE EMBARGO LAWS.
MR. GILES.— MR. PRESIDENT,
I am sensible that I owe an apology to the senate, as chairman of the committee, for not having made an exposition of the objects and principles of the bill reported for consideration, at an earlier stage of the discussion. This omission has not in the smallest degree been influenced by any apprehension, that these objects and principles are indefensible; but in some degree from a desire to screen myself as much as possible, from internal discussions, a task which is never agreeable, but at present peculiarly distressing and affecting to my feelings. I also thought, that the session had already been sufficiently fruitful of discussions intimately connected with the bill before us; and that the public interests, at this time, required action. I know, too, sir, that I owe an apology to the senate, for the great number of amendments which, under their indulgence, has been made to this bill after it was first presented to their consideration. But, sir, you will find some apology in the intrinsic difficulty and delicacy of the subject itself, and also in the disposition manifested by the committee, to give to the objections made by the opponents of the bill, that respectful attention, to which many of them are certainly entitled; and to accommodate its provisions as far as possible, to the views of those gentlemen. After every effort, however, to effect this object, it still appears that the bill presents temptations for addressing the popular sensibility, too strong to be resisted by gentlemen in the opposition. They have accordingly with great zeal and ability, described the provision of this bill as dangerous and alarming to the rights and liberties of the people. This is, in the common course of opposition, and applies to every strong measure requiring the exercise of much executive discretion. I think, however, I shall be able to show, that there is no new principle contained in the provisions of this bill; but that every provision it contains, is amply justified by precedents in pre-existing laws, which have not been found to be so destructive to the rights of the people, as gentlemen strenuously insist similar provisions in this bill will be, if they receive the sanction of law. In performing this task I shall bring into view only such parts of the bill, as have been objected to by gentlemen, presuming, that as their objections have evidently been the result of great industry and deliberation, all other parts of the bill remain unobjectionable. I shall also, perhaps, avoid some of the observations respecting minute details; apply my remarks generally to principles; and thus bring my observations and replies into as short a compass as possible.
The gentleman from Connecticut (Mr. Goodrich) commences his remarks by declaring the embargo to be a permanent measure; and expressing his fears, as ruinous at home and ineffective abroad. These observations have been repeatedly made by gentlemen as well as myself; and I am strengthened in the correctness of those replies by all the further reflections I have been enabled to bestow upon them. This part of the subject will, therefore, be passed over without notice, except to remark, that perhaps, one of the causes of the inefficacy of the measure abroad, has been the unprincipled violations of its provisions at home; and the great and leading object of the present bill, is to prevent such violations. Upon this part of the subject, I am happy to find that one of its most strenuous & judicious opponents (Mr. Hillhouse) has candidly informed the senate, that the provisions of the bill are admirably calculated to effect that object; & if in their having been so fortunate as to find a competent remedy for so great an evil.
The gentleman from Connecticut (Mr. Goodrich) informs us, that the public councils are pressing on to measures pregnant with the most alarming results. I hope the gentleman is mistaken in his apprehensions, and I should have been much pleased if the gentleman had been good enough to point them to a particular course; but, sir, he has not done so, nor has any gentleman on the same side of the question. Indeed, sir, it would give me great pleasure to do something that would be agreeable to our eastern friends; but, unfortunately, amidst all the intrinsic difficulties, which press upon us, that seems not to be amongst the least of them. The gentleman himself will not explicitly tell us, what would produce that effect; and I am inclined to think, that nothing short of putting the government into their hands would do it. Even this would not be exempt from difficulties. The gentlemen from that part of the U. States are nearly equally divided amongst themselves respecting the proper course of measures to be pursued and there is an immense majority in every other part of the U. States, in favor of the measures proposed; we are therefore surrounded with real and intrinsic difficulties from every quarter, and those of a domestic nature are infinitely the most formidable; and the most to be deprecated. Indeed, sir, under press of circumstances, the administration of the government cannot be a pleasant task; and in my judgement, it requires a great effort of patriotism to undertake it, not on account of external pressures, but on account of internal discontent, stimulated too by so many deplorable passions, and so many artful intrigues. But, for these unfortunate circumstances, every gentleman would feel an honorable pride in contributing his efforts to devise measures for repelling foreign aggressions, and he would court the responsibility attached to his station; I would not Mr. P. give up a scintilla of that portion of responsibility which the crisis imposes on me.
Indeed, sir, to have the honor of bearing my full share of it, is the only inducement I have at this moment for occupying a place on this floor. Without that consideration I should now be in retirement. But when I turn my eyes upon internal divisions, discontent, and violations of law, and am compelled to think of measures for their suppression, it produces the most painful sensations, and distressing reflections.
The gentleman from Connecticut (Mr. Goodrich) has been pleased to remind me of my opposition to former administrations, and he has thought proper to assign me a higher place in the ranks of the opposition than I ever aspired to. If the gentleman will review the proceedings of former days, he will probably find that my opposition, was directed more to the objects contemplated by former administrations than to the means of effecting objects generally approved.
[Mr. Goodrich rose to explain. He said he did not mean to refer to the gentleman's opposition to the administration generally, but to the transfer of legislative powers to the executive particularly.]
I understand the gentleman differently, but stand corrected by his explanation, and will wave the intended reply. I am now, however, unwilling to look into retrospection; it could only produce an unpleasant and unprofitable examination—it is now, as it has been from the beginning of the session, my unceasing effort to take a prospective view of measures—I would rather follow the example of a celebrated Roman conqueror—It was his maxim always to forget the last defeat, and to turn his whole thoughts upon the best means of obtaining victory in the next battle. Stimulated then, sir, solely by a solicitude to discover what the public interests prospectively require, I will proceed with the most respectful attention to the gentlemen in the opposition, to examine the objections urged against this bill, both generally and particularly.
The great principle of objection, the gentlemen tell us, consists in the transfer of legislative powers to the executive department. This is an old and abstract question, often heretofore brought into view, and leads to endless discussion. I think I shall be able to show, that the bill introduces no new principle in this respect, but only applies an established principle, to new practical objects. The general principle of the separation of departments is readily admitted in the abstract; and the difficulties in this discussion arise from applying the principle to practical objects. The great difficulty exists in the attempt to fix on the precise boundary line between legislative and executive powers in their practical operation. This is not possible. You might attempt the search for the philosopher's stone, or the discovery of perpetual motion, with as much prospect of success. The reason of this difficulty is, that the practical objects and events, to which this abstract principle is attempted to be applied, are perpetually varying according to the practical progression of human affairs, and therefore cannot admit of any uniform standard of application. This reflection might have saved the gentleman from Massachusetts (Mr. Lloyd) the trouble of reading to us the constitution or bill of rights of Massachusetts, in which the principle of the separation of departments, is very clearly & properly laid down, and which will be very readily assented to in the abstract; but which forms no part of the question in dispute. It can, however, escape observation that this principle is not laid down even in the abstract in the constitution of the U. States; and although it is the leading principle of the constitution and probably was the principal guide in its formation, it is nevertheless in several respects departed from. This body itself partakes essentially both of the legislative and executive powers of the government. The executive department also partakes of the legislative powers, as far at least as an approbation of, and a qualified negative upon the laws extend, &c. &c. &c. I make these observations, however, not in derogation of the general principle of the separation of powers amongst the several departments, as far as is practicable, but merely to show that there must necessarily be some limitations in its practical operation. Perhaps the best general rule for guiding our discretion upon this subject, will be found to consist in this:—That legislation ought to extend as far as definition is practicable; when definition stops, execution must necessarily begin. But some of the particular provisions of this bill, will furnish more precise illustrations of my opinions upon this question; it will therefore be waived, until I shall come to their consideration.
I will now proceed to examine the more particular objections urged against the detail of this bill. Its provisions respecting the coasting trade, are said to be objectionable in the following respects—
First objection—The penalty of the bonds required, is said to be excessive. To enable us to decide correctly upon this point, the object proposed to be effected, and the penalty required, should be considered in reference to each other. The object is to prevent by means of coasting vessels, domestic articles from being carried abroad.—Flour, for instance, to the West Indies—The price of that article here, is less than five dollars; in the West Indies, is said to be thirty and upwards. The penalty of the bonds required, is six times the amount of the value of the vessel and cargo. Is any gentleman prepared to say, a smaller penalty will effect the object? I presume not—Indeed the committee were disposed to put it at the lowest possible point, consistently with an effectuation of the object; & probably it is rather too low for that purpose. As to the penalty, according to the tonnage of vessels, it is believed, no alteration in the existing laws, is made in that respect. These penalties will appear the more reasonable, when it is recollected, that through the indulgence given the coasting trade, most of the violations of the embargo laws have been contrived and effected.
Second objection—The collectors may be influenced by party spirit in the exercise of their discretion. It is hoped that this will not be the case, & if it were, it would certainly be much to be regretted. It may how-
ever, probably happen, and is one of the inconveniences of the system.
Third objection—The high penalties of the bonds, will drive many persons of small means from their accustomed occupations—They will not be able to procure the competent security for their prosecution. It is not to be presumed that this will be the effect to any great extent. If the owner is known to be honest, and has in view legal and honest objects, I have very little apprehension of his not being able to get the security required. But here the question recurs, are these apprehended inconveniences, of such a nature as to render it necessary to abandon a great national object for the accommodation of the few individuals effected by them? Is the last effort to preserve the peace of the nation, to be abandoned from these considerations? I should conclude certainly not.
The next objections are made to the 7th section of the bill, which provides that stress of weather, and other unavoidable accidents at sea, shall not be given in evidence in a trial at law to show the penalty of bonds given as security against the violations of the embargo laws. It is known that through pretexts derived from this permission at present, most of the violations of these laws have been committed with impunity; it is, therefore, all important to the future execution of the laws, to take away these pretexts. But it is objected, that this regulation manifests a distrust of oaths; it does, of what is called custom house oaths; their violation is already almost proverbial; it does not however, produce nor encourage this profligacy; it takes away the temptation to it. It is further said, it impairs the trial by jury—Very far from it; the trial by jury still exists; this provision only regulates the evidence to be produced before the jury. Gentlemen state particular hardships which may take place under this regulation. It is easy to state possible hardships under any general regulation; but they have never been deemed sufficient objections to general regulations producing in other respects beneficial results. This bill, however, contains a provision for relief in all case of hardships under the embargo laws—The secretary of the treasury is authorized to grant relief in all such cases—This power vested in the secretary, is also objected to. It is said to manifest a distrust of courts, and to transfer their powers to the secretary of the treasury. Whatever may be my distrusts of some of the courts of the U. States, I can say, that consideration furnished no inducement to this provision. It is a power not suited to the organization of courts, and it has for a long time been exercised by the secretary of the treasury without being complained of. Congress proceeded with great caution upon this subject. On the third day of March, 1797, they first introduced this principle into their laws in relation to the collection of the revenue; and after an experiment of nearly three years, on 11th day of February, 1800, they made the law perpetual—This will appear from the 12th section of this bill, which merely borrows this provision from pre-existing laws. It introduces no new principle whatever. This doctrine is carried still further by an act passed the 3d of March, 1807, in the 8th volume of the laws, page 318.
An act to prevent settlements being made on lands ceded to the United States, unauthorized by law.
And it shall moreover be lawful for the president of the United States to direct the marshal, or officer acting as marshal, in the manner herein after directed, & also to take such other measures, and to employ such military force as he may judge necessary and proper to remove from lands ceded, or secured to the U. States by treaty, or cession as aforesaid, any person or persons who shall hereafter take possession of the same or make or attempt to make a settlement thereon, until thereunto authorized by law.
Here the president is authorized to use the military force to remove settlers from the public lands without the intervention of courts; and the reason is, that the jurisdiction of the case is not suited to the jurisdiction of courts, nor would their powers be competent to the object, nor indeed are courts allowed to interfere with any claims of individuals against the U. States, but congress undertakes to decide upon all such cases finally and peremptorily without the intervention of courts.
This part of the bill is, therefore, supported both by principle and precedent.
Whilst speaking of the distrusts of courts, I hope I may be indulged in remarking, that individual my respect for judicial proceedings is materially impaired. I first, sir, that latterly in some instances, the cautious insensibility to extrinsic objects, which in times past, was thought the most honorable trait in the character of an upright judge, is now by some judges entirely disregarded. It seems by some judges to be no longer thought an ornament to the judicial character, but is now substituted by the most captious sensibilities.
Justice was formerly pointed blind, as a proper emblem of this honor & independence; to external objects, but modern justice might more properly be represented by the most bright-eyed Goddess of the whole Pantheon. Fremblingly alive to the influence of all external objects, and so replete with irritable feelings, as, upon some occasions, to approach almost to hysterical affections. When judges so far forget the true character and dignity of their stations, judicial proceedings cannot long preserve the respect heretofore attached to them. The next objections are made against the 9th section of the bill, in the following words:
That the collectors of all the districts of the United States, shall and they are hereby authorized to take into their custody, any or all articles of domestic growth, produce, or manufacture, when there is reason to believe that they are intended for exportation, or when in vessels, cars, wagons, or other carriage, or in any manner apparent, on their way towards the territories of a foreign nation, or the vicinity thereof, or towards a place whence such articles are intended to be exported; and not to permit such article to be removed until bond with
sufficient sureties shall have been given for landing or delivery of the same in some place in the United States, whence, in the opinion of the collector there shall not be any danger of such articles being exported.
The objection is, that it violates the 4th article of the amendment to the constitution: that article is in the following words:
Art. 4. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
If this section or any other, violated this or any other article, word or letter of the constitution, the bill would drop unsupported from my hands. The only question which arises between this section and the 4th article of the constitution is, whether the seizures here authorized are reasonable or unreasonable? I believe that every person will conclude, that when property is intended to be used to violate the laws of the United States, and to accommodate their enemies, that it ought to be seized, and the object of its owner prevented; such seizure, therefore, cannot be deemed unreasonable, and of course not unconstitutional; as to searching, there is no power whatever in the section, given to enter into houses, nor to search them either with or without a warrant, neither in the day nor in the night time, and of course the clause respecting searches, can in no respect whatever apply to this section; Seizures under less imperious circumstances are justified by all your revenue laws, &c. &c. and as one case in point amongst others, I would beg to read an extract from the 4th vol. of laws, sec. 68, page 389.
An act to regulate the collection of duties on imports and tonnage.
Sec. 68. That every collector, naval officer and surveyor, or other persons specially appointed by either of them for that purpose, shall have full power and authority to enter any ship or vessel, in which they shall have reason to suspect any goods, wares or merchandise, subject to duty are concealed, and therein to search for, seize and secure any such goods, wares or merchandise, &c.
I have never heard of any complaint from this mode of proceeding in collecting the revenue, and there certainly ought to be none against a similar provision for enforcing a due observance of the embargo laws.
It is said this section violates the 5th article of the amendments to the constitution. The mere reading of this article will be sufficient to show, that it has not the remotest reference to any part of the section in question. It is in the following words:
No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be witness against himself, nor be deprived of life, liberty or property, without due process of law; nor shall private property be taken, for public use without just compensation.
No private property is proposed by this section to be taken for public use either with or without compensation, but merely that it should be held for the owner until he should give security, that he would not thereby violate the law. I beg leave to refer to a case in point to justify this provision: It is in the 6th section of the revenue law just read, 4th vol. page 390; the words are the following:
Sec. 69. That all goods, wares and merchandise which shall be seized by virtue of this act, shall be put into and remain in the custody of the collector, or such other person as he shall appoint for that purpose, until such proceedings shall be had as by this act are required, to ascertain whether the same have been forfeited or not, &c.
The 70th section of the same act extends the doctrine of seizure for the violation of the law still further. It is in the following words:
Sec. 70. That it shall be the duty of the several officers of the customs to make seizures of, and secure any ship or vessel, goods, wares or merchandise, which shall be liable to seizure by virtue of this or any other act of the United States respecting the revenue, which is now or may hereafter be enacted, as well without as within their respective districts.
The no alarming objections, are suggested to be contained in the following clause of the 16th section of the bill:
Sec. 16. And be it further enacted, That the powers given to the collectors, either by this or any other act respecting the embargo, to detain any vessel, or to take into their custody any articles for the purpose of preventing violations of the embargo, shall be exercised in conformity with such instructions as the president may give, and such general rules as he may prescribe for that purpose, made in pursuance of the powers aforesaid; which instructions and general rules the collectors shall be bound to obey.
This clause merely provides for the transfer of powers previously given to the collectors, to the president, for the purpose of producing, as far as it is practicable, uniformity and impartiality in their execution. It was hardly to have been expected, that ingenuity itself could have found an objection to this provision. But it is said, that this clause gives the president's instructions the force of law. It certainly does in relation to the objects to which they are directed and limited. What are these objects? They are incidental occurrences arising in the course of the execution of the embargo laws, which can neither be foreseen nor guarded against by legislation in any other way, because they are incapable of definition; this provision relates to events and details not in existence, but which may probably happen; events and details therefore incapable of definition, and of course cannot be reached by legislation without the aid of the executive department. This case serves to illustrate the general principles I before laid down, respecting the transfer of legislative powers to the executive department. But, sir, as great stress has been laid upon this ob-
jection by the opponents of the bill, permit me to examine this doctrine in reference to the pre-existing practice of this government with more minute attention. In this examination it will be found, that at all times since its establishment, when it had an object in view which could not be defined, and of course could not be reached by legislation, it has called in the aid of executive discretion for the purpose, sometimes with more and sometimes with less limitation and restriction. In the first place let me call your attention, sir, to the act of the last session of Congress, to authorize the president to suspend in whole or in part the several embargo laws; in the following words:
An act to authorize the president of the United States under certain conditions to suspend the operation of the act laying an embargo on all ships and vessels in the ports and harbors of the U. States, and the several acts supplementary thereto.
Be it enacted by the Senate and House of Representatives of the U. States of America, in Congress assembled. That in the event of a peace or suspension of hostilities between the belligerent powers of Europe, or of such changes in their measures affecting neutral commerce, as may render that of the U. States sufficiently safe in the judgement of the president of the U. States, he is hereby authorized during the recess of Congress to suspend in whole or in part, the act laying an embargo on all ships and vessels in the ports and harbors of the U. States, and the several acts supplementary thereto, under such exceptions and restrictions, and on such bond and security being given as the public interest and circumstances of the case may appear to require, provided such suspension shall not extend beyond twenty days after the next meeting of Congress.
Approved, 22d April, 1808.
The principle upon which this bill passed, is that it related to an event not in existence, that which might have occurred during the recess of congress; & if it had taken place, it would have been all important to the interests of the people, that the suspension of the embargo should take place in consequence of the happening of the contemplated events; congress, therefore, after extending legislation as far as it could go in defining the circumstance, in which the suspension might take place, did not hesitate to trust to executive discretion for making the necessary decisions and arrangements respecting all other circumstances which might occur, which could not be foreseen; because they depended upon the will of foreign nations, which could neither be anticipated nor controlled. But, sir, perhaps gentlemen will be inclined to disrespect this precedent, because it was adopted without the sanction of their votes. I will, therefore, turn their attention to a precedent sanctioned I believe by the unanimous vote of both branches of the legislature, and certainly by the votes of the gentleman from Connecticut (Mr. Hillhouse) and myself, and approved by the then President (Gen. Washington,) I allude to an act passed the 1st of March, 1794, in the following words, approved the 4th June.
An act to authorize the President of the U. States to lay, regulate and revoke embargoes.
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled. That the president of the United States be, and is hereby authorized and empowered, whenever in his opinion the public safety shall so require, to lay an embargo on all ships and vessels in the ports of the U. States or the ships and vessels of any foreign nation, under such regulations as the circumstances of the case may require, and to continue or revoke the same, whenever he shall think proper. And the president is hereby fully authorized to give all such orders to the officers of the United States, as may be necessary to carry the same into full effect: Provided, That authority aforesaid shall not be exercised while the Congress of the United States shall be in session, and any embargo, which may be laid by the president as aforesaid, will cease and determine in fifteen days from the actual meeting of Congress, next after laying the same.
Sec. 2. And be it further enacted, That this act shall continue and be in force until fifteen days after the commencement of the next session of Congress, and no longer.
FREDERICK AUGUS, of MOHLENBERG, Speaker of the House of Representatives. RICHARD CLARK, President of the Senate pro tempore. APPROVED—June fourth, 1794. GEO. WASHINGTON, President of the United States.
This act giving the President the most unqualified powers to lay, regulate and revoke embargoes, was, I believe, passed unanimously by both houses of congress; but as I was unwilling to trust to my recollection upon this point, I have had reference to the journals of the house of representatives at that day for more precise information, and I find the yeas were not called for upon the passage of the bill; the strong presumption therefore is, that there was no opposition to its passage. The following is the extract from the journals—
Journal of the House of Representatives of the United States, 3 Con. 1st Sess. page 376.
An engrossed bill authorizing the president of the United States to lay, regulate and revoke embargoes, was read the third time.
Resolved, That the said bill do pass, and that the title be, an act to authorize the president of the U. S. to lay, regulate and revoke embargoes.
Ordered, That the clerk of this house do carry the said bill to the senate and desire their concurrence.
I also find from the further inspection of the journals of that day, that very little ceremony was used in laying embargoes; it was then done by resolutions, without even the formality of a bill, and the president authorized to give all the necessary instructions for carrying it into effect, during the recess of congress. The following is the original resolution for laying an embargo: Journal 3 Cong. 1st Sess. page 218—27.
Resolved, by the senate and house of representatives, &c. that an embargo be laid on all ships and vessels in the ports of the United States bound to any foreign port or

Champion, Chittenden, Chippepper, Davenport, Desha, Ely, Eppes, Franklin, Gannett, Gray, Heister, Holland, Howard, R. S. Jackson, Johnson, Lloyd, Mason, Marion, Minor, D. Moore, M. Moore, Jr., Morraw, John, Morrow, Nelson, Porter, Pugh, Rea, (Pen.) Rhea, (Ten.) J. Richards, M. Richards, Rowan, Sawyer, Smilie, S. Smith, Southwell, Stanford, Taggart, Tallmadge, Taylor, Trigg, Upshur, Wootton, White-hill, D. R. Williams, A. Wilson, Wm. - 59. The House then proceeded to the consideration of the other amendment for adding to the number of officers, and privates; but adjourned at five o'clock without taking any other question. (A brief sketch of the debate, on this interesting subject, in our next.) Nothing of importance has been done in the SENATE during the two last days.
HOUSE OF REPRESENTATIVES. SATURDAY, January 7. A message was received from the Senate, by Mr. O'Neills Secretary, stating they had passed the bill authorising the proprietors of squares and lots in the city of Washington to have the same subdivided and admitted to record; a bill making a further appropriation towards completing the two wings of the Capitol at the city of Washington, and for other purposes; and a bill to authorise the Marine Insurance Company of Alexandria to alter their style and firm, and to insure against loss by fire.
FORTIFICATIONS. A message was received from the President of the U. States by Mr. Coles his Secretary [the same as that given in the proceedings of the Senate.] The message was referred to the committee on our military and naval establishments. A communication was received from the Secretary of the Treasury, in pursuance of a resolution offered by Mr. Dana, enclosing a statement of annual receipts, &c. since the first proceedings under this constitution.
MILITARY OFFICERS. Mr. Van Dyke observed that as an increase of our military force seemed to be contemplated, it would no doubt be desirable to have all information on the subject, and for this purpose he offered the following resolution: Resolved, That the President of the U. States be requested to cause to be laid before this House a list of the names and number of officers and the number of non-commissioned officers, musicians & privates belonging to each of the old regiments of the U. States, noting the number now wanting to complete the same; and also a list of the names and number of officers appointed under an act of the last session, entitled "An act to raise for a limited time an additional military force, and the number of men that have been enlisted pursuant to the provision of said act." It was suggested by Messrs. W. Alston, Eppes, G. W. Campbell, Findley, Dawson, Rhea, (Ten.) that all the information the gentleman wished might be had by him on application to the Department of War; and that an official statement would answer no other good purpose than to expose to our enemies an exact statement of the amount and precise nature of our regular force. Such a thing was said to be unprecedented as an official list of the names of all the officers of a nation having been thus communicated to foreign powers.
MONDAY, January 9. Mr. Holland presented two memorials signed by 72 persons in Lincoln county, N. C. praying a repeal of the embargo laws.
NAVIGATION LAWS. Mr. Dana observed that by the present laws of the U. States it was not necessary that an American vessel should carry a single American seaman. His object was to make some provision directly for the interest of American seamen, and which might incidentally contribute to their protection at sea. He wished to make it the interest of American merchants to employ American seamen. And with these views he offered the following resolution: Resolved, That for the benefit of the seamen of the United States it is proper to make provision that American registered vessels, after a time to be limited by law, shall not continue to enjoy the benefits and privileges of American vessels, unless some of the mariners on board the same shall be citizens of the U. States.
Mr. D. observed that during the present suspension of navigation, it might be proper to adopt regulations of a permanent nature, to go into effect whenever it was resumed. He moved a reference of the resolution to a select committee with liberty to report by bill or otherwise. On the suggestion of Mr. D. R. Williams, with the consent of Mr. Dana, the resolution was ordered to lie on the table.
Mr. Dana then observed that he wished to ascertain the whole number of naturalised seamen in the U. States. He believed that in the annual returns of seamen registered, a distinction was made between native and naturalised seamen. He conceived therefore that the following resolution would enable him to attain his object. Resolved, That the Secretary of State be directed to lay before this House, a statement of the whole number of persons born in foreign countries, and legally admitted citizens of the United States by naturalization, who have registered as American seamen, and returned as such to the Department of State, according to the lists transmitted by the collectors of the customs, in pursuance of the law relative to the relief and protection of American seamen. Agreed to.
Mr. Lewis presented the petition of seven or eight citizens of the district of Columbia, praying that during the existence of the embargo, they may be relieved from the pressure of executions - Referred to the committee on the District of Columbia - 57 to 33.
The amendments of the Senate to the bill amending the act for extending the terms of credit on revenue bonds, and for the relief of Augustus Snell, were taken up and agreed to.
NAVAL ESTABLISHMENT. The Amendments of the Senate to the bill for authorising the President of the U. States to employ an additional number of seamen were taken up. [These amendments essentially vary the bill, making it in fact precisely the same bill with that sent from the Senate, (and now before a committee of the whole in this House) for authorising and requiring the President of the U. States immediately to arm, man and send out all the armed vessels and gun-boats of the United States.]
The first amendment (containing the principle) being under consideration. A debate arose on it which occupied the House till they adjourned (4 o'clock) without taking the question. A brief outline of the debate in our next.
TUESDAY, January 10.
NAVAL ESTABLISHMENT. The house were engaged the whole of this day, after disposing of business of minor importance, in discussing the amendments of the Senate to the bill authorising the President of the U. States to employ an additional number of seamen and marines.
The question on the first amendment, which requires the President to MAN, EQUIP and FIT OUT ALL THE ARMED VESSELS of the UNITED STATES, was taken about 3 o'clock, and CARRIED - Yeas and Nays as follows:
YEAS - Messrs. Bacon, Barker, Bassett, Blake, Clay, Clopton, Cook, Cutts, Dana, Dawson, Deane, Durell, Elliot, Findley, Fisk, Gardner, Gholson, Goldsborough, Green, Harris, Helms, Holmes, Humphreys, Isley, J. G. Jackson, Jones, Kenan, Key, Kirkpatrick, Lambert, Lewis, Livermore, Lyon, Masters, M'Creery, Montgomery, N. R. Moore, Moseley, Munford, Newbold, Newton, Nicholas, Pinkin, Riker, Russell, Seaver, Sloan, Smelt, J. K. Smith, J. Smith, Steaman, Stover, Sturges, Swart, Thompson, Troup, Van Allen, Van Cordan, Van Dyke, Van Horn, Van Rensselaer, Van Pelt, W. Alston, N. Wilson - 64. NAYS - Messrs. Alexander, W. Alston, Bard, Bibb, Blackledge, Blount, Boyd, Boyle, Brown, Burwell, Butler, Calhoun, G. W. Campbell,
to the value of the ship, vessel, or cargo, and of the cargo on board the same. Sec. 6. And be it further enacted. That the person or persons whose names do or may appear as owner or owners of any ship or vessel, either on the certificate of registry, enrollment, or licence of any such ship or vessel, or if neither registered nor licensed, on the last clearance or custom house document issued before the passing of this act for such ship or vessel, shall be reputed as the true owner or owners of such ship or vessel, and be liable to the payment of all penalties which may be incurred by the owners of such ship or vessel, by reason of any violation of any of the provisions of this act, or of the act laying an embargo on all ships and vessels in the ports and harbors of the U. States, or of any of the acts supplementary thereto by such ship or vessel: Provided always , That nothing in this section contained shall be construed to release any other person or persons from the payment of any penalty incurred by virtue of any of the acts aforesaid.
BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That if any person or persons shall put, place, or load on board any ship, vessel, boat or watercraft, or into any cart, wagon, sled, or other carriage or vehicle, with or without wheels, any specie, goods, wares or merchandise, with intent to export, transport or convey the same without the United States or the territories thereof, to any foreign place, kingdom or country, or with intent to convey the same on board any foreign ship or vessel within or without the limits of the United States, or with the intent in any other manner to evade the acts to which this act is a supplement, all such specie, goods, wares and merchandise, and also the ship, vessel, boat, watercraft, cart, wagon, sled, or other carriage or vehicle, on board, or in which the same may be put, placed, or loaded as aforesaid, shall be forfeited, and the person or persons so putting, placing, or loading the same as aforesaid, and also the masters and abettors therein, shall upon conviction, be adjudged guilty of a high misdemeanor, and fined at the court before which the conviction is had, equal to four times the value of such specie, goods, wares and merchandise: Provided however , That this section shall not be construed to extend to any person or persons, not being the owner or owners of such specie, goods, wares or merchandise, who shall first inform and make complaint to the collector of the district of any such offence committed within the same district; and any informer or informers not being the owner or owners as aforesaid, upon conviction of the offenders, shall be entitled to one-half the fine aforesaid, and shall be entitled to a certificate for that purpose from the court before whom the conviction shall be had.
Sec. 2. And be it further enacted. That it shall not be lawful to put on board any ship, vessel, or boat or any description whatever, any specie or goods, wares, or merchandise, either of domestic or foreign growth, produce, or manufacture, and the same is hereby prohibited unless a permit particularly stating the articles thus to be laden shall have been previously obtained from the collector of the district in which such ship, vessel, or boat may then be, or from a revenue officer specially authorised by the collector to grant such permits; nor unless the lading shall be made under the inspection of the proper revenue officers, nor unless the owner or owners, consignee or factor of such ship, vessel, or boat shall, with the master have given bond with one or more sureties to the United States in a sum six times the value of the vessel and cargo, that the vessel shall not leave the port without a clearance, nor shall, when leaving the port, proceed to a foreign port or place, nor shall put any article on board of any other vessel; and that the whole cargo shall be reloaded either in the port where the vessel then be, or in such other port of the United States as shall be designated in the clearance. And it shall be lawful for the collectors of the customs to refuse permission to put any cargo on board any such ship, vessel, or boat, whenever in their opinion there is an intention to violate the embargo, or whenever they shall have received instructions to that effect by direction of the President of the United States: Provided , that nothing contained in this section shall be construed to extend to any ship, vessel, or boat, uniformly employed in the navigation only of bays, sounds, rivers, and lakes, within the jurisdiction of the United States, which shall have obtained a general permission, agreeably to the provisions in the fourth section of this act.
Sec. 3. And be it further enacted. That the owner or owners, consignee or factor, of any ship, vessel, or boat, as described in the preceding section, which may, at the time when notice of this act shall be received at the several custom-houses respectively, be laden in whole or in part, shall, on notice given by the collector, either discharge such cargo or give bond for the same, in the manner and on the conditions mentioned in the preceding section; and if the cargo shall not be discharged within ten days or the bond given within three days after such notice, the ship, vessel, or boat and cargo shall be wholly forfeited. But the collectors are hereby authorised to order or to cause the cargoes, such vessels to be discharged for the same causes as they may refuse permission to put any cargo on board of vessels not yet laden in whole or in part. And they are likewise authorised in the meanwhile, and until the cargoes shall have been discharged, or bonds given, as the case may be, to take possession of such vessels, and to take such other measures as may be necessary to prevent their departure.
Sec. 4. And be it further enacted. That the collectors of the customs be and they are hereby authorised to grant, under such general instructions as the President of the U. States may give to that effect, a general permission to ships, vessels, or boats, whose employment has uniformly been confined to the navigation of bays, sounds, rivers, or lakes within the jurisdiction of the United States, when it can be done without danger of the embargo being violated, to take on board at any time such articles of domestic or foreign growth as may be designated in such general permission or permissions, bond with one or more sureties being previously given to the United States by the owner, owners, consignee, or factors of such ship, vessel, or boat, and by the master thereof, in an amount equal to three hundred dollars for each ton of the said vessel, that such vessel shall not, during the time limited in the condition of the bond, depart from any district of the United States without having previously obtained a clearance, nor until the master or commander shall have delivered to the collector or surveyor of the port of departure a manifest of the whole cargo on board, that the said vessel shall not, during the time above mentioned, proceed to any other port than that mentioned in her clearance, or put any article on board of any other vessel, or be employed in any foreign trade; and that on every voyage or trip the whole of the cargo shall be landed in a port of the United States within the bay, sound, river, or lakes to which the navigation of such vessels is confined.
Sec. 5. And be it further enacted. That if any ship, vessel, or boat, not having received a general permission, and a general bond not having been first given in the manner provided for in the next preceding section, shall take on board any specie, or any goods, wares, or merchandise, either of foreign or domestic growth, produce, or manufacture, contrary to the provisions of the second section of this act, such ship, vessel, or boat, together with the specie and goods, wares and merchandise, shall be wholly forfeited, and the owner or owners, agent, freighter, or factors, master or commander of such ship, vessel, or boat, shall moreover severally forfeit and pay
a sum equal to the value of the ship, vessel, or cargo, and of the cargo on board the same. Sec. 6. And be it further enacted. That the person or persons whose names do or may appear as owner or owners of any ship or vessel, either on the certificate of registry, enrollment, or licence of any such ship or vessel, or if neither registered nor licensed, on the last clearance or custom house document issued before the passing of this act for such ship or vessel, shall be reputed as the true owner or owners of such ship or vessel, and be liable to the payment of all penalties which may be incurred by the owners of such ship or vessel, by reason of any violation of any of the provisions of this act, or of the act laying an embargo on all ships and vessels in the ports and harbors of the U. States, or of any of the acts supplementary thereto by such ship or vessel: Provided always , That nothing in this section contained shall be construed to release any other person or persons from the payment of any penalty incurred by virtue of any of the acts aforesaid.
BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That if any person or persons shall put, place, or load on board any ship, vessel, boat or watercraft, or into any cart, wagon, sled, or other carriage or vehicle, with or without wheels, any specie, goods, wares or merchandise, with intent to export, transport or convey the same without the United States or the territories thereof, to any foreign place, kingdom or country, or with intent to convey the same on board any foreign ship or vessel within or without the limits of the United States, or with the intent in any other manner to evade the acts to which this act is a supplement, all such specie, goods, wares and merchandise, and also the ship, vessel, boat, watercraft, cart, wagon, sled, or other carriage or vehicle, on board, or in which the same may be put, placed, or loaded as aforesaid, shall be forfeited, and the person or persons so putting, placing, or loading the same as aforesaid, and also the masters and abettors therein, shall upon conviction, be adjudged guilty of a high misdemeanor, and fined at the court before which the conviction is had, equal to four times the value of such specie, goods, wares and merchandise: Provided however , That this section shall not be construed to extend to any person or persons, not being the owner or owners of such specie, goods, wares or merchandise, who shall first inform and make complaint to the collector of the district of any such offence committed within the same district; and any informer or informers not being the owner or owners as aforesaid, upon conviction of the offenders, shall be entitled to one-half the fine aforesaid, and shall be entitled to a certificate for that purpose from the court before whom the conviction shall be had.
Sec. 2. And be it further enacted. That it shall not be lawful to put on board any ship, vessel, or boat or any description whatever, any specie or goods, wares, or merchandise, either of domestic or foreign growth, produce, or manufacture, and the same is hereby prohibited unless a permit particularly stating the articles thus to be laden shall have been previously obtained from the collector of the district in which such ship, vessel, or boat may then be, or from a revenue officer specially authorised by the collector to grant such permits; nor unless the lading shall be made under the inspection of the proper revenue officers, nor unless the owner or owners, consignee or factor of such ship, vessel, or boat shall, with the master have given bond with one or more sureties to the United States in a sum six times the value of the vessel and cargo, that the vessel shall not leave the port without a clearance, nor shall, when leaving the port, proceed to a foreign port or place, nor shall put any article on board of any other vessel; and that the whole cargo shall be reloaded either in the port where the vessel then be, or in such other port of the United States as shall be designated in the clearance. And it shall be lawful for the collectors of the customs to refuse permission to put any cargo on board any such ship, vessel, or boat, whenever in their opinion there is an intention to violate the embargo, or whenever they shall have received instructions to that effect by direction of the President of the United States: Provided , that nothing contained in this section shall be construed to extend to any ship, vessel, or boat, uniformly employed in the navigation only of bays, sounds, rivers, and lakes, within the jurisdiction of the United States, which shall have obtained a general permission, agreeably to the provisions in the fourth section of this act.
Sec. 3. And be it further enacted. That the owner or owners, consignee or factor, of any ship, vessel, or boat, as described in the preceding section, which may, at the time when notice of this act shall be received at the several custom-houses respectively, be laden in whole or in part, shall, on notice given by the collector, either discharge such cargo or give bond for the same, in the manner and on the conditions mentioned in the preceding section; and if the cargo shall not be discharged within ten days or the bond given within three days after such notice, the ship, vessel, or boat and cargo shall be wholly forfeited. But the collectors are hereby authorised to order or to cause the cargoes, such vessels to be discharged for the same causes as they may refuse permission to put any cargo on board of vessels not yet laden in whole or in part. And they are likewise authorised in the meanwhile, and until the cargoes shall have been discharged, or bonds given, as the case may be, to take possession of such vessels, and to take such other measures as may be necessary to prevent their departure.
Sec. 4. And be it further enacted. That the collectors of the customs be and they are hereby authorised to grant, under such general instructions as the President of the U. States may give to that effect, a general permission to ships, vessels, or boats, whose employment has uniformly been confined to the navigation of bays, sounds, rivers, or lakes within the jurisdiction of the United States, when it can be done without danger of the embargo being violated, to take on board at any time such articles of domestic or foreign growth as may be designated in such general permission or permissions, bond with one or more sureties being previously given to the United States by the owner, owners, consignee, or factors of such ship, vessel, or boat, and by the master thereof, in an amount equal to three hundred dollars for each ton of the said vessel, that such vessel shall not, during the time limited in the condition of the bond, depart from any district of the United States without having previously obtained a clearance, nor until the master or commander shall have delivered to the collector or surveyor of the port of departure a manifest of the whole cargo on board, that the said vessel shall not, during the time above mentioned, proceed to any other port than that mentioned in her clearance, or put any article on board of any other vessel, or be employed in any foreign trade; and that on every voyage or trip the whole of the cargo shall be landed in a port of the United States within the bay, sound, river, or lakes to which the navigation of such vessels is confined.
Sec. 5. And be it further enacted. That if any ship, vessel, or boat, not having received a general permission, and a general bond not having been first given in the manner provided for in the next preceding section, shall take on board any specie, or any goods, wares, or merchandise, either of foreign or domestic growth, produce, or manufacture, contrary to the provisions of the second section of this act, such ship, vessel, or boat, together with the specie and goods, wares and merchandise, shall be wholly forfeited, and the owner or owners, agent, freighter, or factors, master or commander of such ship, vessel, or boat, shall moreover severally forfeit and pay
venting violations of the embargo, shall be exercised in conformity with such instructions as the President may give, and such general rules as he may prescribe for that purpose, made in pursuance of the powers aforesaid; which instructions and general rules the collectors shall be bound to obey; And if any action or suit be brought against any collector or other person acting under the directions of and in pursuance of this act, he may plead the general issue, and give this act and the instructions & regulations of the President in evidence for his justification and defence. And any person aggrieved by the acts of any collector in either of the cases aforesaid, may file his petition before the district court of the district where the collector resides, stating the facts of his case, and thereupon, after due notice given to the district attorney and the collector, the said court may summarily hear and adjudge thereupon as law and justice may require, and the judgment of the said court, and the reason and facts whereon it is grounded, shall be filed among the records of said court; and if restoration of the property detained or taken in custody, or permission to land as aforesaid, shall be decreed, it shall be upon the party's giving such bond with sureties as is or shall be required to be taken in similar cases by the collector, and not otherwise; but if the said court shall adjudge against such petition, the collector shall be entitled to treble costs, which shall be taxed for him, and execution awarded accordingly by the court.
Sec. 11. And be it further enacted. That it shall be lawful for the President of the U. States, or such other person as he shall have empowered for that purpose, to employ such part of the land or naval forces or militia of the U. States, or of the territories thereof as may be judged necessary, in conformity with the provisions of this and other acts respecting the embargo for the purpose of preventing the illegal departure of any ship or vessel, or of detaining, taking possession of, and keeping in custody any ship or vessel, or of taking into custody and guarding any specie or articles of domestic growth, produce, or manufacture. & also for the purpose of preventing and suppressing any armed or riotous assemblage of persons resisting the custom-house officers in the exercise of their duties, or in any manner opposing the execution of the laws laying an embargo or otherwise violating or existing and abetting violations of the same.
Sec. 12. And be it further enacted. That all penalties & forfeitures incurred by force of this act, unless herein before otherwise directed; & all penalties & forfeitures incurred by force of the act, entitled "An act laying an embargo on all ships and vessels in the ports and harbors of the U. States," or by virtue of the several acts supplementary thereto, may be prosecuted, sued for, and recovered by action of debt, or by indictment or information, any law, usage, or custom to the contrary notwithstanding; and if recovered in consequence of any seizure made by the commander of any public armed vessel of the U. S. shall be distributed according to the rules prescribed by the act, entitled "An act for the government of the navy of the U. States," & if otherwise, shall be distributed, & accounted for in the manner prescribed by the act, entitled "An act to regulate the collection of duties on imports and tonnage," passed the second day of March, one thousand seven hundred and ninety-nine, and may be mitigated or remitted in the manner prescribed by the act, entitled "An act to provide for mitigating or remitting forfeitures, & disabilities accruing in certain cases therein mentioned," passed the third day of March, one thousand seven hundred and ninety-seven, & made perpetual by an act passed the eleventh of February, one thousand eight hundred, and any officer or other person entitled to a part or share of any of the fines, penalties or forfeitures aforesaid, may, if necessary, be a witness on the trial thereof, but in such case he shall not receive any part or share of the said fine, penalty or forfeiture, but the part or share which he would otherwise be entitled shall revert to the U. States.
Sec. 13. And be it further enacted. That the President of the U. States, be, & he hereby is authorized to hire, arm and employ thirty vessels, not exceeding in tonnage one hundred & thirty tons each, belonging to citizens of the United States, and so many seamen as shall be necessary to man the same for immediate service, in enforcing the laws of the United States on the sea coast thereof, and to dismiss the same from service whenever he shall deem the same expedient: Provided however , That such hiring, arm-ing & employment shall not be for a term exceeding one year. And the said ships or vessels when so hired and armed, shall be employed under the direction of the Secretary of the Treasury.
Sec. 14. And be it further enacted. That the powers given to the President of the U. States by the seventh section of the act of March the twelfth, one thousand eight hundred and eight, to grant permission to citizens having property of value in peace without the jurisdiction of U. States, to dispatch vessels for the same, shall henceforth cease.
Sec. 15. And be it further enacted. That this act shall be in force from and after the passing thereof, during the continuance of the act, entitled "An act laying an embargo on all ships and vessels in the ports and harbors of the U. States," and no longer.
J. B. VANNUM, Speaker of the House of Representatives. GEO. CLINTON, Vice President of the U. S. and President of the Senate. Jan. 9, 1809. APPROVED TH: JEFFERSON.
SENATE. FRIDAY, Jan. 6. Return J. Meigs, junr. appeared and took his oath. The following Message was received from the President of the U. States. To the Senate and House of Representatives of the United States. I now lay before Congress a statement of the works of defence which it has been thought necessary to provide in the first instance for the security of our seaport towns and harbors, and of the progress towards their completion. Their extent has been adapted to the scale of appropriation, and to the circumstances of these several places. The works undertaken at New York are calculated to annoy and endanger any naval force which shall enter the harbor, and still more one which should attempt to be before the city. To prevent along her the entrance of large vessels, a line of blocks across the harbor has been contemplated, & would, it is believed, with the auxiliary means already provided, render that city safe against naval enterprise. The expense as well as the importance of the work, render it a subject proper for the special consideration of Congress. At New Orleans, two separate systems of defence are necessary; one for the river, the other for the lake, which at present can give no
aid to one another. The canal now leading from the lake to the river, would enable the armed vessels in both stations to unite and co-operate, in conjunction, an attack from either side. Half the aggregate force would then have the same effect as the whole; or the same force double the effect of what either can now have. It would also enable the vessels stationed in the lake, when attacked by superior force, to retire to a safer position in the river. The same considerations of expense and importance render this also a question for the special decision of Congress.
TH: JEFFERSON. Accompanying the message is a detailed report of the Secretary of War, which shows that much has been done during the past year towards the defence of our ports and harbors. The following are the sums expended in the several states: New Orleans 80,573 Georgia, South and North Carolina 204,289 Virginia and Maryland 111,432 Delaware, Pennsylvania and New-Jersey 5,900 New-York 579,133 Connecticut and Rhode Island 11,000 Massachusetts and New-Hampshire 225,475 1,014,702
The message and report were referred to Messrs. Giles, Mitchell, Sumner, Anderson and Middlesex. The bill making a further appropriation towards completing the two wings of the Capitol was passed.
The Senate took into consideration the motion offered by Mr. Lloyd, as given in No. 1256, calling for all the official, as well as informal correspondence between Mr. Rose and the Secretary of State, or any other officer. Mr. Pickering moved to insert the following as a preamble: It having been stated to the Senate, by a member in his place, that besides the formal negotiations with the British government, relative to the attack on the United States frigate Chesapeake, exhibited in the documents communicated to Congress during their last session, by the President of the United States, there had been certain informal overtures upon the same subject, between the British minister, Mr. Rose, or some person authorised by him and some person, or persons on the part of our own government, which overtures and their results ought, according to the opinion expressed, by the said member, to be made known to the people of the U. States.
This motion was negatived, Yeas 5 - Nays 24. The Yeas being Messrs. Goodrich, Hillhouse, Lloyd, Pickering and White. The question was then taken on the original resolution, which was likewise rejected, Yeas 7 - Nays 22. The Yeas being Messrs. Gilman, Goodrich, Hillhouse, Lloyd, Pickering, Read & White.
FROM EUROPE.
BOSTON, January 6. Yesterday arrived at this port, the sch. Jane, captain Hall, in 35 days from Oporto. Sailed from that place on the 29th of November. About 10 days before his departure, intelligence had been received from Cornwall, that a great battle had been fought between the Spanish troops and people, contending for the independence of their country, and their invaders, the French, in which the former suffered a defeat, with the loss of 30,000. This news had not been officially received at Oporto, but was credited by some. The Portuguese, however, appeared to be in good spirits. The action, it was said, took place near Panpeuna. It should prove correct, that a battle, so disastrous for the world has taken place, it must have been fought early in November - and our next arrival from England will probably furnish the particulars. Letters from Oporto to the 25th of November, are silent as to the above information.
Bonaparte was said to be on the Spanish frontiers with an army of 260,000, and the French army engaged was reported at 150,000.
THE ENQUIRER.
RICHMOND, JANUARY 14, 1809.
DEBATE
IN THE HOUSE OF DELEGATES RESPECTING THE EXECUTIVE LAW.
On Friday last, the substitute (published in our last paper) came under discussion.
On the proposed substitute to the execution bill, Mr. Wirt advocated the substitute on the following grounds:
1. That although the Executive neither the substitute nor the original bill, yet he preferred the substitute, as being the least of the two evils. II. That gentlemen from various parts of the state, had mentioned instances of individual hardship resulting from the sacrifice of property under execution, since the passage of the replevy law last winter: That the substitute went directly to meet this mischief, by declaring that property should not hereafter be sold under execution, unless it would command its full value. That by the adoption of this substitute, therefore, the very grievance complained of, would be removed - and the people certainly could not complain of his being to pay their just debts, when according to the principles of this substitute, the price of their lands even could not be sold for such payment, without commanding the full price as estimated before the embargo. That the adoption of the substitute went to give the creditor an opportunity of taking the property of the debtor at its fair and just value - if he chose to take it at this, and if the debtor certainly could not complain; and if the creditor refused to take it at this fair and just value, he himself would have less reason to complain, than where no such opportunity was afforded to him.
III. That the original bill would operate the total ruin of the towns, for the partial benefit of the country. It went farther; to sacrifice a great part of the country itself, to another part of the country. He exemplified by beginning with
1. The merchant: he is a creditor in relation to the people of the country: but he is a debtor in relation to foreign merchants or the merchants of other states. This bill disables the merchant from collecting his debts in the country: but does it protect him against his creditors? On the contrary his creditors have a right to sue him in the federal court, which does not acknowledge the authority of the state laws; he will be torn to pieces by executions from the federal court, while his hands are perfectly tied from collecting the debts due to him, in order to meet their judgments. Is this fair and equal legislation?
2. The mechanic, whether of the town or country - he lives by the sweat of his brow and the punctilious remuneration of his labors; a suspension of payment is ruin to him.
3. The landlord who lives solely by the punctilious payment of his rents; this bill declares he shall not be paid, and thereby cuts off the only source of his subsistence.

4. The tenant who draws his food from rented land;—with the landlord suffer him to exhaust his lands for that food, while he himself is starving from the non-payment of his rents?
5. The man who lives by the hire of his slaves and the faithful payment of that hire, what is to become of him? He, like the mere landlord, who lives by the payment of his rent, is most frequently an infant—incapable, therefore, of any exertion to derive a subsistence from other sources; these are doomed by your bill to starve.
6. In short, where is the man in society who will be protected by your bill, save only the farmer, who has the means of subsistence within himself? But will even he be protected? If the debt which he owes is above £150 he will not; since his merchant creditor by means of the assignment of his paper to foreign creditors, will produce a re-action upon the farmer himself, and subject him eventually to the bolt of the federal court. Nor will the farmer, whose debts altogether amount to £150 be more safe; these debts will all find their way into the same hands;—lists of these debts will be published; delicacy will not hinder this—The first blow is given, in this law, by the farmer himself: he must not be surprised to find it returned—These debts will ultimately be returned into one, & find their way into the federal court. The farmer himself, therefore, will not be protected; and all this havoc and desolation are for nothing.
7. What a scene of speculation are you about to open! Already the market is glutted with paper to be shaved. You are about to encourage this laudable trade—You send out under this bill ten thousand bonds with endless sureties, to whet the appetite of speculators—What a repast are you spreading to them—What a cloud of Kites and Vultures will speedily hover over you! They are the only men who will eventually profit by this law; and who will they be?—The monied men; that is, British agents who have filled their pockets by the aid of federal executions, and creditors of other states, who have had the command of the same mint;—it is for these men you are about to doom your own state to ruin.
8. The bill is in violation of the federal constitution: it intermeddles with deeds of trust, and forbids the fulfilment of the contract—Here Mr. W. read the 10th sec. of the 1st article of the constitution.
9. No state shall enter into any treaty, alliance, or confederation, grant letters of marque and reprisal; coin money; emit bills of credit, make any thing, but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, &c. &c.
Does not the bill in your hand impair the obligation of contracts? A owes a debt to B, and contracts with him that unless he pays it by a given day, C, to whom he owes property for that purpose, shall proceed on notice to sell that property and from its proceeds pay the debt. The deed is obligatory for three purposes. 1. That the debt shall be paid; 2. That it shall be paid by a given day; and 3rdly. That if not so paid, the trustee shall forthwith proceed to sell and pay it;—but in steps the legislature, and by a law, declares, that as to two out of these three purposes, the contract shall not be obligatory—to wit, as to the payment by the day agreed on; and as to the sale on the event of non-payment by that day. The deed, indeed, shall stand as security for the eventual payment of the debt; and as to this solitary purpose, the obligation of the contract is suffered to remain unimpaired: but as to the other two purposes, it is not impaired merely, but totally abolished . Mr. W. asked how gentlemen could reconcile a vote in favor of this law, with their oath to support the constitution of the U. S.—Mr. W. here introduced a commentary on this section of the constitution from the pen, he said, of one of the most sound and penetrating statesmen, that ever overlooked the great course of human affairs—he meant Mr. Madison—It goes to shew his impression of the right & policy of such a bill as that in your hand, abstracted from the constitutional prohibition.
“Bills of attainder, ex post facto laws, & laws impairing the obligation of contracts, are contrary to the first principles of the social compact, and to every principle of sound legislation. The two former, are expressly prohibited by the declarations prefixed to some of the state constitutions, and all of them are prohibited by the spirit and scope of these fundamental charters. Our own experience has taught us, nevertheless, that additional fences against these dangers ought not to be omitted. Very properly, therefore, have the convention added this constitutional bulwark in favor of personal security and private rights; and I am much deceived, if they have not, in so doing, as faithfully consulted the genuine sentiments, as the undoubted interests of their constituents. The sober people of America, weary of the fluctuating policy which has directed the public councils, They have seen with regret and with indignation, that sudden changes and legislative interferences, in cases affecting personal rights, become jobs in the hands of enterprising and influential speculators; and shares to the more industrious and less informed part of the community. They have seen too, that one legislative interference is but the link of a long chain of repetitions; every subsequent interference being naturally produced by the effects of the preceding. They very rightly infer, therefore, that some thorough reform is wanting, which will banish speculations on public measures, inspire a general prudence and industry, and give a regular course to the business of society.”
In reply to all these objections, political and constitutional, we hear from gentlemen one unvarying answer:—The people are in distress, and something must be done for their relief: Agreed, sir: Let something be done for their relief: Let every thing be done which can relieve them; but let us not prefer the name of relief, give them ruin—my own impression is, that a few amendments of the replevy law of the last session, would answer every purpose of relief, and avoid all the mischiefs of this fatal bill:—but of the two bills now before the House, I shall give my preference to the substitute. It does not produce a total stoppage of the payment of debts; and as it meets directly the very mischief of which gentlemen complain, I do not see on what ground they can object to it in principle;—if its details are defective, they can be easily amended.
The substance of two speeches made by Mr. BARBOUR, on the Bill for suspending Executions, and for other purposes.
He stated he was well aware of the inequality of the conflict in which he was about to engage, with the gentleman, who had preceded him, (Mr. Wirt,) arising not only
from the distinguished and deserved character for talents, which he had acquired, but because he had no idea, that a debate would have taken place to-day after the decision of yesterday; still less that it would have taken the course which it had assumed. But, confiding in the policy and justice of the law to which the proposition under consideration was intended as a substitute, & well knowing that the sceptre of truth in the hands, even of imbecility, becomes omnipotent, he would in a plain and simple style, lay open to the house his view of the subject. He would not pursue the course of the gentleman by appealing from their judgments to their passions, but undertake by argument to dissipate the gloomy disasters which the gentleman had permitted himself to anticipate as the concomitants of the bill; under the influence of which anticipations, he had with the canvas before him, dipped his pen in colours of the darkest dye, and exhibited a most terrific picture to the house. It would be to him to shew, that this picture was the progeny of a heated imagination, begotten by the phantom of error.
The interruption of the ordinary current of justice cannot but be a fruitful theme of declamation. That it is calculated to do some injury, is readily conceded; and that it ought never to be resorted to, except on extraordinary occasions, is equally true. This is a fundamental truth ever held sacred in this country, and hence we see it has never been departed from, except in times of embarrassment produced by an interruption of those relations, which are as important to the prosperity of society as the dispensation of justice itself. But why this clamour about violated faith? Does not the substitute itself propose a different mode and time for the recovery of the debt, than was contemplated by the parties? So that our difference of opinion is not upon principle, but upon its modification. The interesting question for our determination is, whether for the present we shall sheathe the sword of justice, and by promoting concord and harmony among our people, unite the feelings and concentrate the efforts of our people against our common enemies, or whether we shall permit the hungry and cold-hearted creditor and speculator in these disastrous times to stalk abroad to the terror and dismay and ruin of our people? For one, he was decidedly of opinion that, for the present, policy required, and justice itself did not forbid it.
The debts heretofore contracted, were entered into upon an understanding, that things would remain nearly in statu quo . A species of property, which cost £100 would not now under the hammer of the auctioneer produce fifty. In addition to this, if you consult the interest of Creditors, you will find in many instances that that interest would be compromised. State the case, that many debtors upon former prices could pay all their debts; from the sacrifice inseparably incident to the present times, his property will not only be sacrificed, but the creditors will lose their debts, except indeed the unfeeling creditor, who in spite of the distress of his debtor, has gone on to enforce the recovery of his debt, although the entire ruin of the debtor was the result; a class of people certainly not entitled exclusively to the sympathies of this house.
But passing from this consideration to one much more important and comprehensive, let us, said Mr. B. enquire how it has happened, that we are in this state of things; an enquiry rendered important, not only because of itself, it has a most important bearing, but because some allusions have been made by the gentleman, as to our want of feeling for the condition of the mercantile part of the community.
In consequence of an unexampled series of aggression by the powers of Europe annually more and more aggravating, in the perpetration of which, laws human and divine have been trampled under foot, the government of the U. States has adopted a course, which has deservedly experienced the approbation of this house on divers occasions. It will be readily conceded, that the embargo is alluded to. But whilst the people have been willing, for the preservation of national honor and independence, to yield to its privations, the continuance of which on account of its duration is perhaps the most extraordinary fact in the history of nations, and justified only but by a new epoch in human affairs and an acquiescence on the part of the people, the most honorable evidence of their patriotism, they do expect that as this is a struggle, in which all are interested, that the consequences thereof should not devolve exclusively on one portion, and that too, the least able to bear them.
Contemplate the case of a man of wealth, and an unfortunate debtor. The latter, it will readily be admitted, ought not to bear more than his proportion of the loss. Yet, how does the fact stand? A dollar in the hands of a man of wealth is worth double as much as it was at the commencement of the embargo, provided you force a sale. So far therefore, from the embargo having injured him, it has increased the real value of his estate. If a sale is not forced, the property of no man will be sacrificed; because all sales being voluntary, will be regulated by what was the price formerly, or at least in a considerable degree. Is it right then to force sales by which the unfortunate debtor will but too much feel the privations of the embargo, and which in the same degree that it impoverishes the poor man without money, swells the estate and enhances the coffers of the man with money?
But it is necessary here to reply, to the remark of the gentleman from the city, alluded to some time past as to the hostility of the Agriculturalist towards the merchant, upon whom it is said the consequences of this law are to fall and whom them in ruin. For myself, said Mr. B. I with unspotted hands deny the truth of the charge. My system of legislation is predicated upon a regard, commensurate with the utmost confines of the state, an impartial towards every description of existence. I have always regarded every distinct class as the component part of one family and equally entitled to the protection of this house, their common guardian; and I should think a jealousy of the one class to the other as preposterous as would be a hostility between members of the human body.
That the allusion is not warranted by fact, attend to the course of the general government where the representations of the yeomen of this country have a vast ascendancy; and see the lengths to which they have been willing to go for the protection of their rights, in which agriculture had no sort of interest. The first cause of discord arising between one of the belligerents and this country sprung from the conflicting interests arising from the colonial trade; whether this trade was carried on or not, the cultivator of the soil did not care a doit. But it being a right which a merchant might, agreeably to the laws of nations, exercise, the representatives
of that very class of people, the cultivators of the soil now so much the subject of suspicion, did most magnanimously and disinterestedly determine to pledge the energies of the country to preserve this right undiminished. It is not my intention, said Mr. B. to launch into the vast ocean of our foreign politics, but the charge was so direct and so inaccurate in point of fact, that I thought it but right to repel it by stating this single fact—but how is the merchant to be so materially affected by the law and so entirely released by the substitute, so as to justify such a categorical declaration against the one, and such high wrought eulogies in favor of the other? The original bill proposes to carry substantial relief to the distressed, by enabling them to give bond and approved security to guarantee the ultimate payment of the debt without vexation and without expense from sheriffs, or lawyers or Clerks. The substitute proposes replevy. Now it becomes an enquiry whether the merchant would not as soon have a bond, according to the provisions of this act, to be carried into effect upon the rising of the next general assembly, as a replevy bond? Palpably his preference will be in favor of the former; for it is to be carried into effect in the same way, with this decided advantage that it may be quashed at any time, if the security sufficient at the taking, becomes insufficient; and in addition to this, they will (let them be taken when they may) expire upon the rising of the next general assembly.
As to the other branch of the substitute, that debts of certain descriptions shall be divided into installments payable in 100 and twenty days, it is adding insult to injury. To talk about days in the country is idle. We, the Farmers, well know that our receipts are once in twelve months, when we sell our produce.
It has been generally admitted, that we have debts enough already, yet according to the provisions of the substitute, they are to be multiplied three-fold. And for one debt, say of fifteen pounds, the unfortunate debtor is to be harassed with three different executions. If this is the only relief we can give, for one, I will give none at all.
But recurring to the assertion, that this will ruin the merchant; let us see its probable effects. This declaration will be hazarded without the fear of contradiction; that no good man, unless himself pressed, would at this time sacrifice his debtor. This law then will tie up the hands only of the blood sucker, who like a bird of prey has the greatest harvest, when disease, pestilence and death pervade the land. It is the condition of this class, which has called forth the misguided sensibility of my friend from the city, whilst it is not at leisure to deplore the suffering, of the beggared widow & orphan. The good man who has no wish to enrich himself by a bare dereliction of every principle of humanity, will be made sure of his debt and interest, to be recovered at the time when our affairs shall become more propitious.
But it is alleged, that whilst we tie up the hands of our merchant in the State Courts, he will be exposed to the Judgements recorded in the Federal Court. To this it may be answered, that we have a resolution lying upon our table, requesting congress to amend the laws of the United States as to conform to the process in the State Courts and be subject to the same restrictions. But in addition to this, we cannot be unaware, that we are rapidly hastening to a state of hostility, upon the happening of which we shall be relieved from those Foreign harpies, who, to use the Gentleman's own language, infest our country and eat out our substance. I wish, said Mr. B. to be understood—In ordinary times, a nation or an individual, governed by the maxims of honesty, would not enquire who possessed his paper; whether Jew or Gentile, to him would be a matter of indifference. But in reflecting back upon the injuries we have sustained, at the hands of those nations, to whose subjects we are indebted; when we reflect how they have disregarded every moral principle, it seems to me to be an unfortunately directed benevolence, to permit the subjects of those nations to be entirely exempt, from the influence of the calamities, which their fellow subjects, and the nation to which they belong have brought upon us. To say the least, I would not cherish them as friends, who come only to destroy. As to them, also, let the courts be shut; for were it not from the pressure produced from that quarter, amongst ourselves, possessing a feeling and an affectionate regard for each other, few would be the suits indeed.
Passing from its expediency, we come to the investigation of an objection infinitely more interesting. It is said that so much of the law as at present intercepts proceedings upon debts of trust, is unconstitutional. If this were true, for one, I should feel no hesitation in abandoning the law; every consideration, moral or political, influences me to hold the constitution of the United States, as sacred. My firm conviction is, that that instrument is the key stone to the ark of our political fabric. The moment it is withdrawn, this fabric, the work of virtue, patriotism, and wisdom, must tumble to the ground. 1. (said Mr. B.) have never, upon this subject, entertained a doubt; my opinion always has been, that it is not unconstitutional, but the reverse being the case, with many gentlemen, for whose judgment I have a high esteem, it becomes necessary to investigate it. It is conceded, as a political axiom, in this country, that the state sovereignities are absolute as to their municipal regulations, except where the constitution explicitly has transferred a portion of that sovereignty to the United States, or where by the constitution, a state is forbidden to exercise some particular powers. Amongst other restrictions it is said in Art I Sec. 10 that the states shall make no law impairing the obligation of contracts.
The question then at once presents itself, does this law impair the force of the obligation? I am to prove it does not.—What, permit me to ask, is the obligation of a contract? Certainly not the manner, in which it shall be enforced. The essence of the contract is the act to be performed. This will be somewhat illustrated this way. A man of honor, who is indebted, never enquires as to the solemnity of the instrument into which he may have entered, to secure his debt; he feels his conscience bound as well by an open account, as by a deed of trust; to him it is indifferent, by what sanctions it is to be enforced. The payment of the money is required by morality; its precepts are the only sanction requisite to compel a compliance.
If this be true, where is the difference between a law postponing the payment of a sum of money, due by bond, and a sum of money due by deed of trust? Remember from the previous reasoning, I endeavored to show, that in a oral, and I may now add, in a legal point of view, the obligation is as sacred in the one case as the other. How, then,
do gentlemen, without difficulty vote, nay themselves propose, to postpone the payment of money due by bond, and yet, in the same breath, threaten us with the vengeance of Heaven, if we vote for the postponement of the payment of money due by deed of trust? They say that the manner of enforcing payment by deed of trust, is one of private convention between the parties, and therefore to interfere is to violate the obligation of the contract. Now we contend that a general law, prescribing the mode of recovering debts, is as completely interwoven into every contract, as though it were set forth in the contract; that the only difference is, in a deed of trust the right is expressed, in the other, though not expressed, yet distinctly understood.
A gives his bond for fifty pounds. The law of the land, under which the contract is made, declares if the money be not paid, A. may be prosecuted to judgment and execution; upon which, he gives a forthcoming bond, which, if he forfeits, a right immediately accrues to the obligee, by motion, to obtain an execution, upon which, no security of any kind, is to be taken. We, without difficulty and without the impeachment of unconstitutionality, declared that this debt should not be deferred, but suspended till a future day. Now it is possible, that any gentleman, upon mature reflection, will say that the rights, which had accrued under existing laws were not as sacred as a right which had accrued under a deed of trust?
But, say the gentlemen, the difference is in this: that in a deed of trust, no aid is asked of our courts, therefore we have a right to interpose, whereas, in the case of bonds, they have to appeal to the courts for relief, and if we furnish it, we have a right to prescribe the conditions. We answer, that the conditions of trust are an extraordinary method of enforcing the payment of debts, and exist rather by the indulgence than the sanction of law, yet they have no other dependence for their obligation than the aid of law; that if society has indulged this anomalous case, in which a party becomes the carver of his own remedy, yet so soon as it is discovered, that that indulgence has operated an injury, society may withdraw its aid. For if the trustee proceeds to sell before the purchaser possesses himself of the subject sold, and he must have recourse to law for relief; and he same principle, which justifies a Legislature in withholding its aid, for the enforcement of the payment of money guaranteed under solemnities of their own creation, will certainly justify them in withholding their aid to the consummation of a remedy rather the subject of its aversion, than entitled to any peculiar protection.
The fact is, we only suspend, we do not impair the obligation of a contract. The obligation of the contract, is the payment of the money as well in a deed of trust, as in a bond—when then we have suspended in their operation, the latter, to effect a squamishness towards the former, is but little better than picking at pap and digesting steel.
One more remark upon this part of the subject. Let me enquire what is the contract in a mortgage? There the mortgagee conveys in absolute right the land with a defeazance, that if the money be paid by a given day, the conveyance shall be void. Yet we all know, that if the money be not paid, the courts of chancery interpose, and in the face of the contract of the parties, enjoin the mortgagee from taking possession of the land. Did any one ever hear from this circumstance, that the obligation of the contract was impaired? We know further, that a court of chancery always too indulges the party some time before the sale is to take place. And it certainly is an extraordinary position, to say, that a fragment of sovereignty can do more than the whole. The court of chancery, goes upon the principle of hardship, on the one hand, and with a view to the intrinsic essence of the contract on the other. If the money be paid, they know it is all that was intended, and to mitigate the severity of the law by a small share of indulgence, has never been branded with the opprobrious epithets of violating the sacredness of contract or the principles of the constitution.
To conclude, sir, the present is the most portentous crisis, that the world has ever seen. That faith which hitherto constituted the cement of the social world, has been broken. The usual relations have been interrupted; our honor and independence have been menaced; our own government, to avoid the storm, has prudently locked up our harbors; the usual means of acquiring money are thereby entirely destroyed; and the people, in the present disastrous times, cry aloud for relief. It is vain to say, that partial inconveniences will occur. That is a misfortune inseparably incident to human legislation. Providence, itself, is not exempt from the condition. The great question is, will not more relief be administered than mischiefs done? If so, let the original bill progress, and not give way to the substitute that is not only liable to all the objections of the original, but has none of its advantages.
I have done my duty, and shall take the liberty of recording my vote; that amidst the murmurs which shall arise, if the law be not passed, I shall be able to shew the people that my skirts are clear.
(Argument to be continued.)
The preceding are mere sketches and skeletons of the speeches—For these sketches of the argument, we are indebted to the gentlemen themselves.
The letter in the last “Spirit of ‘75,” from Mr. Taylor, to the Editor of this paper, shall be duly noticed hereafter. At present, there are things of more importance to engage the attention of the Enquirer.
A few words however—as to the way in which this letter is ushered into light. This letter has been in my hands for more than three months. It was my own property—deposited with my other private papers.—Yet was John Taylor of Caroline indicatio enough to employ my most malignant enemy—a man with whom I held no sort of intercourse—to make an application to me for that letter—to be published & turned against myself. These gentlemen did not however, think proper to state to me that such was the object of this application. Mr. Starnard was merely polite enough to inform me, that he was authorized by Col. John Taylor of Caroline, to apply for this composition.—But suspecting that such was the object of the application from the source through which it came, and determined to meet investigation through that or any other source, I did not hesitate one moment as to the line of conduct which I should pursue. The letter was immediately sought—sent to the office of the Spirit of ‘75—and immediately ushered into broad day, with at my knowledge or without my consent—Would any man of extreme delicacy or sensibility have acted in any way? The proposition, which was made to me, was a rude and indicative one—and had it come through any other medium, and for
such purpose, it would have been rejected with contempt.
If Mr. Taylor in this letter had expressed the slightest anxiety to see it in print, it would have been enough. I should have been sorry to have disappointed his wishes by withholding so keen and elegant a composition from the public. The Vanity of the Author, or the Resentment of the Man should have been gratified.
If preserving no copy for himself, Mr. T. had only been civil enough to request me to send the original to his publisher, his conduct would then have been more worthy of a man of delicate refinement. I could not have hesitated to oblige him.
But for what particular purpose this letter is now given to the world, I am at a loss to conjecture. Having assured me in this very letter, that he had written it “not from a disposition to injure me” but from a hope that (he) may possibly hit upon some idea of inducing “me” to examine the error he was censuring—after having thus shown so generous a solicitude to have rectified my own errors—why does he send this lecture into the world? Does the gentleman suppose, that it was better calculated to work its effect in the columns of a news-paper, than in the pages of his own manuscript? Does he conceive, that there is something so very magical in the pages of “The Spirit of ‘76,” that by merely passing thro’ the pure stream of information, his composi n would imbibe a more healing and saving virtue? Perhaps not: there is at least some other allurement in the columns of a newspaper. The vanity of some authors may whisper them, that their compositions are too brilliant “to be hid under a bushel” of my waste papers—too fair a “gem” to be lost in the “dark, unfathom’d caves of the Ocean” of time—too fine a “flower, to be born to blush unseen.”
“And waste its sweetness in the desert air.” But enough of the way in which this thing has come to light.—Of the composition itself, some notice will be taken hereafter.
As to the Editor of the Spirit of ‘76,” who has ushered this thing into light, with such an air of satisfaction—he is too contemptible for my notice. I must confess, that little as I have hitherto written about this gentleman, that little has been too much. His name and the notice of his effusions shall not hereafter tarnish the columns of this paper—unless providence should please to work a miracle in his favor, by inspiring him with talents and liberality enough to command my respect.
THE EDITOR.
Yesterday, the House of Delegates were resolved into a committee of the whole, Mr. Wooding in the chair, on “A bill to amend the act entitled an act to amend the several laws concerning slaves.”—The first section provides, that so much of the act of January, 1806, should be repealed, as “prohibits persons residing in this state, who now are or hereafter may be entitled to any slave in any other of the United States by devise, descent, or marriage from removing them into this state.” The bill also furnishes a method of authenticating, within 60 days, the manner in which any such person may acquire his or her title, to such slave.—There are other provisions in the bill.
An amendment was moved in the 1st section, by Mr. Peyton, to authorise persons residing without the state, and coming into this state, with a bona fide intention of residing in it, to bring their slaves.—Lost, Ayes 53—Noes 73.
A proposition was made to strike out the first section. Carried, Ayes 72—Nays 69.
The committee then rose, and upon a motion being made, in the House, to postpone the further consideration of the Bill till the 31st of March, it was carried, Ayes 79—Noes 78.
On Wednesday night the Post Office of this City was ROBBED of between 3 and 4 hundred DOLLARS—a part of which will be recovered, as it fortunately consists of checks on the Bank of Virginia.—It was only two or three days before this robbery, that this money had been collected from the merchants of the city.
MARRIED in the vicinity of Baltimore, WILLIAM A BURWELL, Esq. a Representative in Congress from the state of Virginia, to Miss LETITIA MCCREERY.
DEPARTMENT OF STATE, 11th January, 1809.
(CIRCULAR.) Merchants and others, wishing to forward letters to Europe, are informed that two vessels, under the orders of government, will sail from New-York on the 25th of this month, or as soon thereafter, as possible—the one for Falmouth, the other for L’Orient, and will deliver all such letters as may be respectively consigned to those ports, or to other places through the same.
The postage on the letters to New-York must be paid.
By virtue of the last will and testament of the late Dr. John Cringan, will be sold on the premises, in this city, on Saturday, the twenty-eighth instant, (January) at public auction, upon a credit of twelve months, the purchasers giving bond with approved security, to carry interest from the date, the LOTS whereon the deceased resided, except that part allotted to his widow for her dower—Also, a lot whereon is a stable and carriage-house together with a moiety of an orchard on the square whereon Mrs. McCredie now resides.
WM. C. WILLIAMS, Esq. of D. J. CRINGAN, dec'd tfs. January 10th 1809.
THE Members of the Mutual Assurance Society against fire, on buildings &c. are hereby notified, that the General Annual meeting of that Society will be held by adjournment at the Capitol, this day at 10 o'clock A. M. SAMUEL GREENHOW, Principal Agent.
Saturday, Jan. 14th 1809.
FOR SALE—The subscriber has 40 or 50 bushels of Red Clover seed for sale, of last years growth, any person wanting, can get supplied by calling on the subscriber, at Dover, in Goochland County, or Danville and Turner in Richmond. GEORGE HARDING.
January 14. 34.
FOR SALE—An excellent young riding HORSE, enquire at this office. M. S. VALENTINE.
January 13th 1809.
NOTICE—All persons indebted to the Estate of Mary Seabrook, dec'd are desired to make immediate payment, and those who have claims upon the said estate, are requested to make them known to the Subscriber, before the first Monday in March next, for at that time he intends closing his executorship.
JAMES SEABROOK. November 31.

DOMESTIC.
FEDERAL SPIRIT IN MASSACHUSETTS.
FROM THE KENNEDY GAZETTE.
MORE FIRE OF THE FLINTS.
At a large and respectable meeting of the inhabitants of the town of Bath, in legal town meeting assembled, on the 27th December ult. the following patriotic resolutions were unanimously adopted:
Resolved, That in the opinion of the people of this town, the end and object of government, is to secure safety and protection to the individuals upon whom it operates; and to furnish them with the power of enjoying, in tranquility, their natural rights and the blessings of life.
That whenever, from defect, in the form of that government, from corruption in the administration of it, or from other causes, those great and primary objects are not obtained, the people have a right, and their duty to themselves, and their posterity requires them to exercise it, to enquire into the causes of their suffering and to take measures necessary for removing their grievances and advancing their safety and prosperity.
That the people of this town and the people of the state, so far as we are acquainted with their situation, are now suffering privations and hardships, which exceed, in severity, any thing of the kind which has afflicted our country since its struggle for independence; and we cannot but consider, as the causes of this suffering and calamity, the oppressive and arbitrary laws of the general government, which prohibit all commerce with foreign nations, and which have, by their multiplied restrictions, almost abolished it among ourselves.
That we see with dread and detestation military preparations making among us, armed men patrolling our streets, and officers of that government, under color of these laws, arbitrarily seizing and sequestering the property of individuals; without any possible benefit to the community, and greatly to our annoyance and terror.
That the people have a right to understand the reason and intention of the laws, and none can be constitutional, or ought ever to be enacted, but such as have a tendency to promote the general good; that the strength and support of a republican government, depend on the attachment and affections of the people, and that policy therefore must always be most heartily deprecated, which can ever deem it expedient to pass laws which need bayonets to enforce them.
That we have hitherto borne with silence the severe pressure of these ruinous laws; and although we deem it our duty to speak with firmness and decision, our detestation of them and of the policy which gave rise to them, we will still keep down the spirit of indignation, which swells within us, at the endurance of them, and will conduct towards the national government & its several officers with suitable deference and moderation; that we do however despair of obtaining any redress of these grievances, from that government, while its principal officers are filled as at present; and that our only hope is, that the state governments, by their remonstrances & resolutions, may have more influence in effecting these objects, than the petitions and memorials of individuals and towns.
Resolved, therefore, That a respectful address be forwarded in the name of the people of this town to the Legislature of this Commonwealth, stating to them the wrongs and grievances we already suffer, and the fearful apprehension we experience of speedy having our calamity increased, by the addition of still more restrictive and arbitrary laws; expressing to them our approbation of the measures they have already adopted upon this important object, and requesting them to take such other immediate steps for relieving the people either by themselves alone, or in concert with other commercial states as the extraordinary circumstances of our situation may require.
Also, that a Committee of Safety and Correspondence be appointed to correspond with committees of other towns, if necessary, in future, should require it, on the best means of relieving our common country from its present embarrassed and distressed situation, and that it be the duty of said committee to watch over the safety of the people of this town, and to give them immediate alarm, so that a regular meeting may be called whenever any infringement of their right shall be committed by any person or persons under color or pretence of authority derived from any officer of the U. States.
Also, that they be requested to attend particularly to any injuries and insults which may be committed or offered by any armed men patrolling our streets by night, and that they make complaint against such in future for going armed, to the terror and disturbance of the people, & cause them to be arrested and punished according to law.
SALEM, January 3.
The public and solemn testimonies of mourning and indignation, with which the Anniversary of the Embargo has been regarded in many places, indicate a rising storm. In the proceedings of the town of Bath, we see some of the features of those measures which were adopted in the Massachusetts province, previous to the revolution, to protect the liberties of the country from the arbitrary proceedings of the British government. "Committees of Safety and Correspondence" were bodies which gave vigor to the sons of freedom in these days: we hope, however, our State Legislature will be our grand "Committee of Safety" now.
BALTIMORE, January 9.
Yesterday four ships chartered by government to convey troops to New-Orleans, dropped down the bay for Annapolis, to avoid being detained by the ice. All the troops have not yet arrived, but are momentarily expected. They will embark at Annapolis for their port of destination—American.
PHILADELPHIA, Jan. 7.
It is probable on the accession of Mr. Madison to the Executive Chair, that a change in our Foreign Agents will take place, and that a reiteration of offers of negotiation will be made to each of the belligerent powers.
It is understood, that on the return of the ship Union, which may be expected in all this month, another messenger, both to France and England, will be despatched by our government; and that this will be their ulterior effort at Amicable negotiation. The Union is not expected to bring out any thing of a satisfactory or decisive nature. Relf.
LITCHFIELD, (Conn.) December 28.
The following circumstance took place in Bethlehem, in the county of Litchfield, Connecticut:
In the month of January, 1778, a gentleman by the name of Beach, had a pair of silver shoe-buckles, valued at one dollar, stolen from him; although a strict inquiry was made at the time, no information was obtained respecting them. A few mornings since, one of the family of the gentleman, to whom the buckles belonged, found an anonymous letter upon a bush near the house, from which they had been taken, about thirty-one years since, directed to a Mr. Bird, (the supposed name of the owner of the buckles) which, after reminding him of the theft, together with several attending circumstances, concluded by assuring him of the penitence of the writer, and requesting him to accept of four times the value of the buckles, as a small compensation for the wrong done him; in the letter were enclosed 4 dollars. A remarkable instance of the power of conscience, which after a lapse of thirty years,
can compel the guilty to search for, and recompense the person whom he had wronged.
BRITISH EXPEDITION.
Without believing that the British expedition from Halifax is intended to act in any part of the American continent, we perform a duty to our fellow-citizens by calling their attention to that state of things, which could by any possibility induce so great a calamity to our country as the invasion of its territory at a point which the systematic policy of the administration has left totally unprepared for resistance.
We differ, however, entirely from the opinion which would admit a British armed force to ascend the Mississippi, under any pretext whatever; and contend that any such attempt should be resisted by the United States at any cost of treasure and blood that could ensue—the union and integrity of the nation, which we will maintain at every hazard, and under any administration, are essentially connected with this sentiment.
[Jackson.]
CASTINE, (Me.) Dec. 17.
The Isle Holt prisoners escaped.—Four of the persons lately committed on the charge of murder, have made their escape from the jail of Castine, on the night of the 13 inst. We have not learnt the particulars—but understood it was done by persons in disguise. It is said by a mob 20 or 30 people, who demanded the keys of the person who was the keeper, with a presented pistol.—The real jailor was absent on business.
METHOD OF PRESERVING THE NATURAL COLOR OF FLOWERS:
At a meeting of the Philomathetic Society, at Paris, citizen Liay stated the means which he had successfully employed to preserve the natural color in the petals of a great number of dried flowers. It was only necessary to immerse them, for some minutes in alcohol, (ardent spirit, or what is called spirit of wine). The color at first faded, but in a short time they resumed their natural tint, which remained permanently fixed. The author is fully convinced of the success of this experiment, as he made it ten years ago on the flowers of various plants, particularly viola odorata , geranium sanguineum , vicia dumetorum .
Our countrymen will do well not to treat the following article too lightly.
ST JOHN'S, (Antigua) Nov. 15.
We have been favored with the following Extract of a letter to a gentleman in this Island, dated, Bermudas, 17th Oct. 1808
"It is a fact that an expedition of some magnitude is fitting out at Halifax, and to take with it a great number of flat bottomed boats, which cannot be wanted in the West-Indies. It will call at this Island for the 13th regiment, which is now in readiness to embark at a moment's warning—its destination is of course unknown; but it is conjectured that in case America does not act, on the meeting of Congress, in an open and explicit manner, an attack will be made, (at our instigation and with our support,) by the Spaniards from Florida, with intent to regain possession of Louisiana."
The above conjecture certainly does not appear probable. We imagine these flat bottomed boats would be at least as unnecessary on the friendly coast of Florida where no opposition would be made to the landing of our little array as on the bold, but hostile shores of Martinique and Guadaloupe. Indeed, more so, for, in the invasion of an enemy's country it is always desirable to disembark troops in as large bodies as possible; and for this purpose the common boats of our men of war are by no means so well calculated as those with flat bottoms. In addition, it is not likely that there should be a sufficient number of Spanish soldiers in Florida to retain possession of Louisiana, even when supported by our small expedition, and supposing them fortunate enough in the first instance to overrun that country; nor can any hope be entertained of assistance from Old Spain at the present period. But there is one more powerful consideration which alone overthrows this conjecture, namely, that no war exists between Great Britain and America, nor is there likelihood of it more, from all we can learn, than for some time past. Upon the whole, notwithstanding the flat-bottomed boats, no object seems so probable as the French colonies in these seas.
Mr. Elliot brother of Lord Minto, has been appointed to the government of these Islands, Gen. Beckworth to that of Barbadoes, and Sir Charles Brisbane to St. Vincent.
With great pleasure we publish the following contradiction of a tory libel on the executive of Delaware state. Aurora.
10th December, 1808.
SIR, The secretary at war, by a late order, has required me to take effectual measures for having one thousand three hundred and thirty two officers included of the militia of the state of Delaware detached and duly organized, armed and equipped, and held in readiness to march at a moment's warning, as the quota of this state of the detachment of one hundred thousand men from the militia of the several states and territories, authorized by an act of congress of the thirtieth of March last. Of this number it is required that one twelfth be of artillery, one sixteenth cavalry, and from one sixteenth to one twelfth riflemen, and the residue infantry, or as nearly in these proportions as practicable, you will therefore proceed and have the draft completed as soon as possible.
I am authorized to accept as part of the above detachments, any company or companies of volunteers, either of artillery, cavalry, riflemen, or infantry who may associate and offer themselves for the service, and it would be highly gratifying to me if the quota of the state could be completed by voluntary offers of services.
(Signed) GEORGE TRUITT. Adjutant General Green.
The respective brigadier generals are required to furnish the following number of men out of their brigades, to complete the above orders—the first brigade, commanded by general Stockton, four hundred and sixty men, (including officers;) the second brigade commanded by general Barret, four hundred and eleven men, (including officers) and the third brigade, commanded by general Fisher, four hundred and sixty-one men, (including officers.)
JESSE GREEN, Adj't. Gen.
Concord, December 20th 1808.
JAMES SEABROOK, TAYLOR, returns his grateful thanks to his friends and the public, for their liberal encouragement, and informs them, that he has removed from Harris's Corner, to the house lately occupied by Mr. William Pickard, Book-Seller, next door above the Post-Office, where all commands, in his line, will be thankfully received, and punctually attended to—and that he will continue, constantly, to receive the newest fashions from Philadelphia. Jan. 5. 2aw2wC1aw2w
KIRBY, DRAKE & TAYLOR, intending to close their present concern, will dispose of their stock of DRY GOODS, at reduced prices, for cash, or on short credit, for approved notes in town.
Those persons indebted to the concern by open account, are requested to make payment or execute bonds for their respective amounts. dec. 17.
LOST, A NOTE signed by Wm. Crawford, & endorsed by John Clarke, both of the city of Richmond, dated the 1st Nov. last, and due the 1st day of May, 1809, amounting to $506 3/4; it is supposed it has been dropped in the street. Any person having found the same will be liberally rewarded on leaving it with the subscribers. All persons are forewarned from receiving or trading for the same in any manner whatever. PROSSER & MONCURE. oaw4w
WILL BE SOLD, to the highest bidder, at Hanover court-house, on the 25th of January, 1809, being Hanover court day, by virtue of three Deeds of Trust, executed by the subscribers, by Samuel Richardson, to secure the payment of certain sums of money, therein expressed, a tract of LAND, lying in the county aforesaid, containing 227 acres, more or less, adjoining the Lands of Wm. Vis and others. The terms will be, one-third cash, one-third in nine months, and the other third in twelve months, to carry interest from the day of sale. PARKE STREET, } Trustees JOHN B. JOHNSON, } dec. 27. 2awtds
FOR SALE.—Will be sold, on Tuesday, the 15th Jan. to the highest bidder, on the premises, five valuable half-acre LOTS, situated, in Duval's plan of the city of Richmond, and adjoining to the house and lot of Mr. Elisha Price, & on the day following, will be sold, the HOUSE & LOT whereon the subscriber at present resides. Terms made known on day of sale. D. DORRINGTON. dec. 31. 2awtds
LEADING from the Schooner RICHMOND at Lester's new Wharf: 23 Crates Earthen Ware, 25 Hds. Muscovado Sugar, 11 Do. Green Coffee, 9 Bales Woolens. IN STORE—100 bags Salt, 15 hds. Molasses, 10 tiers green Coffee, 6 quarter casks Sherry, 3 pipes Gin, 50 boxes Segars, 8 bags Rice, 10 bags Souchong, Hyson Skin and Young Hyson Tea. For sale by GEORGE WATT. nov. 4. [U]
DESERTED, from the service of the United States, on the 8th inst. a Musician in the 5th regiment of Infantry, named HUGH WES- TEN, thirty years of age, of a sallow complexion, grey eyes, light hair, 5 feet 7 inches high; when spoke to has a down look, slow in speech, and much addicted to strong drink; was born in South-Amboy, (New-Jersey)—Had on when he deserted, a drummer's uniform, which it is conjectured, he may have changed for those in which he was enlisted, viz. light colored Virginia cloth coat and pantaloons, swansdown vest and cotton shirt. A reward of Ten Dollars will be given to any person who will deliver said Deserter to me or to any officer in the United States' service. COLIN BUCKNER, Capt. 5th regiment Infantry. Fort Norfolk, Dec. 31. ff
DESERTED, from the service of the United States, on the 20th ult. DANIEL LUCAS, a private of the regiment of Light Artillery. The said Lucas was born in Orange county, Virginia, (but whose parents now reside in Amelia,) is 23 years of age, 5 feet 9 inches high, of a fair complexion, blue eyes, brown hair, and was by occupation a farmer. He had on at the time of his desertion, the uniform of his regiment. The usual reward will be paid on his delivery to me at Fort Norfolk, or to any other officer of the United States' army. WINFIELD SCOTT, Capt. U. States' Light Artillery. december 31. 2aw3w
THE partnership of Daniel Triplett & Co. is this day dissolved by mutual consent. DANIEL TRIPLETT, SAML P. PARSONS.
THE Subscriber wishes to hire 40 or 50 NEGRO MEN, and a few BOYS of 14 or 15 years of age, to work at the coal business the ensuing year. DANIEL TRIPLETT. dec. 22. ff
TO JOHN FOWLER of Kentucky, and JORDAN HARRIS, of Virginia, GENTLEMEN,
Take notice, that on Thursday the 12th of next month, at John Anderson's Tavern, in New-Canton, I shall proceed to take the deposition of Robert Moseley and others, to continue from day to day, until finished: And on Friday, the 20th of next month, I shall, at Buckingham court-house, again proceed to take the deposition of Daniel Guerrant and others, which deposition are to be read as evidence in a suit depending in the High Court of Chancery for the Richmond District, wherein I am plaintiff and you are defendants. Yours &c. PETER GUERRANT. dec. 27. ff
NOTICE.—In the year 1793, a request was made by letter from a gentleman in Virginia, (through Mr. Joseph Johnson, Consul in London) to Mr. Thomas Digges, then in England, to make enquiry for the heirs or the family of a Mr. Abraham Milnes, who, when a youth, left Briggens near Huddersfield in Yorkshire, for America, and was a clerk to a merchant in Virginia, afterwards kept a store of his own, had a partner in trade, & died unmarried, about the year 1753, leaving landed and other property. Unfortunately, by the loss at sea, of the Ship Jane and Rachel, capt. Dade from London to Alexandria, in the year 1793, the letters of request and other papers, and memorandums were lost, and even the writer's name, which is supposed to be Farley or Farley, as well as his place of residence has been forgotten, but is supposed to be near Petersburg in Virginia. The subscribers, or either of them, will be much obliged to any one, informed of either of the parties above alluded to, or can give any trace as to their residence, or informed of any landed or other property of said deceased Abraham Milnes, by letter directed to the subscribers as below; and they will thankfully pay any costs for ascertaining the names, places of residence, or effects of said deceased, &c. &c. GEO: MILNES, Merchant Boston. THOS. DIGGES, Fort Warburton, Potomac, Maryland. GEO: W. RIGGS, George-Town. October 14. [3m] * His name was spelt Mills or Milnes.
DUMFORD ACADEMY.—The same branches of Literature and Science, will be taught at this Seminary, the present year, that has been heretofore and the terms of Board and Tuition will also continue the same, viz. £ 30 for the first, including washing—and £ 10 for the latter—each to be paid quarterly, in advance. Capt. John Fox, will act as Steward, and the Subscriber and his assistant as teachers. CHILES TERRELL. King William County, Jan. 5. 2aw2w
THE SUBSCRIBER wishes to know (by letter,) who is owner of a Survey made in the name of Philip R. Penick, of 35,000 acres in Wythe and Washington counties, Virginia, on the waters of Reed Creek and Holston River. SAMUEL GRAHAM. Wythe, Jan. 5. 1aw3w
YOUNG LADIES' BOARDING-SCHOOL, WARRENTON.—Embraced by the general appropriation which was expressed by those patrons of Literature and Arts who honored this institution by their attendance at the late public recitations, and grateful for the encomiums they bestowed whilst viewing the exhibition of penmanship, needle-work, embroidery, &c. &c. I venture again to offer my services in the discharge of those duties which have occupied a material part of my latter years.
Animated by the prospect of meeting the support I have hitherto received, and contemplating the pleasure I have in view, by further contributing to the benefit of the rising generation; I intend dedicating my whole time to the improvement and edification of such Young Ladies as may be entrusted to my care; assuring their parents, guardians, &c. that it shall be my constant study to discover the turn or bent of their minds; that where it is necessary, I may be able, by gentle and persuasive means, so to moderate their dispositions as to induce them to wish to learn; and where the propriety is already discernable, to heighten it by just commendation, that it may become more sedulous, emulous.
The utmost caution shall be used to preserve them in health, to impress them with just notions of piety and virtue, and to make them understand the necessity of attending to moral and domestic economy. In fine, such will be my pride to give entire satisfaction, that they shall know no other difference by being from home, than the absence from their parents, &c. and being obliged to attend diligently to the orders and regulations of this institution. As viewing what has been done, is a better criterion than any other whereby to judge what may be attained, the subscriber begs leave to inform the Ladies and Gentlemen of Richmond, and its vicinity, that a Specimen, the performance of a Young Lady of that city, who was only eighteen months at the above Seminary, may be seen on application at Mr. Archibald Nisbet's, Merchant in Richmond. SARAH FALKENER.
Every possible exertion is employed to procure a discreet & properly qualified person to teach Music.
The School will be opened on the first day of January next. ** The terms for tuition, board, washing, lodging, &c. are one hundred and five dollars. For day scholars twenty dollars per annum. The house is remarkably commodious and well constructed for the preservation of health. Warrenton, North-Carolina, December 19th, 1808. 1aw4w
IN CHANCERY.—Northumberland County Court, 14th Nov. 1808. George & Thomas Brown, Complainants—against Jacob Walsh, jr. & Stokely Towles, Defendants.
THIS day came the compts, by their counsel, and the deft Walsh, not having entered his appearance and given security, according to the act of Assembly and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this state, on the motion of the compts, it is decreed and ordered, that the said deft Walsh appear here on the first day of March term next, and answer the bill of the complainants, and that a copy of this order be forthwith inserted, for two months successively, in some news-paper published in the city of Richmond, and posted at the front door of the court house of this county. And it is further ordered, that the deft Towles, retain in his hands whatever money or property he may have belonging to the said Walsh, until the further order of the court. Attest: FLEM, BATES, C. N. C. oaw8w
VIRGINIA.—At a Superior Court of Chancery, held at the Capitol, in the city of Richmond, the first day of September, 1808. James Godden and Mary his wife, late Mary Tucker, Administratrix of Joel Tucker, deceased, and relict and executrix of Wm. Parrott, deceased, and in her own right, Plaintiff—Against Joseph Wilson and John Groves, Defendants. THE defendants Joseph Wilson and John Groves, not having entered their appearance and given security according to the act of Assembly, and the rules of this court, and it appearing to the satisfaction of the court, that they are not inhabitants of this country, on motion of the plaintiffs, by counsel, It is ordered, That the said defendants do appear here on the first day of the next term, and answer the bill of the plaintiffs, and that a copy of this order be forthwith inserted in some news-paper published in the city of Richmond, for two months successively, & posted at the front door of the capitol in the said city. A Copy. Teste, PETER TINSLEY, C. C. oaw8w
BY virtue of a deed of trust, bearing date anterior to the act, entitled "an act, concerning the sale of property under executions and incumbrances," executed to the subscribers, by Efford Bentley, in order to secure the payment of a sum of money due to Thomas Portinson, as therein expressed—we shall, on Tuesday, the 17th inst. if fair, if not the next fair day, at Pannville in Amelia county, expose for sale, at public auction, for ready money, twelve NEGROES, as mentioned in said deed, to wit: Isham, Ned, Jack, Nancy and her children, Thomy, Peter & Amy, Phebe and her children, Tabby, Joshua and Nelson, and Rachael, or so many thereof, as will be sufficient to discharge the debt mentioned in said deed of trust, with the interest & cost necessarily incurred by carrying the said trust into execution. The above deed of trust is recorded in the county court of Amelia. ARMISTEAD T. TOWNES, } Trustees PETER RISON, } January 5. oaw3w
RED SULPHUR SPRINGS, Monroe County, Va. The Subscriber takes this early opportunity of informing the public, that he has leased the RED SULPHUR SPRINGS, and he pledges himself that no pains or expense will be spared on his part, to give general satisfaction to those who may visit said Springs. There are six additional houses now building, which, together with the buildings already completed, will enable him to accommodate one hundred Boarders, with their servants, comfortably. It seems to be necessary to say any thing of the valuable properties of said Waters, as the benefits experienced by persons visiting them, have already spread their fame through the greater part of the United States. Letters and New-Papers directed to the visitors at said Springs, will be delivered at the place once a week. There will be a Store kept at said Springs, containing; a general assortment of Goods, Medicine, &c. ISAAC ESTILL. dec. 17. oaw5w
VALUABLE PROPERTY, FOR SALE.—The owners have become desirous of selling that well known, and valuable Property, the FARM SPRINGS, lying in Bath county, with all the Land and Tenement, belonging thereto, or they will sell the Springs with 5 or 6 hundred acres of Land. It would be useless to say any thing about the situation of those Springs, and their great Medical qualities, with the superior advantages attached to them, over any of the other Mineral Waters in this country. As it is presumed that no one will attempt to purchase, who is not well acquainted with them, or who will view the property before they purchase. Any communication on this subject, addressed to the Subscriber, will be speedily attended to. CHARLES A. LEWIS. Warm Springs, December 10. oaw6w
N. B. A considerable prompt payment will be expected, and a few likely young NEGROES taken
BY virtue of a deed of trust, executed to the subscribers by Gerard Banks, to secure the payment of several sums of money, due to John L. Harris & Co. which deed has been transferred to Wm. G. Poindexter: Will be sold on the premises, on the 21st day of January next, to answer the purposes specified in said deed, to the highest bidder, for ready money, so much of a tract of LAND, in said deed mentioned, containing seven hundred and eighty-four acres, lying in the county of Goochland, adjoining the Lands of Geo. W. Payne, Duquid Mims, Gideon Mims, and others, as may be necessary to pay the balance due on said deed, which is about $1200, and the expenses attending the sale. The subscribers acting as trustees, and being no way interested, will convey to the purchaser, such title only as accrued to them by virtue of the deed of trust aforesaid. Wm. MILLER, } Trustees FREDERICK HARRIS, } dec. 20. oaw4w
FOR SALE, the TENEMENT on which the subscriber lives, situated on Church-Hill, within about one mile of Richmond Market, containing two and half acres of Land, well enclosed and highly improved. The buildings consist of a large and well constructed Dwelling-House, Laundry, Kitchen, Dairy, Smoke-House, 2 Stores, brick Office, Coach-House, Barn, Stable, and Ice-House. All these buildings are in complete order for the accommodation of a large and central family, who may have easy access to all the advantages of the city, and live as retired as they could wish JOHN ELLIS. Nov. 25. [aw1w]
IN CHANCERY.—At a Court held for Albemarle County, the 5th day of Dec. 1808. Nimrod Bramham, Plaintiff—against Jno. Jouett, Alice Jouett heir of Robert Jouett, Nathan Crawford and Margaret his wife, John Alland and Mary his wife, John Mills, Minan Mills, Margaret Mills, Frances Mills, Clifton Rodes and Elizabeth his wife, Charles Jouett, Thomas C. Fletcher and Susanna his wife, Defendants. The Defendants John Jouett, John Alland and Mary his wife, and Charles Jouett, not having entered their appearance and given security according to the act of Assembly and the rules of this court, and it appearing to the satisfaction of the court, that they are not inhabitants of this Commonwealth: On motion of the Plaintiff, by his Council; It is ordered, That the said defendants do appear here on or before the first Monday in March next, and answer the bill of the plaintiff, and that a copy of this order be forthwith inserted in some public news-paper, printed in the city of Richmond, for eight weeks successively, and posted at the front door of the court-house of said county on some court day. A Copy. Teste, ALEXA. GARRETT, D. C. december 13. oaw8w
TWENTY DOLLARS REWARD.—Ran away from the Subscriber, living in Brunswick county, about the 1st of Sept. last, a yellow fellow named JACK, about thirty-five or six years old, five feet nine or ten inches high, stout made, has a bun on his left elbow, which prevents him from straightening his arm, and always carries it crooked; one of his under fore teeth on his left side is out; his address is extremely polite and humble in his manners, and has some pretensions to the Barber's trade. The said fellow ran away and was absent for 7 or 8 years, and was apprehended in Baltimore, at which place and Hagerstown, in Maryland, he commonly frequented, and passed for a free man by the name of Peter Jones, at either of which places, or Norfolk, Virginia, it is expected he is gone. The above reward will be given, if delivered to me in Brunswick county, Va. or secured in any good in the United States, so that I get him, or information of the same. CHAS. CORDLE. dec. 17. oaw2w
THE Subscribers have on hand, at Private Sale:— 10 Hogsheads, and 90 Barrels Load Sugar, 15 Hds. Brown Sugar of superior quality, 15 Tiers prime Green Coffee, 20 Bags of superior white do. 20 Hds. Molasses. 9 Casks old Port Wine, of superior quality in Bottles, 6 Cases Stoughton's Bitters, containing 2 doz. Pint Bottles each, 3 Do. Raspberry Brandy, 3 Do. Metherlen, Choice old Cognac Brandy in Pipes, Holland and Country Gin in Do. Candles and Soap in boxes, Ground Ginger in Kgs., &c. &c. ALSO: 12 Bales Kendal Cotton. With a very general assortment of coarse Woolens, all of which will be sold low for cash, or on short credit, for approved endorsed negotiable notes at the Bank of Virginia. PROSSER & MONCURE. oaw4w
N. B. Cash will be given for two likely young NEGRO MEN, that have been accustomed to plantation business, and an unexceptionable COOK; and for sale, the best male House Servant in Virginia: Also, 35 Virginia Bank Shares, for cash by P. & M. dec. 27.
NOTICE.—On Friday the 26th day of January next, will be sold, to the highest bidder, at the plantation of the late Wm. Friend in Amelia, sundry valuable PROPERTY, to wit: The Stock of Cattle, Hogs, Horses and Sheep, the crop of Corn, Fodder, Shucks, &c. and about 200 bushels of Wheat, plantation Utensils, and about 20 likely young Negroes—Terms of sale—one third cash, and the balance in 12 months. At the same time, will be offered for sale, the above mentioned tract of LAND, upon a credit of one, two and three years. Persons disposed to purchase this Land, had better view the same before the day of sale. In every instance, bond and unquestionable security will be required. All those indebted to the said estate, will please make immediate payment, & those having claims, will present them on or before the day of sale. THOMAS BRANCH, Executor. Chesterfield, dec. 13. oaw6w
PURSUANT to a deed of trust duly recorded in the court of Chesterfield, will be offered for sale, for cash, on Monday, the 23d inst. at Brooks's Tavern, in the town of Manchester, 1 Negro Man named BEN, 1 black GELDING, and one bay STUD COLT, (the property of Stephen Branch,) or so much thereof, as will satisfy Valentine Winfree, the sum of thirty-six pounds, with interest and cost. Wm. FENDLEY, Trustee. January 12. 3w
FOR SALE, a very likely Negro WOMAN, about 25 years of age, a good Sempstress, and used to the House—with her daughter, about 9 or 10, also used to the House—Apply at this office. Dec. 29. ff
THE JAMES RIVER COMPANY, at their Annual General Meeting, have declared a dividend of one and a half per cent, which will be paid on application to ROBERT POLLARD, Treasurer. January 10. 3t
NOTICE.—Cash given for Northern & Southern Bank NOTES at a moderate discount by SIMPSON MORRIS. Richmond Dec. 14.