Norfolk gazette and publick ledger (Norfolk [Va.]), 1808-06-13 00:00:00

Before we proceed with the conclusion of Comodore Barron's defence, we must apologize to the publick, and to that gentleman in particular for some errors, which are palpable and material.
In all our impression of Thursday the specifications to the fourth charge, were given with the second charge; this last will be found in the first column of the second page, to which the specifications should have been as follows:
1st. "In that certain threats on the part of some commander of a British vessel of war, that he would take by force if he could not otherwise obtain them, certain men from on board the frigate Chesapeake, and that such threats were known to, or heard by the said James Barron, and still he neglected to clear his ship for action."
2d. "In that there were various indications of a hostile disposition towards the frigate Chesapeake, exhibited by the British ship of war the Leopard, to wit, her putting to sea after certain signals had been seen and noticed by the said James Barron, when there was no other vessel in sight, or any other object to induce her to go to sea but the Chesapeake; the ports of the said ship Leopard were tripped up, and her tompions were out a considerable time before she commenced firing upon the Chesapeake; and still, that notwithstanding these suspicious appearances, which were seen and observed by the said James Barron, he neglected to clear his ship for action."
3d. "In that by various manoeuvres which are set forth in the opinion of the court of enquiry hereto annexed, the British ship of war Leopard did manifest an intention to fire upon the said frigate Chesapeake, and still that the said James Barron neglected to clear his ship for action."
4th. "In that the said ship Leopard did approach the said frigate Chesapeake, under all the appearances of being prepared for action, and still the said James Barron neglected to clear his ship for action."
5th. "In that the said James Barron did receive from the commanding officer of the Leopard a communication clearly intimating that if certain men were not delivered up to him, he should proceed to use force, and still the said James Barron neglected to clear his ship for action."
6th. "In that the said James Barron did verily believe from the communication he received from the commanding officer of the said ship Leopard, that the said ship would fire upon the said frigate Chesapeake, or take by force, if they could not be obtained by other means, any British deserters that could be found on board the Chesapeake and still the said James Barron neglected to clear his ship for action."
Editors who may republish this defence are requested to notice this and the mistakes noticed below.
In a part of our last impression, the following Errata appear.
Page 2. col. 4. par. 6, line 13, read "which" for "who." P. 2, col. 4, line 3d from the bottom, after the word Leopard, dele letter "s." P. 3, col. 1, par. 4, line 17, dele "and." P. 3, col. 1, line 17 from the bottom, for "the" read "that." P. 3, col. 2, par. 1, line 7, for "these" read "them." P. 3, col. 2, par. 2, line 4, for "prepared" read "prepared." P. 3, col. 2, par. 3, line 5, for "of events in" read "over even"—same page, col. and par. line 16, for "influence" read "independence"—same page, col. and par. line 31, for "parts" read "points"—same page, col. par. line 37, for "mortified" read "morbid"—same page, col. par. 4, line 6, for "false" read "past"—same page, col. par. 5, line 10, for "deliberative" read "derivative"—same page, col. par. 6, line 11, for "musters" read "matters"—same page, col. and par. line 22, after the word "least," insert "have"—same page, col. and par. line 26 for "their" read "the"—same page, col. and par. line 7, line 8, dele "to"—same page, col. and par. line 9, for "this" read "his"—same page, col. and par. line 15, for "physicks" read "physics"—same page, col. 3, par. 1, line 2, for instance read "interval."
* When the top of a column does not commence by a paragraph, the first paragraph is counted after that continued over is concluded.
COMMODORE BARRON'S DEFENCE. [CONCLUDED.]
The view which I have taken brings me down to the departure of the British officer from the Chesapeake; and has embraced every circumstance relied on, to support the 2d charge.
The 3d charge is in general terms, "for failing to encourage in my own person, my inferior officers and men to fight courageously." So far as the charge conveys an imputation on my personal courage, I stand acquitted by the concurrent statements of all who saw me, save only Mr. S. Smith. His testimony I shall notice hereafter. Under this general charge there are ten specifications.
1st. "In that he did not on the first moment of an indication of suspicious appearance of a hostile intention on the part of the ship Leopard order his men to quarters."
2d. "In that he did not after he was satisfied that an attack upon his ship would be made, use prompt and officer-like measures to prepare his ship for battle."
3d. "In that when he did order his men to quarters, he did not order them as became an officer of the American navy."
4th. "In that he ordered that the drum should desist from beating, and that the men should be got to quarters secretly, without beat of drum."
5th. "In that from the manner in which he ordered his men to quarters, he did not evince a determination bravely to defend his ship."
6th. "In that he was not to his station during the attack aforesaid, but remained a considerable time at the gangway, as if imploring forbearance."
7th. "In that he drew his men, or some of them, from their guns, to lowering down a boat or boats to send on board of the attacking ship during her attack upon him."
8th. "In that he ordered his first lieutenant from his quarters during the attack, to carry a message on board of the Leopard, at that time firing upon him."
9th. "In that during the attack he used language in the presence of his men calculated to dispirit them."
10th. "In that during the attack he ordered his men to keep down, that they would be cut all to pieces."
The observations which I have already made, are a sufficient answer to the first of these specifications. I did not believe an engagement probable when the British officer departed, although I did deem it proper to be in readiness to guard against every thing which might occur. In execution of this purpose, captain Gordon was directed to come to me, the instant the officer left the ship—I immediately communicated to him the object of the application, and my reply, and gave orders instantly to prepare the ship for action. That gentleman has indeed, represented, that I only desired him to clear the gun deck, and seems to leave it doubtful whether this instruction ought to be construed as a direct order to prepare for battle. On his cross examination when asked if he considered my observation as an order to prepare for battle, he says, that he considered it "an order to prepare to go to quarters." It is remarkable that his order "to go to quarters," was by all the officers and crew considered as an order for battle.
There is no precise form of words, by which an order to prepare for action is to be given by a commander to an inferior officer. Any terms sufficiently explicit, I presume, are proper. Of my intention he could have no doubt; for he himself states that "on perusing these letters he considered an engagement inevitable; that he remarked to me that my reply to captain Humphreys was decisive," and then represents me to have added, that "as they appeared serious in their demand, he had better get his gun deck cleared." Why should I have made these communications to him, as preliminary to my order, but to show him the motives of that order? Why assign the seriousness of the demand as the cause of that order if it had not been with a view of placing the ship in a situation to repel the demand, if persisted in?—For what purpose could he have understood me to intend that the men should go to quarters, but to be ready for action?—I will not descend to quibble about terms. I confidently affirm however, that an order was then substantially given to prepare for action; and I leave it to liberal and candid men to decide from capt. Gordon's own statement, whether it could have been understood in any other way. It was at this time too, that I gave the order to get the men to quarters, secretly without beat of drum. Captain Gordon has represented this latter part of the order to have been subsequently given; after I went on deck, and while I was standing in the gangway. It is not to be wondered at if the order and date of events, so nearly connected in point of time, should be forgotten, or confounded. But it is obvious, that captain Gordon, in this part of his representation, has been mistaken. For he says the first gun of the Leopard, was fired while he stood in the gangway, and before he had gone below to execute the order I then gave him to get his men to quarters. All of the witnesses however, concur in saying, that the drum was beaten on the gun deck, before the gun was fired, and that capt. Gordon stopped the drum, when going from the cabin to the quarter deck. They all too concur in saying, that the drum was beaten after he had given the orders to go to quarters. It is most obvious therefore that the order to go to quarters, in pursuance of which the drum was beaten, was prior to the order given by me in the gangway, about the time the gun was fired.
Having given these orders to capt. Gordon, I repaired to the quarter deck to watch the movements of the Leopard; and then for the first time discovered that the tompions were out, and her guns training upon us. On this discovery it was, that I gave the second order to captain Gordon to "hurry his men to quarters;" a mode of expression certainly better calculated to convey the idea, that a previous order had been given to that effect; than that it was an original order, then for the first time given.
It is imputed to me by the second specification, that I "did not use prompt and officer-like measures in getting the men to quarters"—As to the promptitude of my measures, I have nothing to add to what I have already observed. That they were officer-like, is repeated in the next specification. No particular impropriety however either in the evidence or charges is suggested, but that contained in the 4th specification, in which it is alleged that "I ordered the drum to desist from beating, and that the men should be got to quarters without beat of drum."
The first part of this charge is unsupported by proof. The order to desist, is proved to have been given by captain Gordon; and he therefore is responsible for the consequences of stopping it after it had commenced. The latter part of the charge I admit. I did give the order to get the men to quarters secretly, without beat of drum. Nor will candid and liberal men, see in it any thing derogatory to the character of an American officer. The or-
der was not only justified, but made necessary by the occasion: and much of the disaster of that day is to be imputed to the breach of this order. The court very properly put a stop to the testimony on this point; because it is obviously a question of discretion, on which they require not the opinions of the witnesses to guide them. Those of the witnesses however who have spoken on this point, while they lay hold of the occasion to censure my conduct, have established the very principle, on which the order is to be justified. They admit that there are cases in which such a mode would be proper; cases where either time is to be gained; or preparations are to be concealed from an adversary. On no occasion did these motives operate with greater force—While I was desirous to be prepared for any result; it was my duty to pursue such a course as could not provoke hostility, if none were designed; or precipitate it if intended. Both of these objects would have been defeated, by adopting the usual mode; as our drum must necessarily have been heard aboard the Leopard; and there is every reason to believe, that the firing of the Leopard would not have commenced so soon, if our antagonists had not been assured by the beat of the drum that we were preparing for battle. Captain Gordon indeed says, "that the fire could not have been produced by the beat of the drum;" and he assigns two reasons. 1st. "That the gun was fired, before the drum was beaten;" and secondly, "that the drum, he thinks, could not be heard on board the Leopard." In both particulars he is contradicted by every other witness. Putting the direct evidence out of the question as to the last reason, the court will judge, if it was possible that a drum could have been beaten without being heard at a distance of 50 or 60 yards.
To have given notice of my preparations, would have been inconsistent with the course which my judgment had suggested. This order was a necessary part of that system. If I am censurable in this particular, it will not be, because this order was given; but because the system of conduct which made it necessary, was injudicious, and improper.
Other charges have imputed it to me as an offence, that I delayed my preparations too long.—Whether that part of the accusation be repelled or not it does not belong to me to determine—But if they had been too long delayed; did not that very delay impose the necessity of resorting to this mode, as the only means of gaining time and correcting the former error? The charges are inconsistent.—If the first be true; it evinces the absolute necessity of pursuing the course, which is now condemned.
To the 5th specification I shall only answer; that it is opposed to the testimony of captain Gordon, who has certainly no disposition to speak more favourably of me than he thinks I merit; and to the representation of my conduct by numbers who saw me during the attack.
Wounded by many circumstances growing out of this affair, I acknowledge that none has been more mortifying, and humiliating, than the imputation conveyed by the next specification. It indirectly charges me with a desertion of my post, during the action; and by a refinement in malice insinuates a motive for that desertion, which neither the evidence or opinion of the court of enquiry would permit to be directly charged: I mean a want of personal resolution. To this imputation, though sanctioned by official dignity, my honour and pride forbid me silently to submit. It presupposes that my duty ought to have made me stationary in some particular part of the ship during the attack. What is that station? There is none. My duty required me to be in such positions, as would best enable me to observe the manoeuvres of my antagonist; and direct those of my own ship. Wounded by the first broadside, during the whole attack I never quitted the quarter deck. The witnesses concur in saying, that I was in the most exposed situations. The gangway, (which persons unacquainted with naval affairs would infer from the charge, to be a place of security and safety,) is the only part of the vessel entirely unsheltered even from musket balls; and merits the emphatick appellation of "the slaughter-house," given to it by one of the witnesses—How insatiable and cruel is that spirit of persecution, which deduced from the utmost exposure of my person, and a total contempt of individual danger the disgraceful imputation of cowardice conveyed by this charge.
This question has been proposed in the words of the charge to many of the witnesses. It has been negatived by all of them. That I hailed the Leopard twice soon after her firing commenced, and said I would send my boat on board, is true. That mind is incapable of either generous or intelligent views, which will not distinguish between a ruse de guerre , and an act of cowardice. My antagonists have done me more justice. They perceived my true motives. They discovered, and they acknowledge in this act, a presence of mind, which readily suggested the only expedient for gaining time, to complete my preparations for battle. In the accounts of this transaction which they have published; they ascribe my hailing, not to a cowardly disposition to terminate the conflict; but to a wish to gain time to prepare my ship to maintain it with greater obstinacy. The beat of drum, in violation of my orders, had notified the British commander of my preparations to meet him. He instantly commenced the attack—My own crew I perceived were confused, and unprepared. A few moments were all important to my preparations. Was it criminal or cowardly, to be an artifice of this sort, to attempt to amuse my enemy, till I was in a situation to repel him?
I deny that I ordered lieut. Smith to go into the boat, or that I gave him any message to be carried to the Leopard, during the attack. I will not de-
ta y you by an analysis of the testimony on this point. To those who will take the trouble to examine the details of the evidence given at this trial, and that before the court of enquiry, it will be a matter of curious speculation to enquire by what means such various and contradictory accounts should exist, in the representations of a transaction, so short in duration. There is scarcely any one circumstance, of which different representations are not made. It would defy even the powers of Sir Isaac Newton to reduce them into chronological order—Take the trouble to analyse the statements on this head and you will perceive, the only order given to lieut. B. Smith to go into the boat, was given after the surrender.
The two remaining specifications may be comprised in one answer. It is not pretended that any expression calculated to dispirit the crew was used by me, except those stated in the last specification, in which it is alleged that "I ordered the men to keep down; that they would all be cut to pieces."
The only witness who states, (for I will not misapply the word as to say proves ), these expressions, is Mr. Babet; a young midshipman, the only person who gave evidence on this head before the court of enquiry. He is positive, even to a word, of the very terms which I used; and has stated them with all certainty as to time, place, manner and object. He however generously disclaims all imputation of fear to me, either when these expressions were used, or at any other time during the action; and kindly condescends to acknowledge, that he himself would have given the order, though he would not have used the terms, which he imputes to me. Without going into details, does not one circumstance appear singular? He is eminently intelligent and acute as you have witnessed. By what means has it happened that this gentleman in every representation he has made, till his cross-examination before the court, should have made an impression on others, which he himself now disclaims? By what rule of honour and propriety can it be explained, that he has always permitted his auditors to suppose, from his manner of representing this circumstance, that I was under the influence of so disgraceful a passion, when he himself did not believe it? Can that mind be properly constituted, which would not feel it a duty of essential justice, to correct those injudicious impressions, when he perceived they were made by his representations? This gentleman, considering his real shrewdness and intelligence, has indeed a wonderful faculty of communicating to others, an incorrect impression of his own opinions; and that too, when his auditors are not deficient in intelligence. To Mr. Elliot, Mr. Drayton, Mr. Wilson, Mr. Crump, and all of his brother midshipmen, he has contrived, in repeated conversations, to convey an opinion, in terms too, not very ambiguous, that one of the lieutenants had discovered a want of spirit during the attack, and had even sheltered himself behind the mast, but he, good soul, entertained no such opinion himself; and never meant that others should so understand him. When informed too, that constructions injudicious to Mr. Smith's had been put upon his remarks; instead of nobly and honourably correcting the erroneous impressions which they had drawn, he permits these erroneous impressions to remain; and in the unfeeling language of a calculating heart, recommends only the concealment of these opinions, for their own interest. It is not merely as to opinion, that he is misunderstood, but as to fact; for three witnesses have positively proved his statement of a fact, which he has denied on his examination.
This singular fact of being always misunderstood, is not to be imputed either to his own want of perspicuity; or the want of intelligence in his auditors—It may be more easily traced to that temper of mind (of all others most detestable in an unacknowledged youth) which dictated his admonition to Mr. Elliot and Mr. Crump. Great God, is the honour of an officer to be blasted by such evidence!—Acquitted as I am by himself of all the guilt, which this specification derives from it, I will not take the trouble to analyze his statement, to expose its singularity, its incongruities, and its contradictions, to the unquestioned representations of the other witnesses.
The Judge Advocate, to support his credit, introduced two seamen (to use his own terms) as "corroborative witnesses"—Now I cannot perceive, Sirs, how the testimony of one man, can be corroborated by that of others, unless there is a correspondence in the material parts of their statements. A diversity of statements in all the material parts, may produce the effect of making the testimony of each questionable; but can never corroborate the statements of either. Between these "corroborative witnesses" and Mr. Babet, there is, however, no one point of coincidence or contact; save only in their acquitting me of all unworthy conduct during the attack. The expressions they impute to me differ from his; and each differs from the other. The time and place, in which they represent them to have been used, are not those mentioned by him; nor do they themselves agree in those particulars. The circumstances which led to the observations, and the object of the remark have no point of resemblance with those stated by Mr. Babet, or with each other. Can rational men, by any system of sophistry be persuaded, that a man whose statement is questionable, on his own credit; ought to be implicitly relied on, because two other men have sworn that different words, were used, at a different time and place, under different circumstances, and for a different object, from those the first had represented?
I will take occasion here to remark, that if I was capable of enjoying an unmanly pleasure at the expense of the feelings of others, I have abundant cause. Five persons who preferred the charge

against me, have testified before you. One, the master, is convicted by his own testimony, of having neglected, during the attack, that duty which peculiarly belonged to him; while it is in proof that I, during the fire, gave orders to repair the damage, which he ought to have redressed. Another, lieutenant Smith, the only one of the many persons who saw me, during the attack, who has even insinuated any thing against my personal spirit (and on what slender circumstances he has done it, you have seen) has himself been the object of reproach and censure on that very point. Ought not his consciousness (if he is conscious) of the injustice done to his honour and spirit, by the inference derived from his position and conduct, to have restrained him from attempting to fix such a stigma on me, from the equivocal and trivial circumstance, which he has stated? A stigma, which he ought to have been less ready to attach to me; because it was opposed to his own representation of every other part of my conduct during the engagement.
The last offence with which I am charged is— “For not doing my utmost to take or destroy the Leopard, which it was my duty to encounter.” Under this head there are many specifications.
1st. “In that the said ship Leopard did fire upon the said frigate Chesapeake, and that the said James Barron did fail suitably to repel said attack.”
2d. “In that the said frigate Chesapeake was by order of the said James Barron surrendered to the said ship Leopard, at a time when the injuries sustained either on the frigate or her crew did not make such surrender then necessary.”
3d. “In that the flag of the said frigate Chesapeake was by order of the said James Barron struck to the said ship Leopard, when the guns of the said frigate Chesapeake were loaded.”
4th. “In that the flag of the said frigate Chesapeake was by order of the said James Barron struck to the said ship Leopard, at a time when the main deck battery of the said frigate Chesapeake was in a situation which would have enabled the return of a broadside in a very short time.”
5th. “In that the flag of the said frigate Chesapeake was by order of the said James Barron struck to the said ship Leopard, without the said James Barron’s having consulted any of his officers, as to whether the flag ought to be struck or not.”
6th. “In that the flag of the said frigate Chesapeake was by order of the said James Barron struck to the said ship Leopard, before a single gun of any kind was fired from the said frigate Chesapeake.”
The facts stated in these specifications are attenuated and subdivided, that it is impossible to reply to them separately; without diminishing the force of my defence, or subjecting you to the fatigue of repetitions—They may all be reduced to three heads.
1st. That more might have been done, to take, or destroy the Leopard after her attack, and before the surrender.
2d. That the surrender was not necessary, at the time when it was made.
3d. That the manner of surrender was improper.
I will not detain you, Sirs, to defend myself on the first head. If more could have been done than was done, to take or destroy the Leopard, after her attack and before the surrender, the censure cannot fall on me. All the witnesses state that, prior to the surrender, not one gun could have been fired, either from the main or quarter-deck batteries, for want of supplies from the magazine—If this representation be true, (and there is no reason to question it,) I stand acquitted on the first head. If false, it belongs to those who had the means of annoying the Leopard, but who failed to use them, to account for the omission. For the surrender itself I alone am responsible, if either in the time, or manner of making it, there is cause for reprehension.
In judging of the necessity of this measure, you must ascertain the relative situations of the two ships, at the moment it was adopted. If our situation was such as to furnish no hope of success, or escape; if it precluded the expectation of even annoying my antagonist; if it presented no prospect, but the wanton and certain destruction of the crew, (a destruction embittered by the denial of the means of retaliation,) there is not on earth one man of sound judgment, and correct heart, who will not declare that the surrender was proper—I address myself not to that man who speculating in safety on imaginary situations, spurns the dictates of reason and virtue; wickedly sports with the lives of his fellow beings; and, in the arrogance of imaginary heroism, proclaims that, in every case surrender is dishonour. I speak to him of true spirit, and pure intelligence, who discriminates between the idle and impracticable suggestions of false pride, and the manly and deliberate conclusions of genuine honour. The wisest and bravest men have yielded without dishonour. My conduct will, I hope, be tested by the honourable rules of real life; and not by the visionary standard of speculative quixotism.
It is admitted, that the Leopard was a two decked ship of sixty guns, of very superior weight to those of the Chesapeake—The Chesapeake, a single decked ship, mounting forty guns—The naval annals of the world furnish no instance of a capture, made by the smaller ship, in such a conflict. I mention this disparity not to justify the surrender; for such disparity of force can never, to a gallant officer, be a reason of yielding without a conflict. I mention it for the purpose of showing, that in the highest state of discipline success could not reasonably have been expected. How much this disparity would be increased, by a want of order and discipline in the crew, every man of judgment will at once perceive. My crew was destitute of all order, discipline, and skill. Captain Gordon who had been in command from February; whose duty I have proved it to have been, to accustom the men to their quarters, and the use of the guns; had omitted even to assign their stations, till a few days before we sailed, and had not once taught them to exercise the guns. Thus circumstanced, although my own honour and that of my country determined me to oppose to the last extremity a lawless demand; all impartial men will perceive that a surrender was finally inevitable. I am guilty, however, if it was premature.
If you are to judge, whether the surrender was necessary from the state of the ship at that moment; no man can condemn me. Whatever differences exist in the statements of the witnesses on other points; they all concur in declaring, that at that moment, they were not only unable to continue, but even to commence a fire. At that instant, there were neither matches, heated logger-heads, powder-horns, cartridges or wads, in any of the divisions; and in some, the guns themselves were not entirely
prepared. The only gun which was fired, is represented to have been discharged, after the orders were given to strike the flag, and then by a coal of fire in the fingers of an officer. At that time too, the hull and spars of the ship had suffered materially; twenty-three of the crew had been killed or wounded; and the residue were dispirited, and disheartened, not only by our known inferiority at the commencement of the attack, but by their sense of our entire inability to repel it. I say not this, Sirs, in disparagement of the valour of the crew. In the situation of the batteries, it is no imputation on their bravery, that they should have felt the full force of these considerations, which forced from them the declaration, that “they would not stand without any thing to do, like sheep to be shot at.”
It is proved by Mr. Elliott and Mr. Norton, that in lieutenants Crane and Creighton’s division, men not destitute of resolution, perceiving that for want of supplies from the magazine there were no means of firing on the Leopard, had some of them actually quitted their quarters, while others were lamenting the useless exposure of their lives. Our antagonist, meanwhile, greatly our superior at the commencement of the attack, was still uninjured, and flushed with the advantage she had acquired by our surprise. It has been insinuated, however, that though the actual state of the ship at the time of the surrender justified the measure; yet I cannot urge it, because it was not known to me. Strange perversion of reason and justice! Shall I not be permitted to justify the act, by urging the reasons which are admitted to have made it necessary, unless I open to you the sources of my information?—Be it so, however. And why is it insinuated that I did not know it? Because it is not proved that reports were made to me?—Weak and perverse insinuation!—And were there no other modes, but reports; from officers, by which I could ascertain the state of the ship? There were others, not less convincing and conclusive: others which led me to that opinion of her situation which the evidence has now established to be correct.
The Leopard, a two decked ship, of greatly superior force; within fifty or sixty yards, and on a smooth sea; had been for fifteen or twenty minutes maintaining an incessant fire. Her object was not concealed by any surrounding smoke from our guns; nor her aim distracted by any returning fire. Could an officer doubt the effect of such a fire, even if his eyes and ears had not given testimony!—In the effect of the first discharge, my aid and I had personally participated. One ball struck the hull just below my feet—Nothing short of absolute stupidity could have doubted the destructive effect of such a fire on the crew. Of the injury in the spars and rigging, my eyes bore witness. These were the means of information which led me to the conclusion which the testimony has proved to be correct. I had still better means of knowing that the state of the divisions was not such as to enable them to commence the action. Various statements have been given of the time and continuance of the attack. It will be found on examination and comparison of these statements, that it continued at least fifteen minutes. This delay itself informed me. My accusers themselves will acknowledge the justice of a conclusion; the only one which could explain the omission to fire, consistently with their honour. If the means of commencing a fire existed, the officers of divisions would have been mindful of what was due to themselves and their country; if they did not use those means. Let them decide, if their not firing did not justify the conclusion, that their divisions were not prepared to do so.
Of the want of powder, matches, logger-heads, cartridges and every means of discharging a gun, on the quarter deck; I had ocular evidence. These deficiencies, I not only observed, but as has been proved by Mr. Smith and Mr. Brooke, vainly endeavoured to supply. I could not doubt, that the same causes which left the quarter deck upprovided with every means of firing a gun, occasioned the delay on the gun deck.
The determination to strike the flag, was not however taken, till every means had been used to ascertain the state of preparation; and till every hope of repelling the attack had vanished. If it had been my design to surrender the ship, without a conflict, I should have done it immediately after the firing commenced. It is however in proof, that, after the firing commenced, I expressed to capt. Gordon my determination to defend her, to the last extremity. Capt. Gordon was dispatched to the gun deck to accelerate the preparations. How he executed that order he will not tell you; but it is proved by others that he was then informed by the officers of the 2d and 3d divisions, that they were destitute of all means of discharging the guns. He reported this to me on his return; as it was his duty to do. Afterwards he was again sent down with orders to get the guns to work. He will not inform you how he executed this second order; or what was the state of the gun deck, at that time. Other witnesses have however incontestably established the want of every means of discharging the guns at that time. Meanwhile, not relying on the exertions of those whose duty it was, to see that the quarter deck guns were supplied, I dispatched an officer to the magazine, who, after an ineffectual effort, returned without them. Walking to and fro on the quarter deck, and giving the necessary orders, I had from time to time hailed the gun deck to know if they were ready to fire. It is proved by Mr. Elliott, that he reported to me, that his division was not prepared; and that a similar reply was made from the 2d division. Of those who heard no such report none pretend, that to these enquiries any reply was made, authorizing a belief that the ship would shortly be prepared. When Captain Gordon, in execution of the last order, had been absent for at least five minutes (as appears from the testimony of several witnesses;) finding, that not one gun had been discharged, I lost all hope of being able to retaliate on the enemy. Escape was then impossible. No other alternative presented itself, but to sacrifice the lives of my crew; or to surrender. I adopted the latter. Captain Hall was ordered to go on the gun deck, and to endeavour to have one gun fired before the surrender. When time had been allowed to execute the order, the colours were struck—the gun was not fired, till a moment afterwards; because there were neither matches, or heated logger-heads in the division; and it was necessary to get a coal of fire from the galley to discharge it.
The framers of these charges, conscious that the state of the ship at the moment of the surrender, justified the act; proposes however to go beyond that period; and represents, that in a short time afterwards she would have been prepared to repel the attack. I cannot perceive the justice of that
mode of enquiry, which proposes to ascertain the propriety of this measure, not by the actual state of things, at the moment it was adopted; but by their conjectural state, at a future period. I am willing however, that even this course should be pursued.
From the crippled state of the ship at that time no one can doubt, that our eventual capture was then inevitable. Every one will see, that many valuable lives would certainly have been sacrificed, by the suspension of this measure. This consideration, however, is not enough to justify the surrender, at that moment; if any thing was to be hoped from its suspension. Can any man perceive the slightest foundation for such a hope?
Before I proceed, I must pray you to be guarded against the inference, which might at first view be drawn from the answer to a general question, which, nearly in the same words has been put to several of the witnesses. The question is this—“Were the injuries sustained at that time, such as to make the surrender necessary?” The question has been propounded in such a form; that a negative answer would convey to a superficial observer the impression, that in the opinion of the witness, the surrender was not then necessary. It really however conveys only the idea, that “the injuries sustained,” did not make a surrender necessary; without expressing any opinion, as to the necessity occasioned by the want of means to discharge the guns; or to keep up a fire. The surrender has not been justified, merely on the ground that the “injuries then sustained” required it. That consideration indeed had some force; but the great and substantial motive, was the total inability to resist. You will perceive the greater necessity of this structure, from recollecting; that captain Gordon, who readily gave a negative answer to that question, when propounded by the judge advocate; refused to say, on his cross-examination, whether, from his present knowledge of facts, he did not believe the surrender then necessary. Judge however for yourselves from the facts proved, what would have been gained by suspending the surrender. On the quarter deck it is proved, that, notwithstanding repeated applications to the magazine, there were at no time, either before or after the surrender, matches, logger-heads, powder-horns, cartridges, or wads; and that few or none of the guns, had been furnished, with rammers or sponges.
On the gun deck, repeated ineffectual applications had been made for these articles. Immediately after the order to surrender some were received. What however was the extent of the supply? In the 3d division, several powder-horns had been received. Such was the confusion and neglect in the gunner’s department, that of these only one contained powder; and that was but partly filled—Not a match was primed, or secured in the listocks, not a logger-head sufficiently heated to discharge a gun; not a cartridge had been applied for, or issued from the magazine. The other divisions were in a similar situation—Possibly, in the course of some minutes, by such means as had been used by lieutenant Allen, some of the guns, loaded before we sailed, might have been discharged. All the witnesses admit, that there were no means of reloading and continuing the fire. Is the effect to be expressed from such a partial discharge, (if I had known even that degree of preparation,) sufficient to justify you, in saying, that the surrender was unnecessary.
But, Sirs, if you will go beyond the moment of surrender, in order to ascertain the probability of the ship’s being soon in a situation to repel the attack, you will certainly view the probabilities on both sides; you will attend to those circumstances which rendered it improbable; as well as those of a contrary tendency. If you do this, there is one consideration alone, which to you, who are acquainted with the effects of discipline, will be decisive. It is almost impossible, even with the bravest and best disciplined crew, to bring your men to quarters, under the fire even of an inferior enemy. Can it then be believed, that a crew unaccustomed to duty; ignorant many of them of their stations; never exercised at their guns; who, to all the distinguishing effects resulting from conscious want of skill had superadded the knowledge of a great inferiority at the commencement of the attack, and a much injury during the fire; a crew many of whom are represented to have been, at the moment of the surrender, disheartened and depressed—can it be believed, I say, that such a crew, under such circumstances, could have furnished a hope either of resistance or conquest? And if they had furnished a hope of either, did the state of the guns and magazine, as now detailed to you, promise to realize it? If you pass your views, beyond the moment of the surrender; these considerations present themselves; and disprove the assertion, that any thing could have been gained, by postponing the surrender.
That my flag was struck, without consultation, is true. I knew no rule, which imposes on a commander the obligation of consulting his inferior officers on such occasions. The best officers have certainly done so, on many occasions. More instances have occurred in which this measure has been resorted to, to shelter an officer from responsibility. There are however occasions, in which it would be criminal to do it. This was one. What deliberation or decision could have been expected, under such circumstances? If I had drawn off my officers from their duty to consult them on this subject; I should have merited punishment, for employing in consultation, those precious moments, which should have been wholly devoted to active exertion for expediting our preparations; and I have no doubt, if I had pursued that course, that I should this day have to defend myself for doing that; which it is impudent to me as a crime, not to have done. I deemed it my duty not to draw them from their divisions, for so idle a purpose; but leaving them to employ all their exertions for the great purpose of resistance, to suspend the surrender till all hope had fled.
I have said nothing, Sirs, on the law applicable to these charges. It is to avert censure, not punishment, that I am solicitous.
To an honourable mind reproach is more terrible than death. The remarks with which I shall trouble you on that head, are not designed to exonerate the penalty of transgression. They are solely intended to show, that no transgression can be affixed on me; without perverting the law, which I am supposed to have violated, from its true import and meaning.
This first charge is bottomed on my supposed responsibility for duties, which I have demonstrated to have been performed exclusively by Captain Gordon.
The offence, imputed to me by the 2d charge, is supposed to be embraced within the fourth article of the rules for the government of the navy. The article certainly contains the expression; “every commander who shall, on the probability of an engagement, neglect to clear his ship to action, shall suffer death; or such other punishment as a court martial shall adjudge.” But these expressions are not found, in the order, in which I have presented them. They are intermingled with other provisions, in the same clause; and must be considered, in connection with these provisions, to ascertain their true import. There are also other clauses, in the same article, relative to the same subject. These also are to be considered, as determining the true construction of this particular clause. No rule is more deeply rooted, both in legal science, and sound sense, than that which enjoins on the expounders of a particular provision, to take a view of the whole law, to fix its construction. If this is just and settled rules of construction be regarded, it is impossible to believe, that the terms, which I have mentioned, as the foundation of the 2d charge; can be applicable to me, in the situation in which the United States and Great Britain were on the 22d of June last.
You will remark, Sirs, that the article contains three classes of offences, or different grades, and subject to different degrees of punishment. “For the offences of one of these classes, the punishment is such, as a court martial shall adjudge.” The power of inflicting death, not being expressly given, it is well settled, that this discretionary power does not extend to the infliction of capital punishment. For another class of these offences, the offender shall “suffer death, or such other punishment as the court shall adjudge.” The court may, in these cases, inflict death; but have the power to impose a slighter punishment; according to the circumstances of the offence. For the 3d class of offences, the offender “shall suffer death, on conviction thereof by a general court martial.”—No discretion exists. The only atonement is death.
In this gradation of punishment, is obviously displayed the legislative gradation of guilt. It cannot be doubted, that the legislature meant by these three provisions, to proportion the punishment according to their estimate of culpability. To suppose, that they designed to inflict the greater punishment on the minor offence; is to impute to them a perversion of the first, and most obvious principles of criminal jurisprudence. Yet this must be imputed to them against the palpable internal evidence of these provisions, to comprehend me within the terms, which I have quoted.
The offence of “neglecting to clear for action on the probability of an engagement,” though, in the structure of the sentence, it is contained in the first clause; is yet, in the second class of offences. The punishment is “death, or such other as a court martial may adjudge.” This offence is therefore one of superior guilt, in the legislative scale, to that contained in the next clause; in which the court martial cannot inflict a capital punishment.
The offence of the lowest grade, for which the court cannot inflict death, is thus described in the law—“Any officer neglecting, in sight of any vessel or vessels of an enemy, to clear his ship for action, shall suffer such punishment as a court martial shall adjudge.” This law, you will remark, does not adopt the absurd idea, which has been advanced, that in sight of an armed ship, known to be friendly, it is the duty of a commanding officer to clear for action; but is expressly confined to enemy’s ships. In a state of war, in sight of an enemy’s ship, an engagement is not only probable; but almost certain. It is the duty of a commander to seek it; if his force be adequate. His adversary will seek it, if it be inadequate. Yet, in such circumstances, the neglect is not punishable with death; but with some inferior penalty, in the discretion of the court.
If the United States and Great Britain had been at open war, and I had omitted to clear for action, in sight of the Leopard, knowing her to belong to Great Britain; you could not have inflicted death. Is it not an outrage on a reason and justice to say, that such an omission, in a time of profound peace, may be punished with death?—Yet such a punishment it is in your power to inflict, if the charge supposes, the law extends to my case.
Allow me to present this subject, is another aspect. The clause which contains the provision, supposed to embrace my case is in these words:—“Every commander, or other officer, who shall upon signal for battle, or on the probability of an engagement, neglect to clear his ship for action, or shall not use his utmost exertions to bring his ship into battle; or shall fail to encourage in his own person the inferior officers and men, to fight courageously, such officer shall suffer death, or such other punishment as a court martial shall adjudge.” The last sentence is in these words—“And if any person in the navy shall treacherously yield or pusillanimously cry for quarters, he shall suffer death, on conviction thereof by a court martial.”
Now it is obvious, that these provisions, together with that before quoted, contemplate the whole transaction, from the first and most remote prospect of action; till the conclusion of the combat. The different clauses contemplate the intermediate steps of the same transaction; and mark out the successive offences which may be committed. They reflect the slightest punishment, on the more distant from the actual combat; because they are of less eventual injury. They inflict death, for those which occur, in the moment of conflict, because in most instances they are irremediable. The officer is to have his “ship cleared for action.” Why?—Certainly, that he may be in a situation to comply with the next requisition in the clause, to wit: “use his utmost exertions to bring his ship to battle.” The neglect to clear for action can therefore be criminal under the law only in those cases; in which when cleared, it would be the duty of the officer to “use his utmost exertions to bring his ship to battle.”
Was this my duty with the Leopard? My duty was defence; not attack: resistance, not assault. It was my duty to use my utmost exertions to keep my ship out of battle; not to bring her “to battle” with the ship of a friendly power. Nor did that obligation cease till the attack commenced. This injunction to clear for action on the probability of an engagement; taken in connection with the clause directing the preparations to be made, on sight of an enemy; and with the other clause, which defines the purposes for which she is to be cleared, to wit “th t the officer may use his utmost exertions to bring his ship to battle,” must obviously presuppose a state of war; an engagement with an avowed enemy; and not a casual and unforeseen encounter with an acknowledged friend. You must be satisfied, that the case was within the contemplation of this law before you apply it. It is not an absurdity in itself to extend these provisions to a case, which the legislature could never presume would occur; and in fact never had occurred till the 22d June. As reasonably might it be expected to find laws for the punishment of theft, in the code of a nation to whom property was unknown.
Yet, under this law applicable only to a state of war, am I raised in a time of profound peace; for an occurrence unexampled in the history of nations.
The fourth charge has for its foundation, the sixth article of the naval regulations—It is in these words—“Every officer or private who shall through cowardice, negligence, or disaffection, in time of action, withdraw from, or keep out of battle, or shall not do his utmost to take or destroy every vessel which it shall be his duty to encounter; or shall not do his utmost endeavour to afford relief to ships belonging to the United States, every such offender shall, on conviction thereof by a general court-martial, suffer death, or such other punishment as the said court shall adjudge.”
That it was my duty to destroy the Leopard, if practicable, after her attack, I admit. But this duty resulted from the great principle of natural and national law, which authorizes the destruction of an assailant, attempting to enforce an unjust demand; and not from the ignoble provisions of this act. Can any mind not entirely destitute of reflection believe, that this act, which makes it criminal “to keep out of battle,” which requires an officer to seek and “encounter;” which enjoins him “to take,” can be applicable to my situation?—In the relative situations of the United States and Great Britain, till a blow was given, it was my duty to “keep out of battle;” to avoid a conflict; not to “seek it.” And if the fortune of war had given us a victory, could I “take” the Leopard in conformity with its provisions?—If I had authority to “take” her she would have been a prize, her crew prisoners. Yet these terms necessarily imply a state of war between the two nations. It is a solecism in language and ideas to speak of capture and prisoners in a moment of peace. I pray you, Sirs, mistake not the object of these remarks—I have fortitude to meet death but not reproach. They are solely designed to show that this event, which this charge supposes probable; was so improbable, that it has never yet been within legislative contemplation; and at this day, nothing but a perversion of the law can embrace it.
I have, Sirs, but a few words more to add—My destiny is in your hands—My life, my honour the sole patrimony which ten years of service enable me to bestow on my posterity hang on your decision—I wait that decision with the solicitude which these great considerations ought to inspire. Of one blessing I can never be deprived; a mind free from self-reproach, and unconscious of offence against the duties of my station, or the honour of my country.
MRS. SUSANNA HALL,
Having taken that airy and pleasant House in Martin’s Lane, nearly opposite the Exchange, formerly occupied by Mr. Thomas Gibbons, will be glad to accommodate a few genteel boarders by the year, month, or week, on moderate terms.
June 13.
1aw5t*
For Cash or Discountable Paper, 20 pipes 4th proof French Brandy, entitled to debenture,
5 hogheads and 5 barrels Loaf Sugar, 1 tierce and 5 barrels Green Coffee, 20 hogheads Muscovado Sugars, 10 puncheons N. E. Rum.
Christopher Fry.
June 13
if
Landing at Southgate and Dickson’s wharf, from the thi. Fame, from Jamaica, and for Sale,
86 puncheons choice 4th proof Rum,
20 hogheads do. Molasses, 4 casks Guiger; 18 bags Pimento.
William Dickson.
June 13.
if
William and Mary College.
The Visitors of William and Mary College are reminded that the semi-annual examination of the Students and Grammar Boys will commence on the 28th day of June. Frequent attempts to obtain a meeting have heretofore failed in consequence of some of the members not finding it convenient to attend. This not only augments the labour of those who make it convenient, but the interests of the College are neglected.
S. TYLER, Rector.
Williamsburg, May 30.
4
Received per Ship Fame, 13 puncheons Jamaica RUM, 6 do fine retaining Molasses,
For Sale by Wilson, Cunningham, & Co.
June 13.
if

THE PUBLICK LEDGER.
MONDAY EVENING, JUNE 13, 1808.
The following interesting communication was received this morning from our correspondent at Baltimore; dated June 9:
"NEW YORK, Tuesday June 7.
"The Liverpool Packet, Parsons, arrived this morning from Liverpool, which place he left on the 27th April, brings London dates 5 days later than before received.
"Mr. Rose had arrived in the Statira. Mr. Nourse in the Osage had not reached England, nor had any thing direct been received from him by our minister in London, although the Osage had been in France about 30 days.
"Left Ships Brutus and Latona for New York, next day; ship American, Brown, for do. in 2 days. Sailed in company with the ship Robert for Philadelphia. Spoke nothing.
"ATTACK UPON THE BRITISH.
"Since putting my letter in the post office the following has been received.
"MONTREAL, May 28.
"The boats of the Michilimackinac Company, under the sanction of the permanent articles of the treaty of 1794, and the special provisions of a late act of Congress respecting Indian trade, were proceeding to their ulterior destination by the accustomed route along the shore of the Ontario, when, as they were doubling the point to cross over to the British side, as usual with cargoes here laden for the Indian trade, the COLLECTOR at Niagara, aided by the TROOPS OF THE GARRISON, fired upon the boats, brought them back, seized the goods and turned the crews adrift without provisions. Some of the bullets even reached British Niagara.
"A representation of the outrage has been forwarded to the government of the United States by express."
The Chesapeake Frigate yesterday went down to Cray Island. We understand that she will sail on a cruise during the present week. We have not understood that the men supplied the Argus and the Gun Boats, from this frigate, have been replaced, in which case she will be nearly 100 men short of her compliment.
At Charleston the coasting trade is on the same footing as formerly. Some difficulty occasioned by the commanding officer of the Hornet stopping a coaster, was removed upon the decision of the court being made known to him.
The Charleston Courier states that the masters of the ships in that port bound to the northward, find great difficulty in procuring seamen. The embargo, and consequent want of employ have driven them out of the country.
The National Intelligencer of Wednesday contains a laboured defence of the embargo, and the executive measures taken to enforce it. We expect the writer of that article will feel very queer, when the decision of the Federal Court of South Carolina reaches him.
We have seldom, if ever experienced greater satisfaction in the publication of any information, than we do in publishing the proceedings of the Federal Circuit Court for the district of South Carolina. The importance and value of an independent judiciary to control the arbitrary or mistaken construction of the laws, by executive officers, cannot be appreciated too highly. We beseech the reader to reflect upon this subject seriously, and view with more than ordinary suspicion, the man who is hostile to an independent judiciary. Let it not be said, that the judges are Federalists, and enemies of the present administration. Judge Johnson was appointed by Mr. Jefferson and proves from this act that he is worthy of the appointment.
This decision we expect will be the destruction of the privileged merchants and special licensees, unknown, till now, under a government like ours.
While upon this subject, we will render justice where it is due—The Democratick papers (to our knowledge) have not defended Mr. Jefferson's embargo rescripts, indulgencies, &c.—These papers are silent, but whether from a conviction that those measures were wrong, or that as Mr. Jefferson intends so soon to retire from office, that it is not necessary to flatter him, we undertake not to determine. Charles the fifth after resigning his dominions to his son Philip found in the neglect of the courtiers that "he was no longer a king," they worshipped the new king, the rising and not the setting sun.—So Mr. Jefferson will want defenders for his measures, as his term of service approaches its end.
NORFOLK AND PORTSMOUTH RACES commenced over the New Course, between the two bridges on Monday last.
First Day, mile heats, proprietors of the course to put up 25 dollars, entrance 5 dollars, weights for each horse, &c. fixed by agreement.
Table with 3 columns: Horse Name, Weight, Odds. Includes entries for M. Herbert's g. g. carrying 90 lb., J. Godwin's br. m., T. Nicholson's g. g., T. R. Ingram's b. m., C. Poindexter's ch. g.
Second Day—four mile heats—Purse 400 dollars—entrance 30 dollars—weights as at New-Market.
Table with 3 columns: Horse Name, Weight, Odds. Includes entries for W. Wilson's s. g. Whiskey by Bedford, aged, 2 1 1; R. Wormley's b. h. Sir Peter by Knowsley, 5 years, 1 2 dr.
Third Day—the Ladies' Purse of 100 dollars—mile heats—carrying each a feather—the winner to win three heats—distance stand 90 yards.
Table with 3 columns: Horse Name, Weight, Odds. Includes entries for W. Wynn's b. g. Farmer, aged, 1 1 1; J. Godwin's b. g. Stranger, by Alderman, 6 years, 3 4 2.
Fourth Day, a Purse of 200 dollars—2 mile heats, entrance 20 dollars.
Table with 3 columns: Horse Name, Weight, Odds. Includes entries for W. Wynn's b. h. Gallatin, by diomed, 4 years old, 2 1; R. Wormley's s. h. Stump-the-Dealer, by Diomed, 5 years, 1 dis.
Fifth Day, a sweepstake for 4 years old—mile heats, entrance 50 dollars, and 25 to be added by the proprietors of the course.
Table with 3 columns: Horse Name, Weight, Odds. Includes entries for R. H. Cocke's b. h. Mac Bedford, by Bedford 1 1; Col. B. Smith's s. m. Dragonia, by Dragon 2 2.
Boston, June 3.
PATRIOTICK RESOLUTIONS.
The meeting of the two houses to qualify the governor and lieutenant governor, having interfered with the time assigned for taking into consideration the resolutions offered on Friday by Mr. Wheaton; the order of the day thereon was called for immediately after the houses separated. Some of the opposition declared their unreadiness to meet the subject:—Others candidly declared that their object was to embarrass the resolutions as much as possible, and for this purpose kept moving for postponements of the subject—to adjourn, and to call for the yeas and nays. In this way the time was wasted until the usual hour of adjournment; when the subject was referred for 4 o'clock.
At 4 o'clock, the system of embarrassment was resumed, and motions to postpone the subject, and to call for the yeas and nays on even questions of adjournment were repeated and repeated. In this fair and honorable manner the time wasted until past 6 o'clock, when the house adjourned until 9 o'clock to-morrow (Wednesday) morning.
WEDNESDAY, June 1.
As soon as the house met, the consideration of the resolutions offered by Mr. Wheaton, on Friday, was entered into and debate ensued, which continued, with great animation, through the day. It was opened by Dea. Goodwin, of Charlestown, against the adoption of the resolution. Mr. Wheaton, of Norton, defended it, in a speech of considerable length. He was followed by Mr. Adams, of Portland, in favour of the resolution, in maiden speech. Mr. Bangs, in a desultory speech of fifty-five minutes, followed, against the resolution. Mr. Baylies, of Bridgewater, defended the resolution in a short speech. Capt. Martin, of Marblehead, spoke about the resolution, and made some assertions respecting fish, which were answered by Mr. Sargent, of Boston. Colonel Thatcher then went into a full discussion of the subject, and advocated the measure. The house then adjourned for the forenoon. At three o'clock, Mr. Ripley, of Winslow, took the word, and in a speech of an hour's length, opposed the resolution. He was replied to by Mr. Whitman, in a speech of 30 minutes. Mr. Morton then went into a defence of the administration, and opposition of the resolutions, for 37 minutes. He was followed by Mr. Gore, of Boston, who in as able and learned a speech as was ever delivered within the state house walls, went into a full examination and defence of the resolution, and a reply to the observations of the gentleman opposed to it. He spoke an hour and twenty-five minutes. A postponement was then moved; and on an observation of Mr. Story, that his state of health would not allow him to make that evening the remarks he had proposed; an adjournment took place to this morning (Thursday) 9 o'clock.
THURSDAY, June 2.
The house resumed the discussion of Mr. Wheaton's resolutions. Mr. Story spoke above two hours, in favour of certain parts and against others. After a few desultory remarks, the vote was taken, and the resolutions carried, 247 yeas; 219 nays. Majority, 28.
COUNSELLORS.
The senate and house assembled in convention, made choice of the hon. David Cobb, John Coffin Jones, George Cabot, Artemas Ward, Benjamin Pickman, jun. Prentiss Mellen, Oliver Fisk, Ephraim Spooner, Thomas Dwight, as counsellors, in the room of the gentlemen previously chosen, who had declined.
FEDERAL SENATOR.
The house proceeded to ballot for a senator, to represent this state in the congress of the U. States. The whole number of votes 462. The federal candidate, the hon. James Lloyd, jun. had 248 votes. The Democratick candidate, the hon. John Quincy Adams had 213; votes one scattering. Sent up for concurrence.
By the Lewis-Town Packet, we learn, that the ship Cicero, Head, in 27 days from the Isle of Wight had arrived off our capes with London advices to the 27th April: our informant saw a paper of the 26th advising of the arrival in England of the Statira frigate with Mr. Rose on board.
PHILADELPHIA, June 7.
By the Lewis-Town Packet, we learn, that the ship Cicero, Head, in 27 days from the Isle of Wight had arrived off our capes with London advices to the 27th April: our informant saw a paper of the 26th advising of the arrival in England of the Statira frigate with Mr. Rose on board.
Extract of a letter from Kingston, Jam. dated 26th April.
"The ship Fanny, of New-York, is at Falmouth, but will not be allowed to take away any produce, as she came in ballast. I heard the collector of this custom-house say so, and that she was liable to seizure."
BALTIMORE, June 7.
IMPORTANT! The following information was laid before the Under-writers this day, by a respectable Merchant of this city.
"That by the French Emperor's special order of 27th January last, emanating from himself, not otherwise made known at Hamburg, than by a verbal message from the French Custom-House there to the consignee of the ship Juniata, of this port, about the 15th of March, the cargo of this ship, WITH OTHERS IN A SIMILAR PREDICAMENT, WAS DEFINITELY CONFISCATED, and the greater part of it ordered to be transported by land to Paris, to be sold there for consumption. And the tribunal of prizes was ordered not to take cognizance of any claims for these cargoes."
CHARLESTON, May 30.
The following highly important case in the Federal Circuit Court, will be read with the deepest interest; we have never witnessed a decision which gave such general satisfaction. It restores to commerce the little business which the embargo acts have left us, and has given new life to the merchants engaged in an honest and lawful trade. It affords another memorable example of the necessity of an independent judiciary, who will give to the law its legal explanation. By this decision coasting vessels, will be permitted to carry Rice out of the state, as usual.
Courier.
Ex parte ADAM GILCHRIST, & others, vs. The Collector of the Port of Charleston. In the Federal Circuit Court, May 23, 1808, before Judges JOHNSON and BEE.
A motion was made by Mr. WARD for rule on the collector to show cause why a mandamus should not be issued against him, to compel the granting of clearances for the ship Recourse, Moreton; ship Two Pollies, Wilder; ship Navigator, Bowden; ship Rising States, Anderson, and ship Louisa Cecilia, Fowler, founded on the following affidavit: "Adam Gilchrist, and J. S. Barker, of Charleston, merchants, being severally sworn according to law, deposeth, That the American registered ship Resource, arrived from a foreign voyage in the port of Charleston about six months since, owned one half by the deponent, J. S. Barker, residing in Charleston, and the other half by American citizens residing in Baltimore; That the deponent representing the owners aforesaid, apprehensive that the bottom of the ship might, by her being detained here during the embargo, be totally destroyed by worms, did for that reason determine on sending her to Baltimore and regularly advertised for freight to said port of Baltimore; That having obtained the promise and actually engaged the freight of about six hundred bales of cotton, it became requisite to ship either ballast or heavy freight, so as to enable the said ship to be navigated with safety; That ballast not being obtainable, these deponents, about three weeks since, agreed to carry to Baltimore about two hundred barrels of rice, freight free, and that the same was shipped by permit from the custom house, and under the inspection of a revenue officer about two weeks since, that on application for a clearance of the said ship and her cargo to Simeon Theus, collector of the port of Charleston, duly commissioned and authorized to exercise and perform the duties of said public office of collector of the port aforesaid, he hath refused to grant a clearance for said vessel and cargo—alleging that altho' he has no suspicion, that the clearance demanded is to cover an ostensible voyage to Baltimore, or to infringe or evade the existing laws, relative to the embargo, and although he admits that the said ship was laden previous to his receipt of the act of congress, respecting the embargo, under the date of the 25th April ult. yet that he is bound to refuse such clearance, under the directions of the executive of the United States, which he conceives he is bound to obey; That these deponents have just right under the law to obtain from said Simeon Theus, collector as aforesaid, the clearance so withheld and refused to be granted."
ADAM GILCHRIST. J. SANFORD BARKER.
Sworn to before me this 24th of May 1808 John Ward Q. U.
Upon the return of the rule the Defendant shewed the following cause:
UNITED STATES, South Carolina Dist. Federal Circuit Court.
Ex parte
vs. Simeon Theus, Esq. Collector of the Port of Charleston.
Simeon Theus, collector of the port aforesaid, on whom a copy of the above rule has been served for cause, showeth:
"That, in and by, a certain act of congress of the said United States, passed the 25th day of April, 1808 it is, in the 11th sect. thereof, amongst other things, enacted: "that the collectors of the customs be, and they are hereby respectively authorized, to detain any vessel or vessels bound with a cargo to some other port of the United States, whenever, in their opinion, the intention is to violate or evade any provisions of the acts laying an embargo, until the decision of the President of the United States, be had thereupon." Also, that in, and by, a certain circular letter from the treasury department of the United States, dated the 6th of May, 1808, and addressed to the said Simeon Theus, as collector as aforesaid, he is instructed as follows: [Here follows the circular instructions of Mr. Gallatin, inserted in the Ledger of the 15th inst.] That the said Simeon Theus, collector as aforesaid, doth not detain the vessels aforesaid, under the act aforesaid, because, in his opinion, there is no intention in the parties aforesaid, to violate or evade any of the provisions of the acts laying an embargo, but that he detains them under the instructions which he has received in the letter aforesaid, and which as a publick officer he thinks he is bound to obey: That being unwilling, on the one hand, to injure individuals; and, on the other, equally so, to commit a breach of his duty, he submits the question to the court, upon the cause above shown.
SIMEON THEUS, Collector." The case was then submitted without argument. Judge JOHNSON delivered the following opinion of the court.
"The affidavit, upon which this motion is founded, states, that the ship Resource, is ballasted with 140 barrels of rice, under a load of cotton, and is destined for the port of Baltimore. The collector, in his return to the rule, acknowledges, that he believes the port of Baltimore to be her real destination, and that, if he had no other rule of conduct, but the 11th section of the act supplementary to the embargo act, he would not detain her; but urges in excuse, for refusing her a clearance, a letter from the secretary of the treasury. It is not denied that if the petitioners be legally entitled to a clearance, this court may interpose its authority, by the writ of mandamus, to compel the collector to grant it.—The only questions, therefore, will be, whether the sanction of the act alluded to, authorizes the detention of the vessel, and, if it does not, whether the instructions of the president, through the secretary of the treasury, supported by an act of the congress, will justify the collector in that detention. On the latter question there can be no doubt. The officers of our government, from the highest to the lowest are equally subjected to legal restraint, and it is confidently believed that all of them feel themselves equally incapable, as well from law as inclination, to attempt an unsanctioned encroachment upon individual liberty. In the letter alluded to, Mr. Gallatin speaks only in the language of recommendation, not of command; at the utmost the collector could only plead the influence of advice, and not the authority of the treasury department in his justification.
"In the act of congress there is no ambiguity. The object is to prevent evasions of the embargo act, by vessels which sail ostensibly for some port in the United States, when their real destination is to some other port or place. The granting of clearances is left absolutely at the discretion of the collector; the right of detaining in cases which excite suspicion is given him, with a reference to the will of the executive. Congress might have vested this discretion in the President, the secretary of the treasury, or any other officer, in whom they thought proper to vest it; but having vested the right of granting or refusing in the collector, with an appeal to the President, only in case of refusal—the right of granting clearances remains in him unimpaired and unrestricted.
"It does not appear to me that the instructions from the treasury department, are intended to reach this case. The recommendation not to grant clearances on shipments of provisions appears by the context to be restricted by two provisos, evidently pointed at by the reasons assigned for that recommendation. First, it intended for a place where they are not wanted for consumption, or we suppose, where supplies of the same article can be had from the state or neighbourhood in which such place is situated. Secondly, for a port which usually exports that article. Now with regard to the article of rice, it is impossible to say how much the city of Baltimore will want for its consumption, as they have no internal supplies, as the three southern states alone are exporters of that article, shipments of rice from Baltimore to Charleston might create suspicion, but not such shipments from Charleston to Baltimore. We are of opinion that the act of congress does not authorize the detention of this vessel. That without the sanction of law, the collector is not justified, by the instructions of the executive, in increasing restraints upon commerce, even if this case had been contemplated by the letter alluded to, but that from a temperate consideration of that letter, this case does not appear to come within the spirit and meaning of the instructions which it contains."
A Mandamus was ordered accordingly, commanding the Collector to grant a clearance to the Resource.
WIG-WAM GARDENS
Will open on Wednesday Night, with the Fort Band, with
Fire-Works and Illuminations,
1. A Horizontal Running Piece, crowned with Chinese Fire, Sheaves, bearing in its centre a letter of Roman Candles. 2. A Brilliant Sun, various in shapes and colours, which will stop entirely without any appearance of fire, and will resume its rotation again. 3. A Running Vertical Piece, bearing in its centre three Rings, blue, red, and white. 4. Two Raws of B. B. plants, changing into the Battle of the four Butte flies, their different shapes and rotations.
ICE CREAMS, &c.—Admittance Fifty Cents. June 13 2
On Wednesday next, 15th instant, at 10 o'clock, will be sold at my office,
10 hogheads RUM,
12 do. London particular Madeira Wine, 3 pipes Port do. 30 boxes Mould Candles.
June 13 S. Marks, Jun. 1
On Friday next, at 10 o'clock, will be Sold without reserve, at the Store next to Mr. W. B. Lamb's,
A quantity of seasonable Dry Goods.
S. Marks, Jun. 2
June 13
FOR BOSTON,
The Schooner RELIANCE; will sail in all this week, can take two hundred barrels on freight. Apply to Jacob Walker.
June 13
FOR BOSTON,
The Schooner JANE, John Hedge, master, will sail in fifteen days for freight or passage, apply to the master on S. and at Campbell's wharf, or
June 13 Martin Fisk. 3

Will be Sold at Publick Auction, on THURSDAY the 16th instant, at 12 o'Clock, A HOUSE on the east side of Commerce-Street —This House is the second from the corner below Little Water-Street. Terms and conditions will be made known on the day of sale, by JAMES TUCKER. June 3.
In pursuance of the power and authority to us given, under and by virtue of a Deed of Trust bearing date on the 6th day of September, 1806, whereby Allen Gorman conveys certain property therein mentioned for the purpose of securing the payment of a debt therein mentioned unto Phoebe Dana, his executors, administrators, or assigns,
WILL BE SOLD, On Tuesday the 14th instant, at Publick Auction, at the Exchange Coffee-House, to the highest bidder, for ready money, the unexpired term of years in one equal undivided moiety or half part of
A LOT OF LAND, Situate, lying, and being in the Borough of Norfolk, on the south side of Union-street, and bounded as followeth, to wit: beginning on the south side of Union-street aforesaid, at the corner of the Lot now belonging to Richard Evans Lee, and running thence eastwardly along the said street 84 feet more or less, to a lane which separates the said lot from the publick lot whereon the Court-House now stands; thence southerly along the said lane to the channel of Elizabeth River; thence westwardly along the said channel to Richard Evans Lee's line; and thence northwardly along the said line to the beginning. The whole of which said Lot was leased by Dr. James Taylor unto the said Allen Gorman, for a term of twenty years, to be computed from the first day of January, 1807, which said term is by the indenture of lease to be renewed forever thereafter as the same expires, upon certain conditions in the said indenture of lease expressed, and which will be declared on the day of sale. The other undivided moiety of this Lot is now the property of the said Phoebe Dana's administrator.
The sale will take place at 12 o'Clock on the day above stated.
THE TRUSTEES. June 3.
LABOURERS WANTING.
The President and Directors of the Diernal Swamp Canal Company want to hire for the ensuing season, a number of Hands to work on the Canal; they will be provided with good wholesome food, and the usual quantity of whiskey per diem—liberal wages will be given, and their wages paid at the end of every month. Apply to Richard Blow, William Cannack, or Samuel Proctor, Overseer. May 6.
LANDING From on board the Swedish Sloop African, captain Portelly, from St. Bartholomews,
4800 HIDES, Spanish, 10 tierces fine Green Mergalante COFFEE, 15 seurons Florent INDIGO—For Sale by Wilson, Cunningham, & Co.
IN STORE, 10,000 wt. good COFFEE, 18 hogsheads good 2d quality SUGAR, 10 do. N. E. RUM. May 27.
ICE-CREAMS.
The Subscriber begs leave to inform the Ladies and Gentlemen of Norfolk and Portsmouth, that he has begun to make ICE-CREAMS in various shapes, which he will sell for the moderate price of nine pence during the season, at his house No. 30, Church-street, where he has a neat place for the reception of private parties; and for convenience, he will send out with care and punctuality according to the orders he will receive.
Also, Cordials, Syrups, and Cakes. J. DENIS. June 1.
Notice to Shipwrights and others.
British Consul's Office, Norfolk, 3d June, 1808. His Britannick Majesty's Consul is desirous to treat with such persons who may be inclined to undertake, by contract, to launch into deep water, and to convey to this harbour his majesty's cutter Zenobia, stranded on the beach to the southward of Cape Henry, and further to engage by contract, afterwards to repair the said cutter at Norfolk, so that she may be in a proper condition to proceed from hence to Halifax or Bermuda.
Persons who may be willing (after having seen the situation of the cutter) to enter into a contract for the purposes abovenamed, are requested to send their proposals in writing, sealed up and addressed to the consul, on or before the 20th instant. The contractor will be required to find security for the due performance of his contract.
FOR SALE, Or will be bartered in part for Tobacco, 78 punch. choice Demarara RUM, A few puncheons Gosport RUM, and very fine retailing MOLASSES. JAMES YOUNG. June 3.
RICHARD & JOHN TAYLOR, Have received by the Ship Rolla, Captain Garey, from London,
A few Packages of GOODS, suitable for the season.
They have also on Hand, Cambric; common and furniture Calicoes; plain and striped Dimities, White and coloured Jeans; Irish Linens, Sheetings and Cotton Shirtings; London superfine Cloths and Cassimeres, 4 & 6-4 Cambric Muslins; Ginghams, Silk and Cotton Chambrays, Ladies' and Gentlemen's Gloves and Hosiery, of all kinds, Sacking, Oznaburgs, and Brown Rolls, Pipes by the box, and Coppers by the barrel, And an assortment of
HARDWARE, NAILS, &c. all of which they will sell low for Cash, or undoubted Paper at Sixty Days—Also for Sale,
150 barrels NEW PORK, 50 kegs Lard; Old Jamaica Rum and Sugar. May 6.
Just landed from on board the schooner Ploughboy, Capt. Hull, from Charleston, 50 tierces fresh RICE, 15 Bales Upland COTTON—For Sale by GEORGE RAINCOCK. May 11.
WOOD & HASTINGS, Have just received from Baltimore and Philadelphia, a handsome assortment of
SPRING GOODS, which with their goods on hand, comprise a large and general assortment, and they will be sold at very reduced prices for Cash only. May 9.
Astonishing Female Artists!!
The Ladies and Gentlemen of Norfolk and its vicinity, are respectfully informed, that two more singular and surprising instances of the wonderful productions of nature was perhaps never so apparently demonstrated as in the cases of
Miss Sarah Rodgers and Miss Martha A. Honeywell, two young Ladies who have just arrived in Norfolk, and by the solicitation of a number of respectable families, have been induced to stay a few days—They now reside at Mrs. Taylor's Boarding-House, No. 35, Catharine-Street, where they will perform during their stay in Norfolk.
MISS RODGERS is a native of New-Hampshire; she was born without the use of either hands or feet, but the amends made in the exercise of her other faculties, surpasses all human belief. Without the use of her limbs, and with her mouth only, she will Paint Paint Flowers and Landscapes, mix colours, write, thread a needle, cut paper or cloth with the scissors held in her mouth, &c. &c.
MISS HONEYWELL is a native of New-York; she was born without hands, and with only three toes on one foot. She is not so much a subject of wonder and admiration for her great ingenuity and elegance in embroidering Flowers for framing, and in cutting with rich variety and taste Gentlemen's Watch Papers, as for the peculiar felicity of her disposition, diffusing gaiety all around her. Indeed their sportively engaging aspects at once dispel those painful sensations, which the deprivation of their limbs excites in the sympathizing breasts of their visitors, and give place to the most felicitous impressions, resulting in an admiration of the good sense and cheerful resignation of these young Ladies to their peculiar lot, which they have rendered by their persevering industry, spirit, and wisdom, a happiness to themselves, and a very instructive and consolatory example to the world in general, and to their own sex particularly.
Admission Fifty Cents—Children half price. Hours of admittance every day from 9 o'clock in the morning till 2, and from 3 till 7 in the afternoon. May 25.
ENGLISH KID SHOES.
WOOD & HASTINGS, HAVE JUST RECEIVED, 1 trunk fashionable English Kid Shoes, For Sale at a very low price.
To close a consignment, they will sell the best of Hussar BOOTS at 8 Dolls. per pair, Backstrap do. at 10 do. do. June 9.
A Cargo of Liverpool Stoved SALT, For Sale on board the ship Mars. Moses Myers. April 18.
For RENT, The Store, Compting-Room & Cellar, at present occupied by Mess. Wood & Hastings, no. 90, Main-street. Apply to Thomas Willock. August 24.
At the Old CUT-NAIL Manufactory, corner of Main and Church-streets, the subscriber keeps on hand constant supply, and can furnish at short notice, any quantity of
Nails, Flooring Brads and Sprigs, At the following reduced prices, by the Keg—for cash only, viz.—
8, 10, 12, and 20d Nails and Brads at 7 1-2d lb. 6d. Nails, 9 1-2d 4d. do. 23 3/4 d. m. or 11d 3d. do. 23 3/4 d. or 12d Sheathing, 6d. Sprigs, 4s 6d per M. 6d. do. 2s 9d 2d. and 3d. do. 2s 3d
He offers also for cash only— HOOP IRON ASSORTED. Thos. Seaman.
At Private Sale, By S. MARKS, Jun. Corner of Commerce and Water-street,
10 hhds. Antigua, 12 do. N. E. 50 barrels do. RUM, 90 hhds and 20 barrels Sugar; 10 pipes Country Gin, 8 pipes Cognac Brandy; 150 boxes Mould Candles, 0 boxes Spermaceti Candles; 4 bales striped Blankets, 3 bales Blue Duffels; 1 do. fine Cloths; 3 do. Blue Plains, 3 do. Rugs; 1 do. Check Shirts, 34 do. Tickenburgs and Oznaburgs; 3 do. Heffians, 1 trunk Madras Handkerchiefs. October 24.
The Subscriber having resumed his former Business of Commissioner and Broker, will buy or sell Goods on Commission, post Books, adjust Accounts, and procure Money on good paper or merchandise, at the shortest notice. James Maurice, No. 44, Church-Street. Ma 30.
FOR RENT. The STORE in Market-Square, now occupied by the subscriber. For terms apply at his office. Thomas Blanchard. April 7.
6000 bushels Stoved SALT, 50 crates well assorted Earthenware—For Sale on board the ship Sally, by A. Maclure. March 2.
Leather, Cordage, and Loaf Sugar. The subscriber will hereafter expose for Sale at his Warehouse on Campbell's wharf the above Articles, of the manufacture of Norfolk, at reduced prices for Cash, or on short credits only. Theo. Armistead. Feb. 20.
Richard Jeffrey & Co. No. 66, Main-street, corner of Bank-Street, have just received from London, per the ship Planter,
An assortment of MEDICINES, of the first quality.
Also, a few hundred weight refined Salt Petre, Hardham's Snuff, No. 9, and 37, in 1-2 and 1-4 pound canisters, Violet, Benzoin, Windsor and Shaving Soap, Evans's Self Crown Lancets, Tooth Brushes of superior kind, Refined Liquorice, &c.
They have on hand, and are in daily expectation of receiving from Amsterdam, all kinds of GLASS WARE, suitable to Apothecaries.
MEDICINE CHESTS for ships and family use, with printed directions, put up as usual. October 5.
For SALE at my Brew-House, Strong, Table, and Ship BEER, by the hogshead, barrel, and half barrel—and a constant supply of bottled PORTER in packages and by the dozen.
And in Store, Wines, Liquors, and Groceries, wholesale and retail. Joseph Hayes. Feb. 18.
FOR ST. BARTHOLOMEWS, The Swedish Sloop AFRICAN; will take passengers if application is made within fifteen days. A charter would be accepted of to bring property from any British Island not to leeward of St. Thomas. Apply on board to Captain Portelly, at Lee's upper wharf. June 1.
NORFOLK BOROUGH. At a Hastings Court continued and held the 25th day of May, 1808.
Cornelius Cruywaygan, Compt'g against Marizitz Boztells and Moses Myers, Defendants. In Chancery.
The defendant Marizitz Boztells 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 commonwealth: on the motion of the complainant by his counsel, it is now ordered that the said defendant Marizitz Boztells, do appear here on the fourth Monday in July next, and answer the bill of the complainant, and that a copy of this order be forthwith inserted in some Newspaper printed in this Borough for eight weeks successively, and posted at the front door of the Court-House of said Borough: and it is further ordered, that the defendant Moses Myers who has effects of the said Marizitz Boztells in his hands, do not pay, convey away, or secret such effects, but retain them until the further order or decree of this court. A Copy, Teste, WILLIAM SHARP, C. C.
NORFOLK BOROUGH. At a Hastings Court continued and held the 24th day of May, 1808.
Thomas Jones, Compt'g against Thomas Wright, administrator with the last annexed of Thomas Newton, deceased. Defendant. In Chancery.
The defendant 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 commonwealth: on motion of the complainant by his counsel, it is ordered that the said defendant do appear here on the fourth Monday in July next, and answer the bill of the complainant, and that a copy of this order be forthwith inserted in one of the Newspapers printed in this Borough for eight weeks successively, and posted at the front door of the Court-House of the said Borough. A Copy, Teste, WILLIAM SHARP, C. C.
York County Court, April 18, 1808. Ordered, That Thomas Griffin, Gaw-
in L. Corbin, and Peyton Southall, gentlemen, be appointed Commissioners to let to the lowest bidder at the expense of this County, the building of a CLERK'S OFFICE as soon as possible, for the use of the said County, on the publick square in the town of York, on the plan and of the dimensions following, viz—The House to be of brick and covered with slate or tile, 20 by 12 feet in the clear, 10 feet pitch in the clear, a chimney, a brick floor, and a passage at the entry; two and an half bricks thick to the water table, and two bricks thick above—the wood work whereof to be neatly painted; bond with approved security for the due and faithful performance of this work of the undertaker is to be taken, and returned by the said commissioners to this Court. Copy, Attest, S. Shields, Jun. C. Y. C.
The Commissioners above named are anxious to proceed in the execution of the above order, as early as possible, and will be glad to receive proposals for the erection of the building mentioned in the preceding order immediately.
Thomas Griffin, Compt'g Gawin L. Corbin, Compt'g Peyton Southall, Compt'g
The above will positively be Let on the third Monday in June, it being Court Day. York Town, 9th May, 1808. 3w
SAMUEL COLEMAN, Market-Street, westward of the Market, has established
A Boot and Shoe MANUFACTORY For this purpose he has employed the journeymen who were lately in the service of Mr. Walker—as those are said to be the best workmen in the place, and as he is determined to spare no expense in getting the best materials, it is probable that those who will be well served who choose to promote an institution so favourable to the interests of Norfolk, inasmuch as that it will give employment to a considerable number of people, and it will be made extensive in proportion to the encouragement given to it.
New SHOES from New-York, as usual for Sale—such as have been generally sold in retail at 9s. and 8s. 3d. for 7s. 6d.; those at 15s. for 13s 6d except of Morocco leather; Ladies' Morocco Slippers at 8s 3d for 7s. 6d. and in nearly the same ratio for every other kind of Shoes, where the former prices will bear reduction.
Gentlemen's SHOES and PUMPS of many kinds, made in his factory, and in Newark.
VERNON'S BOOTS, which are no doubt elegant—Having on hand nearly 200 pair of Boots, he believes there are very few gentlemen who cannot be fitted.
A few hundred bushels of ground Allum Salt; India Cottons, &c. &c. as low as they can be sold for a profit, for Cash.
From 10 to 15 BOYS may get good places as apprentices to the Boot and Shoe-Making Business—those who will be preferred who have been taught to read, write, and cypher; none will be taken under 12 nor over 16. June 6.
Just received by the schooner Polly, from Boston, and for sale by E. STURTEVANT, No. 77, Main-Street, A fresh assortment of Ladies' Kid and Morocco SLIPS. June 6.
ALSO, Monroe SHOES with Heels. June 6.
BANK NOTES LOST. FIFTY DOLLARS will be paid to any person who will give the Subscriber such information as will enable him to recover the following Bank Notes, of the Branch Bank of the United States, Norfolk.
L. No. 1134—dated Philadelphia, 6th July, 1804, favour R. Taylor, for 100 dollars. F. No. 6665—dated Philadelphia, 12th April, 1803, favour R. Taylor, for 100 dollars. WILLIAM DICKSON. June 6.
I will give Cash for barrel STAVES for fifteen days from this date. Moses Myers. June 6.
Two thousand Spanish HIDES, For Sale by William Plume, & Co. June 6.
For SALE, 4000 bushels Ground Allum SALT, And a few well assorted crates of EARTHENWARE. George Murray, & Co. December 7.
For CASH or approved Discountable Paper, 20 bales best Russia CANVAS, 1 do. Ravens Duck; 1 do. Matras Tickings, 65 packages German Linen—For Sale by Niemeyer & Von Kapff. February 26.
VIRGINIA, to wit:
At a Chancery District Court held in the City of Williamsburg, the 26th day of April 1808. Robert, John, and Frances Howard, infants under the age of twenty-one years, by Henry Howard their father and next friend,
Against Mary Sclater, widow and devisee for life of John Sclater, deceased, Richard and William S. Sclater, sons and devisees of the said John Sclater, deceased, Edmund Tabb, Frances Tabb an infant under the age of twenty-one years, Frances Powell, Elizabeth Smith, and Miles Cary, executor of John Sclater, deceased, and as executor of the said John, who was executor of Richard Sclater, deceased, Defendants.
On the motion of the plaintiffs by their counsel, Sarah Tabb is assigned guardian to the infant defendant Frances Tabb, to defend her in this suit, and the defendant Edmund Tabb 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 Court that he is not an inhabitant of this country: It is ordered, that the said defendant do appear here on the first day of the next term, and answer the bill of the plaintiffs, and that a copy of this order be forthwith inserted in one of the Newspapers published in the Borough of Norfolk, for two months successively, and posted at the front door of the former capitol in this city. A Copy, Anthony Robinson, C. C.
A NEGRO WOMAN for Sale. She is an excellent Cook and House Servant—Price 300 dollars, Cash. Apply at the Ledger Office. May 13.
WHITE JEANS, &c. Just Received
A few pieces very fine White JEANS, Real Patent NANKKEENS, Best NAVY CLOTHS, and fashionable BUTTONS. For Sale by WOOD & HASTINGS. May 9.
NOTICE. The partnership of Ellis & Sprigg , of
Hampton, is this day by mutual consent dissolved—all persons indebted to the said firm are requested most earnestly to come forward and pay their respective balances to Mr. C. Sprigg; and all those who have claims against said firm, to produce them to said C. Sprigg for settlement. Samuel Ellis, Per his Attorney in fact, Robert Gibson, Corbin Sprigg. Hampton, February 17.
NOTICE. The Copartnership of RICHARD BOWDEN, & Co. having expired, Richard Drummond is authorised to receive and pay the debts of said concern. Moses Myers, Richard Bowden, Richard Drummond. February 2.
NOTICE. The Subscribers have removed to the
Ware-House, No. 6, on Newton's wharf, formerly occupied by Messrs. John D. Haldane, & Co. JENNINGS & RODDEY. January 3.
FOR RENT, That convenient Dwelling-House, on
Brewer Street, the property of Mr. John Davidson, at present occupied by Mr. Stephen Harris. Also,
That convenient House, where Mr. Cornelius Calvert formerly lived; they have very fine gardens and all convenient out-houses—possession may be had on the first day of May next, on application to James Tucker. April 13.
On Hand, A few qr. casks of choice Teneriffe
WINE, And a few kegs fresh Dutch HERRINGS—For sale by the Subscriber. Moses Myers. April 25.
Landing from the Sloop African, from St. Bartholomews,
258 bags Gaudaloupe COFFEE, 37 hogsheads } St. Martin's SUGARS. 8 barrels } 8 puncheons Rum. } In Store,
60,000 wt. Jamaica COFFEE, 10,000 do. Leguire do. 30 kegs Raisins; 150 barrels Rye Whiskey, 4 pipes Country Gin; 10 pipes old Madeira Wine, 6000 bushels Iva } 5500 do. St. Ubes } SALT. 2500 do. Turk's Island } 5000 do. coarse Liverpool } C. & F. WHITTLE. May 30.
Mackinder & White, Have just received from on board the schooner Liberty, Capt. Lewis, from Philadelphia,
150 boxes fresh Imperial and Hyson TEAS, of superior quality. ALSO,
A fresh supply of Hollands GIN, Tickenburgs, superfine Cloths, Gentlemen's Silk Hats, Parasols, &c.—Which they offer for Sale on the lowest terms, for cash or approved notes. N. B. A few barrels of prime Smithfield MESS PORK. April 15.
ADVERTISEMENT. A good Price will be given for the
First Vol. of the History of France, BY GIFFORD.
This Book was sent to the late Mr. Mirick to be bound, and sold at Auction with the rest. Apply at the Ledger Office. April 29.
1500 sacks SALT, Liverpool filled, 6000 bushels do. loose, and 30 crates Earthenware—For Sale on board the Ship Sachem, by A. Maclure. May 6.
AT PRIVATE SALE, By S. MARKS, JUN.
60 hogsheads St. Kitt's RUM. March 2.
NORFOLK: PUBLISHED THREE TIMES A-WEEK, BY WILLIAM DAVIS, FOR THE PROPRIETOR, Opposite the Exchange Coffee-House. Price Six Dollars yearly, in advance.