Norfolk gazette and publick ledger (Norfolk [Va.]), 1808-09-26 00:00:00

NORFOLK GAZETTE And PUBLICK LEDGER  INT HOC SIGNO VINCES
[VOL. V.
MONDAY EVENING, SEPTEMBER 26, 1808.
NO. 31.]
From the Boston Gazette.
A BANK CAUSE
Having lately excited much attention in this town, the following outline of it is published to gratify publick curiosity.
LAW.
Report of a case, argued and decided, at the late July term of the Court of Common Pleas, in Suffolk county.
Gilbert & Dean, Plaintiff,
vs.
The Nantucket Bank.
The case which is here briefly reported, was founded upon what is commonly termed a Bank Bill , issued by the Nantucket Bank. The plaintiffs, being possessed of a Thirty Dollar Bill, sent an authorized agent to present it to the Bank for payment, who on a certain day presented the same, and after spending the large portion of the bank hours in the bank, could not obtain payment. All the bills issued by the Nantucket bank, are in the same form and worded in a similar manner. By each of these bills "The President, Directors and Company of the Nantucket Bank," promise to pay a certain person, or the bearer, so many dollars on demand. Payment not having been made when the plaintiffs' thirty dollar bill was presented, "The President, Directors and Company of the Nantucket Bank," (the words used in the bills) were summoned to answer the plaintiffs in a plea of the case, founded upon the promise contained in the bill, the plaintiffs averring that they were the bearers, and that the bill came to them for a valuable consideration. "The President and Directors of the Nantucket bank, the defendants in the action came, &c. and plead they never promised, &c."
The evidence for the Plaintiffs, was as follows:—A witness was called, who testified that on the day named, he was in the Nantucket bank, when he saw the plaintiffs' agent come in, and in their name demand payment of a certain thirty dollar bill, which he (the Witness) was enabled to identify, because he then put the initials of his own name on the back of it. Upon examination, he said it was the bill declared upon and shewn to him at the trial. The counsel for the plaintiffs then offered to read the bill to the jury, but the counsel for the bank objected. The objection was, that there was no such corporation in being as the defendants summoned—that in this action no judgment could be rendered, and if a judgment was rendered, no execution could be levied. The stile of the bank in the act of incorporation was the President and Directors of the Nantucket Bank —the word Company was not mentioned. True it was, from accident or design, if you please, the President, Directors and Company of the Nantucket Bank , was the name and stile of the promisors in the bills issued by the bank; yet because the bank had issued their bills in a wrong name (purposely perhaps) and had been sued by the same name, therefore the plaintiffs ought not to be permitted to read the bill to the jury, and ought not to have a verdict, judgment and execution in their favour. This was the substance of the objection.
To this it was replied, that if the defendants were misnamed, they ought to have plead the misnomer in abatement: That now it was too late, after coming in and confessing themselves the real defendants summoned, and pleading in bar: That to permit the objection to prevail was to permit the defendants to defraud the publick, and take advantage of their own wrong, &c.
After consultation, the court permitted the bill to be read to the jury—the hand writing JOSEPH CHASE , the President, having first been proved.
It there appeared in evidence, from two witnesses, who were in the bank when the demand was made, one of whom kept a journal of the proceedings there, that the person who acted as Teller did not absolutely refuse payment, but stated that his rule was to attend to one person half an hour, and if he had not then finished with him, to give the next half hour to the next person in waiting, and so on. The agent of the plaintiffs then waited upwards of an hour, and was afterwards told that his turn could not come before the bank hours were over for the morning. In the afternoon he attended again and met no better treatment, and could not during the whole day get his bill paid. It appeared further from the testimony of these witnesses, that the person who acted as Teller, (and there was but one person in the bank) purposely wasted the time and avoided payment as long as he could:—That to every body but an inhabitant of the island of Nantucket, he paid in four pence half penny pieces—that he fumbled each of these over between his thumb and finger several times, to discover whether it was a four pence half penny piece or a five cent piece, and when this discovery was made, with a pen and ink and large piece of paper he set down several figures and made a long sum in arith-
metick, to find out whether sixteen four pence half pennies made a dollar, and this being at last ascertained, One Dollar was thus paid.—In this way half the amount of a bill might be paid in the course of half a day. But the difficulty ended not here—he would not let you carry half the money away unless you left the whole bill, although you offered to endorse it or give a receipt for it—and you must go away at dinnertime and go through the same trouble in the afternoon to get your bill paid. One of the witnesses stated that he was on the island 17 days and had several bills to be paid; that he attended the bank assiduously every day, and in the 17 days with the greatest industry and exertions, he was able to get the sum of four hundred and seventy-two dollars paid, and no more, which was counted in less than an half hour at one of the Boston banks.
The plaintiffs insisted that the shameful conduct of the bank in this case amounted to a refusal, and believed they had proved every thing necessary to obtain a verdict.
The defence was of a singular nature, and, as we could gather it from the desultory and immethodical argument of the counsel for the bank, who was for several hours addressing the jury, consisted principally in the following points:—He first relied upon the misnomer to the jury, notwithstanding this objection had been overruled by the court. Then he found, or thought he found, some other defect of form in the writ. Then he argued Gilbert and Dean could not be the bearers of the bill, because their agent presented it. Then he said there was no evidence of a demand upon the president or cashier, the person in the bank at the time of the demand being neither—and no evidence of a refusal—and having made all other objections that had the appearance of being legal. He next addressed himself to the feelings and passions of the jury. He said that the bank was run upon, that the jury ought not to assist in making the wheels of speculation revolve; that the plaintiffs did not want gold or silver money, they had no custom-house bonds to pay, and that the jury ought not to oblige the bank to pay its bills, because speculators wanted to make two or three per cent by getting specie for the bank note. That in these hard embargo times, no country bank could pay all its bills, and should not be compelled to pay them—that the bank must call in that case upon individuals, and the injury would spread—and many arguments of a like kind were used, founded upon the supposed inability of the bank, and the compassion of the jury.
The counsel for the plaintiffs, made a satisfactory reply to each part of the defence, and commented with some severity upon that publick institution, which, incorporated by one name, should attempt to mislead and defraud the publick by using another, and ridiculed with much success the weakness of that argument, which contended that a bank ought not to be called upon to give specie for its notes, because it had foolishly or fraudulently issued more bills than it could pay. The stigma of speculation has often been attached to pursuits which compel an unwilling debtor to pay his honest debts; but he saw no dishonorable employment nor unfair gain in asking a person to pay his note of hand, given for a valuable consideration, nor in sending back to their sources the floods of that paper currency, with which the metropolis has been so often inundated by the country banks. It was perhaps of the greatest publick utility.
Donnison, Justice, and Wetmore, Chief Justice, then charged the jury, who, after retiring for a short time, returned a verdict for the plaintiffs.
The bank, still unwilling to pay its own bill, moved an arrest of judgment upon a supposed defect and omission in the declaration; which motion was argued near a whole day; but the court eventually decided that the defect was formal only and not substantial, and could not be taken advantage of after verdict, and would not arrest the judgment.
Still determined not to pay its note, the bank claimed an appeal to the supreme court, where many months will elapse before a decision can be had. It may not be improper to add, that there were between ninety and one hundred actions entered in the same court against the same bank, the merits of which are similar to the one above reported; and which will not sooner be determined. Judicious people will make their own comments; and it may perhaps be a question hereafter agitated, whether it be not the duty of legislators to disfranchise a corporation which should be guilty of gross misconduct.
Two observations more perhaps should be made. The first is, that Nantucket Pacific Bank have always paid their bills punctually; secondly, that "The President and Directors of the Nantucket Bank" and their officers, since the above reported trial was had, can tell without the use of pen, ink and paper how many four pence half pennies make a dollar,
and have promptly paid all bills presented to them.
Let us say with an old author, "He is foolish indeed, whom experience maketh not wise."
FROM THE SAME.
The Embargo defended by the arguments furnished by Jonathan Swift, dean of St. Patrick's.
Some people have foolishly imagined, that this question of the embargo was a new one, which had never before been discussed by great and learned men—I beg leave to assure them, that this is a great mistake, and that all the arguments on this important subject, were fully displayed in that luminous period of English literature, the reign of Queen Anne—and I am now ready to defend the policy of the embargo by arguments furnished by the celebrated author of the Draper's letters .
1st. That the embargo is wise, the Dean remarks, is proved by this single argument, that merchants are a set of rash, unconsiderate, ill informed, illiterate men, unacquainted with their true interest, unable to calculate the dangers and risks of their profession, and that therefore philosophical Lawyers in administration are bound to exert their talents to save them from plunging into ruin. The merchants, as a body of men, are non compos mentis, squanderers of their estates, and the common law wisely provides that the courts of law shall appoint guardians for them. Mr. Jefferson, is the grand court of probate, appointed to watch over those thoughtless men, and he has most wisely extended his censorial care of them upon the present occasion.
2dly. That the embargo was a wise and necessary measure, is evident, because it is now avowed to have been founded solely on the British and French orders, and the merchants were so extremely stupid that they could not understand the nature, extent and force of those orders, which were only known to our philosophic administration. Of course these merchants would have been unable to calculate the risks attendant on their trade, and the government has wisely undertaken to save them that trouble.
3dly. Our merchants and farmers were acquiring wealth too rapidly. Wealth is the bane of a republican government. The only republics which have preserved their liberties for any length of time have been poor—such as Sparta, Switzerland and St. Marino. Mr. Jefferson is a true republican—He foresaw the ill effects of this influx of wealth on our republican manners, and has wisely laid on the embargo, which, it is agreed, will make us all as poor as we shall be independent. That we shall be independent cannot be denied, for who so thoughtless and easy as he who has nothing to lose, and nothing to gain? Q. E. D.
4thly. The embargo is wise as a weapon of hostility and coercion. It is agreed, that it will affect in some degree, the West-India colonies of our two enemies. Now as these are nearly one fiftieth part of the population and force of those enemies, and as the embargo will impoverish, weaken, distress and bring to ruin nearly the whole population of the United States, it is logically proved, that we must have the advantage in the contest. Our enemies must succumb under a measure by which they lose nearly one fiftieth part as much as we do.
5thly. The embargo is a most salutary measure in relation to our seamen. It secures them effectually from capture. This it does in two equally efficient methods—either by starving them, in which case, after a decent interval at the expense of the parish, they are in no danger of capture—or else by driving them over into the service of the nations who would be their captors: where being perfectly defended by the ultima ratio regum , (an argument truly anti-republican) they are relieved from the danger of capture—a thing which proves Mr. Jefferson's wisdom and humanity.
6thly. The embargo is a wise measure, inasmuch as from its pressure and distressing operation it offers the strongest of all inducements to evasion and opposition to law. Now as the essence of freedom, as evinced by the conduct of Mr. Gallatin and the writings of Mr. Jefferson, consists in hostility to the existing government, (be it what it may) it is clear that the tendency of the embargo is to advance the interests of republicanism, that is (as these men understand it) of insurrection and rebellion. In elucidation of this, I would observe, that the tax laws on whiskey produced the Western Rebellion, and the Western Rebellion brought Mr. Gallatin into office, and in the same opinion Mr. Jefferson remarked to Callender, "Your book will do much, and the Collectors will do the rest." That he meant the book would do good is clear, because he gave much money towards it, and it is clear that he thought the Collectors by exciting opposition would finish the good work—which they did.
It is therefore clear from argument and pre-
cedent, that the embargo is a wise measure, inasmuch as it will and must stir up the very marrow of opposition—which Mr. Jefferson thinks a great republican good. "Our Samson is not shorn by the Delilah of administration."
7thly. The embargo is a wise measure, inasmuch as it gives experience to our militia, and exercise to our standing army and navy. We boast much of our militia, when every man knows that a soldier who has never seen service is of very little value—many a man naturally brave shrinks at the first shedding of human blood—what then so well adapted to inure them to scenes of carnage and horror, to the butchery of enemies, as the civic and mild massacre of your own unarmed citizens? The man who can in cold blood draw his trigger on a thoughtless fellow countrymen undefended, and unprotected, will feel no compunction in scalping alive one hundred of his country's foes. Our navy too, by being employed in hunting up these nocturnal violators of the laws, may learn to be at their quarters when attacked by a foreign enemy. After the present glorious campaign it is to be hoped our public journals will no longer record such trials as that of Barron .*
8thly. That the embargo is wise as a measure of precaution against capture is obvious, because of all the ships permitted to go abroad we have scarcely heard of one capture—because great voyages are daily made by those which are abroad, because enormous freights are now obtained by all American ships abroad, and therefore it is obvious, that it was for our interest to keep our shipping at home.
9thly. It is said that some of our great merchants, (and among them one or two equivocal federalists are mentioned) are of opinion that the embargo is not unwise; this is another argument in its favor especially when we add to this, a well known fact, that one of these merchants would now give one million of dollars for the exclusive privilege of sending his own ship to sea while his neighbors are kept at home: this proves the dangers of the ocean, and the wisdom of the embargo.
Eight months have now elapsed, and some of these great merchants prophesied that the embargo would produce its full effects on our enemies in four, and we see what an astonishing impression it has made: the British Lion and the Gallick Cock are both suppliants at our feet. It is then unnecessary to urge any further arguments—the thing is proved. The Embargo is the most stupendous effort of human wisdom.
AN ADMIRER OF SWIFT.
* We are sorry to see so much wit disgraced by an observation, which we consider as illiberal.
Ed. Ledger.
Norfolk and Portsmouth Races
Commences on Tuesday the first of November, over Christian's Race Course .
First Day, a Sweepstake for Horses belonging to Norfolk County only, except otherwise agreed on by those gentlemen who have already entered horses—Entrance 10 dollars—the proprietor to put up 40 dollars—each horse to carry 100 pounds.
Second Day, 4 mile heats, Purse 400 dollars—entrance 30 dollars—New-Market rules to govern—free for any horse except the celebrated horse Potwomack , belonging to Mr. Burwell Wilkes.
Third Day, the Ladies' Purse of 100 dollars—mile heats—carrying a feather—the winner to win three heats—entrance 10 dollars—distance 90 yards.
Fourth Day, two mile heats—Purse 200 dollars—entrance 20 dollars.
Fifth Day, a give and take Sweepstake, mile heats—entrance 50 dollars.
EDWARD NEWMAN, Proprietor.
September 19.
J. & W. SOUTHGATE,
OFFER FOR SALE,
For Cash or short credit, at their Store, No. 1, corner of Commerce and Main-Streets,
A General Assortment of GOODS, suitable to the present and approaching season;
AMONG WHICH ARE,
Superfine Cloths and Cassimeres, 6-4 and 7-4 coarse Cloths, Flannels, Baizes, Coatings, Thicketts, Corduroys, Blankets, Plains, Halfhicks, Scarlet Cardinals, &c. &c. Kendal Cottons in assorted bales, Coarse Hats in assorted boxes, Nails and Spikes of all sizes, F and FF glazed Powder and Shot—ALSO, 200 good Bacon Hams, 30 kegs Lard, 60 barrels Smithfield Apple Brandy, 100 sacks Liverpool fine Salt, 60 barrels very white Altum Salt, 80 barrels good Coffee, Likewise,
2 grand and 6 small fine toned PIANO FORTES, And a handsome English made GIG and HARNESS, almost new September 21. 3m
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 hogheads old Antigua Rum, do Jamaica do. 40 hogheads Sugar, 80 barrels do.
A few casks excellent Port Wine, Coffee in hogheads, Madeira Wine, 45 crates Earthenware, Tobacco from several inspections.
GEO. MURRAY, & Co.
September 9.

THE PUBLICK LEDGER.
TO SHEW THE VERY AGE AND BODY OF THE TIMES, HIS FORM AND PRESSURE.
MONDAY EVENING, SEPT. 26, 1808.
The events given in summary in the Ledger of Wednesday last, will be found detailed in this day's paper, the publication of which we have anticipated a few hours, in order that we might as early as possible, lay before our patrons, particulars of such important information.
In addition to what was before stated, we observe the landing of the British force under General Wellesley near Lisbon, and the sailing of General Spencer with the force under his command for Lisbon. These two armies will form a body of 15,000 men. What resistance Junot will be able to make, we undertake not to say, as we are not acquainted with the strength of Fort St. Julien, (into which it is said he has retired) on the land side.
The British expedition under General Moore said to consist of 30,000 men, left England probably between the first and tenth of August, and will it is said proceed first to Gibraltar, and from thence probably to a port in Catalonia, to oppose the French on that frontier province of Spain.
The defeat of Dupont has left the road open for the march of the victorious Spaniards to Madrid. Every one, who recollects the effect produced, not only in this country, but in Europe, by the surrender of General Burgoyne, may form a judgment, of what effect the surrender of Dupont will produce. In Spain the effect will be, confidence in their own strength, in the rest of Europe, the cause of the Spaniards will be respected, and acquire friends. It would seem that Dupont's army was to be embarked for France, under an engagement on oath, not to serve (we presume) during the war.—The Monitor may be silent under this defeat, but 16,000 men will not keep the secret. The deluded people of France must and will know, what they would not learn through the French Journals. The next arrivals from Spain or Portugal, will in all probability bring us further important information.
The reported defeat of the Toulon fleet, we did not place much confidence in from the first, and less now. The British fleet was first said to be commanded by admiral Strachan; the report now says it was commanded by admiral Thornborough.—Those admirals were both in the Mediterranean. The force of the former was eight sail of the line, that of the latter five sail; if they had formed a junction (a circumstance highly probable, after the Spanish fleet in Majorca ceased to be an enemy) Admiral Thornborough, as senior admiral would command.
The latest intelligence respecting the Vermont election, is copied from the New-York Gazette of Tuesday last.
Without intending at this time to examine the cause, we cannot avoid noticing the fact. The leading administration papers all appear hostile to the cause of the Spanish Patriots. The Chief Magistrate in a few words, indicates his sentiments, as clearly as if he had written a volume. If Bonaparte had trampled the Royal Family of England, overturned her government, and destroyed the whole British nation, we should not have been surprised at the part our republicans would have taken.—But what have the Spaniards done to us? They did not resist our demands respecting the Floridas, and the Louisiana boundary, for Mr. Madison himself has acquitted the Spanish government of any blame on these points. Every one knows that there was in fact no Spain; France governed Spain as much as she does Holland. There is something more in this than meets the public eye.
THE WASHINGTON FEDERALIST.—We are happy to notice that with the late change in that establishment, which has been transferred to Mr. FINDLEY, some improvements will be made, which it is expected will render this paper (at all times a print of merit and interest) eminently useful and particularly so at this very important crisis of American affairs.
MR. FINDLEY has already associated in the establishment, MR. BEACH, a gentleman of respectable talents, and sound political principles, and it is proposed to employ a faithful stenographer for reporting the debates of congress. At no period of the history of our country, has it been more necessary to diffuse political information. It is important that the ruinous measures which have brought our country to the brink of ruin, should be examined, and that such examination should be faithfully reported to the people. We anticipate that the WASHINGTON FEDERALIST, will be found an useful channel of political information. To meet the heavy additional expenses, which a faithful execution of the proposed plan, will unavoidably produce, an extensive patronage will be requisite. With a view to aid the Editor's plan, the EDITOR of this paper will receive orders for the Washington Federalist, in this place and in its vicinity, which will be immediately forwarded to the Editors.
The PRICE of the Washington Federalist is Five Dollars per annum, payable in advance. Ledger Office, Sep- 26, 1808.
We recommend to the attention of our readers the following able and interesting discussion from the New-York Evening Post. Though written for the citizens of New-York, it is equally applicable to those of Philadelphia. (U. S. Gaz.)
From the New-York Evening Post. TO THE CITIZENS OF NEW-YORK. It has been frequently a subject of conversation in this town, though not much discussed in the papers, "Whether the citizens of New-York ought to petition the president, or take any other measures in reference to the embargo?"—I propose, in the fewest words possible, and with respectful deference, to offer you some remarks on this subject.
The petitions sent from the Eastern states were perhaps as much a matter of necessity as of choice. In many parts of those states they have absolutely no resources but such as depend directly or indirectly upon navigation and trade. They exchange products which they cannot consume for those which are raised on the kinder soil of their sister states or of foreign countries. Most of their wealth is vested in navigation and its dependant branches. And though it is true that the soil of those countries might of itself support as great, perhaps a greater population than they now have, yet their whole system of life is built on a different basis—and to derange this must create general confusion and distress.
Similar observations will be found applicable in a certain degree to the most southern states. For though not concerned in navigation, their products are raised almost exclusively for the purpose of commerce, and a total prohibition of trade must introduce great pecuniary distress and convulsions in the state of property.
It is therefore in the states beyond Connecticut, on one side, and south of Virginia on the other, that the distresses of the embargo are most severely felt.—Accordingly Georgia has prohibited the collection of debts, and the eastern states have petitioned the president.
But we are not to flatter ourselves that those who occupy a better soil and more genial climate can very long escape the distresses which their neighbours feel. We can doubtless find the means of subsistence—so did our predecessors the Manhattan tribe of Indians. But that economy upon which so much prosperity—such happiness and so many signal advantages depend, is built peculiarly upon the co-operation of the agricultural and trading interests.—To enter into the proof of this proposition would require volumes—We may understand it better by an example in our own city.
Let commerce be abolished, and what is the value of this city with the many millions that are invested in houses, streets, wharves, stores, and shipping? Ask the merchant the value of a ship that can never sail. Ask the mechanick whether he will stay in a city where there is no employment—What will be the value of stocks and funds in a country without revenue—or the wealth of a landlord whose houses stand empty? The whole income of this city would shortly sink to half its present amount, and in time, to nothing.
Argument is not necessary to convince an intelligent community, that a portion of those evils will follow even a partial operation of the causes whence they flow. In proportion as the operations of commerce are interrupted, uncertain and dangerous, in that or a greater proportion the country suffers the disadvantages, which the merchant either feels or experiences.
I think it must therefore be admitted that every class in this community, have a deep interest in the raising of the embargo. But since the president has declared, that the measure is to continue an indefinite period of time, and has given an answer to similar petitions, it seems at least useless if not inconsistent with proper self respect, to adopt the measure of petitioning.
In the minds of many, there are other objections to any petitions on this subject which would probably have prevailed with our eastern friends, in any circumstances less urgent and pressing than those in which they found themselves.
1st. Time is continually adding fresh confirmations to suspicions of those who never believed the embargo was an American measure. I need not enumerate the grounds of those suspicions. We admit that congress or the executive, may for the best of reasons take measures, the grounds of which cannot at the moment be published. But when those measures carry the external appearance of giving up our independence, and when they exhibit us publicly to the other nations of the earth, in the attitude of a degraded and dishonoured people, surely the government which does not hasten as much as possible to remove the imputation, admits its justice.—Those who believe that our counsels have been swayed either by the fear of a foreign power, by immoderate attachment to one, or antipathy to another of the contending nations, will never approach the executive, nor the present congress, in the style of petition.
2d. It has been distinctly enough stated by those organs which often express the opinions of the government, that if the embargo is not continued, the alternative is war with G. Britain. I enter not here into any question between France and her. I presume not to say from whom we have received most injuries. As Americans we are no further concerned in their quarrel than as the mere question of the balance of power may effect our peace. But I think it may safely be affirmed, that from all we know of our affairs with G. Britain, a war with that country is not at present necessary to our interests, nor to the preservation of our national honour.
I assume it also as a fact which there is good reason to believe, that the French emperor (whether he said so or not) is now acting upon the principle, that he "will have no neutrals."
Under these circumstances it is highly natural to suppose, that such an administration as the present will endeavor, if they must have war, to wage it in favor of the power for which they have the strongest predilections: that is, to wage it against Great-Britain with whom I have above supposed that neither our interest nor honor require us to be at hostility. Should this be the disposition of our government, it is probable that our petitions will be urged as a pretext for such a war; and this, with the more plausibility, after we have been informed that raising the embargo must produce that result.
That this administration are quite capable of resting our petitions to purposes very opposite to the intent of them, is a fact we have experienced. We sent them a manly and patriotic memorial upon the great question of our National Rights, and
they gave us in return the vexatious and contemptible measure of a Non importation act.—We asked for an efficacious system of defence, and they have insulted us with gun-boats, with blocks in the channel, and with open batteries, building on the wharves.
3d—There is now I understand a great probability that a majority of the next congress will be opposed to the present system of the administration. As to the presidential election, the calculations are in every one's mouth. The general result is that the embargo will destroy its authors and not improbably very soon. Perceiving this, the administration may wish to raise the embargo, save their reputation, and then use the petitions as a pretext for adopting other measures of which at the same time they will disclaim the responsibility.
4th—There are many honest people in this nation who once were, and some who are yet, believers in the political quackeries & ledgerdomain with which we have been treated for the last seven years. They were enchanted with the prating about "just nations," and economy—I venture to say that till the nation shall be cured of all hankering for these quackeries it will never be prepared for supporting a firm, manly and patriotic administration composed of men of sense and of business. For this reason, I am of opinion that Federalists should have no share in taking off the embargo except at the elections. When the administration are satisfied of its futility, let them remove it: or when the people are recovered from delusion, let them.
Among these reasons my judgment is most strongly affected by the two last. The more so because it seems not improbable that we shall have in actual experience, a terrible proof of the dangers on which they are predicated.—It is understood that if the adherents of the present Administration find the majority going against them, at the Elections, they will attempt early next session to declare War against England.* They will then treat the war as a measure for which they are not responsible, and as produced against their wishes, by the discontents of the people under the embargo. While some believe this story, others will remain persuaded that the embargo if persevered in, would have been a remedy for all our political evils. Thus the rage for experiments will remain uncured.—The leaven of discontent continue, and evils of the most serious consequences ensue.
From every view, therefore, which I can take of this object, I conceive my fellow citizens will not think it proper to present any petition upon the subject of the embargo.
But it by no means follows that we are to do nothing—For,
1st. The community at large have a right to the opinions of the merchants of the great, opulent, and influential cities, on any question relating to the great commercial interests of the nation.
2d. Our fellow-citizens in every part of the Union, should understand that we sympathize in their sufferings—that we reprobate the causes of them and will exert ourselves every lawful and constitutional way to remove them.
3d. So many cities and corporations have now expressed their opinions, that we are in the same measure called upon to repel an inference which our silence might possibly be supposed to afford, that we approve the embargo.
4th. A decided expression of our opinions cannot fail to have its effect upon the ruling party, and aid in preventing the extremes to which they are probably disposed to rush. It will encourage the exertions of our fellow-citizens in every part of the union—it will destroy the confidence which the advocates of the embargo derive from our silence, and may be a mean of perpetuating the blessings of peace and liberty to our country.
My proposal, therefore, is, that the merchants, ship-owners, and Insurers, of this city, hold a publick meeting, and there, by resolutions, by addresses or otherwise, express to the American publick their opinions upon the present state of our publick affairs.
What opinions they ought to express, and how far they would embrace the motives, the authors, the policy, the constitutionality or only the grievances of the present system of measures, would in such case, remain solely for the consideration of that very respectable body of men.
I should deem it as indelicate as it is unnecessary to make any suggestions on that head.
A NEW-YORKER.
* In estimating the probability that a declaration of war or some desperate measure may be resorted to with the hope of retaining power in the hands of the ruling party, it must not be forgotten that the present executive may have a deep PERSONAL INTEREST in the question who shall be his successor, and that Mr. Madison should be the man. If there shall be reason to believe that the executive has received and concealed disgraceful propositions from France he will certainly be impeached the moment his friends lose a majority in the house—Mr. Madison if President may baffle the inquiry—in any other situation he may be compelled to testify as a witness, and he must know all the facts.
From the Monitor.
THE TWO MILLIONS OF DOLLARS.
Washington City, Sept. 13, 1808.
SIR, Will you be so good as to state to me for the better information of my fellow citizens, any fact within your knowledge, relative to the payment of two millions of dollars to France by the executive of the United States? You have doubtless heard of tales propagated on that head. It is my wish to put an end completely to the story by contradicting it under the authority of a name so well known and highly appreciated in the nation as yours. I apply to the comptrolling officer of the treasury, inasmuch as I presume no money could have been paid by the American government, or any member of it, in any shape, without your knowledge.
I am, sir, With the most sincere respect and esteem, Your very humble servant, JOHN B. COLVIN, Editor of the Monitor.
The Hon. G. DUVALL, Esq. Comptroller of the Treasury.
Washington, Sept. 14, 1808.
SIR, Your letter of yesterday's date was delivered to me last evening.
In the absence of the secretary of treasury, I will answer your enquiry relative to the two millions of dollars appropriated by an act of congress, passed on the 13th Feb. 1808. This sum of money was intended to be applied to the purchase of the Floridas, but our ministers in Spain not having accomplished a treaty to that effect, it still remains in the treasury. No part of it has been drawn out of the treasury of the United States. It could not have been done without my privy, as the warrant must have been issued and signed by the secretary of the treasury and countersigned by me as comptroller, to authorise the payment of it; which has not been done.
You will see, I expect, in a few days, an official certificate from the register of the treasury to the foregoing effect published in the newspapers. It has been forwarded to the secretary of the treasury, at his request, by the register.
I am, respectfully, Your obedient servant, G. DUVALL.
Mr. Colvin.
NEW-YORK, September 19.
Of the Spanish news brought by the Shepherdess, we have confined ourselves for the present to the detail of Gobert and Dupont's defeat, and to the rumours contained in several private letters from Cadiz. A very interesting account of the circumstances which preceded this event is now in the hands of the translator, and will be given to-morrow.
The French army before Saragossa had made a third attack upon that place, but without success. They were repulsed with great slaughter.
Intelligence of the peace between England and Spain was received at Cadiz on the 22d July, and occasioned much rejoicing.
We feel an indiscribable pleasure in reiterating the assurances we gave on Saturday, that the Spanish patriots are successful in every direction; and that the designs of the great bandit against the moral and political liberties of mankind have been arrested in their progress, even in the land of religious intolerance and political degradation.
Mer. Adv.
Translations from Spanish papers received by the Shepherdess, from Cadiz. PUBLICK NOTICE.
The field marshal Don Theodoro Reading has sent the following dispatch dated on the 22d instant, to his excellency Senior Don Francisco Xavier Castanos general in chief of the army of operations of Andalusia.
Most excellent sir, since the dispatch which I transmitted to your excellency on the 17th instant, informing you of the attack made by the division under my command upon that of gen. Gobert, who was killed in the action, and whose division was dislodged from all the positions which it had taken contiguous to Baylen, and completely beaten, and of the reasons which induced me to return to Menjibar; I re-passed in the afternoon of the 17th the river Guadalquivir, and took a position that night—on the 18th at day break, I was joined by the second division under the command of field marshal the marquis de Campigny, and we both marched towards this town for the purpose of attacking the enemy if he occupied it.
As soon as I arrived, in obedience to your excellency's orders, I disposed the columns of attack facing towards Andujar. At 3 in the morning of the 19th, when the troops were forming to begin their march, gen. Dupont with his army attacked our camp and commenced a fire of his artillery with a design, doubtless, to surprise us, but with the quickness of lightning, all the troops of the two divisions led by their worthy officers flew to the points attacked, assisted by the artillery of both. At sun rise our troops were in possession of the heights which were formerly occupied, and the enemy began their attacks upon various points of the line, having the advantage of forming their columns under cover from our fire in consequence of their occupying a better position protected by their artillery.
At every point they were repulsed, and in their turn assailed notwithstanding the violence of their attacks, which they repeated without more interruption than was necessary to fall back and form new columns until half past twelve, but were fatigued without being able to gain ground, although they had several times broken our lines of defence with the intrepidity of troops accustomed to conquer, and penetrated to our batteries, which were served that day in a manner which astonished and terrified the enemy, and which has few examples, for they not only immediately dismounted all the artillery of the enemy, but routed whatever columns presented themselves, always protecting the points attacked, and varying their positions as circumstances required.
General Dupont then placed himself with the other generals at the head of the columns supported by the artillery, and made a last attack with admirable boldness; but with no better success, and we are told by the enemy that fourteen of their guns were dismounted, that their loss amounted to 2000 men killed and many wounded, among the latter Dupont and two other generals.
In this situation gen. Dupont requested to capitulate, and hostilities were suspended in both armies, it being agreed that they should remain in their respective positions, and the consequence of the valor and constancy of the brave troops composing these two divisions has been the total defeat and capture of the army of Dupont, and that of Bedel has shared the same fate, with the difference only of receiving their arms at the time of embarkation, notwithstanding the position which the latter took contrary to the laws of war after the suspension of arms granted to it and to its general in chief.
[The remainder of this dispatch contains only an enumeration of the Spanish officers who distinguished themselves, and an eulogium on their conduct—It thus concludes.]
I glory in having commanded such worthy troops who have sustained the honor and reputation of the Spanish nation, and shewn how capable they are of supporting the noble cause which has obliged them to take up arms in defence of their Religion, their Sovereign and their Country; and who in two actions only have destroyed the enemy and accomplished the design of the wise government which employed them and reposed in them its confidence.
REDING.
Baylen, July 22, 1808.
Most Serene Sir, I have the satisfaction of acquainting your high-

ness with the complete victory obtained since the battle of Baylen. Gen. Dupont and the whole of his division, with their arms, artillery, baggage, &c. are prisoners of war. The others who were not in the action although they are not in the same situation, are included in the capitulation, and obliged to return to France by sea, so that not one Frenchman remains in Andalusia. The particulars will be communicated to you, by my nephew Col. Don Pedro Agustín Giron, Adjutant General of Infantry, and until you receive circumstantial details, your highness may be assured, that the bravery of the troops and officers, their constancy, sufferings and privations correspond with the sentiments which your highness entertains of them and which the army merits, and with the opinion which I have of their great patriotism and zeal for the public cause.
I make bold to request your highness to fulfil for me the vow which I had to dedicate this action to the glorious St. Ferdinand.
God preserve your highness many years.
Head Quarters,
at Andujar 21st July, 1808.
XAVIER DE CASTANOS.
His Serene Highness the President of the Supreme Council.
Yesterday the 20th, Spain, or rather the army of your highness obtained the most complete victory which the nation has seen for many ages. The result is an imitation of the battle of Pavia: in one moment the Andalusians are freed from the French arms. The division of Dupont with every thing belonging to it, and all its generals are captured, and the other divisions which occupied his Majesty's dominions from the summit of the Sierra to Baylen, evacuate the Peninsula by sea. This is the substance of the treaty which his excellency General Castanos and I had the pleasure to sign last night—and as we left the camp at midnight exhausted by fatigue and watchfulness, it is not possible at present to transmit to your highness the details of the capitulations and battles, but I shall do it as soon as time permits.
This pleasing intelligence will be communicated by Don Pedro Agustín Giron, Lieut. Col. of the columns of Provincial Grenadiers with the rank of Colonel and Adjutant General, an officer of the highest merit, who by the talents and bravery which he has displayed in many actions and particularly in this army has rendered himself worthy of whatever favors your highness may be pleased to bestow upon him.
I have ordered allegiance to be sworn this day to our new King Don Ferdinand VII. which had not been performed in this city, the Te Deum to be sung, and illuminations for three nights.
God preserve your highness many years.—Head Quarters at Andujar, July 21, 1808.
EL CONDE DE TILLY.
His Serene Highness, the President and the Members of the Supreme Council of Spain and the Indies.
Extract of a letter from a gentleman in Cadiz to his friend in this city, dated July 30.
"The victory over gen. Dupont's army was obtained by a force of 60,000 peasantry; and it inspired the Spaniards with such enthusiasm, that they now denominate themselves—"The Conquerors of the Conquerors of Austerlitz and Jena."
"The British forces under Sir Arthur Wellesley, consisting of ten thousand men landed at Lisbon, and the attack and defeat of gen. Junot is daily expected. He has only about ten thousand men in Lisbon & its vicinity. A few days since all the British troops that were here, 5000 under gen. Spencer, set sail to join Sir Arthur, and by this time must have arrived.
"It was yesterday reported that eleven sail of French ships of the line, from Toulon for Spain, with troops, had been attacked by ad. Thornborough's squadron in the Mediterranean, and that two had struck, two had been sunk, and the English had been pursuing the remainder. This is generally believed.
"No business of any kind is doing here. Prices of course are nominal. The wheat harvest is abundant, and flour is selling at 7 dollars per barrel. Nothing from America will do here excepting tobacco, and that it is expected will soon come from the Havanna. Exchange on London about 15 per cent. discount."
Extract of a letter from Cadiz, dated July 24.
The ship Shepherdess brings information that the Spanish court of admiralty at Algeciras, condemned the end of May, eleven American vessels, detained and sent into that place—that appeals from those decisions were entered, and that on the 3d of June an order was received from the duke of Berg, for the restoration of the vessels detained under the decrees of the 17th December, and 3d and 8th of January, which was acted on, on account of the change of the government; but the supreme junta at Seville issued an order on the 16th for the liberation of all Americans brought into their port; on which the court at Algeciras refused to act, until they received further explanation from the supreme junta at Seville, which had been received on the 28th July. Therefore Mr. Hackley, the American consul at St. Lucar, intended leaving that place for Seville the following day, for the purpose of procuring such explanations as would be likely to remove all objection to the restoration of the American property in Spain under detention.
Extract of a letter from Cadiz, dated July 28.
"The paper enclosed contains the details of the capture by the troops of this single province, of an entire French army which consisted when it left Madrid of 22,000 men. The capitulation was signed on the 21st inst. The prisoners actually surrendered are said to exceed 16,000, and at this time there remains not a single Frenchman in arms in Andalusia. In most of the other provinces the whole mass of the people have displayed a determined spirit of resistance to the French and several very bloody battles have been fought, which have uniformly terminated favourably for the Spaniards, particularly at Valencia and Saragossa, where two very considerable bodies of French have been totally cut to pieces: in short the Spaniards appear so unanimous and zealous in their determination to drive the French out of the country that I am not without great hopes of their complete success. As yet no general government has been formed, but the Juntas or councils established in each province, for its temporary government, have taken the most de-
cided measure to oppose the enemy with success by obliging all the inhabitants between the ages of 16 and 45 to serve in the army, without distinction of rank. Envoys have been sent to England to demand supplies of arms and ammunition—these have been received in the most flattering manner by the government of Great Britain, to whom this revolution is all important, and the subject of much exultation. But while I rejoice that Buonaparte is likely to be stopped in his career to universal despotism, I very much fear it will increase the difficulty of bringing our disputes with G. Britain to a favourable conclusion."
September 20.
Vermont Election. —The Boston Palladium of Friday last, says—"The contest has been so close that we can give no decisive opinion, until a general return is made. We expect returns from the whole state, before our next; and are not without hopes of a very favorable issue. That we have gained in Congress is certain; how many members we know not."
The Brattleborough Reporter of the 17th instant, states, that 144 towns have given Mr. Tichenor 11,188, and Mr. Smith 10,868 votes—Federal majority 770. The same paper states, that if the information be correct, Governor Tichenor will be elected—there will be nine or ten Federal majority in the Legislature—the Council will be Federal—and certainly two, though they believe three, out of the four, Federal members to Congress.
TRANSLATED.
Extraordinary Gazette of Valencia, 8th of July.
SARAGOSSA, July 4.
[The following is a letter from his Excellency Don Joseph Palafox, Captain-General of the kingdom of Arragon, to his political brother Count de Montejo:]
"I have obtained a complete victory at the gates of this city. The French are destroyed or put to flight. Those who have escaped have taken refuge in the olive plantations. The enemy attacked me at five different points at one and the same time; but at all of them they have been completely routed. Yesterday the enemy attacked me a second time with an earnest desire to enter the city, but they were repulsed. They offered to parley, but they received my answer in a heavy cannonade. They attempted to move, but I poured upon them a tremendous fire. In the battery I had a twenty-four pounder which did great execution, and the mortars were served to admiration. In short, the enemy have lost a great number of men in killed and wounded. I receive new vigor from the enthusiasm with which my people are animated."
FROM THE TRINIDAD COURANT, OF AUG. 13. Extract of a letter from Juan Manuel de Cagigal, to his Excellency the Governor, dated Cumana, the 3d inst.
SIR, I deferred answering the honor of your excellency's letter, until I had received advices from the capt. gen. of Caracas, that I might, without reserve, more fully express our acknowledgments for the generous expedition with which your excellency forwarded to this continent, the intelligence of the abominable excesses committed by Napoleon against our sovereign and our national dignity.
When your excellency was pleased to announce to me this information, as coming directly from Gibraltar, it was credited as a fact not to be doubted, and produced the immediate effect of exalting the enthusiasm of these inhabitants to a pitch which approaches the incredible, and assures government, that they may rely on having as many combatants to maintain the rights of their beloved sovereign Ferdinand the VII. as there exists people in the country, without even excepting the clergy, the friars, or the women.
The arrival in this port on the 28th of last month, of a British corvette from the squadron under the command of adm. Lord Collingwood, in which came passengers, a captain of the ship of the line, and two captains of frigates of our navy, was the moment of witnessing the fidelity of his majesty's subjects in its purity, at the joyful sight of his Britannick majesty's colours displayed at the main-top gallant mast head, bearing the lemma alliance, embroidered in large characters in the field. Exultations of grateful applause spontaneously burst forth from our people, who respect generosity in as great a degree as they abhor perfidy. The acclamations of long live George and Ferdinand, rent the air and repelled even the thunder of the artillery of all the batteries, which (at the petition of the immense multitudes assembled on the plain below) proclaimed and celebrated the intelligence of the wonderful achievements performed by their fellow-subjects, and their offer to sacrifice their own lives in defence of their country and attainment of national vengeance.
At length, sir, the officers of both nations having landed, they were surrounded by thousands of spectators eager to learn of the existence of Ferdinand the VII. and his fate; which being divulged, nothing but murmurs of horror and execration were heard, unequivocal proofs of the sentiments of loyalty to their king, which marks the character of this faithful people. Their gratitude to the British nation and government was not less decided, on learning from the captain of the line, don Joseph Melendez, the seasonable assistance they had received in Cadiz; in effect, sir, arms, specie, military stores, troops, and whatever was in the power or authority of the honourable Adm. Lord Collingwood to furnish, was supplied to the Spaniards, and a peace between the two nations was hourly expected, for which purpose lieut. gen. don Juan de Apo-daca had gone to England in a ship of the line from Lord Collingwood's squadron, which it was not doubted would be easily effected, in form, since our sentiments coincide, are inseparably allied in the cause which excites us to so just a defence.
My faculties, sir, are immediately dependant on the chief authority of Caracas, and I entreat your excellency to believe, that in unison with that government and with its approbation, I shall be happy to have it my power to prove to you, by suitable returns, the high sense we entertain for the generous actions with which the British chiefs have illustrated the noble virtues that constitute their national character.
I have the honour to subscribe myself, of your excellency, full of the most sincere expressions of gratitude and respect.
Your Excellency,
JUAN MANUEL DE CAGIGAL.
His Excellency the Gov. of Trinidad.
PHILADELPHIA, September 19. The intelligence which we this day publish is glorious to the arms of Spain, and grateful to every patriot throughout the world—In the bloody battle which proceeded the surrender of the French army, a full refutation is given, of the infamous slander, which, to the dishonour of our country, has been uttered here, by the advocates of French despotism, that "the Spaniards would not bear the smell of gunpowder,"—and we are much mistaken, if this unworthy sentiment is not brought much more feelingly home to its author.
Let those Americans, who remember the events of our own struggle, recollect the influence of the battle of Trenton, and the capture of a single brigade of Hessians, on the publick mind, and they will form a more correct idea of the effect produced by the defeat and surrender of the French army, on the cause of the Spanish patriots, than is to be derived from Frenchified opinions, and slanders against the gallant people, conveyed through the channels of newspapers, edited by men, who were unknown to our revolution and utter strangers to its sufferings or triumphs.
In the surrender, at discretion , of sixteen thousand seven hundred and fifty of the best troops of France, who are to remain prisoners of war—with the additional convention, that every French soldier, from the Sierra Morena to the sea, shall immediately embark for France, a blow has been given to the military power of Napoleon, far surpassing in present effect, and eventual consequence all the reverses he has heretofore suffered.
After the translations by the mail from New-York were in type, we received the Extra Chronicle of Gibraltar, of the 25th July—as the differences in translation were unessential, we have given the official dispatches from the New-York Evening Post. In addition to them, our readers will find other interesting matter under the head of our private correspondence.
Pol. Register.
Private Correspondence of the Register.
Extract of a letter from a respectable American gentleman at Cadiz to his friend in this city, dated July 28, 1808—"I have now to inform you, that the whole French army in Andalusia, have surrendered to the Spanish army—This army was commanded by general Dupont, and a number of Buonaparte's best generals, and consisted of 25,000 of his choicest troops, which were sent to take possession of this province.
"Two severe engagements took place in which a number on both sides were killed—the results were, however, in favour of the Spaniards, and the whole French army surrendered at discretion, amounting to 16,750 men.
"Thus you see what a people can do who are determined to support their rights.—Throughout all Spain the people are in arms, and every day brings us fresh intelligence of the routing of the French.
"Thus the volunteers and regular troops of the province of Andalusia, have done more than all Europe has been able to do these last 12 or 15 years. It is supposed that near one million of men will turn out: and with all this every thing is done so quietly and in such good order, that you would not even suppose we were at war, if it was not for the stagnation naturally produced in commerce.
"In consequence of the French dispatches being found on Mr. Young, the American vessels that had been detained at Algeciras (under the decree of Buonaparte) and which the Junta at Seville had ordered to be liberated, had been again detained."
From the Gibraltar Chronicle Extra—July 25.
Received at the Office of the Register.
It is with the most heartfelt satisfaction, that we announce the surrender of the French army under Dupont, to the army of Andalusia under general Castanos. The reader will find, in the following translation whatever official account has hitherto been received of this fortunate and glorious event, which, to speak the language of our government, is, in reality a fresh triumph obtained by Spain and Great-Britain over the common enemy; and it will prove no slight additional cause of gratification to the inhabitants of this garrison, that the two countries should chiefly be indebted for it to the military skill, and indefatigable exertions of an officer, whose known partiality to the British nation, grounded upon an accurate knowledge of the true interests of Spain, has, for such a long period, secured to them almost all the blessings of peace amidst the horrors of war, and thus entitled him to their highest regard and most affectionate gratitude.
[After detailing the defeat of Dupont and Goyert, the editor of the Gibraltar Chronicle states, that]
In honour of the glorious victory communicated above, three royal salutes were fired, in succession, yesterday morning at ten o'clock, from the saluting battery; and at eight in the evening, three more royal salutes, each succeeded by a feu de joie from the troops of the garrison, which were drawn up on the heights—at night a general illumination took place.
WASHINGTON CITY, Sept. 20. Capitol Hill, half past 2 o'clock, September 19th, 1808.
Mr. COLVIN,
Sir,
This day, about half past 11 o'clock, the vault of the new court room in the north wing of the capitol fell in. There were three or four men: under it when it first cracked, all of whom escaped excepting Mr. John Lenthall, the clerk or superintendant of the work, who is buried in the ruins and has not yet been found. The hopes of his being alive are very faint. As many men as can be employed are at work to remove the rubbish. The centers had been removed from under part of the vault ever since Friday. They had been cased above a month before, when it was found that this part of the arch was considerably warped and in a manner that could not be accounted for, but which did not appear dangerous. The centers under the remaining part were also cased so as to appear free, and in an attempt to remove them the whole work fell in.
I have only time to state these facts at present, and will make a further communication on the subject to-morrow.
B. H. LATROBE,
Surveyor of the Public Buildings.
After several hours industrious search the lifeless body of Mr. Lenthall was found, with the skull fractured and other parts considerably injured—un-
der the sanction of Mr. Buzzard, the coroner, his death was pronounced accidental , and the corpse conveyed to the dwelling of his afflicted family, there to receive the necessary preparations for the rites of burial. The regret of the whole city on the exit of Mr. L. constitutes for him an honorable eulogium, surpassing the panegyric of the pen.
The redoubled exertions of Mr. Latrobe, and the facilities which every class of our citizens are cordially disposed to render for the repair of the accident, are ample securities that the hall of the senate will be in a suitable situation for the reception of that body in November, notwithstanding the unexpected drawback upon the operations of the workmen.
Gazette Marine Memoranda.
ARRIVED.
Sch'r Sally, Hatch, 3 days from New-York.
Sch'r Margaret, Freeman, 4 days from do.
DEALEY'S Packet will sail for Baltimore TO-MORROW. Sept. 26.
THESPIAN SOCIETY.
On Wednesday Evening, 28th Sept.
WILL BE PERFORMED,
Coleman's admired Comedy of THE POOR GENTLEMAN.
To which will be added the Farce of
MRS. WIGGINS.
With some other entertainments, which will be expressed in the bills of the day.
Doors to be opened at half past 5 o'clock, and the performance to commence at half past 6 precisely. September 21.
TAKEN UP A-DRIFT,
On the 22d inst. in the bay below Woughby Point, a small MONKS BUILT BOAT , bottom u.—The owner may have the same by proving property and paying charges. Apply to JAMES GILBERT, schooner Rising States, Campbell's wharf. September 26.
FOR SALE.
3000 bushels Turk's-Island SALT , Now on board the Sloop Juliana, Capt. Stowe.
Also,
21,000 feet MAHOGANY , A few puncheons Old Antigua Rum, New do. Molasses, Sugars, Indian Meal in barrels.
September 21. John Granbery.
Turk's-Island SALT,
For Sale on board the Brig Experiment, at Gnatsport, by William Dickson. September 21.
A handsome GIG for Sale.
Apply to
September 12. J. & W. Cook, No 69, Church-street.
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 Hacksprings, single do and Cossacks, executed with the greatest despatch. August 1.
Boot and Shoe Manufactory.
SAMUEL COLEMAN,
Opposite the Market, (westward) has received by captain Hand, from Philadelphia, a quantity of the
Highest Priced Boot Legs, Vamps, Tops, and other Materials, for his Factory—He has also Seal 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. September 14.
NOTICE.
All persons indebted to the estate of WILLIAM DAVIS , deceased, are requested to come forward and make payment; those to whom said estate is indebted are desired to bring in their claims authenticated.
William Dickson, Executor
Portsmouth, July 22.
Leather, Cordage, and Loaf Sugar.
The subscriber will hereafter expose for Sale at his Warehouse on Campbell's wharf the above Articles, of the manufacture of Norfolk, at reduced prices for Cash, or on short credits only.
Theo. Armistead.
He will sell or lease for a term of years, the STORES at the end of Marsden's and Rothery's wharves. Feb 20.
Richard Jeffrey & Co.
No. 66, Main-street, corner of Bank-Street, have just received from London, per the ship Planter,
An assortment of MEDICINES,
of the first quality
Also, a few hundred weight refined Salt Petre, Hardham's Snuff, No 9, and 37, in 1-2 and 1-4 pound canisters,
Violet, Benzoin, Windsor and Shaving Soap, Evan's best Crown Lancents, Tooth Brushes of superior kind, Refused Liquorice, &c
They have on hand, and are in daily expectation of receiving from Amsterdam, all kinds of GLASS WARE , fuitable to Apothecaries.
MEDICINE CHESTS for ships and family use, with printed directions, put up as usual. October 5.
The Medical Lectures in the University of Pennsylvania, will commence on the first Monday in November.
* * * Printers of Newspapers throughout the United States, are requested to publish this notice. Sept. 23.

At a Court held for Northampton
County, the 11th day of July, 1808. Thomas D. Simkins and William Simkins, an infant by Thomas D. Simkins, his guardian, Complainants , Against Coventon Simkins, John Simkins, John Brickhouse, Junior, and George Lewis, Defendants . The complainants having filed their bill more than three months, and the court being satisfied that Coventon Simkins one of the defendants, is out of this commonwealth, it is ordered, that the said Coventon Simkins do enter his appearance to this suit on the first day of November Court next, and give security for performing the decree that may be made in this case, or the Court will on that day proceed in the suit in like manner as if an appearance had been entered; and it is further ordered, that a copy of this order be posted at the front door of the Court-House of this County, and published in the Publick Ledger for two months successively. Teste, Thomas I. Savage, Clerk.
NORFOLK BOROUGH.
At a Hastings Court continued and
held the 25th day of May, 1808. Cornelius Cruwagyan, Compt Against Maritz Bozellis and Moses Myers, Defendants . The defendant Maritz Bozellis not having entered his appearance and given security according to the act of assembly and the rules of this court; and it appearing to the satisfaction of the court that he is not an inhabitant of this commonwealth: on the motion of the complainant by his counsel, it is now ordered that the said defendant Maritz Bozellis, do appear here on the fourth Monday in July next, and answer the bill of the complainant, and that a copy of this order be forthwith inserted in some Newspaper printed in this Borough for eight weeks successively, and posted at the front door of the Court House of said Borough: and it is further ordered, that the defendant Moses Myers who has effects of the said Maritz Bozellis in his hands, do not pay, convey away, or secret such effects, but retain them until the further order or decree of this court. Teste, A Copy, WILLIAM SHARP, C. C.
NORFOLK BOROUGH.
At a Hastings Court continued and
held the 24th day of May, 1808. Thomas Jones, Compt Against Thomas Wright, administrator with the will annexed of Thomas Newton, deceased, Defendant . The defendant not having entered his appearance and given security according to the act of assembly and the rules of this court; and it appearing to the satisfaction of the court that he is not an inhabitant of this commonwealth: on the motion of the complainant by his counsel, it is ordered that the said defendant do appear here on the fourth Monday in July next, and answer the bill of the complainant, and that a copy of this order be forthwith inserted in one of the Newspapers printed in this Borough for eight weeks successively, and posted at the front door of the Court-House of the said Borough. Teste, A Copy, WILLIAM SHARP, C. C.
VIRGINIA, to wit:
At a Chancery District Court held in the City of Williamsburg, the 26th day of April 1808. Robert, John, and Frances Howard, infants under the age of twenty one years, by Henry Howard their father and next friend, Plaintiffs . Against Mary Sclater, widow and devisee for life of John Sclater, deceased, Richard and William S. Sclater, sons and devisees of the said John Sclater, deceased, Edmund Tabb, Frances Tabb an infant under the age of twenty one years, Frances Powell, Elizabeth Smith, and Miles Cary, executor of John Sclater, deceased, and as executor of the said John, who was executor of Richard Sclater, deceased, Defendants . On the motion of the plaintiffs by their counsel, Sarah Tabb is assigned guardian to the infant defendant Frances Tabb, to defend her in this suit, and the defendant Edmund Tabb not having entered his appearance and given security according to the Act of Assembly and the rules of this court, and it appearing to the Court that he is not an inhabitant of this country: It is ordered, that the said defendant do appear here on the first day of the next term, and answer the bill of the plaintiffs, and that a copy of this order be forthwith inserted in one of the Newspapers published in the Borough of Norfolk, for two months successively, and posted at the front door of the former capitol in this city. A Copy, Anthony Robinson, C. C.
At a Court held for Norfolk County,
the 19th day of July, 1808. Alexander Love, Plaintiff . Against Alexander Falconer, and John Hamilton, Defendants . The Defendant Falconer, 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 this Court that he is not an inhabitant of this Commonwealth: on the motion of the Plaintiff by his Counsel, it is ordered that the said defendant do appear here on the first day of November Court next, and answer the bill of the Plaintiff, and that a copy of this order be forthwith inserted in some Newspaper of the Borough of Norfolk for two months successively, and posted at the front door of the Court-House of this County. A Copy, Teste, Wm. Wilson, Jun. C. N. C.
NOTICE.
The partnership of Wilson, Cunningham & Co having been dissolved by mutual consent—all those indebted, as well as those who have claims against them, are requested to settle the same with Alexander Wilson or J. B. Cunningham, who are fully authorised to liquidate the business of said concern. William Pennock, Alexander Wilson, James B. Cunningham. Norfolk, July 15, 1808.
The business heretofore carried on by the above firm will be continued by the Subscribers, under the firm of Wilson & Cunningham. Alexander Wilson, James B. Cunningham.
NOW LANDING
On our Wharf, and for Sale on a liberal credit, from on board the British Schooner Commerce, Capt. Collins, from Jamaica. A Cargo of high proof RUM. C. & F. Whittle. September 2.
WILLIAMSBURG, August 22, 1808.
To all whom it may concern, be it known, that the mercantile house of GREENHOW & COLE is this day dissolved. The Subscriber will dispose of His well assorted Stock in Trade, on terms specified in the Enquirer, of Richmond, under this date; and if not Sold before the first day of October next by wholesale, they will be retailed (nothing preventing) at very reduced prices for CASH ONLY. 16t R. GREENHOW.
SACK SALT,
For Sale by MOSES MYERS. September 7.
LOTTERY OFFICE.
LOTTERY TICKETS FOR SALE IN THE Philadelphia Grand Lotteries, BY R. H. HUGHES, No. 69, CHESTNUT-STREET.
SCHEME OF A LOTTERY For the Universalist Church,
Authorised by an Act of the General Assembly of the State of Pennsylvania, passed the first day of February, 1808.
1 prize of 15,000 dollars is 15,000 1 10,000 1 5,000 1 4,000 1 3,000 2 2,000 3 1,000 6 500 6 400 10 300 20 200 40 100 100 50 3,516 12 3,708 107,592
6 Stationary.
3,714 First drawn blank first day's drawing 1,000 Do. when 1,500 tickets shall be drawn 1,000 Do. 3,000 do. 1,000 Do. 5,000 do. 2,000 Do. 8,000 do. 2,000 First drawn blank on the last day's drawing 10,000 12,460 tickets at 10 dollars 124,600 124,592 Subject to a deduction of 15 per cent. Tickets at $11.
THE SECOND CLASS OF THE Holy Trinity Church Lottery. State of the Wheel.
1 prize of $ 10,000 2 do. of 5,000 1 do. of 4,000 1 do. of 2,000 8 do. of 1,000 4 do. of 500 8 do. of 300 16 do. of 200 26 do. of 100 75 do. of 50 155 do. of 20 And a proportionate number of smaller prizes.— Tickets $8.
Bustleton and Smithfield Turnpike Road Company.
Scheme on an improved plan entirely different from any other.
HENRY PRATT, Esq. President. 1 prize of 15,000 dollars is 15,000 1 5,000 1 2,000 2 1,000 11 500 20 250 40 200 70 100 100 50 100 30 100 25 102 20 804 15 12,950
7,500 Tickets at 10 dollars each, is 75,000
Subject to a deduction of 15 per cent.
For the convenience of the publick, half tickets will be provided by the managers, and signed as the whole tickets. Prizes payable in Cash at the Bank of the United States, on the next day after each drawing day.
The whole Lottery will be drawn in fourteen days; and to save expense, only as many members will be drawn as there are prizes; the residue will of course be blanks.
USEFUL ARTS LOTTERY.
CASH PRIZES. 1 Prize of 10,000 dollars is 10,000 2 do. of 5,000 5 do. of 1,000 10 do. of 500 10 do. of 200 40 do. of 100 100 do. of 50 200 do. of 20 500 do. of 10 5,000
Subject to a deduction of 15 per cent.
This Lottery offers one of the best opportunities for adventurers, that may ever occur again, as all the large prizes are yet in the wheel, and only fourteen days to draw—and tickets at the low price of 2 dollars, but will soon advance to 3.
N. B. All the above Lotteries will be finished this fall. Persons wishing to become adventurers, shall receive the greatest encouragement at this office. Letters must be paid, enclosing bank notes of any state, shall be punctually attended to, directed to No. 69, Chestnut Street.
Good endorsed notes at 60 days, will be taken in payment for tickets, and cash given for prizes the day after they are drawn, at the usual discount. Philadelphia, September 12. R. H. HUGHES.
LIBERAL PRICES FOR NEGRO BOYS,
From 7 to 12 years old. ROBERT BARR of Kentucky, near Lexington, is desirous of purchasing from forty to fifty Boys; he is now on a trip to Philadelphia, but intends to return to this place about the first of next month—meanwhile, those who are disposed to sell, will give Mr. SAMUEL COLEMAN, of Norfolk, information thereof, who, upon seeing the Boys in Norfolk, and being satisfied with the title, is authorised to purchase, conditionally. September 9. JOHN WALKER.
Fifty Dollars Reward.
RAN AWAY from the Subscriber on the 26th December last, a Mulatto Man named TONEY, a Blacksmith by trade; he is about 24 years of age, 5 feet 10 inches high—had on when he went away a dark cloth suit coat and pantaloons—his right foot has been broken, which causes him to limp, and is much larger than the other—He travelled in the stage from Edenton to Suffolk, the 28th December last. I have understood he went by the name of Benjamin James while in Suffolk—I expect he will endeavour to pass as a free man. The above reward will be given to any person who will secure him in any jail so that I get him again, and all reasonable charges paid if delivered to me in Plymouth, North-Carolina. August 26. JOHN WALKER.
FALL GOODS.
Richard and John Taylor, Have received by the Ship Hero, from Liverpool, part of their FALL SUPPLY, and are in daily expectation of the remainder by the next arrivals, to complete their assortment, consisting of
Kendal Cottons, Kerseys, Rose and Striped Blankets, Flannels, Boizes, Yorkshire Pains, Half-thicks, 5-4 and 6-4 Cletons, do. Coatings, Beavers and Friezes, Carpets and Carpeting, Pipes, Copperas, Nails, Spikes, Powder and Shot.
Also, an extensive assortment of Fine and Fancy Goods, Manchester, Cutlery and Hardware, all of which they will sell by the package, piece, or retail, on very low terms for Cash or approved Paper.
They have likewise for Sale, Prime Carolina Pork and Lard, Old Jamaica Rum, and a few bales of Twilled Sacking. September 16.
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 N. Norfolk, Two good Fire-Proof Warehouses on the Eastern side of Commercial-Street, No. 4 and 6.
Two Dwelling Houses and Lots on Boush-street, in good repair, and very pleasantly situated. Apply to
John Granbery. September 14.
LABOURERS WANTING.
The President and Directors of the Dismal Swamp Canal Company want to hire for the ensuing season, a number of Hands to work on the Canal; they will be provided with good wholesome food, and the usual quantity of whiskey per diem—liberal wages will be given, and their wages paid at the end of every month. Apply to
Richard Blase, William Cummack, or Samuel Proctor, Overseer. September 12.
MACKINDER & WHITE, Will give CASH for 5000 bushels good White CORN.
Not offer for Sale, Hollands Gin, Country do. Muscovado Sugar, Prime Smithfield and Carolina Pork, Fresh Imperial, Hyson, and Young Hyson Teas, Also,
A general assortment of Dry Goods, which they will sell on the lowest terms, for cash or approved Notes.
WANTED, About eight likely HANDS, to whom liberal wages will be given. Apply as above. September 12.
FRESH GOODS.
WOOD AND HASTINGS, Have just received, Cambricks and Common Callicoes, Cotton Shirtings, Cotton Cambricks, Irish Linens, Long Lawns, Linen Cambricks, &c.
Also, A few pieces of best London Superfine Broad CLOTHS, and most fashionable CLOTHS, which with their Goods on hand, will be sold at very low prices for Cash. September 9.
FOR SALE, 500 sacks Liverpool fine SALT, 5000 bushel Cadiz do. best quality. 36 crates Queen's Ware, consisting chiefly of Plates and Dishes; 5000 wt. German Steel. JAMES YOUNG. September 7.
FOR SALE, On board the British ship Halliday, capt. Marshall, just arrived from Liverpool, 355 tons stoved SALT, 145 do. common do. 100 crates well assorted Earthenware, and 12 dozen Mats—by C. & F. WHITTLE. September 5.
FOR SALE, 12,000 bushels fine Liverpool SALT, By Moses Myers. Who has now landing, and will continue to have a constant
Supply of Superfine FLOUR, of new wheat for family use, from the Mayo Mill. September 2.
FOR RENT, That convenient Dwelling-House, on Brewer Street, the property of Mr. John Davidson, at present occupied by Mr. Stephen Harris. 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. Who has in Store,
A few thousand bushels Liverpool stoved SALT, loose and in sacks, that will be delivered in small or large quantities to suit the purchasers. August 15.
Ten Dollars Reward. Deserted from Gosport Navy Yard, July 28, 1808, BENJAMIN PHILLIPS, a Private in the Marine Service, 24 years of age, 5 feet 8 inches high, dark hair, light eyes, and fair complexion. Edward Hall, Lieut. M. C. August 17.
NOTICE Is hereby given to all persons having claims against the estate of THOMAS BARK, deceased, that they must be brought forward for settlement previous to the 1st of December next, properly attested; all those indebted to said estate will make immediate payment, or suits will be brought indiscriminately—the above notice will be plead in bar against delinquent creditors, by Peter Foster, Executor. August 24.
SAMUEL J. DYCHER,
FROM LONDON, informs the Inhabitants of this Borough and its vicinity, that he intends carrying on the following Branches of Carving and Gilding, viz.
Looking Glass and Picture Frames made to any pattern; as it is reasonable to expect that there is a number of Looking-Glass, Picture Frames, Ornaments, &c. wanting repair and regilding, and a risk of sending such articles to the northward, the disadvantage of not being present to have such work executed to suit any particular fancy, the artist flatters himself a liberal publick will encourage him in his profession. Orders from any part of the Borough or Country will be attended to.
Prints, Needle Work, and Drawings, framed in burnish gilt; black and gilt Edge Frames, with glasses plain or enamelled; and gilt, oval, or square Prints and Paintings cleaned.
D. has on hand PATENT PERPETUAL ALMANACKS, the utility of these Almanacks to every description of persons in a certainizing the day of every month for 2300 years to come in a second of time, also to give the day that any person was born on; there are upwards of ten thousand already sold, the third plate is now engraving in New-York; they may be had in sheets, or framed and glazed to any price or pattern—they have been put in frames from 2, 6, and 18 dollars—Country Merchants or traders supplied upon liberal terms, purchasers will be taught their use in a few minutes.
The likeness of GEN. JACKSON, handsomely coloured; also, the likeness of the Rev. HENRY HOLCOMBE; the number of Subscribers in the different States to the above likenesses, it is hoped will induce a liberal publick to encourage the artist in his profession.
Bed and Window CORNICE made to any pattern. N. B. One of the persons in the business is in possession of finally eradicating that dreadful malady the GRAVEL; the stone is dissolved let the magnitude of it be ever so great, by a reception of simple roots; many valuable lives are lost by the operation of simple roots; many valuable lives are lost by the operation of cutting. The Poor cured gratis, and persons at a distance supplied with directions. Orders sent to No. 53, Main-street, opposite Mrs. Street's, will be attended to. 12.
ADVERTISEMENT.
To a Gentleman who has not been seen or heard of by his friends in his native country since March, 1806.
This gentleman may with perfect safety, both as to publick and private concerns import his situation and place of residence to THE EDITOR OF THIS PAPER, who can give him any information about his family. This advertisement is made by those most interested in him, and the reference may be considered in—The gentleman to whom it is addressed, will know it by these circumstances. He left his native country in March 1806. He was the only surviving son of his father, whose name was Thomas, born 1740, and married M. E. His brother John who was elder than him, had died before. His two sisters were C. & A. of whom the former was dead before 1806. He was born in the parish of B. where the estate of his ancestors is. Educated at I. in the county of R. and taken care of by his aunt Cecilia. July 15.
LANDING
This Day from the Schooner Adventure and brig Eliza, 55 hhds. sup. qual. Muscovado Sugar 34 do. and 40 quarter casks particular Teneriffe WINE—For Sale by Moses Myers. July 6.
We have for SALE on our Wharf, 200 hogheads MOLASSES, 53 do. superior quality Muscovado Sugar, 37 do. inferior do. 238 bags Guadalupe Coffee; 10 puncheons Rum, 60,000 wt. Jamaica Coffee, in hhds. barrels and bags, 10,000 do. Laguira do. 80 kegs Raisins, 20 cases superior quality Claret, 6000 bushels Ivisa, 5500 do. St. Ubes, 2500 do. Turks-Island, and 5000 do. coarse Liverpool Salt, 10 pipes old Madeira Wine; 4 do. Country Gin, 50 barrels Rye Whiskey; 20 hhds. Philadelphia Porter, 1 new 14 inch Cable 120 fathoms. C. & F. Whittle. July 13.
For SALE at my Brew-House, Strong, Table, and Ship BEER, by the hoghead, barrel, and half barrel—and a constant supply of bottled PORTER in packages and by the dozen. And in Store, Wines, Liquors, and Groceries, wholesale and retail. Joseph Hayes. Feb. 13.
Mackinder & White, Have just received from on board the Schooner Liberty, Capt. Lewis, from Philadelphia, 150 boxes fresh Imperial and Hyson TEAS, of superior quality. ALSO,
A fresh supply of Hollands GIN, Ticklenburgs, superfine Cloths, Gentlemen's Silk Hats, Parasols, &c.—Which they offer for Sale on the lowest terms, for cash or approved notes. N. B. A few barrels of prime Smithfield MESS PORK. April 15.
FOR RENT, The Store, Compting-Room & Cellar, at present occupied by Mess. Wood & Hastings, no. 90, Main-street. Apply to Thomas Willock. August 24.
Two thousand Spanish HIDES, For Sale by William Plume, & Co. June 6.
Fresh Imperial TEA. Just received 17 boxes fresh Imperial TEA, of the present year's importation—Also on Hand, 25 tons assorted BAR IRON, 80 barrels and a few hogheads Muscovado Sugar, 40 barrels and bags Green Coffee; 25 hhds. old Antigua Rum, 20 hhds. Molasses; 8 pipes French Brandy, 10 crates assorted Queen's Ware, A few quarter casks of Sherry and Teneriffe Wine, Whiskey in barrels; Loaf Sugar, New-York prime Pork and Beef; 30 casks Cheese, A few barrels Mackerel; Soap; Candles; Demijohns, &c. For Sale by Jennings & Roddey. February 26.
Ten Dollars Reward For Negro ALECK, purchased of Mr. Hubbard of this place, of a very dark complexion, has lost his upper fore teeth; had on when he went away a coarse check shirt and cassimere pantaloons, long coat and white hat; he was seen near Tappahannock Ferry, York, where I suspect he is still lurking, or at Williamsburg where he has a wife. George Veale. August 22.
NORFOLK:
PUBLISHED THREE TIMES A-WEEK, BY WILLIAM DAVIS, FOR THE PROPRIETOR, Opposite the Exchange Coffee-House. Price Six Dollars Yearly, in advance.