Norfolk gazette and publick ledger (Norfolk [Va.]), 1809-08-30 00:00:00

NORFOLK GAZETTE AND PUBLICK LEDGER. SINT HIC ETIAM SUA PREMIA LAUD.
VOL. VI.
WEDNESDAY EVENING, AUGUST 30, 1809.
NO. 19.]
For New-Orleans, The regular Packet Brig SPANISH LADY, Richard Hurst, master, will sail on the first day of October next.
For Lisbon, The fine fast sailing Ship BETSEY, Edward Watson, master, will sail in 10 or 12 days; has excellent accommodations.
Freights are wanted for the Ship ARIADNE, Capt. R. Hoyt, burthen 298 tons, a fine new Ship, and can be ready for the reception of a cargo in about 10 days.
The Brig WASHINGTON, Capt. V. Bagley, burthen 200 tons, now in complete order for the reception of a cargo. For terms apply to the masters on board, or Christopher Fry.
For Charter, The Ship William & Mary, E. Tipling, master, Burthen 230 tons, will carry 1100 barrels or 237 hogsheads Tobacco, is in complete order, and ready to receive a cargo. Apply to D. Sanford, or F. Smith.
For Sale or Charter, The Brig EXPERIMENT, Henry Dickson, master, Burthen 140 tons, and will carry 1100 barrels or 237 hogsheads Tobacco, will be sold low, and a liberal credit given for approved paper. For terms apply to WILLIAM DICKSON.
60 hogsheads St Kitt's MOLASSES, 60 do. Sugar; 50 do. Jamaica Coffee, 3 do. Guadalupe do. 52,500 wt. St Domingo do. 200 bales Sea-Island and U. Land Cotton, 1000 hogsheads Richmond and Petersburg Tobacco, 4000 bushels coarse Salt; 15,000 do. Liverpool blown do. 6 pipes Old London particular Wine, 40 crates Queen's Ware, assorted, 150 barrels Superior and Fine Flour, Russia and Raven's Duck, Country Gin, Rum, &c. For Sale on liberal terms by C. & F. Whittle.
Stanch VESSEL, Of 150 to 180 tons, sheathed wanted. tf
The Great Match Race! For Two Thousand Dollars, Will be run on WEDNESDAY the 13th of September next, over the Norfolk and Portsmouth Jockey Club Course, between WRANGLER, raised by Col. Seiden, and Sift SOLOMON, by Mr. Pausch, four mile heats, each to carry 109 wt. It is expected that from 10 to 15,000 dollars will be betted on this famous race, as the Horses are considered the best on the continent. August 9. tfr
NEW GOODS. WOOD & HASTINGS, HAVE JUST RECEIVED, 30 packages Spring and Summer GOODS, Consisting of almost every description of Goods suitable for the present season. They will be sold at very low prices for cash, or acceptances in town. June 14. tf
LANDING At Newton's wharf, the CARGO of the Brig George, from Matanzas, Consisting of Fine Muscovado SUGAR, in Hhds. Clayed Sugar White and Brown in boxes, Green Coffee; & a few tons Ligumvite. For Sale by Jennings & Roddey. July 17. tf
FOR RENT, A HOUSE and LOT, On Catharine Street, adjoining Mr. Wm. Thompson's; possession may be had immediately by applying to the subscriber. Who will give Cash for 200 cords WHARF WOOD, on delivery. RICHARD TAYLOR. July 6. tf
150 Barrels New HERRINGS, For Sale by JENNINGS & RODDEY. August 10. tf
I will Sell or Rent for a term of years, that desirable Little Retreat, called THE COTTAGE. It contains twenty acres of rich and well enclosed Land, ditched and free from any stagnant water. The purchaser or renter may have possession time enough for a crop. Terms will be accommodating; if not disposed of before I leave home, application must be made to Mr. James Young, of Gosport. WILLIAM LEIGH. August 19. tf
Now landing from on board the Schooner Fair American, from St. Domingo, 24,000 feet MAHOGANY, of the first quality, which will be sold low for Cash, or approved Notes, at 60 and 90 days, by Bowden & Milhado. ALSO, 1,400 lbs. Spanish TOBACCO. August 28. tf 12 pipes Cogniac and Bourdeaux BRANDY, 3000 bushels Turk's-Island SALT, Fresh Imperial and Hyson TEAS. 10 Hogsheads retailing MOLASSES. For Sale by Joseph Haycs. Aug 28. 3w
Now landing from on board the Schooner Success, from Portsmouth, 16 kegs BUTTER; 18 boxes SOAP, 1 barrel SALTS; 10 do. N. E. RUM, 19 bundles HAY; 3000 feet PINE BOARDS, 1 box STRAW and CHIP HATS. For Sale by JENNINGS & RODDEY. August 28. tf
NOTICE. I intend to leave this State about the first of October next, and request all persons having claims against me to bring in their accounts for settlement; all those indebted will please come and settle by note or otherwise. WILLIAM TONKIN, Town Point. August 19. tf
Just Published, Proofs of the Corruption of General JAMES WILKINSON, And of his connection with Aaron Burr, With a full refutation of his slanderous allegations in relation to the character of the principal witness against him BY DANIEL CLARK, of the City of New-Orleans. "Justice tho' slow, is sure, vengeance O'er takes the swiftest villain's guilt" Letters by M. De St. Evremont, and Waller—Vol. 4th American Register—Shakspeare's Plays, the first complete edition in America, in 17 volumes. For Sale by Bonsal, Conrad, & Co. August 25. 6.
Manchester Academy. In consequence of the intended removal of Mr. JOHN WOOD to the City of Richmond, on the 25th September next, the Trustees of the above Academy, are desirous of engaging a TEACHER of the Languages and Mathematics, to supply the station he now holds. On application to the Treasurer of the Academy, residing in Manchester, the terms will be made known to any gentleman of liberal education and moral conduct. Manchester, Aug. 22. 1809. tf
State of North-Carolina, Superior Court, April Chowan County. Term, 1809. JAMES R. BENT, } In Equity. vs. ADON CURTIS. THE Defendant in this suit having failed to appear and file his answer agreeable to law, and it being represented to the Court that he is not an inhabitant of this State, it is therefore ordered that notice be given to the said ADON CURTIS in the Norfolk Gazette and Publick Ledger, for the space of six weeks; that unless he appears or before the next term to be held in the town of Edenton, on the first Monday after the fourth Monday in September next, and file his answer, judgment pro confesso will be entered up against him. By Order, Aug. 23. J. B. BLOUNT, C. M. E. C. C.
Wig-Wam Garden. NINE PINS AND QUOITS, a cure for sedentary habits. July 26
THE SUBSCRIBER Having been appointed a Commissioner of the Chancery Court for the WILLIAMSBURG DISTRICT, gives notice to those persons, who are parties to cases referred to him, that he is ready to receive their papers. JOHN COWPER. Master Commissioner's Office, July 11, 1809. tf
I wish to Sell on moderate terms, A Valuable Tract of LAND, Well timbered, containing 480 acres, more or less, surveyed by Mr. George Nicholson, County Surveyor. The Land lies within two miles of the head of the Western Branch, near Hall's Mill, where Mr. John Cornwell has erected a Saw-Mill, and made an excellent road near the land for carting timber, &c. The Land is under a small encumbrance to Mr. Edward Brown, by a Deed in Trust. Terms of Sale, Three Hundred Dollars must be paid on giving the titles to the Land to discharge the Deed in Trust and other expenses; the balance of the purchase money to be paid in six and twelve months, Notes and approved endorsements will be required. Any person holding a Bond, Note, or Book Account against me will be taken as part payment for the above property. WILLIAM TONKIN, Town Point. August 19. tf
NOTICE. THE Partnership of T. & W. A. ARMISTEAD is this day dissolved by mutual consent. The settlement of its concerns devolve on W. A. ARMISTEAD, who is authorized to grant discharges, and on whom all persons having claims against the Firm, are requested to call. January 3. W. A. Armistead and George Kelly, have entered into Co-partnership. Their business will be conducted under the Firm of ARMISTEAD & KELLY. January 16. tf
DOCTOR BALFOUR, Will take a Young Gentleman into his Shop as a Student of Medicine. August 19. tf That large Dwelling-House, pleasantly situated on Town-Point, Main-street, at present occupied by the subscriber—That large Fire-Proof Warehouse on White Water-street, and a small Dwelling House adjoining in Holt's lane. Possession of all or any one of them may be had immediately if required; also one end of the House in Payette-street, at present occupied by Robert B. Taylor, Esq. as his office. Daniel R. Waddey.
Who wishes to Sell, 259 ACRES OF LAND, Lying in the County of Princess Anne, on the Eastern Branch of Elizabeth River, distant from Norfolk about 8 or 9 miles by water, running across the main road from this to Kempville; part of which is heavily timbered with oak, pine, ash, &c. July 28. tf
Gingham, Calicoes, and Shirtings. WOOD & HASTINGS, Have just received via Philadelphia, 4 Trunks CALICOES, 3 do. GINGHAMS, 2 do. COTTON SHIRTINGS, part very fine July 8. tf
LANDING From the Schooner Virginia, Capt. Wheeler, from St. Vincent, 50 puncheons RUM, 60 hogsheads retailing MOLASSES, For Sale by Jennings & Roddey. August 7. tf
LOST OR MISLAID, The following LAW BOOKS: 4th Volume of Robinson's Admiralty Reports, 5th do. Comyn's Digest; Powell on Contract. ALSO, The 2d, 4th, and 12th Volumes of CARY'S AMERICAN MUSEUM; and a folio edition of Pliny's Natural History, printed in the Old English Black Letter, and in the reign of Elizabeth or James I. I will sell very reasonable
The following LAW BOOKS: Bacon's Abridgment, Gwillim's Edition, Fearn on Contingent Remainder and Executory Devices, Fonblanc on Equity; Estoppe's Nisi Prius, Jones's Law of Billets; Gilbert's Law of Evidence, Harrison's Chancery Practice; Selwyn's Practice in B. R. Mitford's Pleadings; Lillie's Entries, Pothier on Obligations; Powell on Contract. These are mostly London, and the latest editions. John Cowper. July 17. tf
ANTIGUA RUM. Landing from on board the sch't Catharine Shepherd, 25 puncheons Antigua RUM. And in Store, 15 punch. choice 6 years old RUM. For Sale by Jennings & Roddey, July 21. tf
NOTICE. All those having claims against the Estate of JOHN CALVERT, deceased, are hereby requested to bring them in properly attested; and all persons indebted to the same, to make immediate payment to Richard Taylor, Executor. June 19. tf
NOTICE. I intend to petition the next General Assembly, to pass a special act, authorising the Overseers of the Poor, or Commissioners for that purpose, to be appointed, to sell the GLEBE LANDS, in the County of Mathews, whereof I am the incumbent, and the interest arising from such sale to be annually applied to my use during my life, or my continuance as the incumbent minister; Also to sell the BRICK WALLS of the Church, commonly called the New Church, being now in a perishable situation, and the money to be applied as other monies directed by law arising from the sale of Glebe Lands. August 19. Armistead Smith. 3m
FOR SALE, 2 Carriages and 6 excellent HORSES, 2 Shares in the Norfolk Theatre, 1 Pew in the Episcopal Church, 1 Pew in the Presbyterian Church, Household and Kitchen Furniture; 3 Milch Cows, 1 Tract of Land in Wake County, N. C. 640 acres, 1 Tract of Land in Granville County, N. C. 700 acres, A Negro Family, consisting of a valuable Gardener, his wife and three small children. Should the above-mentioned articles not be disposed of in a short time at private sale, they will be Sold at Publick Auction; payment will be taken in Tobacco at the market price, or in Newbern and Cape Fear Bank Notes. For further particulars apply to William H. Thompson. July 3. tf
A GREAT BARGAIN. Wig-Wam Gardens for Sale For all, water, and health, none superior. July 31. tf
Green Coffee and Loaf Sugar. 20,000 lb. choice Green COFFEE, 8,000 do. first quality Philadelphia Loaf SUGAR. For Sale on reasonable terms by Donaldson, Thorburn, & Co. March 22. tf
THE COMMISSIONERS For Paying the Streets in Norfolk, are desirous to contract for as much clean refuse Sand as shall be necessary for the paving of Main-street; and also for 20 to 100 tons of coarse Gravel. They would prefer the delivery to be upon the spot as the paving progresses, but if this cannot be done, it may be laid upon the wharf nearest to the work. Ready cash will be paid for it as fast as it is delivered. June 26. tf
Bills on London, For Sale by J. & W. Southgate. May 8. tf
Just Received, A few bales very fine India Cottons, suitable for Sheetings, Bandanna Handkerchiefs, Nackeens of superior quality; Bandanna Handkerchiefs, Sewing Silks; Russia Sheetings, &c. For Sale by Wood & Hastings. May 3. tf
A BARGAIN OFFERED, In a fine and Valuable FARM, in the County of Princess Anne. THE Subscriber is desirous 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 county, lying on the Eastern branch of Elizabeth River, and distant from Norfolk Market only five or six miles by water, and 8 or 9 by land. The soil is excellent, about one half of the tract being cleared land, and fit for immediate culture; the other heavily timbered with Oak, Pine, Ash, and Hickory. It has also the advantage of several good landings. Any one desirous 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. Truly Robinson. Dec. 7. tf
50,000 lbs. prime Green COFFEE, For Sale by J. & W. Southgate. July 11. tf
SPRING GOODS. WOOD AND HASTINGS, Have just received a small supply of SEASONABLE GOODS, among which are, 4-4 Irish LINENS, part extra fine, 4-4 and 6-4 Cotton Cambricks, 7-8 and 4-4 Cotton Shirtings, Superior and common Calicoes, Gingham, Madras Handkerchiefs, Fine Corded and Fancy Dimities, Mens' and Womens' Cotton Hose; do. Silk do. Cotton Umbrellas; White Jeans, part very fine, Royal Cord and other fashionable Vestings, Plain and Fancy Muslins, Elegant worked Muslin Short Dresses; Seer Suckers, Nankeens; Kid Gloves; Mens' Buckskin do. BROAD CLOTHS. Best Superfine Black, Blue, Olive, Brown, Bottle Green, Drab, Mixed, &c. Broad Cloths; middling and common do. One case Gentlemens' Silk Plush Hats. The above with our Goods on hand, comprises a very handsome assortment, and will be sold at low prices for Cash only. April 7. tf
NOTICE. The Subscriber desires all persons who have claims against him to present them for settlement, and those who are indebted to him are requested to make immediate payment. John Hamilton. July 3. tf
FOR SALE AT THIS OFFICE, Price 37 1-2 Cents, A few Copies of LETTERS, Under the signatures of SEVEN of a FARMER, Comprehending an examination of the conduct of our Executive, towards France and Great-Britain, out of which the present crisis has arisen, originally published in the North American. From the Editor's Preface. Great publick exigencies, in free governments, have always called forth great virtue and talents. Thus the passing occurrences of the day prove, that the lapse of twenty-five years has not turned our nation aside from that salutary influence of their rulers and jealousy of their rights, without which our government could not have been established nor continued. Should we survive the fraud, prejudice and power, which have conspired for our ruin, we shall not owe it more to the timely illustrations of the sage, and the heroic devotion of the patriot, than to native good sense and unallied attachment to liberty in the body of the people. We have here another proof, that the American nation is as conspicuous for its intelligence, as for its civility and manners, and its unalterable adherence to national freedom. The late attempts upon both, have electrified the whole country. The aged, the retired, the timid, the wavering, and the deluded, have all been brought into the ranks of that phalanx which is determined to save the country. By such exertion it must be saved! Among the pens which have powerfully contributed to this conservative alarm, is the able and ingenious author of the subjoined letters. His fascinating style and vigorous argument, have chased away the sophistry and pernicious delusions, which the hand of power has contrived to mislead purposes and our danger. These explanations of complicated affairs, in a compendious form, have involved the life and death of our social political constitution, with its long admired. The crisis which called them forth, is also more interesting, than the dignity of the writer is venerable, and his capacity equal. June 7. tf
NOTES OF HAND, according to the new form established by the Department of the Office of District and District Bank of the United States, for eight this year. tf

British Envoy.—His Britannick Majesty's frigate Africaine, arrived in Hampton Roads yesterday, in 45 days from England, having on board Mr. Jackson, the new minister to the United States, his Lady and family. The arrival of this gentleman has been anxiously looked for by all those who are desirous of an adjustment of our disputes with Great Britain. There are others who have clamoured one day because he did not arrive sooner, and the next day declared he ought not to be received when he should arrive. The cause of complaint on account of his non-arrival must now cease.
Declaring ourselves to be wholly uninformed of the sentiments of the administration, we undertake to hazard no positive opinion of the reception which will be given to Mr. Jackson. We, however, persuade ourselves that our government will pursue a course, which will equally comport with its own dignity, and at the same time consult the interests of the nation. It is, therefore, that we both hope and believe, that the administration, so far from participating in the hostile, and indecent sentiments, which have appeared in certain papers, will receive this minister with the respect due to the character with which he is invested, listen with candour to what he has to say, and act with firmness and dignity as relates to themselves.
The period we feel is an awful one, because we know that no effort will be omitted to defeat what we hope and believe is the object of this mission. If in this instance the wishes of those who have long desired war, can be disappointed, it will be a pleasing circumstance—but whatever a faction, who regards nothing but its own aggrandizement, of which many do not understand, and of which more neither consult nor regard the publick good—whatever a foreign party, composed of British malcontents, and French and other Jacobins can do, will be done. It is to the real American character that we look with confidence in this day of trial.
London papers to the 13th of July, have been received by the Africaine, but none later than the 10th at this office; we regret the circumstance, but could not prevent it. The papers which we have received, were politely favoured with by one of the officers of the ship, they contain but few articles of much interest, those which appeared so, have been selected.
Verbally we understand that the grand expedition had not sailed, but would sail on or about the 17th of July; it was not understood to what object this expedition was directed; Flushing was more generally supposed. An embargo existed in England, but it would be raised after the expedition had sailed.
The affairs on the Continent, so far as respect the operations of the grand armies on the Danube, and Lower Hungary remain as at the date of our last advices. Rumours were in circulation of another grand battle on the Danube, but they wanted confirmation. The North of Germany is considerably agitated; we confidently believe that the expedition from England is intended to give more strength and effect to the temper which appears in both Holland and the North of Germany. Of the more northern parts of Europe, our advices from Sweden via Salem, are later. The emperor of Russia had not decided on his course, yet his visit to the king of Prussia, may be calculated to restrain that monarch from taking part in the war on the side of Austria, or to engage him to take part with France.
With respect to Spain, our accounts from that country direct, and those from England are in a high degree cheering. The official account of the evacuation of Ferrol and Corunna are noticed in our London papers, and of the whole of Galicia. The united forces of Ney and Soult, have not been able to maintain their ground against Romana, whose force according to French bulletins, was reduced to a few miserable followers, hiding themselves in the mountains. The result of this campaign proves that the evacuation of Spain by the British army last winter, was a precipitate, ill-judged measure, and that those who commanded it, did not understand or appreciate the temper and spirit of the Spanish people.
From the United States' Gazette.
THE PROCLAMATION!
No. 3.
"Taxation, no tyranny."
It may by some be thought strange, and a work of supererogation in me to have laboured to prove a proposition so plain and undeniable as that the President of the United States of America has, by the Constitution, no authority to legislate or make laws! There was a time when a proposition so manifest upon the slightest examination of that instrument, so indispensable necessary to the protection and preservation of the liberty of the people, would have been regarded as the statement of a truism which admitted neither of doubt nor denial. But then, there was in the publick mind a salutary watchfulness, a morbid irritability, always on the alert, and ready to give the alarm at the semblance of encroachment or invasion. General Washington (I assert it with reverence) dared not to have performed or permitted many acts, which during the Jefferson administration have passed without alarm, almost without publick attention. I repeat the assertion, that in the history of the late administration will be found stretches of executive power, invasions of the constitution, palpable and odious, which the illustrious father of his country, could he have obtained his own power, might not have committed with impunity! But Mr. Jefferson was triumphantly born into office, after a long and severe struggle, by a party who professed to be the exclusive friends of the people. Upon the field of the friends of the people nothing which he did, could justly excite alarm or awaken apprehension. Popular jealousy was lulled asleep; liberty by no longer in danger, being placed under the immediate safeguard of the people's own idol! To doubt her safety, was treason against democracy, which having got her into exclusive possession, had transmitted her for safe keeping into the hands of the man! and to him she gave license for every excess. All this however excites no astonishment to a reflecting mind, or to a man at all acquainted with the history of popular governments. A faction gets into power by what is called an overwhelming majority, because it overcomes itself with its opposition; and at that moment, but afraid that it,
may be wrested from them, they strengthen the hands of their leaders and give them dangerous powers. These powers are increased with the fear that they beget, and at last popular liberty becomes a sacrifice, and terminates in the despotism of one!
Those considerations have induced me to endeavour to turn the public eye to the constitution. It cannot be too often reverted to—it is the test of lawful authority, and strips from arbitrary and oppressive acts the imposing and decent garb of precedent. In taking this view of the subject, I frankly express my belief that the president will not attempt to defend the late proclamation on the ground of constitutional authority to legislate. If it is to be defended, it must be on the acts of congress, delegating to the president a portion of legislative power for specific objects. On this ground I shall proceed to examine the subject, and will show that the proclamation is not authorized by law.
The 11th section of the non-intercourse law, passed in March last, is in these words: "And be it further enacted, that the president of the United States be, and hereby is authorised, in case either France or Great Britain shall so revoke or modify her edicts as that they shall cease to violate the neutral commerce of the United States, to declare the same by proclamation; after which the trade of the United States, suspended by this act and by the act laying an embargo on all ships and vessels in the ports and harbours of the United States and the several acts supplementary thereto, may be renewed with the nation so doing." Here then is an authority vested in the president of the United States in its nature very discretionary, to be exercised by him upon his being satisfied of the revocation of certain edicts. As to the kind of evidence of such revocation or modification, which he is to require before he exercises this authority, whether he is to take the promise or assurance of a minister resident, to wait for a minister extraordinary, or to require the sign manual of the king in council, or the fiat of the emperor Napoleon, not one word is said. He is to judge of this matter, uncontrolled and uncontrollable, according to his discretion, and being satisfied of the revocation or modification, he is then to declare the same by proclamation.
The President accordingly by proclamation of the 19th of April last, reciting this section of the non-intercourse law, and stating the declaration of Mr. Erskine upon which he was willing to act, proclaims that the orders in council will have been withdrawn by the 10th day of June, "after which day, the trade of the United States with Great Britain, as suspended by the act of congress abovementioned" [the non-intercourse act] "and an act laying an embargo, &c. and the several acts supplementary thereto may be renewed."
Here then, is an end to the authority given by this law to the president so far as respects the trade with Great Britain. Satisfied with the assurances of Mr. Erskine (of which he only was the judge) he has issued his proclamation; "after which," says the act of congress, (that is after the Proclamation, without any reference to or dependence on any other fact, circumstance or occurrence whatever) the trade of the United States with Great Britain, as suspended, &c. may be renewed. Confiding accordingly in this act of the government, our merchants, with the eager appetite of tedious abstinence, have adventured to the utmost limits of the trade opened to them. Our commerce, obstructed by the stagnating policy of the late administration, and ready to burst over the unnatural mounds which had restrained it, has poured itself abundantly through every sluice and outlet that has been presented. And shall our merchants be now told, and by the very officer of the government under whose permission and authority they have engaged in this extensive trade, you must stop at my bidding? You must break up your voyages at this instant, it matters not how ruinously. You must order your ships home in ballast or half laden, as they may happen to be found. I was too easily satisfied by the British minister: I exercised my discretionary power indiscreetly: Yield obedience, for I now tell you, you are at the mercy of the government: You have incurred inculcabable penalties under the non-intercourse law and the embargo laws, and prosecutions are only suspended, until the decision of congress shall be known "on this unexecuted point," or until the collector "shall be otherwise directed!"
But let us for one moment suppose, that the actual revocation or modification of the British orders was an indispensable condition prior to the renewal of trade with Great Britain; that the proclamation was unauthorised by the law, inasmuch as it went upon a mere assurance that these orders will have been withdrawn at a future day, which assurance has not been kept or performed. This is indeed a mortifying ground on which to place the question; but as the administration are not altogether disinclined to place it there, so be it. Congress had the power to repeal the non-intercourse law and the embargo law altogether, or to confirm the proclamation of the president, thereby repealing them in part. It will be remembered that the 19th section of the non-intercourse act limits its continuance to the end of the next session of congress and repeals all the embargo laws from the same period. The edicts of France being still continued, unmodified, and unrevoked, it was deemed expedient to continue the non-intercourse system as to her, and accordingly congress at the last session (with which that law would otherwise have expired) renew it generally, with this proviso, "that nothing therein contained shall be construed to prohibit any trade or commercial intercourse which has been or may be permitted in conformity with the provisions of the 11th section of the said act." This mode of action was doubtless adopted from that extreme and fastidious delicacy that we have been uniformly in the habit of shewing to our dear sister la republique, and in effect it amounts to a complete ratification and confirmation of what the president had done by his proclamation.
It will be remembered that in the debate on Randolph's resolution, the necessity of such ratification, by the legislature, was insisted upon, and as well as I remember, was not denied; and it cannot but be believed, that this proviso was introduced for that very purpose. It could indeed be necessary or operative for no other purpose; because the 11th section of the non-intercourse law is expressly revived and continued in force, by the very law which contains the proviso. As to the future therefore the president's authority continued unimpaired, and the proviso can only relate to what had been already done.
We come now to the proclamation of the 9th instant—We have examined the sources of the presidential power; none appears in the constitution; that given by the non-intercourse law, is, as to our trade with Great Britain, executed and determined; not partially or conditionally, but absolutely and entirely. The reasons upon which this proclamation rests, as far as they appear upon the face of it, have, it is believed, been already fully answered. Say that the former proclamation was void because the power given to the executive was only to be executed upon a condition which had not then happened, still there is the confirmatory proviso of the law of the last session. But this confirmation of the legislature was not necessary. The condition on which our commerce with Great Britain was to be renewed was the president's proclamation. When I say, that the confirmatory proviso was not necessary, I speak in relation to our commerce; it may have been expedient as it effects the responsibility of the president; but in no other point of view.
The proclamation then is unauthorised by the constitution; it is unauthorised by the non-intercourse law, or the law reviving it, and it is in direct opposition to the proviso contained in the latter.
Here I shall for the present leave this question. I have been led to the discussion of it by no party or personal motives. I have endeavoured to handle it with coolness and moderation. As a question of constitutional power, it is of the last importance. If this proclamation is to have the validity of law, I would ask, where do the president's powers terminate? As a question affecting the commerce of the United States, it is interesting to all. If my views of it be correct, it cannot be doubted, that a jury of the country, acting under the solemnity of their oaths, with a due regard to the constitution and laws, will defeat any attempt that may be made by prosecution or otherwise, to enforce this obnoxious proclamation.
BOSTON, August 21.
Arrived at this port on Friday last, the ship Derby, B. Swift, master, from a voyage to the North West Coast and Canton, having been absent three years. She left Canton 24th March, at which time there was no American or British troops at that place.
Captain Swift informs that the Russians are extending their settlements on the North West Coast, and that they contemplated making an establishment this year on the Columbia river. How far this will interfere with the claims of this country, we do not undertake to decide.
The Derby was detained off the Cape of Good Hope by one of the British ships (Lion of 74) which has been for some time in the Indian and China seas—under the idea of her having been trading at enemy's ports on her way home—her papers which concerned her voyage, were examined, and she held in duress 14 days, at the expiration of which time she was suffered to proceed. None of the letters on board were opened, or other violence committed than that above stated.
Capt. Swift left the ship Pearl, capt. Whittimore, and ship Vancouver, capt. Suter, belonging to the same concern, on the North West Coast, (all well) in September last.
SALEM, August 22.
FROM GOTTENBURG.
Capt. Haskell, of the brig Ann, arrived at Beverly on Sunday from Gottenburg, which place he left on the 26th June. He informs us, that they had certain advices there, that the emperor Alexander had arrived at Koningsberg on a visit to the king of Prussia, where he had been a number of days. It was considered very uncertain what part Russia would take in the present war—whether to join Buonaparte or the Austrians. Many reports were heard of insurrections in Germany, but they could not understand of what magnitude or importance.
Bonaparte had drawn away his French troops from Hamburg and Lubeck, and sent 15,000 Danish troops to garrison those places. The exigencies of his war with Austria no doubt required this.
The reign of the new king of Sweden was very popular, as the people had become tired of the passion of the deposed king for war. It was said that peace was to be settled between Russia and Sweden, and all Swedish ports shut against England; and Norway was to be detached from Denmark, and annexed to Sweden; commercial speculations were going on, arising out of this change.
Burr had left Gottenburg, and was said to be gone to Russia.
Gen. Armstrong.—On the 4th of August, captain Haskell was boarded from his Britannick Majesty's brig Herald, from St. Thomas's, being in company with two frigates, and 40 sail of merchant vessels under convoy. He was informed, in the first place by the boatmen who carried him on board the Herald, and afterwards by the captain, that the day before, they had spoke a ship belonging and bound to Philadelphia, 19 days out from Nantz, having the lady and children of gen. Armstrong on board; and that the general had gone from France to England. The former part of this may be true; the latter is doubtful. The Philadelphia ship must have left Nantz about the 16th of July, a week later than the accounts by the Mentor, when it was said a negotiation was commencing with gen. Armstrong.
NEW-YORK, August 24.
LATE FROM CADIZ.
The brig Fame, capt. Burroughs, arrived here yesterday from Cadiz. She sailed the 15th July, and brings Seville Gazettes as late as the 12th.
These papers contain accounts of several skirmishes that had taken place between the Spanish and French armies, which terminated in favour of the former.
Captain Burroughs informs, that it was reported at Cadiz, three or four days before he sailed, that general Blake had been defeated by the French in Galicia, and lost 2000 men. That after the battle, Blake broke and dismissed from his service 100 of his officers. It was also reported, that king Joseph, had left Madrid, and was marching towards Seville, at the head of 40,000 men. As the papers do not mention these important particulars, we must suspend our belief of them for the present. That Joseph had left Madrid is extremely probable; but it is presumed that he left it for the purpose of evacuating Spain altogether, which is intimated in the Spanish papers.
Saragossa has been retaken by the Spaniards. Don Luis de Onis y Gonzales, is appointed by the supreme junta of Spain, minister plenipotentiary to the United States. He had arrived at Cadiz, previous to his embarkation in the frigate Cornelia, capt. Arrioes; and was to sail from that port about the first of August for New-York.
Admiral Purvis was in Cadiz bay with three ships of the line and several frigates.
Markets for American produce very dull at Cadiz. Grain and pulse were admitted into the ports of Spain free of duty.
* This must be an idle tale, because gen. Blake was in Arragon, and not in Galicia. ED. LEG.
TRANSLATIONS.
From the Government Gazette printed at Seville, and dated 7th July, 1809.
At a sitting of the supreme junta of Spain, in order to consolidate and bring nearer the relations of friendship which exist between Spain and the United States of America, in a manner suitable to the reciprocal interests of both powers, it was considered necessary to employ for that service, a person enjoying the highest confidence, of known merit, and distinguished patriotism, and his majesty has accordingly thought proper to appoint Don Luis de Onis y Gonzales, one of the oldest and most respectable members of the department of state, who possesses all the abovementioned qualities, and who is shortly to go to the United States, in the character of minister plenipotentiary and envoy extraordinary, for the purpose of fulfilling that important commission.
MANZESA, 21st June.
Re-taking of Saragossa.
Yesterday at six in the afternoon, we received the positive and pleasing accounts of the capture of Saragossa by our arms. Who would believe, that a place taken after a siege of 62 days by a numerous army of invincibles, could be wrested from their in-
* Saragossa is in Catalonia, about 40 miles from Barcelona.
vincible clutches by a small Spanish army, composed of raw and inexperienced troops?
SEVILLE, July 10.
Conclusion of the advices from Madrid. We know positively, that in a council extraordinary which had been summoned on the 14th June, between 12 and 1 o'clock at night, to meet next morning at 6, violent debates were held about abandoning king Joseph in Madrid. The latter, Negrete, the marquis de Almenara, and several other persons, were for leaving the city immediately; but owing to the great exertions of Belliard, O'Farrel and others their departure was suspended. Belliard supported his arguments with saying, that the emperor had conquered Madrid, that he was intrusted with its preservation and defence, and that the most that could happen to him was to be taken prisoner, that the troops of the emperor would not abandon Madrid without defending it; and that if his majesty king Joseph, wished to leave the court, he might do it with his guards, &c. Post horses and coaches had been prepared, but owing to this opposition every thing had been suspended.
FOREIGN INTELLIGENCE,
From London papers received at the Ledger Office by H. B. M's frigate Africaine.
LONDON, July 3.
Mrs. CLARK.—On Monday, in the Court of King's Bench, an action was tried, Wright, v. Gwilym Lloyd Wardle, Esq. The attorney general stated, that this action was brought to recover the sum of 1400 and odd pounds, for household furniture supplied by the plaintiff to the defendant, on colonel Wardle's credit, to a lady of the name of Mary Ann Clark. Of this lady perhaps the jury might have heard something, for not very long since she made some noise in an Inquiry brought forward in the House of Commons by the defendant. The plaintiff was an upholsterer, and the claim he now made upon the defendant, and the manner in which it arose, he would state to the jury. It seemed, some time about the autumn of last year, col. Wardle became acquainted with Mrs. Clarke, and very shortly discovered a great preference for her; shortly after their acquaintance, the colonel, the lady, a major Dodd, and a Mr. Glenney, set out on a tour of Inquiry, of curiosity, and of business, for they visited the Martello Towers on the coast. About that time Mrs. Clarke had taken a house on Westbourne-green; and Mr. Wardle, no doubt in well-founded generosity, determined to present her with furniture for it. At that time Mrs. Clarke was indebted to the plaintiff in the sum of 5 or 600l. and he would now have given her credit for any sum, knowing her then embarrassments; but as Mr. Wardle was to be the paymaster, he felt no such hesitation.
Mrs. Mary Ann Clarke was called. She appeared with her usual gaiety. She was rather elegantly dressed in white muslin, with a white silk hat, white ribbons, and a veil. She was examined by Mr. Garrow. She deposed to the following effect:—In the autumn of 1808, I took a house in Westbourne-place. I had shortly before became acquainted with colonel Wardle. At that time I was indebted to Wright in the amount of 5 or 600l. and I had no means of paying for the furniture myself, for then I had not a single guinea. But I told Wright "I had a friend in view, who would furnish the house for me." I certainly meant to allude to col. Wardle. I was to give col. Wardle every assistance and information in my power respecting the enquiry he was about to institute, and in return he was to furnish my house. Among other things I communicated to col. Wardle the conversation I had with Wright about payment. He said he should consult a friend, and afterwards told me, he approved of what had been done. Col. Wardle knew that I then owed Wright money, for he advised Wright to bring an action against the person whom he supposed liable to pay it, and offered himself to pay the costs of the action; but Wright was afraid, as a tradesman, of doing it. Col. Wardle accompanied me to Wright's. Wright had met with an accident, and was in bed; but we saw Daniel Wright, his brother. I said, this is the gentleman who is to furnish; he was silent, and did not reply. Q. Col. Wardle made no reply when you said he was to furnish the house?—A. No, why should he? he went on purpose to give his credit.
Mrs. Clarke continued:—Mrs. Wright took me aside, and when I returned I found Daniel Wright and Wardle talking about a side-board, which col. Wardle observed was a handsome one, and was to be sent in to me. There were also several other things, which they had settled were to be sent in.... After this col. Wardle accompanied me to Wright's several times in a hackney coach, and once or twice went in with me. Once, in particular, he and major Dodd accompanied. They did not approve of the pattern of the carpet which had been sent in for the drawing-room. I chose a blue and white—col. Wardle a scarlet and bronze. At last as I could not bring him to my taste, I observed in the presence of Wright—"Well, as you are to pay, I'll take what you please." Major Dodd was by, and observed the pattern was Turkish, and would therefore suit me; for that reason I said I did not like it. Another day he objected to an elegant writing desk; he found much fault with it, observed there were two or three already about the house; at last he said it was ill made—I said no, it was not ill made, and I would pay for it myself, rather than return it. Some time after this Wright expressed a wish for some money. I mentioned it to col. Wardle; he said he had not any ready, but he would consult a friend. He observed it would be improper at that time, that his name should appear to any bill connected with my affairs; he explained his meaning as being relative to the charges he was about to bring against the Duke of York. The bill was given on the 2d of January, and the charges made in the House of Commons a week or two afterwards. The bill transaction was to prevent suspicion in the world.
Being cross examined by Mr. Serjeant Best, she said she became acquainted with Mr. Wardle the last autumn. It was in consequence of a letter she received from the Exchequer Coffee-house, from one M'Callum. Colonel Wardle introduced himself. She was rather fearful of doing what Wardle wished her to do on the first interview, as he was so little known, and had been but a short time in parliament. He came about one o'clock, and staid until her dinner hour (six); during the whole of which time, as she afterwards understood, Major Dodd was walking in the street. Col. Wardle afterwards introduced maj. Dodd, whose name she knew before. It was about the end of November. She went out of town for three or four days with col. Wardle, maj. Dodd, and Mr. Glenney, whom she understood to be an officer of engineers. They visited the Martello Towers on the coast. She was at that time in distress circumstances, and before she could get out she was 50l. of col. Wardle to pay her butcher and other trifling bills. At that time she had several friends about her, and col. Wardle was afraid they would persuade her not to give the evidence he wanted, and therefore he took her out of the way. She had made many applications for money, and he always complained of wanting money himself; but he was obliged to find it for her, and let her have sums continually, which he called lending to her.—Q. Were they to be repaid? A. No; I never understood or intended them to be repaid. She had lately called for a small sum of money, the colonel said, wait was settled in their negotiation what she was to have, he would send her a small sum, and the same day he sent her a draft upon a banker (Marsh, Sishold,

and Co.) drawn by one Scott, an army clothing contractor, in the cause of the plaintiff. She explained that her negotiation it was agreed what she should have, that in case it was asked her by the house of Commons, whether she did not give her evidence under the hope of future reward, she might say no. The Serjeant asked her whether she had not quarrelled with Mr. Wardle. She said she had not, but Mr. Wardle had not visited her for months; why, she did not know.
Daniel Wright, brother to the plaintiff, corroborated the chief points in Mrs. Clarke's evidence.
Mr. Serjeant Best then addressed the jury for the defendant, and argued, that the credit was originally given to Mrs. Clarke, and that she had shifted it upon the defendant. The learned Serjeant discredited the testimony of Mrs. Clarke, whom, if according to the learned attorney general, the defendant ought to be the last person to disbelieve, the learned attorney general ought to be the last to believe; and considered Mr. Daniel Wright as evidently leaning towards his brother's interests. The learned Serjeant could not call major Dodd, because he was quite ignorant what story Mrs. Clarke would invent, and whom she would select for partners in it.
Lord Ellenborough recapitulated and commented upon the evidence with great clearness; and said, that the present case did not come within the statute of frauds; for here, if the two witnesses were to be believed, the defendant was the only person who ordered the goods. The charges for work which the defendant did not order, and which was performed before his orders were issued, the defendant could not be liable for. The noble and learned judge also pointed out the only variation between the testimony of Mrs. Clarke and Daniel Wright, the former of whom stated, that the goods sent on hire were returned, and the latter, that they were made goods sold, as the fact was.
The jury, after consulting for a considerable time, found a verdict for the plaintiff, damages to the amount of his bill, deducting the charges for work done before the defendant's orders, and two hundred pounds for the goods sent on hire.
Colonel Wardle. —The trial which took place on Monday, in the Court of King's Bench, has produced the following letter from Mr. Wardle, addressed to the People of the United Kingdom :—“Honoured, as my parliamentary conduct has been, by the approbation of my countrymen, I feel myself called upon, in consequence of an event that yesterday took place, immediately to address, immediately to address you, and that in vindication of my character, rendered open to attack from the verdict of the Jury upon the evidence of Mrs. Clarke and Mr. Wright, the brother of her upholsterer, in a cause in which I was defendant, in the Court of King's Bench. The detail of the evidence the public prints will afford. It is with me to state, that my counsel, satisfied in their own minds that the jury would not, upon such evidence as had been given by the plaintiff's brother and Mrs. Clarke, alone, find a verdict against me, did not comply with my earnest entreaty (repeated to them in writing during the trial in the strongest terms), that major Dodd, Mr. Glencoe, and other respectable witnesses, subpoenaed by the plaintiff and myself, might be examined, as I knew their testimony would be founded in truth, and be in direct contradiction to what had been sworn against me. Under such circumstances the verdict was obtained. There only remains for me now, before my God and my Country, to declare, that it was obtained by perjury alone : and I do pledge myself to prove that fact, the earliest moment the forms of the law will allow me to do so. Anxiously, therefore, do I look forward to that period; and I trust that, till then , the public will suspend their judgment upon the case. With sentiments of the deepest gratitude and respect, I remain your ever faithfully devoted servant, G. L. WARDLE.”
James Steel, July 4.
July 7. The battle of Raab, which the French claimed as a victory, proves by the receipt of the following bulletin of the royal Austrian army, to have been a defeat; and that Dalmatia is again in possession of the Austrians, together with Fiume:
WOLKENSDORF, June 18. “On the 15th inst. the corps under the command of his imperial and royal highness the archduke John, composed of about 20,000 troops of the line, and 16,000 of the Hungarian insurrection, were, in the environs of Raab, vigorously attacked by the French army, estimated at 50,000 men. The troops of the line fought the whole day with the greatest success, and the enemy suffered a loss of 2000 men in killed and wounded. But as the right wing, consisting for the most part of the insurrection, that could not be expected to possess the courage of veteran troops, was no match for the enemy, his imperial and royal highness thought it most proper for the attainment of his object to fall back to a position near Comorn, and thereby to secure and facilitate his junction with the main army. But this has caused no material change in the positions of the imperial and royal army; and the archduke John praises highly the excellent disposition and patriotic alacrity of the troops of the Hungarian insurrection.—The imperial and royal troops suffered in this engagement a loss of 1300 men in killed, wounded, and some few prisoners. About 400 Frenchmen were made prisoners by the Austrians. The enemy, so far from pursuing the Austrian troops, again retreated behind the Raab. Dalmatia is again in possession of the imperial and royal troops. The enemy has been obliged to abandon Long and Fiume, as well as the islands along the Dalmatian coast. General Marmont retreated in such haste, that the Austrians made a number of prisoners. In the hospitals, too, the enemy left a number of wounded, among whom are three French generals, and one of them Lounay. Trieste must by this time be delivered from enemies. The English on the one hand, and the Turks on the other, make common cause with the Austrian troops. The enemy's corps under general Marmont is reduced to six thousand, and is posted at present between Laybach and Klagenfurth. But general count Giulay is again master of the county of Cilley, and immediately communicates with general Chasteler. The Austrian troops have extended themselves from the southern Tyrol, as far as Verona and Bassano.”
Buenos Ayres. —A merchant vessel, called the Margaret, capt. Burns, is arrived at Liverpool from Rio de Janeiro. She sailed on the 28th of April, and has brought letters from Buenos Ayres to the 29th of March. By this conveyance the following proclamation has been received, which was issued by Liniers on the 13th of that month:
PROCLAMATION OF DON SANTIAGO LINIERS, Viceroy, Governor and Captain-General of the Provinces of the Rio de la Plata, and their Dependencies, Knight of the order of St. Juan, &c. “The genius of discord accumulates his acts of fury; but his fleeting triumphs have already ceased to exist; and he perceived with shame and rage, that his hopes must yield to the valour of the Spaniards. Wavering between guilt and despair, he multiplies in vain his seductive arts to shake the fidelity, and humble the dignity of the Spanish American provinces. His criminal calculations, and ceaseless clash of falsehood and truth, from the weak supports of those papers, and lying rumours spread by the infamous satellites of Napoleon.”
“I would condense to a single sentence those false
reports, although the circumstances with which they abound, prove sufficiently that they spring from ignorance and partiality, were I not addressing the people to whom it is that which I have the honour to command, and did not the unconnected relation of the successes of the enemy, although described in their usual inflated style, compared with the intelligence which we have received, and to which we may give credit, show beyond all doubt, the reality of our victories, and that Buonaparte and his satellites are hastening to the tomb. A thinking man bears with contempt of the entrance of the French at Madrid, because he well knows that it will only serve to lengthen the list of our triumphs. What advantage can they reap from their penetrating into the heart of a nation where they cannot subsist, and where they have no other alternative than to fall victims to hunger, or surrender to our troops, by whom they are surrounded? Let us recollect then when, during the war of Succession, the enemy entered Madrid, it proved their ruin. Spain now contends with a single foe; then, without foreign assistance, or any other forces but its own, it caused Europe, whose powerful kingdoms had sworn its ruin, to tremble.—The numerous armies which then entered Spain in every direction to take possession of Madrid, and the greater part of the Peninsula, were completely routed and conquered.”
“At this moment, when our forces and our resources are infinitely superior, what ought we not to hope from our tried and intrepid warriors? What impression ought the miserable and ephemeral success of the French at Madrid to produce on our minds? Before the middle of last January, it has undoubtedly passed away like smoke. The bent which the political affairs of Europe has taken, and the influence of the cabinet of St. James's over all the world, give us well founded hopes that Austria has broken off its diplomatic relations with France, whose frontiers are threatened by a formidable army. The Turks have openly resumed hostilities against the Russians. England has sent her fleets and armies, and transmitted her energy to Naples and to Holland. In a word all the kingdoms rise from their lethargic slumbers, and the last victories of our armies are the harbingers of liberty to Europe. Our whole nation is united under the protection of a wise and regular government. The Spanish and the British empires have calculated their forces and real power, and five and twenty millions of souls shall never yield to the sophistry of an imposter. This is the true state of things, which will perpetuate the honour and the glory of the Spanish name and its immortal allies.”
Buenos Ayres, March 15, 1809.
July 8—(evening). A Gottenburgh mail arrived this morning. Letters had been received there, stating, that the Austrians had been victorious in every quarter; that they were masters of Saxony and Franconia, and that the duke of Brunswick had surrounded Magdeburgh.
The Entreprenante is arrived at Plymouth with dispatches from Lisbon, which she left on the 27th ult. Sir A. Wellesley was said to be at Thomar.
DUTCH DECREE, June 30.
Art. I. The list of articles allowed to be imported by the act of 31st March, shall be extended to the following:—Rice, staves, bark, and other drugs used in medicine; cottons, Georgi, Louisiana and Carolina; Java coffee and sugar, from our colonies.
II. Besides certificates of origin, required by our former act, the Director of the Board of Trade shall appoint seven brokers to examine the goods, to ascertain if they are really the produce of our colonies, or of the United States, and for the better means of examination, all goods be unladen in the royal stores. III. A month from the date hereof, our director of the board of trade shall report to us, if it is advisable to permit the continuation of these measures.
IV. American vessels arriving within three months from the date hereof and those already in port, shall not be subject to the blockade decree, provided the same shall not have been in England, nor been visited by the enemy. All captains shall make declaration conformable to this article, and in case of prevarication, ship and cargo to be confiscated.
V. For as much as the cargoes appear to be conformable to our afore-mentioned articles, the same shall be placed at the disposal of the proprietors or consignees; the sequestered goods that remain in the royal stores to be disposed of according to law.
LONDON GAZETTE OF SATURDAY NIGHT.
Admiralty Office, July 8, 1809. The following particulars relative to the evacuation of Corunna and Ferrol by the French, are contained in a series of letters from capt. Hotham, of the Defiance, to admiral lord Gambier, dated from the 22d to the 30th of last month.
In consequence of the defeat of the French army under marshal Ney, in the action against the Spanish forces at the bridge of the Payo, that general fell back on Corunna on the 16th inst. and immediately prepared to relinquish that place and Ferrol, removing his forces by divisions to an encampment three leagues in advance from Betanzos towards Lugo. The last divisions of the French left Ferrol on the 21st and Corunna on the 22d, after having in both places spiked the guns, and destroyed the defences on the land side, together with the magazines and stores of every kind, and completely disarmed the places and their inhabitants.
On the 28th capt. Hotham entered the port of Corunna, where he was informed by the governor that he had received instructions from the marquis de la Romana, dated at Orense on the 27th, to proclaim his catholic majesty Ferdinand the seventh, with advice that he had despatched a regiment from his army to attend the ceremony and garrison the place; the governor at the same time gave capt. Hotham assurances that the port was from that hour to be considered under the control and authority of the lawful king of Spain; and the captain placed himself, and every assistance that the ships under his orders might be able to afford, at the governor's disposal.
On the 29th, major general the Conde de Norone, captain general of Galicia arrived at Corunna from St. Jago, and was followed on the next day by general Carrera with about 11,000 men, forming the Conde's division of the marquis of Romana's army.
The French army under marshal Ney, moved from its camp near Betanzos on the 22d, taking the road to Lugo and Astorga. It was reported that, previously to its breaking up the camp, it destroyed its baggage and heavy artillery.
On the 27th the marquis de la Romana was stated to be at Orense with general Mahi and 30,000 men. Marshal Soule's position on the 16th was said to have been at Monforte and Quiroga.
[A letter from George McKinley, Esq., captain of his majesty's ship Lively , to the hon. W. W. Pole, dated Vigo, June 2, encloses a copy of a letter he had received from brigadier general Carrera, commanding a division of loyal Spanish troops, giving an account of his taking from the French the city of St. Jago Compostella. The loss of the Spaniards was trifling.]
LONDON, Saturday Evening. This morning French and Dutch papers, the former to the 1st, the latter to the 5th inst., were received. They contain the 21st bulletin of the French army, which is dated Vienna, June 22d. It does not appear that, up to that time, any more fighting had taken place on the Danube. This bulletin does not appear to have been printed with the intention of
communicating any fresh intelligence, but merely for the purpose of announcing some statements in the Austrian bulletins, and of informing the people of France and of Germany, that at the commencement of the campaign Austria had 400,000 men in arms, and that in the different battles which have been fought, the Austrians have lost 100,000 in killed, and 100,000 in prisoners! In addition to this, we can state, that a letter from Paris, of the date of the 1st inst., containing an extract of one from Vienna, of the 24th ult. has also been received; and that, to the latter date, the same inactivity continued. The other contents of this bulletin relate to incidents in the battles of the 21st and 22d, and to the force of the Austrians on those days.
The most material article in these papers is from Dusseldorf, which states, “that the military movements of the grand armies are on the point of being recommenced. The emperor is merely waiting the arrival of 50,000 Russians, who are approaching Vienna by forced marches to strike a decisive blow.”
Murat has been charged by Buonaparte with the duty of taking possession of the Papal States, and he has left Naples for that purpose.
The Dutch papers mention one important circumstance—the actual sailing of the British expedition, which has been for some time expected to leave Sicily. It is confessed, in a letter from Italy, that this expedition had created great alarm, as it passed the Neapolitan coast on the 14th ult.
Disturbances have broken out between the French and Dutch troops at Flushing, and about the end of last month a sanguinary battle was fought between them, in which a number were killed on both sides. The national animosity which at all times exists between the French and Dutch soldiers was on this occasion increased by the former claiming a sort of superiority at Flushing, in consequence of the late incorporation of that part and its territory with France.
A Gottenburgh mail is arrived: the most prominent article received by it, is a letter from Carlsham, of the date of June 22d, which states as follows:
“We have received information here by way of Danzick and Colberg, that a revolution had taken place at St. Petersburg, that the emperor was dethroned, and his mother had taken the reins of government for the present, and that Woronzow and his party had been massacred.”
The letter proceeds to observe, that implicit confidence is not to be placed in this statement, though such an event is considered very likely to happen, from the general discontent which had lately been manifested throughout Russia.
Dispatches from sir Arthur Wellesley, have been received at the secretary of state's office, this day. Their contents are interesting, tho' no new engagement has occurred. A plan of operations had been arranged between sir Arthur, general Cuesta, and gen. Beresford, according to which, the first object is to attack Victor's army; the second to march to Madrid; and from thence northward so as to expel the enemy entirely from Spain.
By the mail from Malta we learn that an expedition was in preparation in the island of Sicily, to make an attack upon some part of the Italian continent. Accounts have been received by this mail from Smyrna of the 20th May, and from Constantinople to the 21st of April. The Grand Selgnior is reported to be determined to carry on the war with vigour against the Russians, and was making great preparations for that purpose.
Plymouth, July 10.
Came in, from the coast of Spain, Corunna, and Ferrol, the Goldfinch of 14 guns, capt. Skinner.—She brought over capt. Rudd, of the Indefatigable, passenger, with dispatches of great importance to the cause of Spain, no less than the total defeat of marshal Ney's army, near Corunna, by the marquis de Romana, in which Ney lost 700 cavalry and 3000 infantry, in killed, wounded and prisoners, and had evacuated Corunna and Ferrol (which ports were again in open), and were retreating towards the frontiers, pursued by Romana with 18,000 troops, in good order and discipline. The Spaniards succeeded in blowing up a bridge near Corunna, by which a great number of Frenchmen were blown up and drowned.
Came in the Codorus of 18, from Vigo. Captain Winter landed at Falmouth with dispatches, and went off to London express. It is said that sir Arthur Wellesley was in full pursuit of Victor's army, of which he may soon hope to have a good account. It appears from all quarters, that Soult, Ney, and Victor, were trying to get out of Spain as fast as possible.
From the Herald of this Morning.
LONDON, July 11.
We have authority to state that the Austrian official account of the battle of Aspern will appear in a supplement to the Gazette of this evening. It consists of three sheets, and takes up the events of the war at the period of the battle of Aspern and the capture of Ratisbon by the Austrians—gives an account of the capture of Vienna, and follows the march of the archduke to the position where the battle was fought. It then gives the archduke's plan of the attack—states the Austrian force at 75,000 men—gives details of the battle of the 21st May, which it closes in the following manner:—“For the first time Napoleon has sustained a defeat in Germany. The charm of his invincibility was dissolved. No longer the spoiled Child of Fortune ; by posterity he will be characterised as the spite of the fickle Goddess .”
It then proceeds to give a narrative of the battle of the 22d May—17,000 French muskets and 3000 cuirasses were taken. The Austrians had 87 superior officers and 4190 subalterns and privates killed—663 officers, and 15,687 privates wounded. On the part of the French, 7000 were buried in the field of battle, and 5000 are wounded in the Austrian hospitals—In Vienna and the suburbs there are 29,762 wounded—2300 were taken; hundreds of corpses have floated down the Danube.
The account of the second battle closes in the following terms:—“Thus terminated a conflict of two days—it was decisive for the glory of the Austrian arms, for the preservation of the monarchy, and for the correction of public opinion.”
The prisoners taken on board a Dutch prize, sent into Dover by the Tiger revenue cutter, state that it was universally believed at Flushing, when they sailed, that another great battle had been fought upon the Danube on the 26th ult., which terminated in the defeat of the French army, with the loss of 50,000 men, 10,000 of whom belonged to Buonaparte's guards. The same persons also state, that there were lying at Flushing three men of war, full of troops, waiting for a favourable opportunity to put to sea, in consequence of which, a squadron sailed immediately from Deal for that part of the Dutch coast; that it was understood 20,000 Prussians were on their march to co-operate with the Austrian army; and that the greatest possible discontent prevailed in Holland, in consequence of the severity of the conscription law. Reports are also stated to have been circulated at Flushing of the assassination of Ferdinand VII. We know not what degree of credit to attach to these statements.
July 12. Orders were received at the custom-house this morning for a general embargo to be laid in immediately. The expedition will sail in two or three days.
We received some Gottenburgh papers this morning,
which contain a bulletin from the Austrian headquarters dated at the camp near Ratisbon, on the 21st inst., in the usual style. It does not mention any loss, but states a new fact of much importance.
For some time past another of the Russian partisans, and Sermer, who had advanced into Westphalia and Dutch territory, and had been in Saxony, threatening to drive them in a few days out of Saxony, has been checked in his presumptuous boasting, and been himself beaten. This we infer from an article in the second edition of the Berlin gazette of 14th ult.—he would not dare have ordered all the baggage in his rear to return to Magdeburgh, nor send in such haste to Coblentz for all the disposable troops to be put in motion. A victory over Sermer, Buonaparte will be important, inasmuch as it will enable the Austrians to advance about the time when great events were to take place in Hanover and Hesse. The following is the article to which we have alluded:
Extract from a second edition of the Berlin Court Gazette of the 1st July, 1809, which has been printed later than those forwarded by the Hamburg mail.
“At this moment, the 1st of July at three o'clock in the afternoon, we received the following intelligence:
Extract of a letter from Leipzig, June 29. “The Westphalian troops which arrived here, marched on the 27th in pursuit of the Austrians; the king himself followed them on the 28th, and promised to clear Saxony of the Austrians in a few days.”
“According to accounts received from Dresden of the 29th, the Austrian army having received reinforcements of five thousand cavalry, which made their force 26,000 men, has taken post at Keilzenhausen, in the environs of Meissen, expecting the enemy.”
“The Austrian army is provided with a train of 50 pieces of cannon, and is commanded by general Kummerer.”
“This moment a courier from the Westphalian army has passed through here, to order all baggage he finds on the road to return to Magdeburgh; he is also to proceed to Cassel to order all the disposable troops to put themselves immediately in motion.”
“Since yesterday afternoon it is said the roar of cannon has been heard.”
Extract of a letter from Capt. Currie, of the Ruby, dated Hoylake, July 7, to a mercantile house in Liverpool.
“Gentlemen—I left Palermo on the 1st ult., honoured with the charge of dispatches from lord Amherst, British minister plenipotentiary, and gen. Sir John Stewart, whom I left at Melazzo, embarking an army of 23,000 men, British and Sicilians, under his command, destined to attack Naples, and which were intended to sail three days after my departure.”
BANES OF THE ELBE, June 30. “Nothing decisive has as yet arrived from the great theatre of war; but according to all accounts, the bridges over the Danube were finished on the 17th, and great reinforcements had reached the French army. Napoleon had also finished all the preparations and dispositions for a grand and decisive attack on the hereditary archduke Charles, and his valiant army, who were also prepared to receive him.”
“The victory which the French boast to have obtained over the archduke John, by their Italian army, and the occupation of Raab, were mere ephemeral successes, as intelligence has been officially received of a much later date at Prague, stating that the archduke had retaken the position on the Raab, and the French are said to have retreated before him.”
“According to private letters from Austria, the duke of Ragusa's army has been defeated and totally dispersed in the confines of Hungary, and no more than 6000 men are said to remain of it. By the same channel it is said, that a combined British and Turkish naval and military force has retaken Trieste and Fiume, and conquered the greatest part of Dalmatia.”
“The presence of a British army in H. lower would be a great diversion in favour of Austria; many of the inhabitants would join, particularly as the conscription of France will soon be introduced.”
LEIPZIG, June 30. This day about noon the king of Westphalia arrived in this city, and advanced with the whole of his suite to the neighbourhood of Dresden. Before his departure, he was waited on by a deputation of the university. His majesty issued here the following
ORDER OF THE DAY.
“Soldiers! the rapidity of our march, and the perfect combination of our movements, have had the same effect on the enemy as if he had lost a battle.”
“Only the day before yesterday he insulted our allies, and threatened nothing less than fire and destruction to our towns and villages. To-day he flies full of terror before us. He has scarcely been able to bear the look of our advanced posts.”
“He occupied eight days in advancing from Dresden to Leipzig, and has obtained no advantage except discovering that it requires only two days to arrive from Leipzig to Dresden.”
“He believed us still on the banks of the Fulda, while we were on the Saal. He did not suppose, it seems, that we would encounter either fatigue or danger, even when it was necessary to hasten to our worthy ally the king of Saxony.”
“Soldiers! you have obtained a right to the friendship of the brave Saxons, and you may in a similar case reckon on their assistance with the same noble confidence as they have relied on you.”
JEROME NAPOLEON. Royal Westphalian head-quarters, Leipzig, June 26, 1809. Chief of the Staff, REDELL.
Gazette Marine Memoranda.
ARRIVED.
Sch's Eliza & Betsey , Patterson, 32 days from Boston. Sch's Relief , Bearse, 8 days from Boston. The Pallas , from this port, has arrived at Amsterdam.
PORT OF NORFOLK AND PORTSMOUTH.
CUSTOM-HOUSE—ESTERED.
Brig Sampson , Mason, 14 days from Boston. Sch's Eliza & Betsey , Patterson, 14 days from Boston. Relief , Bearse, 14 days from Boston. Delight , Faller, 14 days from Boston.
CLEARED.
Brig Andrewscott , Corrao, 14 days from Boston. Galle Julian , Fawley, 14 days from Boston. Sloop Venus , Boush, 14 days from Boston. Eliza , Pratt, 14 days from Boston. Phoebe , Kelly, 14 days from Boston.
FOR SALE.
50 MASTS, of different sizes. 10,000 feet GARS. 100 dozen HANDSPIKES. Pine, Mahogany, &c.
Apply to
FIVE or SIX GENTLEMEN.
Can be seen at the house of one of the gentlemen, No. 10, King Street, near the Theatre. Apply to the House.
August 14.