Norfolk gazette and publick ledger (Norfolk [Va.]), 1809-01-20 00:00:00

NORFOLK GAZETTE AND PUBLICK LEDGER. SINT HIC ETIAM SUA PREMIA LAUDI.
[VOL. V.
FRIDAY EVENING, JANUARY 20, 1809.
NO. 80.]
THEATRE.
On Wednesday Evening next, the 25th instant, the Tinspan Society, will perform the justly celebrated Drama, of the
POINT OF HONOUR;
OR, SCHOOL FOR SOLDIERS.
In act 4th, a solemn Military Procession, accompanying the Deserter to the place of Execution, with New Scenery, painted for the occasion by some of the members of the society.
To conclude with the humorous Entertainment of the WRANGLING LOVERS.
Doors will be opened at half past four, and the performance commence at half past five o'clock.
Tickets at One Dollar, to be had at Mr. Klein's store; at the Ledger and Herald offices; and at the Theatre.
FOR BOSTON.
The FINE NEW BRIG FRANKLIN, Capt. Tallman, to sail in a few days. For passage only, apply to the captain on board at Commerce Street Wharf. January 18.
Dr. Tissot's celebrated Gout and Rheumatism Drops.
The Gout, Rheumatism, Lumbago, and the various disorders of the same nature, are so exquisitely 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 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 vendal, and the sale is now become so general, and their certainty in curing the disorders 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. 37, 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.
Therefore, from the experience I have had of the efficacy of said medicine, consider it a beneficial 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 crutch. I was apprehensive that this accident would induce a feverish 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, Plumb Street, Philadelphia, aged upwards of seventy years, having been afflicted with very violent rheumatism pains for more than eight years, being recommended to apply Dr. Tissot's Gout and Rheumatism Drops, on only using half a bottle every rheumatism 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 BONSAL, CONRAD, & Co. Norfolk.
ALSO, DR. ROBERTSON'S Patent Stomachick Wine Bitters.
Celebrated and well known for their superior qualities in refreshing 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 preservative 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 SOMERVELL & 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 bags of boots. May 30. Jawly
FROM THE NEW-YORK GAZETTE.
The letter from Mr. Canning, the British minister of foreign affairs, to Mr. Pinkney, our minister at the court of St. James, will interest every reader. We never saw it till yesterday, and we believe it did not accompany the documents ordered to be published by congress.
Mr. Canning to Mr. Pinkney, accompanying his letter of September 23d, 1808.
FOREIGN OFFICE, SEPT. 23, 1808.
SIR,
In laying before the king, your letter of the 23d of August, and in communicating to you the accompanying answer, which I have received his majesty's command to return to it, I confess I feel some little embarrassments from the repeated references which your letter contains, to what has passed between us in conversation—An embarrassment arising in no degree (as you are perfectly aware) from any feeling of distrust in you personally, but from a recollection of the misrepresentation which took place in America of former conferences between us. You gave me, on that account, the most satisfactory proof that such misrepresentation did not originate with you, by communicating to me that part of your dispatch, in which the conferences particularly referred to, were related correctly; but this very circumstance, which establishes your personal claim to entire confidence, proves, at the same time, that a faithful report of a conference on your part, is not a security against its misrepresentation.
It was for that reason, principally, that after hearing, with the most respectful attention, all that you had to state to me, verbally, upon the subject of the present overture, I felt myself under the necessity of requiring, as "indispensible," a written communication upon the subject.
It is for that reason also, that as in your written communication you refer me to our late conversations for the "bearings and details" of your proposal, I feel it necessary to recapitulate, as shortly as I can, what I conceive to have passed in these conversations beyond what I had recorded in your letter.
The principal points on which the suggestions brought forward by you in personal conference, appear to me to have differed in some degree from the proposal now stated by you in writing are two—the first, that in conversation the proposal itself was not distinctly stated as an overture authorised by your government—the second, that the beneficial consequences likely to result to this country from the acceptance of that proposal, were "pursued" through more ample "illustrations."
In the first of our conferences, I understood you to say little more on the authority of your government, than that you were instructed to remonstrate against the orders in council of the 7th of January, and 11th of November, 1807—but to add, as from yourself, an expression of your own conviction, that if these orders were repealed, the president of the United States would suspend the embargo with respect to Great Britain.
Upon the consequences of such a suspension of the embargo, while it would still continue to be enforced against France, you expatiated largely—still speaking, however, (as I understood) your own individual sentiments.
It was suggested by you, that America would, in that case, probably arm her merchant ships against the aggressions of France—an expedient to which, you observed, it would be perfectly idle to resort against Great Britain. The collisions of armed vessels would probably produce war, and the United States would thus be brought into the very situation in which we must wish to place them—that of hostility to France, and virtual, if not formal alliance with Great Britain.
In our second conference, you repeated and enforced the arguments calculated to induce the British government to consent to the repeal of the orders in council, and in this conference, though not stating yourself to be authorised by your government formally to offer the suspension of the embargo as an immediate consequence of that repeal—yet you did profess (as I understood you,) a readiness to take upon yourself to make that offer, provided that I should give you before hand an unofficial assurance that, coupled with that offer so made, the demand of the repeal of the orders in council of January and November, 1807, would be probably rescinded.
I, of course, declined to give any such previous assurances—but as you appeared to attach great importance to this suggestion, and as I was led to think that a compliance with it might relieve you from a difficulty in executing the instructions of your government, I consented to take a few days to consider of it, and to reserve my definitive answer until I should see you again.
I never doubted, in my own mind, as to the inexpediency and impropriety of encouraging
you to take an unauthorized step, by an unofficial promise that it would be well received—but in a matter of such delicacy I was desirous of either confirming or correcting my opinion by the opinion of others.
The result was, that in a third interview, which took place shortly after the second, I had the honour to inform you, that after the most mature deliberation, I found it impossible to yield to your suggestion, and that it, therefore, remained for you to frame your proposition according to the instructions of your government, as to your own unbiased discretion.
My own share in these several conferences, beyond what was implied in the above statement was very small. I have (as you know) always wished to refer the argumentative discussion of the orders in council, in the official correspondence which I have more than once been taught to expect you to open upon it, than to engage with you in a verbal controversy, which, if confined to ourselves, would be useless. If afterwards to be reduced into writing for the purpose of being communicated to our respective governments—superfluous.
But to the representations which you have repeatedly made against the orders in council of January and November, "as violating the rights of the United States, and affecting most destructively their best interests, upon grounds wholly inadmissible both in principle and fact,"—I have uniformly maintained the unquestionable right of his majesty to resort to the fullest measures of retaliation, in consequence of the unparalleled aggression of the enemy, and to retort upon that enemy the evils of his own injustice—and have uniformly contended that "if third parties suffer from those measures, the demand of reparation must be made to that power which first violates the established usages of war, and the rights of neutral states."
There was, indeed, one point, upon which I was particularly anxious to receive precise information, and upon which, from your candour and frankness, I was fortunate enough to obtain it. The connecting together your proposed overture, the suspension of the embargo, and the repeal of the orders in council—as well those of November, as the succeeding one of the 7th of January, might appear to imply, that the embargo had been the immediate consequence of those orders, and I was, therefore, desirous to ascertain whether, in fact, the orders of council in November, had been known to the government of the United States previous to the message of the president proposing the embargo—so as to be a moving consideration to that message. I had the satisfaction to learn from you that such was not the fact—that rumours, indeed, might have reached America of some measure of further retaliation, being in the contemplation of the British government, that, perhaps, (as I understand you) some more severe and sweeping measures might have been expected—but that the orders in council of the 11th of November, as having been issued, there was no knowledge of in America—at least none in possession of the American government at the time of proposing the embargo. Such sir, is, (according to the best of my recollection) correctly, the substance of what has passed between us, at our several interviews, previous to the presentation of your official letter, and such I have represented to have been the substance of what has passed on those several occasions in the reports of our conferences which it has been my duty to make to the king.
In this recapitulation, there is any thing mistaken, or any thing omitted, you will do me the justice to believe the error unintentional, and you may rely on my readiness to set it right.
I have the honour to be, &c. GEORGE CANNING.
REMARKS FROM THE BOSTON GAZETTE.
COMMUNICATION.
Reflections upon the lately disclosed letter from Mr. Canning to Mr. Pinkney, not published in the original correspondence between our Cabinet and that of Great Britain.
BY THE AUTHOR OF THE ANALYSIS.
The first and most natural enquiry is, why this important letter was suppressed—it contains no secrets—nothing of a confidential nature—no proposals which the state of our negotiation required to be concealed.
On the most careful perusal of it, we can discern no possible motive for withholding it from the publick eye, EXCEPT THIS, that it contains irrefragable proofs of the insincerity and hypocrisy with which the negotiation with Great Britain was conducted; it furnishes also, conclusive evidence of the unfairness with which former negotiations had been conducted, and the well founded jealousy of the British government, lest the same system of misrepresentation should be again pursued.
This letter of September 23d, 1808, from
Mr. Canning to Mr. Pinkney, covered the letter of the same date from that minister, which has been published, and was intended to prevent a repetition of that course of misrepresentation which had been adopted on former occasions.
As the author of the Analysis could only judge from the documents which the government had seen fit to publish, he was left to conjecture from the force of his own reasoning, the nature of the real communications which were suppressed, and the following charges, made by him, are now unequivocally established.
1st. That the documents published, were imperfect fragments of the true state of the negotiation, and probably gave the fairest side of it. This letter of Mr. Canning supports this charge.
2dly. That Mr. Pinkney was never authorised to propose to Great-Britain, the repeal of the embargo unconditionally, as the consideration for the rescinding the orders in council. The author of the analysis stated expressly in his sixth number, that Mr. Pinkney was only authorised "to encourage the expectation, that the president would, within a reasonable time, give effect to the authority vested in him, as to the suspension of the embargo."
Mr. Canning now tells Mr. Pinkney, that he never did state that he was authorised, but impliedly admitted that he was not, and simply proposed as "of himself, that if Great-Britain would repeal the orders, the President might repeal the embargo."
Mr. Pinkney was invited to correct this statement if not true, but as he has not done it, we must presume the British minister to be correct, especially as our government suppressed this letter of Mr. Canning.
3dly. This letter proves, that if Great-Britain had acceded to Mr. Pinkney's offer, the government of the United States was at liberty, while Great Britain would have been bound. It would have been in the power of Mr. Jefferson, after Great-Britain had humbled herself by repealing her orders, to have refused to agree to the unauthorised promises of his ministers, as he had done in the case of the British treaty, and to have represented that his wise and strong measures had brought her to his feet.
Great Britain perceived the perfidy, and escaped the snare which an unprincipled and intriguing policy had prepared for her.
4thly. This letter proves to what a state of degradation the false and insincere conduct of our cabinet has reduced our nation—that foreign governments can no longer trust the declarations or verbal assurances of our ministers.
Though Mr. Canning acquits Mr. Pinkney personally of having been instrumental in the gross misrepresentations of former discussions, yet he does it by transferring the charge to our own cabinet.
Yet these are the men who talk of the unjust and dishonourable views of Great-Britain, and of her refusal to treat with us on any equitable terms.
From the whole of this important letter, which we conjure our fellow-citizens to examine with attention, it is proved, that Mr. Jefferson never did, as he has stated, offer to Great-Britain to repeal the embargo if she would rescind her orders—that he always left himself a loop hole, from which, he might, as in a former case, escape, and that this want of positive assurances, was a conclusive point with Great-Britain, in refusing to listen to the terms.
Lastly, it appears from the confession of Mr. Pinkney to Mr. Canning, that the British orders did not, in FACT, form any part of the considerations for laying the embargo, the volumes of equivocation and falsehood of its supporters to the contrary notwithstanding.
Boot and Shoe Manufactory.
SAMUEL COLEMAN,
Opposite the Market, (westward) has received by captain Hland, from Philadelphia, a quantity of the Highest Priced Boot Legs, Vamps, Tops, and other Materials, for his Factory—He has also Sole Leather, which has been in tan seven years; with these, the best workmen he can get, and the greatest care and punctuality, he believes the people of this place and its vicinity, may be as well served as by any factory in the union. His Stock at present is as good as this country can furnish, and he intends to use no other kind, the price of course must be higher, and when the Boots go the money must come, having found in a number of instances that a few days means six or twelve months, and an application even then for the money is ample cause of enmity.
He has on hand a large assortment of BOOTS and SHOES.
ALSO, SALT, LONDON PORTER, &c. &c. Fresh SHOES from New-York for Ladies, of red, green, and black Morocco, with 1, 2, and 3 ties.
JOURNEYMEN WANTED.
The best Boot and Shoe Makers, not only such as can, but such as will do the best work in all cases, may meet with as much encouragement in my factory, as in any in this state, for any state in the union north of this.
October 3.

NO WASHINGTON PAPERS were received at this office by either of the two last mails, which puts it out of our power to lay before our readers any recent congressional information. The frequent miscarriage of those papers, at this interesting period, is matter of serious concern. We hope, and believe, that it does not proceed from want of attention in the editors of those papers.
The practice of making bold assertions, without having the smallest foundation, has been lately much improved upon by the ruling party. It is exemplified in a striking manner, in the account of the proceedings of the Senate, copied into this day's paper from the Federal Republican. Upon a much more humble subject and occasion, the same practice has been resorted to. A writer in the last Herald, accuses the editor of this paper of defending all the smugglers of the country. Now we defy that writer, or any one else, to shew one line, or one word written for this paper, in defence of smugglers, or, in any manner advocating, or recommending resistance to or violations of the law. To expose the mischievous tendency of a law, and to advocate the violation, are not yet the same—how soon they may be so, is another matter. We hope our readers understand us when we speak of the government, and when we speak of the administration. The former is the object of our admiration, the latter certainly is not.
There may be those who regard the administration more, and the government less; their motives may be equally patriotic and prudent. We question no man's motives; we wish not to stop any man's promotion.
On the 21st of November, in London, the price of FLOUR was 90 shillings per sack, equal to 63 shillings sterling the American barrel. COTTON, 3 shillings 6d. per lb. TOBACCO, 2 shillings to 2s 2d. per lb.
We refer our readers to the first page, to Mr. Canine's letter, with some judicious remarks upon it. We do not doubt the authenticity of this letter, and are much surprised, that it was not published with the other documents.
FROM THE FEDERAL REPUBLICAN—Jan. 16.
From our Correspondent at Washington.
While the bill for equipping and manning the frigates, &c. was under consideration in the senate of the United States, on Tuesday last—Mr. Giles took occasion to say, he had reason to believe, that the proclamation relative to British ships of war, issued in consequence of the attack on the Chesapeake formed no barrier to the adjustment of our differences with Great Britain, but that after this point had been informally agreed to, other and more degrading measures were brought forward by the British minister, and that this fact ought to be known to the publick, and to a state legislature, which had asserted, or intimated that the negotiation was broken off on a point of etiquette. Mr. G. stated, that the negotiation had been conducted frankly and honourably by our government, and when known be trusted a greater degree of confidence in the administration, and unanimity in publick opinion, would be produced by them.
On Wednesday, Mr. Lloyd said, that he was deeply impressed by the observations made by the gentleman from Virginia—that he should delight to find the failure of the negotiation rested wholly on the other side, and also to find that the administration, in the discussions with Mr. Rose had conducted itself honourably, and with magnanimity, frankness and liberality—it would be infinitely more pleasant to him to comment than censure—and if the demands alluded to by the gentleman were well established and did not arise from counter demands of this government, he agreed with him they could not be too extensively circulated, and should they prove to be as stated, he did not doubt but a considerable degree of unanimity would be effected by spreading the knowledge of them abroad—that at any rate, the senate ought to be in possession of the facts in this business—that it would be proper, if not the duty of the president, to communicate to the senate, who were his only constitutional council, and who, with regard to our foreign relations, were in some measure identified with him, all the material facts relative to a negotiation which had terminated unsuccessfully, especially when we were perhaps on the eve of a war with the nation with whom such negotiation had been pending—and that if the circumstances attending it were such as to make it inexpedient that they should meet the publick eye, the senate would keep the secret as they did other confidential communications on similar subjects. To ascertain what the facts in reality were, and he thought it highly important that the senate should know them, and as he felt convinced by the observation of the gentleman from Virginia, that there were still some facts in this negotiation, which had not yet been divulged, Mr. L. said he would offer the following resolution:
“Resolved, That the President of the United States be requested to lay before the senate, all the official as well as informal correspondence between Mr. Rose the late minister to the U. States, and the secretary of state, or any other officer of this government, which has not already been communicated to congress.”
Mr. Giles wished the resolution might lie on the table—this it did until Friday, when it came under consideration, and when, mirabile dictu, it was opposed by this self-same Mr. Giles, who in a debate of gun-boats had purposely gone out of his way to throw a tub to the whale and to make the communications on which it was founded, and who had heretofore as often displayed his eloquence in opposition to executive secrets.
An animated debate ensued, in which the resolution and the sentiments expressed by the Massa-
chusetts legislature were supported by Messrs. Lloyd, Hillhouse and Pickering—and opposed by Messrs. Giles, Crawford and Robinson.
In the course of the discussion Mr. Pickering stated, that as neither himself, nor his colleague, nor the gentlemen with whom he usually acted, would even wish to extort from the government a violation of any honourable engagements, and if any such had been violated it would be disgraceful to the government, he wished it might appear on the journals upon what expectations the inquiry was founded, and from what quarter the suggestion originally sprang. He therefore proposed that the following preamble should be added to the resolution, which being agreed to by Mr. Lloyd, was read by the president.
“It having been stated to the senate, by a member in his place, that besides the formal negotiations with the British government, relative to the attack on the frigate Chesapeake, exhibited in the documents communicated to congress during the last session, by the president of the U. States, there had been certain informal overtures upon the same subject, between the British minister Mr. Rose, or some person authorised by him, and some person or persons on the part of our government, which overtures, and the result ought, according to the opinion expressed by the said member, to be known to the people of the United States—therefore, be it resolved, &c.”
Mr. Giles objected to the preamble, and said it was not true, inasmuch as it stated as a fact, what he had only asserted he had reason to believe to be true, although he had not received the information from any branch of the administration.
Mr. Pickering observed that his intention was to have written the preamble correctly, he did it from memory, in which it is very possible he might mistake the precise import of the expression. But he would willingly alter it in conformity with the sentiments now expressed by the gentleman from Virginia—he therefore asked leave to alter the words near the beginning of the preamble, “by a member in his place,” to insert the words, “that he had reason to believe”—when—oh shame! where is thy blush? He was refused the liberty of doing even this. The preamble was then negatived, as was the resolution, only seven senators voting in favour of it.
Messrs. Gillman, Goodrich, Hillhouse, Lloyd, Pickering, Reed and White.
And thus has this attempt to rend the veil of that mystery which so impenetrably screens the real situation of our foreign relations, again been rendered abortive by the opposition of those professed friends of the people.
As there is no stenographer in the senate, many important and interesting debates are entirely lost. The people are not to be uninformed of the attempt by Mr. Giles, to palm upon them a most fragrant deception, for the purpose of increasing the publick irritation, already too greatly excited against England—The above account you may rely on for its accuracy.
FROM THE AMERICAN DAILY ADVERTISER.
In the District Court of Pennsylvania, 13th January, 1808
Present, PETERS, District Judge. THE UNITED STATES, vs. CAVE.
This was an action of debt, against the master of the schooner Two Brothers, to recover a penalty of 500 dollars, under the 5th section of the impost law, the goods on board, not agreeing with the report, or manifest, delivered by the defendant, at the custom house; inasmuch as 25 bags of coffee, not reported, were found by the inspectors concealed in the vessel some days after the master had declared, that the whole cargo was discharged.
The disagreement was clearly proved at the trial, under such circumstances, as excluded every idea, that it arose from accident, or mistake. But Mr. CONDY, the council for the defendant, contended, that as the goods had never been landed, until they were seized and sent to the custom house by the inspectors, the penalty, by virtue of the proviso to the section of the act of congress, on which the suit was founded, could not be inflicted. After a general answer from Mr. DALLAS, the jury gave a verdict for the United States, subject to the opinion of the court on the point of law. The case was then argued before the judge, who, on this day, delivered the following opinion.
PETERS, Judge.—The point to be determined by the court, arises on the meaning and construction of the 5th section of the “act to regulate the duties on import and tonnage.”
Twenty-five bags of coffee, were found hidden on board the schooner Two Brothers, whereof the defendant was master, not included in the manifest delivered at the custom house; after 7 bags had been before discovered under similar circumstances; for which latter a post entry had been permitted, a caution given to the master, that he must enter all on board, and asseverations by him that there were no others in the vessel. The whole circumstances were attended with strong suspicious appearances. But it is unnecessary to detail them; as the jury have passed upon the facts, and satisfied themselves; and I must add, to the satisfaction of the court, so far as it has any opinion to give in that part of the case. I shall, however, detach my mind from such considerations, so nevertheless as to regard what is necessary to developing the intention of the act, and its spirit and meaning. For, tho' true it is that penal statutes are to be construed strictly, yet equally true it is, that “such construction ought to be put upon a statute, as does not suffer it to be eluded.”—6 Bac. Ab. 391, and authorities cited.
The question here is to the 25 bags of coffee “not agreeing with the report or manifest delivered by the master” to the collector; that is, they were not contained in it, but concealed on board, and not delivered till the vessel was thought to be unladed, and the inspecting officer had left her.—The penalty of 500 dollars is indisputably incurred, unless saved by the proviso in the 5th section.
It is insisted on by the counsel for the defendant, that the fact of their being so found on board (no matter what was the intent of the master) is sufficient to acquit him, under one of the proviso's or savings in the 5th section, from being amenable to the penalty imposed thereby. No construction is to be given to this (as it is contended) out of the very words; under the rule of interpretation of penal statutes. Now these words are—“Provided it shall be made appear to the satisfaction of the collector
&c. or in case of trial for the said penalty, to the satisfaction of the court, that no part whatever of the goods, wares or merchandise of such ship or vessel, has been unladed, landed or unladed, since it was taken on board, except as shall have been specified in the said report or manifest, and pursuant to permits as aforesaid.”—It appears to me, then, that the very words of this proviso, in the strict construction contended for, do not relate merely, and cannot reasonably, or on any rule of construction, be confined to the goods which shall happen to be found on board. The law certainly could not be so construed, with any rational attention to the intent of the legislature. And it is also a rule in the interpretation of all statutes (penal as well as others) that they shall be so construed as to effectuate the intention of the legislature.—It requires no farther or other proof, to satisfy the collector or court, that these goods were not at the time of discovery “unladed” &c. than that of their being actually on board. But proof is expressly required, when it is discovered that “the goods on board do not agree with the manifest,” to satisfy the collector, or court, that not only these goods—but that “no part whatever of the goods, &c.”—clearly, in my opinion, embracing all other goods of the ship; and throwing (from the necessity of such suspicious cases) the proof on the party, that no goods, others as well as those discovered, had been landed &c. If this construction is deemed strict, it is certainly warranted by the doctrine contended for as to the penal statutes. But it appears to me not to be a rigid or forced construction. It is one perfectly in conformity with the rule before mentioned, to wit, that “the construction shall be such, as not to suffer the statute to be eluded.”—And nothing could open a wider field for frauds and evasions, than that the very fact which creates strong suspicions of other violations having been committed, should be established by the legislature as an excuse, not only for the one in which the party was detected but as a protection against a penalty, imposed to compel proof that there had been no smuggling of other parts of the cargo. This would seem like “a saving in an act contrary to the body of it,” (1. Rep. 47. c.) which my Lord Coke declares to be void.—It would be almost as extraordinary (I do not mean any personal allusions) as would be a law for punishing theft; but executing a felon caught with the manor, that is with the goods in hands, because he had not parted with them, though perhaps from want of opportunity; and permitting him to escape, on delivery of them to the owner.
So here, a post entry is to wipe away all the penalty, if the goods not being landed is not enough, and free the party from all obligation of proving what the law, in cases of disagreement of the cargo on board with the manifest delivered, requires. This never could have been the legislative intention.—Should this view of the subject be deemed irrelevant, the construction of the proviso contended for by the counsel, who always makes the best defence his case admits, would at any rate, give every encouragement, and means of “eluding the statute,” to those inclined to defeat the objects of the law. Among these objects evidently are those comprehended in the provisions which enforce the necessity of returning fair and true accounts of all goods, not only then on board, but of furnishing proof when required, as to those which had been “any part whatever of the goods of such ship or vessel.” No proof whatever has been adduced to make it appear, that there were in the vessel or had been no goods landed, since they were taken on board, other than those entered, and those discovered after such entry. The captain's declarations on this subject have been proved to be false, by the testimony of witnesses, and the discovery of the goods. I am therefore of opinion, that neither the words, nor manifest intention of the proviso relied on, justify the defence set up in this cause, in point of law—and of course, judgment must be entered for the United States.
FRENCH EXPOSE.
[In our paper of Wednesday, we were under the necessity of curtailing that Expose; our readers are now presented with the most essential parts of the remainder.]
“Among the arts of industry which have made progress in the course of this year, we must enumerate the manufactory of tin. In two of our manufactories they have attained a degree of perfection no ways yielding to that of the English. A premium of encouragement has been given accordingly; and another is also destined to ulterior efforts in the same branch.”
“The mechanics, in their endeavours to simplify their looms, and introduce economy in their labours, have often also improved the quality of their stuffs. Those that are used in the weaving of cottons, have, for several years, been much multiplied; the spirit of invention has brought them to perfection. There is nothing now which we cannot make, and very well. The weaving of the cotton has made as marked a progress as the spinning. These two kinds of industry are already adequate to the consumption of the empire, which is forever liberated from the grievous taxation it has hitherto been under to the Indian manufacturers, and to their oppressors.—The machines best calculated for the manufacture of cloths are already in wide circulation; they have lately been much encouraged by advances made to different manufacturers in the departments.”
“The conservatory of arts and handicraft is daily enriching by the requisition of new patterns, and is entitled to commendation for the information which the pupils receive, who frequent its school of drawing and descriptive geometry. Reforms have been made in the school at Chalons-sur-Marne.”
“The consultation of the chambers of commerce are hastening to present useful views, which will be taken advantage of. The institution for arbitrators for the purpose of deciding with celerity variances that may arise between the workmen and their employers, render to industry services which have been set forth. Since your last session, gentlemen, several towns have demanded them, and there are already some established at Nismes, Aix la Chapelle, Avignon, Troyes, Mulhausen, Sedan and Thiers.”
“Commerce.—The political events have been unfavourable to commerce. It still was kept alive in the midst of the contentions that have deluged the continent in blood, because those nations that were involved in the war preferred their neutrality—that right deemed even in our times inviolable. But the English legislation, already misled by the ambition of universal monopoly, has overthrown the ancient barrier of the law of nations, and trampled their
independence under foot, substituting in the room of them a new maritime code. The ordinances of his Britannick majesty have realized these innovations, that of the 11th of November, 1807, is particularly remarkable; it pronounces, by an universal blockade, the interdiction of all our ports, in subjecting the ships of neutral powers, friendly and even allied to Great Britain, to the visitation of its cruisers, to be conducted to British ports, and there to be taxed by an arbitrary inquisition.”
“The emperor, obliged to oppose just reprisals to this strange legislation, gave out the decree of the 23d of November, ordaining the seizure and confiscation of the ships which, after having touched in England, should enter the ports of France. From these measures, provoked by the British laws, the almost absolute cessation of the maritime relations, and many privations for the French merchants, manufacturers, and consumers, must have necessarily ensued. We all know with what resignation these privations were endured: we know that they are already become habitual, that they have awakened the genius of invention, and produced a thousand resources in substitution of the objects which we are in want of; we know, finally, that a great nation, essentially agricultural, can, by possessing in abundance all articles of utility, easily forego those which only form certain luxuries or conveniences of life, particularly when its independence and glory should be put at stake.”
“These circumstances have favoured one of the greatest scourges of commerce, smuggling. But it has been strongly repressed. The government is preparing new means against this foe to the public revenue, and national industry; the great emoluments it procures excites the most ardent cupidity. These, who ought not to be honoured with the approbation of merchants, lest we should degrade commerce, are still devoting themselves to criminal peculations; they think that they are only braving the shame of an ordinary transgression; but the publick indignation and vengeance will overtake them, and teach them, that under circumstances where the nation employs for its defence, in an unexampled war, the interdiction of all commercial relations with the enemy, the violation of these dispositions is an hostile declaration, a true alliance with this same enemy; that consequently every smuggler renounces the benefit of the municipal laws to be subjected solely to those of war, and that he ought to dread the terrible and rapid application of those laws which authorise the invasion of his fortune and personal chastisement.”
“The government, penetrated with the situation of the French commerce, has strove to mitigate the evils, to provide for its wants.”
“Abroad, a treaty with the kingdom of Italy, secures to France all the advantages compatible with reciprocal justice. In the interior, various sums have been advanced to manufacturers and proprietors of produce, which publick events had accumulated or cramped in their stores.”
“The cause d'Amortissement has interfered in the outfitting of adventurers.”
“A law has limited the bounds of the interest on money; offices established at Lyons and at Rouen are preliminary to a grand system of facility in the circulation of specie and merchandise.”
“The exchange and commercial tribunal of Paris rising for their accommodation a stately palace, on the site of the nunnery of St. Thomas.”
“Conformably to the new code, an organization of the tribunals of commerce of the empire is preparing. The prefects, the courts of appeal, have been consulted on the most eligible sites for these tribunals, as well as on the subject of their number, the judges and their surrogates. A general project has been submitted to the discussion of the council of state, and to the sanction of his majesty.”
“Agriculture.—The prefects, the courts of appeal, and of the members of the general councils of department, formed in commission, are also called upon to give their advice on a project of the greatest utility, that of a rural code, so important to the prosperity of agriculture, and so closely interwoven with national prosperity.”
“In the mean time, one of the principal improvements of which agriculture is capable, is daily effected by the re-organization of our repositories for the breed of horses. Eight new repositories of stallions have been formed this year. Premiums held out to the owners of the best horses brought to the fairs, rewards decreed at the departmental races, are so many additional means of favouring the production of the most eligible species of this animal.”
“Two new sheep farms have been introduced. Six hundred Merinos, of the best breed, have been ordered from Spain; and they are already arrived in France, notwithstanding the variety of obstacles that have occurred on their passage. They will be divided into new establishments, as yet in embryo. The multiplication of the flocks increases rapidly, and we may consider the happy revolution introduced in this branch as completed.”
“May it one day be so also with the culture of cotton. In spite of the contrarieties of a hard spring, and a tolerably cold autumn, the attempts made still give room to hope for ultimate success. We are justified to augur well also of the attempts made on the grape. The rich culture of tobacco is daily extending; that which is gathered in the vicinity of St. Malo equals in quality that of America. France will one day, to judge by appearances, not only supply its own wants with that production, but also export it to her neighbours.”
“The Publick Treasure and Finances.—“Regularity, and a judicious administration, prevail in every department of the publick treasury. The national accounts are reduced to a system the most scientific and luminous; it differs from the mode adopted by the most intelligent merchants only in the extent and necessary complication of the transactions of government.”
“The finances have been gradually brought by the emperor, from a state of dilapidation and confusion, to a state of order and prosperity unknown in the governments the best administered. It is a trophy raised by vigorous exertion, by combinations the most judicious, and by a perseverance which has unravelled the most intricate details, and surmounted incredible difficulties. The nation enjoys the benefit which results from this new sort of conquest. Since France has generously consented to the adoption of indirect taxation, the finances have really been consolidated, and the utmost facility for carrying on the functions of every department of the publick service.”
“The finances in modern times may be considered as the security of states, and the measure of their

stability. If they furnish government only with inadequate, precarious, or oppressive resources, its energies become paralyzed, individuals insolvent; and if war, or any other calamity, should visit a nation under these circumstances, it must subscribe to its own dishonour, or be involved in irretrievable ruin.
"The finances of a state are not essentially and efficiently good until they become independent of circumstances—until they can be maintained independently of the ruinous expedient of resorting to loans and excessive contributions—until, in fine, they are so connected and identified with national prosperity, that they constitute a direct emanation from it, then only can they be deemed solid, efficient, permanent, and essentially national, and particularly, if they have received an organization sufficiently simple; so that in an extraordinary emergency, all the property, and all the individuals may be called upon promptly to furnish their respective quotas in advance."
"The endeavours of his majesty have been incessantly directed to the attainment of this desirable object, and they have been crowned by the most complete success; and the finances are calculated in future to meet with equal effect the exigencies of war and of peace."
"In a period of peace, 600 millions will be sufficient to defray the publick expenses, and will leave a large surplus for national improvements. The receipts, which amount at the present moment to 800 millions, will, according to this arrangement, be reduced one fourth."
"In the time of war, it is not in the contemplation of his Imperial majesty to resort to the illusory expedients of imposing taxes of a novel description, or to hold out temptation to raise new supplies. The contributions on the recurrence of war will be brought back to the war standard—i.e. 800 millions, and even then raised only by 100 or 150 millions at a time, in case of need; and this will be done by a simple scale, or table of proportions, which will enable every citizen to judge of the share he has in the good or bad fortune of the state."
"Observe, gentlemen, that this simplicity has no affinity or connection with that so considerably extolled as the result of a single direct contribution; it is, on the contrary, founded on a conviction that taxes ought to be laid on various objects, that our laws of finance include all the taxes which it was expedient to establish, and that all that is just and reasonable has been effected."
"It remains only to limit to the survey or register, without which the uniform progress of the scale of increase or diminution would be deficient in proportion, and would continue to affect the proprietors of the funds actually surcharged; the making up of this register, which ought to efface so much inequality, to repair so much involuntary and inevitable injustice, is pursued with so much constancy, that those who disbelieve the practicability of this immense work, no longer doubt of its speedy execution. I must not here omit, gentlemen, the creation of the court of accounts, to the establishment of which you co-operated in your last session. This court ought, by the distribution of its duties, and the number of its members, to be adequate to all the occasions, and responsible for all the labours that may be entrusted to it. The principles upon which this establishment rests, the choice of its members, the consideration in which they are held, every thing guarantees the success the government has promised itself—that of a salutary control over the several accounts."
Administration of the War Department. —"The same principles of order, and the same views for the acceleration of the service, have influenced the general direction of the commissariat, whose first essays justify the expectation that had been formed. This administration renders the supplies of the army independent of contractors, who have so frequently done injury, at the same time that it secures the advantage of our economy, very essential to the publick funds."
Marine. —"Though, during the present campaign, the government has limited its maritime operations, still a squadron, armed at Toulon as it is by enchantment, and conducted with skill, has been able to defeat, by able manoeuvres, the combinations of the enemy, by conveying to Corfu two years supplies of men, artillery, provisions and ammunition. After having thus rendered useless the expedition with which that barrier of the Adriatic was threatened, the fleet of admiral Guilleume returned safe thro' all the difficulties of a boisterous navigation, and all the dangers of continued tempests. The colonies have in like manner been successfully supplied with provisions, by squadrons of frigates and corvettes, which, while they fulfilled that important object, had, like the squadron that went to Corfu, the advantage of making prizes of a great number of the enemy's ships, richly laden. In India, prizes to the value of 15 millions have been the result of the cruizes of our frigates, one of which only has surrendered, and that after a glorious contest against a superior force."
"Our privateers in all parts of the world, and above all in the seas of India and Guadalupe, have proved themselves formidable to the enemy. But it is not so much with a view to what it has done, but to what it may do with time, that our marine ought to be considered. Ten ships of the line, constructed in the docks of Antwerp, and fitted for sea many months since, are awaiting their destination. The flotilla of Boulogne, kept up and equipped, is still in readiness to undertake the operations for which it was originally created."
"Twelve ships of the line, and as many frigates have been launched within the year; and 25 more, and as many frigates on the stocks, attest the activity of our dock-yards. Our ports are preserved in perfect order, and the creation of that of Cherbourg is so far advanced, that its basin may be expected to be in a state to contain squadrons before the lapse of two campaigns."
"Spezza is about to become a second Toulon. The union of almost all the coasts of the Mediterranean to France, secures to our arsenals and our ships abundant supplies of provisions, stores, and men. Venice, Ancona, Naples, and all the means of Holland and Italy, are in motion."
Upon the foregoing, the London Times remarks: —"In the annual exposition of the state of the empire, there is a great variety of falsehoods, of which we shall point out the most striking. The system of commercial restriction is falsely stated to have originated with England, in the promulgation of the orders in council on the 11th of Nov. 1807, which Buonaparte is here, by his minister, said to have been 'obliged to oppose by his decree of the 23d of
'the same month in the same year;' whereas he had before obliged us to have recourse to these orders of council, by his monstrous Berlin decree of November 21, 1806, declaring the British islands in a state of blockade. The war in Spain is said to have been excited by us: a thing so palpably untrue, that the British commanders upon the coast of that country were much more surprised than the French ones in the interior at the first expressions of enthusiastic patriotism that burst forth at the same instant from the Pyrenees to the Mediterranean. But the atrocious villainy that provoked these, is entirely passed over in silence; the means which France possesses of ensuring a successful termination of the Spanish war, are blazoned with bombastick pride."
"But if the above are instances of gross falsehoods, the following passage contains a melancholy truth:—"What a presage does the heroick army of Portugal offer to us, which struggling against double its force, has been able to raise trophies of victory on the very land where it fought to such disadvantage, and to dictate for itself a glorious retreat."
"A camp of 100,000 men is, it is said, to be formed at Boulogne, from the troops who have left the Prussian states. We believe that no men will be suffered to remain long at Boulogne, but that the troops lately in the north of Germany will be conveyed from the plunder of one innocent people to aid in the destruction of another, with as much speed as possible. The publication of this falsehood seems, however, to indicate some fear in this quarter, which, we hope, if opportunity serves, will be realized."
CONGRESS.
HOUSE OF REPRESENTATIVES.
Friday, January 13.
Mr. Burwell , from the committee appointed on the 23d ult. presented a bill authorising the President of the United States to grant permission to vessels to depart from the ports of the United States for the purpose of importing salt. It was read a first and second time, and made the order of the day on Monday next.
The following letter was presented by Mr. Burwell with the bill:
TREASURY DEPARTMENT.
January 7th, 1809.
SIR, I had the honour to receive your letter of the 27th ult. requesting such information as I may possess respecting the means of obtaining immediate and permanent supplies of salt from the establishments of the United States.
The annexed statement A. shews the annual consumption of imported salt for each of the calendar years 1802—1807, after deducting the quantities used for the codfishery, and also for the pickled fish and salted provisions exported from the United States.
The annual average is almost three millions of bushels, weighing each 56 lbs. equal to 75,000 tons, and requiring in fact 125,000 tons of shipping for its importation. It must also be observed that the deductions above mentioned being calculated by the allowances on fishery and drawbacks; and the allowance being in fact, greater than the amount of duty on salt employed in the codfishery, the quantity of imported salt actually consumed in the United States is greater than appears by the statement.
The statement B. is intended to shew the gross amount of salt annually imported for the years 1802—1807, and the countries from which imported.—The manner in which the accounts are kept at the treasury has rendered it more convenient to give the amount in this instance for the years ending the 30th of September, than for calendar years.
It will be perceived by the statement A. that the domestic establishments have not increased, even in the same ratio as the population of the United States, for the average of their consumption of imported salt is greater for the last than for the first years of the statement. Considering also the regularity of the importations, and the well known fact that the article has been principally imported as ballast from England, there is reason to believe that the quantity of salt now in the country is very inadequate to the supply of the present year: and I am confident that there can be no reasonable expectation of the deficiency being supplied for that year from internal resources.
I am, therefore, clearly of opinion, that every encouragement should be given to immediate importations, and that measures should at the same time be adopted for the purpose of insuring for the succeeding years a supply from domestic establishments.
The only means of promoting immediate importations, appear to be, 1st. either to except salt from the operation of the non-intercourse act, or to put off the general operation of that act, till the first of July next; which last alternative appears in every respect the most eligible: 2dly, to authorise the president to permit American vessels to proceed, during the continuance of the embargo, to such foreign ports as may be designated by law, for the sole purpose of bringing in cargoes of salt.
The internal resources must be drawn from either the salt springs in various parts of the Western states, from the Onondaga springs in the state of New-York, or from the Atlantic shores.
The high price of salt in the Western states does not arise from the actual expense incurred in manufacturing the article; for it does not cost more than 75 cents per bushel at the Indiana or Wabash Saline; and yet its market price has not been less than two dollars. It follows, that the price is kept up by reason of the quantity made being much less than the actual demand, and therefore that no considerable attention can be expected from that quarter; none certainly beyond the wants of that part of the country.
The quantity of salt made at the Onondaga Springs may certainly be considerably increased.—I have been informed that about 300,000 bushels are now annually made; and that the amount might, perhaps, be increased to 600,000. On that subject, however, I cannot form a positive opinion; but am satisfied that the most sanguine calculations fall very short of the annual consumption of the United States, and that the principal resource to be relied on is the increase of establishments on the sea shore. These may be multiplied in numerous places from Massachusetts to Georgia; and although the repeal of the law laying a duty on importation has checked their progress, experience has proven that capital may be advantageously employed in
that manufacture. I think that nothing more is necessary to induce at present, the application of a capital sufficient in a short time to produce an adequate supply, than the certainty of not being ruined by the competition of large importations at reduced prices. But it is doubtful whether it would be most eligible to effect that object by a bounty on the domestic manufacture, or by a renewal of the duty on the importation, to take place after the first of January 1810, and to continue for years. A combination of both would perhaps be best calculated to ensure success, and also most equitable. But a duty on importation alone is the easiest to execute, and is not liable to any constitutional objections.
The encouragement thus given to domestic establishments, may indeed, during the number of years to which the duty or bounty would be limited, encrase the price of salt. But that temporary inconvenience should be cheerfully submitted to, if an adequate supply of that necessary article may thereby be ever after insured on reasonable terms, and from internal resources not liable to be affected by war or by any other interruption of commerce.
I have the honour to be, &c.
ALBERT GALLATIN.
Hon. Wm. A. Burwell, Chairman, &c.
CONTINUATION OF FOREIGN INTELLIGENCE.
From papers received at the Office of the Publick Ledger, by the British ship Loudon, Capt. Amory, from Liverpool.
CORUNNA, November 6.
On the 2d instant landed here lord Holland and his highly esteemed family. This distinguished personage, not less from his rank and fortune, than his attachment to the Spanish nation, deserves our highest consideration, respect, and affection. All classes of the community are indebted to this generous nobleman for acts of kindness or encomiums, not forgetting the most celebrated of the literati.—The Spanish publick gratefully welcome his arrival; and our satisfaction is increased by the reflection, that we have among us one of the most respectable individuals in Europe, from his rank, information, and patriotism.
November 8.
A despatch has been received by the Junta of this kingdom, from his excellency gen. Joaquim Blake, captain-general of Galicia, dated Nov. 1, containing the duplicate of a despatch which he had sent to the president of the supreme central junta of government at Aranjuez, and is as follows:
"Most Excellent Sir,
"The enemy having received great reinforcements from France within these few days, and having collected the whole of their forces into one body, attacked yesterday our troops posted at Soroza, who fought with great bravery; but after an action that lasted the whole of the day, they were forced by the enemy's superior number, who threatened to cut them off, to abandon their positions. I cannot yet inform your excellency of the amount of our loss, or of the particulars of the action, not having yet received the reports of the commanders of the divisions engaged. A thick mist, which concealed the movements of the enemy, favoured greatly his attack. Wherever I was present, I witnessed the utmost bravery on the part of our generals, officers, and soldiers; and from the obstinate resistance which they made to the enemy in every point where they attacked, I am persuaded that they all behaved themselves like true Spaniards; and in this conviction, and in the belief that the enemy has suffered enormously, I am confirmed, by his not attempting to follow us. When I saw the troops falling back, and the greater part of them taking the direction of the high road, I formed a junction of the different corps engaged in the action, and led them to the Sierra of Viscargui, on the left flank of the enemy, from whence, after allowing them to rest for about two hours, I marched them by Logrono to the heights of Bilbao, the rear guard of the army being covered in this retreat by the marshall de Camy, D. Nicolas Mahy; and this morning I left them at Bilbao, under the command of that officer, while I proceeded to take new positions for the army, adapted to its present circumstances, availing myself for that purpose of the Asturian troops, the army come from the North, and the second division of the army of Galicia, which were not engaged in the action, I communicate the whole to your excellency, for the information of the supreme junta."
"God preserve your excellency many years."
JOAQUIM BLAKE.
"Hirandegui, Nov. 1, 1808.
"To his excellency Count Florida Blanca."
"P. S. I am this instant informed, that the whole of the French army has appeared before Bilbao, in consequence of which, and the orders given to general Mahy, that town will be evacuated, and the troops under his command will fall back to join the rest of the army, the head-quarters of which I mean to establish at Valmaseda."
November 9.
On the 7th, his excellency lord Paget, general of cavalry, and lieutenant-general in the British army, landed at this place. Yesterday came into harbour the first division of the transports, having on board 5,000 cavalry, under the command of the brave officer just mentioned. It consists of 70 vessels, and the other two divisions expected consist each of an equal number.
TARRAGONA, October 26.
The Spanish troops who were at Lisbon, consisting of sappers, artillerymen and dismounted cavalry, and the grenadiers of Castile have disembarked at Tortosa. The English convoy has also brought us 22,000 muskets, and more than a million of cartridges, besides other articles of ammunition.
SARAGOSSA, October 29.
Yesterday entered this city 9000 Murcians, on their way to join our army. They are all fine young men. This place is so strongly fortified, that if the French could not before subdue it in a siege of two months, it would now defy the whole power of France.
MURCIA, October 8.
On the 5th arrived here one Vicente Galan, from Malta, his native place. He sailed fifty days ago, with an English squadron with which he kept company as far as Mahon. In the ships of war and transports, there were 10,000 English troops, and 5000 Maltese, with officers of the respective countries. From his various conversations with them, he learnt that they were bound to Tarragona, whence they were to march to besiege Barcelona. He remarked the utmost harmony among them, and an
anxious zeal to contribute to support the just cause of the Spaniards.
MADRID, October 29.
The troops composing the first division of the army of Estremadura, passed through this city to-day in the following order:—A detachment of cavalry of the volunteers of Spain, a battalion of light troops of Estremadura, twelve pieces of cannon, and four eight and four inch howitzers, 21 ammunition waggons, &c.; a new levied and fine looking battalion of the Spanish guards, two companies of sappers, two battalions of the regiment of Majorca, a battalion of provincial grenadiers, a battalion of the volunteers of Catalonia, four pieces of cannon, with a howitzer, and five waggons and tumbrils, three squadrons of cavalry of the volunteers of Spain.
The appearance of the cavalry and artillery is excellent, and the soldiers are well clothed. The provincial grenadiers are nearly all in white uniform.—The clothing of the rest of the troops is only temporary, but uniforms are making for them in Estremadura. Content smiles in their countenances; they marched with a regular and firm step, and afforded the highest satisfaction to all who saw them. They carry with them the blessings of a city whose inhabitants, whatever might be their wishes, had not an opportunity of giving them such a reception as they merited.
The battalion of the volunteers of Llerena have also marched for Burgos, and the cavalry of Tejas for Soria. The exertions making for sending off all the troops, indicate that the government is resolved to expel the enemy without delay from Spain, or that advice has reached it of his receiving reinforcements.
MURCIA, October 22.
On the 20th, at half past one o'clock, arrived here the first division of the troops of Andalusia, on their march for Catalonia, under the command of general Reding. It consists of 2500 effective men, and is called the regiment of Lliberia, or the 1st of Granada, the colonel being Don Francisco de Cordoba. This body of tall, good-looking men, well clothed, and all armed with the muskets and bayonets taken from the French at Baylen, were received by an immense multitude who went out to meet them. They entered the city under a magnificent triumphal arch, prepared at a considerable expence. At one side of the arch there was a complete band of music, whose harmonious strains accompanied by repeated acclamations of "Long live our beloved Ferdinand VII." The officers were quartered at the houses of the most opulent persons in the city, and the soldiers were billeted upon the other inhabitants, who vied with each other in shewing them this mark of respect, some bringing home with them 15 to 20 soldiers; thus affording a proof of Murcian loyalty, and their zeal to encourage those brave soldiers who unite with them in the defence of their religion, their king, and their country. These troops continue their march to-day for Gribuela, and thence to their ultimate destination; and the other three divisions of this army will arrive in succession. The total of its force is 8,226 men, viz. 7,200 infantry, and 1026 cavalry, with 12 pieces of cannon, from 4 to 8 pounders.
GRANADA, October 12.
Its active preparations for sending off the troops they have raised, have made arrangements for the departure to-morrow of the second regiment of infantry of the line called the regiment of Baza, consisting of 2,400 men. This corps, with those that preceded it, and those that are to follow, form a total composing the following force:—On the 8th, marched off the Lliberia infantry of the line, 2,400 men. The 10th, six pieces of flying artillery, with 130 men and 138 horses. The 12th, the Baza infantry, 2,400 men. The 15th, the royal hussars of Granada, 670 men and 670 horses. The 6th, the Almeria infantry of the line, 2,400 men. The 20th, one battalion of Reding's Swiss regiment, 1000 men.
Second Division.—On the 24th, the first battalion of Santa Fe infantry of the line, 1200 men. The 26th, the second battalion, 1200 men. The 28th, the chasseurs of Antequera, 1200 men. The 30th, the first battalion of Loxa infantry of the line, 1200 men. The 3d of November, the second battalion, 1200.—Grand total, 15,000 men and 808 horses.
Besides these, we are now raising a new regiment of dragoons of Granada, two battalions of chasseurs of Malaga of 1200 men each, and a regiment of light infantry of the coast of Granada.
THESPIAN SOCIETY.
[The Committee appointed at the last meeting of the Thespian Society, for the purpose of examining into the state of the Company's funds, beg leave to report:]
That on examination of the Treasurer's accounts which are now finally made up, they find, The total receipts of the company since its commencement to be
$3893
The wardrobe, music, rent of Theatre, and other contingent expenses, amounting to
$2072 77
Amount of distributions to the poor
1776 46
Proceeds of the surplus provisions at the victualling-house
12
Accounts for house rent and medicine, (outstanding)
94 63
Balance due by the Society
38 86
3943 86 $3943 86
They also find, that all the debts of the Company have been discharged, excepting those for house rent and medicine, which amount to 94 dollars and 86 cents, exceeding the amount in the Treasurer's hand, by 38 dollars and 86 cents, which they report to be the exact balance for which the Society is indebted.
January 20.
AUCTION.
TO-MORROW the 21st instant, at 12 o'clock, before my Office, Will be Sold,
9 Hogsheads LOAF SUGAR.
All sums under 200 dollars, CASH—over, Notes at 60 days with approved endorsers.
Sol: Marks, jun.
Jan. 20.

FOR SALE. By virtue of four separate deeds in trust from Bart. Yates to satisfy sundry claims, will be sold at Gloucester Courthouse, on Saturday the 4th February next, for ready money. Four likely young NEGRO MEN, two of them are very excellent Blacksmiths, the third a Carpenter, and the fourth accustomed to different sorts of labour.—These negroes are under most excellent characters William Jones, Ex'r. of John Callett, dec'd.
January 9 The Sale of the above Negroes was postponed on the 24th December, on account of the badness of the weather. W. J.
Valuable Property, for Sale.
On Friday the 3d day of February, Will be Sold to the highest bidder at the Exchange in Norfolk, the following PROPERTY, belonging to the estate of Phinehas Dana, deceased.
That elegant three story fire-proof DWELLING HOUSE, at the lower end of Main-Street, commanding a beautiful view of the river (calculated for the accommodation of two families) and the adjoining LOTS on which are Two Stables and Two Carriage Houses.
A well finished two-story dwelling-house on Bermuda Street.
A fire-proof three story Warehouse on Commerce Street.
Two small Tenements on Broad-water Street. And one half of the WHARF, lately occupied by Allen Gorham. One fourth of the purchase money must be paid on the day of sale, and for the balance approved negotiable indorsed notes will be required, payable at three, six, nine and twelve months, and a deed in trust on the property to secure the payment.
And at the same time will be sold for ready money, the following property, belonging to said estate:
 60 SHARES of NORFOLK MARINE STOCK,  25 do. Bridge Stock.  A FEW in the Presbyterian Church.  A CANAL SHARE and a SHARE in the Norfolk Theatre. 
James Young, Adm'r. to the estate of P. Dana, dec'd. Jan. 4.
Phoenix Fire-Office, Norfolk.
NOTICE. The following Policies issued from this Office expire in the month of January, 1809, viz:    283067 283187 283196 283205   69 188 197 206   73 189 198 207   179 190 199 208   181 191 200 209   183 192 201 210   184 193 202 211   185 194 203 247   186 195 204 248   Richard Taylor, Agent. January 11.
REMOVAL.
THE SUBSCRIBERS have removed to the end of Newton's Wharf, to the house lately occupied by Mr. Myers. JENNINGS & RODDEY. January 11.
Norfolk Draw Bridge Company.
At an annual Meeting of the Stockholders held at the Exchange Coffee House on Monday the 9th inst. the Members declared a dividend of forty-five cents on each Share on the Capital Stock of the said Company, which will be paid to the Stockholders, or their legal representatives, on or at any time after the first of February next. Wm. Cammack, Treasurer. January 11.
ADVERTISEMENT.
The GLEBE LAND in the Parish of Portsmouth being without an incumbent, the same will be Sold on Monday the 6th day of February next, on the premises, at 12 o'clock. This Tract of Land contains about 175 acres, and is pleasantly situated at the mouth of Elizabeth River, a proportion of which is cleared, and the balance abounds with good Timber. It is situated about two miles from the Towns of Norfolk and Portsmouth, by land, or water, which renders it a desirable situation. A credit of 12 months will be allowed the purchaser, agreeable to the Act of Assembly, upon giving bond and approved security to The Overseers of the Poor Norfolk County. Jan 4.
FOR NEW ORLEANS, The American Ship ELIZABETH, 300 tons burthen, Timothy Tufts, Master, in complete order, will be ready to depart the 25th inst. For freight or passage apply to the captain on board, or to C. & F. Whittle, Who are Landing per Gould's packet, a parcel of Choice Baltimore WHISKEY.
NEGROES will be taken in the above vessel at a moderate freight. Jan. 4.
FOR RENT. A Convenient Dwelling House on the Main-Street, near the Bridge, next door to Mrs. Archer. Also, That commodious House on Catharine-street, at present occupied by Mr. James Dykes, adjoining the subscriber; they have excellent gardens, and all convenient out-houses. Also, A very convenient Dwelling-House, just finished, on Commerce-street. For terms apply to James Tucker. August 15.
JOHN PENDREDS Boot and Shoe Manufactory, No. 70, MAIN-STREET. The public 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 Backstraps, single do. and Cogs-sacks, executed with the greatest dispatch. August 14.
FOR RENT, That delightful little FARM,
Belonging to the estate of David Patterson, deceased. SITUATED on Elizabeth River and Tanner's Creek, adjoining the land of the quarantine-house, containing about 65 acres, the greatest part of which is cleared and fit for immediate culture; has on it a good comfortable dwelling house, kitchen, &c. for a small family, a most excellent garden, apple and peach orchard, and its convenience to the best fish, oysters, and Norfolk market, must render it desirable and valuable. For terms apply to D. R. Waddy.
ALSO, FOR RENT, A TRACT OF LAND,
Containing about 260 acres, in the county of Princess Anne, adjoining the tract now advertised for sale by Mr. Tully Robinson. This tract is well timbered and well worth the attention of a good farmer, who might in a short time put it in a state of high cultivation. And for Hire, A Valuable BLACKSMITH, With a complete set of Tools. For terms apply as above, or to Capt. Thomas Calvert, near Kempsville. Dec. 12.
NOTICE.
All persons indebted to the estate of David Patterson, deceased, are desired to make immediate payment; and those having claims to render them properly attested, to D. R. WADDEY, Adm'r. Nov. 16.
TO HIRE, A Negro Man
Accustomed to plantation work. Apply to the Printer. Dec. 23.
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 500 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 country, 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 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.
Norfolk Borough, At a quarterly session court held the 28th day of November, 1808.
The Marine Insurance Company of Norfolk, Against Felix Corran, Michael Corran, Noble and Arbuthnott, & co. and Theodoric Armistead, Defendants. In Chancery.
THE defendant Felix Corran 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 plaintiffs by their counsel, it is ordered that the said defendant Felix Corran do appear here on the fourth Monday in February next and answer the bill of the Plaintiffs, 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 Michael Corran, Noble and Arbuthnott, & co. and Theodoric Armistead, who have effects of the said Felix Corran 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. Dec. 2.
FOR RENT, That convenient BRICK HOUSE in Market Square, at present occupied in part by Mr. Fabre—it is well calculated for two Grocery Stores below, and will be neatly fitted above for the residence of families—possession given the first of January. Apply to William A. Armistead. Dec 14.
TURKS ISLAND SALT. 3000 bushels Turks Island Salt now on board the brig Alert, captain Hatchard, from Turks Island, for sale by William Pennock. Dec 21.
27,000 feet MAHOGANY, 5 ton LOGWOOD, 3 do. BRAZALOTTO, 60 lb. TORTOISESHELL, being the Cargo of the British Schooner Hannah, from Honduras, landing this day on our wharf. And for Sale, by C. & F. Whittle. We will barter 800 hds. Petersburg tobacco for colonial produce Dec 28.
NOTICE.
THE Partnership of T. & W. A. ARMISTEAD is this day dissolved by consent of parties. The settlement of its concerns devolves on W. A. ARMISTEAD, who is authorised to grant discharges, and on whom all persons having claims against the Firm, are requested to call. January 5.
W. A. Armistead and George Kelly, have entered into Co partnership. Their business will be conducted under the Firm of ARMISTEAD & KELLY. January 16.
THIRTY PIECES RUSSIA CANVASS, OF THE FIRST QUALITY, For Sale for Cash, by Niemeyer & Von Kapff. January 13.
LOST, Certificates for Stock in the Bank of Virginia, as follows:
 4 SHARES in the name of William Pennock,  2 do. in the name of Sarah C. Pennock,  2 do. in the name of Courtney Pennock,  2 do. in the name of William H. Pennock.  TEN SHARES; for which ten shares application will be made for renewals, according to law. William Pennock. January 9.
Phoenix Fire Office No. 13, MARKET-SQUARE, NORFOLK.
INSURANCE UPON SHIPS.
NOTICE is hereby given that the following premiums only, will henceforward be charged by this company for insurance from fire upon Ships, Vessels, and all Water Crafts, and also upon Cargo on board, in the seaports and rivers of Virginia and North-Carolina.
  One month 12 1/2 cents per $100   Two do. 20 do. do.   Three do. 25 do. do.   Four do. 30 do. do.   Five do. 35 do. do.   Six do. 40 do. do.   Seven do. 45 do. do.   Eight do. 50 do. do.   Nine do. 55 do. do.   Ten do. 60 do. do.   Eleven do. 65 do. do.   Twelve do. 70 do. do. 
The above premiums will be charged for any sum not exceeding 40,000 dollars in one risk; but a separate sum must in all cases be specified on the ship and another on the cargo. Richard Taylor, Agent. Dec. 19.
DR. ROBERTSON'S Celebrated Stomachick Elixir of Health.
Which has proved by experience, to be the most valuable medicine, ever yet offered to the public for curing the Gout, Cramp, and wind in the Stomach: also a certain cure for the Dysentery, or Bloody Flux, Cholera Morbus, severe Gripings, and all other diseases of the bowels, a dose never fails to remove a cold if taken from after its first appearance. It is also celebrated for carrying off superfluous bile, removing habitual costiveness, sickens at the stomach, severe head ache, &c. &c. The following certificates are selected from the many respectable ones lately received by the proprietor, and are now in his possession.
Certificate of Mr. William Julion, carpenter and builder, No. 69, South Fifth-Street, Philadelphia. SIR—My wishes to promote the interest of superior merit, and to afford consolation to the afflicted, induces me to request you will lay my case before the public, as an incontrovertible proof of the astonishing efficacy of Dr. Robertson's invaluable Stomachick Elixir of Health.
I do hereby certify, that I was seized most violently with the dysentery, or bloody flux, which reduced me so much that I was confined to my bed, and became so weak that I could not move without assistance. My situation at that time became seriously alarming, as no relief could be obtained, I was given over, and even death would have been desirable to me, had not a friend of mine, who by chance called to see me, who had just recovered from a similar complaint, though not so severe as mine. He informed me that he was cured by taking Dr. Robertson's Stomachick Elixir of Health, and advised me to send to you for a bottle. I immediately did so, and by following your instructions given with the bottle, before I had taken half a bottle, I found myself much relieved, and my disorder greatly abated, and by continuing to take it, in one week I was able to walk out, and in less than a fortnight was able to attend to my business. I therefore recommend every family to be provided with this invaluable medicine, particularly those who live at a distance in the country, where assistance cannot be immediately obtained. As I am convinced that Dr. Robertson's Stomachick Elixir of Health, is the most effectual remedy in the world, I have since recommended it to several of my friends in similar complaints, who have always been relieved immediately after taking it. Should any person with to be more fully convinced of my case, I will with pleasure explain it to them by applying to me. I am with a due sense of the benefit I have received thro' the efficacy of your medicine, Sir, your humble servant, WM. JULION.
Mr. Dyott, Philadelphia, July 15th, 1807.
Certificate of Mr. George Stokes, South Water Street, Philadelphia.
SIR—For the benefit of the afflicted, I think proper to inform you that Dr. Robertson's Elixir of Health, has been to me, one of the most effectual service. I had been a long time afflicted with a pain in my stomach, and continual head-ache, attended with a sickness at the stomach, which brought on a vomiting and lax, which continued on me until I became in a very weak state, without being able to get any relief, until I tried one bottle of Dr. Robertson's Elixir of Health, which entirely cured my disorder, except a weakness and want of appetite, for which I have since taken Dr. Robertson's Stomachick Wine Bitters, which quite restored my strength and appetite, and I now enjoy better health than I experienced for many months before. As I consider your medicine to have been the means of saving my life, I solicit you to publish my case for the benefit of others, who by abiding by the directions given with your invaluable medicines, will embrace the same means by which I have happily effected my recovery. I am, Sir, your obedient servant, GEORGE STOKES.
Mr. Dyott. Philadelphia, August 1, 1807.
ADDITIONAL CERTIFICATES. Of Mr. John T. Solomon, Sixth near Race-Street, Philadelphia.
SIR—For the good of the public and benefit of the afflicted, I think proper to inform you, that having laboured for upwards of six months, under a very bad cough, attended with a difficulty of breathing, pains in my breast and side, and a sickness at my stomach; having lost all appetite, I became so very much reduced in my strength as to be unable to walk. I was considered in a consumption, and given up for a lost man. In this hopeless situation I had recourse to Dr. Robertson's Stomachick Elixir of Health, and to my great astonishment, before I had taken one bottle, found myself very much relieved. I expected a great quantity of phlegm, which has eased me of one of the most violent coughs that ever man had; I have taken it regularly ever since, and now find myself completely recovered, and shall certainly, for the benefit received, recommend it as far as I can, believing it to be a most efficacious medicine in the above complaint. I am, Sir, with great respect, Your obliged humble servant, JOHN T. SOLOMON. Mr. T. W. Dyott. August 22.
Certificate of Mr. John Lee, Philadelphia.
DEAR SIR—By the administration of Dr. Robertson's Elixir of Health, and that the public may be acquainted with the good effect I have received from it, I wish you to publish the following: About a fortnight ago I was seized with the influenza, or a violent cold attended with a pain in my limbs, and a violent cough, which ensued on my lungs, and having been for some time before in a weakly state, I expected a consumption must soon have followed, had I not been advised to try Dr. Robertson's Elixir of Health, which has effectually removed my complaint, and I now feel better health than I have for some time before. It is impossible to say too much in favour of this invaluable medicine, as I am clearly convinced it is the most efficacious remedy ever offered to the public, in the above complaint. I am, Sir, your obliged servant, 'JOHN LEE. Mr. Dyott. November 11.
The above Medicine is sold wholesale and retail by the proprietor, T. W. DYOTT, No. 11, North Second-Street, Philadelphia; and by appointment at BONSAL & CONRAD'S Book Store, Norfolk; and at SOMIRVELL & CONRAD'S, Petersburg. May 25. lawly
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.
COWPER & GRAY HAVE A LARGE TRACT OF PRIME JUNIPER SWAMP,
Adjoining the Lake—which they wish to lease for the term of five years. Terms will be made known on application to G. Gray in Suffolk, or W. Cowper, in Gates. Suffolk, Jan. 9.
FOR SALE In our Ware-House, where the largest vessel can come along side,
15,000 bushels of CORN, 2000 do. do. white, 30 bales Cotton. Also,
4000 bushels coarse SALT,
150 sacks Ground Allum do. 45 hogsheads old Antigua Rum, do. Jamaica do. 40 hogsheads Sugar, 80 barrels do. A few casks excellent Port Wine, Coffee in hogsheads, Madeira Wine, 45 crates Earthen-ware, Tobacco from several inspections. GEO. MURRAY, & Co. September 9.
FOR SALE, 3000 bushels Turk's-Island SALT,
Now on board the Schoop Julian, Capt. Stowe. Also,
21,000 feet MAHOGANY,
A few puncheons Old Antigua Rum, New do. Molasses, Sugars, Indian Meal in barrels. John Granbery. September 21.
The CARGO of the British Brig Meanwell, from St. Kitts—Consisting of Prime SUGAR and MOLASSES,
For Sale, by C. & F. Whittle. Dec. 5.
German Linen for Exportation.
NIEMEYER & VON KAPFF, OFFER FOR SALE
At their Warehouse in Water-Street, at the corner of Maxwell's wharf, for cash, or approved paper only.
54 packages of German Linen, consisting of 140 pieces Osnabrigs, 60 pieces Tickenburgs, 500 pieces White Rolls, } Entitled to Drawback. 900 Heedens, 80 pieces Hessians,
1 case Platlillas, 1 case Table Cloths, 1 case Shirt Linen, 1 case Bed-Ticking. 1 case Sheetings,
ALSO,
40 pieces best Russia Canvass, 700 Straws 1-2 pt. Turn-bags, 65 do. Topgallant Duck, 30 doz. do. Decanters, 8000 Coffee Bags, 350 pieces excellent Oil Cloth, 3,500 Gunny Bags, 350 pieces Paper Hanging, 90 boxes best Spanish Segars, 3 cases Port-Wine. 50 boxes English Pipes,
And at their Store in Main-Street, a great variety of Cutlery and Fancy Articles. Apply as above. Nov. 9.
FLOUR.
FOR SALE, BY JOHN GRANBERY,
AT HIS WARE-HOUSE ON COMMERCE-STREET, A small quantity of very excellent
New Flour,
in barrels and half-barrels, now on hand, fit for family use, and a regular supply expected from the Columbian Mills—Richmond inspection. CASH given for good new flour barrels and half-barrels. Nov 9.
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.
NORFOLK DRAWBRIDGE.
Extract from the proceedings of the Company at their annual meeting, on the second Monday in January, 1809.
"RESOLVED, That the regulation heretofore made, allowing persons to pass and return during the same day, for a single toll, or 4 d. be, repealed, and that from and after Monday next, the 16th inst. the Toll-Keepers shall demand and receive the full tolls as regulated by law, excepting always those from this regulation who have, or may contract for their passage by the year." Luke Wheeler, President. John Southgate, Robert Maitland, Walter Herron. January 13.
WANTED ON RENT, A HOUSE, in a convenient part of the Town, for a small family.
Apply to the Printer. January 13.
FOR RENT, And possession given the 1st day of January,
The HOUSE at present occupied by Mr. Argote, near the Virginia Bank.—Apply to Edward Roberts. December 9.
NORFOLK: PUBLISHED THREE TIMES A-WEEK,
BY WILLIAM DAVIS,
FOR THE PROPRIETOR, Opposite the Exchange Coffee-House. Price Six Dollars Yearly, in advance.