The enquirer (Richmond, Va.), 1809-12-09 00:00:00

The Enquirer.
VOL. 6.]
RICHMOND, SATURDAY, DECEMBER 9, 1809.
[No. 62.]
THE SUBSCRIBERS having connected themselves in business under the firm of MURPHY & CRUMP. Offer for Sale, in the store lately occupied by Mr. Wm. Temple, four doors above the Bell-Tavern; A general and well selected Assortment of GROCERIES, CHINA, GLASS, & STONE WARE, which they will sell low for cash or exchange for country produce.
They also tender their services to the public as COMMISSION MERCHANTS. Any business committed to their care will be attended to with all possible dispatch.
WILL. MURPHY, JOSHUA CRUMP.
Richmond, December 7. 2aw3w
JOHNSON AND REAT, JEWELLERS & SILVERSMITHS
AT the present sign, opposite the Eagle-Tavern—Have just received an additional supply of ARTICLES in their line, (which with their former stock will render their assortment very complete) consisting of—
 Pearl Ear-Rings, Ear-Rings & Drops, Breast-Pins, Bracelets and Finger Rings.  Jet Breast-Pins, Bracelets, Ear-Rings & Necklaces, tortoise-shell Combs of the most approved patterns, gold Watch-Chains, Seals and Keys of the latest patterns, Ear-Rings, Finger-Rings, Breast-Pins, Bracelets, Buttons, Lockets and Miniature Settings.  Silver Tea Pots, Coffee-Pots, Sugar Dishes, Slop Bowls, Cream-Pots, Canns and Goblets.  Table, desert, tea and salt Spoons, soup, toddy, cream and mustard Ladders, Salt-Stands, Thimbles, Coral & Bells, Tea Tongs & Pencil Cases, silver mounted Dips, Swords and Snuff Boxes.  Plated Castors of various prices, Candlesticks, Fruit Baskets, Tea-Pots, Sugar Dishes, Cream-Pots, Salt-Stands, Table Spoons and Tea-Tongs.  Block tin Tea Pots and Tea Caddies, together with sundry other articles too tedious to enumerate here, all of which they offer on moderate terms. Orders for work strictly attended to. The highest price given for old silver and gold. 
December 7. epf
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 Dec. next, being the 11th day of the month.
November 21. 2amd
I HAVE REMOVED TO RICHMOND. October 31. BENJ. BOTTS.
M. & B. MYERS, OFFER FOR SALE— Muscovado and Havana Sugars, Imperial and Hyson Teas, Old Madeira Wine, Almonds, Cordials, Ginger, Pepper, Pimento, Havana Cigars, Capper, Window Glass, Paints, Printing and Wrapping Paper, De Silver's Playing Cards, German Oznaburgs, Raven's Duck, Cotton Shillings, Hosiery and Dimities, and DUTCH BOLTING CLOTHS of best quality.
ALSO—JUST RECEIVED, 15 casks mountain Malaga Wine, 115 boxes and kegs of Raisins, 10 kegs Figs, and a few jars of Spanish Olives.
December 7. 2aw4t
M. & B. MYERS—OFFER FOR SALE 100 Boxes fresh Raisins, 20 Fruits Hard and Soft Shell Almonds, White and Brown Havana Sugars, Loaf and Muscovado Sugars by the Hhd. or bbl. Chouan, Imperial, Hyson & Souchong Teas. Sherry and Madeira Wine, Cordials, Pennsylvania Rye Whiskey, Mustard, Pepper, Ginger, Cinnamon, Pimento, Bottle Corks, Havana Cigars, 8 by 10 and 10 by 12 Window-Glass, White Lead and Spanish Brown, Green Copperas, Printing and Wrapping Paper, De Silver's Playing Cards, German Oznaburgs, Raven's Duck, Cotton Hosiery by the package or dozen, Cotton Cambricks, Shirting and Dimities, by package or piece, A few Bales of Woolens, consisting of— Strong Duffels, Plains, Half Thick & Kerseys With a constant supply of best Dutch Bolting Cloths.
November 21. tf
TO RENT, The Store and Counting Room, in the house occupied by Mrs. Watt. For terms, apply to BARLETT STILL. December 5. 3t
WILL be offered for sale, to the highest bidder, on the premises, on the third day of January next, a saw and grist Mill upon the Brook in the county of Henrico, five miles above Richmond, the property of Chas. Sned, dec'd. together with 29 acres of Land attached to said Mill, also one negro man Lewis the property of said Sned. The terms of sale for the land and mill will be three sevenths in twelve months, and the other three sevenths in two years, the last three payments to bear interest from twelve months after date, the Negro will be twelve months credit; with as many bonds and securities as the lease requires, to bear interest from the date if not punctually paid, and a good and lawful title will be made to the purchaser by the LEGATEES.
Henrico, December 5. 3t
THE subscribers offer for sale, a very general assortment of GROCERIES, which they will dispose of on moderate terms, for cash, country produce, or approved paper.
Also, 62 Kegs F and FT Brandy Wine Gun-Powder.
October 10. WHITE & SHELTON. tf
BY virtue of the last will and testament of Robert Means, dec'd. will be sold to the highest bidder, on Wednesday, the 3rd day of January next, if fair, otherwise the next fair day, the LAND and PLANTATION belonging to the said Robert Means, dec'd. in the upper end of Henrico county, containing, according to the Deeds, three hundred and seventy-three acres, & lying on the Three-matched road, about a mile and a half above the short Pump. There are, on the premises, a two-story dwelling-house, having two rooms below, with a passage, and two above, a granary, stable, kitchen, and an orchard of apple and peach trees. The lands will be sold according to the deeds, and the sale will take place at the dwelling-house. The terms will be, one half of the purchase money to be paid at the end of twelve months, and the other at the end of two years, from the day of the sale. The purchaser to give bond and approved security, with a deed of trust upon the property, to secure payment of the purchase money.
DANIEL CALL, Executor of the Testament and last Will of ROBERT MEANS, Dec'd. November 24. tf
IN order to complete the residue of the Resolutions 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 22d August to the 19th Sept'r. inclusive, & an additional decree, dated the 22d September, 1809, in the cases of William Marshall and Thomas Taylor, guardians of Eleanor and Lavina Dandridge, orphans of Wm. Dandridge, dec'd. and others.
Against— Wm. Duval, administrator of Wm. Price, deceased, Lucy Price, widow, and Wm. D. Price, Alexander Price, John Harvie Price, and Anne Price, infant heirs of the said William Price, deceased.
And also in conformity with a further decree of the aforesaid court, dated the 22d September, 1809, in the case of Matthias Jordan.
Against— The same defendants as above. We, 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 said hour—The Blue House and Lot, on the street on Shockoe Hill, mentioned in the first decree, which the late register Wm. 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 Wm. Nice, on Shockoe Hill, known by the numbers, in Judge Washington's addition, 11, 12 and 13, on two years credit, from the day of sale, with interest from date, bonds with approved security will be required, or so much thereof, as will be sufficient to satisfy Wm. Marshall and Thomas Taylor, Esqrs. guardians as aforesaid, the residue of the original sum decreed in their favor of $1400, with interest and costs of said suit, and Matthias Jordan in the sum of $500, with interest from the 1st 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. November 28. id.
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 eleventh day of December.)
SAMUEL GREENHOW, Principal Agent M. A. Society. Richmond, Nov. 24. 1110
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 authorize a more certain and less expensive mode of collection—their application was rejected, under an impression, that the members of the Society might not approve 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 is necessary to the prosperity of the institution, I have thought it proper to give this public notice thereof.
SAMUEL GREENHOW, P. A. Other printers in the state, are requested to insert the above in their papers, till 11th Dec. next. S. G.
COMMUNICATION FROM GOVERNOR TYLER, TO THE LEGISLATURE OF VIRGINIA.
COUNCIL CHAMBER. RICHMOND, Dec. 4, 1809.
SIR, It would have afforded me great consolation, and I am sure, no less to the Legislature of my country, could I have been in my power, from events more favorable than are now passing, to have announced the prospect of an happy adjustment of the existing differences between the United States and the two great contending powers of Europe. But too many aggravating circumstances have recently occurred (more especially as they relate to Great Britain) to permit a hope, that so happy an issue will take place in a short period. That nation has always been governed by her pride and her prejudices; or why has she seen through so false a medium? Why has she been so long the dupe of her own weakness, and the misrepresentations of her venal agents? The similarity of language between this country and that, and our connections with it by blood, always had more influence on our conduct than was good for our political safety and happiness. Her commerce flowed uninterruptedly through every channel that watered our land, and returned full freighted with the fruits of her industry and enterprise. That commerce so fascinating in the present state of society, and so inviting to avarice, seized on our affections and bound us in chains indissoluble as adamant. Hence the opposition to those measures which alone would have been efficient, if they had been rigorously enforced; and hence arose those bitter animosities which have poisoned the sources of social intercourse between our fellow citizens, and tended to disunite them and distract our councils. The em bargo was the system which was best calculated to ensure success; and long will it be regretted that want of resolution to forego the advantages of a degraded commerce, and want of sound patriotism to enforce that measure, should have reduced our country to a dilemma, scarcely recollected to have occurred in the history of nations. But notwithstanding the disgraceful violations of the law, which have fixed an indelible stain on the character of too many of our countrymen; its pressure was so severely felt, that aided by the failure of the combined forces in Spain, an epoch was produced, in which something like a friendly termination of our differences seemed to be promised. Overtures were made by the British government for accommodation, which were met by the President of the United States with that promptitude and candor, which characterize the great and good of every country. Stipulations were entered into on both sides, preliminary to full and free negotiation on all the points in dispute—Every thing required by those stipulations was performed on our part with good faith. The Militia, which had been organized, and held in readiness to meet aggression, whensoever it might be offered by any power, was discharged; the suspension of our commercial intercourse was taken off; and a fair and wide road was opened for the completion of what appeared to have been happily begun. But mark the issue! A new era arose on the continent, in which a final stroke was aimed, at the power of France, (puerile indeed! for every unsuccessful attempt has only added strength to that power;) the stores of Great Britain were filled with American supplies; the complaints of a rising from hunger, want and misery, were appeased; and that government scrupled not to disavow the act of its Minister Plenipotentiary, under the shameful pretext of its being unauthorized; as if the injury were not the same to us, as if their government was not benefited by the measure, and bound to ratify and sanction it, on every principle of good faith and sound morality.
Thus have we seen and felt injury following injury, from the commencement of the revolution to the present day; and negotiation succeeding negotiation, without any satisfaction for what had passed, or any security against future hostility; and thus have we seen too, all those rules which bind nations as well as individuals in the sacred bonds of justice, charity and benevolence, totally disregarded, and a new order of things introduced altogether disgraceful to civilized man—"Shall I not visit for these things, saith the Lord?" Nor has France acted up to those principles which she professes so much to admire and support—I mean the rights of neutrals and the freedom of the seas. For notwithstanding the peaceful attitude we have taken, unjust and severe wounds, (though not so frequent, nor yet so vitally fatal in their consequences,) have been inflicted by her on our rights and national honor, under the idea of our attachment to Great Britain, which was supposed to have influenced our measures, and to have counteracted her policy. For one nation to retaliate on another by which it is injured, is certainly justifiable: But what can justify or even excuse the act which inflicts a wound upon an innocent neutral, to come at an enemy? Why not suffer the inconveniences arising from the unlawful acts of some of our anomalous citizens, rather than violate all those ancient maxims which were so much revered in former times, and which are the only means of sustaining a good understanding with the world? It remains for that nation to wipe this stain from its splendid achievements, by a proper explanation and renunciation of its measures.
Under circumstances so unfriendly, we have little to hope from the philanthropy of foreign nations, but nothing to fear for our national character and independence, provided we unite in the general support of our principles and government. It is time, therefore, to assume a station which will bid defiance to any power, and put an end to that party spirit, which has taught those nations to believe, that we have gone from the just standard of honest measures, and could be easily made a victim to intrigue or force. We have talked long enough of our rights and our national honor, let us now prepare to defend them. It was the want of union, and of sincere love of country, that caused so many discomfortures of the European powers in their conflicts with France. But for an union of honest sentiments and measures among our citizens, from the beginning to the end of our revolution, America must still have remained under colonial degradation. Let that union now be the rock of our salvation; and let us no longer persist in the fatal policy which has so distracted the nation and paralyzed its councils. Let us again rally around our own government, and convince mankind, that we can neither be seduced, on the one hand by intrigue, nor driven on the other, by force, to surrender that liberty which was acquired by our fathers at the expence of so much blood and treasure. Let us prepare for the worst, and be ready to execute with vigor, whatever may be the determination of the general government, to which belongs the constitutional right to decide on the momentous subjects which must fall under their deliberation at their present sitting. To be enabled to perform our duty, if we should finally be called to that last, but sad necessity of nations, it is proper to examine into the state of our finances, and to increase them, if necessary, in proportion to the exigencies of the state. The Auditor's and Treasurer's departments will furnish the requisite lights upon this subject. It is proper enough said, that taxes are the sinews of government, but we must also procure its muscular and bodily strength. The Militia is that power, and must be resorted to in the first instance. It would be well to review the laws on that subject, and amend them as experience shall have pointed out the necessity, bringing the whole into one view, by which means they will be more readily understood. But this would prove useless, unless arms and ammunition be supplied. A portion of the latter has been purchased agreeably to an act of the last Assembly and a magazine upon a moderate scale has been erected for its safe keeping. To give a complete knowledge of the former, the transactions of the Armory are respectfully laid before the legislature for their proper allowance for the interruption occasioned by the new arrangement. will be found to answer the public expectations. The number of muskets completed in the course of the year amount to 3177, and are believed to be fully worthy of that confidence which ought to be placed in them by those, who may have occasion to use them. Of Pistols and Swords a statement is also made; besides of the constituent parts of many other arms of every denomination, which will increase the number to be maintained in the ensuing year. The arms which were in the Capitol, have been removed agreeably to law, except such as are to be repaired, which are carried out, as
fast as they are called for, by the persons employed to put them in good order; the progress of that business is also here submitted. The whole of these arms have been put to the proof; and it is to be lamented, that the loss sustained by the public is so great as it turns out to be; one third of the muskets, at least having bursted in the trials; and yet it is a consolation to reflect, how many injuries have been prevented by the discovery. The rule now adopted in the Armory will, in all probability, leave no room for doubt or suspicion, as to the quality of the arms; because those which do not stand the proof, are charged to the maker of them, thus securing his fidelity by making it his interest to be faithful, as far as it well can be done, until a better discovery can be made in the progress of the work, which is but in its infancy in this country. As soon as the foundry and boring machinery were completed by Mr. Foxall, agreeable to contract, it was deemed not improper to apply a part of the funds appropriated by law for the manufacturing of arms, to casting of Cannon; the words of the law fully comprehending all kinds of arms. In consequence of which thirty six pounders have been cast and finished off nearly; which stood the proof, and little doubt exists of our being able in the next year, to furnish completely all the Artillery companies in the state.
The number of muskets retained in the arsenal is 7839; of pistols 536; and of swords 3387, which will be seen by reference to the statement of the Superintendent herewith presented, which also exhibits the number of those distributed. The latter, it is greatly feared, are consigned to destruction, or great injury, if we judge from what has happened, and what under like circumstances, may happen again; a large proportion of the arms heretofore distributed having been lost or destroyed, and expenses being continually incurred for the repairs of such as remain in the hands of the militia. These circumstances induce a belief that it would be a sounder policy to compel every militia-man to furnish himself with arms by purchase from the country at as low a rate as possible; and then, and not till then, will he feel such an interest in them, as to engage his attention properly to them—Those who are too poor to purchase, ought to be furnished at public expense, to be judged of by the respective county courts, and their opinion certified to the Executive; in which case as many arms as may be required, should be sent, making the Captains of companies answerable for their safe keeping in that way they may deem best, delivering them out on muster days, and having them returned as soon as the use of them is dispensed with. The subject however is submitted with great deference to the better judgment of the Legislature. The surplus water beyond the quantity required for the boring mill, and now wasted, would be sufficient for all the purposes of a forge, which I am informed can be established at little expense. There the scalps for the gun barrels could be drawn to great advantage, better in quality, and cheaper, than can be obtained at present; but I mention this subject with great delicacy, as the loss, and charges, attendant on the institution hitherto, have been unfortunately very great. An estimate however of the cost of such a building, shall be laid before the Assembly if required.
A statement of the Penitentiary concerns is also submitted to your inspection, in which it will be found, that exclusive of every expence, a profit of $5,944 results to the commonwealth, which ought to be applied to still greater improvements in that institution, which does so much honor to humanity, but which, notwithstanding the encomiums it deserves, is subject to some objections as to the mode of punishments. For, although it is desirable, because just, to apportion punishments to crimes, as far as can be effected without a mathematical standard, yet there are some offences besides those enumerated in the law, for committing which, a criminal ought to be subject to death; and discretion is left to the jury in most cases, by which means the object of the law is defeated. It would be much better to fix the scale of punishments, and leave nothing to the jury but to find the guilt or innocence of the person tried. A highway robber, or horse thief is equally so in every country; and yet, as the law now stands, the punishment for the same offence is often very unequal. The laws being promulgated, and the punishment fixed to every crime according to the degrees of its atrocity, would form as just a criminal code as is consistent with public safety, and those principles we so justly admire. The distinction drawn between murder in the first and second degree, is absurd in the extreme. To constitute murder, there must be malice express or implied, and here the punishment should be death, for "whoosh ever sheddeth man's blood, by man shall his blood be shed;" but, in consequence of this new distinction, relative to the highest crime in nature, all acts of murder, few excepted, are softened down to the lowest grade, and the punishment is by confinement for years, at the whim or caprice of a jury. In the Penitentiary, there is now a man hard upon seventy years of age, who was sentenced for murdering an aged wife, by whom he has several respectable children. The period of this man's confinement is eighteen years—Now, according to the ordinary course of nature, he can have but few years to live: Here the punishment presently ceases, and the example ceases with it: And, as to reformation, even if he were a young man, I should not expect much change for the better by his keeping bad company; for we always judge of a man by the company he keeps—Man-slaughter is the true distinction; and at this time, some for that offence, receive as high punishment, as others do for murder in the second degree, owing to the latitude of the law as to the periods between which confinement may be imposed at the discretion of a jury. For although there may be light shades of difference between murders as to their atrocity, they are not so wide as the verdicts of juries appear to make them. I also beg leave to suggest the propriety of providing more effectually for inflicting the punishment prescribed by the 28th section of the
act to amend the penal laws of this commonwealth, on convicts who have been discharged from confinement, and have been returned for second offences. Several cases have occurred in which convicts, who have been discharged under one name, have been returned under another for a second offence; and sometimes they have been sent from different districts by the same name. It is often impossible to identify the prisoner during a trial for a second offence; and when his sentence has been pronounced for a specified duration of confinement, there is no power by which the additional punishment can be inflicted. If the law were amended so as to authorize the superior court of Henrico to pass sentence for additional punishment, notwithstanding any sentence which may have been passed by the court before, whom the offender was last convicted, it would be hardly possible to evade the law; for the Penitentiary officers can always identify the person of the prisoner.
Sometimes, acts of violence are committed by the prisoners in the Penitentiary one upon the other. To prevent great mischiefs and worse consequences, would it not be proper to make those confined therein, competent witnesses in such cases for and against each other? And should not the law express the period of confinement in every instance, for a second offence, or for an escape, and not leave it to the discretion of any court whatever?
A subject of some interest for the consideration of the legislature, is the public property in various parts of the country. That at the Point of Fork, on which stands a large building going fast to decay, formerly used as an arsenal; also some lands not far from that place, require particular attention. Perhaps it would be well to dispose of this property, as the rent reserved is small and not sufficient to keep the buildings in repair. The old situation of the Buckingham Iron Works, with several hundred acres of land, does not produce the interest of the money it might sell for in all probability. The public property, where soever it may be, must be liable to waste in its timber and buildings. It would therefore be well for the legislature to say what shall be done with it, and here give me leave to suggest the propriety of vesting the foregoing property in the hands of the trustees appointed for the superintending and managing the buildings near this City, designed for an Academy, the foundation of which is now laid. This institution being fostered and patronized under the eye of the legislature, may become highly useful to our country, and will, in all probability, lay the foundation of still greater improvements.
The public warehouse in this city, might be improved to advantage, by directing a floor to be laid in the roof of the building, which would hold a considerable quantity of flour for storage, and soon reimburse the public the expence attending the improvement; after which, it would bring an annual profit into the treasury, in aid of what is produced by the storage of tobacco, being this year $1,205. 65 cts. as appears by a report of the keepers of that building.
A proposition from the state of Pennsylvania is herewith submitted, with Governor Snyder's letter accompanying the same, in which it is suggested the propriety of amending the Constitution of the U. States, so as to prevent collision between the government of the Union and the State Governments. Also communications from Massachusetts & Kentucky, disapproving the proposed amendment to the Federal Constitution suggested by Virginia, for the removal of the Senators of each state by the legislature of the respective states; a resolution of the Senate of the United States appointing a committee to enquire into the expediency of amending the act establishing the Courts of the General Government; and a letter from the Senators from this state, on the subject of permitting the importation of slaves under certain circumstances. These subjects will require early and prompt attention. The death of our upright and valuable fellow citizen Joseph Prentis, Esq. late a Judge of the General Court, occasioned a vacancy in that department, which has been filled by the appointment of James Semple, Esq. It is for the legislature to confirm or not, this appointment under the Constitution, as to whom shall seem just and proper. A vacancy has also taken place in the Executive Council by the resignation of Alexander Stuart, Esquire.
The subject to which I now beg leave to draw your attention, I touch with great delicacy, not being certain of the propriety of the measure, since it may not be thought to fall within the pale of Executive duty. It is the present organization of the Court of Appeals, which appears in many respects not calculated to promote the public interests. The small number of Judges, while it has a tendency to create a delay of justice, already complained of, and not without foundation, must necessarily produce the deplorable effect of diminishing the weight of authority, which ought to attend the decisions of that tribunal. Indeed, however truly learned the present or any future Judges may be, (and here I freely offer no incense at the altar of truth and justice, when I say that, on these points, there is no exception to those already in office,) it seems a solecism in jurisprudence, that the opinion of two Judges only should frequently prevail over, and settle the law, in opposition to the remaining Judges of the Chancery and General Court. The minds of our citizens cannot be satisfied with decisions under such circumstances; nor will the law of the land be considered as fairly settled; in consequence of which uncertainty and litigation must continually increase. Under the Constitution of that court, it possesses appellate jurisdiction in several cases as to facts as well as law. The exercise of this branch of its jurisdiction creates delay in consequence of the time which is necessarily consumed in examining witnesses, to establish the facts on which the opinions of the Judges are to be formed. Would it not be proper to direct the court from which the appeal is brought, to record the testimony under their own examination, and send the cause for said appeal in papers? I speak on the foregoing subject with much deference to the superior wisdom of your excellency.

able body, and with confident hopes of having my motives justly appreciated.
I shall now take the liberty of closing my communication with you on a subject so essential to the lasting interest of our beloved country to be longer delayed.
Thirty-three years have passed away, since we have been ranked as a nation in the civilized world; and not one single complete seminary of learning either civil or military, has been established in this great and wealthy State, in addition to those which existed under auspices much less favorable than the increased population and resources of our country afford; except what has been effected by lotteries, and some small additional aids, not arising immediately from the funds of the state.
It is true, that a faint effort was made some years past to establish schools in the respective counties throughout the Commonwealth; but, even in that solitary instance, the courts had a discretionary power to execute the law or not, which completely defeated the object intended, for in no instance has that law been complied with; to the disgrace of the county courts, and to the great disadvantage of the people, who might have been enabled to have educated their children upon much easier terms than can now be done: For in our present situation, he must be a wealthy citizen indeed, who can afford the means of educating one son, so as to place him in a condition to serve his country, either in the field or in its councils, whenever his services might be called for—A truly melancholy picture to reflect on! Nor have the representatives of the people hitherto been clear of blame, in so long neglecting to establish some other system, or to amend the law before mentioned, so as to ensure its execution. There cannot be a subject of more importance in a free government than that which we at present contemplate. This seems to be admitted by every intelligent man who wishes well to our country; and yet so fatal is that apathy which prevails, or so parasimonious a policy has insinuated itself among us, that, year after year is permitted to pass away, without a single attempt to attain so great and indispensable an object. Neither are those old seminaries, which were established before the revolution, supported in a proper manner, either as to funds or discipline; they affording, of course, but a superficial knowledge of the various arts, which are so beneficial to society, and ornamental to man. I have for the last twenty years of my life had an opportunity, in the discharge of my public duties as a Judge, to see the mortifying picture which I have here drawn, and of which experience has enabled me in every day's travel through the state, to prove the reality. Scarcely a common country school is to be found, capable of teaching the mother tongue grammatically, and as much of writing and arithmetic as is absolutely necessary for the ordinary business between man and man. In this situation of our country, would not an enlightened stranger, if he were making a tour through the state, readily conclude, that in the general passion for war, which pervades almost the whole civilized world, we had, for want of an enemy at our gates, declared an exterminating war against the arts and sciences?
Under whose wise and virtuous councils was our government formed? that fairest, freest and best gift of human policy, in which no distinction is known, or if known not revered, except in that proportion which good sense and virtue always create—where every citizen is entitled by a free suffrage, to an importance in proportion to his wisdom and integrity, without the aid of family connections, wealth, or fictitious grandeur?—If we look back to the commencement of our revolution, history will inform us who those illustrious characters were; for their names are written in letters of gold, and enrolled in the annals of our country; the brightest pages of fame and honor—names which cannot be forgotten, so long as virtue and the love of country are revered among men.—Those venerable sages had been wisely and virtuously educated, and knew full well how to estimate their rights. Inspired with a holy zeal for their just rights and privileges they transfused the glowing ardor through all ranks of men, till one common sentiment, the offspring of truth, united every soul in the sacred bonds of union and defence, and they willed themselves forever free. On this sublime subject, I, like many others, much delighted to dwell, because, although at that memorable epoch I was young, yet my feeble efforts were not wanting to give success to our measures—and do we owe nothing to them, to ourselves & to our posterity, to cherish and defend our constitution, and to hand it down to the latest period of time? A proper diffusion of knowledge is the only certain means of accomplishing so glorious a work; and I have hopes my country will no longer neglect to pay the proper attention to a subject so interesting to it.
It was a saying of Isocrates and of many other sages of antiquity, "that it was the duty of those, who were entrusted with public affairs, to teach the people by a right education, the love of justice and a strict obedience to the laws and constitution." Here the fruits of virtue spring up and flourish, which lead to the paths of honor and happiness—Here the horn of Amalthea is excited; the horn of peace and plenty! Surely we who have so many examples before us at past times, should not neglect to profit by them, nor suffer the genius of Virginia, which consecrates whatsoever it touches, to languish into apathy and cold neglect.
In a rude and ignorant state of mankind, we see the gigantic strides of the pride and arrogance of the few, trampling on the rights of the many; usurping all power to themselves for centuries together, at the expense of all that is dear and valuable in life; uncontrolled by any principle of justice, benevolence, or fellow feeling, without even a hope to this sufferers, of relief, from such a state of degradation and oppression, until (sanctioned by Divine Providence) some enlightened Patriot, and friend to man, rises, at all hazards, the spirit of opposition, and then, who can fathom the depth of misery into which thousands are plunged, by endeavoring to attain, what they might so easily have preserved, by inspiring correct morals, and a right education into the hearts and minds of their fellow citizens, in the commencement of their national existence.
It has been long a received opinion, that a republican government can only be supported by virtue; and I concur in the sentiment, that virtue and republicanism are so intimately connected, that the neglect of the one, will eventually prove destructive to the other. It is also an opinion, that a government like ours, cannot last so long as a mixture of single one; which, if admitted in its full latitude, only proves, what an endea-
voring to prevent; the loss of the moral sense, or the love of country, of the adherence to sound principles, both in a civil and a political capacity. In consequence of the want of a timely regard to the diffusion of knowledge. And it is an argument which ought to be respected, that any other form of government should be resorted to, because by its durability and irresistible tyranny, it shall be more capable of bending the neck of man to the yoke of ignorance and power, until every sentiment of honor and independence is lost, and every faculty of the soul destroyed, to the disgrace of his nature, and offence to his God; who wills that all his creatures should be free and happy, according to their deserts. Let us therefore spurn from us, every idea inconsistent with the government, under which we live and enjoy so many blessings; and convince mankind of the fallacy of that doctrine, by a constant attention to our true and lasting interest, and by inculcating this sacred truth, "that so long as sound morals, good manners and useful knowledge are taught among the citizens, so long will our government last."
Let us figure to ourselves a country (and let that country be ours) growing steadfast and strong in the principles here recommended, (and I am sure the idea is not chimerical) how delightful the contemplation! how happy would that country be! Then would cease to rage all those delectable passions of the heart, which deal in base detraction, and false representations of virtuous and exalted characters, who have long labored, and still labor, for their country's honor and happiness. Then would cease that envy of the superior worth and talents, by which the councils of our country have been guided in safety and in peace; & then would succeed that laudable emulation of great and noble actions, so conducive to the prosperity of both public and private life.
It may now be expected, that I should exhibit a plan of education, which would be most likely to accomplish the great end under consideration. This might be deemed arrogant in me, as I have already, perhaps, exceeded the bounds of my constitutional duty, and those marked out by my predecessors. I shall therefore leave the subject in its proper legitimate hands, with but few more observations, and those confined to the seminaries already established; all of which ought to be assisted and organised so as to fulfil the expectations of the people; among which, the College of William and Mary claims our peculiar notice. That seminary, from which, in past times, sprang so many ornaments to our country, who took so active a part in laying the foundations of our civil, religious and political rights. The buildings of that seminary are large and commodious, and well suited to their intended purposes; but the funds are insufficient for the establishment of several other professorships, viz. of Physics, Anatomy, Chemistry, &c. &c. for want of which, many young gentlemen quit their native state, and seek in foreign countries, what our own denies them; thereby carrying their wealth with them, to the great loss of the Commonwealth and its impoverishment in that proportion, and too often bring back in return, sentiments and manners, not congenial with republican simplicity.
This circumstance, moreover, has a tendency to wean them from a proper attachment to their own government, and very often renders them unfit for the various stations which it affords for the exercise of genius and capacity. Additional funds for these purposes, ought to be afforded to this University, as in other respects, it will be competent for all the great objects of its design; for many years to come; but perhaps it will be necessary to alter, amend, or do away the present charter, so as to place it under the control of the Legislature, in some shape or other. The visitors ought to be appointed by the Legislature, and vacancies supplied in a way to prevent them from degenerating into a self created body. Perhaps every seventh year a new election should take place to prevent any possibility of improper combinations, in favor of one class of students above another, on account of superior wealth and family connections. Reports ought to be made to the Legislature through the Executive, of the progress made in the various branches of science; as also a just account of all the expenditures. Nor can there be a doubt of the right of the government in this respect, although a futile argument is advanced to prove the contrary, on the ground of the charter by which it was established. All charters of a public nature are for public benefit, & whenever they are of their object, they should be altered, or amended, or newly organized. No power should exist in our government, but what emanates mediately or immediately from the people. Why suffer a fragment of Royalty to remain among us, unless to create a longing after the flesh pots of Egypt? Have not all the charters of our once humiliated Colonies been done away, and those of a better order established and founded on the immutable principles of justice and the rights of man? But to effect this great and necessary work, some additional funds must be sought for, from a source, which flows, at this time, in too narrow and contracted a stream. The name of a tax, seems to create disgust in almost every mind, and of course is unpopularity; but all our taxes are more in name, than reality. So incon siderable have they been, that even in the worst of times, no instances of oppression have ever occurred.—Let us examine this subject in an unprejudiced manner, and see what proportion our taxes, at this time bear to our wealth. I will suppose a citizen to possess an estate of ten thousand pounds value in land and slaves; what will be the amount of his annual tax? not more than thirty dollars; and so for a greater or smaller estate; and it is conceivable that any reasonable man, thus informed, would oppose the payment of such a pittance, when he is also apprized of the necessities of government, and the right application of the money? Never have I conversed with any man rich or poor, in this way (and it is the way in which those who are better informed, should converse with their fellow citizens) but he always readily agreed to the justness of the reason, and showed a willingness to grant the most liberal contributions for the support of government. Again, let us enquire into the expenses arising from dissipation, pride & vanity, over and above, what would supply, not only the necessities of life, but the real comforts and many luxuries which are enjoyed; and what comparison will our taxes bear to those? It may be justly answered, not any worthy calculation. Taxes which are raised with a due regard to the ability of the people, and expended in the state for its various benefits, circulate like the blood in animal life, which gives strength and vigor to the whole system; when, if this circulation were wanting, death would ensue.
As well might it be said that the human body could exist without food and raiment, as that the body politic should flourish and prosper without proper and necessary contributions. I well know how great a virtue it is in private and public life to encourage economy and frugality; but these virtues should not degenerate into a parsimony, which will not suffer our affairs to be thrifty. It will be seen by a reference to the reports of the Auditor and Treasurer what number of warrants are issued in a given time, and what were paid when presented in the same time. So bare was the treasury during the summer, that very often the smallest contingent charge could not be paid. This proved not only injurious to the public credit, but more grievous to those citizens, whose necessities often obliged them to part with their warrants at a considerable discount.
It requires but little resolution to remedy this evil, and also another of no less importance to society, which is the want of a depositum always ready to answer emergencies, not easily foreseen, even by the most vigilant, provident, & sagacious Legislators. I have now laid before you such things, as have been thought most worthy of consideration relating to the public interests; those of subordinate concern will be the subject of another communication. It rests therefore with your honorable body to improve upon them, or not, according to the impression they may have upon you. Wishing you an agreeable session, which can be accomplished only, by an eager desire in all the members to unite in discharging the great duties entrusted to them, with a sincerity and a tension, in the true spirit of forbearance for differences of opinion; suffer me to conclude, by subscribing myself with all due respect, Your very obedient servant,  JOHN TYLER.  The Honorable The Speaker of  For the Enquirer.  CURRIE'S ADMINISTRATORS, AGAINST THE MUTUAL ASSURANCE SOCIETY.  This was an appeal from a judgment of the District Court of Petersburg, rendered in favor of the Mutual Assurance Society, against James Currie for $291.73, being the amount of a quota required from the defendant, (as one of the persons holding buildings, in a town insured by the said Society,) by a resolution adopted on the 25th of February, 1805, at a meeting of a board of directors of said society; which resolution calling for the quota, was signed by "A. L. McRae, President M. A. S."  By the principles of the original law, organizing the society, houses situated in the country and in towns were mutually assured; every member of the society, whether residing in town or country, became insurer for every other member, & the property insured was mutually pledged; but experience having evinced that the losses happening in the country bore no proportion to those in the towns; the Legislature, on the 29th of January 1805, at the instance of a majority of the members of the society, either personally present, or represented by members of the General Assembly, as authorized by a law passed subsequently to the original law, passed another act, separating the interests and risks of the inhabitants of the country, from those of the towns, so that the countryman was no longer liable for losses by fire occurring in towns, nor the townsman for losses occurring in the country.  By a regulation of the society made in the year 1795, in pursuance of powers vested in them by the original act, establishing the society, its business was managed by a President and fourteen directors; but by the act of 1805, it is declared that "there shall be in future only three directors, out of whom a president shall be chosen." Alexander McRae was elected President of the society, and three other persons, on the same day, were appointed directors. It does not appear that the President had been previously chosen one of the directors, out of whom he was to be taken, but he was certainly appointed by the same electoral body by whom the directors were chosen.  After the election of the President and Directors, a requisition, signed by the President, was made on the town members, for half a quota; but not on the country members—Currie resisted the payment of this quota; on two grounds, 1st. because the requisition on which it was founded, was not made under the original charter, but under a subsequent act which attempted to increase his risk without his consent; and 2d because whether that subsequent act be, or be not obligatory on him, the President of the society was not chosen out of the directors, according to the direction of the act under which he was appointed.  After argument by George E. Taylor & Cal for the appellants, Currie's Administrators, the having filed pending the appeal, and by Messrs. Wickham and Randolph for the Society, Judge ROANE & FLEMING, on Saturday the 2d of December 1805, delivered the following opinions, affirming the judgement of the District court—Judge FLEMMING declined sitting in the cause.  CURRIE vs. MUTUAL ASSURANCE COMPANY.  ROANE'S OPINION.  In the year 1795, the legislature passed an act, at the suggestion or an individual, "for establishing a mutual assurance society against fire upon buildings in this state." It provided for a subscription to the scheme, by individuals, and declared that the principle of the assurance should be, "that the citizens of this state may insure their buildings against losses and damages occasioned accidentally by fire, & that the insured pay the losses and expenses, each in his share, according to the sum insured." The act contains a few other provisions which may, also, be considered as forming a part of the principles of the institution; but none of them are perhaps of so fundamental a cast as this, nor apply so immediately to the case before us. The act further provided, that as soon as three millions of dollars should be subscribed, the subscribers should meet together, examine the system submitted to the legislature, and conclude on such rules and regulations, as to a majority of the subscribers might seem at liberty; and that the said society should be at liberty, from time to time, to alter and amend the said rules and regulations, as they may judge necessary; and in particular, that they should agree upon the premiums to be paid. The act also provided, that as soon as the society should have acted in the premises, and elected their agents and officers, it should be considered as incorporated by virtue of the act.  It is evident, that every thing touching the question before us, is left to the pleasure of the society itself by this act, or at least, every thing that does not invade the principle before mentioned, or some other principle admitted to be fundamental; and that some of the powers expressly recognized by the act, as appertaining to the society itself, (that of fixing and altering the premiums for example,) are equally  as important and as liable to be abused as the principle in question; which, it is presumed, has been infringed by the act of 1805, effecting a separation between the interests of the towns and those of the country.—The power to do right, unavoidably involves that of doing wrong; an adequate security to individuals, however, is, that the general will of the society finds no motive for injustice or oppression. The true question therefore before us, is, whether any fundamental principle exists in the case at bar, interdicting the separation of the interests in question; and if there be, whether the subsequent legislature had power to invade it?  These questions, and especially the last, involve great and momentous considerations. The near approach of the close of the term, does not allow me time to digest and arrange my ideas upon it, to my satisfaction; but as the interests of the society, and the public, demand a speedy decision, I shall not hesitate to give one.  In order to show, that the act in question is no law, and therefore, that it is further urged, is a compact, and as such is beyond the power of a succeeding legislature, Blackstone's definition of municipal law, has been relied on. Municipal law is defined by him to be "a rule of civil conduct prescribed by the supreme power of the state, commanding what is right, and prohibiting what is wrong;" and it is argued, that the act in question is no law, under this definition, for want of the generality implied by the term "rule," and because it is said to be not so much in the nature of a command by the legislature, as of a promise or contract proceeding from it. When we consider, that mere private statutes and acts of Parliament, are (even by this writer himself) universally classed among the municipal laws of England; nay, even that the particular customs of that kingdom admitted to form a part of the municipal code, it is evident, that this definition of municipal law, is by far too limited and narrow. I would rather adopt the definition of Justinian, that civil (or municipal) law is, "quod quisque sibi populus constituit;" bounding only in this country in relation to legislative acts, by the constitutions of the general and state governments; and limited also by considerations of justice. It was argued by a respectable member of the bar, that the legislature had a right to pass any law, however just or unjust, reasonable, or unreasonable. This is a position which scarcely hardly enough to contend for, under the doctrine of the boasted omnipotence of Parliament. What is this, but to lay prostrate, at the foot stool of the legislature, all our rights of person and of property, and abandon those great objects, for the protection of which, alone, all free governments have been instituted?  For my part, I will not outrage the character of any civilized people, by supposing them to have met in legislature, upon any other ground, than that of morality and justice. In this country, in particular, I will never forget, "that no free government, or the blessing of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by frequent recurrence to fundamental principles." I must add, however, that when any legislative act is to be questioned, on the ground of conflicting with the superior acts of the people, or of invading the vested rights of individuals, the case ought to be palpable and clear; in an equivocal or equivoquant case, it ought not easily to be admitted, that the immediate representatives of the people, representing as well the justice as the wisdom of the nation, have forgotten the great injunctions under which they are called to act. In such case, it ought rather to be believed, that the judging power is mistaken.  With respect to acts of incorporation, they ought never to be passed, but in consideration of services to be rendered to the public. This is the principle on which such charters are granted even in England (1 Black. Com. 467); and it holds a fortiori in this country, as our bill of rights interdicts all "exclusive and separate emoluments or privileges, from the community, but in consideration of public services" (art. 4). It may be often convenient for a set of associated individuals, to have the privileges of a corporation bestowed upon them; but their object is merely private or selfish, if it is detrimental to, or not promotive of, the public good, they have no adequate claim upon the legislature, for the privilege. But as it is possible that a legislature may be imposed upon in the first instance; and as the public good and the interests of the associated body, may, in the progress of time, by the gradual and natural working of events, be thrown entirely asunder, the question presents itself, whether, under such and similar circumstances, the hands of a succeeding legislature are tied up from revoking the privilege. My answer is, that they are not. In the first case, no consideration of public service ever existed, and in the last none continues to justify the privilege. It is the character of a legislative act to be repealable by a succeeding legislature; nor can a preceding legislature limit the power of its successor, on the mere ground of volition only. That effect can only arise from a state of things involving public utility, which includes the observance of justice and good faith towards all men.  These ideas are not new; they are entirely sanctioned by the sublime act of our legislature, "for establishing religious freedom." That act, after having declared & asserted certain self evident principles, touching the rights of religious freedom, concludes in this manner: "and though we well know, that this assembly, elected by the people for the ordinary purposes of legislation only, have no power to restrain the acts of succeeding assemblies, constituted with powers equal to their own, and that, therefore, to declare this act irrevocable, would be of no effect in law, yet we are free to declare, that the rights hereby asserted, are of the natural rights of mankind, and that if any act shall be hereafter passed, to repeal the present, or to narrow its operation, such act will be an infringement of natural right." Conforming to the principles declared in this luminous exposition, I infer, irresistibly, that the power of a succeeding legislature is bounded, only, (and that in cases of no equivocal complexion,) by the principles and provisions of the constitution and bill of rights, and by those great rights and principles, for the preservation of which all just governments are founded. It is not my intention to go into detail on the present subject; but the power of the succeeding legislature, is neither to be limited by a state of things, which, (as aforesaid,) leaves no beneficial result whatsoever, to the community, nor by those petty inequalities  and injuries, which arise to some individuals or classes of men, under every general regulation whatsoever. I will not say that the reason of the law ceasing, the law itself ought to continue; nor that we are to expect entire and exact justice, under any system whatsoever.  Under the actual case before us, I might, perhaps, have spared myself the necessity of this discussion. The principle stated in the act of 1795, which is supposed to have interdicted the separation in question, is couched in terms extremely abstract and general. While other principles declared by this act, have clearly and expressly continued the benefits of the institution to citizens of this state, and limited insurance to losses occasioned accidentally by fire; while it is clearly provided that retribution is to be made by the insured, and that according to the sum insured; the principle now immediately in question does not seem to prohibit a division or distribution of the members, or their interests into Classes, or districts. There was no motive for a restriction upon the society in this particular, especially in an institution of the first importance; and there is no reasonable fear of abuse, by the Society, of a power equally useful to all, and liable to produce injustice in one quarter as well as another. It was deemed proper to allow to the Society the benefit of experience; and as other powers of a character as important as the one before us were confessedly granted to the Society at large, wherefore should this be withheld? Reverting to the contemporaneous and successive construction of the act of 1795, by the Society itself, always acquiesced in by every member, it will be seen that the Society itself, inter alia, extended assurances to losses occasioned by lightning, also, (whereas the original act seems to have contemplated ordinary fire only;) that they excluded from the benefits of the institution certain combustible houses and buildings, and of their own mere authority, and prior to the existence of any legislative provision to that effect, permitted individuals to withdraw from the obligations they had incurred under the original institution. While it is far from my intention to arraign these wholesome and salutary exercises of power, on the part of the Society, in general meetings, I contend that these and some other powers are of a character as important, perhaps, as that of effecting a separation.  From these considerations, it would, perhaps, result, that the regulation in question did not require legislative aid to carry it into operation, but might have been effected by the Society itself. That however, is taking a broader ground than is necessary to be maintained on the present occasion. That aid having been afforded by the Legislature, it is enough for our purpose that the act of 1805, if it has produced any injustice at all, to any Class of subscribers, has fallen short of that crying grade of injustice, which alone can disarm the Act of its operation.—The Society itself, at least, considered this, on the contrary, as a measure essential to the Equalization of the risks; and in this respect I see no cause to differ from them in opinion.  By referring to the principle our law respecting Corporations, the foregoing results will be fully justified. Those artificial persons are rendered necessary in the law from the inconvenience, it not impracticability of keeping alive the rights of associated persons, by devolving them on one series of individuals after another.—The effect of them is, to consolidate the will of the whole, which is collected from the sense of the majority of those who constitute them. This decision by a majority is a fundamental law of Corporations in this country and in England; in which respect our law differs from the Civil Law; it requiring the concurrence of two thirds of the whole members. It is also a fundamental principle of Corporations, that this majority may establish rules and regulations for the Corporation; (which are considered as a sort of municipal law for the body corporate) subject only to a superior and fundamental law which may have been prescribed by the founder thereof, or by the Legislature which grants the privilege—perhaps, also, these petty Legislatures ought further to be limited by all those Considerations, (including the due observance of justice,) which I have endeavored to shew, ought to bound the proceedings of all Legislatures whomsoever. If, however, there be no such paramount law, or overruling principle, the mere will of the majority is competent to any regulation. I have endeavored to shew, that no principle exists in the case before us to answer the foregoing character: that the one suggested is entirely abstract and indefinite as to the point in question; and that it does not appear that any injustice has arisen, or can be reasonably expected to arise, from carrying the measure in question into operation.—But, further, a Corporation may be extinguished by the surrender of its rights and franchises; as to which the unanimous assent of every individual is not requisite. The will of the majority must prevail in this, as in other Cases. It is not to be expected that this kind of suicide will be committed, for light causes; and where causes of greater exigency require it, the Corporation should not hesitate to make the surrender.  I will put a Case, which will exemplify my meaning. By the Charter establishing the College of William and Mary, it was a fundamental law of the institution that a Divinity school should be kept up, for promoting a Seminary of Church of England Ministers, and another for the Instruction of the neighbouring Indians in the Arts and Sciences. Both of these have, by common consent, been discontinued in the Seminary, although they were required by the fundamental law thereof. A state of things has arisen, which has put down the then established Church, and given to other sects of religion their equal claims to the benefits resulting from that Institution—an Institution to the endowment of which, considerable portions of the public property were contributed; and as for an Indian school, that has been rendered unnecessary, among other considerations, by the change of our relations in respect of these Aborigines, and from their remoteness at the present day, from the seat of that Institution.  As it is not expected, that Corporations shall exist forever, when the reasons for granting them shall have passed away, and no public utility can ensue from their continuance, this right of surrender must incontrovertibly exist, even in derogation of the fundamental laws and principles. In the case before us, the resolution of the Society, on which the Act of 1805 was based, may be considered as such surrender, and that act as the acceptance thereof. The Interests of the Institution commenced thereafter, as it were, de novo; and a provision was made for a revision, and revaluation of the houses in the towns and in the country, as  • Virginia Bill of Rights, Art. 15.

thus separated. Whether, therefore, the measure adopted by the Society in 1805, and sanctioned by the Legislature, be considered as a legitimate change by the society itself, or as an ordinary regulation, or as a surrender of its ordinary regulation, one of the effects, as to the question before us, is precisely the same.
I have thus dispatched, as well as time will permit, the great question on which this case depends. It remains to say, that no act can be done by the society, but in General Meeting, as to the time and place of which, the law has provided, there shall be full and adequate notice; and this is a sufficient security against surprise. I will also add, that if any Class or set of Individuals are so peculiarly circumstanced, as that their interests should conflict with those of the majority of the society, while they have undoubtedly contracted to be bound by the suffrages of that majority, they are also protected from oppression, by the liberty guaranteed them, of withdrawing from the Institution altogether. It is better that an inconvenient member of the society should be lopped off, than the whole body Corporate should perish.
One objection of a minor character yet remains to be disposed of. It is that the requisition, under which the quota in question was demanded, is illegal; it having been adopted by a President not duly elected, it is said, that he not having been previously elected a Director.
By the original Act of 1794, the power of choosing a president and directors, without any restriction whatever, is admitted to be long to the society at large, in General Meeting. By the act of 1805, the Legislature has provided that the President shall be chosen out of 3 Directors, the whole to be chosen by the meeting; whence it is inferred there must be two separate and distinct elections. The objection in question does not come well, from those who contend, that the act of 1794 contains fundamental provisions, which even the Legislature is not competent to alter. I will not stop to enquire, whether the society at large acquired an exclusive and indefeasible right in the premises, under the original act of 1794, which will bear out the present proceeding: I will consider the Case as standing under the act of 1805 only—I will here remark, that I understand the case agreed, as only admitting that Mr. McRae was not previously appointed a Director, by a separate and distinct appointment: I do not understand it to admit, that the society did not appoint him a director eo tempore , that they appointed him president. By the terms of the act of 1805, a previous election , as Director, is not necessary; and, certainly, there can be no substantial reason for giving to it, such a construction. There can be no real utility in requiring an unnecessary Circuit of proceeding; and as a previous election , as Director, was not required by the Act, there was no objection to the Society husbanding their time by appointing a president and director, (both of which characters are to combine in the same person,) at one ballot.
In every view of this case, therefore, I am of opinion, that the judgment of the district court is correct, and ought to be affirmed.
JUDGE FLEMING.—The appellant, in the court below rested his defence on two points—1st, that Alexander McRae, who acted as President of the said Society, when the said resolution was passed; was not duly & lawfully elected; he not having been, previous to his appointment as President, appointed a Director, as by law directed; and 2ndly, that the motion could not be maintained under the act of 1794, for establishing the society; the requisition on which it was founded not having been made in conformity therewith; nor under the act of January, 1805, lately adopted at a general meeting; the said act having attempted to increase his risk, without his consent.
With respect to the first objection, there seems to me, to be no weight in it; by a regulation of the society made in the year 1795, its business was managed by a President and fourteen directors; that regulation having been found inconvenient, it is by the 9th section of the act of 1805, declared, that "there shall be in future only three directors, out of whom a president shall be chosen." I construe this clause in the act, in the same manner as if the words had been "there shall be in future only three directors, one of whom shall be president." And as to the mode of his election, it appears to me immaterial whether he was first elected president and afterwards the same day chosen one of the three directors, or had been first chosen a director, and afterwards elected president; as he was on the same day (and long before the resolution making the requisition in question) both president and one of the three directors; and so it was admitted by the app't counsel in the argument, which was perfectly consistent with the true meaning and spirit of the law.
2. As to the second objection, that at first view, seemed to have been of more consequence; but, on due consideration, that also, seems to be unavailing. The first institution of this society, which, as was generally supposed, would be of great convenience and utility to the community at large, was a mere matter of experiment, and which must probably undergo such changes and modifications as experience should point out, in order to make it more equal and extensively useful to the community. In contemplation then, of these circumstances, the legislature in the act that established and incorporated the society, provided by a special clause for the purpose, that "the society, or a majority of them, shall be at liberty, from time to time, to alter and amend the rules and regulations as they may judge necessary."
So with respect to the Constitution of the United States, which was composed by the collected wisdom of the whole union, after long deliberation it was found on experience, to be defective, & to require sundry amendments, which have been already made; and it is not yet, perhaps, quite perfect, which is the inevitable fate of all human institutions.
Of these circumstances Doctor Currie was fully apprized when he subscribed, and he became a member of the society; and therefore had no just ground of complaint.
A few years experience taught the society that, under the original constitution, the risk was very unequal, between the town and country subscribers, in favor of the former; and therefore it became necessary, in order to do justice to both classes, to separate their interests, as there was much more danger to the town, than to the country houses, and therefore on the principle of equality, and reciprocity, a majority of the society, on a representation to the Legislature procured an act of Assembly passed the 29th January, 1805, in which it is declared, that "all premiums and quotas, in future, be the assurance of houses in towns
shall be applied to the payment of losses sustained by the burning of houses in towns, and vice versa respecting losses, by the burning of houses in the country."
But it is objected that this regulation is not binding, because every individual member of the society was not consulted nor assenting to the regulation; it would be missing time to refute this argument, as in all institutions of this kind, the acts of a majority are binding on the whole: by the civil law that majority must consist of two thirds of the members. And the appellant's principal had the less reason to complain, as he was, by the 12th section of the same act, at full liberty to withdraw from the society, on giving six weeks previous notice, and paying all arrearages due at the time of withdrawal.
As to the right of the assembly to alter the charter, I will just observe that it was, in effect, done by the society itself, who, in order to give it more validity, did it under the sanction of a Legislative act—the same authority by which the institution was established; and I shall only subjoin a very correct note in Tucker's Blackstone, on the subject. That, "no corporation has been created in Virginia, since the revolution, but by an act of the legislature—their powers and privileges must therefore, depend wholly on the act of assembly, by which they were first established, or such as have been afterwards made, for the special purpose of limiting or enlarging their privileges respectively."
I, upon the whole, concur in the opinion that the judgment be affirmed.
Congress.
IN SENATE—Dec. 4, 1809.
Mr. Pope offered the following resolution, pre-facing it by observing that in several courts of the U. S. business had been interrupted and delayed in consequence of the age and infirmities of the judges presiding in them. At the last session of Congress an attempt had been made to permit the retirement of the judges from the bench with a moderate compensation; but it appeared that there could be no other remedy for the evil but an amendment to the constitution. He had therefore been induced to make the motion, which was loudly called for by the existing state of things.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, two thirds of both Houses concurring, That the following section be submitted to the Legislatures of the several states, when ratified and confirmed by the Legislatures of three fourths of the states shall be valid and binding as a part of the constitution of the U. States, in lieu of the first section of the third article thereof.
"The judicial power of the United States shall be vested in one supreme court and in such inferior courts as the Congress may from time to time ordain and establish. The judges both of the supreme and inferior courts shall hold their offices during good behavior or until they shall have respectively attained the age of 65 years but for any reasonable cause which shall not be sufficient ground for impeachment, the President shall remove any of them on the address of each House of Congress: Provided
however, That the cause or causes for which such removal may be required, shall be stated in such address or on the journal of each House. They shall at stated times receive for their services an adequate compensation to be fixed by law."
December 5.—Mr. Giles from the committee appointed on the first inst. reported in part the following resolution; which was read the first time and past to the second reading:
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the expressions contained in the official letter of Francis James Jackson, Minister Plenipotentiary of his Britannic Majesty near the United States, dated the 23d day of October, 1809, and addressed to Mr. Smith, Secretary of State, conveying the idea, that the Executive government of the United States had a knowledge that the arrangement lately made by Mr. Erskine, his predecessor, on behalf of his government, with the government of the United States, was entered into without competent powers on the part of Mr. Erskine for that purpose, were highly indecorous and insolent; that the repetition of the same intimation in his official letter dated the 4th of November, 1809, after he was apprised by the acknowledgment of the Secretary of State that the Executive government had no such knowledge, and that if it had possessed such knowledge, such arrangement would not have been entered into on the part of the U. States, and after also being officially apprised that such intimation was inadmissible; was still more insolent and affronting; and that in refusing to receive any further communications from him in consequence of these outrageous and premeditated insults, the Executive government has manifested a just regard to its own dignity and honor as well as to the character and interest of the American people.
That the letter signed Francis James Jackson, headed "Circular" dated the 13th of November, 1809, and published and circulated throughout the country, is still more direct and aggravated insult and affront to the American people and their government; as it is evidently an insidious attempt to excite their resentments and distrusts against their own government by appealing to them, through false or fallacious disguises, against some of its acts; and to excite resentments and divisions among the people themselves which can only be dishonorable to their own characters and ruinous to their own interests; and the Congress of the United States do hereby solemnly pledge themselves to the American people and to the world to stand by and support the Executive government in its refusal to receive any further communication from the said Francis James Jackson, or to call into action the whole force of the nation if it should become necessary in consequence of the conduct of the Executive government in this respect, to repel such insults and to assert and maintain the rights, the honor, and the interests of the United States.
Mr. Giles, from the same committee also reported the following bill, which was read and passed to a second reading.
A bill to prevent the abuse of the privileges & immunities enjoyed by foreign ministers within the U. S.
Be it enacted, &c. That if any foreign ambassador, minister, or other person, entitled to enjoy within the United States the privileges and immunities of a foreign minister, shall have committed, or may hereafter commit, any such act as by the laws and usages of nations would justify the President of the United States in ordering such offending ambassador, minister or other person as aforesaid out of the District of Columbia or out of the territories of the United States; or in sending him home to his sovereign, or to some place or territory within his sovereign's jurisdiction; in every such case where the President of the United States shall deem it proper and expedient to exercise his constitutional authority, in either of these respects he shall be, and is hereby authorised and empowered to cause a warrant to be issued and signed by the Secretary of State, directed to any civil officer of the U. States, authorised to serve process, or any literary officer under the authority of the U. States, commanding him to provide for and enforce the
departure of such ambassador, minister or other person as aforesaid, taking due precautions to avoid improper or unnecessary violence in executing such warrant. And all officers civil and military, under the authority of the United States are hereby required and enjoined to be obedient to such warrant. And in case any of them, civil or military, to whom such warrant shall be directed, shall fail, refuse or unreasonably delay to execute the same, every officer so offending shall be deemed guilty of a high misdemeanor, and shall be punished by fine and imprisonment, before any court of the United States having cognizance of the offence—Provided, That the fine shall not exceed _____ dollars, nor the imprisonment be for a longer time than _____ years.
Mr. Giles gave notice that he should call for the consideration of this subject on Thursday next.
HOUSE OF REPRESENTATIVES.
MONDAY, Dec. 4.
Mr. Whitehill presented the petition of sundry citizens of the state of Pennsylvania, praying that the importation of foreign spirits distilled from grain may be prohibited, and that a higher duty be laid on the importation of spirits distilled from any other substances. Referred to the Committee of Commerce and Manufactures.
Mr. Bradley presented the memorial of Thomas Randolph, stating that Jonathan Jennings, the sitting delegate from Indiana territory, was not legally elected, and praying that his seat may be vacated and a new election ordered—Referred to the committee of Elections.
COMMITTEE OF MANUFACTURES.
Mr. Sawyer asked leave to lay upon the table the following resolution of a nature similar to one which he had proposed at the last session, which, from the shortness of the session, he presumed, rather than from any unfriendly disposition never had been acted on:
Resolved, That a standing committee be appointed to be called the committee of manufactures; whose duty it shall be to take into consideration all such petitions, matters and things touching the manufactures as shall be presented or shall or may come in question and be referred to them by the House and to report from time to time their opinion thereon.
Mr. S. said it was certainly too much to expect any one committee to do justice to two such important subjects, becoming daily more so, as those of commerce and manufactures. He wished to have a committee on the subject of manufactures the undivided energies of the best talents of the House; he hoped that all the rays of patriotism and genius in the House would be directed to the subject, as to a focal point at which they should all converge. How could one committee properly attend to the mass of business before the committee of Commerce and manufactures? The subjects confined to them could not be acted on; and yet important matters were continually dropping into this gulph of oblivion. This committee, however, did all that could be expected of them; he did not believe that any member of it was hostile to manufactures—he could answer for the chairman (Mr. Newton) whom he knew to be friendly to manufactures both from precept and example. It was because it was impossible for the committee to attend to all the business before it, that he offered the resolution:
Mr. Sawyer's motion lies on the table one day of course, according to the rules of the House.
NATIONAL BANKS AND INTERNAL IMPROVEMENT.
Mr. Nicholson laid on the table the following resolution, which was ordered to be printed:
Resolved, That provision be made by law for a general national establishment of banks throughout the U. States; and that the profits arising from the same, together with such surpluses of revenue as may accrue, be appropriated for the "general welfare," in the construction of public roads and canals, and the establishment of seminaries for education throughout the U. S.
VIOLATIONS OF NEUTRAL RIGHTS.
Mr. Troup begged leave to submit to the consideration of the House, several resolutions which had for their object the vindication of the commercial rights of the U. States against the belligerent nations of Europe. He submitted them at this time with less reluctance, because the introduction of them was in no wise inconsistent with the most friendly negotiation which might be pending with foreign governments. It is high time (said Mr. Troup) in my opinion, that these commercial rights were either vindicated or abandoned. The remnant of commerce which the joint operation of the belligerent decrees has left to us is scarcely worth carrying on. To designate what this little is, would be no difficult matter, but it would be superfluous—every one who hears me understands it.
But it would be well to enquire on what principle the belligerents pretend to justify these commercial restrictions. The avowed principle is that of retaliation—but is it the true principle? Unquestionably not. And why? Because it is equally asserted by both belligerents. Both cannot be retaliators; one must be the aggressor, the other the retaliator. If this principle then be equally urged by both, who is to judge between them? If the alleged principle of retaliation be not the true one, what is? As respects France, the true principle of her decree is to be sought in the policy of embarrassing England by excluding from the continent British merchandise; and as to Great Britain, the principle of her orders in council may be found in the consideration of her interest and her power. She avowedly contends that it is her interest to engross the commerce of the world; that she has the power to engross it, and therefore she will engross it. But what are the principles more specifically asserted by Great Britain? First—the right of blockade by proclamation; 2d, the right to turn your vessels into her ports to pay duty and take out a license. This right of blockading by proclamation is not a right growing out of a state of war; it is no belligerent right; it is a pretension as applicable to a state of peace as to a state of war, and if we submit to it in a state of war, we must submit to it in a state of peace. The only principle of blockade which we recognise is, that which gives to belligerents a right to turn from ports so closely invested as to make the entry of them dangerous, and after due warning vessels bound to them. But the right asserted by Great Britain to blockade by a piece of parchment or paper issued from her council chamber, a port or ports, a kingdom or kingdoms, a continent or continents, is a right no more relative to a state of war than to a state of peace; and if we submit to the pretension in a state of war, we must equally submit to it in a state of peace. It is founded in the most arbitrary tyranny, it goes to the annihilation of your commerce. As to the other right of forcing our vessels into her ports to pay duty & take out license, this is equally applicable to a state of peace as to a state of war. We acknowledge the right of Great Britain or of any other nation to shut her ports against us, provided there be no treaty stipulation to the contrary. But the right of Great Britain or of France to shut her ports against us, is a right no more appertaining to a belligerent than to a neutral. If we submit to it in war, we must equally submit in peace. And this right, like the other, is founded in the most arbitrary tyranny. What right has Britain to tyrannize on the ocean and prescribe the limits of our trade? She will not permit us to trade which she cannot herself enjoy; she prohibits us to trade which our government permits, because it is her interest to monopolize it. It is equally our interest to monopolize, and therefore if you please, sir, we will prohibit the trade which her government permits, and which it is our interest to monopolize.
If Great Britain can rightly prohibit our trade because it is her interest to prohibit it, have we
not the right to prohibit her trade for the same reason? If she with right and justice can stop and seize and confiscate our vessels, because they attempt a trade which she forbids, and only because she forbids it, cannot our government do the same in relation to her trade? If she can turn our vessels into her ports to pay duty and take out license, what prohibits us from doing the same as to her vessels? England is a nation; so are we. England is independent; so are we. What prohibits us from doing to England what England does to us? Unquestionably nothing. To say that we have no right to do to England what England does to us, is to acknowledge our own inferiority; it is to acknowledge that she may demand without limitation, and that we are under obligation to submit without limitation.
I am aware, that it may be objected to the resolutions, that the adoption of them would lead to hostility; but the same objection is equally applicable to any resolution which would go to the vindication of our commercial rights. They ought not to lead to hostility; they are merely retaliatory. They follow the spirit of the British orders in council and French decrees, and therefore cannot be complained of by either power. There is a great and profitable commerce, and rapidly increasing, passing not indeed before our doors, but near enough to make the capture of vessels engaged in it convenient to us, which the resolutions have chiefly in view. I allude to the Brazil and Spanish Main trade.
It is not matter of surprise, that a commerce so profitable, so extensive and so convenient, should have been permitted to a government, which permits no commerce to us, but what her convenience and interest suggest? Is it not strange, that we should have suffered that government to participate in a commerce which both our interest and our convenience stimulate us to engross? But above all, is it not inexplicable, that we should passively have suffered the monopoly of it by her, when we ourselves were willing and able to engross it?
The House will perceive on the face of the resolutions, that as they regard France they are equivalent to a war measure—either by a war measure or by that which we have the honor to submit, can we come in contact with France; she has no commerce on the ocean. In relation to England it is short, infinitely short of war; because by war her continental colonies would fall; her West India Islands would be distressed, and our privateers would cut up her commerce; but the resolutions propose merely to retort the evils of her own injustice, to do other what, and no more than what, she has done to us; reserving for another occasion any further remarks. I beg leave to read the resolutions to the House.
Mr. Troup then read the following resolutions:
Resolved, That it is expedient to authorise the President, by law to instruct the commanders of armed vessels of the U. S. to stop & bring into the ports of the same, all ships or vessels with their cargoes, the property of the subjects of the king of Great Britain, & of the emperor of France bound to ports other than those within the dominions or colonies of either.
Resolved, That it is expedient further to authorise by law, the detention of all ships or vessels, with their cargoes, the property of the subjects of the king of Great Britain, until the duties to be regulated and ascertained by law, shall be first levied and collected upon the goods and merchandise, whereof the said ships or vessels shall have received their licence to depart.
Resolved, That it is expedient further to authorise by law the detention of all ships or vessels with their cargoes, the property of the subjects of the Emperor of France brought within the ports of the United States, there to abide the final decision or order of the government in relation to the same.
Resolved, That an ad valorem duty of _____ be levied and collected on all goods, wares or merchandise of British product or manufacture.
Resolved, That it is expedient further to authorise the President, on payment of the duties authorised to be levied & collected on the goods laden on board vessels, the property of the subjects of the king of Great Britain, forthwith to grant licence to such vessels to depart and proceed to the port of original destination, without further hindrance or molestation.
The House having agreed to consider these resolutions.
On motion of Mr. Troup, they were ordered to lie on the table as he stated, to give to every member the same time to consider them, as he has himself taken.
THIRD CENSUS.
Mr. Fisk said that among the objects to which the attention of Congress ought to be directed at the present session, was that embraced in the following motion:
"That provision ought to be made by law for taking the third census of the inhabitants of the U. S."
The motion was agreed to without opposition, and a committee appointed to bring in a bill conformably thereto.
FOREIGN LICENSES.
Mr. McKim, after some remarks going to show that no subject more imperiously demanded the attention of the Legislature than the practice pursued by some Americans, of trading under foreign licenses, submitted the following resolution; which was ordered to lie for consideration.
Resolved, That a committee be appointed to enquire into the expediency of prohibiting by law, vessels owned by citizens of the U. States from trading under the licenses or permissions of any foreign prince or state, to any port or place not under the dominion of such foreign prince or state, and that the committee have leave to report by bill or otherwise.
BOSTON, Nov. 29. LATEST FROM ENGLAND.
The fast sailing ship Packet, Captain Trott, arrived here last evening, in 34 days from Liverpool—Our London files, by her, are to the 21st (Evening) Oct.
Not an additional official particular of the terms of the peace imposed on Austria, known to be humiliating—had transpired; though the naked fact had been officially announced in Holland. The cause of this silence occasioned many conjectures, not worth repeating.
The last Couriers stated, that no prospect of any negotiation with France existed—that parliament would not meet until January; and that discussion on ministerial alterations, had given place to schemes for celebrating the approaching Jubilee, (25th October,) when the British King entered the 50th year of his reign—At the last Cabinet Council were Earl Camden, Mr. Perceval, Earls Bathurst, Liverpool and Harrowby, & Lord Mulgrave.
Passengers in the Packet—Mr. David Hickley, capt. Hinton, captain Delano, captain Furness, Mr. Miller, Mr. Hurd, Mr. S. Briggs, Mr. H. Patterson, and Mr. West. From some of them we learn, that opinions on American affairs in England, were suspended on the fate of Mr. Jackson's negotiation here; but that the public sentiment appeared less amicably disposed towards us than heretofore. After the peace with
Austria, the confidence in the success of Spain abated.—Continued
"NEW YORK, Dec. 2." Arrived U. S. Schooner Enterprise, Lt. Tripp, in 47 days from Amsterdam—brings no despatches nor news. Nothing was known at Amsterdam, of the Peace between Austria and France. She sailed Oct. 15.
"The vessels so long wind bound in this port have just sailed—Among them is the British packet for England—She took out copies of the Intelligencer , with the documents, received by this morning's mail. "Several vessels below."
"The New York Evening Post of Saturday, says:—"When the Enterprise left Amsterdam, Oct. 15, there was great rejoicing on account of the Treaty of Peace between France & Austria."
"From Havre Nov. 3." The brig Nancy, Mitchell, of Philadelphia, sailed for Savannah with special permission from the government to return again.
"PHILADELPHIA Dec. 3." Yesterday arrived here Mr. Jackson, British Minister, and family, on their way from Washington to New York. We are told he means to make a short stay in this city.
Extract of a letter to the Editor of the Baltimore American, dated
"WASHINGTON, Dec. 4.
"A duel took place this morning between Mr. John G. Jackson and Mr. Pearson, a federal member from North Carolina, near this, in Maryland. The first shot exchanged produced no effect, except the explosion of powder. The second shot resulted in the reception of a ball, through some part of his body, by Mr. Jackson. The wound is not supposed to be mortal.
Mr. Jackson now lies at Mrs. Digge's, about five miles from Georgetown, near the Frederick road—This disagreeable occurrence happened in consequence of some words which passed between the gentlemen during the June session in the discussion of the reports of the committee in relation to the American prisoners confined in Carthage.
"Other accounts represent Mr. J's wound as dangerous, others as mortal.
"On Thursday, JOHN TYLER, Esq. was re-elected Governor of this Commonwealth for the ensuing year, by joint ballot of both houses of the General Assembly.
Richmond Theatre.
The public are respectfully informed, in future there will be no postponement on account of weather.
This Evening, (Saturday) December 9, 1809, will be presented, the Grand Historical Play of
PIZARRO;
OR, THE DEATH OF ROLLA.
To which will be added the COMIC PAN-TOMIME of
Harlequin Pastry Cook.
Doors to be opened at 5, the Curtain to rise at 6 o'clock. * * In future the days of performance will be on Monday, Wednesday, Friday and Saturday. DECEMBER 9, 1809.
TO RENT, and immediate possession given, the STORE-HOUSE & GARDEN formerly occupied as a Grocery by the late Samuel Pointer, on Shockoe Hill. Apply to BENJ. WOLFE, Exor. of SAML. POINTER, dec'd. December 9. 2t
IN CHANCERY.—At a Court held for Cumberland County, the 27th day of November, 1809.
William Moore & Mary his wife, Plaintiffs —Against John Hudson, Henry Moore Hudson, Thomas Hudson, Francis Hudson, William Hudson, Samuel Hudson, Wm. Taylor and Rebecca his wife, and John Ballow and Elizabeth his wife, legal representatives of William Hudson, defendants .
This day came the plaintiffs by their attorney, and it appearing to the satisfaction of the court that two of the defendants, Henry Moore Hudson and Francis Hudson, are not inhabitants of this state, on the motion of the plaintiffs by their counsel, it is ordered, that the said defendants do appear here on the first day of February term next and answer the bill of the plaintiffs, or the same shall then be taken as confessed, and the matter thereof decreed accordingly, and that a copy of this order be forthwith inserted in some one of the newspapers published in the city of Richmond, and posted at the front door of the court-house of this county.
A Copy. Attest, MILLER WOODSON, jr. D. C. C. C. December 9. w2m
SALES AT AUCTION.
ON Wednesday the 13th instant, will be sold, without reserve, at the office of the subscribers, a variety of Jewels, Medals and old Gold and Silver, belonging to the estate of Capt. Wm. Richardson, dec'd—Also a quantity of Silver-smith's Sweepings, to be seen any day previous to the sale at Mr. Cowan's—Terms made known on the day of sale. By order of the Executor. FOSTER & SATCHELL, Auc'rs. December 9. td
All persons having articles for repair with the late Captain William Richardson, are requested to call on the subscribers before the day of sale. FOSTER & SATCHELL.
FOR SALE—By virtue of a decree of the superior Court in Chancery for the Richmond district, pronounced on the 21st September, 1809, will be sold on the premises, on Saturday the 30th of this month, to the highest bidder, the BRICK HOUSE & LOT OF GROUND adjoining thereto, situate on Shockoe Hill on the main street leading to the turnpike road, and at present occupied by Mr. Joseph Carter as a Grocery—The sale is made to raise a sum of money, interest and costs, due from John B. Wynn to James Gowan, assignee of James Innis, as particularly mentioned in said decree. JOHN F. PRICE, Commissioner. Richmond, December 9. td
RETAIL NIGHT AUCTION.
THE SUBSCRIBER has opened a RETAIL NIGHT AUCTION, for the sale of DRY GOODS, GROCERIES, BOOKS, or any articles his friends, or the Public in general, may favor him with. He intends selling in large or small quantities, most for the advantage of owners or convenience of purchasers: And he hopes from the particular attention and punctuality, he is determined to pay to the business, to merit the patronage of a generous public. RICHARD BROCKE. November 14. G.W.L.M.

DOCUMENTS. Which accompanied the Message of the President of the United States.
(CONCLUDED.)
Mr. Canning to Mr. Pinkney. Foreign Office, May 27, 1808.
Sir—According to the intimation which I gave to you in our last conference, I have now the honor to enclose to you a copy of the Order in Council which his Majesty has directed to be issued for the purpose of preventing as far as possible any inconvenience or detriment to the Merchants of the United States, who may have entered into commercial engagements of Mr. Erskine previously to the notification in America of his Majesty's disavowal of those engagements.
Having had the honor to read to you in extenso the instructions with which Mr. Erskine was furnished, it is not necessary for me to enter into any explanation of those points in which Mr. Erskine has acted, not only not in conformity, but in direct contradiction to them.
I forbear equally from troubling you, sir, with any comment on the manner in which Mr. Erskine's communications have been received by the American government, or upon the terms and spirit of Mr. Smith's share of the consideration. Such observations will be communicated more properly through the Minister, whom his Majesty has directed to proceed to America—not on any special mission (which Mr. Erskine was not authorised to promise, except upon conditions not one of which he has obtained) but as the successor of Mr. Erskine whom his Majesty has not lost a moment in recalling.
I have the honor to be with great consideration, Sir, Your most obedient, Humble servant, (Signed) GEORGE CANNING.
[Here follows the Order in Council of May 24, 1809, as already given in the Enquirer.]
Mr. Pinkney's answer. Great Cumberland Place, May 29, 1809. Sir—I have received the communication which you did me the honor to address to me on the 27th inst. and will hasten to transmit it to the Secretary of State of the U. States.
No instructions or information from my government concerning the transactions in America to which your communication alludes having yet reached me, I can only express my concern that the conciliatory arrangements concerted and concluded, as you have done me the honor to inform me, between the American Secretary of State and his Majesty's accredited Minister at Washington, acting in consequence, and professing to act in pursuance, of regular instructions from his court, are not likely to have all that effect which was naturally to have been expected from them.
I have the honor to be, With great consideration, Sir, Your most obedient, Humble servant. WM. PINKNEY.
The Right Honorable George Canning, Esq. [Here follows the President's Proclamation of 9th August, interdicting anew the commercial intercourse with Great Britain, and the Secretary of Treasury's Circular to the Collectors—already published in this paper.]
General Armstrong to Mr. Smith, Secretary of State. Paris, September 4, 1809. Sir, The letter of which I send you a copy, was received during my absence and detained in Paris till my return. The note promised in it has not yet been received. Mr. Warren informs me, that the Council of Prizes has been ordered to suspend their proceedings with regard to our vessels.
I have the honor to be, sir, with high consideration, Your most obedient and Very humble servant, JOHN ARMSTRONG.
Count Champagny to General Armstrong. Vienna, 8th August, 1809. TRANSLATION. Sir—You have desired that one of the American vessels which are in the ports of France might be authorised to depart for the United States with your despatches. I have taken the orders of his Majesty on the subject of this demand, and his Majesty always disposed to facilitate your communications with your government, has permitted the departure of the vessel you shall designate. I inform the ministers of the marine and of the finances of this disposition, requesting them to ensure the execution of it so soon as you shall have made known to them the name of the vessel and the port from which she is to depart.
I have the honor, sir, to apprise you that I shall forthwith address to you a note by order of his Majesty on the actual situation of our relations with the United States. Please to profit by the departure of the vessel to make this known to the federal government, and permit me also to send by that conveyance some despatches to the Minister Plenipotentiary of his Majesty to the United States.
Accept, sir, the assurances, &c. &c. (Signed) CHAMPAGNY.
His Excellency General Armstrong Esq. [Extract of a letter from Gen. Armstrong to Mr. Smith, Secretary of State. Paris, Sept. 15, 1809.]
"I received on the 6th inst. on my return from Holland, two notes from Count Champagny, copies of which I have the honor to enclose. In one of these you will find an exposition of the principles which have governed, and which will continue to govern the conduct of his Majesty with regard to neutral commerce. To this, which was offered as a definitive answer to our propositions, I have believed that any reply, before I had received the further instructions of the President, would have been premature."
"Mr. Lawrence arrived at L'Orient on the 9th and Mr. Haswell at Paris, with your despatch of the 12th August last, on the 15th inst. I immediately communicated to Count Champagny the President's proclamation interdicting anew all commercial intercourse between the United States and Great Britain, and gave such other explanations as the case appeared to require."
[Extract of a letter from Count Champagny to General Armstrong, dated Altenburg, August 22, 1809.]
TRANSLATION. "I have the honor to address to you the subjoined note, which his Majesty has ordered me to send to you and which I have announced in my last despatch. If France does not do at this time all that the United States of America can desire, your government will be able to see that neither prejudice nor animosity influences its conduct; that it is the effect of its attachment to principles which the American, more than any other people, are interested in supporting, and the necessity of reprisals which circumstances impose. The Emperor will consider as an indispensable condition that the United States contribute to the prosperity of America, in leaving to its commerce all the liberty and all the extension which can render it flourishing."
Official note from Count Champagny to Gen. Armstrong. ALTEMBURG, Aug. 22, 1809. TRANSLATION. SIR, His majesty, the Emperor, apprised that you are to send a vessel to America, has ordered me to make known to you the invariable principles which have regulated and which will regulate his conduct on the great question of neutrals.
France admits the principle, that the flag covers the merchandise. A merchant vessel, sailing with all the necessary papers (avec les expéditions) from its government, is a floating colony. To do violence to such a vessel, by visits, by searches, and by other acts of an arbitrary authority, is to violate the territory of an arbitrary authority, is to infringe on the independence of its government. The reason does not belong to any nation; it is the common property of mankind, and the domain of all.
Enemy merchant vessels belonging to individuals who do not fight ought not to be made prisoners or war. In all her conquests, France has respected private property. The warehouses and the shops have remained with their proprietors. They have been free to dispose of their merchandise as they pleased, and at this moment a great number (couvois) of wagons, loaded principally with cotton, pass through the French armies, through Austria and Germany, on their way to such places as commerce has directed.
If France had adopted the usages of maritime war, all the merchandise of the continent of Europe would have been accumulated in France, and would have become a source of immense wealth. Such would have been, without doubt, the pretensions of the English, if they had had on the land that superiority which they have obtained at sea. We should have seen, as in the times of barbarism, the vanquished sold as slaves and their lands parcelled out. Mercantile activity would have usurped every thing; and the return to barbarous usages would have been the work of the government of a nation that has improved the arts and civilization. That government is not ignorant of the injustice of its maritime code—but what signifies it, to what is just? It only considers what is useful to itself.
Such are the principles of the Emperor on the usages and the rights of maritime war. When France shall have acquired a marine proportioned to the extent of her coasts, and her population, the Emperor will put more and more in practice these maxims, and will use his endeavors to render the adoption of them general.
bute to the prosperity of America, in leaving to its commerce all the liberty and all the extension which can render it flourishing."
Official note from Count Champagny to Gen. Armstrong. ALTEMBURG, Aug. 22, 1809.
TRANSLATION. SIR, His majesty, the Emperor, apprised that you are to send a vessel to America, has ordered me to make known to you the invariable principles which have regulated and which will regulate his conduct on the great question of neutrals.
France admits the principle, that the flag covers the merchandise. A merchant vessel, sailing with all the necessary papers (avec les expéditions) from its government, is a floating colony. To do violence to such a vessel, by visits, by searches, and by other acts of an arbitrary authority, is to violate the territory of an arbitrary authority, is to infringe on the independence of its government. The reason does not belong to any nation; it is the common property of mankind, and the domain of all.
Enemy merchant vessels belonging to individuals who do not fight ought not to be made prisoners or war. In all her conquests, France has respected private property. The warehouses and the shops have remained with their proprietors. They have been free to dispose of their merchandise as they pleased, and at this moment a great number (couvois) of wagons, loaded principally with cotton, pass through the French armies, through Austria and Germany, on their way to such places as commerce has directed.
If France had adopted the usages of maritime war, all the merchandise of the continent of Europe would have been accumulated in France, and would have become a source of immense wealth. Such would have been, without doubt, the pretensions of the English, if they had had on the land that superiority which they have obtained at sea. We should have seen, as in the times of barbarism, the vanquished sold as slaves and their lands parcelled out. Mercantile activity would have usurped every thing; and the return to barbarous usages would have been the work of the government of a nation that has improved the arts and civilization. That government is not ignorant of the injustice of its maritime code—but what signifies it, to what is just? It only considers what is useful to itself.
Such are the principles of the Emperor on the usages and the rights of maritime war. When France shall have acquired a marine proportioned to the extent of her coasts, and her population, the Emperor will put more and more in practice these maxims, and will use his endeavors to render the adoption of them general.
The right, or rather the pretension of blockading by a Proclamation, rivers and coasts, is monstrous (revoltante) as it is absurd. A right cannot be derived from the will or the caprice of one of the interested parties, but ought to be derived from the nature of things themselves. A place is not truly blockaded until it is invested by land and by sea; it is blockaded to prevent it from receiving the succours which might retard its surrender. It is only then, that the right of preventing neutral vessels from entering it, exists; for the place so attacked is in danger of being taken, and the dominion of it is doubtful, and contested by the master of the town and him who blockades or besieges it. Hence the right of preventing even neutrals from having access to it.
The sovereignty and the independence of the flag are like the sovereignty and independence of the territory, the property of all neutrals. A state may give itself to another, may destroy the act of its independence, may change its sovereign; but the rights of sovereignty are indivisible and unalienable; none can give up any part of them.
England has placed France in a state of blockade. The Emperor by his decree of Berlin, has declared the British Isles in a state of blockade. The first measure kept neutral vessels at a distance from France, the second has interdicted to them England.
By the Orders in Council of the 11th November, 1807, England has laid a toll on neutral vessels, and has obliged them to pass through her ports before they should go to the places of their destination. By a decree of the 17th of December of the same year, the Emperor has declared those vessels, which shall have been violated, degraded, trodden under foot, as no longer belonging to their nation, (denaturation.)
To agree, itself from the acts of violence, with which this state of things threatened its commerce, America laid an embargo on her ports; and although France, who had done nothing; more than resort to reprisals, saw her interests and the interests of her colonies wounded by this measure, nevertheless the Emperor applauded this generous determination of renouncing all commerce rather than acknowledge the dominion (domination) of the tyrants of the seas.
The embargo has been raised, a system of exclusion has been substituted for it. The continental powers league against England make a common cause, they aim at the same object; they will reap the same advantages, they ought also to run the same risks. The ports of Holland, of the Elbe, of the Weser, of Italy and of Spain, will not enjoy ("jouiront") any advantage of which those of France may be deprived. They will both (les uns et les autres) be either open or shut at the same time to the commerce of which they may be the object.
Thus, sir, France acknowledges in principle the liberty of the commerce of neutrals and the independence of maritime powers. She has respected them until the moment when the maritime tyranny of England (which respected nothing) and the arbitrary acts of its government have forced her to measures of reprisal, which she has not adopted but with reluctance. Let England revoke her declarations of blockade against France; France will revoke her decree of blockade against England. Let England revoke her Orders in Council of the 11th November, 1807; the decree of Milan will fall of itself. The American commerce will then have regained all its liberty, and it will be sure of finding favor and protection in the ports of France. But it is for the United States by their firmness, to bring on these happy results. Can a nation that wishes to remain free and sovereign, even balance between some temporary interests, and the great interests of its independence and the maintenance of its honor, of its sovereignty, and of its dignity!
Please to accept, sir, the assurance of my high consideration. (Signed) CHAMPAGNY.
ON Wednesday, December 27, 1809—At the late dwelling-house of Nathaniel Lancaster, dec'd. about ten miles above the court-house, in Prince Edward county, on Appomattox river: Will be sold, to the highest bidder, the following PROPERTY, belonging to the estate of the deceased, a valuable stock of Horses, Cattle, Hogs and Sheep, the plantation Utensils, household and kitchen Furniture, too tedious to mention.
Also: Nine valuable NEGROES; also, the crop of Corn, Wheat, Oats and Fodder. A credit of twelve months will be given the purchasers, on their giving bond, with approved security.
All those who have legal claims against the estate of the deceased, will be pleased to exhibit them duly authenticated, on or before the day of sale, to enable the administrators to make provision for their payment. All those who are indebted to the estate, will see the necessity of immediate payment, as it must be evident no indulgence can be given.
JOHN LANCASTER, } Admrs. ROBERT LANCASTER, } wfw
N. B. The above Tract of Land will be sold either altogether or divided, as may best suit purchasers.
EDUCATION. —The SCHOOL at the Forge Mill, will be continued the ensuing year, under the direction of Richard and Brooke Hill, in which will be taught Reading, Writing, Grammar, Arithmetic, Geography, the use of the Globes, Mathematics, with its application to surveying, &c. Ferguson's and Blair's Lectures, and the Latin language. The price for board will be $7.50—Tuition $2.50, to be paid quarterly; each boarder finding his own bed. Books will be furnished, if requested, by parents and guardians. The School will begin on the 15th January, and end on the 15th Dec. following. King and Queen, Nov. 24. wfw
BY virtue of a deed of trust executed to us by Sally Hill, for purposes therein mentioned, will be sold, to the highest bidder, at the late dwelling house of Thos. H. Hill, dec'd. on the 16th next month, a Negro GIRL, and a parcel of Household and Kitchen FURNITURE, &c. &c. A credit till the rising of the next General Assembly will be given. Bonds with undoubted security will be required to carry interest from the date till paid. NOTON GOODMAN, JOHN ROBSON, Jr. November 24. wfw
THE Subscriber has recently obtained licence as an auctioneer in this city, his office is in Mr. James C. Anthony's large fire-proof building near Stock-Warehouse, where he offers his services to the public to purchase and sell Bank Stock, Good Notes, all kinds of Goods, Wares & Merchandise, Lands, Tenements, Tobacco, Flour, &c. He will always consider it his duty faithfully to observe the interest of those who may honor him with their confidence, and neglect no opportunity to promote him in their esteem. BARTLETT STILL. All kinds of Goods and Produce, stored and delivered on the shortest notice by B. S. December 1.
WAS Committed to the Jail of Newbern County on the 17th day of May last, a negro Fellow who calls himself Billy; he is about five feet, ten inches high, of a jet black complexion, he was sold from this County about fifteen years ago by Griffin Forester to a Mr. Jones of Bedford, and by him to a Mr. Scott of Hawkins County in the State of Tennessee. The owner is requested to apply, prove property, pay charges, or he will be sold to pay his prison fees according to law. JOSEPH ROGERS, Jailor. Northd. County, Oct. 24. wfw
BATTES-EA PAPER MILLS.—Those who wish to encourage the manufactures of their own state are informed, that they can be supplied with Paper Manufactured in Petersburg, in any quantities. PRICES AS FOLLOWS: Fine Letter Paper Vellum, $ 4 75 Do. do. Laid, 4 50 Fools Cap No. 1. 4 37 1/2 Do. do. No. 2. 3 37 1/2 Do. do. No. 3. 3 12 1/2 Folio Post Vellum, 9 50 Do. do. Laid, 9 00 Fine Printing Medium, 5 50 Do. do. 4 50 Excellent Wrapping Paper, 1 12 1/2 A liberal discount made to wholesale purchasers. Orders for any of the above qualities, addressed to the subscribers, executed at the shortest notice. BANISTER & Co. wfw August 4.
IN COUNCIL, September 19th, 1809 IT is advised, that from and after the first 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 Journals, DANIEL L. HYLTON, Clerk of the Council. September 23. will
FIFTY DOLLARS REWARD. RUN-AWAY, from the Subscriber, in the city of Richmond, on the 29th of October last, a Negro Man named BILLY, supposed to be about five feet nine or ten inches high; stout; well made, a little bow-legged, has a full face; about twenty years of age; was purchased of Cyrus Curtis of Northumberland County; was raised in Lancaster County, on the Currituck plantation by Mr. Carter; he is called by the negroes of that place, waitingman Billy; he is well acquainted at Shirley, James River, where it is likely he is lurking at this time. I will give the above reward if secured in jail in the City of Richmond, or sixty dollars if secured in any jail in the state of Virginia, and information given to Joseph Carter, of Richmond, or John Winn, of Charlottesville. THOS. WINN, Jr. wfw October 27.
JUST LANDED, and for sale by the subscriber, at his Grocery Store: Gun-Powder TEA, of superior quality, Do. in canisters of 2lb. and 2lb. 1/2 each, Imperial Esling, Young Hyson do. and Hyson Chulang, Souhong Patre and Pico Souhong, 100 Dozen bottles best Caret WINE, 50 Doz. Champagne and Burgundy, Best old Madeira, Sillery do. Sherry, Lisbon, Tenerife and Malaga Wine, And Pine Apple Cheese, With a complete assortment in his line, which he offers low for each. AUBIN LAFOREST. Also, 80 kegs F, FF and FFF Brandy Wine Gun-Powder, & November 17. wfw
FOR SALE —One thousand acres Land lying in the lower end Buckingham county, on both sides of Buffalo creek, and on the road leading from Ca-Ira to New Canton within half a mile of navigation, on Willie's river, and about two from Ca-Ira. This tract is esteemed remarkably fertile, and has a plantation cleared on it sufficient to work ten or twelve hands to advantage, and a good proportion of rich tobacco Land to clear. The improvements are only sufficient for the accommodation of an overseer and negroes, with a barn, and apple orchard. This estate, from its great fertility, vicinity to market, and situation in a polite and agreeable neighborhood, is well worthy the attention of any gentleman who may wish to remove from the lower country to a more healthy situation. For terms apply to Mr. Linzus Bolling, of the aforesaid county, who is fully authorised, by the subscriber, to treat with any person wishing to purchase. EUSANNA WILCOX. Chelton, November 3. wfw
N. B. The above Tract of Land will be sold either altogether or divided, as may best suit purchasers.
VIRGINIA —At a Superior Court of Chancery held at the Capitol in the City of Richmond, the first day of September 1809. John P. Smith, Pl. against Elisha Jenay, Jacob Jenay, Philip Care, Bernard House, Jr. Philip Saughter and Fleming Baies, Defs. The defendant Elisha Jenay not having entered his appearance and given security according to the act of assembly, and the rules of this court, and it appearing to the satisfaction of the court, that he is not an inhabitant of this country, on motion of the plaintiff by counsel, It is ordered, That the said defendant 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 at the front door of the Capitol in the said city. A Copy. Teste, PETER TINSLEY, c. c. November 17. wfw
EDWARD HALLAM, HAS just received, from New-York, and for sale at the store lately occupied by Daniel Triplett, a supply of Fresh GROCERIES, viz: Gun-Powder in cases of 3 lbs. each, 1/2, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 398, 399, 400, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 498, 499, 500, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 585, 586, 587, 588, 589, 590, 591, 592, 593, 594, 595, 596, 597, 598, 599, 600, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671, 672, 673, 674, 675, 676, 677, 678, 679, 680, 681, 682, 683, 684, 685, 686, 687, 688, 689, 690, 691, 692, 693, 694, 695, 696, 697, 698, 699, 700, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 734, 735, 736, 737, 738, 739, 740, 741, 742, 743, 744, 745, 746, 747, 748, 749, 750, 751, 752, 753, 754, 755, 756, 757, 758, 759, 760, 761, 762, 763, 764, 765, 766, 767, 768, 769, 770, 771, 772,