Norfolk gazette and publick ledger (Norfolk [Va.]), 1808-05-16 00:00:00

LETTER FROM COLONEL PICKERING TO GOVERNOUR SULLIVAN.
City of Washington, April 22, 1808.
Sir,
So much time has elapsed since your excellency sent me your letter of the 18th March, you may imagine that I have forgotten you. But for many reasons that letter demands your notice. It was evidently intended for the press, to promote your reappointment, at the approaching election. But a review of the copy, replete with the unwarrantable calumnies and rudeness, probably satisfied you, or your friends advised you, that a publication of the whole might rather prejudice than promote your interest; and therefore you suppressed the greater part. But fearing no charges which your excellency has brought or can bring against me; and thinking it proper that the whole letter should be known, I shall publish it entire. Those who will be at the trouble to compare the paragraphs you have chosen to publish as extracts , with the letter itself, will see that they are so compounded, and with such alterations and additions, as to be, in fact, a studied imposition of the publick.
In examining your letter, I observe many extraordinary passages calling for animadversion; but to notice all of them, would too severely task my own, as well as the reader's patience. In my remarks, it may sometimes be difficult to adapt my language to the subject, without wounding the publick sense of the decorum proper to be observed in a writing intended for the publick eye. But it shall be my endeavour not to transgress that bound.
Your excellency perceiving that doubt or disbelief had arisen, relative to your assertion, that you returned my first letter "unread," seems resolved, in your last, to remove all doubt, and to enforce belief, by repeating, directly or indirectly, five or six times that you did send it back unread. Now, a plain man, conscious of having told the truth, would have rested on a single assertion.
You suggest that the governor's communication to the legislature "must be always of something which he believes to deserve their attention, and to be within their authority as a legislature;" but that "you do not conceive that my letter was within this description." This opinion of my letter you appear to have formed since you acknowledge that you have read it. And how could you undertake to decide that point, as by your own statement you did, Without reading it? Was it not possible, was it not probable, that in the actual state of things, the information it contained might afford matter proper for the consideration of the legislature of Massachusetts, relative to the embargo, which was peculiarly injurious to that state? Will your excellency maintain the servile doctrine, that as freemen they might not even take into consideration their grievances, resulting from the measures of their national rulers? May not the legislative body of a state make known to the national legislature the sufferings of the whole people of a state, as individuals exhibit their private wrongs? Is it lawful for legislative bodies only so far to interfere as to express approbation, and never, however forcible the call, the disapprobation of national measures, by making application for a change? Has your excellency forgotten, that during this very session of congress, as governor of Massachusetts, (and as you state, "with the unanimous request of its legislature,) you presented to congress a strong memorial in behalf of some of the citizens of that state who had been purchasers of lands under grants from Georgia? And did the essential interests of all her citizens, deeply affected by the embargo, less merit the attention of your excellency and the legislature than the claims of a small number of those citizens? Perhaps you will say, that the legislature had already adopted resolutions approving of the embargo. True; and I accounted for it on the supposition, very naturally to be entertained by the legislature, that the assembled wisdom of the nation, at Washington, would not have adopted so terrible a remedy but for evils of the greatest magnitude, which an embargo alone could avert. Now, the great design of my letter was, to satisfy them that the embargo was not, in the national legislature, the offspring of wisdom; for wisdom cannot exist without knowledge; and I still affirm that congress were not informed of any adequate cause for the embargo—and therefore, instead of implicit approbation, the embargo demanded examination, and perhaps a remonstrance, with a view to effect its repeal.
But you say, "Mr. Adams, my colleague, is quite opposed to me in his opinion of the embargo. You have his letters before you upon it." True—he did vote for the embargo: and I must now tell your excellency, how he advocated that measure. It is not willingly, sir, that I speak of him in an address to the publick. Though often opposed in opinion, on national measures, there has never existed for a moment any personal difference between us. But as you have now contrasted his opinion with mine, to invalidate my publick statements, you compel me to relate the fact.
In my first letter I informed your excellency of the haste with which the embargo bill was passed in the senate. I also informed you, that "a little more time was repeatedly asked, to obtain further information, and to consider a measure of such moment, of such universal concern; but that these requests were denied"—and I must now add, by no one more zealously than by Mr. Adams, my colleague. Hear his words. But even your excellency's strong faith in the president's supreme wisdom may pause, while independent men will be shocked with the answer of my colleague to those requests. The president, said he, has recommended the measure on his high responsibility: I would not consider—I would not deliberate: I would act.—Without the president possess such further informa-
tion as will justify!" Need I give your excellency any other proof (though other proof abounds) of "blind confidence in our rulers?" Need I give further evidence of "the dangerous extent of executive influence?" When the people of Massachusetts see a man of Mr. Adams's acknowledged abilities and learning advancing such sentiments; when they see a man of his knowledge of the nature of all governments, and of his intimate acquaintance with our own free republican government, and of the rights and duties of the legislature; especially of their right and duty to consider , to deliberate , and, according to their own judgment, independently of executive pleasure to decide on every publick measure: When, I say, the people of Massachusetts see this, will they wonder if a majority in congress should be overwhelmed by the authority of executive recommendation ? And had I not reason to be alarmed at "the dangerous extent of executive influence," which to me appeared to be leading the publick mind, by its blind confidence, to publick ruin?
Without commenting on the very exceptional language in which your excellency has judged it not improper to indulge, in respect to my remarks on your proclamation for a day of publick fasting and prayer, I feel myself called upon to repel the charge, that my "professions to have read that proclamation with pleasure, can never be considered as founded in sincerity." You, sir, may affect to doubt my sincerity: but no persons acquainted with my life and conversation will suspect it. These persons know I am not a hypocrite in religion; and by this time I believe your excellency is convinced that I am not a hypocrite in politics. But, sir, I must avow to you, that I am incapable of profaning a religious institution. With perfect truth I repeat to your excellency, that I did read your proclamation for a fast "with great satisfaction." And, I further assure you, that my friends here, delegates from Massachusetts, manifested the like satisfaction—were all approved of the religious sentiments you expressed. But your excellency knows, and the world knows, that such a proclamation may be issued, and other external marks of christianity be exhibited, and "the weightier matters of the law be omitted."
This leads me to another passage in your letter. Having refused to lay my letter before the legislature, you, and your partisans have laboured for reasons as well to justify the refusal, as to decry the letter itself. Among other things, it has been reported to be "an electioneering letter." And your excellency, as if to give your sanction to that report, has said, that my letter was printed before you received it by the mail .
It is at a momentous crisis, to exhibit a plain, unvarnished tale of truth before the eyes of a people misled by the partial statements or misrepresentations of pretenders to republicanism and patriotism, be it itself proper, ought my letter to be censured as an electioneering project? Why do we boast of the freedom of the press, but for its usefulness, in a free country, to convey correct information to the people? Certain newspapers had long been the vehicles of misstatements and falsehoods, calculated to deceive the people. It was at such a time that I thought it my duty to come forward with a statement of the situation of our publick affairs—so far as we are permitted to know them—and to vouch for the truth of the statement with my name . I knew that this would disturb the hornet's nest, and put the insects on the wing; and that with increased venom they would dart at me their poisoned stings: but armed with truth , as with a coat of mail, I had nothing to fear from their attacks.
In your excellency's letter to me of the 18th of March, you "say, I have read your letter in print, since I returned the manuscript. It was printed before I received it by the mail ."—Really, sir, with all my previous information of your character, I was astonished at this declaration to me; and in writing under your own hand, which will preclude all evasion; and when the falsehood of the assertion was of so easy detection. I will state the facts. My letter bears date the 16th of February. On the 20th I put it into the post office at Washington. In your letter of March 3d, you acknowledge its receipt on the 2d. On the 21st of February I put into the post office here, a copy of my letter of February 16, addressed to the friend in Boston. This friend in his letter of March 3d, acknowledged the receipt of that copy. He said also, that after waiting as long as decorum required, for a communication of it through the medium of the legislature, the press would give the letter to the people in a pamphlet. A short address to the reader, prefixed to the printed letter, is dated at Boston the 9th of March, the very day on which I received at Washington, your letter of the 3d.
But your excellency was not contented with the sive assertion , that the letter was printed before you received it by the mail—you meant to induce belief in the assertion, by suggesting some ground for it. You say, "It was printed, I find , before I received it by the mail;" as if your excellency had made a previous inquiry for the purpose of ascertaining the fact. And of whom would your excellency, as a lawyer—of whom would any man of common sense make the enquiry? Certainly of the printers who set their names on the title page of the letter: and if you had enquired of them, you would have found that it was not printed before you received it, nor until after you had acknowledged the receipt of it.* The facts which I have stated, demonstrated the impossibility of what you assert . This will enable every reader duly to estimate all your assertions.
Your excellency unquestionably intended to print the whole of your letter, and if, by a bold assertion,
* The manuscript was received by us on the 5th, and the work expected to be published on the 9th—a few of the first copies however were extorted from us on the evening of the 8th. Greenough and Stokins.
you could have satisfied the people that mine was printed before you received it, it would have countenanced the report of your friends, that it was merely an electioneering letter, and unworthy of credit. But reflecting afterwards on the certainty of detection, you concluded, to keep out of sight the greater part of your letter, and particularly the part on which I am now commenting; hoping that, deterred by your extraordinary charges against me, comprehending those of exciting sedition and ebullition, I should not dare to publish it.†
You suggest that I have perverted your invitation to the people to pray for a blessing on their enterprizes by sea and land, and used (or to take your own words) "improved it to urge them to sedition and rebellion against the government of the nation." That my letter appears to you a "seditious, disorganizing production." That it was designed "to disunite, divide, and dissolve the union." That "the sum of my labours was to excite uneasiness, discontent and divisions in the nation." That "if there ever was an attempt in its nature and consequences tending to rebellion and sedition, this is one." That my "address evidently tends to the overthrow and dissolution of the United States as a nation." And that, "let our national government be BAD or good, we have nothing but that, under God, to save us from aggravated ruin; and yet your exertions appear to me to lead directly to its subversion."
These are heavy charges; and your excellency, though yourself a lawyer, would perhaps have acted prudently to have taken counsel before you advanced them. To answer and repel the whole—seeing you do not point to a single passage in my letter to support them—it might be sufficient to say, that they are all unfounded . If my letter were "seditious, and disorganizing, and tending to excite rebellion"—it is very wonderful that your excellency should have been the first and only person to make the discovery. If I needed any authority of opinion against yours, I could quote that of statesmen and lawyers of the first distinction in the United States, who have honoured me with their approbation and thanks. But however gratifying this unsought praise of highly respectable individuals, I need not stop here. My letter is before my fellow citizens in Massachusetts: it is indeed before the nation: and the decided approbation of the thousands who have read it, demonstrate not only the extreme anxiety of the publick mind to obtain the information I gave; but that the facts stated, carried conviction of their truth and importance and justified my interference. I say not these things boastingly: for I feel no other emotion than what every man must feel who aims to serve his country, and finds his labors have not been in vain. Your reproaches, sir, and the reproaches of other men like you, detract nothing from my peace of mind. Improbus vituperari, laudari est . And let me assure your excellency, that although this kind of praise will not make me vain, it will never make me angry.
I shall pass over your excellency's doctrines of passive obedience, and blind confidence in our rulers; that the free citizens of the only remaining republic on earth, ought silently to submit alike to a BAD government and a good one; and that it would be a waste of time to inquire whether the embargo is right or wrong : only remarking, that avowing such servile tenets (now alike fashionable in France and Turkey, in respect to their despotic masters) you characteristically pronounce my plain history of the embargo, an attempt "to disunite, divide, and dissolve the nation."
I could fill a volume with just remarks on your excellency's letter; but I fear tiring those who may take an interest in our correspondence; and therefore pass unnoticed many subjects of animadversion. But there are two prominent ones which I must not omit.
The first is a plain insinuation, of a nature to excite astonishment, that I was connected with Aaron Burr, in the conspiracy with which he has been charged! I now understand your excellency's letter to me on the 24th of last January; which being remarkable for nothing but its absurdity, I had thrown by, and nearly forgotten. I had sent you the printed papers laid before the senate, in the case of John Smith, senator from Ohio, accused of having been concerned in that conspiracy.—Among the papers was the report of the committee in the case, drawn up by my colleague, Mr. Adams, the chairman; which, I remarked, "could not fail to attract attention; especially of gentlemen [like your excellency] of legal information." And you must have observed, that it has attracted very great attention; as will every thing from the pen of Mr. Adams, whether it merit censure or applause.
After thanking me for the communication, which I thought would be interesting to your excellency almost wholly on account of my colleague's report—you dash away in the following strain "I have long been convinced that Burr's expedition was the land detachment of Miranda's; and both under a foreign influence: that both were intended to dismember the union; and to place the northern part of the United States, either civilly or politically, under the guidance of the British cabinet.—There are many who co-operate in this project without knowing it. Burr must have large sums. And I have no doubt but that a great part of it went from this northern hemisphere. The few who hate our forms of government have had address enough to conceal their principles from their followers."
On such rhodomontade, comment would seem to be thrown away. I certainly should never have noticed it, had not your excellency, in your letter of March 18th, presented me with a new edition, with additions.
† A paragraph in the Chronicle, of the 28th April, signed Cato, fully confirms the truth of this opinion of Col. Pickering. Editor.
After suggesting that the tendency of my letter was to overthrow the national government, you thus address me. "This dissolution you will deny to be an object with you; but you will not deny that there is in existence such a man as Aaron Burr. You will not deny Miranda's expedition, or Burr's plot. You will not hesitate to own that several millions of dollars have been by them expended, or that more than half of it was expended by Burr, who had no money of his own. I do not call on you to say where this money was obtained; you do not know. But this you know, that success in that plot would have been the destruction of the United States; and that his plan would have divided the nation, and placed the northern part of it under the dominion of a foreign power."—All this your excellency advances with the affectation of profound political sagacity; and with as much apparent gravity as if you expected to be credited.
No one will be foolish enough to deny, what all the world knows, "Miranda's expedition" unwarrantably commenced in this country, and defeated in the manner which is generally known: but not a man in the world, your excellency excepted, will suppose that Miranda's object in landing three or four hundred men in South America, was to dismember the United States .
If the object contemplated by Burr was to dismember the union, to detach the western from the Atlantick states, he must have known it to be altogether impracticable, without the general concurrence of the western people. He knew that some leading men in that (all professing themselves to be republicans) had formerly contemplated such a separation; and had been intriguing with the Spanish government to accomplish it. It is now known that some of these men were pensioners of Spain. Is it not probable that Mr. Burr, in his visit to the western country, in 1805, conversed with men of influence there, who might be disposed to a separation? and that he mistook their ideas of it for the sentiment of the people at large ? and thence conceived the project of a separation to be feasible?
But instead of several millions of dollars being at Mr. Burr's disposal (which you have permitted yourself to say that I shall not hesitate to own—plainly insinuating that I know, and know as a partaker in his plot) every man of information, in the Atlantick states, knows that Mr. Burr's want of credit was such, that no persons (certainly no federalists) could have been found to advance him, on his own security, even a small sum. But when he was in Kentucky, where his true character was not generally known, some of the inhabitants were surprised, as I have understood, into an acceptance of his bills, to the amount of forty or fifty thousand dollars, drawn on places where he had no funds to discharge them. And would any man, with several millions in his hands, resort to such dishonourable means to raise that comparatively trifling sum? But your excellency has further allowed yourself to say, not only that Burr had several millions (or more than half of several millions) at his disposal, but that you have no doubt that a great part of his large sums went from the northern hemisphere as, with your characteristic precision you call the northern states. Is it possible for your excellency to mention one solitary reason, or shadow of reason , that could induce federal men of property (for surely you would not implicate any of your own party) in Massachusetts, for instance, to advance a great part of several millions of dollars to any man, much less to the man whom they detested—as a Cataline, an unprincipled, profligate man—and for the purpose of detaching the Western from the Atlantick States? This is such an absurdity as would expose any character of less weight than your excellency's to derision. Yet absurd and incredible as it is, that Burr should have had several millions in his hands, you have proved yourself capable of insinuating that I knew where he obtained them .
That Mr. Burr, in 1806, formed some project injurious to the United States, I have not doubted. And yet the state of the country, the good disposition of the people, and his absolute want of means, presented such insuperable difficulties to the execution of a project so extensive as the dismemberment of the union, or the invasion of Mexico—that the conception of one or the other, by a man of Mr. Burr's understanding, could be accounted for only from a consideration of his forlorn condition: I think it was in January 1807, when at Washington, where Burr's plot almost engrossed the public attention, that in writing to a friend, in order to avoid the imputation of weak credulity, as to the existence of a project so manifestly impracticable, I thought it necessary to state the grounds of my belief: such as, that Mr. Burr was a bankrupt in fame and fortune: that he saw the impossibility of ever retrieving either in the United States; while his ambition had no bounds: that whatever might be the issue of his enterprize, his condition could not well be worse: and that reduced to desperation, he might form the wildest projects; knowing, that if by any possibility he could succeed, he might again become an important man; and if he failed, that he might be eased of a life which a man, of his aspiring mind, reduced to poverty, and destitute of power, might consider worse than death.
Such, sir, was my view of the man and his project, with which you have the temerity to insinuate that I was connected! A man who I believed could so easily accommodate his principles to his ambition! A man to whom as president of the senate, I had, indeed, manifested the usual civilities demanded by our relative official situations; but from whom I had withdrawn during his last year's presidency of the senate, all personal regard. Yes—I had purposely withheld my hand from his—then reeking with the blood of the murdered Hamilton.

Hear no farther. A few days before the close of the same session of congress, a bill was brought into the senate, to grant to Mr. Burr the privilege of sending and receiving letters and packets by the mail, free of postage, during life. Mr. Burr was in the chair, and his presence was imposing. Nevertheless, the bill was opposed. The opposition was begun by Mr. Hillhouse and myself. But the bill was passed in the senate, by a majority of 18 to 13. In the house of representatives it failed at once, by an indefinite postponement.
And yet, sir, with this man, thus detested, and finally withstood to the face, in a favourite measure, which by means of the post-offices would have facilitated his projects, whatever they were, and perhaps even then in contemplation; with this man you were desirous to have it believed that I was an associate!—What language of reprobation would be too strong for such injustice to my character?—Doubtless you intended that the people of Massachusetts, and of the United States, as far as your letter should travel, should believe, or at least suspect, that I was concerned in Burr's conspiracy!—For whoever reads your whole letter will see that it was designed for the newspapers; but your own reflections, or the advice of friends, restrained you to the publication of a part.
One word more. You say that success in Burr's plan, would have divided the nation, and placed the northern part of it under the dominion of a foreign power. Will your excellency have the goodness to inform the people of Massachusetts, and of the United States, how a separation of the western states would have placed the northern states under the dominion of a foreign power? To men whose minds have the ordinary power of discernment, this is quite incomprehensible. Who but your excellency would have imagined that such a separation would induce the Atlantic states further to diminish their strength, by a division into a northern and a southern section? On the contrary, would not the northern and the southern states then cling more closely together? These are the thirteen United States, which, with half their present population, dared to defy the power of Britain, and finally achieved their independence. Where, then, is the danger of their being now brought into subjection to the same power?
(To be continued.)
FOR NEW-ORLEANS. The new Brig LOUISIANA PACK- ET , Richard Hurst, master, will sail direct- ly for that port the first of June. For freight or passage, having excellent accommodations, as she is in- tended for a regular packet, apply to Jennings & Rodney. May 1. im
WANTED, A few Virginia BANK SHARES. Apply at the Office of the Publick Ledger. May 6. 6
FOR RENT, The Store and Dwelling-House on Market-Square, at present occupied by Mr. Vincent Parlato. W.M. B. LAMB. May 11. 6
A. F. DU SEIN, & CO. No. 26, Market-Square, offers to sell at reduced prices, by the piece or by the yard, for Cash only, India Cottons of every description, Cambricks, Linens, English and German Osnaburgs, Gingham, 3-4 and 4 Callicoes, Chambrays, Stockings, Thread, Pins, Mock Madras, White and Printed Jeans, Muslins, Book Muslins, Lens, Silk and Laced Cambrick Shawls, Silk Handkerchiefs, French and English Superfine Cloths and Cassimeres, Ladies' and Gentlemen's Silk Umbrellas, Cotton do. Blue and Yellow Nankien, and a great variety of other ar- ticles too tedious to be described. Also,
24 casks Bordeaux Claret, 60 gallons, 2 do. Vin de Grave, 36 do. 50,000 Corks for Bottles, 300 Rheams Writing Paper, and a few baskets of Sweet Oil. May 13. 3*
A NEGRO WOMAN for Sale. She is an excellent Cook and House Servant—Price 300 dol- lars, Cash. Apply at the Ledger Office. May 13. tf
York County Court, April 18, 1808. Ordered, That Thomas Griffin, Gaw- in L. Corbin, and Peyton Southall, gentlemen, be appoint- ed 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 dimen- sions 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 en- try; two and an half bricks thick to the water table, and two bricks thick above—the wood work whereof to be neat- ly 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. F. 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 build- ing mentioned in the preceding order immediately. Thomas Griffin, Gavin L. Corbin, Com'rs. Peyton Southall, York Town, 9th May, 1808. 3w
FRANCIS SMITH, Offers for Sale on moderate terms, 40 punch. choice Grenada RUM, A few puncheons old Antigua do. 2 pipes fourth proof old Cognac Brandy, 5 do. London particular Madeira Wine, 4 hds. and 30 barrels Muscovado Sugar, 5000 wt. Green Coffee; 70 boxes Spanish Segars, 25 boxes 10 by 12 Window Glass, 20 do. Mould Candles; 12 do. Soap, 1 case 7-8 Irish Linen; 1 do. Hats, 240 barrels and 50 half barrels superfine Flour, 47 kegs Crackers, and 35 dozen old L. P. Madeira Wine. May 14. 3
Just landed from on board the schooner Ploughboy, Capt. Hall, from Charleston, 50 tierces fresh RICE, 15 Bales Upland COTTON—For Sale by GEORGE RAINCOCK. May 11. im
WOOD & HASTINGS, Have just received from Baltimore and Philadelphia, a hand- some assortment of SPRING GOODS, which with their goods on hand, comprise a large and gene- ral assortment, and they will be sold at very reduced prices for Cash only. May 9. tf
THE PUBLICK LEDGER.
MONDAY EVENING, MAY 16, 1808.
The circular letter from the treasury department to the collectors of the different ports of the Unit- ed States, demands attention.
The President considers "unusual shipments" of all articles, but of some more particularly, as a sufficient cause for the detention of a vessel, bound coastwise, or even from one port to another in the same waters.
What may be deemed "unusual shipments," is left to the "undefined field" of opinion of the col- lectors in the first instance, and finally of the pre- sident, under the information from the governors of the different states, who are not likely to know what supplies are wanted for consumption.— What little was left of "free trade" these in- structions are calculated to destroy, for we do not call that "free trade" where any man is not left to judge for himself how much or how little he pleases to ship, much less do we call that "free trade" which gives the power to the executive offi- cer of a law, to oppress one citizen and favour ano- ther. We do not say or even insinuate, that this will happen, "yet man is but man," our prejudices and partialities have more influence than we are disposed to allow.
But of "unusual shipments,"—we presume that what is not wanted for consumption, will be consi- dered as an "unusual shipment"—we will state a familiar case. A merchant of Virginia has on hand 2000 barrels of flour, 500 hogsheads of tobacco, or any article which he wants to raise money upon, and can do it at Boston, New-York, or Philadelphia. The article not being wanted at either of these ports, the shipment must be considered "as unusual" and liable to detention. We need not offer a single remark to any man of business to prove the absurdity and perhaps oppression of such a regulation. But there is no axiom more true than that a law originally impolitic and oppressive, will require extraordina- ry means to carry it into execution.
We thank Captain Hawes, from Baltimore for the paper containing the sentence of the Court Martial in the case of Commodore Barron, which is given in this day's paper.
The northern papers give such different state- ments of the result of the late elections, that we know not which to believe. One of the Democra- tick papers asserts that the Democratick majority in the legislature of New York is 31—while a Fe- deral paper asserts the Federal majority is 21— The Democratick papers are silent as to the Rhode Island and Massachusetts elections.
(CIRCULAR.)
Treasury Department, May 6th, 1808.
SIR, I informed you in my letter of the 28th ultimo, that the president considered "unusual shipments," particularly of flour and other provisions, of lum- ber and of naval stores, as sufficient cause for deten- tion of the vessel; pot and pearl ashes and flax seed ought to have been added to the list. But he has given it in charge to me to call your attention still more forcibly to that object. As it was the great leading object of the legislature in giving the power of detention, he considers it his duty in the execution of it, to give complete effect to the em- bargo laws. He recommends, therefore, that every shipment of the above articles for a place where they should not be wanted for consumption should be detained. He perceives no necessity at present, for the transportation of flour and similar articles, from any port on the waters of the same bay; or from any port whatever to ports in the Chesapeake, Delaware or Hudson, or to other places which ex- port such articles. And in order to prevent the in- conveniences which the want of a sufficient supply might occasion in some states, he has written a let- ter to the governors of New Hampshire, Massa- chusetts, South Carolina, Georgia and Orleans, a copy of which is, by his order, enclosed for your information.
In order that he may also be enabled to judge of the manner in which the law and his instructions are carried into effect, you will be pleased to trans- mit weekly to this department, a statement of the vessels laden with articles of domestic produce, which shall have departed from the district during the week, shewing the species and quantity of arti- cles, and the port of destination. Vessels not masted or decked, packets or ferry boats, vessels which give no bonds, and those employed in carry- ing fire wood, manure, stones and similar articles, need not be inserted in the statement.
I am, very respectfully, Sir,
Your obedient servant, ALBERT GALLATIN.
The Collector of
From letters received in New York.
A letter from Rotterdam, dated March 8th, says, "ships coming bona fide from America are admit- ted, even after having touched at a British port.— Markets very high."
Another letter, dated March 22d, says, "the embargo is not yet raised, and it appears that the emperor has determined to detain all American vessels until the United States shall have declared for one or other of the contending powers. Six of the first merchants at Antwerp have been seized and sent to the Temple for having held a communi- cation with England. Similar measures have been adopted at Ghent. We hear this day that there has been an insurrection of the farmers in Prussia, head- ed by some Prussian officers, against the French soldiers quartered there. The particulars have not reached us."
We are informed, that on Monday last, the Chamber of Commerce of this city, received an an- swer from the president of the United States, to
their application for permission to export provi- sions to one of the British West India islands. As the subject is interesting, it is expected that the ad- dress to, and the answer from, the president, will soon be published. We shall at present only state, that the permission to export, has been decidedly re- fused. Dem. Press.
Extract of a letter from a very respectable Indian in Lower Canada, who was educated by the late Dr. Wheelock, to his acquaintance and friend now liv- ing in Connecticut, dated Dec. 8, 1807.
"I am sorry it appears at present there is a pros- pect of war between those colonies and the United States—governour Craig has arrived at Quebec, and brought with him 9000 regular troops; the standing army in Lower Canada consisting of 21,000 men, 9000 of them are French Canadians, by or- ders of the governor there are to be 10,000 more of the French Canadians raised. A few days ago there was a great council held at Quesquaparta and 6000 of our red brethren were present. It is very cer- tain that the British mean to make a powerful re- sistance. It will take some time to reduce Quebec, if the Americans should ever attempt to take our capital there will be warm work."
FAIRFIELD RACES, May, 1808.
First day, for the Fairfield Jockey Club Cup of 30 guineas—2 mile heats.
J. Hoomes's b. b. Lance, by Dragon, 4 years old, 1 1 R. Wormley's s. m. Nettleton, by Spread Eagle, 6 years old, 2 2 Miles Selden's c. h. Dragon, by Dragon, 4 years old, 3 dist. Esme Smock's g. h. Treasurer, by Di- omed, 3 years old, 4 4 Wm. Ball's br. m. —, by Wildmedley 6 years old, 5 dist. Time—1st heat 3 m. 53 s.—2d heat 3 m. 57 s.
Second day, Jockey Club Purse 500 dollars—4 mile heats.
Collier Harrison's b. h. Atlantic, by Knowsley, 4 years old, 1 1 J. Hoomes's b. h. Young Peacemaker, by Diomed, 6 years old, 2 2 Wade Molby's b. h. Miranda, by Diomed, 6 years old, 3 3 Ralph Wormley's c. h. Stump the Dea- ler, by Diomed, 5 years old, 4 dr. 1st heat 8 m. 7 s.—2d heat 8 m. 50 s.
Third day, the Proprietors Purse of 250 dollars—3 mile heats.
Esme Smock's b. h. Vanguard, by Bed- ford, 4 years old, 1 3 3 R. Wormley's c. h. Trafalgar, by Mufti, 4 years old, 3 5 dr. W. Ball's b. g. Commodore, by Spread Eagle, 6 years old, 3 2 2 Jno. Hoomes's g. h. Abeleno, by Dra- gon, 4 years old, 4 4 dr. Wade Molby's c. h. Ratry, by Clifden, 6 years old, 5 1 1 Collier Harrison's b. h. Dinwiddie, by Diomed, 4 years old, 6 dr. Miles Selden's br. h. Taskmaster, by Sterling, 5 years old, 7 dist. Col. Hoskins's s. h. Mataponi, by Bed- ford, 4 years old, dist. Time—1st heat 6 m. 6 s.—2d heat 6 m. 18 s.— 3d heat 6 m. 30 s.
Fourth day, Annual Sweepstakes of 500 dollars— 3 mile heats.
R. Wormley's b. h. Sir Peter, by Knows- ley, 4 years old, 1 1 J. Hoomes's c. h. Tom Tuff, by Escape, 4 years old, 2 2 M. Selden's s. h. White Stockings by Diomed, 5 years old, 3 3 W. Ball's s. h. by Diomed, 3 years old 4 dr.
At a general court martial assembled on board the United States' ship the Chesapeake, in the har- bour of Norfolk, and state of Virginia, on Mon- day the fourth day of January, in the year of our Lord one thousand eight hundred and eight, and continued by adjournment from day to day, until Monday the eighth day of February in the same year.
PRESENT.
Capt. John Rodgers, President. Captains William Bainbridge, Hugh G. Campbell, Stephen Decatur, Jun. and John Shaw. Masters' Commandant, John Smith, and David Porter, } Members. Lieuts. Joseph Tarbell, Jacob Jones, James Lawrence, and Charles Ludlow.
The court pursuant to an order from the honou- rable Robert Smith, secretary of the navy of the U- nited States, to captain John Rodgers directed, bearing date on the seventh day of December, in the year of our lord one thousand eight hundred and seven, proceeded (as therein they are directed) to try James Barron Esq. a captain in the navy of the U- nited States, upon the charges in the said warrant stated, and therein preferred against him; and hav- ing heard all the evidence, and the prisoner's de- fence, and very maturely and thoroughly consider- ed the same, gave the following
OPINION:
The first charge stated against captain James Barron in the warrant of the hon. secretary of the navy, is in these words: "For negligently performing the duty assigned him."
"SPECIFICATION."
1st. "In that he did not visit the frigate Ches- apeake, during the period she remained in Hamp- ton roads, and before she proceeded to sea, as often as he was in duty bound to do."
2d. "In that when he did visit her, he did not as it was his bounden duty to do, examine particu- larly into her state and condition."
In deciding upon this charge, the court will make the following statements—1st. It appears to the court, that captain James Barron did visit the fri- gate Chesapeake twice during the period she re- mained in Hampton Roads, and before she proceed- ed to sea, that is between the 4th and 21st days of June last. And as by the naval regulations, issued by the command of the president of the United States, the number of visits which the commander of a squadron is directed to pay to the ships of his
squadron or division is left to his own discretion, the court is of opinion that captain Barron was made the judge of this subject himself—and seeing in the evidence no reasons existing at that time, to question the proper exercise of his discretion, in this respect the court are of opinion that this speci- fication is not proved.
2d. It does not appear to the court, that when captain James Barron did visit the frigate Ches- apeake, he examined particularly into her state and condition. But as it has been clearly established by the evidence, that captain James Barron during this period was under the orders of the honourable the secretary of the navy, whereby he was appoint- ed a commodore or commander of a squadron, that by other orders derived from the same source, a master and commander had been appointed to act as captain of this particular ship, under the said James Barron as commodore, and that this acting captain was then on board the ship, the court are of opinion, that it was not the bounden duty of com- modore Barron to examine particularly into her state and condition, and therefore that this second specification is not proved.
The omission to visit the frigate Chesapeake during the period she remained in Hampton Roads and before she proceeded to sea, as often as he was in duty bound to do, and the omission when he did visit her, to examine particularly into her state and condition, being the only circumstances averred in the accusation as establishing this first charge, "for negligently performing the duty assigned him;" and the court being of opinion that he did visit the frigate Chesapeake as often as he was in duty bound to do, and that it was not his bounden duty to ex- amine particularly into her state and condition, when he did visit her, must of course decide that captain James Barron is NOT GUILTY under this first charge, as limited and explained by these spe- cifications.
The second charge against captain Barron stated in the warrant of the honourable secretary of the navy is in these words:
"For neglect on the probability of an engage- ment to clear his ship for action."
"SPECIFICATION."
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 Ches- apeake, and that such threats were known to or heard by the said James Barron, and still he neglect- ed 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 Ches- apeake; the ports of the said ship Leopard were tri- ced up, and her tompions were out a considerable time before she commenced firing upon the Ches- apeake; and still, that notwithstanding these suspi- cious 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 here- to 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 appearan- ces of being prepared for action, and still the said James Barron neglected to clear his ship for ac- tion."
5th. "In that the said James Barron did receive from the commanding officer of the Leopard a com- munication 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."
In deciding upon this charge the court will make the following statement:
1st. It does not appear to the court, that any threats were ever used on the part of any command- er of a British vessel of war, that he would take by force, if he could not otherwise obtain them, cer- tain men from on board the frigate Chesapeake, (except the threats which may be considered as con- tained in the documents hereafter referred to, and which constituted the subject of another specifica- tion.) Of course it does not appear that any other threats were known to or heard by captain James Barron. The court must therefore decide that this first specification is not proved.
2. It appears to the court, that the British ship of war the Leopard did put to sea after certain signals had been seen and noticed by captain James Barron. Whether any other vessel was then in sight of her, or whether she then had any other object to induce her to go to sea but the Chesapeake —it is impossible from the nature of things that this court can now decide, nor is it necessary that they should decide.
It appears to the court also, that the ports of the said ship Leopard were triced up a considerable time before she commenced firing upon the Ches- apeake. But when the court adverts to the re- lations between Great Britain and the United States at that time, to the situation of the British squa- dron which had been lying in Chesapeake bay for many months preceding this, and to the state of the wind and weather at this period, the court cannot consider the putting to sea of one of that squadron, in consequence of signals made to her, or the triced up ports of a two decker, in warm weather and a smooth sea, as indications of a hostile disposition to- wards the frigate Chesapeake, whether any other vessel was in sight at that time or not.
What was the probable object of the Leopard in putting to sea, the history of that day enables the court now to conjecture with some certainty. But at that time, and in her situation, there were such a variety of innocent objects equally probable to be then held in view by her, that this court can- not impute to captain Barron any blame whatso- ever for not divining her real intentions at that time.

It appears to the court that the terrors of the Leopard were at some time before she commenced firing on the Chesapeake, and this the court considers as an indication of a hostile disposition. But it appears to the court also from the evidence upon this head, that so soon as captain Barron was informed of this fact, he ordered his men to quarters, the court are of opinion that no part of this second specification is proved.
3d. This court having heard all the testimony relative to the various manoeuvres of the Leopard after she put to sea, must form its opinion from the facts established by this testimony, and not from the opinion of the court of enquiry, on which they do not consider themselves bound in any manner to decide. Judging of these manoeuvres from these facts, the court are of opinion, that there were not intentions to fire upon the frigate Chesapeake manifested by the British ship of war Leopard, at any time before an officer of the Leopard was sent on board the Chesapeake and therefore that this third specification is not proved.
4th. It does not appear to the court, that the said ship Leopard did approach the said frigate Chesapeake, under any of the appearances of being prepared for the action, and therefore the court are of opinion that this fourth specification is not proved.
5. It appears to the court, that captain 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 that the said James Barron yet neglected to clear his ship for action. The court are therefore of opinion that this fifth specification is fully proved.
6th. It appears to the court from part of the communications of captain James Barron to the honourable the secretary of the navy, and from the evidence of the witnesses with whom the said James Barron conversed upon the subject, that he did verily believe from the communication received from the commander of the said ship Leopard, that he would 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 that the said James Barron neglected to clear his ship for action. The court are therefore of opinion that this sixth specification is fully proved.
Part of the facts specified in the accusation as establishing this second charge being thus fully proved, and the court being of opinion that the facts so proved being of themselves sufficient to support this charge, decide, that the said James Barron is guilty under this second charge "for neglecting on the probability of an engagement to clear his ship for action."
The third charge against captain James Barron, as stated in the warrant of the honourable the secretary of the navy, is in these words, as follows: "For failing to encourage in his own person his inferior officers and men to fight courageously."
SPECIFICATION. 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."
In deciding upon this charge the court will make the following statement:
1st. It appears to the court that captain James Barron, the first moment after he knew of an indication or suspicious appearance of a hostile intention on the part of the said ship Leopard, that is, after he knew her terrors were out, did order his men to quarters. The court are therefore of opinion, that this first specification is not proved.—This first specification is understood by the court to apply exclusively to the appearances exhibited by the Leopard, and to the letters and communications of her commander before stated, and which constitute the subject of another specification.
2d. It appears to the court, that after capt. James Barron was satisfied that an attack upon his ship would be made, that is, after he received the communication from the commander of the Leopard above stated, he did not immediately use any measures to prepare his ship for battle. The court are therefore of opinion, that this second specification is fully proved.
It appears to the court, that when capt. James Barron did order his men to quarters, he ordered them as became an officer of the navy. The orders given upon this occasion are stated in the next specification, and although not such as are most frequently given, yet the situation of his ship at that time was not a common one, and in the orders themselves under the then existing circumstances, or in the manner of giving them, the court see nothing to disapprove or censure. The court are therefore of opinion, that this third specification is not proved.
4th. It appears to the court, that captain James Barron did order that his men should be got to quarters secretly, and without beat of drum which did begin to beat notwithstanding this order, and that thereupon he ordered that the drum should desist from beating. The court are therefore of opinion that this fourth specification is fully proved.
It does not appear to the court that from the manner in which captain James Barron ordered his men to quarters, he did not evince a determination bravely to defend his ship. The court are
therefore of opinion, that this fifth specification is not proved.
6th. The court are not informed of any particular station assigned to a commander during an engagement. It is generally considered that the most proper place for him is on his upper deck, but he is at liberty to go and ought to go to any place where his presence will be of most importance. It appears to the court, that capt. James Barron never did leave his upper deck during the attack, and the court are of opinion he should not have left it. It does appear to the court that he remained a considerable part of the time during the attack at the gangway, not as if imploring forbearance, but for necessary and proper purposes. The court are therefore of opinion that this sixth specification is not proved.
7th. It does not appear to the court, that capt. James Barron did draw any of his men from their guns to lower down a boat or boats, to send on board the attacking ship, during her attack upon him. The court are therefore of opinion, that this seventh specification is not proved. It does appear to the court that capt. James Barron did draw some of his men from other stations for this purpose, but in this the court sees nothing to criminate capt. Barron, even if it were admissible to do so under this specification.
8th. It does not appear to the court, that capt. James Barron ordered his first lieutenant from his quarters, during the attack to carry a message on board the Leopard, at that time firing upon him. The court are therefore of opinion, that this eighth specification is not proved. As the decision of the court upon this subject, when coupled with some part of the evidence exhibited in this case, proving that Mr. Benjamin Smith, the first lieutenant was in a boat, may perhaps be calculated to throw some imputation upon the reputation of that young officer, who is now dead, the court take this occasion to express their opinion, that he does not merit any such imputation.
9th. It does not appear to the court, that capt. James Barron did use any language in the presence of his men calculated to dispirit them. The court are therefore of opinion, that this ninth specification is not proved.
10th. It does not appear to the court by satisfactory evidence, that during the attack capt. James Barron ordered his men to keep down, that they would all be cut to pieces. The court are therefore of opinion, that this tenth and last specification is not proved. The court are satisfied that some such words were uttered, but are also satisfied that the words actually used were of very different import, and were uttered at a time when they could not have produced any improper effect upon the crew.
The only two specifications annexed to this charge which are proved, are not such as in the opinion of this court establish the proposition, that the accused "failed to encourage in his own person his inferior officers and men to fight courageously." His not using immediate measures to prepare his ship for battle after he was satisfied an attack upon her would be made, was certainly great neglect of duty, but this does not support any charge against the personal spirit of capt. Barron. His ordering that his men should be got to quarters secretly, without beat of drum, and ordering the drum to desist from beating when it began to beat contrary to his orders, so far from proving him deficient in courage are considered by the court as strong evidences of his coolness and reflection at that moment. Indeed it would require very strong evidences to satisfy this court, that an officer who exposed himself at an open gangway, under a heavy and close fire, who being wounded still remained on his deck during the whole attack, giving his orders coolly and distinctly, and who neither by his words or actions discouraged his crew or any part of it, could be guilty of this charge. Such the court are satisfied was captain James Barron's conduct and situation, and however they may think of his activity or judgment, they feel themselves bound to declare that he is NOT GUILTY under this third charge, "for failing to encourage in his own person his inferior officers and men to fight courageously."
The fourth and last charge stated in the warrant of the honourable the secretary of the navy against capt. James Barron is in these words:*
SPECIFICATION. 1st. "In that the said ship Leopard did fire upon the said frigate Chesapeake, and 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."
In deciding upon this charge the court will make the following statements:
1st. It appears to the court, that the said ship Leopard did fire upon the said frigate Chesapeake, and that her attack was not suitably repelled. The court are therefore of opinion that this first specification is fully proved.
2d. It appears to the court, 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 injuries sustained either on the said frigate or crew did not make such surrender then necessary. The court are therefore of opinion that this second specification is fully proved.
3d. It appears to the court, 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 were all loaded.—
* In the paper from which we copied, this charge is omitted, we believe it to be as follows:
"For not doing his utmost to take or destroy the Leopard, which vessel it was his duty to encounter."
The court are therefore of opinion that this third specification is fully proved.
4th. It does not appear to the court, that the main deck battery of the said ship Chesapeake was in a situation which would have enabled the return of a broadside in a very short time after her flag was struck by order of the said James Barron to the said ship Leopard. The court are therefore of opinion that this fourth specification is not proved.
5th. It appears to the court, 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. The court are therefore of opinion that this fifth specification is fully proved.
6th. It appears to the court, 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 court are therefore of opinion that this sixth and last specification is fully proved.
Although all the specifications annexed to this charge (one only excepted) are fully proved, yet the court are of opinion that those which are proved do not support the charge to which they are annexed. The attack of the Leopard was not suitably repelled by the Chesapeake, because it appears to the court that circumstanced as the two ships then were, boarding the Leopard would have been impracticable, and of course no other means of repelling her attack remained, but in the use of the Chesapeake's guns. That all these were loaded, and not one of them fired before the flag of the Chesapeake was struck is almost certain. But yet it appears to the court, that captain Barron and the officers commanding divisions did every thing which they could do to get them fired, and that the colours were not struck until all reasonable hope of succeeding in properly repelling the attack in this way was lost. The injuries sustained either in the Chesapeake or her crew, did not at that time make her surrender necessary. Captain Barron might have waited until she had received many more and greater injuries, had lost the lives and services of many more of her crew, before he could have been compelled by these causes to have struck his flag. But during this interval of certain injury, he could have had no reasonable hope, even after he had sustained it, of doing any thing to the annoyance of his adversary.—And in such a situation he stands justified in the opinion of the court in striking his flag without consulting his officers, is a circumstance which this court consider of no consequence. It is not the duty of a commander under any circumstances, and in the situation in which captain Barron then was it would have been highly improper, to consult his inferior officers as to the propriety of hauling down his colours. It is the opinion of the court therefore, that captain James Barron is NOT GUILTY under this fourth and last charge, "for not doing his utmost to take or destroy the Leopard, which vessel it was his duty to encounter," as this charge is explained and limited by the specifications annexed to it.
In giving these opinions it will be perceived that the court have felt themselves bound to consider the several charges preferred as explained and limited by the specifications annexed to them respectively. The opinion of the court, therefore, upon those charges of which they have acquitted the accused, is to be considered in no other way, than that he is not guilty under these charges as so explained and limited. No transposition of the specifications, or any other modification of the charges themselves, would alter the opinion of the court as to the firmness and courage of the accused. The evidence upon this head is clear & satisfactory.
The court having agreed in the preceding opinions that captain James Barron although not guilty of three of the charges preferred against him, is nevertheless guilty under that wherein he is accused "for neglecting on the probability of an engagement to clear his ship for action," do further agree, that the said capt. James Barron, being guilty of this charge, falls under part of the fourth article of the rules and regulations for the government of the navy of the United States, adopted by act of the congress of the United States, passed on the twenty-third day of April, in the year of our Lord one thousand eight hundred, and entitled "An act for the better government of the navy of the United States," and they do adjudge and SENTENCE the said captain James Barron to be SUSPENDED from all command in the navy of the United States, and this without pay or official emoluments, of any kind, for the period and term of FIVE YEARS from this eighth day of February, in the year of our Lord one thousand eight hundred and eight.
JOHN RODGERS, WM. BAINBRIDGE, HUGH G. CAMPBELL, STEPHEN DECATUR, Jun. JOHN SHAW, JOHN SMITH, D. PORTER, JOS. TARBELL, J. JONES, JAS. LAWRENCE, CHARLES LUDLOW. LITTN. W. TAZEWELL, Judge Advocate. The above sentence has been confirmed by the president of the United States.
[We copy the following article from the BALTIMORE WHIG, a paper of high Democratic principles. No person who hopes will do us the injustice to believe that we insert this article, because we approve it: our object is to offer it as one proof that the Embargo was designed as an entering wedge for a war.]
WAR WITH ENGLAND, OUR BEST POLICY AT PRESENT. I will pass over what is known to all the world, such as the murdering, whipping, and impressing our citizens and seamen; the piracies committed on our commerce; the insolence of British officers and British agents; the infamy of some senators, and other members of congress, and editors in the United States, in supporting and advocating that government, which of all others is the worst—and now come to the point before us.
We have at this moment, in our ports, sixty millions of dollars, in the produce of foreign colonies, which if sent to Europe, would be worth two hundred millions. Now if we remain at peace the whole must be lost; or at least, one half, from the following reasons: The embargo, ought, and must be continued if no war takes place, until a peace is established between France and England, be that sooner
or later. Whenever a peace does take place, the powers of Europe having their colonies will never permit us to enter their ports, with produce, which they have in abundance in their colonies: they certainly will give us a preference to their own subjects; for during our embargo, the produce of all the colonies except the English must remain on hand, ready for a market the moment peace comes; and reason and common sense tell us, we must then be excluded from an European market for such articles. Of course, as I have mentioned before, unless there be a war, these sixty millions worth, will lay on hand until a peace; and then by exclusion from Europe become a loss to our merchants. But if we should declare war against England, the thing would wear another appearance. In a few weeks all our vessels will be in our own ports, or captured by England or France; by a war, we shall recover what is in France; by a war, we shall be able to repay ourselves by confiscation from England. Our foreign produce on hand, may be sent in armed vessels to Europe—Let them be well armed and manned; we have the finest vessels in the world for war; we have good officers, and seamen in abundance. Whilst one set of merchants are sending their property now on hand, to a market where they will receive from three to four hundred per cent. and have an opportunity of rewarding our brave seamen by taking prizes going and coming: the other part of our merchants, will be fitting out fast sailing vessels to carry our own productions to Europe and the colonies, by which means our industrious farmers will find a ready market for their flour, provisions, tobacco, and every other article, which if we remain in peace must perish in their barns and rot. Add to this, our country is the best calculated in the world for privateers; no men on the globe are so well fitted for that business as the Americans, particularly the eastern people.
During the revolution, the finest privateers and private armed ships in the world, sailed from New England? and our situation is a thousand times better now than at that time: our revenues would be increased by the duties arising from prizes brought into our ports, for notwithstanding the formidable navy of England, it cannot blockade the United States so completely as to prevent prizes from getting in, and fast sailing vessels from sailing out. Our harbours would not be insulted by their ships, as they were in the American war; they could not lie in our bays in perfect security; we have now the means to drive them from our waters, by gun boats and fire ships; and, it is impossible for them to keep on our coasts during fall and winter months, and indeed part of the spring. Then, what have we to fear? Our sea ports can easily defend themselves against any force they may bring by sea; and as to landing troops among us, they can hardly send from home a sufficient number to defend their own colonies in the West Indies, and on the continent. As to their commerce, it must become a prey to us; the West India trade, Brazils trade, Newfoundland trade, all pass under our eye those cannot escape us. We have not only the whole coast of the U. States, but all the world besides, to send our prizes, where good prices may be readily obtained for them. On the other hand, our heavy ships, such as frigates of the United States, and large privateers, will have it in their power to intercept the East India trade, which now is, & has been for a long time unprotected.
Thus, we shall, without running any risk, or a very trifling one, indemnify ourselves for all the wrongs heaped upon us by that perfidious nation; we shall save to our merchants, two hundred millions of dollars; we shall open commerce for our own productions; we shall assist our treasury; and above all—we shall save our honour.
SEVENTY-SIX.
NEW-YORK, May 7.
The federal ticket in the town of Essex and Clinton, in this state, we are informed, has succeeded by a majority of 450.
Massachusetts election—From the Boston Centinel of the 4th, we observe, that in 18 towns heard from, the federalists have gained 12 additional members, and the democrats have lost 4, making a difference in our favour of 16.
By the same paper we observe that the hon. ELBRIDGE GERRY has bid farewell to his democratic friends, and not only voted for the federal ticket, but attended their meetings preparatory to the election.
POSTSCRIPT.
We stop the press to announce to the friends of the true American cause, that we have just received information which we rely on, that the state of Rhode Island has returned a Federal Legislature.
PHILADELPHIA, May 5.
Sag Harbour, April 30—The fast sailing schooner Nassau, captain Latham, arrived this day from Machias.—We are informed that letters had been received at that place from the Collector at Passamaquoddy, informing that there were upwards of a hundred vessels at that place, and he found it impossible to execute the laws. The mob had threatened to burn his house, and unless a force was immediately sent there, he was apprehensive he should be obliged to quit his station.
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
LABOURERS WANTING.
The President and Directors of the Dismal 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 Cammack, or Samuel Proctor, Overseer.
May 6.
WANTED,
3000 bushels CORN. JAMES HERRON.
May 11.
Deagle's Packet will sail for Baltimore on Thursday next. May 16.

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, 6-4 and 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 Copperas 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. tm
EDUCATION.
MISS FLETCHER,
Respectfully informs the publick that she intends opening SCHOOL on Monday the 8th instant, in that healthy and pleasantly situated House, No 9, at the corner of Molt and Chapel-Streets, where she will give Lessons to a few young Ladies in the following branches of Female Education—Reading, Writing, Grammar, Geography, Arith- metick, Marking, Flowering, Lace Work, Tambouring, Embroidery, Filigree, Drawing, and Painting—Miss F. will take but a small number of pupils, and to the morals, manners, and improvement, every necessary attention shall be paid May 6. 3*
A STRAY COW.
Came to my place near Fort Norfolk, about 12 months ago, a large RED COW; she has lately had a Calf, and may now be of some use to the owner, who is required to prove his property, pay expenses, and take her away. Francis S. Taylor. May 6. 3w
SHOES.
E. STURTEVANT, No. 77, Main-Street, Has received per schooner President, and is now opening a supply of
Ladies' Morocco & Kid SLIPPERS, Misses' Kid, Velvet, and Morocco do.
ALSO, by appointment, Byrne's celebrated incomparable JA- PAN VARNISH, for Boots and Shoes.
This composition unrivalled for its excellence, as well as be- ing highly beneficial to the leather, produces the most beau- tiful shining black ever beheld. May 4. tf
1500 sacks SALT, Liverpool filled, 6000 bushels do. loose, and 30 crates Earthenware—For Sale on board the Ship Suchem, by A. Maclure. May 6. tf
Military LANDS for Sale.
1100 acres of LAND lying in the State of Ohio, on the waters of the Little Miami, in two different surveys.—The subscriber having seen the Land, can affirm that there is no Land in that State superior to it in point of fertility, situation or climate. Any person wishing to purchase the above Land will know the terms by applying to CHARLES SNEAD, living in Northampton, Eastern- Shore, Virginia. May 2. 8*
TIMBER.
The following Timber is wanted for the Navy Yard at Gosport—Persons disposed to furnish it will be pleased to make immediate application to Theo. Armistead, N. A.
   marked Res.    A 6 Gurdur Beams —47—10 by 12  B 40 Joists —36—3 12  C 40 do. —18—3 12  D 7 Gurdurs —30—12 12  E 7 do. —20—12 12  F 7 do. —38—12 12  G 7 do. —48—12 12  H 20 do. —40—12 14  I 20 do. —28—12 14  K 30 do. —36—3 12  L 35 do. —33—4 12  M 76 Principal Rafters —30—4 10 & 4 by 6  N 38 Collar Beams —28—4 9  O 46 Peasants —33—4 5  P 40 do. —24—4 5  R 186 Jack Rafters —30—3 5  S 186 do. —20—3 5  T 186 do. —24—3 6  W 16 do. KP —16—4 10  Y 35 Plaits —33—4 12    The above Timber must be of Heart Pine or Poplar. April 29. tf
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. tf
STOLEN from a House in this Borough, about the 15th or 16th instant,
TWO TABLE SPOONS, both marked T. M. G. in a cypher. Any person that will inform the Editor of this paper where the Spoons can be obtained, shall be well rewarded. N. B. Silversmiths and others are requested to stop them if offered for sale. April 29. tf
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. tf
STOLEN,
A SILVER CANDLESTICK, Stamped on the base J. Lownes. The negro woman who it suspected took it about a fortnight since, may have offered it for sale or pawn for rum, of which she is very fond—FIVE DOLLARS will be given to the person who may bring it to the Office of the Ledger. April 22. tf
NORFOLK RACES,
Over the New Bridge Course, will commence on MONDAY the 6th of June, free for any Horse, Mare, or Gelding, (ex- cept those owned by Buwell Wilkes, of Brunswick County, Virginia, or in which he may be interested in the running of) agreeable to the weights of the New-Market Course, and the rules of the course.
FIRST DAY.
A Post Sweepstakes for 3 and 4 year Colts— weight for age—one mile heats—50 Dollars entrance.
SECOND DAY.
A Purse of 400 Dollars—four mile heats—30 Dollars entrance—weight for age.
THIRD DAY.
A Purse of 100 Dollars—one mile heats—the best three in five, with catch weights—10 dollars entrance.
FOURTH DAY.
A Purse of 200 Dollars—two mile heats—20 Dollars entrance—weight for age.
A SADDLE and BRIDLE will be run for eve- ry afternoon during the Races
Proof of the Horses ages will be required—Entrance made with Col. Kemp, at the Exchange, by 8 o'Clock, P. M. each day.
The Course is well enclosed with a high fence, and so ditched as to secure its being in good order.
R. H. COCKE, & CO.
May 9. tf
PRO BONO PUBLICO.
Patent Water-Proof Brunswick Black- ing, prepared with oil, which softens, preserves, and beau- tifies the leather. Words cannot set forth its just praise, nor can its transcendent qualities be truly known, but by experi- ence; it is especially calculated for, and particularly recom- mended to sportsmen and gentlemen who are much exposed to the wet, as it will effectually prevent the water from pen- etrating, preserve the leather from cracking, and render it supple and pleasant to the very last, giving it also a beauti- ful jet black gloss.
Where also may be had,
THE IMPERIAL WASH,
For taking out stains, and preserving the quality and colour of saddles and tops of boots—Also,
A quantity of Patent Medicines.
Dr. Tissot's Foot and Rheumatic Drops; Dr. Robinson's Elixir of Health and Wine Bitters; Lee's Worm Destroying Lozenges; Lee's Ointment for the cure of the Itch in once using; Anderson's Pills, &c. &c.
Any person wishing to have any of the above articles to sell again may be supplied by applying immediately to I. DYOTT, No 89, Main-Street. May 9. 3
Ten Dollars Reward.
RANAWAY from the Subscriber on the 29th of last month, a French Mulatto Girl named SOPHIA, about 16 years of age. I will give the above reward to any person or persons that will deliver her to me. BOBE, No 82, Main-Street. May 9. 3
FOR RENT,
The STORE-HOUSE on Main-Street, lately occupied by Hunter & Gatewood, immediate posses- sion may be had. Apply to John Nivison. May 6. 6
NOTICE.
The partnership of Ellis & Sprigg, of Hampton, is this day by mutual consent dissolved—all per- sons 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. tf
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. tf
FOR SALE,
73 punch. choice Antigua RUM, 30 do. Grenada do. 600 bushels CORN, 60,000 drawn White and Red Oak STAVES, 60 barrels Pork. George Wilson. November 4. tf
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 8. tf
FOR RENT,
The Store, Compting-Room & Cellar, at present occupied by Mess. Wood & Hastings, no. 90, Main-street. Apply to Thomas Willock. August 24. tf
FOR SALE,
2 elegant Bay Horses, a complete match, 2 do. grey do. do. 1 remarkable fine bay, and one very excellent grey Horse— For which, Notes of the Bank of Newbern and Cape-Fear, or Proc Money will be taken in payment—Apply at the Of- fice of the Publick Ledger. Sept. 25. tf
FOR RENT,
That convenient Dwelling-House, on Brewer Street, the property of Mr. John Davidson, at pre- sent occupied by Mr. Stephen Harris.
Also,
That convenient House, where Mr. Cornelius Calvert formerly lived; they have very fine gar- dens and all convenient out-houses—possession may be had on the first day of May next, on application to James Tucker. April 13. tf
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, Ticklenburgs, 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. tf
FOR SALE,
An elegant and fine toned HARP, made in Paris, and lately imported, with spare strings, and a large collection of MUSICK; the price 250 dollars. Ap- ply at the Ledger Office. May 6. tf
ENGLISH GOODS.
Appleton & Co.
By the John Adams, St. Johns, from Liverpool, No. 16, Calvert-Street, Baltimore, have received their regular sup- ply of GOODS, calculated for the present and approach- ing season.
Cambric and Common Calicoes,
Plain and striped Dimities; Printed Marseilles Vesting, White Jeans; Furniture Chintz; do. Dimities, London Superfine Broad Cloths; do. do. Cassimeres, Yorkshire fine Cloths and Cassimeres; patent Nankeens, Cords; Grandurells; Cotton Cassimeres, 6-4 and 4-4 Cambric Muslins,
Japan, Haricord, and Check do. plain and figured Mull do. Leno, Victory, and Riddle Muslin; coloured do. do. do. 4 4 plain Book do.; Ginghams; Silk do. Sattins, Persians, and Sarsnets; Bonnet Silks; Silk Gloves, Silk Handkerchiefs; Fancy Shawls, Cotton Umbrellas,
do. Braces, do. Laces and Footings, do. Quiltings, English Kid Gloves Cotton Hosiery, Handkerchiefs,
Fringe and Bed Lace, Cotton and Linen Checks; Buttons; Birmingham Ware. In Store, a few dozen gentlemen's best Beaver Hats, from Marseilles.
These goods will be sold low for cash, or undoubted pa- per at 60 days. April 15. 10
For SALE,
4000 bushels Ground Allum SALT, And a few well assorted crates of EARTHENWARE. George Murray, & Co. December 7. tf
For CASH or approved Discountable Paper,
20 bales best Russia CANVAS, 1 do. Ravens Duck; 1 do. MATRAS Tickling, 65 packages German Linen—For Sale by Niemeyer & Von Kapff. February 26. tf
Just got to Hand.
22 chests Hyson TEA, will be sold low for cash. George Wilson. Nov. 18. tf
For SALE,
On board the ship Dammascotta, Robert Duckendorff, master, at Commerce-Street Wharf, Coarse Liverpool SALT, St. Vincent's RUM and MOLASSES. Moses Myers. April 15. tf
FOR RENT.
The STORE in Market-Square, now occupied by the subscriber. For terms apply at his office Thomas Blanchard. April 7. tf
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 March 30. tf
A WET NURSE FOR SALE.
A Strong NEGRO WOMAN, with a good breast of Milk, and her Boy six weeks old—The Woman is used to washing, ironing, and house-work.
ALSO, A NEGRO WOMAN, an excellent Cook and House Servant. Apply at the Ledger Office. April 22. tf
SAMUEL COLEMAN,
Market-Street, westward of the Market, has esta- blished
A Boot and Shoe MANUFACTORY.
For this purpose he has employed the journeyman 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 will be well served who choose to promote an in- stitution 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 1s. 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.
VERNON'S BOOTS,
which are no doubt the most elegant made in the United States. Having on hand nearly 200 pair of Boots, he be- lieves there are very gentlemen who cannot be fitted. A few hundred bushels of ground Allum Salt; India Cot- tons; Brown Sugar, &c. &c. as low as they can be sold for a profit, for Cash. April 25. tf
Richard Jeffrey & Co.
No. 66, Main-street, corner of Bank-Street, have just re- ceived 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 cannisters, Violet, Benzoin, Windsor and Shaving Soap, Evan's best Crown Lancents, Tooth Brushes of superior kind, Refined Liquorice, &c.
They have on hand, and are in daily expectation of receiv- ing 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. tf
COW-POCK.
The Subscriber informs those who wish to be vaccinated, that a parcel of fresh matter lately received from Philadelphia, has succeeded, and is now fit to inocu- late from. George Balfour. April 20. tm
For SALE at my Brew-House, Strong, Table, and ship BEER, b, the hogshead, barrel, and half barrel—and a constant sup- ply of bottled PORTER in packages and by the dozen.
And in Store, Wines, Liquors, and Groceries, wholesale and retail. Joseph Hayes. Feb. 18. tf
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,
Plaintiffs. 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 execu- tor 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 defen- dant do appear here on the first day of the next term, and an- swer 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.
CASH for Warwick STAVES.
Moses Myers. April 20. tf
6000 bushels Stoved SALT,
50 crates well assorted Earthenware—For Sale on board the ship Sally, by A. Maclure. March 2. tf
NOTICE.
I am again compelled to solicit all those indebted to the estate of PHILIP COLLINS, deceas- ed, to make immediate payment, as no longer indulgence can be given. Jane Collins, Admr'x. December 9. tf
AT PRIVATE SALE, BY S. MARKS, JUN.
60 hogsheads St. Kitt's RUM. March 2. tf
Leather, Cordage, and Loaf Sugar.
The subscriber will hereafter expose for Sale at his Ware-house on Campbell's wharf the above Articles, of the manufacture of Norfolk, at reduced prices for Cash, or on short credits only. Theo. Armistead. He will sell or lease for a term of years, the STORES at the end of Marsden's and Rothery's wharves. Feb. 20. tf
Fresh Imperial TEA.
Just received 17 boxes fresh Imperial TEA, of the present year's manufacture—Also on Hand,
25 tons assorted BAR IRON, 50 barrels and a few hogsheads Muscovado Sugar, 40 barrels and bags Green Coffee; 25 hds. old Antigua Rum, 20 hds. Molasses; 8 pipes French Brandy, 10 crates assorted Queen's Ware, A few quarter casks of Sherry and Teneriffe Wine, Whiskey in barrels; Loaf Sugar, New York prime Pork and Beef; 30 casks Cheese, A few bales Mackarel; Soap; Candles; Demij. Ins. &c. For Sale by Jennings & Roddey. February 26. tf
A Cargo of Liverpool Stoved SALT,