Virginia Argus (Richmond, Va.), 1809-12-05 00:00:00

VIRGINIA ARGUS.
[XVIII YEAR.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No. 1711.]
RICHMOND:—PRINTED (ON TUESDAYS AND FRIDAYS,) BY SAMUEL PLEASANTS, JUNIOR, PRINTER TO THE COMMONWEALTH.
Four Dollars Per Annum—Paid in Advance.
TUESDAY, DECEMBER 5, 1809.
[12 1-2 Cents Single.]
NOTICE —The subscriber being desirous of closing the executorship of the late John Collins, most earnestly solicits all those indebted to discharge the same, as suits indiscriminately will be instituted; and all persons having claims will please exhibit them properly authenticated before the 1st of February next, as this notice will be plead at bar.
CATHARINE DABNEY, Surviving Executrix of JOHN COLLINS, dec. December 1st, 1809.
FOR SALE , to the highest bidder, on the 20th of December, 1809, on the premises, a PARCEL OF GROUND , on the main street, or on near Rocketts landing, and opposite to Lewis's wharf, belonging to the estate of Wilshire M. Lewis, dec. containing one hundred feet, or upwards, which will be divided into convenient lots to suit purchasers. Also, about 50 acres of LAND , bounded by the main Road, the lines of Mr. William Mayo, Mr. Geo. Blakey and Gillis's Creek, which will also be laid out into tenements to suit purchasers. The terms of payment will be made known on the day of sale.
WALTER P. SHELTON, Executor of the said WILSHIRE M. LEWIS. November 29th, 1809.
TO BE RENTED the large and commodious TAVERN , and also the TAN YARD , late the property of James Fowler, deceased, situate in the town of Cartersville. Possession can be had immediately. For terms apply to
THOS H WALTON, Adm'r. with the will annexed of JAMES FOWLER, deceased. Cartersville 29th November, 1809.
NEGROES FOR SALE .—On Friday the 29th day of next month, will be sold, at Mecklenburg courthouse, to the highest bidder, 20 Likely Negroes, on 12 months credit, the purchasers giving bonds with approved security, bearing interest from the date, but such interest to be remitted in case of punctual payment.
WM. MUNFORD. Richmond, Nov. 25th, 1809.
VALUABLE LAND FOR SALE .—The subscriber intending to remove to one of the Southern States, in the course of fifteen or eighteen months, offers for sale the tract of land on which he now dwells. It contains, by a late survey, about eleven hundred and eighty acres of which six hundred and fourteen are yet in woods. The soil is peculiarly suited to the production of wheat, and is excellent for corn and tobacco. The situation is remarkably healthy, and is only one mile from the navigation of Appomattox. Those who wish to purchase, a good tract of land, at a reasonable price, are invited to view this property. It should not be sold by private contract before the sixth day of January next, it will then be put up to the highest bidder, at Farmville, on a credit of one and two years.
PETER JOHNSTON. Prince Edward, November 20th, 1809.
IN ORDER to complete the residue of the requisitions of the decree of the honorable high court of chancery, for the Richmond district, dated the 20th June, 1809, and published in this paper from the 15th of August to the 19th September inclusive, and an additional decree dated the 22d September, 1809, in the cases of William Marshall and Thomas Taylor, guardians of Eleanor and Lavinia Dandridge, orphans of William Dandridge, deceased, and others, Plts.
AGAINST William Duval, administrator of William Price, deceased, Lucy Price, widow, and William D. Price, Alexander Price, John Harvie Price, and Anne Price, infant heirs of the said William Price, deceased, Defs.
And also in conformity with a further decree of the aforesaid court, dated the 23d September, 1809, in the case of Matthias Jordan, Plaintiff,
AGAINST The same defendants as above.
We or one of us will positively proceed to sell, on the premises at public auction, on Tuesday the 12th day of December next, at 11 o'clock, A. M. if fair, if not, the next fair day, at the saloon, the Blue House and Lot on the street on Shockoe Hill, mentioned in the first decree, which the late register William Price, purchased of John Britain, subject to the claim of Mrs. John Britain, for a supposed right of dower, she never having relinquished any claim which she might have in the event of her living longer than her said husband.—And immediately thereafter two lots of ground near the Federal Spring, known by the numbers in Duval's addition to the city of Richmond, and three lots near the late residence of William Nico, on Shockoe Hill, known by the numbers in Judge Washington's addition, 11, 12, and 18, on two years credit, from the day of sale, with interest from date. Bonds with a approved security will be required, or so much thereof as will be sufficient to satisfy William Marshall and Thomas Taylor, Esqrs. guardians as aforesaid—the residue of the original sum decreed in their favor of 1400 dollars, with interest and costs of said suit, and Matthias Jordan, in the sum of 500 dollars, with interest from the first day of January, 1809, till paid, and the costs expended by him in said suit, and also to discharge the balance of the expenses of the previous and said sales yet unprovided for, as authorized by the aforesaid decrees.
JOHN PROSSER, WM. MONCURE, Commissioners. Richmond, November 23d, 1809.
Pamphlets, CARDS, HAND-BILLS, LAWYERS, CLERKS & SHERIFFS BLANKS, &c. ARE NEATLY AND EXPEDITIOUSLY PRINTED AT THE ARGUS OFFICE.
JUST PUBLISHED, AND NOW READY FOR DELIVERY TO SUBSCRIBERS, AT S. PLEASANTS, JR'S. BOOK-STORE RICHMOND,
THE Statutes at Large;
BEING A COLLECTION OF ALL THE LAWS OF VIRGINIA, FROM THE FIRST SESSION OF THE LEGISLATURE, IN THE YEAR 1619.
PUBLISHED PURSUANT TO AN ACT OF THE GENERAL ASSEMBLY OF VIRGINIA, PAS- SED ON THE FIFTH DAY OF FEBRU- ARY, ONE THOUSAND EIGHT HUNDRED AND EIGHT.
VOLUME I. BY WILLIAM WALLER HENING.
"The Laws of a country are necessarily connected with every thing belonging to the people of it; so that a thorough knowledge of them, and of their progress would inform us of every thing that was most useful to be known about them; and one of the greatest imperfections of historians in general, is owing to their ignorance of law."
PRIESTLEY'S LECT. ON HIST. pa. 149.
Extracts from the Editor's Preface.
Much of the present work has existed until now, only in manuscript, and in single copies; and has been inaccessible to all our Historians. To this cause may be ascribed some of the errors with which all the histories of Virginia abound; but too many of them may be traced to the gross ignorance or wilful misrepresentation of the English historians. Except the rays of light reflected by Mr. Burk (from the scanty materials in his possession,) on that portion of our history which comprises the existence of the commonwealth of England, the whole of that period is either enveloped in total darkness, or has been most inaccurately represented by every historian who professed to depict it. In detailing the leading events of that day, it has been said "that the governors of Virginia were appointed by the commonwealth or by Cromwell; that the people, tired of the restraints imposed on their commerce, & strengthened in principles of loyalty by the royalists who flocked hither from England, were impatient to shake off the yoke of Cromwell; and dragging Sir William Berkeley from his retirement, unanimously appointed him governor, and proclaimed Charles II. with all his titles, before the restoration had been effected in England." There is not one word of truth in any part of this relation. Not a single governor was appointed either by the parliament or by Cromwell; but they were all elected by the House of Burgess, in pursuance of the powers vested in them by the provisional articles of government, adopted at the surrender of the country to the commissioners appointed on behalf of the parliament. The commerce of Virginia was even more free than that of the mother country. None of the restrictions of the act of navigation were felt. The vessels of all nations were admitted into their ports; and a duty of ten shillings a hogshead imposed on all tobacco exported, and shipped to any part of America or elsewhere except in English vessels directly bound to England: from the payment of which duty, vessels belonging to Virginians were afterwards exempted. Finally the assembly passed an act asserting the right of the colony to a free trade with all nations in amity with the people of England, and compelled all masters of vessels to give bond, in the penalty of two thousand pounds sterling, not to molest any person trading here under the protection of the laws. So far were the assembly from erecting the royal standard and proclaiming Charles II. at the time when they elected Sir William Berkeley, governor, that, by the very first act of the same session they expressly took the powers of government into their own hands; and directed that all writs should issue "in the name of the Grand Assembly." By the second act, they appointed Sir William Berkeley, governor; enjoined it on him to call an assembly once in two years at least, or oftener if necessary; gave him the power of making choice of a secretary and council of state, with the approbation of the assembly; and restrained him from dissolving the assembly without the consent of the major part of the house.—These acts passed in an assembly held in March 1659-60, between the resignation of Richard Cromwell, (on the 22d of April, 1659) and the restoration of Charles
II. (on the 29th of May, 1660;) at a time when, as the assembly express themselves, "there was no resid. in, absolute and general confessed power in England." They were unquestionably the offspring of necessity, and arose from that state of interregnum which existed in England, when the cautious proceedings of Gen. Monck left it uncertain what kind of government would be ultimately adopted. *****
The administration of justice, in Virginia, was originally extremely cheap, and simple in its details. Commanders of plantations held monthly courts for the trial of civil actions, not exceeding the value of one hundred pounds of tobacco, and for the punishment of petty offences, reserving the right of appeal to the quarter court held by the governor and council, which possessed the supreme judicial power, under the different charters, and had original jurisdiction in all cases whatsoever. Commissioners of monthly courts succeeded a commanders of plantations, with the like jurisdiction in civil cases; which was afterwards extended to five pounds sterling. The jurisdiction of the court was further extended to sixteen hundred pounds of tobacco, and they were to be called county instead of monthly courts; and that of a single magistrate was fixed as far as twenty shillings sterling. In consequence of the great distance of many of the counties from James City, where the quarter courts were held, jurisdiction was finally given to the county courts, in all cases of law and equity and the trial by jury secured to those who desired it. The decision of the county court was, at first, final as far as sixteen hundred pounds of tobacco, and for all sums above that an appeal was allowed to the quarter court, and from thence to the assembly; which afterwards had jurisdiction of appeals in all cases, of whatever amount. Besides the general jurisdiction of the county and quarter courts, special provision was made for certain counties and settlements where it was considered too inconvenient to the people to attend at the usual place of holding courts. The leading principle seems to have been to carry justice to the doors of the inhabitants. Thus, the county court of Northampton, "on account of its remoteness from James City," had final jurisdiction as far as three thousand two hundred pounds of tobacco; one commissioner on the South side of the river in James City county, was vested with the powers of a county court; the inhabitants of Appomattox or Bristol parish, were also authorised to hold courts, with the right of appeal to Henrico or Charles City county courts. Two courts were permitted to be held in Northampton; two in Isle of Wight; and two in Charles City. As the population of the country increased, and new counties were formed, these special courts were abolished.
The following letters addressed to the editor, since the publication of the 1st Volume, are from gentlemen eminently qualified to form an opinion of the importance of the work.
S. ROANE'S respects to Mr. Hening.
A necessary attention to the business of the court, has disabled S. R. from reading attentively, the whole of the first volume of the Statutes at Large: He can therefore, give no satisfactory opinion upon the character of the laws contained therein. It is easy, however, to perceive that this laborious work has been executed with great care and fidelity, on the part of Mr. Hening, to whom, in the opinion of S. R. our countrymen, in all generations, will be indebted, for placing beyond the reach of accident, statutes which existed only in manuscript, and, in some instances, perhaps, only in a single copy. It is true that, at the present day, the statutes contained in the first volume, are of little comparative importance as laws; having grown obsolete or been replaced by others: but they afford a rich treasure for historians; and, in themselves, contain an excellent history, of the situation, policy, institutions, opinions and language of our forefathers. It will be seen that they possessed that hardy and determined spirit, which could not be appalled by difficulties and has enabled their posterity, in less than two centuries, to outstrip the nations of the old world, as far in the wisdom and justice of their political institutions, as in the enjoyment of civil liberty. If the work in question were, therefore, to stop here, it is undoubtedly entitled to the patronage of every public spirited American: but, as it advances, it will be of eminent practical utility. It will, (especially if aided by a general index) enable Judges and Lawyers to see, at one view, every act which has ever been passed on any subject; and thus conduct them to the happiest result, in evincing the meaning of the legislature. S. R. therefore, earnestly wishes that no ad-
verse state of things may occur, to arrest the entire completion of the undertaking. Wm. W. Hening, Esq.
Richmond, Dec. 2, 1809.
RICHMOND, Nov. 24th 1809.
DEAR SIR, I have received with great pleasure the first volume of your edition of the Statutes of Virginia at Large; & am extremely glad that you have been able to make such a progress in a work of such real importance, not only to the gentlemen of the profession, but to the community at large. Few persons have more reason to estimate the value of such an undertaking than myself; having for five and twenty years been endeavoring, in vain, to procure copies of our public acts from the period of the revision in 1705, to that of our revolution. And even from the latter period to the end of the last century, it was nearly twenty years before I could procure copies of all the acts of the several conventions, and succeeding legislatures. The unfortunate policy of omitting laws which had either expired, had been repealed, or were consolidated in the successive revisions made during the last century, rendered it almost impossible to trace any subject which had engaged the attention of successive legislatures through all the mazes of its progress. Nothing but a complete edition of our laws, at large, can afford that high so necessary to the well understanding of the laws, and the distribution of justice in our common country. A work of such magnitude and importance must be attended with infinite labour and expense. You have my sincere wishes for your success in completing that work, and that it may receive that general encouragement to which it is entitled from so many important considerations.
I am, respectfully, Dear Sir, Your most ob't Servant, Sr. G. TUCKER. Wm. W. Hening Esq.
DOCUMENTS, WHICH ACCOMPANIED THE MESSAGE of the PRESIDENT OF THE UNITED STATES.
LETTER FROM MR. ERSKINE, Envoy Extraordinary and Minister Plenipotentiary OF HIS BRITANNIC MAJESTY TO THE SECRETARY OF STATE. Washington, July 31, 1809.
Sir—I have the honor to inclose to you a copy of an order, which was passed by his majesty in council on the 24th of May last.
In communicating this order, it is with the deepest regret that I have to inform you, that his majesty has not thought proper to confirm the late provisional agreement which I had entered into with you on the part of our respective governments.
Neither the present time, nor the occasion, will afford me a favorable opportunity for explaining to you the grounds and reasons upon which I conceived I had conformed to his majesty's wishes, & to the spirit, at least, of my instructions upon that subject; nor, indeed, would any vindication of my conduct (whatever I may have to offer) be of any importance further than as it might tend to shew that no intention existed on my part to practise any deception towards the government of the United States.
I have the satisfaction, however, to call your attention to that part of the inclosed order, which protects the commerce and shipping of the United States from the injury and inconveniences which might have arisen to American citizens from a reliance on the provisional agreement before mentioned; and I cannot but cherish a hope, that no further bad consequences may result from an arrangement, which I had fully believed would have met with his majesty's approbation, and would have led to a complete and cordial understanding between the two countries.
With sentiments of the highest respect and consideration, I have the honor to be, Sir, your most obedient humble servant, D. M. ERSKINE.
The Hon. Robert Smith, &c. &c. &c.
The Secretary of State to Mr. Erskine. Department of State, August 9th. 1809.
Sir—I have just received from Mr. Pinkney a letter enclosing a printed paper, purporting to be a printed copy
of a despatch to you from Mr. Canning, which states among other things that "from the report of your conversation with Mr. Madison, Mr. Gallatin and Mr. Smith, it appears,
"1st. That the American government is prepared in the event of his majesty's consenting to withdraw the orders in council of January and November, 1807, to withdraw contemporaneously on its part, the interdiction of its harbors to ships of war and all non-intercourse and non-importation acts, so far as respects Great Britain, leaving them in force with respect to France and the powers which adopt or act under her decrees.
"2d. That America is willing to renounce, during the present war, the pretension of carrying on in time of war all trade with the enemy's colonies, from which she was excluded during peace.
"3d. Great Britain, for the purpose of securing the operation of the embargo, and the bona fide intention of America, to prevent her citizens from trading with France, and the powers adopting and acting under the French decrees, is to be considered as being at liberty to capture all such American vessels, as may be found attempting to trade with the ports of any of these powers; without which security for the observance of the embargo, the raising it nominally with respect to Great Britain alone, would, in fact, raise it with respect to all the world."
I have the honor to request you to favor me with such explanations, as your candor will at once suggest, in relation to these impputed conversations.
I forbear to express to you, sir, the surprise that is felt at the extraordinary pretensions set forth in this letter of instruction, and especially at the expectation that this government would, as a preliminary, recognize conditions, two of which are so manifestly irreconcilable to the dignity and interest of the United States. I, however, would remark, that had you deemed it proper to have communicated in extenso this letter, it would have been impossible for the President to have perceived in its conditions, or in its spirit, that conciliatory disposition which had been professed, and which, it was hoped, had really existed.
I have the honor to be, &c. (Signed) R. SMITH. The Hon. David M. Erskine, &c. &c. &c.
From Mr. Erskine to Mr. Smith. Washington, August 14th, 1809.
Sir—I have the honor to acknowledge the receipt of your letter of the 9th inst. informing me that you had just received a letter from Mr. Pinkney inclosing a printed paper, purporting to be a copy of a despatch to me from Mr. Canning, which states, among other things, "from the report of your conversations with Mr. Madison, Mr. Gallatin and Mr. Smith, it appears:
"1st. That the American government is prepared, in the event of his majesty's consenting to withdraw the orders in council of January and November, 1807, to withdraw contemporaneously on its part, the interdiction of its harbors to ships of war, and all non-intercourse and non-importation acts so far as respects Great Britain, leaving them in force with respect to France and the powers which adopt, or act under, her decrees.
"2d. That America is willing to renounce during the present war, the pretension of carrying on, in time of war, all trade with the enemies' colonies, from which she was excluded during peace.
"3dly. Great Britain, for the purpose of securing the operation of the embargo, and the bona fide intention of America to prevent her citizens from trading with France and the powers adopting and acting under the French decrees is to be considered as being at liberty to capture all such American vessels as may be found attempting [to trade,] with the ports of any of these powers, without which security for the observance of the embargo, the raising it nominally with respect to Great Britain alone, would, in fact, raise it, with respect to all the world."
The explanations which you request from me upon that subject shall be given with candor, and I will proceed

Accordingly, to lay before you an abstract of the communications which I made to his majesty's government relative to the unofficial conversations which I had held with Mr. Madison, (then Secretary of State), Mr. Gallatin and yourself at the time and upon the occasion alluded to by his majesty's Secretary of State (Mr. Canning) in that part of his instructions to me of which you inform me you have received a printed copy from Mr. Pinkney.
Upon referring to my dispatches, addressed to his majesty's government of the 3d and 4th December last, in which these communications are detailed, I conclude that the conversations alluded to must have been held some days previous to that period, and were to the following effect:
Mr. Madison, (then Secretary of State) is represented by me to have urged various arguments tending to prove that the United States had exerted all their efforts to persuade the French government to withdraw their unjust restrictions upon neutral commerce, and that recourse might have been had to measures of more activity and decision against France than mere remonstrances, but that, in the mean time Great Britain had issued her orders in council, before it was known whether the United States would acquiesce in the aggressions of France, and thereby rendered it impossible to distinguish between the conduct of the two belligerents, who had equally committed aggressions against the United States.
After some other observations, Mr. Madison is stated by me at that time to have added, that as the world must be convinced that America had in vain taken all the means in her power to obtain from Great Britain and France a just attention to her rights as a neutral power by representations and remonstrances, that she would be fully justified in having recourse to hostilities with either belligerent, and that she only hesitated to do so from the difficulty of contending with both; but that she must be driven even to endeavor to maintain her rights against the two greatest powers in the world; unless either of them should relax their restrictions upon neutral commerce: in which case, the United States would at once side with that power against the other which might continue its aggressions.
That every opinion which he entertained respecting the best interests of his country led him to wish that a good understanding should take place between Great Britain and the United States, and that he thought that the obvious advantages which would thereby result to both countries were a sufficient pledge of the sincerity of his sentiments.
These observations, sir, I beg leave to remark, were made to me by Mr. Madison about a month after the intelligence had been received in this country of the rejection by his majesty's government of the proposition made through Mr. Pinkney by the President for the removal of the embargo as respected Great Britain, upon condition that the orders in council should be withdrawn as respected the United States: and his sentiments were, as I conceived, expressed to me, in order that I might convey them to his majesty's government, so as to lead to a reconsideration of the proposition above-mentioned with a view to the adjustment of the differences upon that subject between the respective countries. But I never considered that Mr. Madison meant that the government of the United States would pledge themselves beyond the proposition respecting the embargo, as above stated; because that was the extent of the power of the President by the constitution of the United States.
I understood, very distinctly, that the observations of the Secretary of State were intended to convey an opinion as to what ought and would be the course pursued by the United States, in the event of his majesty's orders in council being withdrawn.
In these sentiments and opinions, you concurred, as I recollected from the tenor of several conversations which I held with you at that period.
With respect to the second point, as stated in your letter to be contained in a "Despatch from Mr. Canning," I beg leave to offer the following explanation:
In the course of a private interview I had with Mr. Gallatin, (the Secretary of the Treasury) he intimated that the non-intercourse law which was then likely to be passed by the Congress, might be considered as removing two very important grounds of difference with Great Britain, viz. the non-importation act, as applicable to her alone, and also the President's proclamation, whereby the ships of Great Britain were excluded from the ports of the U.
States while those of France were permitted to enter—but that by the non-intercourse law, both powers were placed on the same footing. He did not pretend to say this measure had been taken from any motives of concession to Great Britain; but as, in fact, those consequences followed, he conceived they might be considered as removing the two great obstacles to a conciliation.
He adverted also to the probability of an adjustment of another important point in dispute between the two countries, as he said he knew that it was intended by the U. States to abandon the attempt to carry on a trade with the colonies of belligerents in time of war, which was not allowed in the time of peace, & to trust to the being permitted by the French to carry on such trade in peace, so as to entitle them to a continuance of it in time of war.
As it may be very material to ascertain what "trade with the colonies of belligerents" was, in my conception, meant by Mr. Gallatin, as intended to be abandoned by the United States, I feel no hesitation in declaring, that I supposed he alluded to the trade from the colonies of belligerents direct from their mother country, or to the ports of other belligerents, because the right to such trade had been the point in dispute; whereas, the right to carry on a trade from the colonies of belligerents to the United States had never been called in question, and had been recognised by his majesty's supreme court of admiralty; and the terms upon which such colonial produce might be re-exported from the United States had been formally arranged in a treaty signed in London by the ministers plenipotentiary of both countries, which was not indeed ratified by the President of the United States; but was not objected to as to that article of it which settled the terms upon which such trade was to be permitted.
Such was the substance, sir, of the unofficial conversations which I had held with Mr. Madison, Mr. Gallatin, and yourself, which I did not consider or represent to his majesty's government as intended with any other view than to endeavor to bring about the repeal of the orders in council by shewing that many of the obstacles which had stood in the way of an amicable adjustment of the differences between the two countries were already removed, and that a fair prospect existed of settling what remained; since the United States had exhibited a determination to resist the unjust aggressions upon her neutral rights, which was all that Great Britain had ever required; but I certainly never received any assurances from the American government that they would pledge themselves to adopt the conditions specified in Mr. Canning's instructions as preliminaries; nor did I ever hold out such an expectation to his majesty's government; having always stated to them that in the event of his majesty's thinking it just or expedient to cause his orders in council to be withdrawn that the President would take off the embargo as respected England, leaving it in operation against France and the powers which adopted, or acted under, her decrees; according to the authority which was vested in him at that time by the Congress of the United States, and that there was every reason to expect that a satisfactory arrangement might be made upon the points of the colonial trade which had been so long in dispute between the two countries.
As to the third condition referred to by you, specified in Mr. Canning's instructions, I have only to remark, that I never held any conversation with the members of the government of the United States, relative to it, until my late negotiation—or had ever mentioned the subject to his majesty's government—it having, for the first time, been presented to my consideration in Mr. Canning's despatch to me of the 23d January in which that idea is suggested, and is stated to have been assented to by Mr. Pinkney.
It would be unavailing, at the present moment, to enter upon an examination of the "pretensions set forth in Mr. Canning's letter of instructions" (which you are pleased to term) "extraordinary."
I consider it, however, to be my duty to declare that, during my negotiation with you which led to the conclusion of the provisional agreement, I found no reason to believe that any difficulties would occur in the accomplishment of the two former conditions, as far as it was in the power of the President of the U. S. to accede to the first, and consistently with the explanation which I have before given of the second point:—on the contrary I received assurances through you, that the President would comply (as far as it was in his power) with the first condition, and that there could be no doubt
that the Congress would think it incumbent upon them to assert the rights of the United States against such powers as should adopt or act under the decrees of France as soon as their actual conduct or determinations upon that subject could be ascertained—but that, in the mean time, the President had not the power, and could not undertake to pledge himself in the formal manner required to that effect.
I received also assurances from you, that no doubt could be reasonably entertained that a satisfactory arrangement might be made in a treaty upon the subject of the second condition mentioned in Mr. Canning's instructions according to my explanations of it in the foregoing part of this letter, but that it necessarily would form an article of a treaty in which the various pretensions of the two countries should be settled.
The third condition you, certainly, very distinctly informed me could not be recognized by the President, but you added what had great weight in my mind, that you did not see why any great importance should be attached to such a recognition; because it would be impossible that a citizen of the United States could prefer a complaint to his government on account of the capture of his vessel while engaged in a trade absolutely interdicted by the laws of his country.
Under these circumstances, therefore, finding that I could not obtain the recognitions specified in Mr. Canning's despatch of the 23d of January (which formed but one part of his instructions to me) in the formal manner required, I considered that it would be in vain to lay before the government of the United States the despatch in question, which I was at liberty to have done in extenso , had I thought proper. But as I had such strong grounds for believing that the object of his majesty's government could be attained, though in a different manner, and the spirit, at least, of my several letters of instructions be fully complied with, I felt a thorough conviction upon my mind that I should be acting in conformity with his majesty's wishes; and, accordingly, concluded the late provisional agreement on his majesty's behalf with the government of the United States.
The disavowal by his majesty is a painful proof to me that I had formed an erroneous judgment of his majesty's views and the intention of my instructions; and I have most severely to lament that an act of mine, (though unintentionally,) should produce any embarrassments in the relations between the two countries.
It is a great consolation to me, however, to perceive that measures have been adopted by both governments to prevent any losses and to obviate any inconveniences which might have arisen to the citizens or subjects of either country from a reliance on the fulfilment of that provisional agreement; and I cannot but cherish a hope, that a complete and cordial understanding between the two countries may be effected.
I beg leave to add that it would have given me great happiness to have contributed to so desirable an object, and to offer you the assurances of the great respect and high consideration with which I remain, Sir, your most obedient humble servant,
D. M. ERSKINE. The Hon. R. Smith, Esq. &c. &c. &c.
The Secretary of the Treasury to Mr. Erskine.
Washington, 13th August, 1809. Sir—I do not believe, that in the conversations we have had respecting the practicability of an adjustment of the differences between the United States and Great Britain, we ever have misunderstood one another. Yet as from Mr. Canning's instructions lately published by your government, it would seem that some opinions are ascribed to several members of this administration, which they did not entertain, it appears necessary to ascertain whether on any point a misapprehension can have taken place.
I will forbear making any observations on what in the instructions is called the third condition, since it is not asserted that that inadmissible proposition was suggested at Washington.
The points embraced in Mr. Canning's first proposition formed the principal topic of our conversations, relative to a revocation of the orders in council. Yet in the manner in which that proposition is expressed, it goes further than had been suggested by the members of the administration. It is sufficiently evident from the proceedings of Congress, both previous and subsequent to the unratified agreement of April last, that the United States intended to continue the restrictions on the commercial intercourse
with France, whilst such of her decrees as violated our neutral rights continued in force, and to remove those restrictions in relation to Great Britain, in the event of a revocation of the orders in council. But that state of things so far as it related to France was to result from our own laws known or anticipated by your government when they authorised an arrangement; and it was not proposed by us that the continuance of the non-intercourse with France should be made a condition of that arrangement. Whilst on that subject, I will add an observation, though perhaps not immediately connected with the object of this letter. I think that the object of that proposition, so far as it agreed with your previous understanding of the intentions of this government, has been substantially carried into effect on our part. It is true that your government might at the date of the instructions have expected from the incipient proceedings of Congress, that Holland would be embraced by the restrictive laws of the United States. Not only however was the omission nominal, since American vessels were at the time by the decrees of that country refused admission into its ports; but under the same construction of our laws by which the commercial intercourse with Holland was permitted, that with Portugal was also considered as legal in the event of that country being occupied by British troops in the name of the Prince Regent.
It is therefore principally as respects the second condition which relates to the colonial trade, that erroneous inferences might be drawn from the expressions used in Mr. Canning's instructions. Although the subject must have been mentioned here incidentally, and only in a transient manner; as it is one to which I had paid particular attention, and on which my opinion had never varied, I think that I can state with precision in what view I have always considered it, and must have alluded to it.
1. I never could have given countenance to an opinion that the United States would agree, or that it would be proper to make any arrangement whatever respecting the colonial trade, a condition of the revocation of the orders in council. The two subjects were altogether unconnected, and I am confident that such a proposition was never suggested either by you, or by any member of this administration. Such an arrangement could be effected only by treaty; and it is with a considerable degree of surprise that I see your government now asking not only resistance to the French decrees, but the abandonment of a branch of our commerce, as the price of the revocation of the orders in council. This seems to give a new character to a measure which had heretofore been represented as an act of retaliation reluctantly adopted, and had been defended solely on the ground of a supposed acquiescence on the part of the United States in the injurious decrees of another nation.
2. In the event of a treaty embracing all the points in dispute, and particularly that of impressments, without which I trust no treaty will ever take place, it was my opinion, and I may certainly have expressed it, that if the other subjects of difference were arranged that respecting the colonial trade would be easily adjusted. I had considered the principles recognized in a former correspondence, between Lord Hawkesbury and Mr. King on the subject of the colonial trade, and subsequently again adopted in the treaty negotiated by Messrs. Munroe and Pinkney, as a general basis agreed on under different administrations, by both governments, from which neither could now recede, and susceptible only of modification as to details. The instructions to our ministers in London on that subject had also been published & were known to your government. I therefore believed that the United States, in the event of a treaty, would still be disposed to waive for the present, in the manner and on the terms contemplated by those instructions, their right to that branch, and to that branch only, of the colonial trade, known by the name of direct trade , that is to say the trade carried directly from belligerent colonies to the belligerents in Europe, when that trade was not permanently in peace as in war permitted by the laws of the country to which those colonies belonged. The right to a trade between such colonies and the United States generally, and to that in colonial articles between the United States and other countries, never can, or will in my opinion, be abandoned, or its exercise be suspended by this government. On the contrary, it is solely in order to secure, by an express treaty stipulation, that trade against the danger of interruption, and thus by a mutual spirit of accommodation to avoid
collisions, that the abandonment of the direct branch can ever be assented to. Permit me therefore to request, that you will inform me, whether, you understood me on those two points, as I certainly meant to be understood; namely, that the relinquishment, during the present war, of what is called the direct trade, was alone contemplated; & that no arrangement on that subject was suggested as a condition of the revocation of the orders in council. I have the honor to be, with the highest respect and consideration, Sir, your obedient servant,
(Signed) ALBERT GALLATIN. Hon. D. M. Erskine, Minister Plenipotentiary, &c. &c.
Mr. Erskine to the Secretary of the Treasury.
Washington, Aug. 15th, 1809. Sir—I have the honor to acknowledge the receipt of your letter of the 13th inst. in which you have been pleased to say that although you do not believe that in the conversations we have had respecting the practicability of an adjustment of the differences between the United States and Great Britain, we ever have misunderstood one another. Yet, as from Mr. Canning's instructions, lately published by my government, it would seem that some opinions are ascribed to several members of this administration which they did not entertain, it appears necessary to ascertain whether, on any point, a misapprehension can have taken place."
In answer to your enquiries, I have great satisfaction in assuring you that there appears to have been no misunderstanding respecting the substance or meaning of the conversations which passed between us, as stated in Mr. Canning's instructions alluded to.
After the most careful perusal of your statement of the purport of our conversations, I cannot discover any material difference from the representation which I have made upon that subject to the Secretary of State (Mr. Robert Smith) in my letter to him of the 14th inst. to which I will therefore beg leave to refer you, as I have therein detailed the substance of the conversation according to my recollection of it; which is in every respect essentially the same as that which you seem to have entertained.
During the conversation which we held respecting the practicability of an amicable adjustment of the differences between the two countries, when the relinquishment by the United States during the present war, of what is called the colonial trade, was suggested by you, I conceived that you meant (as you have stated) "the trade carried directly from belligerent colonies to the belligerents in Europe, when that trade was not permanently in peace as in war, permitted by the laws of the country to which those colonies belonged."
I never supposed that you intended to convey an opinion that the government of the United States would make any arrangement respecting the colonial trade as a condition of the revocation of the Orders in Council, the 2 subjects being altogether unconnected; nor have I ever represented to His Majesty's government, that such preliminary pledges would be given.
With sentiments of the highest respect, I have the honor to be, Sir, your most obedient humble servant,
(Signed) D. M. ERSKINE. The Hon. Albert Gallatin, Esq. &c. &c.
The Secretary of State to Mr. Jackson Envoy Extraordinary and Minister Plenipotentiary of his Britannic Majesty.
Department of State, Oct. 9th, 1809. Sir—An arrangement, as to the revocation of the British Orders in Council, as well as to the satisfaction required in the case of the attack on the Chesapeake frigate, has been made in due form by the government of the United States with David Montague Erskine, Esq. an accredited Minister Plenipotentiary of His Britannic Majesty. And after it had been faithfully carried into execution on the part of this government and under circumstances rendering its effects on the relative situation of the United States irrevocable, and, in some respects, irreparable, His Britannic Majesty has deemed it proper to disavow it, to recall his Minister, and to send another to take his place.
In such a state of things, no expectation could be more reasonable, no course of proceeding more obviously prescribed by the ordinary respect due to the disappointed party, than a prompt and explicit explanation by the new functionary, of the grounds of the refusal on the part of his government to abide by an arrangement so solemnly made,—accompanied by a substitution of other propositions.

Under the influence of this reasonable expectation, the President has learned, with no less surprise than regret, that in your several conferences with me you have stated;
1st. That you have no instructions from your government, which authorise you to make any explanations whatever to this government, as to the reasons, which had induced His Britannic Majesty to disavow the arrangement lately made by your predecessor, and that therefore you could not make any such explanations.
2d. That in the case of the Chesapeake, your instructions only authorise you (without assigning any reason whatever why the reasonable terms of satisfaction tendered and accepted, have not been carried into effect) to communicate to this government a note tendering satisfaction, with an understanding that such note should not be signed and delivered by you, until you should have previously seen and approved the proposed answer of this government, and that the signing and the delivery of your note and of the answer of this government should be simultaneous.
3rd. That you have no instructions, which authorise you to make to this government any propositions whatever in relation to the revocation of the British Orders in Council; but only to receive such as this government may deem it proper to make to you.
4th. That at all events, it is not the disposition or the intention of the British government to revoke their Orders in Council, as they respect the United States, but upon a formal stipulation on the part of the U. States, to accede to the following terms and conditions, viz.
1st. That the act of Congress, commonly called the non-intercourse law, be continued against France, so long as she shall continue her decrees.
2d. That the Navy of Great Britain be authorised to aid in enforcing the provisions of the said act of Congress.
3d. That the United States shall explicitly renounce, during the present war, the right of carrying on any trade direct or indirect with any colony of an enemy of Great Britain, from which they were excluded during peace; and that this renunciation must extend, not only to the trade between the colony and the mother country, but to the trade between the colony and the United States.
If, in the foregoing representation, it should appear, that I have in any instance misapprehended your meaning, it will afford me real pleasure to be enabled to lay before the President a statement, corrected agreeably to any suggestions, with which you may be pleased to favor me.
To avoid the misconceptions incident to oral proceedings, I have the honor to intimate that it is thought expedient, that our further discussions, on the present occasion, be in the written form. And with great sincerity I assure you, that whatever communications you may be pleased thus to make, will be received with an anxious solicitude to find them such as may lead to a speedy removal of every existing obstacle to that mutual and lasting friendship and cordiality between the two nations, which it is obviously the interests of both to foster.
With the highest consideration, &c. (Signed) R. SMITH. The Hon. Francis James Jackson, Esq. &c. &c. Mr. Jackson to Mr. Smith, Washington, 11th October, 1809.
SIR—I have had the honor of receiving your official letter of the 9th inst. towards the close of which you inform me, that it had been thought expedient to put an end to all verbal communication between yourself and me, in discussing the important objects of my mission. Considering that a very few days have elapsed since I delivered to the President a credential letter from the King my Master, and that nothing has been even alledged to have occurred, to deprive me of the facility of access, and of the credit to which, according to immemorial usage, I am by that letter entitled, I believe there does not exist in the annals of diplomacy a precedent for such a determination between two Ministers, who have met for the avowed purpose of terminating amicably the existing differences between their respective countries: but, after mature reflection, I am induced to acquiesce in it by the recollection of the time that must necessarily elapse before I can receive his majesty's commands upon so unexpected an occurrence, and of the detriment that would ensue to the public service, if my ministerial functions were, in the interval, to be altogether suspended. I shall therefore content myself with entering my protest against a proceeding which I can consider in no other light, than as a violation, in my person, of the most essential rights of a public minister when adopted, as in the present case, without any alledged misconduct on his part. As a matter of opinion, I cannot, I own, assent to the preference which you give to written over verbal intercourse for the purpose of mutual explanation and accommodation. I have thought it due to the public character with which I have the honor to be invested, and to the confidence which His Majesty has most graciously been pleased to repose in me, to state to you unreservedly my sentiments on this point. I shall now proceed to the other parts of your letter, and apply to them the best consideration that can arise from a zeal proportioned to the increase of difficulty thus thrown in the way of the restoration of a thorough good understanding between our respective countries.
You state, sir, very truly, that an arrangement had been made between you and Mr. Erskine, and that His Majesty had thought proper to disavow that arrangement.
I have, here, in the outset, to regret the loss of the advantage of verbal intercourse with you, as I should have availed myself of it to enquire whether by your statement, it were your intention to complain of the disavowal itself, or of a total want of explanation of it, or of the circumstance of that explanation not having been made through me. I observe that in the records of this mission there is no trace of a complaint, on the part of the United States, of His Majesty having disavowed the act of his Minister. You have not in the conferences we have hitherto held, distinctly announced any such complaint, and I have seen, with pleasure, in this forbearance, on your part, an instance of that candor, which I doubt not will prevail in all our communications, in as much as you could not but have thought it unreasonable to complain of the disavowal of an act, done under such circumstances, as could only lead to the consequences that have actually followed.
It was not known when I left England, whether Mr. Erskine had, according to the liberty allowed him, communicated to you in extenso his original instructions. It now appears that he did not. But, in reverting to his official correspondence, and particularly to a dispatch addressed on the 20th of April to His Majesty's Secretary of State for Foreign Affairs, I find that he there states, that he had submitted to your consideration, the three conditions specified in those instructions, as the ground work of an arrangement which, according to information received from this country, it was thought in England might be made with a prospect of great mutual advantage. Mr. Erskine then reports verbatim et seriatim your observations upon each of the three conditions, and the reasons which induced you to think that others might be substituted in lieu of them. It may have been concluded between you that these latter were an equivalent for the original conditions; but the very act of substitution evidently shews that those original conditions were, in fact, very explicitly communicated to you, and by you of course laid before the President for his consideration. I need hardly add, that the difference between these conditions and those contained in the arrangement of the 18th and 19th April, is sufficiently obvious to require no elucidation; nor need I draw the conclusion, which I consider as admitted by all absence of complaint, on the part of the American government, viz. that under such circumstances, His Majesty had an undoubted and incontrovertible right to disavow the act of his Minister. I must here allude to a supposition, which you have more than once mentioned to me, and by which, if it had any the slightest foundation, this right might perhaps have been in some degree affected. You have informed me that you understood that Mr. Erskine had two sets of instructions, by which to regulate his conduct; and that upon one of them, which had not been communicated either to you or to the public, was to be rested the justification of the terms finally agreed upon between you and him. It is my duty, sir, solemnly to declare to you, and, through you, to the President, that the dispatch from Mr. Canning to Mr. Erskine, which you have made the basis of an official correspondence with the latter Minister, and which was read by the former to the American Minister in London, is the only dispatch, by which the conditions were prescribed to Mr. Erskine for the conclusion of an arrangement with this country on the matter to which it relates.
To return to the immediate subject of your letter. If, sir, it be your intention to state, that no explanation whatever has been given to the American government of the reasons which induced His Majesty to disavow the act of my predecessor, I must, in that
case, observe, that in the instructions conveying to him His Majesty's intention, those reasons were very fully and forcibly stated; and if he has not transmitted them to you, I can only attribute it to the peculiar delicacy and embarrassment of his situation, for which he probably trusted to the President's good offices to make some allowance, and he might the more reasonably be led to that reliance on it, as a full and ample communication was also made upon the subject by His Majesty's Secretary of State for Foreign Affairs to Mr. Pinkney, to whom the whole of Mr. Erskine's original instructions was read, and who, it was natural to suppose, would convey to his government so much information upon a very momentous occasion, as would relieve Mr. Erskine from the necessity of entering into minute details of the misunderstanding that had occurred. At all events, no complaint can be substantiated against His Majesty's government on this score, seeing that they not only instructed the Minister who had made the disavowed arrangement as to the motives which occasioned the disavowal, but also with frankness, promptitude, and a most scrupulous regard to national honor, gave notice to the American Minister in London of the disavowal, of the motives of it, and of the precautions spontaneously taken by His Majesty to prevent any loss or injury accruing to the citizens of the United States from a reliance on any agreement, however unauthorised, made in his majesty's name. The mere allusion to this latter circumstance dispenses me from farther noticing the effects which you describe as being produced upon the United States by the circumstances of this agreement. How far they are irreconcilable it is not for me to determine—but the word irreconcilable seems to imply that a loss had been sustained on the occasioned by the public or by individuals of this country. So far as His Majesty could be by possibility supposed answerable for such an eventual loss, he has, as I have before stated, taken the utmost precaution to avert it.
As to the expectation entertained here, that the explanation of His Majesty's share in this transaction should be made through me, I might consent myself with simply observing, that I was not provided with instructions to that effect, because it was known that the explanation in question had already been given. But it accords with the sentiments of his majesty towards this country to observe also, that as a matter of course, at some time must necessarily elapse between my appointment and my entrance on the duties of my Ministry, it would be a more friendly mode of proceeding to state without delay, and through the channels I have already mentioned, the motives that compelled His Majesty to disavow the agreement, than to leave the American government in uncertainty in these respects. Till the unavoidably protracted period of my arrival in America, I say this in regard to the original notification of His Majesty's determination, and of the motives of it, which being already made, it could not be supposed in London that a repetition of them would be expected from me; and of course no such case has been foreseen in my instructions. But if, beyond this any incidental explanation or discussion should be wished for by this government, I came fully prepared to enter into them. I even consider them to have taken place between us. I have certainly derived great satisfaction from the several hours, which we have spent in conference upon these subjects, because they have enabled me to remove some misunderstandings, and to refute many misrepresentations; which you yourself informed me of, in regard to the conduct of the British government. I consider such mutual explanations as highly beneficial to a right understanding of the views and interests of the two countries, and I should with much pleasure have renewed them, if you had not informed me that the President had been pleased to prescribe another and a different mode of conducting our negotiations.
I will nevertheless avail myself of that mode which he still permits to repeat to you that His Majesty has authorised me, notwithstanding the ungracious manner in which his former offer of satisfaction for the affair of the Chesapeake was received, to renew that which Mr. Erskine was instructed to make. You have said that you so fully understood the particulars of that offer, that I deem it unnecessary to recapitulate them here; I regret that, since they were so clearly understood by you, you should not yet have been enabled to state to me either in our personal communications or in the letter which I am now answering, whether they are considered by the President as satisfactory, or whether they are such as he ultimately means to accept. You seem not so distinctly to have understood the form of proceeding in this affair, which I took the liberty of suggesting as likely to lead to a satisfactory result, without however at all precluding any other method which might appear preferable to you. My proposal was, not to communicate a note tendering satisfaction, but to agree with you before hand upon the terms of a declaration on the part of His Majesty, which should actually give the satisfaction (the conditions of which I informed you that I was authorised to carry into immediate execution) and of a counter declaration to be signed by you on the part of the United States for the purpose of accepting such satisfaction. I expressly stated that this interchange of official documents was not meant by me as the means of conveying to each other our respective sentiments; that I understood to be, as is
(Continued in Argus Extra.)
Virginia Argus.
RICHMOND, TUESDAY, DECEMBER 5, 1809.
FROM WASHINGTON.
To the Editor of the Virginia Argus, December 2, 1809.
Congress have just entered upon business. You will see in the newspapers what they have done. Mr. Giles's resolution will lead, I hope, to something worthy of the nation and worthy of himself. The President is as firm as a rock, and all the secretaries have advanced to the line where they mean to stand: There will be no flinching in the executive department, and I sincerely hope there will be no wincing in the legislative body. There is not a man in the cabinet who will not risk his place and his life too, rather than recede a step. You have by this time seen the correspondence. What do you think of it? The documents are all interesting. Jackson is a mere political dodger, who endeavors to save his head from the bulletings of our secretary of state. The President's message is a specimen of elegance and conciseness, and force in composition. He is not, perhaps, so gigantic in the grasp of his intellect as our venerable Jefferson; but he is more invulnerable. The sage of Monticello is, in my estimation, a perfect Ajax Telemon in mind; but Madison is the mental Achilles of America. The blows which Mr. Jefferson dealt around him were, indeed, tremendous, yet many recovered from the stroke, and he frequently left himself open for attack; but from the blow of Mr. Madison no intellect ever revives, and he is so guarded at all points that he is invulnerable to the shafts of the keenest archer. The heel of Achilles was open to the infliction of a wound; but Minerva has been more kind to Madison; she has dipped him so completely in the fountains of Genius and Wisdom, that all his faculties are sanctified and unsusceptible of injury. These are no invidious comparisons: the men are both great; even great enough for immortality through the medium of history. What think you of the style of our new Secretary of State? His pen is the spear of Ithuriel; there is dignity and legitimate logic in every letter. Jackson, like the Devil in Paradise, attempts delusion in a variety of shapes; but he was not, like Satan, eventually successful. He has been detected and exposed on the tree of life, as well as in the recess of pomposity; as well in the affair of the Chesapeake, as in that of the orders in council. Mr. Smith bewrayed his deformity, and the demon has spread his wings and flown away. The British envoy lets himself off every now and then in a declamatory vein, and the tories cry out, charming! The silly asses know as much about literary composition as they do about political honesty.
Jackson presents but three important points for consideration, to wit:
1. That Great-Britain will never cease to maintain the orders in council, in one shape or another, unless America will make a compact amounting to the same thing. 2. That his Britannic majesty will, whenever it suits his dignity, and is required by British smugglers, totally interdict all American trade with France, Holland, &c. 3. That no reparation will be made for the attack on the Chesapeake, unless the United States will admit the right of Great Britain to seize British born subjects and deserters from his
majesty's service on board American vessels.
Now, sir, examine the correspondence over and over again; analyze it, dissect it, and it amounts precisely to what I have numerically stated. It is true, the envoy has garnished his doctrine and principles with words, words, words—he has smothered them "like a goose in onions," with allusions to the dignity of his sovereign, and apostrophes to the magnanimity of "a great and powerful monarch;"—but what does all this signify? We must not be led away by sound. We must investigate things nicely, for in that way only can we get at truth.—Take notice how Jackson shuffles off from the candid statement submitted to him by Mr. Smith; observe how he not only belies the government, but belies himself, in Oakley's note, where he misstates the true cause of his dismissal, which was not for asserting and adhering to facts, as he avers; but for declaring that he had made no insinuation where he could not substantiate a fact. And where is this boasted substantiation? It is no where to be found, and can at no time be produced.
Virginia Legislature.
VIRGINIA: GENERAL ASSEMBLY, begun and holden at the capitol in the city of Richmond, on Monday the fourth day of December, in the year of our Lord one thousand eight hundred and nine, and of the commonwealth the thirty-fourth.
ON which day, being the day appointed by law for the meeting of the General Assembly, such of the members of the House of Delegates as appeared, having taken the oaths prescribed by law, took their seats in the house; and a majority of the whole number being present,
Ordered That James Pleasants, Jun. be appointed Clerk to this House.
Mr. Madison, one of the Delegates for the county of Madison, reminded the House of the necessity of proceeding to the choice of a Speaker, and recommended J. M. Barbour, Esq. one of the Delegates for the county of Orange, as a person who had given evidence of his ability and fitness to discharge the duties of that office; and he was seconded in the nomination by Mr. Wyatt, one of the delegates for the county of Charlotte.
Whereupon, Resolved, That the said J. M. Barbour, Esquire, be appointed Speaker to this House; who being conducted to the chair, made his acknowledgments to the house for the honor conferred upon him.
Ordered, That Henry Moss be appointed Sergeant at Arms to this house.
Ordered, That William Drinkard, Edward Clarke, Anthony Davis and Henry Saufhall, be appointed door keepers to his house.
On motion, ordered that a writ of election issue to the county of Henrico to supply the vacancy occasioned by the acceptance by Gervase Storr, Esq. (one of the delegates returned to serve in this present General Assembly for the said county) of the office of high sheriff of the said county.
On motion, ordered that the rules adopted by the house for the government of their conduct during the last session, be adopted by this house for the government of their conduct during the present session.
The Speaker laid before the house a letter from the Governor, accompanied by sundry documents for the consideration of the General Assembly.
On motion, ordered that the said letter with the accompanying documents be laid upon the table.
On motion, ordered that one thousand copies of the said letter be printed for the use of the members of the General Assembly.
Resolved, That when this house adjourns to day it will adjourn till tomorrow 12 o'clock. And then the house adjourned till tomorrow 12 o'clock.
In order to give as much of the interesting documents accompanying the President's message to Congress as possible this day, we have published an extra half sheet, and hope to be able to give the residue of those valuable papers in Friday's Argus.
MARRIED—On the 25th of November, by the Rev. Mr. Boggs, JOHN HORACE UPSHAW, Esq. a member of the Senate of Virginia, to the accomplished and greatly admired Miss LUCY ELIZA T. BAYLOR, daughter of the late John Baylor, Esquire, of New Market.
NOTICE. It is the subscriber's wish to settle all debts contracted for, and to get in all moneys due John Granbery Esq. as respect the Columbian Mills. It is to be hoped that indebted will come forward and pay off their accounts, and all those that have claims will come forward and receive payment without delay.
SAMUEL LEACH. Columbian Mills, Dec. 5th, 1809.

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. N. B. The highest price given for wheat. H. P.
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, 1809. tf
NEW MEDICINE STORE. THE Subscribers have recently taken a store, near the Market Bridge, opposite Messrs. White and Shelton's, where they offer for sale a very general assortment of DRUGS & MEDICINES; a few of which are enumerated, viz: Sum Aloes, Ammon, Asa Foetida, Arabic, Guaiac, Gamboge, Myrrh, Opium, Copal, Shell Lac, Tragacanth, Aqua Fortis, Annatto, Arrow-Root, Camphor, Cowhage, Red and Pale Bark, Cream Tartar, Chamomile Flowers, Mezguisia, Ipecac, Calomel, Tartar Emet, Essence Bergamot, Lemon, Spruce, Cloves, Nutmegs, Mace, Cassia, &c. &c. &c. Patent Medicine, Steel's Chemical Opiate, Bedec, Bateman's Drops, British Oil, Essence Peppermint, Turlington's Balsam of Life, Dr. Rawson's Celebrated Ich or Beautifying Ointment, Do. do. Genuine Anti-bilious and Stomachic Bitters, Do. do. Worm Powders, Wheaton's Itch Ointment, Docter Lee's Genuine Windham Biliious Pills, Anderson's do. Hooper's do. Dr. Thompson's Aromatic Tooth Paste, Do. Eye Water, FebriFuge, Elixir for Ague and Fever, Hinkley's Infatible Remedy for the Piles, Dr. Cooley's Vegetable Elixir or Cough Drops, Genuine Spice Bitters.
ALSO A general assortment of PAINTS & DYING DRUGS —all of which will be sold as low as at any other store in this city. Medical practitioners and gentlemen who are in the habit of using medicine in the country, will do well to call  WALL & ROGERS, Richmond, 29th Aug. 1809.
A BANK NOTE of ONE HUNDRED DOLLARS was taken from a black boy who called himself James Smith, & says he found it in the street—No 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 19th, 1809. tf
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 at the Christmas, was employed by Mr. Henry L. Ellice of Manchester in his tobacco attorney. 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. James Henderson. 20th June, 1809. tf
IN COUNCIL, Sept. 19th, 1809. It is advised, that from and after the 1st day of January next, the Auditor be instructed in every case where any claim by virtue of an order or certificate of court is presented to him by a person whose name is not mentioned therein, to require such person to produce also an order or power of Attorney from the individual in whose favor such order or Certificate of court was made, together with an affidavit of one witness at least, certified by a Magistrate or Notary Public, that such individual actually signed and acknowledged the same. And to give general information of this rule, it is advised, that a copy hereof be published in the Virginia Argus, Enquirer, Petersburg Intelligencer, Norfolk Herald, Lynchburg Star, Staunton Eagle, and Winchester Gazette, once a week, until the first day of January next. Extract from the Journal, (will)  DANIEL L. HYLTON, c. c.
BY virtue of a deed of trust executed by John Dennis to the subscriber, bearing date the 25th day of July, 1807, of record in the county court of Richmond, for the purpose of securing a debt due to Ezekiel Levy; will be sold, at Farnham Church, on the 6th day of December next, to the highest bidder, under the provisions of the act of assembly passed last session, entitled "an act concerning executions and for other purposes;" the following property conveyed by the said deed, to wit—Schaeffer Henry, of Tappahannock, with all her apparel, and sundry negroes, whose names are Sarah, Sam, George, Hannah, and Joe; three horses, ten head of cattle, and five feather beds and furniture, or so much of the said property as will raise the sum required. Provided the day of sale above mentioned should be bad weather, the sale will take place the first fair day after. B. McCARTY, Trustee. Richmond County, 11th Nov. 1809. 3w
For sale at this office, A FEW COPIES OF BISHOP MADISON'S MAP OF VIRGINIA.
FOR SALE. —A handsome, second hand, London built CHARIOT, which has been but little used and is in a good state of preservation. Apply to the printer, or to Mr. HUGHES, coach maker, opposite the Old City Tavern, where the carriage may be seen. tf
BLACKSMITH FOR SALE.  FOR SALE, a most valuable Blacksmith about 32 years of age. He is a stout well disposed negro; and probably inferior to no smith in the State. Enquire of the printer. September, 11th 1809. (3m)
THE Subscriber wishes to employ TWO good Workmen in the Wheelwright business, to whom good wages will be given: the workmen may be at liberty to work by the piece.—Also two Apprentices are wanted to the Wheelwright business. A. Quarrier. Richmond, 8th Oct. 1809. [tf
A PETITION will be presented to the next General Assembly for leave to dispense with the Lock required to be built at my Mill Dam until some efficient measures shall be adopted for improving the navigation of Banister River.  JOHN WIMBISH. Oct. 13th, 1809.
NOTICE —The subscriber having administered upon the Estate of the late MR. JOHN HUGHES, senr. of Cumberland, and now Powhatan county, it is earnestly requested if there be any demands against that Estate, that they may be brought forward on or before the first day of January next, properly authenticated, and receive payment, as I intend to make a division of the residue of that Estate immediately after the said first day of January next, after which this advertisement will be plead in bar against any claim whatsoever.  JOHN CUNLIFFE, Admr. with the will annexed. Coalpits, Chesterfield county, 16th Oct. 1809. (1J)
CASH will be given for a good male house servant and female cook.  JOSEPH TRENT. Oct. 27th, 1809. tf
NEW STORE.  THE SUBSCRIBER, is now opening, opposite the GLOBE TAVERN, a General Assortment of Piece and Fancy GOODS; AMONGST WHICH ARE, Superfine and Com. White and colour-ed Habit do. Do. do. Cassimere. Cambric Muslins Do. do. Coatings. Plain and Seeded Flannels. Mull. do. Fancy Vesting. Spider Nett and Red & Black Bom. Fancy Crape do. bazzets. Knotted and Sprig'd Worsted, Cotton & Leno do. Silk Hosiery. Diagonal and Veined Ginghams. Elegant Worked Cotton Shirting, Irish Linen and Dresses. Dowlas, Ditto Silk Shawls & Fine and common Handkerchiefs, Printed Calicoes, Black Plain and Plain Velvets, Coloured Lustings, Cords, Plain, Silk and Fancy Umbrellas, Cy Cu Velvets, Threads, White Satin and Sewing Silks, Crapes, &c. &c. Extra long white and coloured Kid Gloves,  JOHN WOOD. Richmond, Nov. 10, 1809. t. f.
AT a meeting of the directors of the Richmond Turnpike Company on Wednesday evening, the 15th of November, 1809.
Resolved, That all shares of delinquent holders of shares in the said company be sold at the Washington Tavern in the city of Richmond on the 19th day of next month at 12 o'clock.
Resolved, That a call of five dollars on each share be paid by the share-holders to the company to its treasurer, on or before the first day of December next. A Copy, N. SHEPPARD, Clk.
FOR SALE. 150 Boxes English Crown Glass, 12 14 16 18 20. 50 Boxes Baltimore ditto, 10 12 14 16 18 20. 300 Kegs English White Lead. 100 Do. Spanish Brown. 100 lb. Pnty. 1500 lb Seine twine. An extensive assortment of American and Swedish Iron, amongst which are 12 ton suits for Hoes and Axes, 2 ton American and German Steel, 12 Boxes Cotton of a Superior quality, with our usual assortment of Groceries  RUSSELL & WALLACE. Richmond, Nov. 20, 1809. 2m.
THE GRAND LODGE OF VIRGINIA will meet in the Mason's Hall, in the city of Richmond, at 6 o'clock in the evening of the second Monday in December next, being the 11th day of the month. November 19th, 1809. tdm
FOR SALE. 30 bds brn. Sugar 50 boxes fresh raisins 100 bds do. do. 50 boxes soap 20 bds loaf do. 10 casks sherry wine 1500 bds green Coffee 10 do. malaga do. 2000 yds. twill'd sack 30 bags pepper 10 ton hoop Iron. 25 bags ginger 60 lbs sewing Silk 100 reams writing pa. 6 whs Rye Whisky per 10 gross Eagle playing 15 boxes chocolate cards Blistered steel, shot, 5 bcs refined salt pe. shoes, gauging rods, 15 bds Tanners oil &c. &c. Apply to  HOVEY & SIZLER. Richmond, Nov. 20 1809. 3w
FOR RENT. —The House & Lot at present occupied by Mr. George Watt, situated on the east side of Shockoe creek. For particulars apply to Mr. Watt or to JOSEPH GALLEGO.
FOR SALE, between 4 and 500 acres of GLOUCESTER LOW GROUNDS. That valuable plantation called SHIP YARD belonging to the estate of the late Benjamin Dobney, situated on Ware River. It is well timbered and convenient for fish and oysters. Terms may be made known by application to  TH: G. SMITH, Exr. and SARAH DABNEY, Exr. November 4, 1809. 2mp
FOR SALE, A TRACT OF LAND, in the county of Cumberland, within a mile of Farmville, containing four hundred acres, not quite half of which is cleared. The remainder is for the most part prime tobacco land, uncommonly well timbered and watered. The cleared land is generally in excellent heart. There are on the tract a commodious framed granary shedded all around and two tobacco houses.—The situation is esteemed uncommonly healthy. If not previously sold, it will be offered at public sale, on Friday the first day of December next, in the town of Farmville—where also, the subscriber has for sale an excellent well built small dwelling house with a commodious store house and lumber house adjoining, with good cellars, &c.  MR. EDWARD RADFORD, who lives adjoining the land, will show it to any one disposed to purchase.  JOHN RANDOLPH. November 1st, 1809. Gw
BOARDING FOR DELEGATES.  WILLIAM RALEIGH, has taken the house belonging to David Bullock, Esq. west from the capitol, and lately occupied by William Wirt, Esq. He can accommodate from 15 to 20, and shall make preparations for that purpose. He begs leave to inform his friends as well as those who may confide in him, that he will devote himself with the greatest attention to give satisfaction to them, as well as to obtain the approbation of his own mind.
NOTICE.  MUTUAL ASSURANCE SOCIETY.  ANNUAL GENERAL MEETING. THE Annual General meeting of the Mutual Assurance Society against fire on buildings of the State of Virginia, will be held by adjournment, at the capitol in the city of Richmond, on the second Monday in December next, being the seventh day of December.  SAMUEL GREENHOW, P. Agent M. A. S. Richmond, 10th Nov. 1809.
P. s. As much inconvenience and unnecessary expense results from the present mode of collecting the contributions of the members; which annually diverts a considerable part of those contributions from the uses for which they were intended—burdens individuals with heavy costs and greatly delays the collections, to the injury of the credit of the society, the general meeting at their last annual session, applied to the legislature to authorise a more certain, expeditious, and less expensive mode of collection—their application was rejected, under an impression that the members of the society might not approve of this act of their proxies. Having been informed that a similar proposition will be submitted to the consideration of the next general meeting, and believing some amendment in that respect necessary to the prosperity of the institution, I have thought it proper to give this public notice thereof.  E. GREENHOW, P. A. Other printers in this city are requested to insert the above in their papers till the eleventh December next. S. G.
WILL BE SOLD, at Buckingham courthouse, for ready money, on the 8th day of January next (it being court day) by virtue of a deed of trust executed by Charles Talley to Henry Rawlins and David Bell, as trustees, for the purpose of securing a debt therein mentioned due to the executor of John Adcock, dec. a TRACT OF LAND, containing 140 acres, lying and being in the said county, between the two Buffalo creeks, branches of Willis's river, and in the neighborhood of Caura.  HENRY RAWLINS, surviving Trustee. Nov 9th, 1809. 4w
WILL BE SOLD. —To the highest bidder, at Haley Cole's tavern, in the county of Chesterfield, on the 9th of December next, one fourth part of a valuable Coal Mine, on Falling creek, in said county, containing 34 1/2 acres, more or less, and commonly known by the name of "Union Pits." The pits have only been worked to an extent to ascertain that the mines are of sufficient thickness to be rated among the best seams or beds of coal now known.—Also will be sold at the same time and place, one twentieth part of the pits commonly called Ellison and Woolridge's pits, containing 103 acres, more or less, and immediately joining the other. An indisputable title will be made to purchasers, and the terms made on the day of sale.  JAMES CHEATHAM. Nov. 22. 1809. tds
BOOKS for Sale. JUST received and for sale by S. Pleasants Richmond, a few copies of the following valuable works:—The Ameri an Annual Register, vol 4th.—Bordley's Husbandedry—Woman, a new novel by Miss. Owen—Burdet's Village Sermons—Gurney's System of Sheet hand writing—Perguson's Lectures, a new edition—Marshall's Life of Gen. Washington—Thompson's seasons, a cheap edition for the use of schools—Russell's ancient and modern Europe—Carey's general atlas, (the best collection of Maps yet made in this country)—Morse's Universal Geography—Goldsmith's natural History—a general assortment of quarto Family Bibles, with and without plates, concordance, psalms, &c. &c. from $3 50, to $12 each—Gibson's surveying—American Clerk's Magazine—Walker's pronouncing Dictionary—also, school Bibles, Testaments and Spelling Books. JUST PUBLISHED, And for sale at Samuel Pleasants, Jr's Printing Office, between the Bell Tavern and the Market-bridge, Richmond;  The Virginia Almanac. FOR THE YEAR 1810, Adapted to the Latitude and Meridian of Richmond; By BENJAMIN BATES.
FOR SALE. JUST received and for sale by S. Pleasants Richmond, a few copies of the following valuable works:—The Ameri an Annual Register, vol 4th.—Bordley's Husbandedry—Woman, a new novel by Miss. Owen—Burdet's Village Sermons—Gurney's System of Sheet hand writing—Perguson's Lectures, a new edition—Marshall's Life of Gen. Washington—Thompson's seasons, a cheap edition for the use of schools—Russell's ancient and modern Europe—Carey's general atlas, (the best collection of Maps yet made in this country)—Morse's Universal Geography—Goldsmith's natural History—a general assortment of quarto Family Bibles, with and without plates, concordance, psalms, &c. &c. from $3 50, to $12 each—Gibson's surveying—American Clerk's Magazine—Walker's pronouncing Dictionary—also, school Bibles, Testaments and Spelling Books.
JUST PUBLISHED, And for sale at Samuel Pleasants, Jr's Printing Office, between the Bell Tavern and the Market-bridge, Richmond;  The Virginia Almanac. FOR THE YEAR 1810, Adapted to the Latitude and Meridian of Richmond; By BENJAMIN BATES.
BY virtue of a deed of trust executed to me by Richard St. John, for the purpose of securing to Thomas Reader several sums of money therein mentioned, I shall on the 22d December next, by public sale, to the highest bidder, at Rough Creek Church, sell a TRACT OF LAND, conveyed in said trust for that purpose, of 143 acres, be the same more or less, lying on the waters of Turkey Creek, adjoining the lands of William Taylor, Thomas Scott, John Sandifer's estate, Wood Lawrence, & Wood Jones's estate, which sale will be made in conformity to an act of assembly passed 31st January, 1809, entitled an act concerning executions and for other purposes. I shall convey such title only as is vested in me by said trust.  G. BARKSDALE. November 20th, 1809. w3p
LANDS FOR SALE. —One tract in Louisa County, on Fork Creek, containing about seven hundred acres. This is superior qualified tobacco land and is kind to the growth of a kind of grain; it has about 50 acres of excellent creek low grounds and a very valuable tract for a grist mill; it has also to recommend it good water, good apple, peach and cherry orchards and all requisite houses for the accommodation of a family. Also my claim to one fourth part of an undivided tract of land in the Disimal Swamp, about 15 or 20 miles from Norfolk, containing near or about 13,000. The remarkable timber growth on this land, its abundance and its proximity to Norfolk, would render it an object with any person that wishes to engage in the exportation of lumber when our make affords a vent. One tract in Jefferson county, State of Kentucky, on the waters of Floty's fork, about twelve or fifteen miles from Seyvill, containing about 1100 or 1200 acres. And one tract in Barren County (Ky.) containing between 5 and 600 acres. I will barter those lands for Negroes or exchange them for lands in Mississippi Territory, near Natchez, or on the Tombigby.  TH: S. SMITH. Smithfield, Louisa County. 14m3m
THE subscriber offers for sale one of the most VALUABLE ELITEL HIGH LAND PLANTATIONS, in the middle country, lying on the So. side of the Buckingham road, three miles above Powhatan courthouse, containing by a late survey 519 acres. It is about nine miles from James River; three from Appomattox, and in a neighborhood abounding with manufacturing mills. Not more than one hundred acres of this tract is cleared, and that (except ten acres) within the last seven years. A new overseer's house and kitchen, corn house and two good tobacco houses, are the only improvements at present. The soil is rich and will be put up by Christmas. One third of the purchase money will be required in hand and the balance in one and two years, with interest if not punctually paid, and a deed of trust on the land, to secure the two last payments. The purchaser will be permitted to sow wheat. Also, three lots in Richmond, one adjoining Mr. Southgate's lot above Mrs. Singleton, and Nos. 27 and 28 in Duvall's plan. One fourth will be required on making the deed, another fourth in negotiating, the balance at six months, well endorsed, and the balance in twelve and eighteen months, secured by deed of trust on the lot. I would also BARTER for NEGROES, nine UPPER APPOMATTOX CANAL SHARES, and a two year old BUZZARD PHILLY, out of a thorough bred Dare De Vill. Mare. The land will be shown by Mr. Adams, living thereon, and the price of all the above property by applying to William Randolph of Wilton, or the subscriber.  WM. BERKELEY. Powhatan, 22d July, 1809. ontf
GEORGE WATT, HAS just received and offers for sale—Sicily Madeira and Sherry Wine, by the hhd. and qr. cask; Green Coffee; Orleans Sugar by the hhd; German Platillas Simples by the piece or case; half point Glass Tumblers, in cases of 1000 each—and New York Soap and Candles.  ON HAND, —Madeira Wine—Orleans and Muscovado Sugar—Green Coffee—Molasses—Prime Pork—Liverpool and Stone-Ware—Soucouh, Hyson Skin and Gunpowder Tea—Spanish Segars—Raisins—Almonds—Nutmegs—Window Glass—Men's and Women's Snoods— which he will dispose of by wholesale on reasonable terms. Richmond, 20th July 1809.
VIRGINIA: At a superior court of chancery held at the capitol in the city of Richmond, the 21st day of September, 1809. John Lambert, representative and devisee of George Harmer, deceased, Plt. AGAINST Thomas Key, Henry Key, William Bibb Key, Daniel, John Key, Tandy Key, Joshua Key, Walter Key, John White and Martha his wife, descendants and heirs or devisees of Martin Key, deceased, Defs.
THE defendants Thomas Key, Henry Key, William Bibb Key, James Key and Daniel, not having entered their appearance and given security according to the act of assembly, and the rules of this court, and it appearing to the satisfaction of the court, that they are not inhabitants of this country, on motion of the plaintiff by counsel, it is ordered, that the said defendants do appear here on the first day of the next term, and answer the bill of the plaintiff; and that a copy of this order be forthwith inserted in some newspaper published in the city of Richmond, for two months successively, and posted on the front door of the capitol in the said city. A Copy—Teste, PETER TINSLEY, c. s.
FOR sale at this office,  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, mortgages, trust, &c.
At a court held for King and Queen county, at the courthouse, on Monday the 21st day of October, 1809. Joseph Mann, Plt. AGAINST John Lumpkin & James Lumpkin, Chancery & Thomas Jeffries, Defs. THE defendant James Lumpkin 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 the said defendant James Lumpkin is not an inhabitant of this commonwealth, on the motion of the plaintiff by his counsel, it is ordered, that the said defendant James Lumpkin do appear here on the second Monday in January next and answer the bill of the plaintiff, and that a copy of this order be forthwith published in some public newspaper printed in the city of Richmond, for two months successively, and that another copy be posted at the front door of this courthouse. A Copy—Teste, RO: POLLARD, C. C.
VIRGINIA: In Chancery—In Halifax County Court, 24th October, 1809. BETWEEN Anne Morton, formerly Anne Cobb, Howell Riley and Milly his wife, formerly Milly Cobb, Nancy Cobb, Betty Cobb, John Cobb, Isabella Cobb, James M. Cobb and Patsy Cobb, who are heirs & devisees of John Cobb, deceased, and which said Nancy, Betty, John, Isabella, James and Patsy, being under age, appear by Anne Morton their natural guardian and next friend. Plt. AND Thomas Cobb, James Cobb, Thomas Cobb, John Cobb, and Cynthia Cobb, which some last mentioned defendants, are the children of Jas Cobb, the older, deceased; and William M. Watkins and Benjamin Morton, Defs. THE defendants Thomas, James, Thomas, John and Cynthia Cobb not having entered their appearance and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that they are not inhabitants of this commonwealth, on motion of the plaintiff by their counsel, it is ordered, that the said last named defendants, do appear here on the fourth Monday in February next and answer the bill of the plaintiff—and that a copy of this order be forthwith inserted in one of the newspapers published in the city of Richmond for two months successively, and posted at the front door of the courthouse of the said county. A copy—Teste, SAMUEL WILLIAMS, d. c. u. c.
SHAPARD & LUCKE have received a general assortment of GROCERIES consisting of, Sugar, Coffee, W. I. Rum, Country Gin, Whiskey, Sherry and Madeira Wine, Pepper, Pimento, Ginger, Imperial Tea, English Mustard, Salt in Sacks. ALSO, Earthen, Glass, China, and Stone Ware; German, Crowley and Blistered Steel; Bar Iron, Nail Rods, Soot Leather. Writing, Wrapping and Printing Paper, Spanish Segars, Cotton Cards, Shot, Powder, Window Glass, Indigo, Copperas, Allum, Logwood, Cut Herrings, &c. &c. which they offer low for cash, country produce, or approved paper. N. B. Cash given for flour as usual. Nov. 6, 1809. wtf
NOTICE to all whom it may concern, that a petition will be presented to the next general assembly, praying that a law may pass to annul and make void the powers vested in Thomas Pollard, of Kentucky, Edmund Pendleton, of Caroline, and William Pollard of Powhatan county, appointed trustees by Thomas Underwood and Jane Dandridge, now Jane Underwood, at the time of their intermarriage. November 3d, 1809. vima
NOTICE. —By virtue of a deed of trust executed by Joshua Smithy of the county of Amelia, to Dabney Miller his security, and Benjamin Chapman and Thomas Randolph trustees. I shall proceed to sell on the 14th December the following property, viz. A water Grist Mill, Cotton Machine, and Whiskey Distillery with 5 or 6 acres of Land attached to the same, and eleven Negroes consisting of Men, Women, Boys, and Girls, or so much of the said property as will raise the second and fourth instalments contained in the said trust, with interest on the same, and all other expenses in carrying the said trust in execution—the sale will certainly take place on the above date and at the said Mill in the upper end of Amelia near Ligangtown on Appomattox river. The above property will be sold for cash, agreeable to the proviso of the sixth section of the act passed 31st January, 1809, for the indemnity of security.  BENJAMIN CHAPMAN, Trustee. Nov. 10, 1809. (w4tp)
RAGS. THE SUBSCRIBER WILL PAY THE HIGHEST PRICE FOR  LINEN or COTTON RAGS; (For the VIRGINIA MANUFACTORY.) AND will contract with country Storekeepers for all they may be able to collect, which will be paid for in cash, on delivery at my store, near the Courthouse; where may be had a general assortment of GROCERIES, BOOTS, SHOES, & PATENT NAILS.  WILLIAM FARR. Richmond, 22d Jan. 1809. w12m
JUST RECEIVED FROM NEW YORK, AND FOR SALE AT THIS OFFICE, A FRESH SUPPLY OF  CHURCH'S & LEE'S GENUINE  Patent Medicines. INCLUDING Worm Lozenges, Cough Drops, Restorative Balsam, Hamilton's Elixir, Essence and Extract of Mustard, Hahn's Antibilious Pills, Itch Ointment, Eye Water, Eye Salve, Ague and Fever Drops, Vegetable Lotion, Alterative Pills, Hill's Balsam of Honey, Turlington's Balsam, Anderson's Pills, Antispasmodic or Fit Drops, &c. &c.

the prohibitory law of this country in re- lation to France, the essential difference be- tween their repeal and their existence consists in this—that in the case of their repeal, as pledged by the arrangement of April, the trade of the United States might be carried on directly with the ports of Holland, whilst dur- ing their existence as at present, it is to be carried on through the contiguous and neigh- boring ports.
It remains to make a few observations which are due to the just interests of the United States, and which are invited by yours relating to the order in council of May last.
You seem to consider that measure as comprising the utmost precaution, that was in the power of his Britannic majes- ty to take, for preventing losses, from his disavowal, of the engagement of your predecessor, to citizens of the U. States, who had resumed their commercial pur- suits on the faith of that act.
Without entering into a full view of the inadequacy of the order in that respect, I take the liberty of pointing out the follow- ing instances in which it falls essentially short of its declared intention.
1. The order does not provide for the important case of vessels returning with cargoes from the ports of Holland.
2. The exemption from interruption of vessels bound from the United States to Holland was restricted by that order to such as should have departed prior to the 20th of July, of which date it is not certain that the order, which was not officially communicated until the 31st of that month had even reached any one point of the U. S.
It is true, in these last instances the ves- sels were not to be captured without an attempt after contrary warning, to pro- ceed to those ports. But I need no re- mind you that the injuries incident to the delay and to the breaking up of such voy- age cannot but have been considerable, and will have resulted as manifestly from the disappointed faith in the arrangement, as in the cases specially provided for, and consequently with all other losses fairly resulting from the same bona fide confi- dence in that act, they will fall within the just indemnification for which the princi- ple, assumed in the order, is a formal pledge.
I conclude, sir, with pressing upon your candid attention, that the least which the President could have looked for in conse- quence of the disavowal of a transaction such as was concluded by your predeces- sor and carried faithfully into effect by this government, was an explanation from yours of the disavowal, not through his suc- cessor—or an explanation founded on reasons strong and solid in themselves, and pre- sented, neither verbally nor vaguely, but in a form comporting with the occasion, and with the respect due to the character and to the good faith of the disappointed party—that it has been found with much concern and with not less surprise, that you are charged with no such explanation—that you have apparently wished to bring the subjects, which have been formally and definitively arranged, into fresh nego- tiation, as if no such arrangement had ta- ken place; that one of the cases thus slighted, viz. that of the frigate Chesapeake, is a case for which reparation, not denied to be due, had been previously so long withheld, or rather in which the ag- gression itself has been spun out, to the present moment, by the continued deten- tion of the mariners, whose seizure, mak- ing a part of the original hostility com- mitted against the American frigate, must be regarded in a light analogous to a con- tinued detention of the ship itself;—that in the other case, viz. that of the orders in Council, you are not authorised to tender explanations for the disavowal or to pro- pose any new arrangement, nor to conclude any agreement, but solely to receive and to propositions which might be made not concealing, at the same time, that, satisfactory, they must include conditions, both inadmissible—one, al- most equivalent to the subject, and the other, nothing less than a sur-
national sovereignty. Notwithstanding these repulsive consid- erations, such is the disposition of the President to facilitate a final and com- prehensive accommodation between the two nations, that he is ready, as I have alrea- dy had the honor of signifying to you, to favor any mode of bringing about so hap- py an event that may be found consistent with the honor and essential interest of the United States.
I have the honor to be, &c. (Signed) R. SMITH. The Honorable Francis James Jackson, Esq. &c. &c.
(A.) Extract of a letter from Mr. Pinkney to Mr. Canning, dated London, October 10 1808.
"At our first interview, on the 29th June, verbal communication was not dis- countenanced, but commenced: For, af- ter I had made myself understood as to the purpose for which the interview had been requested, you asked me if I thought it would be a more formal course, but im- mediately added that you presumed I did not, for that the course I had adopted was well suited to the occasion. My reply was in substance, that the freedom of con- versation was better adapted to our sub- ject and more likely to conduct us to an advantageous conclusion, than the con- straint & formality of written discourse and that I had not intended to present a note. At the second interview, on the 22 July, it did not occur to me that I had any reason to conclude, and certainly I did no conclude that verbal communication had not continued to be acceptable as a prepa- ratory course, & it was not until the third interview, on the 29th July, that it was rejected as inadmissible."
(B.) EXTRACT. From Mr. Canning to Mr. Pinkney. dated Nov. 22, 1808.
"It is highly probable that I did not (as you say I did not) assign to you as the motive of the wish which I then ex- pressed, my persuasion, that written communications are less liable to mis- take than verbal ones; because that consideration is sufficiently obvious, and because the whole course and practice of office is, in that respect so established and invariable, that I real- ly could not have supposed the assign- ment of any specific motive to be ne- cessary to account for my requiring a written statement of your proposals previous to my returning an official answer to them."
"I had taken for granted all along that such would, and such must, be the ultimate proceeding on your part; however you might wish to prepare the way for it by preliminary conver- sations."
(C.) Extract of a letter from Mr. Erskine to Mr. Smith, dated Washington, July 31st, 1809.
"Neither the present time nor the occasion will afford me a favorable op- portunity for explaining to you the grounds and reasons upon which I conceived I had conformed to his ma- jesty's wishes; and to the spirit, at least, of my instructions upon that subject, nor indeed would any vindication of my conduct (whatever I may have to offer) be of any importance further than as it might tend to shew, that no intention existed on my part to practice any deception towards the go- vernment of the United States."
From the same to the same, dated Au- gust 14th, 1809.
"Under these circumstances, there- fore, finding that I could not obtain the recognitions specified in Mr. Can- ning's despatch of the 23d of January, which formed but one part of his in- structions to me, in the formal man- ner required, I considered that it would be in vain to lay before the go- vernment of the United States the despatch in question, which I was at liberty to have done in extenso, had I thought proper. But as I had such strong grounds for believing that the object of his majesty's government could be attained, though in a differ- ent manner, and the spirit, at least, of my several letters of instruction be- fully complied with, I felt a thorough conviction upon my mind that I should be acting in conformity with his majesty's wishes and accordingly concluded the late provisional agree- ment on his majesty's behalf with the government of the United States."
The disavowal by his majesty is a painful proof to me that I had formed an erroneous judgment of his majesty's views and the intention of my instruc- tions; and I have most severely to la- ment that an act of mine though unin-entionally should produce any em- barrassment in the relations between the two countries."
Mr. Jackson to Mr. Smith. Washington, 23d October, 1809.
Sir, The letter which you did me the ho- nor to address to me on the 19th inst. was delivered to me on the following
transmit to my court, where the va- rious and important considerations which it embraces will receive the at- tention due to them. In the interval, I would beg leave to submit to you the following observations, as they arise out of the communications that have already occurred between us.
In fulfilling a duty which I conceive to be due to my public character, I have never suggested, nor meant to suggest, that the mode of negotiating prescribed by you on this particular oc- casion; an occasion selected for the purpose of removing existing differen- ces; was otherwise objectionable, than as it appeared to me, to be less calcu- lated, than it does to you, to answer the professed purpose of our negotia- tion.
It was against the general principle of debarring a foreign minister, in the short space of one week after his ar- rival, and without any previous mis- understanding with him, from all per- sonal intercourse, that I thought it right to protest. Since however I find by your letter that it is not intended to apply that principle to me, I will only observe, that in the case which you mention to have occurred between Mr. Canning and Mr. Pinkney, the confer- ences were held, under an expectation at least on the part of the former, of their leading to a written communica- tion, whereas in ours I, from the be- ginning, stated that I had no such communication to make. There is also this essential difference between the two cases, that Mr. Pinkney was charged to convey an important propo- sal to his majesty's government, he particulars of which it might be very material to have correctly stated, whilst the object of that part of my conver- sation, to which you seem to attach the most importance, was to say, that I was not charged to make any propo- sal whatever.
Mr. Jackson's letter to be concluded in our next
CONGRESS.
IN SENATE, Nov. 27, 1809.
Seventeen members only being pre- sent, wanting one of a sufficient number to form a quorum, the Senate adjourn- ed till to-morrow.
November 28.
A quorum appearing this day, Mr. Gregg, President pro tem. in the ab- sence of the Vice-President, resumed the chair.
A message was sent to the House of Representatives informing them that the senate had formed a quorum and was ready to proceed to business.
On motion of Mr. Gilman, a com- mittee was appointed to join the com- mittee on the part of the House of Representatives to wait on the Presi- dent of the U. S. Messrs. Gilman and Gaillard were named the com- mittee.
The ordinary rules in relation to newspapers, &c. were adopted.
A letter was received from the Sur- veyor of public buildings, in the city of Washington, stating the difficulties which had prevented the early comple- tion of the permanent Senate cham- ber.
November 29.
On motion of Mr. Goodrich, Resolved unanimously, that the members of the Senate, from a sincere desire of showing their respect to the memory of the Hon. Samuel White, deceased, late a mem- ber thereof, will go into mourning for him for one month by the usual mode of wear- ing a crape round the left arm.
Nov 30.
FOREIGN RELATIONS.
The following motion was submitted by Mr. Giles for the consideration of the Se- nate.
Resolved, That so much of the Presi- dent's Message, as respects the relations existing between the United States and G. Britain and France, with the accompany- ing documents, be referred to a select com- mittee, with instructions to examine the same, and report thereon to the Senate, and that the committee have leave to report by bill, or bills, or otherwise.
Mr. Giles introduced the foregoing res- olution with observing, in substance, that in presenting the resolution to the considera- tion of the Senate, he did not mean at this time to suggest any specific course of pro- ceeding, as proper to be observed upon the very delicate and interesting topics embrac- ed by it; nor to pledge himself upon presenting any specific proposition for the final adoption of the Senate; but he was induced to introduce the subject, at this ear- ly period of the session, because he was deeply impressed with the importance of the disclosures made in the message, and the accompanying documents; as they re- spect the interests, the character, and e- ven the independence of the United States. He conceived that considerations so vitally interesting to the nation certainly deman- ded the most prompt attention, and most se- rious animadversion of Congress. He had presented the resolution in this generalised form, to give the committee the freest range in devising and reporting measures, suited to the difficulty and delicacy of the crisis.
APPOINTED BY THE SPEAKER, in pursuance of the Order of the House of Representatives.
Committee of Elections.—Messrs. Find- ley, Clay, Sturges, Troup, Taylor, Van Rensselaer and Gannett. — of Claims.—Messrs. Johnson, Pitkin, Butler, R. Brown, Stanley, Ghison and I. B. Porter. — of Commerce and Manufactures.— Messrs. Newton, Dana, Marion, Cutts, N. R. Moore, Sage and Seybert. — of Ways and Means.—Messrs. Eppes, W. Alston, Talmadge, Montgomery, Bar- ton, Smilie and Rott. — on Public Lands.—Messrs. Morrow Goodwyn, Ely, Boyd, Howard, Gold and Cobb. — of Revision and Unfinished Business.— Messrs. Southard, Shaw and R. Jackson. — of Accounts.—Messrs. Milnor, Keane- dy and Turner. — District of Columbia.—Messrs. Love, Van Horn, L. J. Alston, Newbold, S. Smith, Taggart and Haven.
HOUSE OF REPRESENTATIVES.
MONDAY, Nov. 27, 1809.
At twelve o'clock this day the Spea- ker took the Chair.
On calling over the names of the members, it appeared that there were present about ninety five; which being a quorum, the House proceeded to business.
Dr. Adam Seybert, a Representa- tive from the state of Pennsylvania, vice D. Say, resigned; and Jonathan Jenning, a delegate from the territory of Indiana, vice Mr. Parke, appeared, were qualified and took their seats.
On motion of Mr. Dawson, a mes- sage was sent to the Senate to inform that body that this House was formed and ready to proceed to business.
On motion of Mr. Dawson, a com- mittee was appointed to join such committee as should be appointed for the purpose, to wait on the President of the U. S. & inform him that a quorum of the two Houses is formed and ready to receive any communications he may have to make. Messrs. Good- wyn and Root were named a commit- tee on the part of this House.
On motion of Mr. N. Ison, the usual rule was adopted respecting furnishing members with newspapers; and also as to the time to which the House should daily adjourn. And The House adjourned till to-morrow morning eleven o'clock.
TUESDAY Nov 28 1809
A message was received from the Se- nate, by Mr. O. S. their Secretary info- ming the House that that body had form- ed a quorum, and was ready to proceed to business; and also that they had appoint- ed a committee jointly with such commit- tee as should have been appointed by the House, to wait on the President of the United States, and inform him that they were ready to receive such communica- tions as he might have to make.
On motion of Mr. Smilie, seconded by Mr. Montgomery it was resolved, that the several standing committees be now appointed, agreeably to the rules and or- ders of the House.
A memorial was laid before the House from the Legislative Council and House of Representatives of the Indiana territory, stating that the act of the last session for the division of the territory had operated to prevent the meeting of the Legislature of that territory, by reducing the number of members of the Legislature remaining within the territory of Indiana to less than a quorum.—Referred a select commit- tee with leave to report by bill or otherwise.
Leave of the House was asked and ob- tained by Mr. Poydras, to lay on the ta- bles of the members certain printed pa- pers in defence of the right of the city of New Orleans to the Batture in the suburb of St. Ma y's.
Mr. Goodwyn, from the committee ap- pointed to wait on the President of the United States, reported that they had per- formed the duty assigned to them; & that the President had returned for answer that he would make a communication in wri- ting to-morrow morning at 12 o'clock; And the House adjourned.
WEDNESDAY, Nov. 29.
After the presentation and reference of a few petitions, a message was received from the President of the United States by Mr. Graham, as given in this pa- per.
The message and documents accom- panying the same were immediately read, referred to a committee of the whole House on the state of the Union, and 2000 copies ordered to be printed for the use of the House. And the House ad- journed about three o'clock.
THURSDAY, Nov. 30.
PRESIDENT'S MESSAGE.
On motion of Mr. Dawson, the house re- solved itself into a committee of the whole on the state of the Union, Mr. Macon in the chair.
The President's Message having been read, Mr. Smilie said that the common mode of proceeding, when in committee of the whole on the President's message, was to refer the several subjects embraced in it to dif- ferent committees. The message was not yet printed and laid on the table. He had seen in some instances arising from a too hasty reference of these subjects on former oc- casions, he remembered last winter unfor- tunately the subject of our foreign relations had been divided and committed to two se-
with each other. Perhaps, if the house proceeded too hastily on this occasion, si- milar inconveniences might again occur, in order to give further time for consideration, he moved that the committee now rise. This motion was agreed to without de- bate and without a division. The Speaker laid before the house the following letter, which was read. To the Speaker of the House of Repre- sentatives: SIR, An occurrence having recently taken place between a member of the House of Representatives and myself, produced by circumstances not at all connected with his official duties or opinions, which from the time and place may be considered disres- pectful to the House of Representatives, I take the liberty of tendering thro' you my most respectful declarations, that I am the last who would wilfully manifest a defici- ency of that reverence which is due to the Representatives of my country, or that sa- cred regard which is also due to their pri- vileges. To yourself, sir, personally, I tender the assurance of my very great respect. I. A. COLES. November 29, 1809.
No order having been taken on it, the letter lies on the table of course. A message was received from the Sen- ate proposing the appointment of two Chap- lains of different denominations, to inter- change between the two houses weekly; which was agreed to. After the presentation of a few petitions, the House adjourned.
THEATRE.
The Public are respectfully informed, during the season there will be no postponement on account of Weather.
On Wednesday evening, Dec 6. will be presented, a Grand Musical Romance (for the second time here) interspersed with Dance, Song, Chorusses, &c. called the
FORTY THIEVES.
As performed at the Theatre Drury Lane, with unbounded applause for two sea- sons.—With entire New Scene-y, De- corations, &c.—Music by Mr. Kelly.
END OF THE PLAY.
A Comic Song, "Four and } Mr. Sully, twenty Faders." Comic Song, "The Pota- } Mr. Bray, toes Merchant"
To which will be added, the much admired Entertainment, called
The Irishman in London,
Doors to be opened at five o'clock— Curtain to rise at quarter past six o'clock precisely.
In Goodland County Court, October 16th, 1809
Thomas Eldridge, jr Adm'r. of Ste- phen Hubba d, deceased, pit. } In Thomas Bernard and Charles John } Chan- son, } cery.
THIS day came the plaintiff by his attorney, and the defendant being here, not having en- tered his appearance and given security, accord- ing to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this state, on the motion of the plaintiff by his at- torney, it is ordered, that the said defendant Bernard do appear here on the third Monday in March next and answer the plaintiff's bill, and give security for performing the decree of this court, and that a copy of this order be forth- with published in some public newspaper print- ed in the city of Richmond, for two months successively, and that another copy be posted at the front door of the courthouse of this coun- ty.
A Copy—Teste, WILLIAM MILLER, C. G. C.
JOSEPH & GEORGE MARX offer for sale on board the schooner Feronia 600 SACKS SALT, Twi ed Sacks and well filled. They are in daily expectation of receiving several thou- sand bushels LIVERPOOL GROUND SALT, which will be disposed of on rea- sonable terms. Richmond, 2d December, 1809.
BALTIMORE LOTTERY.
A few tickets in the Baltimore Lottery now drawing for sale at this office, Price 13 dollars.
GERMAN AND ENGLISH, Almanacks for 1810,
for sale at this office, 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- lars
MAI IRESSES
OF ALL SIZES AND KINDS, MADE and repaired, agreeably to order, in the large wooden house opposite the Old City Cavern, two squares below the market bridge, Richmond. I. S. Pleasants.