The enquirer (Richmond, Va.), 1808-01-05 00:00:00

The Enquirer.
VOL. 4.]
RICHMOND, TUESDAY, JANUARY 5, 1808.
[No. 72.]
PUBLISHED BY THOMAS RITCHIE, OPPPOSITE THE POST-OFFICE, AT FIVE DOLLARS PER ANNUM, PAYABLE IN ADVANCE.
RICHMOND PRICES CURRENT.
   D. C.     TOBACCO, ..... 4 1/2 to 5 25   WHEAT, NEW, ..... 75 to 100   FLOUR—SUPERFINE, NEW, 5 1/2 to 6 00   FINE, ..... 5 00   CORN, PER BARREL, ..... 2 25   BACON, PER LB. .... 16   BAR IRON, PER TON, ..... 110 to 120   HEMP, PER TON, ..... 200 to 210   WHISKEY, PER GALLON, ..... 54  
TO PRINTERS—FOR SALE, on very reasonable terms: About 500 wt. of BURGEIS, and 300 of BREVIAR: The same Type on which the ENQUIRER was lately printed.
M R LE TELLIER, DENTIST —Is now practicing in the various branches of his profession, i. e. cleansing and restoring the Teeth to their natural elegance, setting artificial ones, so as to be useful as well as ornamental, plugging the decayed cavities of such as can be preserved, and extracting such as are irreparable to be saved, in which operation he makes use of Dr. Pratt's Extracting Instrument —which takes the teeth out without any possibility of fracturing the jaw or bruising the gum, and with much less pain than the instruments that are in general use.
He deems it unnecessary to say any thing concerning the advantages derived from the manner of his performance or his abilities, leaving it for his former operations to speak.
He has DENTIFRICE of a superior quality, void of corrosive substances, prepared by himself and for sale.
His dwelling is at the house next to E. Randolph's, near the Capitol.—A line or servant directed to the said place, will be attended to.
Dec. 15. [ep2w] Mr. Le Tellier informs those that are travelling to Norfolk, that his Brother is practicing Dentistry there, and his abilities are unexceptionable.
YOUNG NEGROES FOR SALE —Will be sold to the highest bidder, for cash, at Durrell's tavern, in Petersburg, on Wednesday the 13th January next, 25 young NEGROES. They are all young and likely, and consist of men, women and children. Should the above mentioned day be unlikely, or a sufficient number of purchasers from any cause not attend on that day, the sale will be continued from day to day till the whole are disposed of. JAMES DABNEY. Gloucester C. H. Dec. 24. (tds.)
FOR SALE —The subscriber is desirous of selling his PROPERTY in this City. The purchaser will be accommodated with time if required, on giving satisfactory security. SAML. GREENHOW. October 7. [f]
FEMALE EDUCATION will be continued at Mount-siry, the ensuing year, under the direction of Miss Terrell; who will teach Reading, Writing, Arithmetic, English Grammar and Geography. The school will be opened on Monday the 18th January.
Terms—For Board and Tuition, each finding her own bedding, $100 per annum, paid quarterly in advance; and as provisions will be made in due time for the reception of boarders, no deduction can be made for entering a boarder after a part of the first quarter has elapsed nor for the necessary vacations. HUMPHREY HILL. Caroline, Dec. 17. [94]
MORE CHEAP GOODS —JOHN KING, again respectfully informs his customers & the public, that he has just received, by the late arrivals from Philadelphia and New-York, a general assortment of Fashionable and Seasonable GOODS, which are now opening at his Store, the second door below the Eagle-Tavern; where they may be had upon as good terms, for cash, as at any other place in the City. November 6. [eptf]
FOR SALE , 121,000 acres of LAND in Kenawha county, in the forks of Great Sandy River: 24,000 do. in Tazewell county, on the waters of Clinch river: 20,000 do. in the county of Wythe, on Reed and Peak creeks: 1,000 do. in Randolph county, on the waters of Cheat river: Also, 30,000 acres of Virginia Land Warrants. The above will be sold very low, and great accommodation given in the payments. To RENT, a Brick House, on Shoeloe-Hill, in a good neighborhood, and possessing every accommodation for a family. THOS: NORVELL. Dec. 12. [f]
KIRBY, DRAKE & TAYLOR —Have just received by the late arrivals from London & Liverpool, in addition to their Fall Assortment, 1 bale London superfine Cloths and Cassimeres, 20 do. Kendal Cottons, 2 do. Carpets and Carpeting, 4 boxes 4-4 Irish Linen, 1 do. Diapers, Lawns and Sheetings. All of which will be sold low for cash or on a short credit. Dec. 15. [eptf]
ABSCONDED from the subscriber on the night of the 16th current, a Negro MAN named Archie, about 25 years of age: he has been branded on both cheeks some years ago by his former master, which makes them blacker than the rest of his skin, and perhaps may have the mark of the whip on his back; he is about 5 feet 8 or 9 inches high, somewhat bow legged and stoops a little as he walks; he has a variety of cloths amongst which are a long black coat, a sailor dress of dark blue cloth and an old drab short jacket; he generally has his hair plaited in various parts of his head; he is well known about Rocketts, having sailed from thence several years in the sloop Planter, belonging to me. I will give ten dollars reward to any person apprehending and lodging him in jail so that I get him again, and all masters of vessels and others are forewarned carrying him out of the country or employing him, for if they do the law will be enforced against them. DAVID ANDERSON. Petersburg, Dec. 29. [f]
EDUCATION —A French gentleman, well known in this place, intends devoting his time to the TUTION of the FRENCH LANGUAGE. The most strictest credit will be paid to those who may become his pupils. A line addressed to A. B. and left at the office of the Enquirer, will be attended to. Dec. 31. [f]
COLUMBIAN MILLS & COAL LANDS FOR SALE —By virtue of a Deed of Trust, bearing date the first day of October, 1801, executed by David Ross to the subscribers, and for the purpose of completing the objects of the said trust, in conformity to certain covenants therein contained—the following property will be offered for sale on the first Wednesday in January next, at the front door of the Eagle Tavern in the city of Richmond, to the highest bidder, for ready money, between the hours of twelve and four o'clock, to wit:—All that piece or parcel of Land, adjoining the city of Richmond, commonly called the Columbian Mills, with the Mills, Houses, Canals, Improvements, Appendages and Privileges thereunto belonging—Also, an undivided two thirds of a tract of Land in Henrico county, containing seventeen hundred acres, called the Deep-Run Coal Pits, and an undivided two thirds of a tract of Land in Chesterfield, containing one hundred acres, called the Falling Creek Coal Pits, of which said Coal Lands, the late James Currie was part owner. GEO. HAY, ROBERT POLLARD, FRANCIS ANDERSON, } Trustees. Nov. 27, 1807.
If the aforementioned property should prove insufficient to satisfy the debt thereupon charged, the subscribers will offer for sale at the same time and place, a tract of Land in Henrico, called the Seven Pines, containing by estimation, one thousand acres; also, a Tract of Land in the same county on Four Mile Creek, being the same whereon the late Col. John Pleasants formed a residence, containing by estimation four hundred and sixty acres, and forty acres adjoining thereto, binding on Bayley's creek and said Four Mile creek, on which stands the Norwich Mills. All of which property was conveyed in Trust, by David Ross to the subscribers, by Deed bearing date the nineteenth day of December, 1805, as an additional security for a debt due to Wm. B. Giles by the said Ross and charged on the Columbian Mills and Coal Lands first mentioned. GEO. HAY, BENJ. HATCHER, } Trustees.
NOTICE —All persons indebted to the late Alexander Banks, dec'd. of Manchester, are hereby requested to come forward and discharge their accounts as speedily as possible: and those persons having claims against the estate will bring in their claims properly authenticated, when provision will be made for their discharge, by ROBERT GRAHAM, Adm'r. of the estate of Alex r . Banks, with the will annexed. Manchester, Dec. 31. (tds.)
PUBLIC SALE —On Saturday the 20th day of January ensuing, will be sold, at the plantation of the late Alexander Banks of Manchester, the entire stock of Cattle, Corn, Fodder, Hay, Plantation Utensils, &c. Terms of sale—Cash for all sums under 20 dollars, over twenty dollars, six months credit, the purchaser giving negotiable notes with approved endorser, payable at the Bank of Virginia. ROBERT GRAHAM, Adm'r. of the estate of Alex r . Banks, with the will annexed. Dec. 31. (tds.)
SALES of Valuable Property —On Monday the 15th day of February ensuing, will be exposed to public sale, at the late dwelling house of Alexander Banks, deceased, a variety of Household & Kitchen Furniture, three or four likely Negro Men, a few excellent mules, Cows, two Horses, a small Wagon and Gear, &c. &c. Terms of sale—Six months credit for all sums over fifty dollars, the purchasers giving negotiable notes with approved endorser, payable at the Bank of Virginia. R. GRAHAM, Adm'r. of the estate of Alex r . Banks, with the will annexed. Dec. 31. (tds.)
WINGFIELD GRAMMAR SCHOOL will be opened on the 10th of January, on the usual terms, where accommodation will be provided for 15 or 20 boarders. PETER NELSON. Dec. 31. (tds.)
NOTICE —On Monday the 11th inst. if fair, if not, the next fair day, at 3 o'clock P. M. will be sold at auction, without reserve, for ready money, for the benefit of a number of heirs, the late property of Wray Thomas, dec'd. lying in two Tenements on Shockoe Hill, one on the street leading west from the Capitol, now occupied by Mr. C. Blackgrove and adjoining the tenements now occupied by Mr. Orr & Paine, the other on the main street, now occupied by Mr. B. Chignear as a grocery store. BENJAMIN THOMAS. Jan. 2. (ep4w)
VIRGINIA to wit —At a Chancery District Court held in the city of Williamsburg, the 26th day of April, 1806. Benskin H. Hilliard, Plaintiff—Against Armistead Hilliard and Reuben Jones, Defendants. The defendant Armistead Hilliard not having entered his appearance and given security according to the acts 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 his 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 of the city of Richmond for two months successively, and posted at the front door of the former Capitol in this city. A Copy. ANTY. ROBINSON, c. c. Dec. 31. [law4w]
MA. JOHN HOPKINS, SIR.
PLEASE to take Notice, That I shall, on the 17th day of February next, between the hours of 8 in the morning and 5 in the evening, at the Rising-Sun Tavern, in the City of Richmond—and on the 10th of March at the Tavern at New-Kent Court-House, during the same hours, proceed to take the depositions of sundry persons, to be used as evidence in a suit now depending and undetermined, in the superior court of Chancery for the Richmond District, wherein myself and others are plaintiffs, and you are defendant. THOS. BURLING. Richmond, Jan. 2, 1808. (law4w)
EDUCATION —The subscriber offering his services thanks to those gentlemen who have manifested their confidence in him as a Teacher, proposes to continue his school at the same place the ensuing year. In this seminary which will be instructed in the Greek, Latin and English Languages, Geography and the use of the Globes, the Elements of Geometry, with practical Surveying; Also, the Elements of Natural Philosophy, Writing and Arithmetic, Vulgar, Decimal and Analytical. The price of board, tuition, washing, bedding and fuel, will be an hundred dollars for the term, paid quarterly in advance, to commence on the fifteenth of January and end about the tenth of December following. THOMAS NELSON. Humanity Hall, Forks of Hanover, Dec. 22. [law4w]
EUROPE.
FROM BELL'S LONDON WEEKLY MESSENGER.
The King's Proclamation —Since his majesty's proclamation for recalling British seamen in the service of foreign powers, the columns of our daily journals have been filled with discussions respecting the policy of the measure, and the controversy has been carried on with so much spirit and real talent, that it would seem as if such as are more immediately concerned in the popularity of this act had appeared to defend it, and that, under the disguise of newspaper discussion, the official language of both parties had been promulgated.
It is contended by some that the object of the King's proclamation is a direct disavowal of the right to take British seamen by violence from the ships of any neutral state; that it is an impolitic restriction of our right of search; a submission of our honor; a renunciation of the dominion of the seas.
Such as hold the contrary opinion justify the proclamation upon the grounds of natural justice, and the usage and equity of national law. It is here that their opponents turn upon them. They demand in a tone of triumph, what is national law? They deny either its existence or its obligations.
Being thus obstructed upon the threshold of the inquiry, it is incumbent upon us to meet this question in the teeth. What we mean by the law of nations? How can there be a law between independent states? What are their obligations? Where its sanctions? And where the penalties of its violation?
Undoubtedly we have not in Europe, as was formerly in Greece, a general Amphictyonic council, the arbiter of states, which is authorized to decide their mutual appeals and denounce the terrors of an universal confederacy upon such states as dare to disobey them. But the answer to this apparently formidable objection is found in the reflection, that the law of nations is originally no more than the law of nature applied to nations. It has then the sanction, the obligation, the immutability of the law of nature. It is a law with all its requisites, characteristics, and concomitants. Generally speaking, the duties of states and individuals are the same, notwithstanding the diversity which takes place in the application of the law of nature to states and individuals, has given rise to such different codes of duties and rights that the jurists have not thought proper to blend them in the same treatises, or to apply to them similar maxims.
That these rights and duties are occasionally violated by the hand of power, is no argument against their existence or obligation. Let the objector recollect, that he makes practice the criterion of right, or denies its distinction from wrong. Is there then no difference between right or wrong, between truth and falsehood, justice and iniquity? Such questions can never be seriously agitated. On the foundations of the obligation we may differ; on its existence every heart will unite.
In the last century, the disputes about mare clausum or liberum engrossed the attention of all Europe. They were occasioned by the claim of the English to the dominion of the neighboring seas, even as far as the opposite coasts; a claim which could have been founded only in treaty, and if it rested merely on use, was supported solely by power. The license of Q. B. it was pretended, was the sole claim to the navigation of those seas. The claim was as extravagant as it was haughty. The sea, at least out of cannon shot, was common to all—yet a claim so preposterous was supported by Selden, and it required, at that time, confutation from the pens of Grotius and Bynkershoek.
It should seem as if we were now agitating the same claim, and having increased our arrogance with our power, are resolved to decide according to the maxim of the latter. Let us ask then, what is meant by the dominion of the seas? If it be meant that a particular respect to the British flag, a respect which the particular treaties concede, or which the consent of Europe grants to our undisputed superiority in the four seas, this is a species of dominion which we do not mean to impeach. A sovereignty of this sort long may we preserve. But if it be meant that we should appropriate to ourselves, one of the elements of our common nature; that we should turn into a particular possession what was given for a common use, if it be meant that seas were poured forth, and oceans rolled for the advantage and sole benefit of a small island in the Atlantic which fills so inconsiderable a space in this map of the world—if the bounty of providence, in bestowing this second element of his creation, be construed as intended solely for the limited enjoyment of G. B. to the exclusion of the rest of his creatures—if this, we say, be meant by our dominion of the seas, it is a species of arrogance, to which the pride of Spain was a stranger.
In the name of Heaven, are we fallen so far back into the days of ignorance and bigotry, as to found our notions of property, upon claims such as these?—The sea is meant as the high road for the intercourse of nations, as one of the elements of our common nature, which one has as good a right to enjoy as another; meant for all, and contributing to the perfection and growth of all; inexhaustible, and large enough for all, and therefore to be possessed by all; in a word, we enjoy it by a title of a graver kind from the immediate will of the creator himself, in which each, as tenant in common, has at once his property in part, and his right in an unseverable whole.
Nothing by the laws of nature can become property which is not capable of occupancy or possession, or of which the enjoyment, by the admission of a common right, would be utterly precluded or destroyed. A right of fishery is allowed in particular seas to particular people. Such is the Newfoundland fishery; because property being intended to preserve things and the benefit being limited and exhaustible, the admission of the claims of every nation and individual would have a tendency to waste and destroy without satisfying any.—By giving a common right, it would produce an immediate destruction of the thing sought after; it would break up the sources of future productiveness, and, in the right of a general scramble, the object would be destroyed by the very means made use of to reduce it into possession.
DOMESTIC.
EXTRACTS TO THE EDITOR OF THE AURORA.
Washington, Wednesday, Dec. 23, 1807.
On Friday the 18th inst. the president communicated a confidential message to congress, recommending the embargo. The subject was immediately taken into consideration with closed doors, when Mr. Randolph of Virginia, moved that an embargo be laid on all shipping, the property of citizens of the United States, now in port, or which shall hereafter arrive, and other motions were made by different gentlemen, and little or no opposition was made to an embargo on that day, from any quarter; but the house was engaged some time in discussing whether the embargo should be laid by resolution or bill. It was stated by Mr. Crowninshield of Massachusetts, that he was prepared with a resolution for laying an embargo upon all vessels in the U. States; and going into all the details, with a proviso that nothing in the resolution should be construed to prevent the departure of any foreign ship or vessel, either in ballast, or with the goods, wares and merchandise, on board of such foreign ship or vessel, after being notified of the resolution; meaning to allow such vessels to go away when they pleased, but interdicting them from taking on board any new goods. This resolution, I find, was similar in substance to a bill then under discussion in the senate, and it appears to be similar also to that passed in 1794, except the proviso, which was not contained in the resolution of '94.
Every member seemed impressed with the necessity of laying an embargo, and I do not recollect any gentleman speaking against it; they differed only as to the form of getting at the object; the house was relieved from this dilemma about 3 o'clock, by receiving a bill from the senate exactly in the form of the resolution offered by Mr. Crowninshield.
Mr. Randolph offered a new section to the bill, obliging registered vessels, to give bond when going from one port to another in the United States, to re-land their cargoes in this country. The house adjourned at a later hour than usual, without coming to any decision.
On Friday the subject took an entire new direction. It was then discovered that the embargo would operate more severely on G. Britain, and less injuriously on France, and the different nations connected with her. Having made this notable discovery (which by the bye, had no real existence,) the embargo was opposed by some of its former advocates; who now said it was dictated by Napoleon the great—that it would ruin us—that it would strike a vital blow at Great-Britain—that it was a war measure—that it was indeed an engine of destruction to ourselves, and marvellous to relate, that it was calculated to throw the nation into the scale of France, in opposition to a power whose navy alone prevented our being swallowed up! A navy which stood as the only barrier between us and universal dominion, aimed at us by the emperor of France!
These arguments were rebutted, and their fallacy exposed by many members. The contradictory conduct of the minority, too, was considered as most extraordinary, it was observed, that gentlemen who were warm in favor of the measure on Friday, became on Saturday, as ardent against it. It was proved that it was a measure of defence, and of the first law of nature, that of self-preservation—that it was not dictated by France; that though injurious to us in a commercial view, it would be more injurious not to accomplish it—that it was worse to all the belligerent nations; that it must be considered as a precautionary step to save our seamen, ships & property, from the fangs of foreign cruisers. It will be unnecessary to go into further particulars, as it is expected the subject, in some form or other, will be noticed in the house, when the members will explain the ground of their votes publicly. Mr. Blackledge from North-Carolina, offered an amendment on Saturday, which, if it had been agreed to, would have given our whole trade to the British shipping, a measure more grating to our feelings, or more ruinous to our legitimate trade, could never be proposed. We adjourned at a later hour that evening, without coming to a final decision on the question.
On Monday the opposition went over the same field of argument—the federal members were vociferous, called for more papers and accused the majority of bending the proud neck of the nation, to the imperious mandates of Bonaparte.
Mr. Blackledge's motion, varied in form, but not in substance, was disagreed to by a large vote. The floor was occupied nearly 12 hours; for it was deemed to be of great consequence to take the question on that evening; as it was understood in congress, that the British minister had said, that he knew we were discussing the expediency of an embargo, that he had known it several days, and had sent off his dispatches giving notice of it (no doubt to the British consuls in the seaports.)
The question was taken on the bill at 11 o'clock at night, and carried, 82 to 44, and adjourned immediately, after a most fatiguing sitting of 12 hours. The majority lost 4 votes of gentlemen favorable to the measure, by fatigue and sickness, among them was Mr. Macon the former speaker, who was decidedly in favour of the embargo, and supported it by an able speech; he was too much inclined to stay out at so late an hour.
The bill, as amended, went to the senate on Tuesday morning, and was returned in about an hour, that body having agreed to all the amendments of the other house, and it received the signature of the President about noon, and the house immediately after took off the injunction of secrecy on all the proceedings relating to it.
This embargo is a non-exportation law. We say we have been ill treated by a neighbor, we will not go to his house; he has had the run of our shop but set no value upon it; and we say we will not sell our produce to foreign nations, we will not quarrel with them if they choose; we merely keep our own—There nations may still send us goods except those touched by the non-importation act—nothing is to prevent their ships or our

own from discharging their cargoes in the U. States. As to foreign vessels hereafter, they may go away with their original cargoes, or may discharge them and go away in ballast.
"Congress did not wish to give any pretext however slight, to any nation in Europe to stop our shipping in their ports; if we had detained their vessels it is probable they would have stopped ours. We have not, probably, twenty British ships in our ports at this time, when from the best information we can get at, it is supposed that our ships are numerous in England, and her colonies—We have few other foreign ships in the ports of the United States—there are no private French ships—there may be some vessels belonging to Denmark, Sweden and Hamburg; at present America enjoys the whole or greater part of her own commerce in her own bottoms. Had the proposition of Mr. Blackwell succeeded, England could have been supplied with pitch, tar, and indeed with all naval and military stores for her fleets, and supplies for her West-India islands in her own bottoms, while ours must have rotted at the wharfs. If we had agreed to such a measure, England would wish us to continue the embargo for ever—it would have been just such an interdiction to our commerce as she would prefer."
"Since the embargo act has passed, Mr. Erskine, whether playing off diplomatic tricks or not, time will show, says there will be no war between the two nations. The British fleet have departed from our waters within these few days; they were advised to this step by this minister, not without some broad hints from the proper quarter, that their stay here was considered an obstacle in the way of the negotiations of Mr. Rose, and had they remained, there could be no doubt it would have been an insurmountable obstacle to his reception. I think the senate bill authorising the president to use force to expel them had the effect of accelerating their departure; but because the fleet are gone, it is no reason that the bill should not be passed; and it is very certain that insolently as they came into our waters in contempt of our laws, and pitiful as they have skulked off, John Bull's bull dogs appear as abject in their departure, as they were injudicious in their coming and their stay."
"Mr. Munroe arrived in this city last evening, and was in the house of representatives to day. He thinks the mission of Mr. Rose ought not to be relied on as calculated to produce peace. [Some here consider it as a decisive evidence of hostility.] Measures of defence will not be relaxed in the least, and no branch of our government wants war, if it can be avoided with all nations if possible; but the American nation, curtailed of its rights as an independent people, it must not be dishonored, and reparation must be obtained for the Chesapeake outrage. The idea thrown out in the English prints that Mr. Rose means to offer certain privileges to the U. States in the W. Indies, I know not how to believe. It is contrary to all the British doctrines at all times; it is in the teeth of her principles that relate to her colonial trade, and its tendency would be to lead us into war with other nations, since she has repeatedly declared that any advantages granted to neutral power by a belligerent, altering the dispositions in time of peace, is cause of war, to the other belligerent."
"An embargo has many inconveniences, it will unquestionably injure us considerably, but it is calculated to save our ships and above all, our seamen, from British capture and impressment, and as it will show, at once the fallacy of those political dogmatists who have preached that the West-Indies can do without the U. S. we expect it will touch England on one of her most sensible points, and by denying to the manufacturers of G. B. the raw materials of this country, they also will perceive the blind policy of their government towards the U. S."
"We expect England will pass new retaliating decrees against neutral trade, in consequence of France being about to enforce her own; if she does (and she threatened it to us in December of last year,) our commerce will suffer, and our ship owners had best look to it in due time."
"The fishing vessels of the U. States will be allowed to carry on their business as heretofore. They are not meant to be included in the embargo, as they do not go upon foreign voyages."
"It is supposed that the question of who shall be president and vice president of the United States, will not produce any division among the democratic party in the U. S. This will be fortunate for the country, at this moment; the same unanimity is probable in Pennsylvania for the governmental chair; unless fools or knaves, again stir up discord. (Aurora.)"
A COMMENTARY ON THE LATE PROCLAMATION OF THE KING OF GREAT BRITAIN.
BY PHINEAS BOND.
On the extraordinary and unprecedented proclamation of the British King, we have published several columns of remarks—upon the extent of its application—its violation of the acknowledged law of nations—and its direct hostility to the laws of England, as laid down by the highest authorities. We regret to find, but it is our duty to proclaim, that all we have conjectured as to the extent of its application, falls infinitely short of the construction which is put upon it by the authorized agents of the government of England.
We presume that these agents are justified in their construction, by the private instructions of their government: be that as it may, their declarations are our best guides, as to the views and wishes of those they represent. The facts in our possession, justify us in the assertion, that the agents of England, in this country, do upon the late proclamation undertake to pardon deserters—to give them money, and to send them home free of expense!
In the place of conjecture we submit facts, and instead of argument we offer the language of the British consul residing in Philadelphia. Our readers will draw their own conclusions.
On Saturday morning the 10th instant, some citizens of the United States having conversed on the subject of the British proclamation, three of them agreed to go to the house of the British consul, and endeavor to learn from him the intentions of his government. About 11 o'clock they went to the house of Mr. Bond, who came down stairs in a loose morning gown, when the following conversation took place.
Citizen. Sir, I have seen his majesty's proclamation, and I have called to say that I am a deserter from one of his majesty's regiments, and I wish to know whether I can take advantage of the proclamation.
British Consul. Certainly you can.
Citizen. But if I do surrender, am I to be pardoned?
British Consul. Undoubtedly!
Citizen. To whom can I surrender myself?
British Consul. You may surrender yourself to me.
Citizen. How shall I be certain that I shall be pardoned?
British Consul. I will give you my assurance and my bond for your pardon and protection.
Citizen. If I have no money to take me and my family to England, what shall I do?
British Consul. I will give you money to take you and your family to New-York, and an order to have you taken home in the British Packet, & you shall be taken home gratis.
The citizens having obtained what information they required, wished to depart; Mr. Bond was anxious to have the citizen who had been interrogating him, to go up stairs; this however, was declined and after giving in the fictitious name of Donald Frazier, they left the house of the British agent.
In stating this transaction we have detailed the day, the hour, and the place. With respect to the conversation, we have but one observation to make—we took it down from the lips of the very citizen who held it with Mr. Bond.
Democratic Press.
A letter from a Senator of the United States, of which we have had the perusal, says that the letters of Champagne & Mr. Armstrong, alluded to in the President's message, as confidential, relate solely to explanations on Bonaparte's blockading decree. Phil. (Fed.) pap.
It is supposed Mr. Bowdoin is not coming immediately home, but intends to pass a few months in England. It is uncertain whether he has been successful in his mission; but a Spanish commission, we believe, met him at Paris.
We understand that an English sloop of war, of 20 guns, was cast away on Wednesday evening last, on the back of Long-Island—the captain and two officers drowned. (Warren, R. I. pap.)
CONGRESS.
HOUSE OF REPRESENTATIVES, MONDAY, Dec. 28.
Mr. Randolph said he perceived that the supplemental (secret) journal laid upon their table this morning, was in one, particular, incorrect, and for aught he knew, might be so in others. The journal stated the resolution moved by Mr. R. respecting an embargo as having been postponed previous to the receipt of a message from the Senate, accompanying the law passed by that body on this subject. Now it must be recollected by every member of the House, and particularly by his worthy friend from N. C. who made the motion for its postponement, that while the resolution offered by him (Mr. R.) was under discussion, a message was received from the Senate, informing the House that they had passed a bill to a certain effect; and upon taking up the message, his friend from N. C. made a motion for postponement of the resolution under consideration; to which motion there was no opposition. From the journal it would appear that the message from the Senate was not received till after the postponement of the resolution. Mr. R. now moved such an amendment as the case required, and which would make the journal in this case what it ought always to be, a correct transcript of proceedings as they actually happened; for he had observed that the proceedings of the House were often forced from their natural course, the Clerks supposing themselves required to pursue a certain established form, rather than a detail of facts as they actually occurred. Motion agreed to.
Mr. Gardenier said it would be recollected, that while in secret session he had moved a resolution calling upon the President or the U. S. for certain papers, which he perceived was not entered on the journals; he therefore moved the following resolution, which was adopted:
"Resolved, That the supplemental journals of the proceedings of this House be amended by inserting, in the fourth page the following, after Monday, Dec. 21, 1807:
"A motion was made by Mr. Gardenier, and seconded, that the House do come to the following resolution:
"Resolved, That the President of the U. S. be requested to lay before this House copies of all such communications, letters and papers, as may have been received from the American minister at Paris, in relation to the imperial decree of the 21st Nov. 1806, and particularly such communications or letters as may have been received from our said minister at the time of receiving the papers which were laid before this House on Friday last.
"And the Speaker having put the question, whether the House would now consider the said resolution, it was decided in the negative."
Mr. Clifton submitted the following resolution, which was agreed to:
"Resolved, That a committee be appointed to consider what provisions ought to be made by law for taking depositions in cases of contested elections of members of the House of Representatives of the U. S.; and that they have leave to report by bill or otherwise."
Mr. Crowninshield said he rose to offer two resolutions, which he considered of importance to be considered at this time:
"Resolved, That the committee of Commerce and Manufactures be instructed to enquire into the expediency of a drawing further time to obtain the benefit of drawback upon goods wares and merchandise exported to foreign countries than is at present allowed by law, with leave to report by bill or otherwise."
"Resolved, That the committee of Commerce and Manufactures be instructed to enquire into the expediency of amending the act laying an embargo on vessels in the ports of the U. S. so as to impose more effectual restraint on the departure of ships and vessels, and on the exportation of goods, wares and merchandise to any foreign port or place, with leave to report by bill or otherwise."
Mr. C. said the first resolution proposed an extension of the time now allowed for obtaining a drawback on goods, re-exported from the U. S. It would be recollected by the House that 12 months was the time now allowed; while the embargo continued, which locked up the exportation of all foreign goods, it would bear extremely hard upon merchants generally, if the time for obtaining drawback was not extended beyond twelve months. Such an extension would not take from the treasury a single dollar, while it would accommodate the mercantile interest. He would mention a case; suppose a merchant now had a large quantity of sugar, coffee, or pepper, which might have been in the U. S. 8 or 10 months; suppose the embargo should continue, as was possible, for six or even twelve months; the time limited for obtaining drawbacks would have elapsed before the termination of the embargo, and the owner of the sugar, coffee or pepper would have paid into the custom-house a large sum of money on their importation, and when he should be permitted by law to export these articles, he could not obtain a drawback. Mr. C. repeated, that this measure would afford a facility to merchants, at the same time that it would not affect the treasury.
By the law lately passed laying an embargo, he did not perceive that any penalty was
imposed on vessels other than registered or sea-letter vessels, clearing out for a port in the U. S. and not returning their cargo according to clearance. The second resolution went to authorize a committee to report a bill to impose a further restraint. As the law now stood, vessels other than registered or sea-letter vessels, might clear out to Boston or N. Orleans, and slip off to any port in Europe or elsewhere. He believed the penalty imposed in such case did not exceed $500, the forfeiture of which would prove a very ineffectual restraint. Mr. C. wished the embargo to be general in its operation, and not to affect one portion of the mercantile interest more than another.
Mr. Dana said, however gentlemen might differ in relation to the policy of imposing an embargo at this time, since the measure had been adopted, it would certainly be the wish of all that it might be attended with the best effects; and it would be well that it should not operate with too great a pressure on particular individuals.—It was very certain that an embargo could not be continued for a year, or even for six months, without materially injuring that class of merchants which had traded much without an extensive capital, and whose stock consisted in talents, enterprise and integrity. Of one hundred millions annually exported from this country, about sixty were of foreign, and forty of domestic growth, or manufacture. To obtain the benefit of drawback on importations, merchants must re-export within one year: if the embargo continued one year, it must leave on hand a great quantity of foreign goods which would not be wanted for our own consumption, and of course produce numerous bankruptcies. If Mr. D. understood the first resolution it went to provide for relief of persons holding these goods.
The second resolution appeared to have for its object the giving a complete and equal operation to the act, laying an embargo; Mr. D. therefore conceived it ought also to be adopted.
These resolutions were then agreed to without a division.
Mr. Van Rensselaer presented the petition of Andries Van Patten, of Sheneectady, praying payment of a claim against the U. S. Referred to the committee of claims.
The Speaker laid before the House a letter from B. Lafon, accompanying a large map of the territory of Orleans.
On motion of Mr. Sedman.
"Resolved, That the Librarian be directed to receive and take charge of the map of the territory of Orleans presented by Mr. Lafon, and that the Speaker acknowledge the acceptance of the same."
Mr. P. B. Key obtained leave of absence for ten days.
Mr. Newbold obtained leave of absence for one week.
Mr. Goodwyn obtained leave of absence for 15 days.
Mr. Milnor presented the petition of J. Cooper, junr. of Philadelphia, praying a remission of certain duties. Referred to the committee of Commerce and Manufactures.
Mr. Van Cortlandt presented the petition of Wm. Rice, a soldier of the revolutionary war. Referred to the committee of Claims.
The Speaker presented the petition of Ebenezer Brown, praying compensation for revolutionary services. Referred to the committee on Mr. Randall's first resolution.
The House resolved itself into a committee of the whole, Mr. Cuts in the chair, on the bill extending certain privileges to Anthony Boucher, which being gone through, the committee rose and reported the bill, which was ordered to a third reading.
The House then went into a committee of the whole, Mr. Piken in the chair, on the bill supplementary to an act entitled "An act regulating grants of land and providing for the disposal of lands south of Tennessee." This bill being gone through, the committee rose and reported the bill, which was ordered to a third reading to-morrow.
TUESDAY, Dec. 29.
Mr. W. Alston in the absence of the chairman, from the committee of Ways and Means, reported a bill for continuing the Mediterranean fund; which was twice read and referred to a committee of the whole.
Mr. New on from the committee of Commerce and Manufactures reported a bill supplementary to an act entitled "An act laying an embargo on all ships and vessels within the ports and harbors of the U. States," which was twice read and referred to a committee of the whole on this day.
[This bill generally embraces the objects proposed by Mr. Crowninshield's resolutions of yesterday.]
The house went into a committee of the whole on the above bill; and the 1st section (providing that no vessels licensed for coasting trade or fisheries having on board goods, wares or merchandise of foreign or domestic growth or manufacture, fishing vessels with salt &c excepted, shall depart, &c.) being under consideration, Mr. Quincy moved the following proviso.
And provided that nothing in this act to which this is a supplement shall be construed to prohibit the sailing of any ship or vessel duly registered, enrolled or licensed for carrying on the whale and other fisheries with the usual tackle, apparel, and supplies customary on a fishing voyage.
And provided also that no bond with sufficient security be previously given, that such ship or vessel shall not directly or indirectly carry on any commerce whatsoever, during the voyage, and shall return with her fishing fare to some port or place within the United States.
On which a debate of two hours ensued, when the committee rose at four o'clock without coming to a decision, and obtained leave to sit again.
(Detail of this day's proceedings in our next.)
BOARDING SCHOOL.—EDMUND LAWRENCE purposes to take the management of a school, in Hanover, 10 miles from Richmond and 2 from Macon's Mill. The situation is very healthy.
He will take 8 boarders only, from 6 to 13 Years of age, and a few pupils from the neighborhood. Board, tuition and washing will be 100 5/8 for the term, which will begin on the 15th instant and end on the 25th of December following; and 20 5/8 for tuition only. In both cases quarterly payments in advance will be required. Great pains will be taken to improve his pupils in learning and virtue. There will be two vacations of 15 days each, one in the Spring and the other in the Fall, for which no deduction will be made. Those who are not acquainted with him and may wish to place children under his care, are requested to apply to James Govan Esqr. of Hanover and David Bullock Esqr. of Richmond, for any information which they may desire.
Jan. 5. [lawdw.]
TO RENT.—Four Comfortable TENEMENTS, near the Artois.—For Hire, Two SAW MILLS. E. J. HARVIE. Jan. 2. [eptf.]
THE ENQUIRER.
RICHMOND, JANUARY 5, 1808.
TO PHOCION.
No. 1.
A friend to Mr. John Randolph, and to his political principles, deems it an act of justice both to him and to the public, to bestow some notice on a late most unprovoked attack upon the character and conduct of this gentleman, signed Phocion. But lest the writer of this libel should imagine that I mean to attach more importance to his calumnies than they appear to me to merit, I shall not leave him ignorant of the true motives which actuate me in thus addressing him. for they are very different from what he probably conceives.
There never was a time perhaps, since Mr. Randolph has been in public life, when it was more essential to the people that they should have a just and impartial view, both of his principles and motives—for he has ever been, and still is, at the present all important crisis, one of their most zealous and able defenders. Their good has always been the object of his undeviating exertions, and if he has upon any occasion mistaken the means of promoting it, that end has never ceased to be the one which he had solely in view. He never did and probably never will possess that faculty which some men enjoy and practice so much to their own advantage, of speaking with cool indifference on subjects of the most highly interesting nature. None can partake more of the character in the view of every patriotic man, than the general interests of the people—and hence are to be ascribed that ardor of debate—that acrimony of invective in which Mr. R. too frequently indulges, if his own popularity was, as Phocion would persuade us, his only object. This acrimony, however, I can venture with certainty to pronounce, is never excited but by the zeal or supposed infidelity of public functionaries. Thus far I trust it may be permitted to one to declare, who believes himself at least, as well acquainted as Phocion can be, both with the private and public character of Mr. R.—His friends have no apprehensions for his fame, but as one of them, I think it proper not to leave either Phocion or his abettors, a pretence for constraining the silence of those, who know this gentleman best, into an acquiescence in the truth of Phocion's accusations. His whole letter almost is founded upon a gross calumny, which altho' publicly disproved in the most positive and satisfactory manner two years ago by Mr. Christopher Clark (a gentleman whose integrity and veracity no man dare question) is, I perceive like every other party-lie of the sort, to be reiterated again and again with the most unblushing effrontery, as if offered to the public for the first time, spiced and span new from the inexhaustible laboratory of political falsehood. This master Phocion, is too stale a trick to pass in these days.
For what man is there so great a novice as to not know, that when Parasites and Court sycophants wish to run down a public character whose rigid honesty and stern independence is not only a constant satire on them, but opposed the strongest barrier against their designs—the invariable practice of those supple gentlemen, for whose accommodating talents no work is too dirty, has been to raise against him the cry of Office Hunter!—It is, to do it justice—a very concise way, and often the only one, of answering objections to the measures of the times, which if a refutation were attempted would only serve further to expose those measures to the displeasure of an indignant people.
What is there, sir, either in the temper—pecuniary circumstances—character or past conduct of Mr. R. that could induce you to believe for a moment, that the stale pretence of his being an Office Hunter, could ever be credited by any man on earth, who had the smallest knowledge of him? Has not his whole conduct been an eternal terror to those despicable men? And has he not marked many of them with indelible disgrace?—No, Sir, so far is this from having even the colour of truth, that no man who has known any thing of our public men and measures for the last six or seven years, can be ignorant that this gentleman might have had any office in the gift of the government at any time previous to the period, when the suggestion of certain public measures, to which it is unnecessary at present to advert, compelled him to show in a manner very strongly marked, that he neither could, nor would support that which both his conscience and judgement condemned. It was then, and not until then, that he was denounced and calumniated—denounced too, by many of those very men, who were partly indebted to him for that influence—now so gratefully used for their destruction. This was the true, the sole cause of his proscription—and not the pitiful falsehood of his being disappointed in an application for office made at his request, or with his knowledge by his friend Clark.
To say no worse, sir, of your attempt, you seem to have chosen at least for yourself, a most unlucky time to make it. For I suspect you will find it difficult to induce any man to believe, that you can be actuated by any other motive than private malice, in attacking as you have done, one of the agents of the people, at a crisis when all the talents and all the virtue of the nation ought to be embarked and exerted in a common cause. It is fortunate, however, for the nation, that the man whom you have calumniated, is not to be driven, or even turned for a moment from his constant purpose of promoting as far as he can, the safety, the interest and the honor of his Country—either by the efforts of private malice, or even the displeasure of a portion of the people, when he is conscious that it proceeds from his having been misrepresented to them.
In the commencement of your letter you ask a great many questions relative to the cause of that difference which you say exists between Mr. R.'s present and former situation. As the fabrication of these questions is all your own, one would imagine that whilst your hand was in, it would have been as well, and certainly as easy to have answered them yourself. Instead of supposing Mr. R. to reply in a way that I will venture to assert neither he, nor any other man in his senses would have ever dreamed of. You say "in vain, Sir, would you attempt to rest your consolation upon that ridiculous cant so familiar to the enemies of free governments; that the people are naturally fickle and that Republics are ungrateful. In vain that you would compare your fate to that of Aristides, and your exile from the Republican party to the Ostracism." When or where, sir, has Mr. Randolph accused the people of fickleness, and the Republic of ingratitude?
Mr. R. knows perfectly, and so do some others, that the people may be, and often are
deceived by those whose interests and business it is, to deceive them; but he has never called them either fickle or unjust, and certainly if he has, no man but yourself ever heard it. Beware, Sir, whilst you accuse others of maltreating the people, that you yourself are not guilty—for the day of detection and retribution may come—and the people on such occasions will often do something more than justice. Neither has Mr. R. compared himself to Aristides; nor has he ever I believe considered himself as exiled from the Republican party—if by that term you mean the old Republican party. But if you mean either the federal—the quid-pro-quo, or the still more numerous anti-christian republican party—you must first prove that Mr. R. ever belonged to either of these sects, before the term exiled can be applied to him either with propriety or meaning. If Mr. R. ever held any interest in either of those political companies, I think I can venture to say for him, that he will most cheerfully transfer all such interest to you Sir, as one infinitely better qualified both by principles and talents to promote the views of those meritorious gentlemen, and particularly those of the latter class.
After placing Mr. R. in a state of proscription to suit your own fancy and representing his actions in a way which I should hope, for the honor of my country is peculiar to yourself—I mean without regard to facts or consistency—you gravely ask why is all this? Wherefore has Mr. R. acted thus? You might as well ask why blind men have no perceptions of colour? Why Tortoises are not rope-dancers?—or why Asses are not subtle Politicians? But your quere, Sir, or at least the reason of your making it, is of easy solution. The fact is that the God of nature seems to have bestowed on you, no faculty which will enable you either to see or comprehend the motives which influence the mind & direct the conduct of Mr. R. Would you understand them you must first learn to be generous, disinterested—patriotic. You must learn to believe, it is possible for a man to despise both Office and Office-hunters—to value public men, not for the dignity of their titles, or the plenitude of their power—but for the magnitude of their wisdom, and the activity of their virtue—You must learn to think a man capable of pursuing the public good with the most inflexible perseverance, in defiance of the grossest abuse, and the vilest calumny.—But above all you must endeavour to believe that a man may dare to risk the displeasure—nay the odium of men in power for the sake of benefiting the people. When you have learned all this Sir, you may possibly be able to discern the principles upon which Mr. R. has never ceased to act. But a preliminary step of indispensable necessity will be, to feel the disposition to be convinced of the false and injurious opinions which you entertain in regard to this gentleman.
Amongst other charges which you have brought against Mr. R. You accuse him of being "the unblushing apologist of G. Brittain, and as one, who has abandoned our unfortunate seamen to their chains." As yet offer nothing like evidence to support this charge, it will be thought a sufficient answer by all reasonable men to say—that it is without foundation. Exhibit your arguments and pledge myself to refute them. In the mean time I trust the public will think a simple denial is all the notice which a bare assertion unsupported by any thing like testimony, and destitute even of the slightest colouring of probability, is entitled to receive. In your catalogue of crimes against Mr. R. none of which however you have condescended to attempt to substantiate; You say he has "reviled and opposed the very best administration which this or any other country enjoyed." Admitting the fact of opposition to be true, as you have neglected to show in what respect this opposition was wrong, it seems perfectly fair to infer that it is an article in your faith, to which you expect every body's assent—to think all difference of opinion from the administration for the time being, upon whatever ground and for whatever cause, ipso facto unjust, may seem criminal. For notwithstanding you seem to admit (rather as a matter of conjecture than firm belief) the probability of the people's having generosity enough to admit a man "although he should no exactly follow in the wake of the Executive vessel" yet as you are entirely silent in regard to your own disposition to indulge forgiveness towards a man in that unfortunate situation and have moreover positively alleged it against Mr. R. as a sin little short of that against the Holy Ghost—I think the inference as to your own political creed irresistible.
How far the people, who I am persuaded, have very different opinions of executive infallibility, will permit a man of your faith, to decide for them, on the character and conduct of one of their most faithful agents, I shall not pretend to say. Time must determine. But give me leave, Sir, to tell you, that Mr. R. and those who think like him, have no idea of that system of political faith which rests itself securely upon political oracles—nor have they ever been of opinion that the standard of rectitude in politics changes with all the various oscillations of party. Neither have they ever been in the habit of thinking one could be guilty of any great offence either against God or man for pronouncing a thing black to-day, which appeared to him self had pronounced white yesterday—or, for exercising his various faculties upon their appropriate objects precisely on the same principles at one time that he would do at another.
But to illustrate my meaning still further, for I wish to be distinctly understood on this subject, if there were any public measures in former times, which appeared particularly marked by what were then called federal principles, and which then met with the decided reprobation of the party at that time called republican—if these very measures, or similar ones should happen to be proposed in the present day, Mr. R. and his friends cannot be persuaded to think that the same republican party could act consistently, unless they again reprobate them.—This dreadful heresy, as you and many others seem to think it, is the mighty crime for which Mr. R. has been denounced—persecuted and proscribed.—But the people, Sir, and not you, are to pronounce how far it is punishable.—What makes the matter worse is, that they—thanks to their unvariable republican principles, have already pronounced, and their sentence has been—that he shall serve them again.
After labouring all in your power to induce the people to believe that Mr. R. is influenced in his public conduct by the most detestable motives—you say "I have no disposition to set myself up as the public inquisitor of the motives of men."—What figure of speech you may call this, I am at a loss to conjecture, unless you design it as a specimen of a new sort of Pseudologia. In plain English, I think it would be called a palpable and bare faced contradiction.—But cer-

after all which precedes this declaration you could not seriously expect it to be so. It gives me great pleasure, after so much cause for censure in your case, to meet with one sentiment at least, which I cannot do otherwise than highly applaud—"You declare that you have no disposition to 'dive into the secrets of the Channel House.' It will be well, Sir, I suspect, both for you and your abettors that you should continue in this opinion. For if you were to dive into those secrets, you might per chance find many things as little adapted to your laudable purpose of degrading Mr. R. as to your still more praiseworthy design of exalting other persons whose names I shall leave it to you to supply. Towards the conclusion of your letter, you tell Mr. R. that 'the integrity of his private character you feel no other sentiment than respect.' I am much inclined to suspect that Mr. R. owes you no thanks for this declaration.
You seem to me, Sir, to be making a virtue of necessity by affecting respect for that, which you must be conscious you are utterly incapable of injuring. The truth is, this gentleman's private character is as invulnerable to your attacks, as I believe it above your imitation. Before I conclude, I cannot forbear to notice the strange fatality with which you have selected your signature—Could not a living character furnish sufficient food for your malignity? What injury can the dead Phocion have done you, that you should usurp his name for such base and unworthy purposes? Phocion was wise—he was just—he was in every sense a patriot and a philosopher—in what history then of that truly great, and justly admired man have you learned that he ever debased himself so far as to act the part of an anonymous calumniator? In justice then, Sir, to the dead, I will not injure your character so far as to suspect you capable of it towards the living, let me entreat you to adopt in future, if you again trespass on the public, some signature more expressive both of your true character and object—such, for example as 'A personal or political enemy of Mr. R.' Neither and probably both, would be completely appropriate—and then the public would be better enabled to appreciate all which you might think proper to say.
A few more remarks, and I have done—If any should think that in my attempt to expose the injustice and calumnies of this Pseudo-Phocion, I have touched upon certain political discussions which should either be forgotten, or kept out of view at the present crisis;—or that I have hinted at the possibility of defects in certain political characters who should be considered infallible—they must recollect that they are to thank Phocion for it. He it is who is entitled to all the merit of this renewed warfare. He it is who after a long interval, has first endeavoured once more to resuscitate the latent if not almost expiring flame of political animosity, and I cannot presume that he either expects and wishes disappointment. The friends of Mr. R. believe his character and views of too much importance to their country, particularly at the present time, silently to suffer them any longer to be so grossly—so unjustly misrepresented and abused. Let those therefore whom it may concern, distinctly understand, that if a war of political extermination is to be waged, and Mr. R. with his friends forced into it—they will not decline the contest, although contempt for his enemies may keep him silent. The real friends however of our republican institutions (and to such only I address myself) may rest assured that the principles upon which those institutions depend, shall never be violated in any remarks which Phocion, or any one like him who may compel me to offer—To Phocion I have nothing more to say than that the forbearance, which Mr. R.'s friends have hitherto exercised towards the many nameless enemies who have assailed him in so many various ways—is at an end. Phocion has made it necessary that the principles upon which Mr. R. and his friends have acted should once more become a topic of public discussion, and he may dive now as deep as he pleases into the "secrets of the Channel House." He may rest assured, if it will give him any satisfaction, that he shall be pursued—answered and I am trust, exposed to that public censure which he seems to me so justly to merit.
ANTI-PHOCION.
Mr. Rose had not landed, when the last stage left Norfolk. We understand that on the 27th Dec. the British Consul addressed a letter to R. E. Lee, Esq. Mayor of Norfolk, informing him that Mr. Rose had arrived in Hampton Roads; enquiring whether his majesty's ship the Statira was to be received there on the same footing as the national ships of any other country in amity with the U. S. and expressing his confidence that she would be so received.
We understand Mr. Lee to have replied, that this was a subject in which in his official capacity he had no cognizance, and that he could only refer him to the Collector of the Port, as the authority which appeared to him the most proper to apply to. What was the particular reply made by the Deputy-Collector, we have not understood; he observed perhaps, in general terms, that there was nothing in the President's Proclamation, which forbade Mr. Rose's landing.
The Point of Etiquette seems to be this. Before the proclamation, the B. national ships could enter our ports, without reporting themselves to the Custom House or receiving supplies through that channel. The proclamation, tho' it makes a specific exception in favor of B. armed vessels, charged with dispatches, still requires that they should report themselves to the Collector of the District, and conforming themselves to the regulations in that case prescribed under the authority of the laws, it allows them 'the benefit of such regulations respecting repairs, supplies, &c. as shall be permitted under the same authority.' If this statement be true, it would seem that Mr. Rose requires as pre-paratory to his reception, that we add to the terms with the conditions of the President's Proclamation.
We also understand, that the Triumph, capt. Hardy was stationed in our jurisdiction between Lynnhaven Bay and Willoughby Point. Reports says there are more British armed vessels; but we deem this improbable, on the faith of the following extract from a Halifax paper:
Dec. 16.—The Triumph, 74, capt. Hardy, is ordered to be read for to-morrow, for the Chesapeake. The captain carries his new married lady with him—so that it does not appear, he expects to have much fighting to do.
A minor Terkely sails for Bermuda next week, in the Leopard, capt. Humphreys.
Extract of a letter from a member of Congress to a member of the Virginia Legislature, dated Washington, December 20, 1797. "I have observed that a res...
ing the constitution so as to make the judges of the United States removable from office by a vote of the two Houses of Congress, was introduced into your house some time ago and discussed. I think the resolution proposed that two thirds should be required to constitute such a vote—I have for a considerable time believed that an amendment to that effect was important, and even necessary to a rightful administration of justice, to a prevention of the judiciary from usurping an almost entire supremacy over the other branches of the government, and an absolute independence of the people. Their tenure of office under the constitution, as it now is, certainly is a wide departure from the great characteristic principle of our Republican institutions. Irresponsible as they now are, they will ever escape the strictest investigation through impeachment, if they observe but a moderate share of caution in their judicial proceedings, however destitute of the true ends of justice those proceedings may be, or however violative of a fundamental principle of our jurisprudence. If, for instance, the trial by jury, which we and our fathers before us have ever considered as the great palladium of our rights, both as to person and as to property, should be prostrated, they may easily shelter themselves under their own interpretation of technical forms; or by an artful misapplication of testimony they may pervert the trial; or suppress the trial by assuming the right to decide ad libitum as to the applicability of testimony. From the undefined limits of their power and duties, in all such cases, they may easily secure to themselves exemption from the effects of prosecution by impeachment if they have only prudence enough to conduct themselves dispassionately on the bench; and refrain from expressions, which might be construed into a wilful design to violate the rights of the jury. Not only may it be, that individuals may be thus oppressed in their persons or in their property; but culprits against the public may be screened from the punishment they deserve. The notion, which prevails, that conviction on impeachment must be grounded on the commission of a "crime" as well as a "misdemeanor" in office, will always secure the judge, when he does not openly manifest by his conduct a wilful corrupt design to oppress, or to acquit, contrary to law. So conducting himself he will always escape under the imputation (to make the worst of it) of error or of judgment; though the oppression should be ever so great, or the acquittal should be ever so unjust.
The value of the following Extract requires no illustration:
Extract of a letter from a member of Congress to a gentleman in this city dated Washington, December 30.
"Our situation is every day more critical; you understand how we are situated with respect to France, and the probability of G. B. having declared the whole French Empire and its dependencies in a state of blockade in the note to Monroe & Pinckney, the British Commissioners said this would be done. The effect of these measures would be to destroy all our commerce. Before the determination of the Emperor to enforce his decree as to us, there was a strong disposition to lay an embargo; I believe this measure would have been resorted to, if France had not given us the additional motive arising out of that decree; it is a measure that would have been fully justified by the state of our affairs with G. Britain. After the information from France, there seems to have been no alternative. There can be no doubt but the embargo will bear hard upon us; but I believe most of the inconveniences would have been felt, in a great degree, if we had not imposed it. A war with G. B. would in a great measure destroy our trade. All the belligerent nations being placed in a state of blockade would have produced the same result; there is this difference in favour of the embargo. By it we preserve our seamen and property; and we vitally affect the nations who have injured us. Its operation is acknowledged by all, but it is objected, that it will injure G. Britain more than France. This is a doubtful thing. France by it will be cut off from the supplies of East and West India goods of every sort; she will be deprived of the only means that was left her of exporting any part of her produce; her dependencies Spain and Portugal will be deprived of bread so far as they depended upon importation, which they do to a considerable amount; her West India islands will be starved; Bavaria, the isles of France and Bourbon, will not only lose the means of exporting their rich products, but they will be deprived of articles of the first necessity that they can only obtain from this country during the present war. That G. B. will most sensibly feel the embargo is a fact not only admitted, but counted upon by me, and to such a degree that she will find it her interest to do us justice, and grant our demands, in preference to bearing the evils that this measure will bring upon her. I have no doubt that their West India islands are completely in our power, they can neither be supplied with food nor the timber necessary for their use, and for the casks in which they export their produce, from any part of the world except this. The British estimate their capital employed in the West Indies, at one hundred millions sterling; thousands of their people are interested in this; there is no part of their commerce more important to them; it gives employment to a great number of ships and seamen; it affords a market for a great amount of their manufactures. If the embargo is continued, the loss to G. Britain will be incalculable. If as is probable she should be excluded from the Baltic trade, she will be dependent upon us for various articles of naval stores, which she cannot do without.
G. B. manufactures annually 61,000,000 of pounds of cotton, 31,000,000 of which she receives from the U. S. and 15,000,000 thro' Portugal, which will now be lost to her. In this business alone, 500,000 people are employed; the effect of withholding this supply of this article, can easily be estimated; add to these considerations, the diminution of our import trade from that country, and I believe you will think with me that the expectation is not ill-founded, that G. B. will hesitate before she will force us to continue for any length of time a measure that threatens her with ruin. I firmly believe if anything will give us an honorable accommodation with that nation, it will be the fear of the continuance and operation of the embargo. That this measure will produce great inconvenience to us must be ad-
mitted. I believe, however, the difference between it and war will not be great—There is this striking difference between its operation here, and abroad; we shall be obliged to do without articles not essential, there, they will be deprived of things of the first necessity. The greatest inconvenience that would arise in our state, would be the sacrifice of property sold under execution; to prevent this, I think the Legislature ought to make provision. This is a delicate subject, but all things considered, I think such a measure proper and expedient: in doing it, the utmost care should be taken to injure the creditor as little as possible & not to impair his security. With this view, I would not have the Courts impeded in any way; I would rather expedite them, but I would allow property under execution to be reprieved for twelve months. This in many cases would be beneficial to the creditor, as it would give him a security that he would not otherwise get. I should prefer this expedient to any other, because we know its bearings, it is familiar to us; and we know it will not injure the creditor in any other way, than the delay it will impose upon him in the collection of his money. As to the duration of the embargo, it is impossible to fix any period; I believe it would be very short, if G. Britain and France should be convinced we will adhere to it. A doubt upon this subject, may give it a longer continuance than it would otherwise have. My own conjecture is that the embargo need not be enforced for a longer period than six or eight months.
It is attempted to make the most gross misrepresentations of the motives of the government in adopting this measure. It is said that it was directed by France; the folly and wickedness of this assertion is sufficiently proved by the injury it will do that country. But in order to put the thing out of all doubt, I have enquired of persons who know, and I assure you with confidence, that the French government, whatever they may have done to other nations, has never made any requisition of our government, or in any manner attempted to dictate to us what course we should pursue towards any nation. Such an attempt would be received with the indignation it ought to inspire. In this way it is attempted to divert us from re-enacting the outrages committed by Great-Britain, and to involve us in the war as the partizan of that country. Efforts of this sort will have as little effect here, as I trust they will have with the people at large. I asked the favor of you, to inform me what is the sentiment in Virginia, as to what would be proper for this country to do in our adjustment with Great-Britain, upon the subject of impressment of our seamen by the officers of that nation. There is a willingness to make every Legislative provision that Great-Britain will prescribe, (provided she will make it reciprocal) to prevent British seamen from being employed in our ships public or private—if this is done, there will be no pretence for impressments. Ought we to do more? Shall we by accommodating upon other points leave Great-Britain in the practice, and tacitly acknowledge her right to impress whom she pleases from our vessels? I pray you to let me know the wishes of our country upon this subject—I believe an amendment to the constitution to make the Judges removable, upon the joint vote of the two houses, would be agreed to by this Congress—I think they would likewise agree to shorten the term of service of the Senators to two years, but I do not think the power of recalling, would or ought to be consented to."
Vive la Bagatelle.
We are no enemies to a little fun and joke, though they should be from our political adversaries and at our own expence.—The best we can say of the following doggerel lines, is, that they contain a little humour, some rhyme, but no reason.
Hunc tu Romane caveto
Hic niger est
Messrs. Editors—I have a motion
To drop a hint to would-be-Junius PHOCION—
Short and terse,
And really, in very pretty doggerel verse,
Suited to the occasion—
A slight abrasion
Or scrape,
From the knuckles of an APE:
Trust me, sirs, we cannot say of HIM,
As did old Parson Horne,
Of JUNIUS (that sharp thorn)
Opus superabat materiem.
And LUCIUS too,
A word to you,
Pray let alone Judge Marshall,
Your talk is scurrilous and trash-all,
"The subject's much too high for thee to take in hand"
Put by McNally, Hawkins, Coke,
"Go find of LAW your lost horn-book,"
Or cultivate your land.
Pray, sirs, may I ask without offence,
Is this same LUCIUS, Common Sense?
Or straddle Pole?
Or both colleagues—check by jowl?
—Granted—so every one believes—
Then verily it brings to mind,
(A fact to which those fools are blind)
The CRUCIFIXION 'twixt two T'S—
If nothing else will stop th'abuse
Pray let me recommend th'ATHUS!
A pretty vegetable diet,
For some noisy Fowl,
(Mistake me not—I don't mean Owls,)
And ever makes them quiet.
ATHUSA synapiun fools-parsley—noxious only to Geese.
Last Evening's Mail.
HOUSE OF REPRESENTATIVES,
THURSDAY, Dec. 31.
The bill supplementary to the act laying an embargo was discussed in the House, when, about 1 o'clock, on motion of Mr. Randolph, it was postponed.
Mr. Randolph then rose for the purpose of making a motion, & giving information to the House which he had just received. This was a duty which he owed not only to himself, but to the enlightened and independent freeholders who gave him a seat on this floor, and to the country at large. Within a few days information had been put into his possession, of a nature and on a subject which he deemed it proper for the constitutional authority to enquire into. Had this information come earlier into his possession, he should not till now have delayed giving it publicity. He would first state certain facts, and those facts would be the ground of his motion, on which he should offer no argument. Mr. R. then read the following documents.
TRANSLATION.
In the galley the Victoria, Bernardo Molina, Patron, there have been sent to Don Vincent Polch, nine thousand six hundred and forty dollars, which sum, without making the least use of it, you hold at my disposal to deliver it at the moment that an order may be presented to you by the American general, Don James Wilkinson God preserve you many years.
New-Orleans, 20th Jan. 1796.
The B. de CARONDELLET.
To Senor Don Thomas Portell. I certify that the foregoing is a copy of its original to which I refer. (Signed) THOMAS PORTELL. New Madrid, 27th June, 1796.
Fort Washington, Sept. 22, 1796.
Ill health and many pressing engagements must be my apology for a short letter. I must refer you to my letter to the Baron for several particulars and for a detail of my perils and abuses. I must beg leave to refer you to our friend Power, whom I find of youthful enterprise and fidelity, he certainly deserves well of the court and I don't doubt that he will be rewarded.
What political crisis is the present! and how deeply interesting in its probable results, in all its tendencies, and thereby must hope it may not be carried into execution. If it is, an entire reform in the police and the military establishments of Louisiana will be found immediately indispensable to the security of the Mexican provinces. I beg you to write me fully on this question in cypher by Power, whose presence in Philadelphia is necessary, as well to clear his own character, attacked by Wayne, so to support the fact of the outrage recently offered to the Spanish crown in his person, and to bring me either the person or the deposition of a man, now under your command, who had been suborned by Wayne to bear false witness against him, and afterwards for fear he should recant, bribed him to leave Kentucky. Power will give you the perfect of this infamous transaction, and I conjure you by all the ties of friendship and of policy to assist him on this occasion. If Spain does not resent the outrage offered to Power in the face of all Kentucky, my letter to the Baron will explain the motives which carry me to Philadelphia, from thence I will write again to you. Power will explain to you circumstances which justify the belief of the great treachery that has been practiced with respect to the money lately sent me. For the love of God and our concerns, never suffer my name to be written or spoken. The suspicion of Washington is false. Beware of Bradford, the Fox Pitt refugee, he seeks to make peace—there are spies everywhere. We have a report here that you are appointed governor of Louisiana. God Grant it, as I presume the Baron will be promoted. I am your affectionate friend. W.
Copy of a letter in cypher received from General Wilkinson. Natchez 6th of February, 1797.
(Signed) Manuel Gayosa de Lemos.
In a separate paper he says what follows;
This will be delivered to you by Noland whom you know is a child of my own raising, true to his profession and firm in his attachments to Spain. I consider him a powerful instrument in our hands, should occasion offer, I will answer for his conduct. I am deeply interested in whatever concerns him and I confidently recommend him to your warmest protection. I am evidently your affectionate friend. WILKINSON.
A copy. (Signed) Manuel Gayosa de Lemos.
N. B. Don Gayosa was then governor of Natchez and the same year was made governor of Louisiana.
Mr. Randolph stated the following to be an extract of a letter signed T. Power, whose handwriting he understood could be identified;
"On the 27th of the same month [Oct. last] appeared in the Richmond Enquirer a certificate given by myself to Gen. W. in New Orleans on the 16th of May preceding. Immediately on my getting sight of this piece, which was the same or the next day, I addressed a note to his Excellency gen. W. [No. 3.] On this I did not keep a copy and therefore dare not vouch that it is an exact literal transcript of the original. But I will be bold to say that it is nearly (or to make use of the General's own language) substantially the same.
between my repeated declarations to many of my friends and acquaintances (I must say it with a blush) and this certificate, there is a manifest contradiction. And between this same certificate and the deductions to be drawn from my declaration before the Richmond court, there is an apparent inconsistency which it is now my task to clear up and reconcile.
During gen. W's residence in N. Orleans last winter, I used occasionally to visit him—
a few days before he left Orleans I
waited upon him one morning, and after some
conversation on certain transactions that had
taken place at a former period in the western
country, and on the delicate situation in which
his conduct during the winter was likely to
place him, he asked me if I had any objection
to giving him a certificate that might help
him to silence that foul mouthed Bradford,
and refute the assertions of the editor of the
Western World. I replied without hesitation
that I had none, and would give him one
with pleasure, provided he promised me it
should not be published. On this he assured
me that the only use he proposed to make of
it, was to lay it before the President, with
the view to prove the falsehood of the charges
circulated against him, vindicate his character
and secure the confidence of the executive.
This is not exactly, is substantially what the
general said. He then desired me to sit down
and write the certificate. I observed that I
might not make it out entirely to his satisfac-
tion; and that as he best knew the points he
wished should be embraced in it, he had better
make it out himself, and I would copy it.
To this he agreed. Next morning I waited
on his Excellency, and he presented me the
certificate, which I copied, as it has been
published with a few alterations. One, a very
material one, is that after these words, "do
most solemnly declare that I have, at no time
carried or delivered to gen. W." I erased
the words "either directly or indirectly."
And declared to the general that I could not
insert those words. He did no insist and
contented himself with saying that he wished
me to insert them if my conscience would al-
low it, but not otherwise. This is ingenuously,
exactly what passed between the general
and myself at that time.
Now let me with the same frankness and
ingenuousness, without referring to any pre-
ceding or subsequent event, narrate the trans-
action of 1796, alluded to in my certificate and concerning which I offered to give testimony in the Federal circuit court in Richmond. It is the same that is the subject of the affidavits of Messrs. Derbigny and Mercier. That of the former gentleman is correct as to substance, for I actually did receive from Capt. Dr. Thos. Portell, commandant of New-Madrid, the sum of 9640 $ for general Wilkinson, towards the latter end of June or beginning of July, 1796, which was packed up in the manner described by Mr. Derbigny and when I was stopped and my boat searched on the Ohio by lieut. Steele, under the orders of Gen Anthony Wayne, I had other sums on board, but this was the only one I had received for gen. Wilkinson. On my arrival at Louisville, determined not to expose myself a second time to military inuendo and fearful of being overtaxed by Steele on his return, and of being again overburdened, I landed my cargo, purchased a horse, and proceeded by land to Cincinnati. As I passed through Lexington, I published in Stewart's Kentucky Herald my affidavit concerning this out age, supported by those of the spectators of the transaction. Weigh, White and St.
freeedly a few strictures on this military
practice, signed Impartial. And I now take
this opportunity of clearing Gen Wilkinson
of the charge of being the author of it, as is
asserted by Bradford of New Orleans, and
declare it was written by myself, and that,
excepting Capt. Campbell Smith, no one
ever saw it before it was put into the hands
of the printer.
At Cincinnati I acquainted gen. W. with
the circumstances that had occurred, and he
gave me orders to deliver the money to Mr.
Philip Nolan. These orders I punctually ex-
ecuted. Mr. Nolan conveyed the barrels of
sugar and coffee, that contained the dollars
to Frankfort in a waggon. I there saw them
opened in Mr. Montgomery Brown's store.
The sugar and coffee, afterwards sold to
Mr. Abijah Hunt of Cincinnati.
I shall take no notice of Mr. McDonough's
affidavit. It does not refer to any thing al-
luded to in my certificate. That part of mine
that has reference to my mission to Kentuck-
y and Detroit in 1797, I shall also pass over
in silence as it has no connexion with the pre-

A TRANSLATION
Of the decision of the Imperial Council of Prizes in the case of the American ship the Horizon, stranded on the coast of France. Under the Decree of the 21st November, 1806.
The Imperial Council of Prizes has rendered the following decision. The papers relative to the affair of the stranding of the American ship the Horizon, being taken into consideration, the result is as follows:
The American ship the Horizon belonging to Mr. John McClure and Mr. Alexander McClure, brothers of Charleston, cleared out in the month of September, 1804, under the command of Captain Zanzibar, on the eastern coast of Africa, with a cargo of different kinds of merchandise for account, and risque of these two brothers.
The papers with which this vessel was furnished were,
1st. A register dated at Charleston on the 3d of Sept. 1804, proving the property to belong to the brothers, the McClures.
2nd. A passport from the President of the United States dated on the same day, for the ship Horizon going from Charleston to the Isle of Zanzibar.
3d. A Mediterranean passport of the same date.
4th. The list or roll of the men composing the crew, signed by the captain and certified by a Justice of the Peace at Charleston on the 3d September, 1804.
5th. The act of engagement of the people composing the crew at the time when the vessel was cast away, and of which the first article is dated on the 20th Jan. 1807.
There were besides many papers relative to the cargo, which were perfectly regular.
It appeared by a declaration of capt. McClure that the Horizon went first to Goree where she sold a part of her cargo, which was replaced by articles of that country; that from thence she made sail for the River de la Plata; that on the 30th April, 1805, she was stopped at the entrance of that river by an English privateer who released him under an agreement signed by the two captains, that the validity or invalidity of the prize should be decided by four merchants of London; he then touched at Buenos Ayres, where he sold his cargo and afterwards went to Montevideo the only port designated for the clearance of foreign vessels, that at this port his ship was freighted by the correspondents of the House of Brentano and Virbret to carry to London a cargo of merchandise, and that this circumstance determined capt. McClure to give up the project of going to Zanzibar, that towards the end of September, 1805, the captain left Montevideo in company with the brig Simon belonging also to him and his brother, on board of which he put, destined for London, the merchandise belonging to their concern, with the exception of some things which he kept on board his own vessel with a sum of about 2200 dollars, partly in specie and partly in ingots of gold and silver; that the voyage of the brig Simon was fortunate; but that the ship Horizon was so much injured in consequence of bad weather that she was obliged to put into Lisbon to refit; that during her stay in that port capt. McClure succeeded in obtaining from the Spanish government a permit to trade in the Spanish ports on the Pacific Ocean; that in consequence he gave an order to purchase on his account at Lisbon 100 tons of quick-silver, an article necessary for the working Spanish mines in the new world; that the capt. in hastened to finish his voyage to London with a view of making up a cargo for Lima and coming back to Lisbon to take on board his 100 tons of quick-silver; that in consequence he made sail in the month of June, 1806; but that the English frigate the Diana went out of the port the same day that he did, captured him, and carried him to England, where by a decree of the high court of a admiralty of the 10th of September of the same year, on board in an enemy's colony and the ship released as well as the merchandise belonging to capt. McClure. After the captain had obtained the release of his ship, he occupied himself in England, informing a cargo for Lima, he was to go back to Lisbon to take (on board) the quick-silver, and to receive there the sum of 1000 dollars. The bill of lading of the cargo taken on board at London, is dated on the 23d of May, 1807; it contains the detail of the merchandise, of which this cargo is composed, and for which no freight is stipulated, inasmuch as it was on account of the captain. The destination is announced to be, for Lima and other ports of Spanish America.
On the 28th of May last the Horizon set sail from the Thames, she was soon overtaken by a storm, and on the 30th of the same month, she was thrown on the rock called the Ramneyer on the coast of Clouan, near Morlaix, where she was wrecked. The commissary of the Marine employed on that part of the coast having been informed of this event, went to the place to make the necessary enquiries, and to take the proper steps to save the property.
On the 1st of June the American captain was examined, on the 7th of the same month he submitted to a second examination, as well as all the other men of his crew, and all their answers concurring to prove that the ship as well as the cargo was really the property of captain McClure and his brother, both citizens of the U. States.
The administrators of the marine of Brest have by a decision of the 10th of the same month sent to the council to decide on this affair, manifesting an opinion that the imperial decree of the 21st November, 1806, did not seem necessarily to apply to the case of the Horizon; this ship not having touched willingly, but from necessity on the coast of France.
Two memorials with many papers to support them, were produced to the council, under date of the 24th of Sept. which was given to him by the ambassador of the U. States to the French government.
In support of this declaration he has produced a copy of the letter from his excellency, the minister of the marine and of the colonies, of the 24th Sept. which was given to him by the ambassador of the U. States to the French government.
This ambassador has added to it at the same time, a letter under date of the 14th September,
in which he tells capt. McClure that he had sent a copy of the same letter to the ambassador of the U. States at London to make such use of it as his prudence might suggest. He has added that his excellency the minister of the marine and of the colonies, had himself sent a duplicate to the French ambassador in America to serve as an instruction to the French marine in the West Indies, so far as related to the commerce of the U. States, and that the ambassador had made a communication of it to the government of the U. States. The conclusion which capt. McClure drew from this letter was, that if the decree of the 21st of Nov. was applicable to American vessels, he had been led into an error by means of the French government, since the minister of marine could not but be considered as its organ in a diplomatic and ministerial correspondence.
Since then having learnt that, from a decision given by his majesty, as to the scope which his decree of the 21st November ought to have, it results that it is applicable as well to American as to all other neutral vessels, he has renewed the plea, that it was the answer of the minister of the marine which had led him into error - he has said that if it was necessary even in France to consult the emperor as to the way in which the decree of the 21st November was to be understood, it could not be a crime in him, a foreigner, not to be more enlightened than the authorities who had asked an interpretation of it. He has contended that it is only from the day of that decision that the decree in question could be made to apply to American vessels which should not conform to it in future. Moreover, in observing that it would be impossible under any point of view in which the affair could be considered to confiscate the wreck of his vessel and the parts of the cargo which were saved, that which did not belong to the fabrics of England nor come from her colonies, he has insisted that the 7th article of this decree does not pronounce against neutral vessels coming from England more than a prohibition to their entry into the ports of France, and that neither their confiscation nor that of their cargoes is pronounced by the 8th article, save only when they are introduced there by means of a false declaration. Now, said he, it is not in consequence of a false declaration that I have touched on the coast of France, it is in consequence of my shipwreck, and it will be a violation of all the laws of equity to confiscate the wreck of my property, making my misfortune a crime.
The Brothers, the McClures' concluded by asking permission to receive the proceeds arising from the sale which may have been legally made of the wreck of their ship, and of certain things belonging to their cargo, as also the part of the cargo which had been saved after a deduction of the costs of salvage with authority in case of the insufficiency of the proceeds of the sale to pay the said costs; to go on to sell so much of the merchandise yet remaining as would do it, under full reservations particularly to prosecute in any of the effects which had been illegally taken and embezzled, and to sue for such interest and damages as could be legally obtained; and generally with a reservation of all rights, exceptions, &c. &c.
Such are the facts and circumstances of the affair.
Upon which, the demand in writing of the imperial attorney general placed this day on the table was taken into consideration, and the report of Mr. La Coste, Member of the Council, was heard.
Considering the neutrality of the ship and of the cargo as being proven agreeably to the requisitions of the convention of the 1st October, 1800, there would be good ground to release the whole, size (in the cargo) that there was some merchandise of English origin, and consequently within the purview of the imperial decree of the 21st November, 1806: That it is true that this article in declaring such merchandise good prize had specially in view captures made at sea; but that the question whether property taken from a wreck ought to be restored or confiscated, having always been solved under the 14th article of the law of the 26th July, 1778, according to the character which the capture at sea of that property would have given it, there is no ground to introduce here a new distinction, which, however, philanthropic it may seem, has, nevertheless, as yet become the usage of any maritime nation. That the application of the 5th article of the before-mentioned decree to the Americans as to their people results from the general terms of the article, and from the communication recently made by his excellency the chief justice (le Grand Juge) relative to the original intention of the sovereign.
As to the rest, the expedition in question having clearly been undertaken after the requisite knowledge of the said decree, no objection can properly be drawn from the general rules, which forbid all retrospective effect nor even in this particular case from the posteriority of the act by which the sovereign has pronounced on the question: since this act emanates from his supreme wisdom not as an interpretation of a doubtful point; but as a declaration of an anterior and positive order. That if one of the principal agents of His majesty had given a contrary opinion, the Council has not at any time participated in it. Besides, this opinion being that of an individual, cannot, however respectable may be its author, balance the formal declaration given in the name of His Majesty himself and that if the communication of this opinion had encouraged and served as a basis, as is alleged to many American expeditions and particularly to the one in question, this circumstance which might call for the indulgence of his majesty, in a case where the confiscation goes entirely to the benefit of the state, does not release the council from the strict obligation of pronouncing in conformity to the decree of the 21st November and to the declaration which has followed it.
That as it regards the expense of maintaining the crew, and of the salvage, they ought according to the general rule to be borne by the proprietors, proportionably to the restitution which will be made to them, but as it is certain on the one hand that the men belonging to the ship have been retained under the authority of the government; on the other that at the time of the shipwreck a considerable pillage was committed, in consequence of which there has been instituted a criminal prosecution, the result of which, it is extremely probable, will not completely indemnify the proprietors for the loss they sustained of merchandise not liable to seizure and that this circumstance is of a nature to exempt them from all contribution other than that of the sale - the Council releases the Americans the Horizon stranded, on the 30th June last, near Morlaix; in consequence orders that the proceeds of the sale legally made of the wreck of the said ship together with the merchandise of the cargo, which, after an examination made in the presence of the agents of the administrators of the marine and of the custom-house, shall be known not to have come either from the English manufactures or the territories of England, shall be restored to captain McClure without a deduction of other expenses than those relating to the sale. And with respect to the other merchandise of the cargo which from the result of the said examination, shall be known to have come from the English manufactures or territory, there it has consented for the profit of the state, by virtue of the 5th article of the decree of the 21st November, 1806; the whole to be sold under the forms prescribed by law and the applications of the proceeds to be made in conformity to the dispositions of the said decree, a deduction being made of all the costs of salvage and of those of maintaining the crew to the time when a notification shall be made to the captain of the present decision.
Done at the Imperial Council of Prizes, sitting at Paris, this 16th of October, 1807.
(Signed) BERLIER. President la Corte Supérieure.
LOAN OFFICE. State of Virginia, June 8, 1837. Notice is hereby given - That in conformity with the provisions of the act supplementary to the act, entitled, "An act making provision for the redemption of the whole of the public debt of the United States," books will be opened at the office of the commissioner of loans for the state of Virginia, on the 1st day of July next, to continue open until the seventeenth day of March, 1838, inclusively, for the purpose of receiving subscriptions for such parts of the old six per cent. deferred six per cent. and three per cent. stocks, as may, on the day of subscription, stand on the books of the said commissioner of loans.
Those proprietors of the old six per cent. and deferred stocks, who may subscribe, will receive in lieu thereof a new six per cent. stock, equal to the unredeemed amount of the stock surrendered, redeemable at the pleasure of the United States, under a proviso however, that no reimbursement shall be made except for the whole amount of any such new certificate of stock, nor till after six months previous notice: and the proprietors of the three per cent. stock who may subscribe, will receive in lieu thereof a six per cent. stock, equal to sixty-five per cent. of the amount of three per cent. surrendered, redeemable in the same manner as the new six per cent. above mentioned, but not reimbursable however, without the assent of the subscriber, until after the whole of the new six per cent. (given in exchange for old six or deferred as above mentioned,) as well as the whole of the eight per cent. stock of the United States, shall have been reimbursed. It is also provided that in every reimbursement which may take place, a preference will be given to those creditors who may notify their wish to be reimbursed; and that if the applications to that effect shall at any time either exceed or fall short of the sum then applicable to that purpose, the propriety of payment shall, so far as may be necessary, be determined by lot.
The present stock-holders who reside in any part of Europe, and may assent to that modification, may at their option, receive the interest accruing on the new stock, either in the U. States as heretofore, or in London, or Amsterdam, at par: in which last case, the interest will be paid there by the bankers of the United States, six months subsequent to the day, on which the same would be payable in the United States, and subject to no variation; nor to any other deduction than a commission to the bankers, of one half per cent. on the interest thus paid.
JOHN PAGE, Commissioner of Loans. NOTE.
Proprietors of 1000 dollars nominal six per cent. stock, subscribed before the 1st October, 1807, will be entitled to receive, 649 62 3/4 of new six. If subscribed between the 1st October, and 31st December, 1807, 644 37 - between the 1st January, and 17th March, 1808, 619 03 - Proprietors of 1000 dollars nominal deferred, subscribed before the 1st October, 1807, will be entitled to receive, 855 78 - If subscribed between the 1st October, and 31st December, 1807, 853 62 - between the 1st January, and 17th March, 1808, 831 42 - Being the unredeemed amount of the old stock on the 1st July, and October, 1807, and 1st January, 1808, respectively. Proprietors of 100 dollars three per cent. stock will be entitled to receive 650 dollars of new six.
J. P. Com'r. Ls. (law9am.) June 10.
ROYSTON & BOHANNON - Have just received a general assortment of GROCERIES, - AMONG WHICH ARE - 1200 sacks Liverpool Salt, 10 hhds. W. India Rum, 10 do. N. England do. 10 casks Sherry, 10 do. Lisbon, 10 do. Malaga, 3 hhds. Teneriffe, 24 hhds. Sugar, 14 do. Loaf do. 50 boxes N. Y. Candles, 50 do. best yellow Soap, 100 reams wrapping Paper, 50 do. writing do. Soft shelled Almonds by quantity, 12 boxes Chocolate, 30 crates well assorted Earthen Ware, 12 boxes Glass Ware, consisting of - TUMBLERS, Gill, 6 pipes F. Brandy, 10 hds. Molasses, 30 tiers Whiskey, 10 chests Y. Hyson Tea, 10 do. Imperial do. 20 bags Coffee, 1 case Cutary Ware, well assorted. Powder, Shot, Window Glass assorted, Copperas, Leaper's Snuff, Brimstone, 20 boxes Spanish Segas, Mustard by box, Nutmegs by quantity. Also - An assortment of Stone Ware; together with a number of other articles, which they will sell low for cash, country produce or good acceptances in town. October 30. [law6w.]
BROKERAGE AND COMMISSION BUSINESS - The subscriber respectfully offers his services to his friends and the public, in the above line of business and solicits their patronage. G. GREENHOW. Dec. 15. [oaw4w.]
FOR SALE, a few prime tracts of Military LAND, in the state of Ohio. Bank Shares wanted - Apply as above. Dec. 15. [oaw1m.]
FOR SALE, that large, valuable and well built Brick Lumber-House, lately the property of Messrs. Wm. McKenzie & Co. 30 feet front, 50 feet deep, and three stories high, situated on the back street leading from the Basin, nearly opposite to the house lately occupied by Mr. John Henry. The terms will be liberal and convenient to the purchaser. Apply to TAYLOR & BROWN. Nov. 20. (1.w6)
IN pursuance of a decree in Chancery, made by the Court of the U. States for the 5th circuit, in the district of Virginia, at the Nov. term, in the year 1808, we shall expose to public auction, at the time and place hereinafter mentioned - Two TRACTS, in the county of Goochland, one on Beaver Dam Creek, containing nine hundred acres, and the other called Little-Island, containing ten acres, at Goochland Court-House, on the court day thereof, on the 3d Monday in January, 1808. The dowry of the widow of Wm. Ronald, will be first deducted, and the conditions on which the said Land are directed under the said decree, will appear therein and will be communicated on the day of sale. The terms of payment will be as follows: one fourth of the purchase money to be paid in cash, and the remaining three fourths in three equal instalments of six, twelve and eighteen months credit. In all respects the aforesaid decree will be pursued. WM. BERKELEY, JOSIAH ELLIS, Wm. MANN, Commissioners. Nov. 16. (oaw2m.)
FOR RENT - A large three story Brick HOUSE, near the Basin, in which Mr. Southgate has lived for some years - Apply to Mr. Thomas Norvell or the subscriber. Dec. 15. [law34w.] - SAML. OVERTON.
EDUCATION - My school will be open for the reception of students the ensuing year about the first of February; in which will be taught, English Grammar, Latin, Geography, History, Euclid's Elements, Elocution, Book-keeping, Reading, Writing and Arithmetic. The price for tuition will be twenty dollars for the term, to be paid half yearly in advance - Board may be had on reasonable terms in the neighbourhood. RICH. M. SEGAR. Middlesex, Dec. 24. (law4w.)
WILL positively be sold, on Saturday the 23d January 1838, one tract of Land, lying in the county of Albemarle, containing two hundred and seventy acres, be the same more or less, about three miles from Charlottesville and adjoining the lands of Henry Williams, George Dovers and others: Also, the following Slaves, to wit: James, Jude, Sukey and Joe, by virtue of a deed of trust executed to the subscribers, by Cloudious Buster, dec'd. in his life time, and committed to record in the district court of Charlottesville, to secure a sum of money due from said Buster, dec'd. to Will Gault, acting as trustee; will convey title vested in us as such.
DAVID ANDERSON, BENJAMIN BROWN, Trustees. Albemarle, Dec. 29. (2w3w.)
SEVENTEEN SLAVES - By virtue of a deed of trust executed to the subscriber, by William Laurence, in his life time, and admitted to record in the General Court, at the June term, 1804, to secure the payment of a sum of money therein mentioned, due to William Fenwick, will positively be sold, at Louisa court-house, on the 11th day of January next, being Louisa court day, seventeen valuable SLAVES - Among them are several house Servants, a very good Shoemaker, regularly bred to the business, a good Seamstress and a good Hostler - Also, six Beds and Furniture, four Horses, thirty Hogs, and twenty head of Cattle - By the consent of Mr. Fenwick, at the request of the Adm'r. of the dec'd. a credit of six months will be given to the purchasers of the Negroes, upon their executing bonds to the subscriber with good security, and likewise giving him a deed of trust on the Negroes or Negroes purchased, and on real property to secure the punctilious payment of the money when it becomes due; the other property will be sold for ready money. The subscriber will convey his title as trustee, which he believes to be indisputable. DAVID BULLOCK. December 12. [law4ds.]
THE SUBSCRIBER having purchased the patent-right of eating using, &c. (within the greater part of this state) southward of the bay, one of the truest, best and most expeditious Nail Cutting Machines that has ever been introduced into this state, by which much superior nails are made: any person residing within a sufficient distance from this place, who is desirous of purchasing such a machine, may have one at the same price that was given by the subscriber; and for a reasonable consideration may likewise possess an exclusive right of working it within any such district as may be agreed on. Richmond, Dec. 15, 1807.
At McCall's Manufactory on the Basin of the Canal, are sold Nails of a superior quality, at the following prices: and where also is to be had, bar and hoop iron, Nails, Tools, &c. &c.
WROUGHT NAILS. Spikes, 40, 30 and 20 nails, 12 1/2 per lb. 12 nails, 13 10 do. 14 8 do. 14 1/2 CUT NAILS & BRADS. 24, 20, 12 and 10 brads, 11 per lb. 8 do. 11 1/2 6 nails, 12 1/2 4 do. 13 3 do. 14 [law4w.]
FIVE DOLLARS REWARD - Stolen with the Saddle-Bags of the Farmville Post-Rider, two water proof Locks, belonging to a double-barrelled gun: the cock of the right hand lock was broken off with the part of the tumbler with which it was connected: the upper jaw and screw of the left hand lock were wanting. The above reward will be given to any person delivering them at the office of the Enquirer, or furthering them to the subscriber - No questions asked. THOS. ROBINSON. Farmville, Prince-Edward, Dec. 19. [oaw5w.]
WILL BE SOLD, at public auction, on the 18th day of January next, at the door of the Eagle-Tavern, ninety-two thousand, seven hundred and thirty acres of western LANDS, lying in the counties of Montgomery, Harrison and Kenawha. A credit of one, two, three and four years will be allowed, if satisfactory security shall be given. SAMUEL GREENHOW. Richmond, Oct. 7. (oaw4ds.)
VIRGINIA - At a Superior Court of Chancery held at the Capitol, in Richmond, May 1st, 1807. Samuel Booker, administrator, with the will annexed of Wm. Brown, deceased, Plaintiff - against J. John Scott and William Weir, Defendants.
The defendant Wm. Weir, 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. Dec. 19. (law8w4w.)
LOST, between Hanover Court House, and the Eagle-Tavern, in the city of Richmond, this day, a red Morocco Pocket-Book, with Bank Notes, to the amount of ninety-five dollars - one fifty dollar note of the U. States' branch at Savannah, No. 5553 - two twenty dollar notes of the Virginia Bank, and a five dollar, the numbers of the three last not now recollected; with two Bonds of Warner L. Wormley's of a thousand dollars, given to Robert B. Gaines of King and Queen, one of five hundred due the first of January 1810, and the other also of five hundred dollars due in January 1811, with sundry other papers that can be of no service to any person but the owner. Who ever will deliver the said Pocket-Book with the ninety five dollars and all the other papers that were in it when lost, to Mr. Poitiaux of this city, or to the subscriber residing in King William near Hanover Courthouse, shall receive twenty dollars. THOMAS CARY NELSON. Richmond, Dec. 23. [2aw4f.]
NEGROES FOR SALE - By virtue of a deed of trust, executed to us by Chas. M. Gilliam, to secure the payment of a sum of money due to Richard Richardson, will be offered for sale for cash, at public auction, at the house of John Anderson, in the town of New Canton, on Wednesday the 20th of next month, two likely NEGROES, viz. Jacob and Sukey.
ELLIIS PUTNEY, M. M. LANGHORNE, JOHN B. SADLER, Trustees. New Canton, Dec. 24. (1w3w4w.)
JUST RECEIVED, a general assortment of DUTCH BOLTING CLOTHS, of superior quality - For sale by J. DARMSDATT. Oct. 23. [d.]
A TEACHER, who can teach the Latin and French Languages, the English grammatically, Arithmetic and Geography, who wishes a hearty situation in the country, may obtain an advantageous situation upon liberal terms; for further information, any person who wishes employment of that kind, is referred to the Editor of the ENQUIRER. Dec. 15. [d.]
CASH SALES - To be sold for ready money, in pursuance of a deed of trust from David Ross, esq. bearing date on the 30th day of July, 1806, & recorded in the general court, in order to raise the sum of $50,000 and upwards, and the charges and expenses of sale - Those well known MILLS with the appurtenances, in the city of Richmond, called the Columbian Mills. Two undivided third parts of the Deep Run Coal Pits, in the county of Henrico, containing about 1750 acres, more or less. Two undivided third parts of the Falling-Creek Coal Pits, in the county of Chesterfield, containing about one hundred acres. Two undivided third parts of the Dover Coal Lands, in the county of Goochland, containing about ninety acres, which three several tracts of Coal Land were held in partnership between the said David Ross, and James Currie, deceased. The Columbian Mills and Appurtenances, are subject to a ground rent to Samuel Overton, and the said Mills and two tracts of Coal Land, first mentioned, are pledged for the security of sundry sums of money, due to Mrs. Frances Tabb and Wm. B. Giles, administrator of John Tabb, dec'd. a large proportion of which, is stated by the said Ross to have been paid, and other estates are pledged for the balance. For further information on this subject, persons inclined to purchase, are referred to the said Ross, or it may be obtained on application to the subscribers - The sales will take place at the Eagle-Tavern, in the City of Richmond, on Wednesday, the 20th of January, 1808. E. W. ROOTES, WILSON ALLEN, Trustees. Nov. 30. [eptf.]
WILLIAM TEMPLE, has received by the ship Herschell from Liverpool, and Calpa from London, an extensive supply of MERCHANDIZE, suitable to the present and approaching season, which he will sell low. Oct. 10. [d.]
ONE HUNDRED DOLLARS REWARD - Runaway about the 1st instant from the service of Mr. William Rawleigh (to whom he was a black man named JACKSON, a house carpenter by profession, of thin consumptive appearance, about forty years of age, five feet eight or nine inches high. From circumstances attending his escape, it is believed he intends making his way to one of the eastern states and has been provided with false papers of freedom. If taken within the state and delivered me here or secured that I get him, I will give fifty dollars, or if taken out of the state, one hundred dollars. ROBERT GAMBLE, Jun. Richmond, Dec. 29. [eptf.]
JOHNSON and REAT, Jewellers & Silver-smiths, Richmond: a few doors above the Bell-Tavern, and just opposite col. Mayo's new building; beg leave to inform the inhabitants of Richmond, Manchester, and their Vicinities, that they have on hand a large supply of Works, composed of the latest Fashions, viz. An elegant assortment of pearl and topaz Breast Pins, Finger Rings and Bracelets, plain gold d. of nearly all patterns, Miniature Settings, mounting and fancy Lockets, Ear Rings, mounting and fancy, coronetian, topaz, plain gold and common Watch Keys, gold, pebble and glass Seals, gold and gilt Chains, mounting and fancy gold mounted Necklace, plain and ornamented Combs, pen and tortoiseshell Sagar Boxes, Dicks, Pen Knives and Scissors; a general assortment of silver Spoons and Ladies, Scissor Chains, Thimbles, Pencil Cases, Pens, Spectacles, Tooth Picks, Ink Stands, Snuff boxes and Tweezers, Morocco Pocket Books and Thread Cases: Also, silver and plated Table Ware, consisting of Coffee, Tea and Milk Pors, Bread Baskets, Sugar Dishes, Castors, Tumblers, Salt Stands and Candlesticks; and a number of other articles too tedious to enumerate: All of which they offer to their friends on the most moderate terms that can be afforded. Orders from any place will be thankfully received and speedily dispatched. December 4. [eptf.]
JOHN ALCOCK, informs his friends and the public at large, that he has just received, and is now opening, next door to Messrs. Prosser & Moncure's Warehouse, a large assortment of Merchandise, consisting of the following articles: - Carpenters and Joiners Tools, iron and steel Locks and Hinges, for house work and cabinet ware. I also carry on my Cabinet Manufactory, as usual, adjoining the fire insurance office, have on hand three thousand dollars worth of furniture, finished in the best workman-like manner and in the newest fashion. Also, Windsor Chairs. I will sell all of the above goods, very low for cash, or good paper at a short date. Sept. 5. [eptf.]
THE subscribers having formed a connection in the Grocery line, under the firm of BRIDGES & ROBERTSON, they now offer for sale at their Store on the corner of the street leading to Byrd's ware-house, and opposite to Messrs. Jno. & Robt. Gamble, jr's - A general assortment of GROCERIES - among which are Antigua Rum, Soap, Candies, Holland Gin, Rice, Spanish Indigo, 4th pf Cognac Brandy, Northern Cheese, Raspberry ditto, Best Spanish Segars, London particular Madeira Wine, Brown Stout, Port, Sherry & Teneriffe ditto, English, Swedish and Country Iron, Best green Coffee, Nail and spike Rod, Brown & Loaf Sugar, Pickled Salmon, Best Chocolate, F. F. Gun-powder in Imperial, kegs, Hyson, Raisins, Almonds, Young Hyson & Pepper, Ginger, Souchong, Queens-Ware, &c. &c. &c. Which they will dispose of on liberal terms for cash, country produce, or on the usual credit to punctual customers.
JAMES BRIDGES, WM. ROBERTSON. Richmond, Dec. 4. (d.)
By virtue of a deed of trust from David Ross and Thomas Norvell to the subscribers, bearing date the 4th day of December last, and of record in the Honorable the General Court of this Commonwealth; will be exposed to sale on Friday the 18th day of next month (December,) before the door of the Eagle Tavern, in the City of Richmond, at public auction, for ready money, for the purpose in the said trust deed mentioned, five tracts or parcels of LAND in the county of Fluvanna, adjoining each other, containing in the whole three thousand one hundred and eighty acres, be the same more or less, it being the same lands conveyed to the said David Ross by John Granberry and Susanna his wife, Littleton W. Tazewell and Ann S. his wife, and Michael W. Hancock. Also, one other Tract in the counties of Montgomery and Botetourt, called Fort Lewis, containing two thousand six hundred acres, be the same more or less.
WM. C. WILLIAMS, JOHN PROSSER, Trustees. Richmond, Nov. 20.
The sale of the above property is postponed by consent of the parties interested, until Thursday the 14th of next month, then to be sold before the door of the Eagle Tavern.
WM. C. WILLIAMS, JOHN PROSSER, Trustees. Dec. 29. [eptf.]
NOTICE!! - The subscriber purposes leaving this City in the course of a few days, has determined to dispose of the whole or any part of his stock now remaining on hand at a very reduced price; which consists of a large and superb assortment of Mahogany Furniture, Mattresses of all kinds and sizes, Paper-hangings, Window Blinds, Fringes, Tapestry, Cords, &c. &c. W. HAIGHT. N. B. Those who feel inclined to purchase, will apply opposite the City Jail, on the main street. Dec. 31.