Virginia Argus (Richmond, Va.), 1809-07-07 00:00:00

VIRGINIA ARGUS.
[XVIII YEAR.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No. 1068.]
RICHMOND—PRINTED (ON TUESDAYS AND FRIDAYS,) BY SAMUEL PLEASANTS, JUNIOR, PRINTER TO THE COMMONWEALTH.
[Four Dollars Per Annum—Paid in Advance.]
FRIDAY, JULY 7, 1809.
[12 1-2 Cents Single.]
In Richmond Hustings Court,
June 12th, 1809.
Elizabeth T. Younghusband and Samuel P. Parsons, administratrix and administrator, with the will annexed of Pleasant Younghusband, deceased—Ralston and Pleasants—Pickett, Pollard and Johnston—Thomas Taylor and James Brown, late merchants and partners under the firm of Taylor and Brown—James Brown, Jun. and William Norvell, surviving partners of the late commercial house of Norvell, Wyatt and Bullock, Plaintiffs,
against Moses Davis, Prosser and Moncure & George Wm Smith, defendants.
THIS cause this day came on to be heard on the Bill, answers, sundry exhibits filed and was argued by counsel, on consideration whereof, the Court being of opinion that the land conveyed by the said Moses Davis and Wife to the defendant George William Smith was intended to secure the payment of the notes in the possession of the plaintiffs, Pickett, Pollard and Johnston, and Ralston and Pleasants, on which suits have not been brought—And also of the judgments obtained on the notes which came to the possession of the other plaintiffs, namely, Taylor and Brown, James Brown, Jun. and the surviving partner of the house of Norvell, Wyatt and Bullock, as well as of those taken up by Pleasant Younghusband, deceased, in his lifetime, do order and decree, that George W Smith, do proceed to make sale of the lot of land in the bill mentioned, to the highest bidder, upon a credit until the repeal or expiration of the act concerning executions and other purposes, passed 31st January 1809, making bond with two good securities for the payment of the purchase money, and return the bonds by him taken to court to all his future order, he giving two weeks notice in some one of the newspapers published in the City of Richmond, of the time and place of sale, and returning a report how he has executed this order. (A copy)
TH: C. HOWARD, Clk. tds.
PURSUANT to the above decree, the land therein mentioned, which is situated in the county of Henrico, contiguous to the city of Richmond, being the same lot or parcel of land which was conveyed by Richard Adams and Elizabeth his wife to Moses Davis, by deed dated the 31st day of March 1807, & bounded as follows, to wit: beginning and running on the road or street leading from the Market House in the said city to Du-Va's village, N 41 2 W. 4 chains and 32 links, to a street forty feet wide dividing said lot and parcel of land and the land formerly William Cannon's, now John Doyle's, & binding on said street N 89 E. 4 chains and 94 links to the street—thence on the back street S. 41 2 W. 4 chains 32 links to a corner street 40 feet wide next towards said city, and binding on said street, S. 89 W. 4 chains 30 links to the said road to the beginning—with the buildings and improvements thereon, consisting of a large framed House—will be Sold before the door of the Eagle's Tavern, on the 17th day of July (next month.) The whole land will be divided into lots according to a plot which will be exhibited on the day of sale, and these lots will be sold separately. The sale will commence at 4 o'clock in the evening.
GEO. W. SMITH
For Sale.
A Young Milch Cow with her first Calf Enquire of the Printer. (if)
JENNINGS'S GAP, June 24th, 1809.
Robert M c Dowell,
RESPECTFULLY informs the public that he has Removed his family from Staunton to the Red-House in Jennings's Gap, on the main Road to the different mineral Springs in Bath, Monroe & Greenbrier, where he keeps a HOUSE of ENTERTAINMENT, at the Sign of the SPREAD EAGLE, twelve miles from Staunton and 23 miles from Harrisonburg. His house is large and airy, well furnished with good beds, liquors of the best, good stabling to hold upwards of thirty horses, with plenty of hay and grain and pas drage. Also some Mineral Springs very convenient to the house, and as he intends paying particular attention to the house himself, he hopes to give general satisfaction to those who favour him with their custom.
2m.
WILL BE LET, TO THE LOWEST BIDDER,
At Amelia Court House, on Thursday the 27th of July next, it being Amelia Court day,
The Building of a Jail
For the county aforesaid. The Jail will be built of Brick and Wood, and a plan may be seen by applying to Wm. T. EGGLESTON, one of the Commissioners. June, 24th 1809. (3wks.)
NOTICE.
ALL those that have claims against the estate of Waddy Turner, dec'd. will please bring them forward, authenticated agreeable to law, for adjustment.
Those who are indebted to the said estate are requested to come forward, as soon as possible, and make payment, as the situation of the estate will not allow of any further indulgence.
A. TURNER, Adm r .
June 8th, 1809. 3w.
20 Dollars Reward,
IS offered for apprehending ANDREW, a negro slave, who about the beginning of this month RUN AWAY from the subscriber residing in the neighborhood of Amelia Court House. Andrew is about thirty years old, an intelligent, active, small man, a good house and stable servant, drives a Carriage well, understands a little of Shoemaking, and readily performs any kind of plantation labor. Some years ago he was in the service of Mr. Turner at the Bell Tavern in Richmond, where I believe he generally acted as hostler, and afterwards till last Christmas was employed by Mr. Henry L. Biscoe of Manchester, in his tobacco stemmery. He has a wife living at the Manchester coal yard, a free mulatto woman named Sukey Hollinger, by whom I have reason to believe he is secreted. I will pay the above reward to any person who will deliver to me the above mentioned slave, or secure him in Jail, so that I get him again.
20th June, 1809. James Henderson.
BY virtue of a deed of trust, from Andrew Lewis, of the county of Montgomery, WILL BE SOLD by the subscribers, to the highest bidder, for ready money, at the Eagle Tavern in the city of Richmond, upon the seventh day of August next, the following
Tracts of Land
With their appurtenances, or so much thereof as may be necessary to pay certain debts in the said deed of trust mentioned, that is to say: one tract situated in the county of Montgomery, containing eight hundred acres, being that tract on which the said Andrew Lewis now lives; one other tract adjoining the last mentioned on the north, containing ten thousand acres; one other tract adjoining the first mentioned, being an inclusive survey, containing seven thousand seven hundred acres; one other tract adjoining the last mentioned at the west end, containing four hundred and fourteen acres; one other tract called the CURRANT BROOK, containing three hundred and sixty six acres; one other tract called SEVEN ACRES on Bottom Creek, adjoining the first mentioned tract of eight hundred acres, and containing one hundred and fifty acres; one other tract also adjoining the first mentioned tract called PROTHROPE'S GARDEN, containing one hundred and twenty eight acres; one other tract adjoining the last mentioned, containing one hundred and thirty acres; one other tract adjoining the inclusive survey of seven thousand seven hundred acres above mentioned, containing eighty acres; one other tract adjoining the same inclusive survey and containing one hundred acres; one other tract lying on both sides of Little River, containing one hundred and fifty acres, on which is situated Hope Well Forge—one other tract adjoining thereto containing one hundred and forty acres—one other tract adjoining the same, called the Saw mill tract, containing four hundred and thirty eight acres—and one other tract adjoining the last mentioned tract, containing one hundred acres—which said several tracts of land are situated in the county of Montgomery.
EDWARD JOHNSTON, } Trustees JOHN PROSSER, } Richmond, June 27th, 1809. eptds
BY virtue of a deed of trust executed by ROBERT M c TYRE, on the 13th day of October 1807, for the purpose of securing to John Baker, executor of Solomon Gordon, dec'd, the punctual payment of a debt particularly described in the said deed of trust, WILL BE SOLD, on the premises, to the highest bidder, on Saturday the 15th July (next month.)
The Tenement
In the town of Manchester, at present in the occupancy of Mr. Nathaniel Childers, formerly known by the name of LEATALE'S OLD TAVERN, and designated in the plan of the said town by No. eighty eight, containing one hundred feet in front, and one hundred and sixty six feet back, with convenient buildings thereon for the accommodation of a family of a family or a house of public entertainment. The above described tenement has been advertised and sold on the 23rd instant under the aforesaid deed, but the purchaser not having complied with the terms of the sale, it will positively be sold on the day above mentioned, under the provisions of the act of the last Assembly of Virginia, entitled, "an act concerning executions and for other purposes."
THE TRUSTEES. Manchester 28th June, 1809. tdr.
Wants Employment,
In a retail dry-goods store, or Counting House.
A Young MAN from the country, who will produce satisfactory recommendations. He has some knowledge of business, having been engaged in a retail store about twelve months. Naturally possessing a sprightly intelligent mind, added to the benefits which consequently result from a good education, there exists no doubt but he is now susceptible of the most rapid improvement. He will make an engagement for 2 or 3 years for a small consideration, provided he can obtain an eligible situation. A line addressed to B. P. H. and left at this office, will meet with prompt attention.
N. B. He understands Book-Keeping June 30. (w2)
NOTICE.
THE Cells appropriated for Male Patients in the Lunatic Hospital in the city of Williamsburg being now filled, none others can be received until further notice.
There is room for Females. By order of the Court of Directors. WILL. RUSSELL, c. c. June 24th, 1809. (1m)
For sale at this office, COPIES OF BISHOP MADISON'S MAP OF VIRGINIA.
VIRGINIA:
At a Superior Court of Chancery held at the Capitol in the city of Richmond, the day of June, 1809.
Nathaniel White, William Smith & Elizabeth his wife, formerly Elizabeth White, Josiah Franklin, and Lucy his wife, formerly Lucy White, which Nathaniel, Elizabeth and Lucy are children & part of the devisees of David White, deceased.
against Robert White, one of the sons and devisees, of David White, dec'd. Nathaniel Talley and Sarah his wife, a daughter and devisee of the said David White, William New and Mary his wife, also a daughter & devisee of David White deceased, David White, son & heir of John White, deceased, who was son & devisee of David White deceased, Ludwell Epperson and Fanny his wife, formerly Fanny White, William White, David White, John White & James White, which said Fanny, William, David, John & James are children of James White deceased, son & devisee of David White dec'd. the said David, John & James being infants under age of twenty one years, by Isham Goddin now assigned their Guardian. Defendants.
A Copy, Teste. P. Finsley, c. c.
William Crawford,
HAS just received by the late arrivals from New York, a general assortment of GOODS, selected by himself and laid in upon the best terms—among which are the following articles, which will be sold on the most moderate terms, for Cash or Country Produce, at his store four doors below the Eagle Tavern, and adjoining Dr Crawford's Medicine store:
  Willow Brooms and  and Wabbones    He Laced and Tambord     Short and long yellow  Cambick Muslins    Nankenees first chop  Floss & Vain stripe do.    Blue and White Nan.  do.    Keens  Laced Robe Dresses    Canton Shawls & Ban-  Men's and Women's    dano hdkfs.  Silk Gloves    Lungy, Sistersby and  Silk hdkfs. and Shawls    Dora hdkfs.  Coat and Vest Glass    Gills and mock Madras  Buttons    do  Scarlet, Green, Black &    Guahs, Sanaas, Cos-  Brown Persians    sas & Baftas  Plain Saracens    98 Cambick Muslin  Black & col'd. Lustings    6-4 Cambick Muslin  do. do. Synchews    Suetings, Platillas &  Silk Waistcoating diff ts .    Shirtings  colours    Black Cambricks and  Cotton Cassimeres and    Gingham  English patent Nau-    Corded Gingham  keens    Chintzes & Calicoes  Linen & Cotton Checks    Furniture Prints  Cotton Brown Holland    Cel'd Gingham & Tab.  Velvet Binding    by Velvets  Cotton & China Shawls    Blue and Scarlet Rati-  Pullicat & Romal hdkfs.    ne  Silk and Cotton Umbrel-    Black Grass green,  las    Boile do. and Scar-  Silk and Cotton sus-    let S. fine Bombazets  penders    HARDWARE, CUTLERY, JAPAN'D     WARE & SADDLERY.     Hand, Cut, Pit and  Chamber & stock do    Mill Saw Files  Cupboard, Chest,    1-2 round and flat  Prospect book case    Smiths' Files  and Desk Locks    Smiths' & shoe Rasp  Wood Screws and    Shoe Hammers, Pin-  screw Drivers    cers, Knives, Rasps  Fee compasses, Iron    Tacks & Awl Blades  Back    Butchers' Knives and  Hand, cast steel saws    Steels  Copers' and Carpen-    Table and Desert  ters' Adzes    Knives and Forks  Drawing and Cutting    Carvers' and Table  Knives    Seels  Smiths' Anvils & Vi-    Barlow, Pocket and  ces    Pen Knives  Hair Brooms, Clamp    Sportsman and Pru-  Brushes, White    ners' Knives  Wash, counter and    Taylors' and Sheep  Shoe do.    Shears  Japanned Waiters as-    Large and small scis-  sorted, elegant pat-    sors  terns    Razors & do. cases  Mixt & Gilt Pins    Shaving Boxes with  W C. Needles of the    Brushes  most approved    Pewter and Tutania  stamp    Table and Tea  Spades, Shovels and    Spoons  Frying Pans    H. L. and Butt Hin-  Steel in Faggots    ges  Cork Screws & Steel    Cork Screws & Steel  Snuffers    Snuffers  Common Basket,    Common Port pad &  Worstead & stram-    Double Bolted Pad  ing Webb.    Locks, chest door   
BANK OF VIRGINIA, JULY 3, 1809.
The President & Directors have this day declared a dividend of three per cent. which will be paid after the 15th inst. on application at the Bank in person, or by attorney. (3t)
John Brockenbrough, C ash r .
A FEW COPIES OF
Burk's History of Virginia
IN THREE VOLUMES
Are for sale at this office.
[By Authority.]
AN ACT
To suspend for a limited time the recruiting service.
BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That so much of the act, entitled "An act to raise for a limited time an additional military force," as authorises the enlisting of of men for the term of five years, unless sooner discharged, be and the same is hereby suspended until twenty days after the next meeting of Congress.
J. B. VARNUM,
Speaker of the House of Representatives.
ANDREW GREGG,
President of the Senate, pro tempore.
Approved,
JAMES MADISON.
AN ACT
Supplementary to the act, entitled "An act making further provision for the support of public credit, and for the redemption of the public debt."
BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the powers vested in the Commissioners of the Sinking Fund, by the tenth section of the act to which this act is a supplement, shall extend to all the cases of reimbursement of any instalments or parts of the capital, or principal, of the public debt now existing, which may become payable according to law. And in every case in which a loan may be made accordingly, it shall be lawful for such loan to be made of the bank of the United States, any thing in any act of Congress to the contrary notwithstanding.
J. B. VARNUM,
Speaker of the House of Representatives.
ANDREW GREGG,
President of the Senate, pro tempore.
Approved,
JAMES MADISON.
AN ACT
Authorising the discharge of Joseph Wilkinson, jun. from his imprisonment.
BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That Joseph Wilkinson, jun. late Collector of the port of Detroit, in the Michigan territory, be discharged from his imprisonment, upon a judgment obtained against him in favor of the United States: Provided however, That he shall first assign and convey all the estate, real and personal, which he may now own, or be entitled to, to some person or persons for the use and benefit of the United States, under the direction of the Secretary of the Treasury: And provided also, That the said judgment shall remain in full force against any estate which the said Joseph Wilkinson junior, may hereafter acquire, and that process may, at any time, be thereupon issued against the same.
J. B. VARNUM,
Speaker of the House of Representatives.
ANDREW GREGG,
President of the Senate, pro tempore.
Approved,
JAMES MADISON.
AN ACT.
Making an appropriation to finish and furnish the Senate Chamber, and for other purposes.
BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That to defray the expenses of finishing & furnishing the permanent Senate Chamber, its Committee rooms, lobbies and other apartments, the sum of fifteen thousand dollars is appropriated, to be paid out of any monies in the Treasury not otherwise appropriated.
Sec. 2. And be it further enacted, That to defray the expenses incurred in fitting up the temporary Senate Chamber, and repairing and providing articles of furniture, the further sum of sixteen hundred dollars be appropriated, the same to be paid out of
any monies in the Treasury not otherwise appropriated.
J. B. VARNUM,
Speaker of the House of Representatives.
ANDREW GREGG,
President of the Senate, pro tempore.
Approved,
JAMES MADISON.
AN ACT
For the remission of certain penalties and forfeitures, and for other purposes.
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 he is hereby authorised to remit any penalty or forfeiture which may have been incurred in consequence of the violation of any of the provisions of the act, entitled "An act to prohibit the importation of slaves into any port or place within the jurisdiction of the United States, from and after the first day of January, in the year of our Lord, one thousand eight hundred and eight," by any person who may have been concerned in bringing into any port or place within the jurisdiction of the United States, any slave or slaves, owned by any person or persons, who shall have been forcibly expelled from the island of Cuba, by order of the government thereof: and the President of the United States is hereby further authorised to release all vessels and other effects, which may have been or may hereafter be seized therefor: Provided, That he shall be first satisfied in every case, that the person thus concerned in bringing in such slave or slaves as aforesaid was impelled thereto, by circumstances which, in the judgment of the President of the United States, would justify the act; and without any intention on the part of such person voluntarily to evade any of the provisions of the act aforesaid: And provided also, That such slave or slaves shall have been brought into the United States in the same vessel and at the same time as their owner or owners respectively.
Sec. 2. And be it further enacted, That the President of the United States be, and he is hereby authorised to make any arrangement with the Minister Plenipotentiary of France, which he may deem necessary & proper, for transporting such of the unfortunate exiles from the said island of Cuba, with their effects, as shall desire to depart from the United States to any port or place within the territories of France, her colonies or dependencies, any law to the contrary notwithstanding: Provided, That the vessels transporting the same shall depart only in ballast, and without taking on board any other cargo than such sea stores as may be deemed necessary for the voyage in every case. And to enable the President to carry into effect any such arrangement, as well as for supplying, temporarily, such of the unfortunate exiles with the necessaries of subsistence, as may be in actual want thereof, there be appropriated the sum of fifteen thousand dollars, or so much thereof as may be necessary for these objects, to be paid out of any money in the Treasury, not otherwise appropriated: Provided however, that all monies which may be drawn out of the Treasury, in virtue of the act, shall be charged to the French government, under such stipulations for reimbursing the same, on the part of the Minister Plenipotentiary of France, as, in the judgment of the President, may be deemed proper for that object.
Sec. 3. And be it further enacted, That all claim and demand of the United States to any monies arising from the sale of the ship Clara, sold in pursuance of a decree of the district court for Orleans district, held in March, one thousand eight hundred and nine, be, and the same is hereby relinquished and remitted to Andrew Foster and Jacob P. Girard, late owners of the said ship Clara, any thing in any former law to the contrary notwithstanding.
J. B. VARNUM,
Speaker of the House of Representatives.
ANDREW GREGG,
President of the Senate, pro tempore.
Approved,
JAMES MADISON.

(Continued.)
A people in establishing regular government after a successful resistance to oppression, do not always lay aside a predilection for the institutions of their former government: and perhaps of all our predilections in this country in favor of every thing which is English, there is none more mistaken than that admiration which we lavish on that part of the English constitution, called the freedom of the press.
Under Charles I. the press was controlled by the star-chamber: it fixed the number of presses and printers, and licensed publications, and decided without a jury. Yet upon this tyranny, Coke pronounced the following eulogy: "that the right institution and orders of it [star-chamber] being observed, doth keep England quiet."
From this history of the English press, we learn that its freedom simply consists in this: that you are not restricted, until by publication you shall have committed a legal crime. In England they will allow you to publish and then punish you for what they call a libel; in other countries they take previous care that you publish nothing that is injurious to the government; just as in some countries you may travel without a passport; whilst in others it is not allowed to do so; and in both you are sure to be punished if you contravene the existing laws of the country.
However, if publication by the press was alone what constituted a libel; as few have inclination to write, and fewer still are qualified; this restriction would have only a partial influence upon a particular description of persons. But like the description of Fame in the Poet, it rises lowly from the ground and buries its head in the Heavens. It is allowed in prosecutions for libel, that the delivery of a single paper from one person to another, whether in print or in manuscript, is an act of publication; thus the carrying a letter from one friend to another, knowing its contents, the treachery of a false friend, or the sale or purchase of a paper at a book-store, may involve a man in a criminal prosecution, plunge him into a dungeon, and ruin his family.
It will not be sufficient to offer to prove the truth of what you have written—it is an axiom of English law, that it is not allowed to give truth in evidence; nor to say that they are public men, and have abused their powers, and are answerable to the people; there is a statute called Scandalum Magnatum, and you must not bring the government into contempt, you must not raise jealousies in the minds of the people against the parliament or courts of justice, nor against the church, nor alienate the affections of his Majesty's subjects from his Majesty's government.
* Vid De'olme, B. 2. cap. 12. "At the time the libel bill was going thro' the house in England from which the present bill is copied, various questions were put to the judges in England, whether on a trial or on information for a libel, the truth or falsehood was material. The judges were of opinion that it was not." Vid Mr. Justice Downes' charge, Firnery's Trial.
The counsel for the traverser offered to prove that The Press was the only paper printed in the city of Dublin not in the pay of the government, but were prevented by the courts.
crimes—But the people guess whom you mean by these crimes, and you throw out innuendoes; and an attorney general will file an accusation ex officio; there will be no grand jury to find a bill; the judge has his instructions how to explain the matter to the jury and they of course will understand the paper better than you who wrote it. You must also beware how you introduce notes of admiration, abbreviate your words, or use initials: for many a poor fellow who wrote the truth and could prove it; have a few strokes of admiration, or a dash of his pen, or one or two initial letters, made use of to stand for one or two words, perhaps in a hurry or in a careless moment, stuck up in the pillory.
When a person born in this country and a stranger to tyranny, reflects on the facts which are here stated, he will stand amazed at the forbearance of the people and at the infatuation of such in this country as look upon the English government as the most "stupendous monument of the human understanding;" will he not rather exclaim; that it is the most stupendous monument of vice and folly!
In republican governments, until their degenerating into aristocracies or oligarchies, freedom of speech and of writing is a consequence of their popular origin. To this the laws can affix no restriction, because to abridge this freedom would be to change the constitution. Speakers can only be restrained by prosecution for defamation or by the fear of personal resentment. This liberty of speech and opinion in one case, is still permitted in governments the most absolute. It is indulged to ambassadors and to heralds in the presence of despotic princes. Were it otherwise there would be an end to all intercourse between nations; and perpetual exclusion or perpetual war must be the consequence.
Under the Goths, from whom the English have borrowed the model of representative government, and the form of their legislative sessions; the civil government of military adventurers partook of the character of the military profession. The military officers from the first chief, whether called king or duke, down to the simple esquire or candidate for knighthood, in their national assemblies, had a right to the freedom of debate and of opinion. Thus far the government was republican, but as their vassals or followers were in slavery; they only as a superior order could be said to deliberate concerning their exclusive interest. Hence the feudal governments at their first formation were of an aristocratic form.
The introduction of manufactures and of commerce, whilst they stimulated the appetites of the feudal baron for luxuries and enabled the vassal to ensure his freedom by ministering to their gratification; introduced a third order of men called commons, but freemen. The increasing consequence of the commons on account of their increasing wealth; the policy of kings in supporting the commons in order to break the power of the nobles; gave the commons a seat in the legislative assemblies of the nation. But the multitude of their numbers and expense proving an obstacle to their deliberations and attendance, they deputed others to deliberate for them. Thus a military system, operating in war, was the origin of representative government.
Under this system of legislation, it is plain, that the people have not surrendered up to their representatives a greater portion of their rights than what is necessary for the faithful performance of their respective appointments. Were it otherwise, the people debauched the right of discussing their conduct, or their principles, would have appointed for themselves masters and not administrators of their pleasure. Whether this right be exercised by word of mouth or in the more lasting form of writing and of publication, is in itself immaterial; this cannot change its nature.
But as nothing in life is perfect, and its goods and advantages are all mixed with physical evil or imperfection; so has the freedom of discussion and of publication also its attendant imperfections. The publications of the press are often resorted to, as vehicles of defamation and of slander; to embitter the repose of an opponent because he may happen to differ in some religious or political principle; to stab his character by the propagation of falsehoods and fictitious rumours, till in this manner becoming the object of public odium or of public scorn; society believes him either guilty or contemptible. The murderer takes a way life indeed; but makes no attempt on the most estimable of possessions—character: the slanderer, after he has robbed his victim of his name, leaves him nothing but the form of man of all the noble prerogatives of his nature.
There is a description of persons who though they have not the claims of injured innocence upon our justice, notwithstanding have some on our compassion and humanity. All punishments except such as are of capital nature presuppose the possibility of moral amendment. The convicted has been suffered to live and return to society on the supposition that he has been made to feel, that moral evil even in this life, is attended with so great a degree of physical evil, as more than counterbalance the pleasure arising from its commission. Hence the different degrees of the amenable punishment, proportioned to the different degrees of the pernicious influence of crimes on the welfare of society, all presuppose the inherent capacity in man of ameliorating his conduct and of returning to virtue. It is therefore wantonly cruel, to drag forth as a victim for persecution a man, who during the season of youth and during its thoughtless gambols; or in a momentary interval of passion, when reason was overthrown and recollection put to flight; had the misfortune to have violated some one of the laws of his country. To such a man, a share of our pity is even due, whilst he remains in the shades of private life, and continues to discharge the duties of his station.
Not by any means that I would be understood to express a wish to screen the man, who by false pretences, acquires credit for talents he does not possess, or for acquirements to which he has no claim. The man who drags him to the light does a service to his country: he thus warns the ignorant and unwary to be guarded against his artifices; but this has no relation to the two cases that have preceded it. In the first we were pleading the cause of injured innocence: in the other, by inculcating compassion, we would drop balm into the wounds of suffering humanity, and express our pity for the imperfections of our common nature. But the last is a fiend who preys upon the unguarded credulity of a generous people, and by assuming the mask of virtue, would render their benevolence an instrument for the completion of his purposes and of their deception.
For the punishment of the first, no penalty can be imagined too severe; provided it violate not that proportion that should exist between crimes in the constituted order of society: for the other, though truth be allowed as evidence in mitigation of damages; yet when it is wantonly committed, it betrays a ruthless depravity of heart that deserves little mercy: for the last, so far from punishment, he deserves the thanks of society, because he has preserved them from an evil which integrity can seldom guard against, for in the ingenuous confidence of the heart, it is little prone to suspicion. By the punishment of the first, society does but guarantee the character of its members; and prevents those consequences that would follow from the resentment of the injured: by the punishment of the second, she inculcates lessons of humanity, and holds out encouragement to persons to retrieve a life of error by a subsequent virtuous conduct: the last, though he suffer has no claim upon the laws unless it be for punishment; his misfortunes have been the consequence of his own conduct; the man who has dragged him forth to public view and bared the machinations of his breast, has but performed a social duty.
For these evils most governments have provided, though all have not established punishments proportioned to the atrocity of the crimes, nor by any correct standard of guilt. In England, an injury done to the character of the rich is appreciated by the scale of wealth and station: whereas such persons being further removed by wealth & rank from general intercourse, their wealth supplies them with not only all the necessities, but also with many of the luxuries of life; and the partial society which they form with men of equal wealth and rank, render them often regardless of public censure, and at all times independent of its physical consequences.
It is with that class of men to which nations owe their celebrity called men of liberal professions, whose support entirely depends upon the acquirements of the mind, derived from a superiority of intellectual powers, combined with long & painful reflection, that character is truly estimable. Dependent on this as the only means of procuring subsistence; to them a doubt of its existence, combined with an insinuation of moral depravity, must ever prove fatal. In regard to such it may be emphatically said that character is life; because to such it is an essential prerequisite to procure the means of existence.
Hence a scale may be formed for the punishment of personal libel from the principles we have here disclosed. In those professions, which depend upon the exertions of the mental powers, and in such as depend upon accidental resources called capital, together with such as participate of the nature of both; punishment is to be increased or diminished in proportion as the calling or profession is more or less dependent for its success on general opinion, whether called credit or reputation.
For such it would be needless for any law to affix any determinate penalty: a jury are personally interested in punishing any violation of character; each personally feels interested in avenging the injured person, when he reflects that it is to the preservation of his own that he owes his present influence, and that by suffering the accused in the present instance to escape, he is only witting a weapon which may be afterwards employed against his own person.
Those who assert that all truths should be spoken promiscuously, and that to this mankind would owe the amelioration of their nature, have forgotten the frailty of human nature; the uncontrollable dominion the passions acquire from repetition of action & frequent indulgence; that human laws suppose the possible amendment of the transgressor; that the dread of public reproach & the desire of public approbation has with many the effects of confirmed virtue; and that from the introduction of licensed criminality; a hardness of front & an absence of feeling would shortly follow, which would banish shame, the great outwork of moral virtue.
But the cause is widely different with regard to those who are placed in public stations. They are chosen by the people on account of their real or supposed qualification for public office. And these consist in their national capacity and integrity: by the first, they are qualified to discharge the duties of their respective employments; and by the other, we have a pledge that they will neither neglect or transgress them.
The qualifications of understanding and integrity are mere matters of fact, and therefore dependent on the knowledge of individuals. The sphere of few men in private life is so extended that they can be personally known to all those who may any ways be affected by their subsequent appointment. This knowledge the people must owe to the writings and information of others; the right therefore of discussing the moral and natural capacities of those that are candidates for public offices, is a right flowing from and consequent to representative government. Of those who fill the offices of the state we have spoken already: they are nothing but the servants of the state; and as such are accountable for the faithful discharge of their duty. It is in vain for public men
and governments to complain of publications as false, malicious, scandalous; as tending to bring the actions of the governors and government into contempt; to stir up sedition & excite commotions; and therefore fortify themselves and their abuses by criminal prosecutions. We know the natural jealousy a people have of those in power; and we also know the natural avarice of dominion of those who enjoy it: and that whilst there exist such passions in the human breast, party-writers will not want matter to act on. But a threat or exhortation to murder is not itself the crime of murder, neither is an exhortation to sedition itself a crime of sedition; something is necessary besides counsel and intention, an overt act is necessary: in the one case as well as the other he who threatens or he who advises resistance to the laws, should be bound to keep the peace. Any thing more than this, is unnecessary rigour and consequently a violation of his rights.
But if the oppression complained of be of a confirmed nature, the mode of counteracting the influence of such writings is to redress the grievances complained of. Statesmen should remember, that rigour is a bad argument to the understanding of plain people, and that there is a period to civil oppression, beyond which resistance is ruin.
It is true that in every case falsehood, calumny and malice are detrimental to a country, as they tend to destroy individual and national credit, upon which existence itself may very often be dependent: but prosecutions in the case of public men should originate in the slanderous and malicious falsification of matters of fact solely; and not from any deduction or argument drawn from facts of known and acknowledged existence.
But when a writer is prevented by the judicial sophistry of misapplying the causes of men in private life to the circumstances of persons in public station; and when by the consequent denial of the right of adducing matters of fact in evidence in support of the deductions he has already published; a country will notwithstanding be deprived of the freedom of the press; she exhibits to us nothing but a superior deceit in blinding the eyes of those she governs, by holding out the shadow, not the substance of freedom of publication. Where a publication without a printer's name, as in England, is criminal, where for a deduction from known facts, an author may be arrested by a secretary's warrant, lodged in a dungeon, deprived of the inquest of a grand jury, where the crown prosecutes and the judge and sheriff have been appointed by it, and where the latter is seldom so unmindful of his interest as to find an uncomplying jury, who will have the hardihood to assert that there exists the freedom of the press!
Did the laws make the innocence or criminality of a publication depend on the truth or falsehood of the facts upon which it is bottomed, a writer who would speak truth would have no room for apprehension. For his intentions he ought to be answerable only to God: and the certainty of refutation should shield his deductions be either silly or fallacious, would expose the soundness of his understanding or the depravity of his heart. In such circumstances, by false and disingenuous reasoning, he would only expose himself to the scorn and detestation of the people, and in a free country where the people are everything and their deceivers and calumniators are nothing, he would be sufficiently influenced by his interest to speak the truth. Neither should public men complain of the severity of these conditions. This is a tax they pay for the honors of their station. The character of a statesman, like the character of a soldier, should abhor deceit and court investigation: like the truth it should be represented naked. No man therefore whose life has been stained with dishonor, should dare to come forward as a candidate for popular favour; let him remain in the shades of retirement, where the world will forget the faults with the his name—and give way to another and better man.
(To be Continued.)
FOR THE ARGUS. ESSAY ON THE UNION OF PARTIES.
The air of moderation which accompanies the professions of the federal writers at this moment, and the apparently strong desire which they express for what they are pleased to term an Union of Parties, naturally leads to an enquiry respecting the sincerity of those declarations, and to an investigation into the practicability of such an union. If truth be sought with becoming temper and suitable decorum, the examination cannot be offensive to the most fastidious politician.
Men who invite the community to harmony and at the same time denounce a portion of that community as creatures too despicable to be countenanced, do certainly give great cause to suspect their honesty of intention. When Mr. Erskine proposed terms of accommodation with the U. States, and those terms were promptly accepted by the President through Secretary Smith, the whole argument of the federal party abated; the antagonists of the administration were knocked down, as it were, by the club of Hercules. It was in this prostrate condition that they proposed an union. An union of what? An union of Republicans, with Federalists. To make this union perfect, it was necessary that all of one party should combine with all of the other party; any other species of admixture would be a selection and not an union. By their proposed terms of union, the federalists wished to exclude all those whom they chose to denominate jacobins, together with Mr. Adams and his friends; thus commencing their proffered harmonious coalition with a bitter and rancorous proscription. It is submitted to candid, sensible men, whether such articles of compact do not preclude the
possibility of union? But there is another point upon which the federalists have insisted, that affords complete proof of their insincerity, because they knew it could not be acceded to: They demanded that the Republicans should give up Mr. Jefferson. As the republican party brought Mr. Jefferson forward for the presidency and supported him in that office from principe , it would be a radical departure from their real sentiments, should they abandon him. It would shew that the Republicans are the mere creatures of expediency, and that all their former professions of attachment to the late president were hypocritical. Could the friends of the administration have consented to a proposition so degrading to them the federalists would be justified in casting them off for public contempt, in the same manner that a female is cast off who suffers seduction by the arts of a profligate libertine, and meets with but little compassion from society, on account of the baseness of her prostitution. Of all things it was, doubtless, desirable to the federalists that the republicans should concur in the proscription of a multitude of their friends, and more particularly in the denunciation of Mr. Jefferson; for that would be an admission in the face of the world, that federal doctrines have been correct, from beginning to end; but such an admission would not only be a satire upon our national history for a period of eight years, but it would be positively false; for nothing is more certain, than that the Republicans view the whole series of conduct of the federal party as profligate, licentious, and tending to insurrection and disunion. And what would the federalists think of men who could consent to unite upon a basis which rendered them completely infamous?
Thus, then, by the very terms of the proposition for an Union of Parties, it was impossible for the Republicans to unite. Their acquiescence in such a proposal would have been to them perpetual disgrace and a servile submission of the majority to the minority.
But is such an union practicable ? This question embraces a curious speculation, at once interesting and useful. An union of Parties implies an identity of opinions; and I am not afraid of respectable contradiction when I say, that the history of the human race and the uniform experience of mankind prove that an identity of opinions is impossible. It is not in the nature of things, and it could never have been intended by the Creator of the Universe. Let us suppose for a moment, no matter how absurd, that all men coincided in opinion; where, in that case, would be our improvements in science and in the arts? The conflict of opinions, like the collision of steel and flint, strike out those bright conceptions which alone can illumine the path of knowledge and enable us to pursue its advancement. Uniformity of opinion is the death of reflection, even of common thoughts, and would produce intellectual corruption, reducing human nature to a bestial condition. But it is impossible . Men will never think alike. We are all influenced by the impressions made upon our senses, and those senses being differently organized in different individuals, their ideas and consequently their thoughts will be different. The same sound strikes not every man's ear alike; the same object does not present itself in the same form to every eye; even the same words pronounced in the same tone create varied sensations upon different hearers, and when the enunciation is altered, produces different effects upon the same hearer. It is this variety occasioned in the individuals of the human race, and the discordancy of ideas caused by the finer or coarser organization of the medium of reflection which constitutes the life of mental world; which keep it in motion; which preserve it; and which, properly regulated, is the only true source of mortal felicity. Indeed, a world without difference of opinion would be as insipid as a world without the distinctions of virtue and vice; an universal plain without a single mountain to relieve the eye; a country without trees, rivulets, or rivers; or in short, a creation of men without women to alleviate the solitariness of their lives.
Were one inclined to ridicule the idea of an uniformity of opinion, it might be asked what, in such a state of the human mind, would become of our Divines, of our Lawyers, of our Demagogues? Their craft would surely be destroyed; for, if there were no differences of opinion, there would be no controversies. A result which the federalists could have hardly contemplated, or they would certainly never have made the proposition!
The proposal for an Union of Parties, therefore, has been not only insincere , but it is impossible . After these considerations and these deductions, it would be useless to discuss the point further. The rule of conduct, which may be derived from the brief investigation of the case, is this: The republicans ought to adhere to their doctrines, and to support the administration whilst it maintains those doctrines; suffering the federal party to pursue what course it will.
Animated by the genuine spirit of '76, a large portion of the citizens of Goochland assembled at the Court House, on the 4th of July; when Mr. James Pleasants read the declaration of Independence, and Mr. James W. Bates having been previously appointed by the committee of arrangement, delivered an elegant and impressive oration, commemorative of those events which gave birth to American liberty.
An elegant barbecue was prepared by Mr. B. Anderson, of which, after the company had partaken, a committee appointed for the purpose, consisting of Col. John Curd, Capt. William Bolling, Dr. James Carter, Messrs. James Pleasants, I. B. Ferguson, Mayo C. Watkins, and Dr. I. Curd, produced the following toasts. Dr. James Carter, having been appointed President, and J. B. Ferguson, Vice-President.
1st. July 4th 1776; the day which has shaken the thrones of tyranny & established the liberty of America; may its annual return be hailed by every republican with joy and gladness.
2nd. The heroes of the revolution—may the recollection of their achievements animate every friend of liberty, whilst it proves fatal to the repose of tyrants.
3rd. George Washington; the principal agent in effecting the liberty of his country

—may we be grateful for his services and revere him for his patriotism and his virtue.
4th. James Madison, the illustrious successor of immortal Jefferson; the purity of his heart will be tested by an unexceptionable administration, and the plaudits of future ages will do justice to his merit.
5th. Thomas Jefferson—As long as talents, virtue and patriotism have a claim on the affections, he will stand highest in the hearts of his countrymen.
6th. Benjamin Franklin—The man on whose memory every American delights to dwell; may we do homage to his greatness by emulating his virtues.
7th. The Congress of the United States—May the acts of the general government never derive their tone from the clamors of faction.
8th. The present administration; pursuing the policy of the last, may its acts remove the unfounded suspicion of our northern brethren, and teach them that the eye of the general government looks only to the general good.
9th. The Militia of the United States—They will whenever occasion requires, devote their lives to the cause of their country and repeat to the hirelings of tyranny a lesson which they have already taught them.
10th. Perdition to the plans of those who meditate a dissolution of the union.
11th. John Randolph, an apostate from republican principles; he has forgotten his constituents; may his constituents (but not his God) forget him.
12th. Embargoes; may they always prove to republican governments an effectual substitute for expensive navies.
13th. Great Britain—we are her rival in greatness, may we never contend with her for pre-eminence in corruption.
14th. The late accommodation of differences between England and the U. States; if punctiliously complied with by the former, may the latter never violate her plighted promises.
15th. The late orders in council; if intended to operate on American commerce, may they be met by an embargo, and that embargo be enforced at every hazard.
16th. Domestic manufactures—they are productive of independence and happiness; let not the specious propositions of a faithless nation, hush for a moment the sound of the spinning wheel.
17th. Nature's proudest boast, the fair; may they prefer the simple attire wrought by their own hands to all the finery which foreign workshops afford.
The 4th of July, the birthday of American Independence, was celebrated in this city with more than the usual festivity.
The feasts drank at the different public places are unavoidably postponed till our next.
Extract of a letter from Washington City, dated July 3d, 1809, to the Editor of the Argus.
"The Republicans, for the first time since the removal of the government to this place, will celebrate the 4th of July at Washington in their own way. Tomorrow Joel Bellow will deliver a patriotic oration in the Protestant Church in F street, at which a vast concourse of people are expected to attend. From thence the president will be waited on, as is customary on the Anniversary of Independence; and afterwards a splendid democratic dinner will be served up, at which the heads of departments will attend."
Foreign.
GERMANY.
Further translations from Dutch papers.
VIENNA, April 12.
It is expected that the Emperor will return here about the 20th of this month, from the army. The Prince of Schwarzenberg, will leave his post as Minister at the court of St. Petersburg, and take a command in the army.—One of our Ministers at another court, is to be appointed in his place.
The English charge de Affairs Stewart, will await here the arrival of an Ambassador from his country.
The advanced corps of the Austrian army, with which there are some battalions of the militia, called free corps, are now commanded by the renowned Prince John of Lichtenstein, one of the richest noblemen at our Court.
In Bohemia they are raising a free corps, amounting to about 10,000.
NUREMBERG, April 21.
Yesterday a detachment of Austrian light troops, commanded by Major Meger, entered this town, and were followed by regiments of the same nation. These troops are a part of the light Bohemian corps.
AUGSBURG, April 21.
The day before yesterday, a number of troops marched through here.—The post from Munich, has not arrived since the Austrians took possession of that city.—A strong canonade was heard in the direction of Freysingen.—The seat of war is drawing towards the borders of Donau. As yet we have no official account of the different skirmishes. In a short time a decisive battle must take place.
The Prince of Lichtenstein, who is stated to have been killed in Bavaria, at the late battle of Rohrbach, had just published, (prior to entering on the fatal campaign) by permission of the government, a new and comprehensive edition of the statistical tables of the Austrian empire. According to these tables the population amounts to 23,965,000 persons; the regular army comprises 390,000 men, of whom 271,800 are infantry, 50,800 cavalry, 14,840 artillery; the rest consist of guards, invalid corps, &c. There is besides an army of reserve, of 49,530 men, independent of the Hungarian conscription. The empire comprises 11,528 square miles, 790 towns, 2046 fairs, 65,460 villages and hamlets, and 3,573,610 dwelling houses. The revenue is now 146,000,000 florins, 28 of which are for the support of the Court, and 18 millions for that of the army. Vienna contains 6935 houses, and a population, exclusive of stragglers, of 222,303 persons.
A story is at present in circulation which contributes greatly to amuse the Ladies and gentlemen of the haut ton. After the late investigation in the House of Commons a certain Illustrious Personage was having a conversation with the Lady under his protection, on the subject of withdrawing the bond by which she holds her annuity, and of allowing her the sum in another way: whereupon the Lady tore off the bottom of a play-bill which happened to lie on her table and presented it to her cher ami , who on perusing the scrap, found it to contain the following iconic sentence—No money to be returned after the curtain is drawn up." [London paper.]
Recent accounts state the circumstances of a revolution in Botany Bay, which happened early in January. The inhabitants had dispossessed governor Bligh of his authority, and appointed Mr. Johnson acting governor. Natchez Chronicle.
JUNOT, DUKE OF ABRANTES. We have already mentioned the report, that this man, who made so considerable an appearance in the campaign of Portugal, was born in Ireland. A correspondent wishes us to give insertion to the following account on the subject.—
Junot is the son of a school-master, near Athy, in the county of Kildare, of the name of Julian; and he now has a brother, a sergeant in the Waterford militia, and an uncommonly good-looking, powerful, and well conducted man. He has a sister, too, who some years since received a letter from him, intimating that a fortunate occurrence in the field had introduced him to the favor of Bonaparte.
Junot is an excellent scholar, and for some years was an usher in the school of Mr. Bunn near Athy, where he was much liked, though rather too fond of fighting. He attended all the boxing-matches in the country; and although he never entered the lists for money, would "for love" break the bones of any person who, from the same motive, chose to contend with him. [London paper.]
"Regular convoys are established by the admiralty to and from North America, to sail from England 20th March, April 10, May 10, June 10, July 10, August 5; and from Halifax and Quebec, 15th of each month to Oct. Also from Halifax to the West Indies, windward and leeward monthly, and back again." ib.
SPANISH AND PORTUGUESE AFFAIRS.
BOSTON, June 23.
LATEST FROM LISBON.
By the arrival yesterday of the brig Fa-vonte, 37 days from Lisbon, we have been favored with papers of that city to the 16th May. They speak favorably of the state of the combined English and Portuguese troops—that they had been so greatly increased and disciplined as to afford the strongest assurance of safety to the inhabitants;—that business had revived; and the public houses again opened for the amusement and accommodation of the people;—that the Theatre was opened on the 15th May, for the first time since the departure of the Prince Regent. Of the military operations of the armies, and other information, the following sketch from the latest date, will furnish examples:
"Lisbon, May 16, 1809."
"Authentic letters from Lamego, of the date of the 9th current (May) affirm that the Portuguese have rendered themselves masters of the passage of Regua, and of other strong positions on the opposite side of the Douero, and that our troops in consequence have a free passage to the other side of the river. The French have not yet given us battle."
"By a vessel, which sailed from Oporto for the Brazils, and which has been obliged to enter the Tagus, we are assured, that the French have retired from Amarante to take a position on the Douero. In a few days, we expect to give the details of an action, which cannot fail to take place."
"The captain of the same ship reports, that the province of Galicia had recovered its liberty; that the French are shut up in the fort of Coruna, and that the troops of Romana surround them and that there is no doubt that they will be obliged to surrender in a few days."
Copy of a dispatch from Gen. Beresford, to his excellency Pereira Forja.
"I have the honor to communicate to your excellency, that on the 9th of May, I had caused a detachment to advance to take a favorable position between Amarante and Mezaon Frio, which are occupied by the French, having met with no other enemy than a small detachment who fled. I had an opportunity of placing four pieces of cannon in an excellent position. I ordered a constant fire upon the division of the enemy, who at the end of two hours beat a retreat in great disorder. Major Harding whom I had sent to observe the effect of this report to have seen the French carry off 8 waggons of wounded."
Their force consisted of 2500 infantry and 1000 cavalry, commanded by Gen. Louison. I have ordered a reinforcement, commanded by the Gen. Francisco de Silveira, to keep this position, and to cut off the communication between Amarante and Mezaon Frio. The conduct of the enemy was horrible, having burnt all the villages and huts in his retreat. (Signed) BERESFORD. Head-Quarters at Lamego, 11th May.
Copy of a letter, dated the eleventh May, at the advanced posts.
"I have the honor of informing your Excellency that the French have abandoned Mezaon Frio. I shall do my utmost to maintain the good position I have taken. By the advices that I have received, I can say that the French have lost 30 cavalry and 80 infantry, and that they have had a great number wounded, and have abandoned one ammunition waggon and a great quantity of waggons loaded with provisions." (Signed)
FRANCISCO DE SILVEIRA. Copy of a letter from his excellency M. Villiers, Minister of his Britannic Majesty, to his excellency Pereira Forja, May 11th.
"I have this instant received the news that the troops commanded by Sir Arthur Wellesley have completely beaten the French to the number of 4000. The 16th Portuguese regiment distinguished themselves. We have obliged the enemy to abandon their position."
The following article is received in a letter from Lisbon, dated on the 17th May; "There have been great rejoicing here to day, on account, as I understand by the Guards, of the French being defeated at or near Oporto."
In confirmation of the above intelligence, Capt. Stacy verbally reports, that the day previous to his departure, (18th May) official accounts were received of the retaking of Oporto by the English and Portuguese troops—that the French had retreated some miles from the city; but their communication with Spain being completely cut off, and being surrounded by a superior force, news was momentarily expected of their unconditional surrender and that great rejoicings & illuminations had taken place in consequence of this agreeable intelligence; Capt. Stacy also reports, that the armies were in high spirits; and that the greatest good will and unanimity existed between the English and Portuguese armies. Extract of a letter from Lisbon dated May 17.
"We have just received the glorious news, that Oporto, is taken by the English; the retreat of the French is cut off, and their surrender as prisoners of war, inevitable."
A vessel had arrived at Lisbon from England, bringing the agreeable intelligence of a final adjustment of our differences with England. Capt. Stacy did not understand that they had been officially received.
From the Havana Packet of June 13.
COMMITTEE OF VIGILANCE OF HAVANA.
On the proposal of the Deputies, the Court of Saldivar and D Joseph Maria de Xerez, this committee resolved at its session on the 9th instant that public notice should be given,—That the 20th of the present month is fixed as the peremptory and final period for the embarkation of the French who are to leave this Island; it being understood, that such as shall not have done so, shall next day be placed on board his majesty's ship Olivia, in this bay. And the inhabitants of this city are notified, that those who know of the said French being concealed, shall give information to the commissary of the ward in which the house is situated; and also the house-keepers and inhabitants will take notice that if they do not give information, as is expected from them, they will suffer the penalty due to their offence.
Domestic.
Translation of the Count Lacepede's letter to D. B. Warden, Esq. concerning the Fossil Bones presented to the National Institute, by the President of the United States. Dated Paris, 1st Sept. 1808.
"SIR, I hastened to communicate to the Institute, in their sitting on Monday last, the letter which Mr. Jefferson was pleased to address, and which you had the complaisance to deliver to me. The Institute, penetrated with gratitude for this new mark of interest which its illustrious member has manifested, has resolved that an expression of thanks shall be solemnly addressed to him by its proper officers. It has also engaged me to testify to Mr. Jefferson the value it attaches to his attention. The Institute has decided, that the fossil bones and other objects of natural history, which Mr. Jefferson has had the goodness to put at its disposal, shall be placed in the Museum of Natural History; the only place where the public can conveniently and usefully examine this line present of Mr. Jefferson."
In consequence of this decision of the Institute, I shall immediately make known to
our colleagues of the Museum, what you have communicated to me, Sir, concerning the arrival of these bones; and as they come by the river, from Havre, and are, by their nature, susceptible of being injured, perhaps you may think proper to deposit them at the bridge of Austerlitz, at the northern gate of the garden of plants, across which these precious objects can be easily transported to the apartment destined for their reception.
Accept, Sir, the new assurance of all the sentiments you merit, as also the renewal of my thanks for all that you have been pleased to communicate to me.
I have the honor to salute you, (Signed) COUNT DE LACEPEDE. Minister Warden, Secretary of the American Legation.
P. S. I shall have the honor of sending to you, according to your permission, my answer to your Illustrious President.
An alarming insurrection lately broke out in the Northern Provinces of China, & the insurgents gained some important advantages on the banks of the Chouan Deyne; but were afterwards defeated, & some of the leaders confined in the fortress of Lieu-Siai. An army of 100,000 men had been assembled at Tonkin to preserve tranquillity. (Jackson's Register.)
A letter from St. Bartholomews, June 3, says:—We have most dreadful accounts of an insurrection of the blacks at Jamaica, two thirds of which island are said to be in their possession. The troops are going down from Martinique to assist in suppressing the insurgents.
New-Hampshire. —The Legislature of this state met at Concord on the 7th June. It is stated that the Senate consists of seven federal and five republican members. On choosing a Speaker of the House, the federal candidate had 59, and the republican candidate 77 votes. The whole votes for Governor have been counted, and give Mr. Smith, federal, 15,533, and Mr. Langdon, republican, 15,161 votes. There remained 189 scattered votes. Best. Centinel.
We are informed that our government have declined to recognize Mr. de Viar as joint Encargado de Negocios with the Chevalier de Foronda, to which he had been appointed by the supreme central junta, acting in the name of Ferdinand VII. Balt. North American.
Of Donna Caro, aunt of the Marquis de la Romana.
During the war at the beginning of the French revolution, this courageous lady used to attend her husband, general Don Ventura Caro, who commanded the Spanish army in the neighborhood of Yron. At the beginning of an engagement, this lady was accustomed to take her station on the battery of San Carlos, wherein was erected the signal post for the left wing of the army. She held the telescope in her hand, whilst she exposed herself to the firing as a common soldier. Neither the firing of twelve twenty-four pounders, which were placed around her, nor the bombs which fell beside her, could move her; the telescope never trembled in her hand. In the intervals of hostility, she employed herself in visiting the hospitals, and contributing to allay the distress of the sick and wounded.—Such an instance of courage & benevolence is scarcely to be paralleled. She preferred witnessing the conflicts and the fate of her husband, to the anxiety of mind she knew she must have suffered till she could have heard it from others. The Marquis de la Romana at that time commanded a post called Casa fuerte (the strong house). London Magazine.
CHARLESTON, May 26.
Important. —We have the pleasure of informing the public, that a gentleman, at member of the Association for cultivating the Cochineal, has produced to us upwards of one thousand insects of the real Cochineal, alive and natives of this state. They are left at Dr. Moser's, in Broad street for the inspection of the curious and well-wishers to the prosperity of Carolina, who will there have an opportunity of contrasting these with the Mexico Cochineal, and see how far they surpass it in beauty of colour. We have further the satisfaction of informing the public, that these insects abound in this state and it is his opinion, that a few years will give us as great a superiority in that valuable dye, as we now possess in our cotton.
The Prickly Pear, on which the Cochineal subsists, is found in various parts of South Carolina, near the sea, where anciently the Spaniards maintained fortifications. The plant is supposed to have been brought from Mexico; but the Carolina insect is said to surpass the Mexican in beauty of colour. The Cochineal is an article of great profit in Mexico, whence it is exported to the value of millions of dollars. There appears no room to doubt, that its cultivation will be extended so as to give our country another precious article for exchange with the rest of the world.
WASHINGTON CITY, June 28.
List of Acts passed at the first session of the Eleventh Congress.
1. An act respecting ships or vessels owned by citizens or subjects of foreign nations with which commercial intercourse is permitted. 2. An act, making further appropriations to complete the fortifications commenced for the security of the ports and harbors of the U. States, and to erect such fortifications as may be necessary for the northern and western frontiers of the United States. 3. An act supplementary to an act, entitled "An act making appropriations for carrying into effect a treaty between the United States and the Chickasaw tribe of Indians," and to establish a land office in the Mississippi territory. 4. An act authorising the appointment of an agent for the land office at Kaskaskia, and allowing compensation to the commissioners and clerk. 5. An act to continue in force an act
de-laring the assent of Congress to a certain act of the state of South Carolina, passed the 21st of December, 1804.
6. An act authorising the discharge of John H. S. from his imprisonment.
7. An act to fix the time for the next meeting of congress.
8. An act concerning the naval establishment.
9. An act to amend and continue in force an act, entitled "An act to interdict the commercial intercourse between the United States and Great Britain and France and their dependencies, and for other purposes."
10. An act making appropriations for defraying the expense of stationery, printing and all other contingent expenses of the Senate and House of Representatives, during the present session of Congress.
11. An act freeing from postage all letters from Thomas Jefferson.
12. An act for the remission of certain penalties and forfeitures, and for other purposes.
13. An act supplementary to the act, entitled "An act making further provision for the support of public credit and for the redemption of the public debt."
14. An act to suspend for a limited time the recruiting service.
BALTIMORE, July 3.
FROM FRANCE.
We are indebted to the politeness of a gentleman from Philadelphia for the following information.
Arrived at Philadelphia on Saturday last, brig Fair American, from Dunkirk, 54 days. Advices by this vessel state that all American property in France for re-indication, remained in the same situation as our last advices. No vessel could be cleared out of any port of France, unless bonds were entered into, in double the amount of vessels and cargo, not to violate any of the decrees of the Emperor of France. The armies of France had been successful in Austria. A few days previous to making the Cape the captain of the Fair American, spoke the ship D'Artois of and from Philadelphia bound to Canton. Since the above was communicated for the Federal Gazette, we have further learned, that Mr. Parraudeau, of this city, arrived in the above vessel, and is the bearer of dispatches from our Minister at Paris. [Fed. Gaz.]
From St. Domingo (city) March 22.
"We still remain besieged by the Spaniards, and blockaded by the English, though not very strictly by the latter. At this moment there is scarce an ounce of bread, beef, pork, cheese, butter, &c. to be had, excepting on some days a piece of horse meat, and on others a little fish, and a few vegetables. Government has a small quantity of provisions in store, but it is exclusively appropriated for the army. Since Ferrand's return, the French have been victorious in every engagement with the Spaniards, have taken several of their works and cannon, and extended their lines to a considerable distance in the country. We are in good spirits at present, believing the embargo was raised on the 4th inst, and looking out for American vessels daily. A small parcel of provisions which has arrived since the siege has sold at enormous prices, viz: butter 75 cents, pork 150 cents, potatoes and corn 25 cents per pound. Flour would sell at 50 dollars."
Capt. Todd, from St. Vincents, informs us, that Admiral Cochrane, was appointed Governor of Martinique.
By the brig Resolution, capt. Love, arrived at Philadelphia on Monday morning from Teneriffe, we are informed, that the accounts received there, from Cadiz, to the 1st of May, were highly favorable to the Spanish cause; Fifteen hundred French prisoners had arrived at Teneriffe, and they were making preparation for the reception of more who were expected.
Owing to the inattention of those entrusted with the correction of the proof-sheet of last Tuesday's Argus, the following errors occurred—2nd pa. line 72, for "occurred" read occurred ; same line, for "friends" read friends ; line 77, for "terrible" read turnpike ; line 79, for "intended" read contended ; line 83, for "8,000" read 5,000; line 90, for "already" read already ; line 91, for "n" read of ; line 96, for "turnpikes" read turnpikes .
NOTICE.
WHEREAS, my wife Elizabeth Wright having eloped from my bed & board, I take this method of forewarning all persons whatsoever against trusting her on my account, as I am determined to pay no debts of her contracting. ROBERT WRIGHT.
Amelia, July 1st, 1809. 3p.
CHARLES BECK & Co.
Confectioners;
INFORM Their friends and the public in general, that they have established a Confectionary next door to Mr. Simon Block's Store, where they intend to keep constantly all kinds of the best Cake, Cordials, Preserves, Ice Creams, and every Article in their line. They flatter themselves, that by their Assiduity to please they will meet with the Public Patronage Also ORNAMENTS for table made in the neatest style. Richmond July 7, 1809. (2. v.)
Pamphlet.
C. R. D. S.
HAND-BILLS, LAWYRES, CLERKS & SHERIFFS PLANS, &c ARE NEATLY AND EXPEDITIOUSLY PRINTED AT THE ARGUS OFFICE.

REMOVAL. THE subscriber has removed near the Bason, where he continues to keep a house of Private Entertainment. He has also for sale, a general assortment of GROCERIES. Likewise sells all kinds of country produce on commission. HEZEKIAH PURYEAR. Richmond, May 17th, 1809. tf.
Vol. 10, Part 2d, or No. 20, of Dr. Rees' New Cyclopaedia, is just Received and ready for delivery at this Office. Subscription still open at $ 3 50 per No. June 12.
FOR SALE AT THIS OFFICE, A FEW HANDSOME COPIES OF GIBBON'S DECLINE & FALL OF THE ROMAN EMPIRE; To which is added, (in this edition only) THE VERY INTERESTING LIFE OF THE AUTHOR, written by HIMSELF. Eight Vols, Large Octavo, Price 22 Dol. hrs. tf.
A Bank Note OF ONE HUNDRED DOLLARS, taken from a black boy, who called himself James Smith, and says he found it in the street—not thinking it proper to let the boy keep it, I detained it for the proper owner, who may have it, on giving satisfactory evidence of his or their right to it and paying the expense of this advertisement. JOHN McDONALD. Richmond, March 10th, 1809. tf.
NOTICE. By virtue of the last will and testament of Pleasant Younghusband, dec. WILL BE SOLD, To the highest bidder, on Tuesday the 13th of June next, at the courthouse of Botetourt county, being court day, One Tract of Land, Containing 254 acres, more or less, it being the same tract of land deeded to Pleasant Younghusband by Thomas McGeorge and Judith his wife, as by indenture bearing date the 2d day of July, 1800, on the following terms, to wit: one third cash, one third in twelve months, and the remaining third in two years. Bonds with security, to carry interest from the date if not paid in three months after they become due, and a deed of trust on the land to secure the two last payments, will be required. ELIZA T. YOUNGHUSBAND, Administratrix. SAMUEL P. PARSONS, Adm'r. With the will annexed. 2d mo. 17th, 1809. tds N. B. The above sale is postponed to Botetourt August Court. E. T. YOUNGHUSBAND, Adm'r. S. P. PARSONS, Adm'r. 5th mo. 6th, 1809.
MATTRESSES OF ALL SIZES AND KINDS, MADE and repaired, agreeably to order, in the large wooden house opposite the Old City Tavern, two squares below the market bridge, Richmond. J. S. Pleasants. May 31, 1809. tf.
One Thousand Pounds WANTED, FOR the interest of which, a plantation of 500 acres of valuable land will be given, until the money is refunded. Nearly 100 acres are rich low grounds, now in cultivation, lying on navigable water, the improvements new and very good, in a healthy and desirable country. Enquire of the Printer. September 8, 1808. tf.
To Rent, And possession given immediately, THE TENEMENT At present in the occupancy of Mr. William Lamson, and directly back of the Hon. Creed Taylor's. Apply to EDWARD W. TRENT. May 4, 1809. tf.
FOR SALE. Forty Thousand weight Isle of Wight Bacon, Amongst which are 900 Hams, 500 Barrels Herring and Shad, 100 Sacks Salt, Liverpool filled, 30 Bales Georgia Cotton, 40 Tierces Rye Whiskey, 8 Barrels Duro, 45 Kegs English White Lead, 30 do. Spanish Brown, 20 Tons American and Sweden Iron, will be Sold low for cash only, GROCERIES, AS USUAL. Russell & Wallace. Richmond, May 22, 1809. 3m.
City Hotel to Let. THAT spacious convenient HOUSE and LOT with an House, Stables &c, situated on a street that leads from the main street by the Government to the Capitol, which was lately in the occupancy of Mr. Jas. Vaughan, as a Tavern, it will be let for one or more years, and possession given immediately. For terms apply to Benjamin Mosby of Powhatan, or B. Tate of this City, who are authorised by me to let the same. RICHARD CROUCH. Richmond, June 1st, 1809.
A Pair of Horses Stolen. 20 Dollars Reward. STOLEN from the commons of Manchester, on Thursday night 8th inst. A Pair of Black Horses. One a BROWN BLACK , very thick set and well made, his left hind foot white—The other a jet or deep black, of rather slender make, both nearly the same age, 8 or 9 years, and about five feet high; they pace, trot and gallop, and run well in harness. I will give Ten Dollars Reward, with reasonable expenses, to any person delivering them to me, or five Dollars for such information that I get them again—Twenty Dollars for the apprehension and conviction of the Thief. CORNELIUS BUCK. Manchester, 14th June, 1809. (tf.)
IN COUNCIL, January 20, 1809. PROPOSALS will be received by the Executive for manufacturing three hundred and ninety Rifles during the present year, being the number directed by law to be provided annually, including the deficiency of last year. Extract from the minutes. DANL. L. HYLTON, Clerk of the Council.
FOR SALE, On Saturday the 22d July, on the premises The Tract of Land, WHEREON John Irby, dec'd. resided, lying in the upper end of Charles City County, on James river, commanding an extensive view up and down said river, in an agreeable neighborhood—and as a stand for a grocery store, equal to any below the City of Richmond.—There are 75 or 80 Acres of land in this tract, (more or less) and devised by the decedent to be sold for the payment of his debts. Terms will be made known on the day of sale, by the ADMINISTRATOR, With the Will annexed. June 8th, 1809. tds
Valuable Property FOR SALE. PURSUANT to a deed of trust executed to us, by John M. Syme, of the county of Hanover, for the purpose of satisfying all debts for which he is bound for his father, and his own debts; we shall, on Tuesday the first day of August next, if fair, if not, the next fair day, upon the premises, proceed to sell, four hundred and sixty-three acres, (by a late survey) of prime and valuable Land, adjoining the town of New Castle, upon Pamunkey River, and the ferry across that river. Also, ELEVEN NEGROES , consisting of men, women, boys and girls, all the stock of Horses, Cattle, Hogs, Sheep, and implements of Husbandry, &c. conveyed by the said instrument. Such title as we hold as trustees will be made the purchaser or purchasers, and possession of the land given at Christmas, with the privilege of seeding wheat this fall. The terms of sale will be one third cash, one third in six months, and the balance in 12 months, from the day of sale. Interest will be expected upon the distant payments. Bonds with approved security will be required of the purchasers of the personal property, and bonds with deeds of trust upon the land and ferry of the respective purchasers. The land, &c. will be shown by Mr. WM. CUNNINGHAM , living in New Castle, or either of the Mr. SYMES , to any person wishing to view the premises. Creditors will be allowed to purchase, and their claims discounted. According to Mr. John M. Syme's notification above, we or either of us, will receive the amount of any claim, and it is our wish that they be made known prior to the day of sale. There are some previous liens upon this property, or some of it, to secure certain debts, which will be first paid, according to their several dates. Proposals for any part of the above property will be received by either of the trustees prior to the sale. BENJAMIN OLIVER, JR. WM. CUNNINGHAM. SAML. RICHARDSON. New Castle, June 4th, 1809. tds
NOTICE. ON Thursday the 20th of July next, will be sold, to the highest bidder, for ready money, at the former residence of the late Mr. WM. FOWLER of Chesterfield, About twenty Negroes, Consisting of Men, Women, Boys and Girls; the stock of Horses, Cows and Hogs; the plantation utensils, and about 50 BARRELS OF CORN. The sale will be made for the purpose of satisfying the claims against the estate, and will be continued from day to day, until the whole shall be disposed of, or a sufficient sum raised for that purpose. The EXECUTORS of WM. FOWLER dec. Chesterfield, June 23, 1809. tds
Virginia, to wit: At a court of Appeals held at the Capitol in Richmond, the twentieth day of May, 1809. RULE. —Great inconveniences & delays having arisen from motions to alter & amend the decrees & special entries of this Court, after they have been entered of record, it is expected that in future the Counsel will respectively in all cases where a special decree or entry shall be deemed necessary, prepare notices of such decree or entry; as they may think ought to be made on the decision: to be considered as part of their statement, and delivered to the judges, with the record, at the final argument, in each cause. A Copy, Teste, J. Brown, C. C.
Land for Sale. BY virtue of a deed of trust bearing date the 25th day of March, eighteen hundred and seven, executed by Carter Wilkinson and Sally his wife, to the subscribers as trustees, for the purpose of securing a sum of money therein mentioned, to be due to William Bradley, Will be Sold , at Cumberland courthouse, on Monday the 24th day of July next, being court day, a Tract of Land, In the deed conveyed, containing 250 acres, lying in the said county of Cumberland, near the courthouse, and adjoining Thomas Hobson's tract of land, on which the courthouse stands. According to the provisions of an act, entitled an act concerning executions and for other purposes, the subscribers will convey the title to the purchaser or purchasers, as vested in them as trustees only. John G. Daniel. Thomas H. Walton. Cumberland, 10th June, 1809. tds
Wanted to Hire, By the week, month, or for the remainder of the present year, A Sober, Industrious Man, To superintend a parcel of laborers in the vicinity of this city. Enquire at the office of the Virginia Argus. Richmond, June 17th, 1809. tf
Louisa County, March Court, 1809. Edward Garland, Plaintiff Against William Morton, Jun. Defendant, To recover of the defendants one hundred pounds damages. THE pluries capias awarded in this cause having been returned that the defendant is not found: It is therefore ordered, that the said defendant do appear here on the second Monday in June next: And if he do not so appear judgment will be rendered against him for the damages aforesaid and costs of the suit: And it is further ordered that a copy of this order be published at three successive court days at the door of the court house of this county, and also three times in one of the Richmond news papers. (A copy) JOHN POINDEXTER, clk. (31) LAND for Sale. WILL BE SOLD, to the highest bidder, on the 18th day of July next, The Tract of Land, Whereon the late David Owen, dec. lived, containing 475 Acres, lying in Powhatan County, about four miles from the courthouse. There are two settlements on this land, on each of which is a good orchard, from which a considerable quantity of excellent cyder is annually made. The quality of the land is such as usually to be found in the neighborhood; it will be divided into two lots, or sold in one, as may be most conducive to the interest of the estate. The terms will be 500 dollars paid on the day of sale, 500 dollars in six months and the balance in two equal annual payments. Bond with approved security, and a deed of trust on the land will be required of the purchaser, the bonds to carry interest from the date if not punctually paid. Possession given the first day of December next, with the privilege of sowing small grain the first day of September next. Mr. GEORGE OWEN , living on the land, will show it to those who wish to view it. JOSEPH MAYO, Ex'r. of the last Will and Testament of DAVID OWEN, dec'd. Powhatan County, 5th June, 1809. wsi
Fluvanna County, May Quarterly session, 1809. James Cole, Plaintiff AGAINST Joshua Bartley and James Payne, Defendants, THE Defendant Bartley, not having entered his appearance and given security according to the act of Assembly and the rules of this Court, and it appearing to the satisfaction of the court that he is not an inhabitant of this Country; On the motion of the Plaintiff by his counsel, It is Ordered , that the said Defendant Bartley do appear here on or before the first day of the next Quarterly term and answer the Plaintiff's bill; and that a copy of this order be forthwith inserted in one of the Richmond news-papers and continued for two months successively, and another copy posted at the front door of the courthouse of this county. (A copy)—Teste, JOHN TIMBERLAKE, Jr. D. C. (Stw.)
NOTICE. ON Thursday the 20th of July next, will be sold, to the highest bidder, for ready money, at the former residence of the late Mr. WM. FOWLER of Chesterfield, About twenty Negroes, Consisting of Men, Women, Boys and Girls; the stock of Horses, Cows and Hogs; the plantation utensils, and about 50 BARRELS OF CORN. The sale will be made for the purpose of satisfying the claims against the estate, and will be continued from day to day, until the whole shall be disposed of, or a sufficient sum raised for that purpose. The EXECUTORS of WM. FOWLER dec. Chesterfield, June 23, 1809. tds
General Assembly, begun and held at the Capitol in the city of Richmond, on Monday the second day of December, in the year of our Lord, one thousand eight hundred and five, and of the Commonwealth, the thirtieth. AN ACT giving further time to the proprietors of certain lands, forfeited for the non-payment of taxes, to redeem the same. [Passed February 1st, 1806.] BE IT enacted by the General Assembly, That the proprietors of lands forfeited to, and vested in the commonwealth, by the non payment of taxes, agreeably to the act, entitled, "An act more effectually to provide for the payment of taxes upon lands within this commonwealth," may redeem the same by paying into the treasury of this commonwealth, on or before the first day of March, in the year eighteen hundred and seven, all arrears of taxes due thereon. This act shall commence and be in force from and after the passing thereof. A Copy from the Roll—Teste, J. PLEASANTS, Jr. Keeper of the Rolls.
General Assembly, begun and held at the Capitol in the city of Richmond, on Monday the first day of December, in the year of our Lord, one thousand eight hundred and six, and of the Commonwealth, the thirty-first. AN ACT to amend an act, entitled, "An act more effectually to provide for the payment of taxes upon lands within this commonwealth." [Passed 20th January, 1807.] BE IT enacted by the General Assembly, That when the taxes on any tract or parcel of land shall have heretofore remained, or shall hereafter remain unpaid for the space of two years, such tract or parcel of land shall be forfeited to the commonwealth, and shall not be subject to location. Provided nevertheless, That the tract or parcel of land so as aforesaid forfeited, shall be subject to the redemption of the former rightful and proper owner at any time within three years after such forfeiture shall have accrued, upon payment of the taxes due thereupon, according to the following rules, to wit: That if the said taxes shall be paid in the first year after such forfeiture shall have accrued, there shall be paid an interest of twenty-five per centum per annum on the amount of the said taxes from the time they became due, till paid. If the said taxes shall be paid in the second year after such forfeiture shall have accrued, there shall be paid an interest of fifty per centum per annum on the amount of taxes due aforesaid; If the said taxes shall be paid in the third year after such forfeiture shall have accrued, there shall be paid an interest of one hundred per centum per annum, as aforesaid. Provided also, That nothing in this act shall be so construed as to affect the rights of infants, femes covert, or persons of unsound mind, until one year after the disabilities shall have ceased, on their paying all taxes due, with an interest thereupon at the rate of ten per centum per annum on the amount due as aforesaid. All acts and parts of acts coming within the purview of this act, are hereby repealed. This act shall commence and be in force from and after the first day of March next. A Copy from the Roll—Teste, J. PLEASANTS, Jr. Keeper of the Rolls.
General Assembly, begun and held at the Capitol in the city of Richmond, on Monday the fifth day of December, in the year of our Lord, one thousand eight hundred and eight, and of the Commonwealth, the thirty-third. AN ACT providing for the redemption of certain lands forfeited by the non-payment of the taxes thereon. [Passed February 6th, 1809.] BE IT enacted by the General Assembly, That all lands heretofore forfeited or hereafter to be forfeited to the commonwealth for the non-payment of taxes, by virtue of the laws now in force, shall be redeemable at any time within three years from the time when such forfeiture hath heretofore accrued, or shall hereafter accrue, and until the first day of March next succeeding the expiration of the said term of three years, on payment of the taxes due thereon, with an interest of ten per centum per annum on each year's tax, from the time when the same became or shall become due, until the time of such redemption. Provided, nevertheless, That all lands heretofore forfeited, shall be redeemable in like manner, and on payment of the like interest, on or before the first day of March in the year one thousand eight hundred and ten. Be it further enacted, That the auditor of public accounts, shall on or before the first day of March, in the year one thousand eight hundred and eleven, and on or before the first day of March in every year thereafter, deliver to the collector of the taxes of each county, a list of all such forfeited lands therein, as on the first day of March preceding, had become irredeemable, which list shall be forthwith posted or hung up in the most public place in the courthouse of the county. Be it further enacted, That on the first Monday in August, in the year one thousand eight hundred and eleven, and on the first Monday of August in every year thereafter, the collectors shall proceed, by public auction, at the door of the courthouse of each county, to sell to the highest bidder, each tract of land contained within the list of such forfeited lands, as were irredeemable on the first day of March in the preceding year, for ready money. Be it further enacted, That if at any such sale, the former owner or owners of any forfeited tract of land, as about to be sold, or any person for him, her or them, or in his, her or their behalf, with or without any authority or direction for that purpose, shall appear and pay the taxes due thereon, with interest as aforesaid, until the time of such sale, such tract shall not be sold, but an entry of such payment shall be made by the collector on the list aforesaid, and a receipt for such payment given to the person making the same in the name of the former owner or owners, and thereupon such land shall be taken to be redeemed, and the forfeiture accrued thereon, shall be, and the same is hereby fully waived and remitted.
Be it further enacted, That it shall be the duty of the commissioner or commissioners of the revenue, annually, on the first Monday in August, to attend at the courthouse of their respective counties, and to take and make out a list of all the sales so to be made by the collector, specifying the name or names of the former owner or owners, the sums paid and to whom sold; which list the commissioner or commissioners shall forthwith transmit to the auditor of public accounts, who shall charge the collector with the amount of sales appearing thereon. Be it further enacted, That it shall be the duty of every collector to pay annually into the public treasury, all such sum or sums of money as he shall receive by virtue of this act, deducting a commission of five per centum thereon, which payment shall annually be made on the same day on which the taxes collected in the same year shall be payable. Be it further enacted, That the lists of sale so certified and taken by the commissioners, or either of them, shall be sufficient to charge the collector or his security or securities, his, her or their heirs, executors or administrators thereon, with any motion to be made to recover the same by the auditor of public accounts. And if,
any collector shall make default in the payment of any monies by him received, by virtue of this act, at the time hereby required, such collector and his security or securities, his, her or their heirs, executors or administrators, shall be liable to all such fines, interest, damages and costs, and be recovered in the same manner as in case of a default in the payment of the commonwealth's revenue. Be it further enacted, That it shall be the duty of every collector making a sale by virtue of this act, to make and execute to the purchaser a deed in fee simple for the lands purchased, reciting the cause of sale, and in every action or suit at law or in equity, in which a former owner or owners of any tract of land so sold and conveyed, his, her or their heirs, devisees, or other person or persons claiming under him, her or them, shall contest the validity of the sale so made, the said probandi shall on the party so contesting. Be it further enacted, That the commissioner or commissioners for discharging the duties required of them by this act, shall be entitled to receive from the public treasury a commission of one and a half per centum on the amount of sales, on a warrant from the auditor of public accounts. Be it further enacted, That it shall be the duty of the auditor of public accounts, at the public expense, to cause a copy of this act, and of an act passed the first day of February, in the year one thousand eight hundred and six, entitled, "An act giving further time to the proprietors of certain lands forfeited for the non payment of taxes, to redeem the same, and also of an act passed on the twentieth day of January, in the year one thousand eight hundred and seven, entitled, "An act to amend an act entitled, "An act more effectually to provide for the payment of taxes upon lands within this commonwealth," to be published for six months successively in the present year and for three months successively preceding the first Monday in August, in the year one thousand eight hundred and eleven, to be published in some newspaper of general circulation, edited in each of the United States, if any such there be. And be it further enacted, That the duties enjoined by this act to be performed by the collectors, shall, where the sheriff is collector, be performed by the high sheriff in person, and every purchase made, wholly or in part, by the sheriff or his deputy, or by any other person being a collector, or by any other person, wholly or in part, for the use of such sheriff, deputy sheriff or other person being collector, shall be void; and every sheriff, deputy sheriff or other person being a collector, making any purchase, either wholly or in part, for himself, or procuring any other person to make such purchase, wholly or in part, for the use aforesaid, shall forfeit and pay the sum of $500, to the use of the public, to be recovered by bill, plaint or information, in any court of record having jurisdiction thereof. This act shall be in force from the passing thereof. A Copy from the Roll—Teste, J. PLEASANTS, Jr. Keeper of the Rolls.
Healing Springs. MRS. ABERCROMBY, RESPECTFULLY notifies the public, that having taken the HEALING SPRINGS for the present season, in the lower end of Louisa County, thirty-three miles above Richmond, on the old mountain road, is prepared to accommodate such company as may wish to resort thither either for health or pleasure, during the summer and autumn months. The very recent proofs of the efficacy of those waters in removing the disorder, that has so fatally prevailed about Richmond and many other parts of this and the adjacent states, meaning the DIARRHOEA or ROWEL COMPLAINT , with the sore mouth, as also TETTER and RING-WORMS , SCURVEY , and every kind of Cutaneous disorders, give them a decided preference over any other mineral water in this state, by sundry persons of experience, who have attended all the watering places of the upper country, in search of health, and a cure for most of the complaints above mentioned. The water of this spring is a strong chalybeate, and never fails to strengthen and give a tone to the stomach and restore a lost appetite in the shortest time imaginable—are unrivalled as to healthiness & pleasantness of situation, being surrounded with fine groves and in a plentiful and agreeable neighbourhood.—The charge for board will be One Guinea per week for Ladies and Gentlemen, and half price for children and servants; and extensive pasturage and stables gratis, and nine pence a gallon for grain. Mrs. ABERCROMBY pledges herself that no exertion on her part shall be wanted to render comfort and pleasure to her boarders, and relies on her own merits for their patronage. Mr. ABERCROMBY will himself continue to TEACH MUSIC in Richmond. Healing Springs, June 10th, 1809. 2kwtf.
FOR RENT, The Two following TRACTS OF LAND , lying on James river, in the County of Powhatan. THAT LARGE ESTATE called DELL MEAD , at present occupied by Mr. James Tucker. The Plantation immediately below it , now in the occupancy of Mr. David Mead. Also, The Tract of Land , called the Old Courthouse Tract , in the county of Powhatan, lying on Deep Creek, and now occupied by Mr. William Wilburn. These Lands, will, without reserve, be rented to the highest bidder, at Powhatan Courthouse, on the 19th of July next, (being the first day of the court) unless before privately rented.—Apply to JAMES CARTER , Goochland, NEIL MCCOULL , } Richmond, JOHN ST. JOHN , } April 30th, 1809. wtdr
HENING'S New Virginia Justice, CONTAINING The Duties of a Justice of Peace, &c. together with a variety of useful precedents adapted to the laws now in force. Also, forms of conveyancing, such as deeds of bargain and sale, lease and re-lease, mortgage, trust, &c.