Norfolk gazette and publick ledger (Norfolk [Va.]), 1809-05-12 00:00:00

NORFOLK GAZETTE AND PUBLICK LEDGER.  SINT HIC ETIAM SUA PRÆMIA LAUD.
[VOL. V.]
FRIDAY EVENING, MAY 12, 1809.
NO. 119.
For London, (To sail on the 10th June,) the fine copper fastened and fast sailing Ship POCAHONTAS, Christopher Tompkins, master; a considerable part of her cargo being already engaged, the freight of about 200 hogsheads tobacco and 30 bales cotton is only wanted. Apply to Wilson & Cunningham. May 5.
For Liverpool, The British Letter of Marque Ship AURORA, Burthen 500 hogsheads tobacco, John Smith, master, mounts 16 guns and carries men in proportion, coppered, and a remarkable fast sailer; will be ready to depart from hence soon as the intercourse with Great-Britain is resumed. For freight, apply to C. & F. Whittle. April 26.
For Freight or Charter, The Ship FACTOR, Capt. Reynolds, burthen 291 tons. The Schooner CONNECTICUT, Capt. Appleby, burthen 70 tons.—Apply to the respective masters on board, or Christopher Fry. Who offers for Sale, 14 casks STONE LIME, 10,000 HOOPS, and a box of WOOL HATS. April 26.
For Sale, Freight, or Charter, The Ship BRUTUS, John Bunce, master, burthen 236 tons, sails fast, and carries a large cargo. ALSO, The Schooner PHOENIX, E. Greely, master, burthen 86 tons, a staunch good vessel. For terms apply to N. HERON. Who has for Sale on board the said Schooner at Marsden's Wharf, About 40,000 feet Pine Boards. April 21.
FOR SALE, A fine new Pilot-Boat SCHOONER, of 100 tons burthen, will finish rigging in a few days. ALSO, The HULL and SPARS, of one about the same size, of similar construction. ALSO, A full built SCHOONER, of 125 tons, or 1100 barrels; the above vessels now lying at Gorham's wharf. ALSO, A New Pilot-Boat SCHOONER, of 120 tons burthen, now on the stocks, will be launched in a week. ALSO, A VESSEL, of 240 tons, of very superior materials and construction, building in Mathews, and can be launched in three weeks. For terms apply to Wilson & Cunningham. March 6.
FOR CHARTER, THE BREMEN BARQUE PATRIOT GROENING, Mathias Probst, master, burthen about 300 tons, in very complete order and almost new. ALSO, The Bremen Barque Bremen, John Conrad Dorman, master, burthen about 280 tons; both ready for a voyage. Apply to Niemeyer & Von Kapff. Who offer for Sale, 20 pieces of a superior quality RUSSIA CANVAS, 60 do. Stout German RAVENS DUCK, and 50 bags St. Domingo COFFEE. April 19.
For Sale, or Freight to New-York, The fine new Pilot-built Brig PATRIOT, Richard Pate, Master, burthen about 180 tons, now ready to receive a cargo. For terms apply to Wilson & Cunningham. February 23.
Wanted, A fast-sailing VESSEL, of 230 to 280 hogsheads burthen. AND One of 250 hhds. burthen. Apply to C. & F. Whittle. Who have for Sale, 600 barrels FLOUR. May 1.
For Freight or Charter, The good Ship AUGUSTA, Capt. James Place, burthen 325 tons, now on her first voyage. Apply to the master, or Christopher Fry. April 28.
For Freight or Charter, The substantial and fast-sailing Brig PALLAS, Ephraim Wilcox, master, burthen 942 tons, or 900 hhds. tobacco; she is double decked, shrouded, and newly grouted. The port of Liverpool would be preferred, and she is now ready to receive a cargo. For terms apply to Captain Wilcox, or N. HERON. May 1.
For Charter, The Brig MINERVA, Wm. Malcom, master, burthen 311 tons, or 280 hogsheads of tobacco, is in complete order, and is now ready to receive a cargo. Apply to the master on board, or the subscriber WM. PENNOCK. Who offers for Sale, 80 Bundles excellent HAY. May 10.
FOR CHARTER, The Ship BELL SAVAGE, Reuben Jones, master, now lying in Hampton Roads, burthen 326 tons, will carry about 450 hhds. tobacco.—This excellent Ship is in complete order, and can be ready to take on board a cargo very soon. ALSO, The Ship NANCY, William Noyes, master, burthen 100 tons, will carry about 200 hogsheads tobacco, or 1750 bbls. flour; this Ship is almost new, double decked, and in fine order. A cargo of grain or flour will be preferred. Apply to RICHARD BLOW. March 31.
For Sale by the Subscriber, 4000 barrels FLOUR, 1000 sacks Liverpool Salt; 2000 bushels do. 170 tierces Rice; 50 tons Logwood; 30 bbls. Whiskey, 10 bags Green Coffee; 27 kegs Snuff, 6 casks best half pint Tumblers and Goblets, 300 bushels Bran; 100 Bask Mats, 60,000 Rough Hogshead and barrel Staves. A. Maclure. Who offers for Charter, The fine new Ship Justina, burthen 350 tons, now ready to receive a cargo. April 12.
For Sale, on our wharf, 15000 bushels blown SALT, principally afloat. 6000 ditto Coarse ditto, 300 sacks ditto. Liverpool, filled. 136 bags St. Domingo COFFEE, 7 hhds. do. SUGAR, 44 bbls. do. do. 65 bbls. St. Kitt's SUGAR, 27 bbls. do. do. 56 bbls. do. MOLASSES, 52 bbls. Jamaica COFFEE, 24 do. do. SUGAR, 121 bags PIMENTO, 380 boxes brown Havana SUGARS, 23 bags do. COFFEE, 27000 feet MAHOGANY, 5 ton LOGWOOD, 3 do. BRAZILETTO, 100 half crates QUEEN'S-WARE, well assorted. 10 hhds. Havana MOLASSES, 10 pipes L. P. MADEIRA, 20 cases superior CLARET, 5 puncheons old Jamaica RUM. Domestic. 1000 hogsheads TOBACCO, 100 do. PORK, 100 do. TAR, 100 do. PITCH, 200 do. Superfine FLOUR, 50 do. WHISKEY, UPLAND COTTON. C. & F. Whittle, Who offer for Charter, The Ship ELIZA, burthen 420 hogsheads Tobacco. March 16.
Norfolk & Portsmouth Jockey Club RACES, Over the New Ditched-in Course, will commence on WEDNESDAY, the 7th of June, free for any Horse, &c.—New-Market Rules. First Day. A Purse of 400 Dollars—Four Mile Heats—Money put up. Second Day. The Ladies' Purse of 100 dollars—One mile heats—the best three in five, with catch weights—15 dollars entrance. Third Day. The Proprietor's Purse of 200 Dollars—two mile heats—10 dollars entrance. Fourth Day. A Handy Cap Purse. Good Stables and Litter near the ground found gratis, and every kind of Forage at the lowest price. The ground is considerably improved since the fall, and is equal to any course on the continent. Racers and their Horses will be free of toll. Entrance to be made with the Treasurer at the Exchange, in the usual way. The Treasurer. April 21.
SPANISH HIDES. One Thousand SPANISH HIDES.—For Sale, by Wm. Plume, & Co. January 23.
WANTED, Rough Oak bbl. and hhd. STAVES, of the best quality, for which Cash will be given, Robert Maitland. April 26.
FOR SALE, The CARGO of the Schooner Havana, from Havana—Consisting of 50 hogsheads MOLASSES, 50 do. prime Muscovado } SUGARS, 60 boxes White 14 do. Brown 40 bags GREEN COFFEE. Moses Myers. April 19.
FOR SALE, 70 tierces } RICE, 25 half do. } 25 bales UPLAND COTTON—By George Raincock. April 12.
Bills on London, For Sale by F. & W. Southgate. May 8.
FOR RENT, The STORE fronting the Old Market Place, at present occupied by Mr. Sturtevant. Apply to Wood & Hastings, or Robert Taylor. May 8.
FOR SALE, A neat well finished Fire-Proof DWELLING-HOUSE, situated in Cumberland-Street, and at present occupied by Miss Ellgood. Also, one half of a very valuable Water Property, fronting Elizabeth-River 410 feet, thence towards the shore 900 feet; also, an unimproved lot, well enclosed, adjoining Capt. John Storr's Dwelling-House; and a House and Lot in York-Town, in a very eligible situation for a retail business, being adjacent the Ferry to Gloucester, one end fitted up for a shop. For terms apply to ROBERT GIBSON. May 8.
THE SUBSCRIBERS, Take leave to inform their friends and the publick in general, that the EAGLE TAVERN, IN THE CITY OF RICHMOND. Will hereafter be conducted under the immediate management of GEORGE TURNER, they having formed an engagement for this purpose. They entertain the most sanguine hopes that their unremitting exertions will entitle them to patronage and favour. Every comfort which necessity may require, or which taste may suggest, will be procured with avidity and pleasure. They are determined, if possible, to render the Eagle in every department of their business agreeable to their guests, and a pleasant abode to the stranger. Their solicitude upon this score has induced them at considerable expence to make some important changes in the arrangement of the rooms. They feel a great share of confidence in assuring their friends that they will meet with every convenience and attention that a house of this character is calculated to afford. Their Bed Rooms are furnished with an entire new set of Beds and Furniture, with a suit of curtains to each, and the floors covered with Carpets. Their Stables are large and commodious (which will always be furnished with a full supply of the best provender the country affords) stands within twenty steps of the house, with a pump of excellent water at the door, for the purpose of watering and washing the horses. They take further leave to state, that a COFFEE-ROOM has lately been established in one of the Rooms of the Eagle, in which the Newspapers from all the principal towns on the Continent are to be seen. With these advantages, and these determinations, in which they are resolved never to relax, they can but hope for the most flattering success. George Turner, James S. Smithers. May 8.
Just Received, A few bales very fine India Cottons, suitable for Sheeting, Nankeens of superior quality; Bandanna Handkerchiefs, Sewing Silks; Russia Sheetings, &c. For Sale by Wood & Hastings. May 3.
A YOUNG MAN Of respectable connexions, and possessing a competent knowledge of business, is desirous of a situation as Supercargo; the most satisfactory recommendations can be given. A line addressed to A. B. and left at this Office, will be immediately attended to. May 3.
Portsmouth Sugar-House. The present Proprietors of this establishment finding a larger capital necessary to carry it on successfully than they have it in their power to devote, are disposed to sell it in whole or in part, as shall best please the purchaser, and will give a great bargain to any one inclined to buy. The House is competent to the refining of 500 hogsheads raw Sugar a year; the consumption of loaf may be judged of by the result of an accurate inquiry, made with a view to ascertain the fact, that the towns of Richmond, Petersburg, and Fredericksburg alone, all in Virginia, and holding their relations in trade immediately with Norfolk, consume or afford vent for an aggregate quantity of at least 900 hogsheads Loaf Sugar a year; to say nothing of the consumption of the town of Norfolk itself, inferior to neither of the others, and where too, from its immediate intercourse with the West-Indies, the raw material has always hitherto been plenty and upon terms as cheap, often cheaper than at other ports north of this upon the continent. For further information apply to Campbell & Wheeler. May 3.
FOR SALE by B. REYNOLDS, 25 barrels New-England RUM 25 boxes Mould Candles; 10 boxes Table Fish, 12 do. Mustard; 12 kegs Snuff, 10 do. Cotton Cords, 50 casks Nails and Spikes, assorted sizes, 5 bundles Spades, 2000 gallons Stone Jugs and Butter Pots, assorted sizes, 5 hogsheads and 6 crates Earthenware. April 26.
FOR SALE, 40 Sacks JUNIPER BERRIES. James Young. April 26.
VIRGINIA BANK STOCK. WANTED TO PURCHASE, VIRGINIA BANK STOCK, For which Cash will be given. Application to be made to the SECRETARY of the MARINE INSURANCE COMPANY. JOHN GRANBERY, President Office of the Marine Insurance Company of Norfolk, Dec. 14.
FOR SALE, 4000 bushels Turk's-Island SALT. John Granbery. May 10.
NOTICE. The Copartnership of KID & OWEN, is by mutual consent dissolved, SAMUEL KIDD is authorised to settle the business of said firm in Norfolk. Samuel Kidd, Richard H. Owen. SAMUEL KIDD, Has just received by Ferguson's Packet, a fresh supply of SPRING GOODS, Consisting of Elegant Plain and Worked Muslins; Cotton Cambricks; Back do.; Shirting Cotton; Dimities of a superior quality to any perhaps ever seen in Norfolk; very low priced Irish Linens; one case Cotton Hosiery assorted; Ladies' Silk do.; one case Cotton Umbrellas; plain and figured Lawn; Sewing Cotton and Silk, and a variety of other articles, which he will sell very cheap for cash. N B A few chests Imperial, Hyson, and Young Hyson TEA of the best quality and latest importation, for sale by retail. April 15.
NOTICE. By mutual consent this day dissolves the copartnership of JOHN R. WADDEY, & CO. John R. Waddey is authorised to pay and receive the debts of the concern, to whom all persons having claims are desired to apply for payment; and those indebted, to close their accounts either by payment, note, or bond—no indulgence can be given but on specialities. James Lyon, John R. Waddey. Northampton Court House, Eastern Shore, 31st March, 1809 JOHN R. WADDEY Will continue the business. tm
RUSSIA and RAVENS DUCK of the very first quality, for Sale by C. & F. Whittle. April 15.
SPRING GOODS, WOOD and HASTINGS, Have just received a small supply of SEASONABLE GOODS, among which are, 4-4 Irish LINENS, part extra fine, 4-4 and 6-4 Cotton Cambricks, 7-8 and 4-4 Cotton Shirtings, Superfine and common Calicoes, Gingham; Madras Handkerchiefs, Fine Corded and Fancy Dimities, Mens' and Women's Cotton Hose; do. Silk do. Cotton Umbrellas; White Jeans, part very fine, Royal Cord and other fashionable Vestings, Plain and Fancy Muslins, Elegant worked Muslin Short Dresses; Seer Suckers, Nankeens; Kid Gloves; Mens' Buckskin do. BROAD CLOTHS. Best Superfine Black, Blue, Olive, Brown, Bottle Green, Drab, Mixed, &c Broad Cloths; middling and common do. One case Gentlemen's Silk Plush Hats. The above with our Goods on hand, comprise a very handsome assortment, and will be sold at low prices for Cash only. April 7.
Carolina PORK and LARD. 530 barrels of PORK, and 100 kegs of Lard—Just received and for Sale by Richard & John Taylor. April 19.
Green Coffee and Loaf Sugar. 20,000 lb. choice Green COFFEE, 8,000 do. first quality Philadelphia Loaf SUGAR. For Sale on reasonable terms by Donaldson, Thornburn, & Co. March 22.
LANDING On Southgate and Dickson's wharf, the CARGO of the British brig Alert, 123 punch's choice Grenada RUM. For Sale by William Dickson. April 4.
Wanted by the Subscribers, A quantity of OAK BARK, for which the following prices will be given, delivered at their Tan-Yard. For Spanish Oak, $ 12 per cord, Willow, do. 11 Red, do. 10 Young White, do. 8 William Plume, & Co. April 7.
Just Received, A parcel of very superior Muscovado SUGAR and best GREEN COFFEE. A few boxes Havana brown SUGAR, and 120 barrels WHISKEY—For Sale by Wilson & Cunningham. March 31.
Twenty Dollars For the apprehension of SAM, a negro man the property of the late Dr. Anthony T. Dixon, of Charles City, who broke prison in September last, and has been in Norfolk with a counterfeit pass, under the name of his mistress, Ann Dixon; he has been seen in York and Hampton, and in all probability in one of those places. He is tall and slim, very black, stoops forward, and moves in a limp. John Tyler. Richmond, March 16.

In our paper of Monday we published the sentence of the court, pronounced by Judge Washington, in the case of Michael Bright , and others. To-day, and to the exclusion of other subjects of interest, and some original matter, we present our readers with the charge to the Jury, delivered also by Judge Washington. Upon this triumph of the laws we congratulate the friends of republicanism.
LAW REPORT. —Our readers are already informed of the progress of the trial of Michael Bright and others, for opposing with arms the marshal of this district in an attempt to execute a writ issuing out of the district court of the United States. On Saturday afternoon, April 29, 1809, after hearing the evidence and the arguments of counsel, Judge Washington delivered to the Jury the very able and conclusive charge which is here subjoined.— [U. S. Gaz.]
In the circuit court of the United States for the Pennsylvania district, April session 1809, present Judges Washington and Peters.
United States, vs. Michael Bright, James Atkinson, Charles Westfall, Abraham Ogden, Charles Hong, Wm. Cole, Samuel Wilkins, Daniel Phlyle, John Knipe.
WASHINGTON, JUDGE, DELIVERED THE OPINION OF THE COURT.
Impressed with the magnitude of the questions which have been discussed, we could have wished for more time to deliberate upon them, and for an opportunity to commit to writing the opinion which we have formed, that it might have been rendered more intelligible to you, and less susceptible of being misunderstood by others. But we could not postpone the charge without being guilty of the impropriety of suffering the jury to separate after the arguments of counsel were closed, or of keeping them together until Monday; a hardship which we could not think of imposing on them. I shall proceed, therefore, to state to you, in the best way I can, the opinion of the court upon this novel and interesting case.
It may not be improper, in the first place, to refresh your minds with a short history of the transactions which have led to the offence with which these defendants are charged; and to consequences which might have been of serious import to the nation.
Gideon Olmsted and three others, having fallen into the hands of the enemy, during the latter part of the year 1778, were put on board the sloop Active , at Jamaica, as prisoners of war; in order to be conducted to New-York whither this vessel was destined with supplies for the British troops.
During the voyage, Olmsted and his companions, who had assisted in navigating the vessel, formed the bold design of taking her from the enemy; in which, with great hazard to themselves, they ultimately succeeded. Having confined in the cabin the officers, passengers, and most of the men, they steered for some port in the United States, and had got within five miles of Egg harbour, when captain Houston, commanding the brig Convention , belonging to the state of Pennsylvania, came up with them, and captured the Active as prize. The sloop was conducted to Philadelphia, and libelled in the court of admiralty, established under an act of the legislature of that state.
Claims were filed by Olmsted and his associates, for the whole of the vessel and cargo, and by James Josiah, commander of a private armed vessel, which was in sight at the time of the capture by Houston, for a proportion of the prize. Depositions were taken in the cause. A jury was impanelled to try it. The question of fact was, whether the enemy was completely subdued or not, by Olmsted and his companions, at the time when captain Houston came up with them. The jury, without stating a single fact, found a general verdict, for one fourth to Olmsted and his associates, and the residue to Houston and Josiah, to be divided according to law and to an agreement between them. From the sentence of the court upon this verdict, Olmsted appealed to the court of appeals in prize causes established by congress, where after a hearing of the parties the sentence of the admiralty court was reversed; the whole prize decreed to the appellants, and process was directed to issue from the court of admiralty, commanding the marshal to sell the vessel and cargo, and to pay over the net proceeds to those claimants. The judge of the court of admiralty refused to acknowledge the jurisdiction of the court of appeals over a verdict found in the inferior court; directed the marshal to make the sale and to bring the proceeds into court. This was done; and the judge acknowledged the receipt of the money, on the marshal's return. In May 1779, George Ross, the judge of the court of admiralty, delivered over 40 L. Rittenhouse , treasurer of this state, 11,496. 99 in loan office certificates issued in his own name, being the proportion of the prize money to which the state was entitled by the sentence of the inferior court of admiralty. Rittenhouse at the same time executed a bond to Ross, obliging himself, his heirs, executors, &c. to restore the sum so paid in case Ross should, by due course of law, be compelled to pay the same according to the decree of the court of appeals.
In the condition of this bond, the obligor is described as being treasurer of the state; and the money is stated as having been paid to him for the use of the state. Indents were issued to Rittenhouse on the above certificates, and these were afterwards funded, in the name of Rittenhouse for the benefit of those who might eventually appear to be entitled to them. After the death of Rittenhouse , these certificates, together with the interest thereon which has been received, came to the hands of Mrs. Sargeant and Mrs. Waters, his representatives. The paper which covered the certificates was endorsed in the hand writing of Mr. Rittenhouse with a memorandum declaring that they will be the property of the state of Pennsylvania when the state released him from the bond he had given to George Ross, judge of the admiralty, for paying the fifty original certificates into the treasury as the state's share of the prize. No such release ever was given. The certificates thus remaining in the possession of the representatives of Rittenhouse , Olmsted filed his libel against them in the district court of Pennsylvania, praying execution of the decree of the court of appeals. Answers were filed by these ladies; but no claim was interposed nor any suggestion made of interest on the part of the state, and in January 1803, the court decreed in favour of the libellants. On the second of April in the same year, the legislature of Pennsylvania passed a law authorising the attorney general to require Mrs. Sargeant and Mrs. Waters to pay into the treasury the money acknowledged by them in their answer in the district court to have been received, without regard to the decree of that court; and in case they should refuse; that a suit should be instituted against them in the name of the commonwealth for the said monies. The governor was also required to protect the just rights of the state by any further measures he might deem necessary; and also to protect the persons and property of those ladies from any process which might issue out of any federal court, in consequence of their obedience to this requisition; and further
should give them a sufficient instrument of indemnification in case they should pay the money to the state. No further proceedings took place in the district court, for some time after the passage of this law. And when at length an application was made for process of execution.
The judge of that court, with a very commendable degree of prudence, declined ordering it; with a view to bring before the supreme court of the United States a question so delicate in itself, and which was likely to produce the most serious consequences to the nation. Upon the application of Olmsted, the supreme court issued a mandamus to the judge of the district court, commanding him to execute the sentence pronounced by him in that case; or to show cause to the contrary. The reasons for withholding the process assigned in answer to this writ, not being deemed sufficient by the supreme court a peremptory mandamus was awarded. It may not be improper here to state that no person appeared in the supreme court on the part of the state or on that of Mrs. Sargeant and Mrs. Waters, and that no arguments were offered on the part of Olmsted. The idea which I understand has gone abroad that the mandamus was awarded upon the single opinion of the chief justice is too absurd to deserve a serious refutation. No instance of that sort ever did or could occur, and in this particular case, I do not recollect that there was one dissenter from the opinion pronounced.
Process of execution having been awarded by the judge of the district court in obedience to the mandamus, the defendant, general Michael Bright commanding a brigade of the militia of the commonwealth of Pennsylvania, received orders from the governor of the state—"Immediately to have in readiness such a portion of the militia under his command as might be necessary to execute the orders, and to employ them to protect and defend the persons and property of the said Elizabeth Sargeant and Esther Waters from and against any process founded on the decree of the said Richard Peters , judge of the district court of the United States aforesaid; and in virtue of which any officer under the direction of any court of the United States may attempt to attach the persons or property of the said Elizabeth Sargeant and Esther Waters ."
A guard was accordingly placed at the houses of Mrs. Sargeant and Mrs. Waters, and it has been fully proved, and is admitted, that the defendants with a full knowledge of the character of the marshal of this district and of his business, his commission and the process which he had to execute having been read to them, opposed with muskets and bayonets, the persevering efforts of that officer to serve the writ; and by such resistance prevented him from serving it.
There is no dispute about the facts—The defendants have called no witnesses—and their defence is rested upon the lawfulness of the acts laid in the indictment. They justify their conduct upon two grounds—1st. That the decree of the district court under which the process issued was coram non Judice , and to all intents and purposes void; and 2dly, That though it were a valid and binding decree, still that they cannot be questioned criminally for acting in obedience to the orders of the governor of this state.
The decree of the district court is said to be void, for two reasons; first, because the court of appeals had not a power to reverse the sentence of the court of admiralty founded upon the verdict of a jury; and 2dly, because the state of Pennsylvania claims an interest in the subject which was in controversy in the district court.
The first question is, was the decree of the court of appeals void for want of jurisdiction of the case in which it was made? But first let me ask; can this be made question, at the present day, before this or any other court in the United States? We consider it to be so firmly settled by the highest judicial authority in the nation, that it is not now to be questioned or shaken. The power of the court of appeals to re-examine and reverse or affirm the sentence of the courts of admiralty established by the different states, though founded upon the verdicts of juries, was first considered and decided in the case of Don and Penhallow , in the supreme court of the United States. The jurisdiction of that court to re-examine the whole cause as to both law and fact, was considered as resulting from the national character of an appellate prize court, and not from any grant of power by the state from whose court the appeal had been taken. The right of the state to limit the court of appeals in the exercise of its jurisdiction, was determined to be totally inadmissible.—The same question was considered by the supreme court upon the motion for the mandamus, and decided to be settled and at rest. If it were necessary to give further support to the authority of these cases, the opinion of the supreme court of Pennsylvania in Ross's executors vs. Rittenhouse , and the unanimous opinion of the old congress, with the exception of the representatives of this state, and one of the representatives of New-Jersey might be mentioned. If reasons were required to strengthen the above decisions, those assigned by the committee of congress upon the case of the Active are believed to be conclusive.
But I think it will not be difficult to prove that the law of Pennsylvania passed the 9th of September, 1778, establishing a court of admiralty in that state, neither by the terms of it, nor by a fair construction of its meaning, was intended to abridge the jurisdiction of the court of appeals in cases like the one under consideration. The words are, "that the jury shall be sworn or affirmed to return a true verdict upon the libel according to evidence; and the finding of the jury shall establish the facts without re-examination or appeal." The obvious meaning of this provision was, that if the jury found the facts upon which the law was to arise, those facts were to be considered as conclusive by the appellate court, and not open to re-examination by the judges of that court; the legislature thinking it, no doubt, most safe to intrust the finding of facts to a jury of twelve men. But what was to be done, if the jury found no facts, as was the present case? If the appellate court were precluded from an inquiry into the facts, affirmance of the sentence appealed from would be inevitable. This absurdity then followed—In all cases it was necessary to impanel a jury to establish the facts, and in all cases, without exception, the party thinking himself aggrieved might appeal. But in every case where the jury chose to find a general verdict, the sentence appealed from must of necessity be affirmed. I cannot believe that this was the meaning of the legislature; and I do not think that the words of the law will fairly warrant such a construction.
Let me then put this question seriously to the jury: Will they have the vanity to think themselves wiser than all those who have passed opinions upon this important question of law? and will they undertake to decide that those opinions were erroneous? Miserable indeed must be the condition of that community where the law is unsettled, and decisions upon the very point are disregarded when they again come, directly or incidentally, into discussion. In such a state of things good men have nothing to hope, and bad men nothing to fear. There is no standard by which the rights of property, and the most estimable privileges to which the citizen is entitled can be regulated. All is doubt and uncertainty until the judge has pronounced the law of the particular case before him; but which carries with it no authority as to a similar case between other parties.
But suppose for a moment, against the settled law
upon the point, that the court of appeals had not a power to re-examine the verdict of the jury in the case of the Active ; and on that account that the decree of the district court, in opposition to that of the court of admiralty was erroneous, it does not therefore follow that the district court had no jurisdiction of the case on which this process issued. If erroneous, it could only be re-examined and corrected in a superior court. But if the subject depended upon a question of prize or no prize, it was completely within the cognizance of the district court by the constitution and laws of the United States; the former of which grants to the federal courts, and the latter to the district courts, cognizance of all civil causes of admiralty and maritime jurisdiction.—This is such a case; and we consider that circumstance to be decisive of the first point. We are happy on this occasion, as we are upon all others, to coincide in opinion with the learned and respectable gentleman who presides in the supreme judiciary of this state.
The next ground of objection to the jurisdiction of the district court is, that the state of Pennsylvania claimed an interest in the subject in dispute between the parties to that cause.
The amendment to the constitution upon which this question occurs, declares, that "the judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States, by citizens of another state, or by citizens or subjects of any foreign state." It is certain that the suit in the district court was not commenced or prosecuted against the state of Pennsylvania—She was in no respect a party to that suit. But it is contended that under a fair construction of this amendment, if a state claims an interest in the subject in dispute, the case is not cognizable in a federal court. In most cases it will be found that the soundest and safest rule by which to arrive at the meaning and intention of a law, is to abide by the words which the law maker has used. If he has expressed himself so ambiguously that the plain interpretation of the words would lead to absurdity, and to a contradiction of the obvious intention of the law, a more liberal course may be pursued. But if upon any occasion the strict rule should be observed, it ought to be in expounding the constitution; although I do not mean to say that even in that case this rule should be inflexible. Every reason is opposed to the construction contended for by the defendants' counsel; and, to our apprehension, there is not one sound reason in favour of it.—If the title to the thing in dispute be in the state, and this is made to appear to the court, it is inconceivable that the plaintiff should recover so as to disturb that right. But if he should recover, the state would not be bound by the judgment not being a party to it. This is by no means a new case.—If one individual obtains a judgment or decree against another, the interest of a third person, not a party, will not be bound or prejudiced by the decision; but he may nevertheless assert his right in a court of justice against the party in possession of the property to which he claims title. The state cannot be forced into court; but she may come there, if she pleases, in pursuit of her rights, and will no doubt do so upon all proper and necessary occasions. But if on the other hand, the mere claim of interest by a state in the subject in dispute between two citizens can have the magick effect of suspending all the functions of a court of justice over that subject, and of annihilating its decrees when pronounced, this effective and necessary branch of our government, and of all governments, may be rendered useless at any moment, at the pleasure of a state. If the suit be prosecuted against a state, the court perceives at once its want of jurisdiction, and can dismiss the party at the threshold.
But if a latent claim in the state, not known perhaps by any of the litigant parties, is sufficient to oust the jurisdiction, to annul the judgment when rendered, and to affect all the parties concerned with the consequences of carrying a void judgment into execution, the federal courts may become more than useless—they will be traps in which unwary suitors may be ensnared to their ruin. To illustrate this position the district attorney mentioned many very strong and very supposable cases. I will add one other. A sues B, for a debt, or for property either real or personal in his possession. Conscious that he must pay the money, or lose his possession in consequence of the unquestionable title of his adversary, B pays over the money, or conveys the property even pending the suit, to a third person, for the use of the state, and by this operation arrests the further progress of the suit, or avoids the judgment whenever it shall pass. A doctrine so unjust, and big with consequences so alarming, and so fatal to general government should have strong and unequivocal words to support it. The court would be very mischievously employed in supplying them. We should convert this amendment, this sacrifice made to state pride, into an engine to demolish altogether one of the essential branches of the general government.
To this branch of the argument, therefore, the answer is short but conclusive. The state is not a party, and she has no interest in the subject in dispute in the district court. The decree of the court of appeals extinguished the interest of Pennsylvania in any share of the Active and her cargo and vested the full right to the whole in Olmsted and his associates, who might rightfully follow that part of the proceeds which came into the hands of the representatives of Rittenhouse , who held them as stakeholders for whoever might have title to them. Rittenhouse himself held them in his private capacity and not as treasurer, for his individual security against the bond given to Ross, and which was still outstanding when this decree was rendered. I know not how this part of the subject can be made plainer.
There is another objection to the argument drawn from the interest of the state, which was not satisfactorily answered by Mr. Ingersoll , to whom it was stated by the court during this discussion. By the constitution of the United States, the judicial power extends to all controversies between a state and citizens of another state, whatever might be the nature of the controversy, and no matter as to the court to which the cause might be assigned by the legislative distribution of the judicial powers. That amendment declares that the above provision shall not be construed to extend to any suit in law or equity commenced or prosecuted against a state by a citizen of another state or an alien. This was not a suit in law or equity; but in a court of the law of nations and in a case of admiralty and maritime jurisdiction. The question put to the learned counsel, was, "is such a case excluded from the cognizance of the district court by this amendment?" The answer given was that the amendment ought to be so construed, this case being equally within the mischief meant to be remedied, that is—the court is bound to supply the words "or to cases of admiralty and maritime jurisdiction." Would we be justified by any rule of law in admitting such an interpolation, even if a reason could not be assigned for the omission of those words in the amendment itself? I think not. In our various struggles to get at the spirit and intention of the framers of the constitution, I fear that this invaluable charter of our rights would, in a very little length be so disfigured that its founders would recollect very few of its original features. But there appears to be a solid reason for the limitation of the amendment to cases at law and in equity. And this will throw some light upon the preceding branch of this argument. Suits at law and in equity cannot be prosecuted against a state without making her a party, and the judgment acts directly upon her. But in what manner was the even man to be made effectual? The subject was a delicate one, and it was thought best to avoid having it practically tested. But in cases of admiralty and maritime jurisdiction, the property in dispute is generally in the possession of the court or of persons bound to produce it or its equivalent, and the proceedings are in rem . The court decides in whom the right is, and distributes the proceeds accordingly. In such a case the court need not depend upon the good will of a state claiming an interest in the thing, to enable it to execute its decree. All the world are parties to such a suit, and of course are bound by the sentence. The state may interpose her claim and have it decided.
But she cannot lie by, and after the decree is passed say she was a party, and therefore not bound for want of jurisdiction in the court. This doctrine in relation to the proceedings of a court of the law of nations, and in which all nations are interested might be productive of the most serious consequences to the general government, to whom is confided all our relations with foreign governments. As at present advised, then we think that the amendment to the constitution does not extend to suits of admiralty and maritime jurisdiction. The second ground of justification is founded upon the orders of the governor of this state; issued, as it is contended under the sanction of a law of the state. Whether the true meaning of that law has been mistaken or not, it would perhaps ill become this court to decide; but it will not, I trust, be deemed indecorous if we express a hope that it was so. It is more agreeable to think that an individual should have been mistaken in his judgment (and in this case we are bound to think that the error, if any, was not of the heart) than that the legislature should have intended so open an attack upon the constitution and government of the United States.—But if such was the design of the law, we must lament the circumstance, and must, without reserve, pronounce it to be unconstitutional and void. Upon what is the law predicated? Upon the invalidity of the sentence of the district court. But have the people of the United States confided to the legislatures of the states, or even to that of the United States, the power to declare the judgments of the national courts null and void? could such a power be granted to them, without sapping the foundations of the government, and extinguishing the last spark of American liberty? It is a truth not to be questioned, that the power to declare the judgments of your courts void, can never be safely lodged with a body who may enforce its decision by the physical force of the people. This power necessarily resides in the judicial tribunals and can safely reside no where else.—Whether a state court is competent to declare a judgment of a federal court void for want of jurisdiction, need not now be considered. It may, however be observed, that admitting the right in the first instance, the ultimate decision of the question belongs to the supreme judicial tribunal of the nation, if that decision be required, for the judicial power extends to all cases arising under the constitution and the laws of the United States, made in pursuance thereof; and the 25th section of the judicial law, with a view to secure to the national judiciary this important privilege, vests in the supreme court a power to review and affirm or reverse the decision of the highest court of law or equity in a state, where a question depending upon the construction of any clause in the constitution, treaty or statute of the United States had been decided against the title. &c. claimed under the constitution, &c. It seems, however, that this power is considered as being unsafely lodged in the national courts, because it may be abused for the purpose of drawing every case into the vortex of the federal jurisdiction. Whence can arise this jealousy? Is it the judges of these courts, or of any courts an interest in extending the sphere of their jurisdiction? Quite otherwise; as the jurisdiction of the court is abridged, the labour of the judge is diminished. Is it a privilege which is claimed for the advantage of the court, or of the individuals who compose it? By no means. It is the privilege of the citizen, and as long as I have the honour of a seat on the bench, I will consider myself as one of the guardians of this privilege (a very feeble one I acknowledge) and with a steady and unvarying eye fixed upon the constitution as my guide, I shall march forward without entertaining the guilty wish to limit this privilege where the citizen may fairly claim it, or the desire not less criminal to enlarge its boundaries because it is claimed. If then the validity of the decree of the district court be established upon the ground of reason—upon the basis of the constitution—In part upon the opinion of congress and decisions of the supreme federal and state courts more than once given, what follows? That the governor of this state had no power to order the defendants to array themselves against the United States, acting through its judicial tribunals, and the legislature of the state was equally incompetent to clothe him with such a power, had it so intended. The defendants were bound by a paramount duty to the government of the union, and ought not to have obeyed the mandate. There were but two modes by which the general government could assert the supremacy of its power on this occasion—by the peaceful interference of the civil authority, or by the sword. The first has been tried and the defendants are now called to answer for their conduct before a jury of their country.—Will any man be found bold enough to condemn this mode of proceeding, or complain that this alternative has been chosen? But if the accused can plead the orders of the governor, as a justification of their conduct and if the sufficiency of such a plea is established, the civil authority is done away, its means are inadequate to its end, and force must be resorted to. Are we prepared for such a state of things? The doctrine appears to be monstrous; the consequences of it terrible. We regret that it was broached.—It was contended that in a case where a state government authorises resistance to the process of a federal court, though it is
"It is unnecessary for me to give any opinion concerning the right of the old court of appeals to reverse the decision of justices, contrary to the provisions of the act of assembly of Pennsylvania, under which the state court of admiralty was instituted. That it is the point which occasioned so much jealousy and heart-burning between several of the states and the old congress—it divided the opinions of many men of unquestionable talents and integrity, and certainly was a question of no small difficulty.—But the state of Pennsylvania having ratified the present constitution, did thereby virtually invest the courts of the United States with power to decide this controversy. They have decided it, and being clearly within their jurisdiction, I am not liberty to consider it as now open to discussion. The supreme court of the United States has more than once decided, that the old court of appeals had the power to reverse the verdicts of juries, notwithstanding the law of any state to the contrary. From the establishment of this principle, it irresistibly results, that Gideon Olmsted and his associates, were entitled to the whole proceeds of the Active and her cargo, and may pursue them in whatever hands they may have fallen, unless indeed they have fallen into the hands of persons not subject to an action in the courts of the United States."
[Chief Justice Taughman's opinion on the writ of habeas corpus, &c.]

court had competent jurisdiction, the only remedy in such an emergency is negotiation. If there were no federal, no common head, this position might be admitted, and on the failure of the negotiations, the ultima ratio must be resorted to. But under our constitution of government which declares the laws of the United States, made in pursuance of that instrument, the supreme law of the land, and which vests in the courts of the United States jurisdiction to try and decide particular cases. I am altogether at a loss to conceive how in the case stated, negotiations between the general and paramount government in relation to the powers granted to it, and a state government can be necessary, and could even be proper. I speak not of the power , but of the right of resistance.
But it is contended that the defendants, standing in the characters of subordinate officers to the governor and commander in chief of the state, were bound implicitly to obey his orders; and that although the orders were unlawful, still the officer and those under his command were justifiable in obeying them. This argument is imposing, but very unsound. In a state of open and public war, where military law prevails, and the peaceful voice of municipal law is drowned in the din of arms, great indulgencies must necessarily be extended to the acts of subordinate officers done in obedience to the orders of their superiors.
But even there the order of a superior officer to take the life of a citizen, or to invade the sanctity of his house, and to deprive him of his property, would not shield the inferior against a charge of murder or of trespass in the regular judicial tribunals of the country.
In the case of Little and Bareme, the supreme court felt every motive which could affect them as men, to excuse an unlawful act performed by a meritorious officer. He was at sea, without the possibility of consulting with counsel or others, as to the legality of the act he was about to execute, and which appeared to him to be authorized by the chief executive magistrate of the nation, in the instructions received from the navy department. Notwithstanding all those powerful pleas in his favour; pleas which were addressed strongly to the feelings of those who were to decide on his case, the supreme court conceived that the law of the land did not warrant the instructions given and consequently that the officer was not justified in what he did. I am not sure, but I am inclined to think that he afterwards obtained relief from congress.
This is said to be a hard case, upon the defendants, because if they had refused obedience to the order of the governor they would have been punished by the state. I acknowledge it is a hard case, but with this you have nothing to do, if the law is against the defendants. It may however be observed that had the defendants refused obedience and been prosecuted before a military or state court, they ought to have been acquitted upon the ground that the orders themselves were unlawful and void, and we ought of course to suppose that they would have been acquitted.
We enter not into the political discussions which have been so ably conducted on both sides; but we admonish you to discard from your minds all political considerations; all party feelings, and all federal or state prejudices. The questions involved in this case are in the highest degree momentous, and demand a cool and dispassionate consideration. We rely upon your integrity and wisdom for a decision which you can reconcile to your consciences, and to the duties which you owe to God and to your country.
BOSTON, May 4.
The following articles are extracted from a letter, which was yesterday received by the editors of the Palladium, from their Correspondent at Halifax, dated April 27.
"The ship Mary Ford, arrived yesterday from Liverpool, in 32 days. She brings London papers to the 23d ult."
"The duke of York, though supported by his numerous friends in the house of commons, has found it most prudent to resign the office of Commander in Chief . This resignation has been accepted by his majesty."
"The Peacock sloop of war, from Lisbon, fell in with the Figard frigate from Cadiz 24th Feb. and was informed, that in the insurrection which lately took place at Cadiz, Don Juan Herida, was killed on the 23d—that the marquis de Villel, representative of the Supreme Junta at Cadiz, was closely confined in the Capuchin Priory; and that gen. Caraffa was in hourly expectation of death; that the English were in high favour, and the Spaniards anxious for the British troops to land; that the people were much dissatisfied with their leaders, and full of enthusiasm against the French."
"London Globe Office, March 23, 2 o'clock, P. M. —The Telegraph has just announced, that a Courier is on the road with important dispatches from Spain, who may arrive in town in the course of the day."
"Government have received dispatches by the Statura and Peacock, communicating the favourable appearances in Spain."
"The French have been driven out of Vigo by the inhabitants, en masse , with bayonets, daggers, bludgeons, &c. Great numbers were massacred."
"The reports of Austria opposing France seem to gather strength—though no act of hostility has taken place. Russia still keeps aloof, undetermined, whether to join Austria or France in the war."
"Further reinforcements are to be sent to the South of Spain."
"Buonaparte was in Paris at the last dates."
"Sir David Dundas holds the office of commander in chief, at present; though it is highly probable, that the office will in a short time, be put in the hands of commissioners, somewhat similar to the admiralty."
"Regular convos are established by the admiralty to and from North America, to sail from England 20th March; April 16, May 10, June 10, July 10, August 5; and from Halifax and Quebec, 15th of each month to October. Also from Halifax to the West Indies, windward and leeward, monthly, and back again."
Cockpit, Whitehall, Feb. 21.
Before the most noble and right hon. the lords commissioners of appeals in prize causes.
John Wharton, Turner master.—This vessel, under American colours, laden with a cargo of coffee, and bound on a voyage from Laguira, as asserted, to Philadelphia, but actually to St. Thomas's, was captured on the 12th of Feb. 1807, by a private ship of war Ambuscade, Francis Coque Frett, commander, and carried to Tortola, where finally the ship and cargo were condemned in the vice-admiralty court thereof. On the part of the captors was alleged, that the going to St. Thomas's was an illegal destination; but independent of that, it was manifest, fraud had been practised by the supercargo on board the vessel. Their lordships, after hearing counsel on the part of the claimants affirmed the sentence of the court below, and condemned in the costs of appeal.
Last last evening at the Theatre, A GOLD FRENCH WATCH, No. 1285, with the letters J. D. on the pendant; a hair chain a key, and a seal, G. S. W. marked on it. TEN DOLLARS reward will be given to the finder, by Captain Dulton.
THE PUBLICK LEDGER.
FRIDAY EVENING, MAY 12 1809.
Arrived this morning the schooner Catharine Shepherd, capt. Webb, in 11 days from St. Bartholomews, he left there about 250 sail of American vessels;—four nine to ten dollars per barrel.
Capt. Webb informs us that on the night of the 2d of April, the French fleet that were blockaded in the Salties by the British fleet, under admiral Cochrane, made their escape in a heavy squall; they were pursued by the British, and it was reported that admiral Cochrane was seen in sight of them. The British took possession of the Salties after the escape of the French fleet, and after losing a great number of men.
HIGHLY IMPORTANT!
We have the pleasure of communicating to the publick, at the instance of general Turreau, the minister plenipotentiary of France, the following official document relative to a subject interesting to science and humanity. It is particularly worthy of the notice of such physicians in this country, as have written or contemplate writing, on the nature of the CROUP. [Nat. Intel.]
[TRANSLATION.]
MINISTRY OF THE INTERIOR.
The Minister of the Interior, Comte de l'Empire , having considered the notice decreed on the 21st July, 1807, for the competition opened by order of his Majesty the Emperor and King on the subject of the disorder known under the name of the CROUP; after having consulted the Medical College at Paris; decrees as follows:
Art. 1. The time fixed on the 1st January, 1809, for the competition upon the subject of the Croup, is prorogued till the 31st July in this year.
Art. 2. Those physicians who have already addressed their treatises to the French minister, may withdraw them, if they think proper, for revision. They need only note the time of sending memoirs and the motto or device with which they are prefaced or headed as a distinctive mark.
Signed,
CRETET.
Paris, 17th January, 1809.
True Copy,
TURREAU, Min. Plen. of France.
When the preceding article, with the caption (except the words "Highly Important" which we added) caught our attention, we made sure from the great names prefixed to it, that it was really something "highly important," as we news-mongers are apt to say. We expected that the decrees were revoked, compensation for ships burned, release of our fellow-citizens from the prisons of Arras, or something which was interesting in a high degree.—When lo! we found that general Turreau, had officially informed the good people of the United States, that his master, after consulting "The Medical College at Paris" has fixed on the 31st of July next, for deciding on such memoirs, as have been, or may be before that day, written upon the subject of the disorder called the Croup . And moreover that those who have written may withdraw, and revise their treatises. Now if the minister had communicated a copy of some treatise on the subject of the disorder in question, which treatise had been approved by the Medical College at Paris, we should have been one who would have acknowledged the bounty of his Imperial Majesty; but really when the citizens of the United States are suffering under the effects of his decrees, burnings and imprisonments, it looks a little like guzzing , to be so gravely informed, that his majesty, is endeavouring to find out a remedy for the Croup.
PEACE! PEACE! PEACE!
INTERESTING!!
The following circular is be forwarded by the governor of this Commonwealth, to the officers commanding its detachment of the requisition of 100,000 troops, for the use of the United States.
RICHMOND, May 5th, 1809.
SIR, I have great pleasure in forwarding to you the enclosed communication from the secretary of war, and have to request that the wishes of the president of the United States, therein contained, may be fully complied with: To that end I send you a copy of the said communication, for each of the commanders of regiments within your brigade.
Accept my hearty congratulations on the late happy change of prospect with respect to our foreign relations; and permit me to hope that on all occasions similar to the one which produced the late call for a portion of our citizen soldiers to be held in readiness to take the field, the militia of Virginia will, as they always have done, promptly step forward in vindication of her national rights and honor: Effectually to do so, it is necessary that no relaxation of effort to obtain military knowledge should be permitted to take place in consequence of present pacific appearances. I have therefore, (and I trust it will not be deemed unreasonable) to exhort my fellow citizens of the militia, zealously to employ themselves in the acquisition of a knowledge of that art which may be their greatest security in the day of battle.
I am, with great respect, Sir, Your obedient servant, (Signed) JNO. TYLER. Brigadier General
(CIRCULAR.)
His Excellency, the Governor of Virginia.
WAR DEPARTMENT, 29th April, 1809.
SIR, I am directed by the President of the United States to inform your excellency that the detachment of 10,198 militia, made in pursuance of a communication to your excellency from this department, bearing date the 29th day of October, 1808, is no longer required to be held in readiness for actual service.
In the orders which your excellency will give for discharging the troops from that service, it is requested by the President that his thanks may be presented to those corps whose patriotism has induced them to volunteer their services to the U. States.
I have the honor to be, Very respectfully, Your obedient servant, WILLIAM EUSTIS, Secretary for the Department of War.
New York, May 8.
The ship Ann, which arrived at this port on Sa-
ditor of the Mercantile Advertiser with London papers to the 25th of March, inclusive. They do not however contain much news of moment, as will appear by the following articles, which are selected as the most prominent.
LONDON, March 25.
Letters dated the 21st inst. have been received from Holland. They do not corroborate the previous account received through the same channel, of hostilities having actually commenced between Austria and France. The extreme caution they observe in advertising to the occurrences in Germany is proof of the rigorous precautions which have been adopted to prevent intelligence of the real state of that country being transmitted to this. By a comparison of their contents, the following particulars may however be collected and relied on. The Austrian armies are universally in motion; and are far more numerous, formidable, and better organized, than they have been represented in the papers under the control of the tyrant. They have arrived before now, amply and better supplied than in any former campaign, with every article essential to a rigorous prosecution of hostilities, at their respective places of destination, and probably sustained already the first shock of the enemy. The nomination of the Archduke Charles to the chief and uncontrolled command of the respective armies, has produced the highest confidence in the officer and soldier, and diffused among every class of Austrian subjects, the most sanguine hopes of success. He places himself at the head of that force wherever it may be, which shall be opposed to that commanded by Buonaparte in person. The highest unanimity prevails in every province in Austria, and a cheerful submission to the measures, proposed by government in this important juncture, distinguishes the conduct of the peasant, as well as that of the nobleman and merchant. The militia evinces as much zeal and alacrity as regular corps; and, the Hungarians, so often a terror, and in a crisis almost equally dangerous, the last prop of empire, display as much ardour on the present occasion, as they did in that memorable one, when they stepped forward to support the rights of Maria Theresa against the united efforts of France, Prussia, Spain and Bavaria.
Ministers have received information of an entire change in the commercial system of the United States with regard to this country. The embargo is rescinded, with the understanding, that his majesty on the notification of this arrangement, will repeat the orders in council, so far as their operation extends to the American republick. We most anxiously hope, for the sake of the vast mercantile interests connected with this subject, that such a concession on the part of America, is founded on an explicit communication, as to the intentions of Great Britain, and that the confidence generously reposed in them will not be disappointed.
It is strongly reported that, instead of a proclamation by the emperor Francis, France had declared war against Austria, and that the declaration was published at Paris on the 17th.
The treaty between Great Britain and Spain, we understand, was signed on Wednesday; but some articles not yet precisely adjusted, are left for future arrangement.
It is stated that Vigo and some other harbours of Galicia, are now open to English ships. The communication with the ports of Asturias has not been obstructed by the enemy since his appearance on the northern shores of the Duero.
Don Jose Herida, who was lately massacred at Cadiz, was a cousin of the prince of peace, and was by him promoted to the office of collector of publick rents and customs. He was a man held in general detestation; and until he was raised by his cousin to a trust both lucrative and respectable, was only known as a smuggler.
We understand that the 3d, 4th and 10th regiments of cavalry are immediately to be embarked for Lisbon, and these are to be followed by the heavy horse of the German Legion.
The princess Eliza, as she is termed by Buonaparte, and whom he has declared arch-duchess of Tuscany, with the title of "Imperial Highness," is the favourite sister of the Corsican. In St. Domingo, while her first husband, Le Clerc, governed and desolated that beautiful island, she amassed an immense fortune, which, together with her connexions procured a her a second husband, the prince Borghese. During her residence some years ago at Paris, madam Buonaparte and she were known to live on the worst terms. This revolutionary princess is nearly forty years of age, possessed of no personal attractions, but acute, high-spirited, rapacious, and fond of dominion. The Tuscans universally deprecate her arrival among them at Florence.
LOWER RHINE, March 12.
A dreadful storm is again gathering over the continent of Europe, and I doubt whether at any time before such numerous corps of troops were at once in motion, as at this present moment. The armies of France and her allies, which are actually already marching against Austria, may, without the least exaggeration, be estimated at 500,000 men. It is not equally easy to ascertain the real military force of Austria; but there cannot remain a doubt of its being also very formidable.
Gazette Marine Memoranda.
ARRIVED.
Sch't Jane, Vanspel, 4 days from New-York. Brig Louisiana Packet, Wheelock, 15 days from Trinidad, (Cuba) Sugar, Jennings and Roddey. Brig Fame, Stone, 11 days from Havana, Sugar, and Coffee, Moses Myers & Son.—Left sch't Caroline, Davis, of this port, to sail in 4 days. Sch't Catharine Shepherd, Webb, 11 days from St. Bartholomews, Rum, Sugar and Coffee, Harrison Almond.—Left there brig George, Cox; Virginia, Waughop; and the sch't Caroline, Hopkins, all of this port. The ships Artic, Davis; Elizabeth, —; Brig Elizabeth Ann, Skinner; and sch'ts Mohawk, Cowper; and Harriot, Butler, from this port, have all arrived at St. Jago de Cuba.
PORT OF NORFOLK AND PORTSMOUTH.
CUSTOM-HOUSE—ENTERED.
Brig Louisiana Packet, Wheelock, Trinidad. Fame, Stone, Havana. Juno, Greenleaf, Boston. Sch't Betsey, Baker, do. Jane, Vanspel, New-York.
CLEARED.
Ship Protectress, Melson, Gotttenburgh. Brig Spanish Lady, Hurst, New Orleans. Sch'ts Victore, Chambers, New York. Union, Sibby, Boston. Norfolk, Dingle, Baltimore. Sloop Connecticut, Appleby, New York. Eliza, Pratt, ditto.
IRISH LINENS.
200 pieces of low priced 3-4 and 7-8 Irish LINENS, For Sale by R. & J. Taylor.
NORFOLK THEATRE.
The Publick are respectfully informed, that in consequence of an arrangement for the season, the stay of the Company in Norfolk will be necessarily short, during which time, in hopes to afford general satisfaction, a New Production will be given each Night of Performance—Nor will there be any postponement on account of weather.
To-Morrow Evening, May the 13th, Will be presented, (ever performed here) a celebrated Comedy; called
TOWN AND COUNTRY.
Reuben Glenroy, Mr. Young; Tom, Mr. Clark; Cosey, Mr. Green; Plaskett, Mr. Fox; Rev. Owen Glenroy, Mr. Clough; Captain Glenroy, Mr. Spear; Hawbuck, Mr. West; Armstrong, Ross, Mr. Ringwood; Williams, Mr. Byrne; Stett, Mr. Utt.—Honourable Mrs. Glenroy, Mrs. Placide; Rosalie Somers, Mrs. Young; Mrs. Frot, Mrs. Clark; Mrs. Moreen, Mrs. Simpson; Gussy Hawbuck, Mrs. Utt; Taffine, Miss Placide.
To which will be added a favourite entertainment, called
THE WEATHERCOCK.
Old Fickle, Mr. Ringwood; Tristram Fickle, Mr. Fox; Surer, Mr. West; Brufwit, Mr. Clark; Haudressee, Mr. Utt; Gardner, Mr. Clough; Struani, Mr. Byrne—Variella, Mrs. Placide; Charlotte, Mrs. Clark.
Doors to be opened at 6, and the curtain to rise precisely at 7 o'clock.
Tickets to be had at the Office of the Theatre. Subscribers will please send as usual to Mrs. West for their Tickets.
Sales at Auction.
Sale of Pews in Christ's Church. On Tuesday, 23d of May, at eleven o'clock in the forenoon, the following Pews will be Sold to satisfy a claim on ground rent, unless the money due from the owners of said Pews is paid before the said 23d this month—viz. Nos. 45, 24, 10, 27, Gallery Pews. Nos. 60, 43, 41, 24, 62, 61, 8, 32, 33, 37, 59—Pews below Stairs. W. C. Moore, D.D. For Samuel Moseley, Sergeant.
April 12. On Friday next, the 19th instant, At XII o'clock.
Will be Sold without reserve, at James Young's new wharf, The elegant New Ship HERALD, copper fastened, with all her tackle as she lies, as per inventory, which will be exhibited. Terms, one sixth Cash; one sixth 60, 90, 120, 150, and 180 days, approved endorsed notes. S. MARKS, Jun.
May 12. For Liverpool, The fine new Ship Justin, Edward Howe, Master, having a considerable part of her freight engaged; for the balance, apply to A. MACLURE.
May 12. For a Port in Ireland the fast-sailing copper bottomed Ship DESTINY, Captain Bernard, to sail the 10th June, has good accommodations. For passage only, apply to the captain on board, or Robert Maitland, Esqle.
May 12. FOR SALE, The Cargo of the Brig Fame, John Stone, Master, from Havana, consisting of White and Brown Sugar in boxes, Prime Muscovado do. in hogsheads, Prime Green Coffee in bags, and 40 hds. Molasses. Moses Myers & Son.
May 12. FOR RENT, That large and commodious Three Story Fire Proof House, on Wide Water-Street, at the head of Rothery's wharf, lately occupied by Messrs. Troble and Arbuthnot & Co. as a Shipchandlery Store. Apply to Selias M'Pherson.
AN ORDINANCE.
For extending the benefits of VACCINATION, and to prevent the spreading of the Small Pox, by inoculation, or otherwise.
WHEREAS, by an act of the General Assembly, passed the 21st day of December, 1792, persons wilfully or designedly introducing the Small Pox by inoculation or otherwise, within this Commonwealth, are subject to heavy penalties, unless they shall have obtained the necessary licence for that purpose.
Be it therefore ordained by the Common Council of the Borough of Norfolk in Common Hall assembled, That in aid of the act of assembly, before named, any Physician, Doctor or other person, presuming to introduce the Small Pox by inoculation, or otherwise, within the limits of this Borough, without having previously obtained a licence authorizing the same, shall be subject to the penalty of twenty dollars for every such offence, recoverable by warrant before any magistrate, one moiety thereof shall be paid to the informer, and the other moiety to the use of the Corporation: Provided, nevertheless, that no person shall incur the penalty imposed by this ordinance for inoculating his family shall have before taken the infection in the natural way, and produce a certificate from the physician attending the family to the Chamberlain of the Corporation, that such is the fact.
Be it further ordained, That the Chamberlain of the corporation be empowered to procure lodgings in some remote part of the Borough, where those persons may be accommodated who shall have unfortunately taken the infection of the small pox in the natural way, & that the expense thereof, including food, medicine, attendance, &c. be discharged from the funds of the Corporation.
Be it further ordained, That a physician or physicians be appointed by the Common Council, for the purpose of Vaccination, free from expense, all poor persons residing within the Corporation, who shall be willing to receive it, and the charge thereof be also paid from the funds of the Corporation. This Ordinance shall commence and be in force from and after the passing thereof.
SAML. MARSH, President.
Copy, Test, Wm. SHARP, C. C. B.
Passed in Hall, May 6, 1809. Wm. SHARP, C. C. B.

SALT. A quantity of coarse SALT, suited for the fisheries, on board the Ship Jeanie.
Liverpool Blown SALT , on board the Ship Highlander, for sale on accommodating terms, taken from alongside.
March 20. Robert Dickson.
PATENT ILLUMINATORS,
or Sky-Lights for Shipping, &c. Giving a more general Light than the common Sky-Light, with one half the expense; and are equally applicable to the state-room, steer-age and forecastle, as in the cabin—they are neither liable to break or be damaged by the common traffic of the deck. Apply to E. Sturtevant, Agent.
March 10.
TAKE NOTICE.
That we have applied to the President and Directors for the renewal of SIX NOTES of the Bank of the United States, at Norfolk, the one moiety whereof is lost, viz. B. No. 4082, dated Philadelphia, 24 June, 1800—dollars 50 C. 3820, dated Philadelphia, 24 June, 1800 50 E. 727, dated Philadelphia, 6th Jan. 1804 50 F. 619, dated Philadelphia, 6th Jan. 1804 50 F. 928, dated Philadelphia, 6th Jan. 1804 50 F. 1688, dated Philadelphia, 6th July, 1804 50 payable to Robert Taylor, or bearer, at the Office of Discount and Deposit, at Norfolk.
A HANDSOME REWARD will be given to any person who may have found the counterparts of the above Notes, and will deliver them to us.
MACKINDER & WHITE.
March 10. 3m
MACKINDER & WHITE, Offer for Sale for Cash or approved Notes, 2,500 barrels NAVAL STORES, 3,500 bushels coarse SALT, 2,500 bushels INDIAN CORN, 1,250 barrels Superfine FLOUR, 130 bales Georgia Upland COTTON, 28 do New Orleans do 100 barrels Smithfield and Carolina PORK, 54 crates well assorted EARTHENWARE, 40 chests and 20 boxes Hyson & Young Hyson TEA. —ALSO—
A general assortment of Dry Goods. September 27. Mtf
FOR SALE,
The CARGO of the Schooner Cervo, D. Mourande, Master, from St. Jago de Cuba, COFFEE, in barrels and bags, of the first quality. SEGARS, in boxes— Now Landing at Commerce-Street Wharf. John Granbery.
January 23.
For Sale, by the Subscriber, 50,000 weight of Navy BREAD, 20,000 Superfine Pilot, do. 3,000 Ship, do. 250 quarter barrels CRACKERS. Also,
400,000 well burnt BRICKS, 2,000 bushels STONE LIME. Stephen Harris.
PILOT BREAD of superior quality for family use. Feb. 13.
A BARGAIN OFFERED,
In a fine and Valuable FARM, in the County of Princess Anne.
THE Subscriber is disposed to sell his Plantation called LEVEL GREEN, situated in the county of Princess Anne. It contains about 300 acres; and, as it may be advantageously divided into two or three Farms, the subscriber will accommodate a purchaser, in selling either the whole or a part. He will also give a long credit. This tract of Land is certainly the most desirable in the county, lying on the Eastern branch of Elizabeth River, and distant from Norfolk Market only five or six miles by water, and 8 or 9 by land—The soil is excellent, about one half of the tract being cleared land, and fit for immediate culture; the other being heavily timbered with Oak, Pine, Ash, and Hickory.—It has also the advantage of several good landings—Any one disposed to view the land, and to purchase, may apply, in the absence of the subscriber, to JAMES ROBINSON, or JOHN READ, who reside in the neighbourhood. Tully Robinson.
Dec 7.
THE SUBSCRIBER
Wishes to Sell, and will Sell or Rent on moderate terms,
That very excellent Wharf and Lot,
in the town of Gosport, at present occupied by William Smith; the Wharf, Ware-Houses, and Dwelling-House are all in good repair.
Thirteen Lots in the Town of Suffolk;
And the following Property in Norfolk, Two good Fire-Proof Warehouses on the Eastern side of Commerce-Street, Nos. 4 and 6. Two Dwelling-Houses and Lots on Boush-street, in good repair, and very pleasantly situated. Apply to John Granbery.
September 14.
FOR SALE,
40 pun. choice old Demarara RUM, 300 hogsheads MOLASSES, 120,000 wt. Muscovado SUGAR, 500 boxes Havana brown SUGAR, 80 do. do. white do. 6000 bushels Euapa and Cadiz SALT. 150 cases Liverpool do. 30 cases GLASSWARE, consisting of Tumblers, Decanters, and Wine Glasses. 15 crates QUEENSWARE, consisting principally of Plates and Dishes. 480 pieces CHEQUES and LISTADOES, 40 box 4 CASTER BOAT - 12 BEE CORKS, GIN in cases, and Cooper RUM. James Young.
March 16.
JOHN PENDRED'S
Boot and Shoe Manufactory, No. 70, MAIN-STREET.
The publick are respectfully informed, that he has furnished himself with a quantity of the choicest materials in his line of business, and has in his employ some of the best workmen in the borough, and having been long experienced in the business himself, his factory will not be conducted by proxy; he therefore hopes to merit the patronage of the gentlemen of Norfolk and its vicinity, and assures them that no pains shall be wanting on his part to give satisfaction to those who favour him with their commands. N. B. Orders for Double Harkstraps, single do. and Cosaks, executed with the greatest dispatch. August 1.
Eagle Fire Company of New-York.
Office of the Company, No. 59, Wall-Street.
PROPOSALS
For Insuring Houses, Buildings, Stores, Ships in Harbour, Goods, Wares, and Merchandise. FROM LOSS OR DAMAGE BY FIRE.
THE Legislature of the state of New-York, having incorporated the Eagle Fire Company of New-York, with a capital of five hundred thousand dollars, (with the liberty of increasing the same, if the business of the company should require it, to one million of dollars,) for the sole purpose of insuring buildings, and every kind of personal property from loss or damage by FIRE; and the capital of five hundred thousand dollars having all been paid, or secured to be paid, according to law: the directors feel a particular satisfaction in offering to their fellow-citizens, throughout the United States, the means of security against that kind of loss which frequently, in an UNEXPECTED MOMENT, involves in destruction the earnings of a life of industry and frugality, and reduces the independent and affluent, together with their families, to poverty and distress. To provide an additional guard against calamities of this nature, has been the primary motive of this INSTITUTION: and the directors engage to conduct its concerns, with a fairness, candour and liberality, which will justly entitle it to the confidence and patronage of the publick.
* No insured person will be liable to make good the losses of others; but in case of fire, the sufferer will be fully indemnified.—The Company also make good losses on property burnt by lightning.
Classes of Hazards, and Rates of Annual Premiums for Insurance against Fire.
HAZARDS OF THE FIRST CLASS.
Brick or Stone buildings, covered with slate, tiles, or metal. Goods hazardous, and not hazardous, contained in such buildings. 62 1-2 cents per 100 dollars per annum, for sums not exceeding 10,000 dollars in one risk.
HAZARDS OF THE SECOND CLASS.
Brick or Stone buildings, covered with wood. Goods hazardous, and not hazardous, contained in such buildings. 93 3-4 cents per 100 dollars per annum, for sums not exceeding 10,000 dollars in one risk.
HAZARDS OF THE THIRD CLASS.
Buildings, the sides of which are part of brick or stone, and part of wood. Goods hazardous, and not hazardous, contained in such buildings. 125 cents per 100 dollars per annum, for sums not exceeding 10,000 dollars in one risk.
HAZARDS OF THE FOURTH CLASS.
Buildings, the sides of which are entirely of wood. Goods hazardous, and not hazardous, contained in such buildings. 187 1-2 cents per 100 dollars per annum, for sums not exceeding 10,000 dollars in one risk.
Ships in Port, or their Cargoes, Ships Repairing or Building, may be insured against Fire.
This manner of classing hazards will give a general idea of the rates of insurance, but there will necessarily be an increase of premium in all cases where the local situation, and other circumstances, increase the risk: such as joining, or being contiguous to wooden buildings, or buildings occupied in carrying on hazardous business—distance from water—no engines or firemen in the town or place, &c. &c.—The premiums may also, in some cases, be reduced on wooden buildings in the country, when standing single or detached, or attended with circumstances of peculiar security:—But in all cases, if the sum to be insured on or in the same building exceeds 10,000 dollars, an additional premium will be required.
Soap Boilers, Tallow Chandlers, Brewers, Maltsters, Bakers, Rope Makers, Sugar Refiners, Distillers, Chemists, Varnish Makers, Stable Keepers, Tavern Keepers, China, Glass, or Earthenware Sellers, Oil and Colourmen, Turpentine Works, Paper Mills, Printing Houses, Coopers, Carpenters, Cabinet Makers, Coach Makers, Boat Builders, Ship Chandlers, Apothecaries, Theatres, Mills and Machinery, and all Manufactories that use Fire Heat, are deemed extra hazardous, and must be particularly described in the policy; and for all such risks an additional premium will be required.
Conditions of Insurance.
I. All applications for Insurance must be made at the office of the company, in writing; and the subject offered for Insurance accurately described.
II. If the property offered for insurance is within the district of a surveyor of this company, he will examine and report thereon; but if not within any such district, then the applicant must himself furnish an accurate and just description thereof, viz. of what materials each building is constructed; whether occupied as private dwellings, or how otherwise; where situated; the name of the present occupier; how situated with respect to other buildings. And in the insurance of goods, wares and merchandise, the place where the same are deposited, is to be described; also, whether such goods are of the kind denominated hazardous, and whether any manufactory is carried on in the premises, all which is to be certified and attested in such manner as the nature of the case may admit. And if any person or persons shall insure his or their buildings or goods, and shall cause them to be described in the policy otherwise than they really are, so as the same be charged at a lower premium than is herein proposed; or if such description be false or fraudulent, such insurance will be void and of no effect.
III. Goods held in trust, or on commission, are to be declared as such; otherwise the policy will not extend to cover such property.
IV. Every Policy of Insurance, made by this Company, shall be sealed with its seal, and signed by the President and Secretary; and the person for whose interest the insurance is made, must be declared and named therein; nor can any Policy, or interest therein, be assigned but by consent of the Company, expressed by endorsement made thereon.
V. No Insurance will be considered as made or binding, until the Premium is paid.
VI. Persons insuring Property with this Company, and who have already made other Insurance on the same property, shall give notice thereof in writing, at the Company's Office, before, or at the time of the execution of the Policy: and persons who, after insuring Property with this Company, have Insurance made on the same property elsewhere, shall, with all reasonable diligence, notify the same in writing at the Office of the Company, and have the same endorsed on the policy, or otherwise acknowledged in writing; in default whereof, the Policy shall cease, and be of no effect: and in case of loss, each party insuring shall be liable to the payment of a rateable proportion of the loss or damage which may be sustained.
VII. No loss or damage by fire will be paid, that may happen or take place in consequence of any invasion, civil commotion, riot, or military or usurped power whatever.
VIII. Books of Accounts, Written Securities, Notes, Bills, Bonds, Deeds, Ready Money, or Bullion, cannot be insured.
IX. Jewels, Plate, Medals, or other Curiosities, Paintings and Sculptures, are not included in any insurance, unless such articles are specified in the policy.
X. All persons insured by this Company, sustaining any loss or damage by fire, are forthwith to give notice to the Company, and as soon after as possible, to deliver in as particular an account of their loss or damage, signed with their own hands, as the nature of the case will admit of, and make proof of the same by their oath or affirmation, and by their books of accounts, and other proper vouchers, as shall be reasonably required: and shall make oath, whether any and what other Insurance is made on the same property; and shall procure a certificate, under the hand of a magistrate, notary public, or clergyman, most contiguous to the spot where the fire happened, and not concerned in such loss, that they are acquainted with the character and circumstances of the person or persons insured; and do know, or very likely believe, that he, she, or they, really, and by misfortune, and without fraud or evil practice, have sustained by such fire, loss and damage to the amount therein mentioned; and, until such affidavits and certificates are produced, the loss shall not be payable:—Also, if there appears any fraud, or
false swearing, the claimant shall forfeit his claim to restitution or payment, by virtue of his policy.
XI. In case any difference shall arise, touching any loss or damage, it may be submitted to the judgment of Arbitrators, indifferently chosen, whose award in writing shall be binding on the parties. And when any loss or damage shall happen, the company shall pay for the same in sixty days after the loss shall have been ascertained and proved, without allowance of discount, fees, or any deduction whatever.
XII. Insurance may be made for seven years, by paying the premium for six years, and for a less number of years than seven, a reasonable discount will be allowed.
The Subscriber being appointed Surveyor
for the Eagle Fire Company, upon application, will survey, and value, such buildings, (or property contained therein) upon which Insurance may be required.
Francis Foster, Church-Street, Norfolk.
Feb. 13.
Norfolk Borough:
At a Hastings Court held the 27th day of February, 1809.
THOMAS HOLLIDAY, Compt.
against In Chancery.
WILLIAM SMELLY, LITTLETON W. TAZEWELL and PETER DALEY, Defs.
THE defendant William Smelly 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 ordered that the said defendant William Smelly, do appear here on the fourth Monday in May 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 courthouse of said Borough; and it is further ordered that the defendants Littleton W. Tazewell and Peter Daley, who have effects of the said William Smelly in their 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,
Wm. Sharp, c. c.
March 3.
Norfolk Borough:
At a Hastings Court held the 27th day of February, 1809.
Richard Gernon, Complainant,
against In Chancery.
William and Anthony M. Buckley, and Shanks and Binford, Defs.
THE defendants William and Anthony M. Buckley, not having entered their appearance, and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that they are not inhabitants of the commonwealth: On the motion of the complainant by his counsel, it is ordered that the said defendants William and Anthony M. Buckley, do appear here on the fourth Monday in May 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 courthouse of said Borough; and it is further ordered that the defendants Shanks and Binford, who have effects of the said William and Anthony M. Buckley in their 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,
Wm. Sharp, c. c.
March 3.
Norfolk Borough:
At a Hastings Court held the 27th day of February, 1809.
THEODORICK ARMISTEAD, Compt.
against In Chancery.
NICHOLAS PETERSON and CHRISTOPHER FRY, Defs.
THE defendant Nicholas Peterson, 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 ordered that the said defendant Nicholas Peterson do appear here on the fourth Monday in May 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 courthouse of said Borough; and it is further ordered that the defendant Christopher Fry, who hath effects of the said Nicholas Peterson in his hands, do not pay, convey away or secret such effects, but retain the same until the further order or decree of this court.
A Copy,—Teste,
Wm. Sharp, c. c.
March 3.
Norfolk Borough:
At a Hastings Court held the 27th day of February, 1809.
JOHN WALLACE, Compt.
against In Chancery.
JAMES BROWN, & Co. of Philadelphia, and ALEXANDER MACLURE, Defs.
THE defendants James Brown, & Co. not having entered their appearance and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that they are not inhabitants of this commonwealth: On the motion of the complainant by his counsel, it is ordered that the said defendants James Brown, & Co. do appear here on the fourth Monday in May 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 courthouse of said Borough; and it is further ordered that the defendant Alexander MacLure, who hath effects of the said James Brown, & Co. 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,
Wm. Sharp, c. c.
March 3.
Norfolk Borough:
At a Hastings Court held the 27th day of February, 1809.
STEPHEN G. WILLS, Compt.
against In Chancery.
JONATHAN LAYCOCKS and PETERSON BROWN, administrators, &c. of John D. White, deceased, and WARREN ASHLEY, Defs.
THE defendants Jonathan Laycocks and Peterson Brown, not having entered their appearance and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that they are not inhabitants of this commonwealth: On the motion of the complainant by his counsel, it is ordered that the said defendants Jonathan Laycocks and Peterson Brown, do appear here on the fourth Monday in May 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 courthouse of said Borough; and it is further ordered that the defendant Warren Ashley, who hath effects of the said Jonathan Laycocks and Peterson Brown, administrators as aforesaid, 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,
Wm. Sharp, c. c.
March 3.
NOTES OF HAND,
according to the new form established by the Directors of the Office of Discount and Deposit of the Bank of the United States, for sale at this office.
Dr. Tissot's celebrated Gout and Rheumatism Drops.
The Gout, Rheumatism, Lumbago, and the various disorders of the same nature, are so exhaustively painful, and so difficult to be cured, that they have justly excited the utmost stretch of medical investigation. Some professional gentlemen have excelled in one department of the sciences; others in another. Dr. Tissot particularly has long been renowned for the superiority of his prescription in chronic diseases, and the length of time which elapsed during his sole attention to the nature and effects and cure of these affections, render the medicines which he recommended of invaluable importance. The beneficial effects of these drops, have been so often experienced, and their extraordinary efficacy has been so attested by witnesses so numerous and so unimpeachably credible, that incredulity itself cannot doubt the virtue of Dr. Tissot's Gout and Rheumatism Drops. Large quantities have already been vend, and the sale is now become so general, and their certainty in curing the disorder of a chronic nature is so completely ascertained, that certificates of their unbounded utility are now unnecessary. Testimonies of their value, and a volume of attested cases performed by them, may be seen upon application at T. W. Dyott's genuine Drug and Patent Medicine Warehouse, No. 57, South Second-street, Philadelphia.
The price of Dr. Tissot's Gout and Rheumatism Drops, is only two dollars per bottle, with copious directions.
Generous allowances made to those who buy to sell again. Of the many respectable testimonies of the effects of the above Drops, which have been received by the proprietor, we beg leave to annex the following:
Certificate of General Ridgely of Hampton.
I certify that having received a blow on my knee, which induced severe pain and swelling, I was advised to apply to Dr. Tissot's Gout and Rheumatism Drops, and on bathing the part with them only a few times, agreeably to the directions, they effected a perfect cure. Another time my wrist was affected with rheumatism to such a degree, as to render my hand for the time useless, when on application of the same remedy in like manner, the disorder in the course of twenty-four hours was entirely removed.
I therefore, from the experience I have had of the efficacy of said medicine, consider it a beneficent act to recommend it in similar cases to others.
(Signed) C. RIDGELY, of Hampton.
Certificate of John Gibson, Esq. one of the Directors of the Farmers' Bank of Maryland.
I certify that about a year since, my foot received an injury by a fall; in a few hours after it was affected with a most excruciating pain, so that I was unable to walk, with crutches. I was apprehensive that this accident would induce a severe fit of the gout, with which I had been frequently attacked. In this situation one of my friends highly recommended and earnestly advised me to apply Dr. Tissot's Gout and Rheumatism Drops; I immediately procured them and made the application; in less than three hours the pain entirely abated, which had been so severe, as to deprive me of sleep for several nights. By a few further applications, a perfect cure succeeded. I have frequently since in other cases, both used them myself, and recommended them to others with invariable success.
(Signed) JOHN GIBSON.
Certificate of Mrs. Mary Taylor.
I, Mary Taylor, No. 135, Plum-breet, Philadelphia, aged upwards of seventy years, having been afflicted with very violent rheumatic pains for more than eight years, being recommended to apply Dr. Tissot's Gout and Rheumatism Drops, on only using half a bottle every rheumatic affection was completely removed, and I have continued free from all pain ever since; as witness my hand.
MARY TAYLOR.
The above drops are sold wholesale and retail only by RONSAL, CONRAD, & Co. Norfolk.
ALSO, DR. ROBERTSON'S Patent Stomachick Wine Bitters.
Celebrated and well known for their superior qualities in restoring weak constitutions, destroying Worms, cleansing and strengthening, giving a proper tone to the stomach, and increasing the appetite—a frequent use of them is a certain preventative against those complaints so common in the spring and fall. Such as intermitting fevers, agues, autumnal fevers, dysenteries, &c. &c. They are particularly serviceable to those who make long sea-voyages, and are exposed to unhealthy climates, as a powerful preventative against contagious disorders.
PRO BONO PUBLICO.
Patent Water-Proof Brunswick Blacking, prepared with oil, which softens, preserves, and beautifies the leather. Words cannot set forth its just praise, nor can its transcendent qualities be truly known, but by experience; it is especially calculated for, and particularly recommended to sportsmen and gentlemen who are exposed much to the wet—Also for cleaning Harness, as it will effectually prevent the water from penetrating, preserve the leather from cracking, and render it supple and pleasant to the very last, giving it also a beautiful jet black gloss, a proof of which may be seen at the warehouse.
The above Blacking is prepared and sold only by T. W. DYOTT,
at his Medical Warehouse, No. 11, North Second-street, Philadelphia; sold also by his appointment, at BONSAL, CONRAD, & Co's Book-Store, Norfolk; and at SOMIRVELL & CONRAD'S, Petersburg.
Where also may be had,
THE IMPERIAL WASH,
And new invented LIQUID, For taking out stains, and preserving the quality and colour of saddles, and tops of boots. May 20. 1awly
ADVERTISEMENT.
Wishing to close my present concerns,
I solicit those having claims against me to bring them forward on or before the last day of August next, otherwise this notice will be plead in bar against them; all those that are indebted to come forward and settle by bond or otherwise.
I will sell low for Cash, or give in payment the following Property:—One third of a HOUSE and LOT of LAND, in fee simple, in Cumberland-street, adjoining Dr. Barraud's; Fifty Acres of LAND lying in the County of Norfolk, near the Great-Bridge, in fee simple; also, a Life Estate in a PLANTATION, lying and being within 6 or 7 miles of Norfolk, and rents for 50 dollars per year.
Peter Daley. 2aw2m