Norfolk gazette and publick ledger (Norfolk [Va.]), 1809-05-03 00:00:00

NORFOLK GAZETTE AND PUBLICK LEDGER.  SINT HIC ETIAM SUA PRÆMIA LAUDIS
[VOL. V.
WEDNESDAY EVENING, MAY 3, 1809.
NO. 115.
For Liverpool, The British Letter of Marque Ship AURORA, Burthen 500 hogsheds tobacco, John Smith, master, mounts 16 guns and carries men in proportion, coppered, and a remarkable fast sailer; will be ready to depart from hence soon as the intercourse with Great-Britain is resumed. For freight, apply to C. & F. Whittle. April 25.
For Freight or Charter, The Schooner UNION, Capt. Sibby, burthen 120 tons. Apply to the master, or Christopher Fry, Who has for Sale on board said vessel, 320 casks STONE LIME, 30,000 feet Boards, and 600,000 inches Spsrs. April 26.
For Freight or Charter, The Ship FACTOR, Capt. Reynolds, burthen 291 tons. The Ship ALPHEUS, Captain Sisson, 187 tons, both on their second voyages. The Sloop CONNECTICUT, Capt. Appleby, burthen 70 tons.
For Sale or Charter, The Sloop MARIA, Capt. Mathewson, burthen 50 tons; good vessel, and ready for the reception of cargoes. Ap- ply to the respective masters on board, or Christopher Fry. Who offers for Sale, 14 casks STONE LIME, 10,000 HOOPS, and a box of WOOL HATS. April 26.
For Sale, Freight, or Charter, The Ship BRUTUS, John Bunce, master, burthen 236 tons, sails fast, and carries a large cargo. ALSO, The Schooner PHOENIX, E. Greely, master, burthen 86 tons, a staunch good vessel. For terms apply to N. HERON. Who has for Sale on board the said Schooner at Marsden's Wharf, About 40,000 feet Pine Boards. April 21.
FOR SALE, A fine new Pilot-Boat SCHOONER, of 100 tons burthen, will finish rigging in a few days. ALSO, The HULL and SPARS, of one about the same size, of similar con- struction. ALSO, A full built SCHOONER, of 125 tons, or 1100 barrels; the above ves- sels now lying at Gorham's wharf. ALSO, A New Pilot-Boat SCHOONER, of 120 tons burthen, now on the stocks, will be launched in a week.
FOR SALE, A VESSEL, of 240 tons, of very superior materials and construction, building in Mathews, and can be launched in three weeks. For terms ap- ply to Wilson & Cunningham. March 6.
FOR CHARTER, THE BREMEN BARQUE PATRIOT GROENING, Mathias Probst, master, burthen about 300 tons, in very complete order and almost new. ALSO,
The Bremen Barque Bremen, John Conrad Dorman, master, burthen about 280 tons; both ready for a voyage. Apply to Niemeyer & Von Kapff. Who offer for Sale, 20 pieces of a superior quality RUSSIA CANVAS, 60 do. Stout German RAVENS DUCK, and 50 bags St. Domingo COFFEE. April 19.
For Sale, Freight, or Charter, THE COPPER BOTTOMED SHIP WOODROP SIMS, Thomas J. Haynes, master, burthen 420 hogsheds, now in complete order to receive a cargo. Apply to Shanks & Binford. April 4.
For Sale, or Freight to New-York, The fine new Pilot-built Brig PATRIOT, Richard Pitt, Master, burthen about 180 tons, now ready to receive a cargo. For terms apply to Wilson & Cunningham. February 23.
FOR CHARTER, The Fine Copper Bottomed Ship POCAHONTAS, Christopher Tompkins, Master: bur- then 590 tons or 400 hogsheds, ready for the reception of a cargo. Apply to Wilson & Cunningham.
Wanted, A fast-sailing VESSEL, of 230 to 280 hogsheds burthen. AND One of 250 hds. burthen. Apply to C. & F. Whittle. Who have for Sale, 600 barrels FLOUR. May 1.
For Charter, The copper bottomed fast-sailing Ship HAZARD, Captain Elderkin, burthen 234 tons, now ready to receive a cargo. Apply to the master on board, or Christopher Fry. Who has for Sale, 60 whole and 25 half barrels BEEF. May 1.
For Freight, The remarkable fine fast-sailing new Brig MARYLAND, Captain Hawes, burthen 135 tons, and will carry about 1000 barrels, now on her first voyage, and well calculated for flour or grain; will take a freight for Europe or the West- Indies, or any other place wanting. For terms apply to the master, or Martin Fisk.
WHO HAS 1000 bbls. choice fresh Alexandria FLOUR, A-boat, And 50 barrels No. 1 and 2 BEEF, this day landing from the Sloop Farmer, from Boston. May 1.
For Freight or Charter, The good Ship AUGUSTA, Capt. James Place, burthen 325 tons, now on her first voyage. Apply to the master, or Christopher Fry. April 28.
FOR CHARTER, The Ship General Colburn, burthen 250 tons—A fine new vessel. The Ship POCAHONTAS, Burthen 400 tons. AND The Ship ARIADNE, Burthen 330 tons—The two latter are also new vessels, and copper fastened. Moses Myers. March 30.
FOR CHARTER, The Ship BELL SAVAGE, Reuben Jones, master, now lying in Hamp- ton Roads, burthen 326 tons, will carry about 450 hds. to- bacco—This excellent Ship is in complete order, and can be ready to take on board a cargo very soon. ALSO, The Ship NANCY, William Noyes, master, burthen 190 tons, will carry about 200 hogsheds tobacco, or 1750 bbls. flour; this Ship is almost new, double decked, and in fine order. A cargo of grain or flour will be preferred. Apply to RICHARD BLOW. March 31.
For Sale by the Subscriber, 4000 barrels FLOUR, 1000 sacks Liverpool Salt; 2000 bushels do. 170 tiers Rice; 50 tons Logwood; 30 bbls. Whiskey, 10 bags Green Coffee; 27 kegs Snuff, 6 casks best half pint Tumblers and Goblets, 300 bushels Bran; 100 Bss Mats, 60,000 Rough Hogsheds and barrel Staves. A. Maclure. Who offers for Charter, The fine new Ship Justina, burthen 350 tons, now ready to receive a cargo. April 12.
For Sale, on our wharf, 15000 bushels blown SALT, principally afloat. 6000 ditto Coarse ditto, 300 sacks ditto Liverpool, filled, 136 bags St Domingo COFFEE, 7 hds. do. SUGAR, 44 bbls. do. do. 65 hds. St Kitt's SUGAR, 87 bbls. do. do. 56 hds. do. MOLASSES, 52 hds. Jamaica COFFEE, 24 do. do. SUGAR, 121 bags PIMENTO, 380 boxes brown Havana SUGARS, 23 bags do. COFFEE, 27000 feet MAHOGANY, 5 ton LOGWOOD, 3 do. BRAZELETTTO, 100 half crates QUEEN'S-WARE, well assorted. 10 hds. Havana MOLASSES, 10 pipes L. P. MADEIRA, 20 cases superior CLARET, 5 puncheons old Jamaica RUM. Domestic. 1000 hogsheds TOBACCO, 100 barrels PORK, 100 do. TAR, 100 do. PITCH, 200 do. Superfine FLOUR, 50 do. WHISKEY, UPLAND COTTON. C. & F. Whittle, Who offer for Charter, The Ship ELIZA, burthen 420 hogsheds Tobacco. March 16.
FOR SALE, 40 Sacks JUNIPER BERRIES. James Young.
Boot and Shoe Manufactory.
SAMUEL COLEMAN, Opposite the Market, (westward) has received by captain Lewis, on Monday last from Philadelphia, a large quan- tity of the best Boot Legs, Vamps, Tops, &c. that has (probably) ever been in Norfolk.
With the Philadelphia Upper Leather for Boots—the choice of Sole and other Leather here—good workmanship —great attention—no disappointment—a regular bred fore- man—and a tolerable supervisor—He has already furnish- ed and will continue to furnish, better Boots and Shoes and better treatment to customers than has been rendered here by any person in this way; on these conditions only he expects custom. He has now from Baltimore, &c. three good HANDS for Ladies' Work, and a good flock of KID and MOROCCO; all the materials and workmanship shall be good, or an al- lowance made for that which is not; but the greatly en- creased price of all the materials, and the high price of la- bour in this way, will not admit of the Shoes being sold at the price of the run-work, generally offered for sale here. He is now getting almost all kinds of Boots & Shoes made. The advantage of getting Boots & Shoes made in the place of good materials and workmanship, where the responsibility of the manufacturer is bound, is too obvious not to be seen except by those who have eyes and will not see. He has on hand a large assortment of Boots, where gen- tlemen may be fitted at any time, with a certainty of get- ting such as are good, as he has no run work done, and a large assortment of Shoes of nearly all kinds. His terms are cash only.
A LEASE For the eligible PROPERTY he now occupies is to be disposed of—it has about three and an half years to run. April 15.
For Sale by B. REYNOLDS, 25 barrels New-England RUM 25 boxes Mould Candles; 10 boxes Table Fish, 12 do. Mustard; 12 kegs Snuff, 10 do. Cotton Cards, 50 casks Nails and Spikes, assorted sizes, 5 bundles Spades, 2000 gallons Stone Jugs and Butter Pots, assorted sizes, 5 hogsheds and 6 crates Earthenware. April 26.
WANTED, Rough Oak bbl. and hhd. STAVES, of the best quality, for which Cash will be given, Robert Maitland. April 26.
Norfolk & Portsmouth Jockey Club RACES, Over the New Ditched-in Course, will commence on WEDNESDAY, the 7th of June, free for any Horse, &c.—New-Market Rules. First Day. A Purse of 400 Dollars—Four Mile Heats. Second Day. A Sweepstake for 3 year old Colts and Fillies, carrying 86 pounds on each—two mile heats—entrance 50 dollars, to be made with the proprietor of the course personally, or by let- ter, and four to make a race. No Colt will be permitted to enter in this Sweepstake after the 20th May, 1809, at which period it closes—half forfeit—There are three or four expect- ed to enter at this Race. Third Day. The Proprietor's Purse of 200 Dollars—two mile heats— 10 dollars entrance. Good Stables and Litter near the ground found gratis, and every kind of Forage at the lowest price. The ground is considerably improved since the fall, and is equal to any course on the continent. Racers and their Horses will be free of toll. Entrance to be made with the Treasurer at the Exchange, in the usual way. The Treasurer. April 21.
FOR SALE, The CARGO of the Schooner Havana, from Havana—Consisting of 50 hogsheds MOLASSES, 50 do. prime Muscovado 60 boxes White 80 do. Brown 40 bags GREEN COFFEE. SUGARS, Moses Myers. April 19.
FOR SALE, 70 tiers } RICE, 25 half do. } 25 bales UPLAND COTTON—By George Raincock. April 12.
Niemeyer and Von Kapff, Offer for Sale at their Ware-House, in Water-Street, for Cash or approved Paper only, the following GERMAN LINENS, 650 pieces SACKING, 35 pieces SHIRT LINEN, 400 do. OZNABURGS and 45 do. SHEETING, TICKLENBURGS, 70 do. TABLE CLOTHS, 430 do. WHITE ROLLS, 80 do. BED TICKING, 80 do. HESSIAN do. 65 do. STOUT RAVENS 30 do. fine PLATILLAS, DUCK. ALSO, 11,000 BAGS of different sizes and qualities. 110 boxes Spanish SEGARS, TUMBLERS, 40 do. Crown GLASS, 160 dozen half pint DECAN- 130 do. English PIPES, TERS, 5 gross empty BOTTLES, 120 dozen WINE GLASSES 600 do. CORKS, 100 pair WAFFLE IRONS, 100 wt. Bottling WIRE, 350 pieces PAPER HANG- 20 gross Cowskin WHIPS, ING, 600 wt. GLUE, 100 pieces OIL CLOTH, 100 wt. Oznaburg THREAD, 4 cases PORT WINE. And at their Store in Main-Street, Looking Glasses, Glassware, Cutlery, and fancy Articles. We will take in barter, about 25,000 wt. of Green Coffee. March 29.
SPANISH HIDES. One Thousand SPANISH HIDES.—For Sale, by Wm. Plume, & Co.
I have this day taken into Copart- nership my eldest Son, and shall in future transact business under the firm of MOSES MYERS & SON. Moses Myers. May 1.
NOTICE. The Copartnership of KID & OWEN, is by mutual consent dissolved, SAMUEL KIDD is autho- rised to settle the business of said firm in Norfolk. Samuel Kidd, Richard H. Owen. SAMUEL KIDD, Has just received by Ferguson's Packet, a fresh supply of SPRING GOODS,
Consisting of Elegant Plain and Worked Muslins; Cotton Cambric; Back do.; Shirting Cotton; Dimities of a su- perior quality to any perhaps ever seen in Norfolk; very low priced Irish Linens; one case Cotton Hosiery assorted; Ladies' Silk do.; one case Cotton Umrellas; Plain and fi- nished Leno; Sewing Cotton and Silk, and a variety of other articles, which he will sell very cheap, for cash. N. B. A few chests Imperial, Hyson, and Young Hyson TEA of the best quality and latest importation, for sale by retail. April 15.
NOTICE. By mutual consent this day dissolves the copartnership of JOHN R. WADDEY, & CO. John R. Waddey is authorised to pay and receive the debts of the concern, to whom all persons having claims are de- sired to apply for payment; and those indebted, to close their accounts either by payment, note, or bond—no indul- gence can be given but on specialities. James Lyon, John R. Waddey. Northampton Court House, Eastern Shore, 31st March, 1809 JOHN R. WADDEY Will continue the business. Im
RUSSIA and RAVENS DUCK of the very first quality, for Sale by C. & F. Whittle. April 15.
SPRING GOODS. WOOD AND HASTINGS, Have just received a small supply of SEASONA- BLE GOODS, among which are, 4-4 Irish LINENS, part extra fine, 4-4 and 5-4 Cotton Cambricks, 7-8 and 4-4 Cotton Shirting, Superfine and common Calicoes, Ginghams; Madrass 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, & Boad Cloths; middling and common do. One case Gentlemens' Silk Plush Hats. The above with our Goods on hand, comprise a very hand- some assortment, and will be sold at low prices for Cash only. April 7.
Carolina PORK and LARD. 350 barrels of PORK, and 100 kegs of Lard—Just received and for Sale by Richard & John Taylor. April 19.
Green Coffee and Loaf Sugar. 20,000 lb. choice Green COFFEE, 8,000 do. first quality Philadelphia Loaf SUGAR. For Sale on reasonable terms by Donaldson, Thorburn, & Co. March 22.
LANDING On Southgate and Dickson's wharf, the CARGO of the British brig Alert, 123 punch's choice Grenada RUM. For Sale by William Dickson. April 4.
Wanted by the Subscribers, A quantity of OAK BARK, for which the following prices will be given, delivered at their Tan-Yard. For Spanish Oak, $ 12 per cord, Willow, do. 11 Red, do. 10 Young White, do. 8 William Plume, & Co. April 7.
Just Received, A parcel of very superior Muscovado SUGAR and best GREEN COFFEE, A few boxes Havana brown SUGAR, and 150 barrels WHISKEY—For Sale by Wilson & Cunningham. March 31.
Twenty Dollars For the apprehension of SAM, a negro man the property of the late Dr. Anthony T. Dixon, of Charles City, who broke prison in September last, and has been in Norfolk with a counterfeit pass, under the hand of his mis- tress, Ann Dixon; he has been seen in York and Hamp- ton, and in all probability is in one of these places. He is tall and slim, very black, stoops forward, and moves rapidly. John Tyler. Richmond, March 16.
Masters of Vessels and others con- cerned, (bound to Madeira or other of the Portuguese do- minions,) are notified it is requisite that Bills of Health and Certificates of Property should be countersigned by the Subscri- ber, who is duly authorized for that purpose. Robert Dickson.

THE PUBLICK LEDGER.
WEDNESDAY EVENING, MAY 3, 1809.
At a meeting of the Stockholders in the Marine Insurance Company of Norfolk on Monday last, the following gentlemen were elected Directors, viz:— Warren Ashley, James Herron, Moses Myers, Fortescue Whittle, James Dykes, John Southgate, James Thorburn, Robert Maitland, Conway Whittle, James Taylor, jr. Robert Dickson, Luke Wheeler, Alexander Wilson, John Granbery, and Wright Southgate.
John Granbery was re-elected President, and Thomas Willock a Director in the place of John Granbery.
John Cowper was re-elected Secretary.
At a meeting of the Stockholders in the Dismal Swamp Canal Company, William Cummack was elected President, and Luke Wheeler, Fortescue Whittle, Robert Maitland and Walter Heron, Directors.
The horizon becomes brighter, and "specks of war" disappear. We learn from good authority, that orders are issued from the navy department, to discontinue the equipment of the Gun-boats. Upon this occasion we congratulate the officers of the navy, whose prospects of advancing the interests of their country, or of acquiring glory for themselves, on board of these miserable sucklings of a naval force, must have been dreary indeed—We congratulate the people upon the saving of publick money, for every dollar expended upon this miserable system, may be considered as lost. "Shortest follies are best," and the sooner the expense is stopped the better. The loss will be great, but it would only be increased by perseverance.
When we have time we shall endeavour to lay before our readers an accurate statement of the enormous sums which have been wasted on this ridiculous system—we say wasted, because whatever has been expended, on that which never did, nor never can produce any benefit, must be considered as wasted. At a rough calculation we undertake to say that not less than four millions of dollars for building, equipping, manning and maintaining this gun-boat navy, have been expended. How many fine frigates, and sloops of war, could have been built and equipped for the same money;—and such vessels would have always been worth nearly their cost, whereas the gun-boats are not calculated to answer any purpose whatever, except for firewood when broken up, which we are certain will happen next winter. But before they pass into this last state, we think three correct models of one of the best of them should be made, one to be hung up in each hall of congress, and the other to be kept in the office of the navy department. Not as models of imitation, but as beacons are erected to warn the mariner of danger, we mean these models to be used as beacons to warn philosophical and whimsical statesmen of the mischiefs arising from the indulgence of their fancies, in opposition to common sense and reason; and if three correct plans of the dry docks can be obtained, they would be very good accompaniments for our gun-boat models.
We further rejoice in this additional evidence of a determination of our new administration to depart from the theories of the old, who (if it did not appear uncharitable so to think) we should think, designed to render a navy unpopular with the people, by wasting the "energies" of the nation upon such absurd means of offence and defence.
Another cause of felicitation is derived. The Secretary of the navy and the Superintendent at Washington, will no longer have any portion of their valuable time employed upon minor objects, but their undivided attention will be directed to the equipment of the frigates and other vessels, agreeable to the act of the last congress. We have been looking out daily, for the arrival in Hampton Roads of the United States Frigate, but we learn from Washington, that we must have a little more patience upon this subject. Our information however does not go to shew the cause of this delay, which we are unable to account for.
The act of congress passed some time in February, and it is probable that this frigate will not leave Washington before the first of next month. Really this is a great while for the equipment of one frigate, and the more so when we look into circumstances. First, her commander every one knows, is as remarkable for activity in the service as he is conspicuous for his gallant deeds in the defence of his country; many of his officers are also distinguished in the same way. We have not forgotten the case of the Chesapeake, after the attack upon her by the Leopard. She was a mere hulk, without mast or spar standing or even any prepared for her, in less than thirty days she was with all her masts and rigging in the most complete order.
The frigate United States, was the subject of a report to the House of Representatives in December, 1806, and although there appeared from that report, a great many obstacles in the way of her equipment at that time, we did think that they had been all overcome before this day. By the first of May, 1807, the superintendent (barring four contingencies) was of opinion that "the frigate would be in very high order." These contingencies were enumerated as follows: Mr. Simons was to bring masts from S. Carolina. Mr. Teale was to bring the "component parts" of the masts from the Eastern Shore. Mr. Fox was to be ready—and the copper was to arrive. We collect no further impediments to the equipment of this ship, than those now enumerated, and as she is still delayed, we are to suppose that some or all of them, yet exist. Having always been the friends and advocates of a navy, we are sorry to perceive any circumstance, which can increase the objections which but too many have to this system. And nothing will more likely contribute to increase these objections,
than the expense, which delays that are not unavoidable, will produce.
We certainly intend no offence to the Secretary of the navy, the superintendent at Washington, or to the Naval constructor at that place. Our duty to the publick, and our opinion of a navy without which we believe our country will not be respected, nor our commerce flourish, will not permit us to pass without notice, any circumstance, which may give cause of objection to the opposers of this system.—Our habits of life have afforded us opportunity of making some observation upon the fitment of ships, and from which, we are inclined to believe that there is a radical error, in selecting Washington for a place of naval equipment.
LAW INTELLIGENCE.
Chief Justice Tilghman's Opinion in Olmsted's Case. Commonwealth vs. Habeas Corpus to produce the body of Elizabeth Sergeant.
John Smith, Marshal of the United States for the District of Pennsylvania.
It appears by the return of the marshal to the habeas corpus in this case, that he arrested and detained Mrs. Sergeant, in obedience to a writ of attachment from the district court of the United States, issued by the judge of that court, in consequence of a peremptory mandamus from the Supreme Court of the United States. The sentence in the district court was founded on a libel filed by Gideon Olmsted and three others, against the said Elizabeth Sergeant and Esther Waters, surviving executrices of David Rittenhouse, deceased, for the purpose of carrying into effect a decree of the court of appeals, in admiralty cases, established by the congress of the United States, before the adoption of our federal constitution, or of the articles of confederation of 1st of March, 1781. This decree of the court of appeals has been the subject of long and unpleasant litigation, between the United States and the state of Pennsylvania. Strong feelings have been excited; opinions taken up in warmth have been supported with violence. Whatever decision, therefore, I may make on the points now brought before me, I must suppose that many persons will be displeased with it. But I should be unworthy of my station if I suffered myself to be influenced by that consideration. I have not flattered myself with the vain, I had almost said the guilty hope, of pleasing all men or all parties. I must endeavour to secure the approbation of my own conscience, and trust to Providence for the rest.
The facts which have been laid before me, are substantially as follows: On the 14th of September, 1778, Thomas Houston, commander of the state of Pennsylvania's brigantine of war "the Constitution," filed a libel as well for himself, his officers, mariners and seamen, as for the said state, against the British sloop, "the Active," and her cargo, in the court of admiralty of the state of Pennsylvania. On the 19th October, 1778, Gideon Olmsted and his three associates filed their claim in the same court, praying that Houston's bill might be dismissed, and the Active and her cargo condemned as prize for the sole benefit of the claimants. The cause was tried before judge Ross, who, in pursuance of the verdict of the jury, decreed that the Active and her cargo should be sold, and the proceeds distributed between the litigating parties, in the proportions mentioned in his decree. From this decree Olmsted and his associates appealed to the committee of appeals, appointed by congress, by their resolutions, in 1777. In December, 1778, the cause was brought before the court of appeals, who, on the 15th of that month, pronounced their definitive decree, by which they reversed the decree of the state in all its parts, and adjudged that the Active and her cargo should be condemned as prize for the sole use of the appellants. A certificate of this decree having been transmitted to the judge of the state court, he was of opinion that the court of appeals had no right to set aside the verdict of the jury, and therefore ordered the marshal to sell the Active and her cargo and bring the proceeds into his court, ready to abide his further order. On the 4th January, 1779, Matthew Clarkson, the marshal, brought into the state court 47,981. 2s. 3d. Pennsylvania currency, on account of the cargo of the Active, the vessel remaining unsold; and judge Ross signed an acknowledgment that the marshal had deposited that sum in his hands, as judge of the court. On the 4th January, 1779, the court of appeals issued their mandate to Matthew Clarkson, to detain the proceeds of the cargo in his own hands until their further order should be made known to him; to which mandate he made return, that he had paid the money to judge Ross, in obedience to his order.
Several proceedings and resolutions relative to this affair, appear on the journals of congress, and of the legislature of Pennsylvania, which it is unnecessary to mention. They differed in opinion, and the court of appeals, for the sake of peace, forbore to make any attempt to carry their decree into execution. The money brought into the state court was loaned to the United States, and certificates of the loan were issued. Judge Ross paid part of these certificates to David Rittenhouse, deceased, treasurer of the state of Pennsylvania, for the proportion of the prize adjudged to the state, and at the same time (1st May, 1779) Rittenhouse gave to Ross his bond in the penalty of 22,000, with condition that the same should be void if the said Rittenhouse should make repayment of the sum of 11,496. 9s. 9d. in case the said Ross should by due course of law be compelled to pay the same, according to the decree of the court of appeals, and if the said Rittenhouse should keep the said Ross fully indemnified, &c. In the condition of this bond, it is mentioned that the money was paid to Rittenhouse, treasurer of the state for the use of the state. It is declared, in the answer of Elizabeth Sergeant and Esther Waters to the bill of Olmsted, &c. that on the 21st of February, 1793, David Rittenhouse caused the said certificates to be funded "for the benefit of those who might eventually appear to be entitled to them, and received "in lieu, and on account thereof, and for the benefit and use aforesaid," three other certificates (particularly described in the answer) and that, after the death of the said David Rittenhouse, the said certificates, together with a large sum of money, received by the said David Rittenhouse, for interest on the same came to the hands of the said Elizabeth Sergeant and Esther Waters, his executrices; that sometime in the autumn of 1801, Abraham Carpenter, treasurer of Pennsylvania, called on the said Elizabeth Sergeant and Esther Waters, and required of them to deliver to him the said certificates, and the interest received on them, upon his giving them a bond of indemnity, which they refused to do, being advised that they could not do it with safety. On the 14th Jan. 1803, Richard Peters, judge of the district court of the United States, for the district of Pennsylvania, decreed that the said Elizabeth Sergeant and Esther Waters should transfer and deliver the said certificates, and pay the said interest, money to Olmsted, &c. (the libellants) upon the bond of indemnity, being cancelled and given up. On the 29th May, 1807, Elizabeth Sergeant and Esther Waters filed in the district court a suggestion that they had paid into the treasury of Pennsylvania the said certificates and interest money, in consequence of an act of the legislature of the said state, passed 2d April, 1803; they
further suggested, that the said certificates and money were received by their testator as the treasurer, and officer of the state; and therefore no process ought to issue against them, on the said decree; and that the said decree, so far as it respected the claims, rights and interests of the said state, was ex parte, and without jurisdiction.—The judge of the district court having delayed to issue process on his decree, a mandamus from the supreme court was received by him on the 15th March 1808, to which he made a return, 15th July, 1808, stating the reasons of his delay. At February term 1809, the supreme court issued a peremptory mandamus, in obedience to which judge Peters issued the attachment, by virtue of which Mrs. Sergeant is now held in confinement.
If I order Mrs. Sergeant to be discharged, it must be because the court of the United States has proceeded in a case in which it had no jurisdiction. If it had jurisdiction, I have no right to inquire into its judgment or interfere with its process. But the counsel of Olmsted have brought forward a preliminary question, whether I have a right to discharge the prisoner, even if I should be clearly of opinion, that the district court had no jurisdiction. I am aware of the magnitude of this question, and have given it the consideration it deserves. My opinion is, with great deference to those who may entertain different sentiments, that in the case supposed, I should have a right and it would be my duty to discharge the prisoner. This right flows from the nature of our federal constitution, which leaves to the several states absolute supremacy, in all cases in which it is not yielded to the United States. This sufficiently appears from the general scope and spirit of the instrument.
The United States have no power, legislative or judicial, except what is derived from the constitution. When these powers are clearly exceeded, the independence of the states, and the peace of the union demands that the state courts should, in cases brought properly before them, give redress. There is no law which forbids it, the oath of office exacts it, and if they do not, what course is to be taken? We must be reduced to the miserable extremity of opposing force to force, and arraying citizen against citizen; for it is vain to expect that the states will submit to manifest and flagrant usurpations, of power by the United States, if (which God forbid) they should ever attempt them. If congress should pass a bill of attainder, or lay a tax or duty upon articles exported from any state (from both which powers they are expressly excluded) such laws will be null and void, and all persons who acted under them would be subject to actions in the state courts. If a court of the United States should enter judgment against a state which refused to appear, in an action brought against it by a citizen of another state, or of a foreign state, such judgment would be void and all persons who acted under it would be trespassers.—These cases appear so plain, that they will hardly be disputed; it is only in considering doubtful cases, that our minds feel a difficulty in deciding; but, if in the plainest case that can be conceived, the state courts may declare a judgment to be void, the principle is established. But while I assert the power of state courts, I am deeply sensible, of the necessity of exercising it with the greatest discretion.—Woe to that judge who rashly or wantonly attempts to arrest the authority of the United States; let him reflect again and again, before he declares that a law or a judgment have no validity. The counsel for Mrs. Sergeant have, with great candour and propriety admitted, that when there is reasonable cause for a doubt, that doubt should be decisive, in favour of the judgment in question. The same principle has been adopted by the judges of the supreme court of the United States, and of our own state, when questions concerning the validity of laws, have come before them; and it has my hearty approbation.
Having disposed of the preliminary question, I will now consider of the point of jurisdiction.—If the district court had no jurisdiction, it must either be, on account of the subject of the suit, or the persons who were parties—I will examine them separately. The subject is a matter of prize, which arose before the adoption of the present constitution—By the 2d section of the 3d article of the constitution, the judicial power of the U. States, extends "to all cases of admiralty, and maritime jurisdiction." These expressions comprehend all cases which had arisen, or which should arise—and it was no doubt, the intent to comprehend them; because otherwise, all antecedent cases would have been left unprovided for. I believe this construction has universally prevailed, nor has it been questioned in the course of the argument in this case. It appears then, the subject of the libel, is directly within the jurisdiction of the court being a matter of admiralty jurisdiction. It is unnecessary for me to give any opinion concerning the right of the old court of appeals to reverse the decision of juries, contrary to the provisions of the act of assembly of Pennsylvania, under which the state court of admiralty was instituted.—That is the point which occasioned so much jealousy and heart-burning, between several of the states and the old congress, it divided the opinions of many men of unquestionable talents and integrity and certainly was a question of no small difficulty. But the state of Pennsylvania having ratified the present constitution, and thereby virtually invest the courts of the United States with power to decide this controversy. They have decided it, and being clearly within their jurisdiction, I am not at liberty to consider it as now open to discussion. The supreme court of the United States, has more than once decided, that the old court of appeals had the power to revise the verdicts of juries, notwithstanding the law of any state to the contrary. From the establishment of this principle, it irresistibly results, that Gideon Olmsted and his associates, were entitled to the whole proceeds of the Active and her cargo, and may pursue them into whatever hands they have fallen, unless indeed they have fallen into the hands of persons not subject to an action in the courts of the United States. This leads me to the question concerning the parties to the suit, the only question which has appeared to me to be of real difficulty, and which I was pleased to hear argued with great force and candor by the counsel for Mrs. Sergeant. It is declared by the 11th article of the amendments of the constitution, that "the judicial power of the United States, shall not be construed to extend to any suit in law or equity, commenced, or prosecuted against one of the United States, by citizens of another state, or by citizens or subjects of any foreign state." The record in this case, shews a suit between citizens of Connecticut and citizens of Pennsylvania—It is therefore not within the words of the amendment. But it is contended, that although not within the words, it is within the spirit, because the suit is brought against persons representing an officer of the state, who received the property in question for the use of the state. There is weight in the observation, that the inconvenience would be very great if the plaintiff in any action might, by an evasion, by substituting the officer of the state, compel the state to abandon its property, or contest it, in the courts of the United States. In a case so circumstanced, the argument would be very powerful against the jurisdiction of the federal courts. But I cannot say, judging from the facts judicially disclosed to me (which are all that I can judge from) that the present case is so circumstanced. The certificates were certainly paid to Mr. Rittenhouse, as treasurer of the state. But it is equally certain, that neither he nor his representatives since his death, did deposit them in the treasury of Pennsylvania;
on the contrary, they were invested by him in a new fund in his own name and it appears by his written memorandum, that he did not consider them as the property of the state, but his own property, until the state should give him a certain indemnification, which never was given—If this evidence is not strong enough, to shew that the certificates and money were not in the possession of the state, it acquires an additional strength difficult to resist, from the circumstance stated in the answer of Elizabeth Sergeant and Esther Waters, that "they had refused to deliver them up to the treasurer of the state, although expressly required so to do." Whether the conduct of Mr. Rittenhouse and his executrices was right or wrong, is not the point to be now enquired into—The fact is, that they did withhold the certificates and interest money from the treasury, until after the final decree of the district court. Their paying it afterwards, cannot affect the question of jurisdiction. How then does the question stand? The property of those certificates and interest money, was irrevocably vested in Olmsted, &c. by the decree of the former court of appeals, which the supreme court of the United States, since the adoption of the present constitution, has decided to be conclusive. The possession was not in the state, and the suit was not brought against the state or any of its officers. I do not see then how it can be maintained, even under a liberal construction of the 11th article of the amendments, that the state was a party to the suit, in the district court—several acts and resolutions of the legislature of Pennsylvania were read in the course of the argument, concerning which I am not called upon to decide—I exercise the right in common with my fellow-citizens, of speaking my sentiments on political occurrences in private conversation, but it would ill become me on this occasion, to express any opinion concerning the policy which the state has thought proper to pursue. Whatever they have done, I extend to them the same charity which I ask for myself, the belief that they had acted from pure motives. But although I say nothing concerning the policy of the government, I may be allowed, without impropriety, to express my anxious hope, that this long continued controversy will be brought to a termination, without any material interruption of that harmony between this state and the United States, so essential to the prosperity of both. On the whole of this case, I cannot say, that it clearly appears to me, that the district court of the United States made its decree, in a cause of which it had no jurisdiction—I must order, therefore, that Mrs. Sergeant remain in the custody of the marshal. [This affair is settled, and Olmsted has received 14,378 dollars and 75 cents in full.]
WASHINGTON CITY, April 29.
RECONCILIATION WITH ENGLAND.
As far as our observation has extended, we find the reconciliation between the United States and Great Britain gives general satisfaction. The best evidence of the publick approbation is the rise in the price of produce in our markets; which also proves that the substantial interests of the nation have been advanced, which is the legitimate object of good government. In one or two instances we find a factious disposition prevailing, which appears querulous inclined towards the administration, and bitterly malignant against England: And on the other hand, a temper of curious investigation is displayed in a solitary case or two, by no means friendly to the promotion of that harmony between the two nations, already so happily introduced by our present rulers.
The only question for decision is this: Is it desirable that the United States should be on terms of friendship with Great Britain? Every person of sound mind declares, that on honourable and equitable terms, it is. It therefore becomes us all as good citizens to advance that object by all the means in our power. Let us not then revert to past differences: Let us wave reproaches on all sides: let us not gall the pride of the nation which is now once more on a friendly footing with us, by ridiculous vaunting or cowardly boasting. If Mr. Erskine has told our government that the non-intercourse law has been the cause of the English overtures, let us not impugn his veracity by insisting it was the embargo. Idle disputation will not alter the fact, but may introduce a spirit of acrimony unfriendly to accommodation. The people of the United States have understandings, and can decide for themselves without the aid of intemperate philippics, or ill-timed remark.
Nor ought we to seek more to irritate France; but pursuing the even tenour of our way, convince her that on just terms we are prepared to renew amicable intercourse with her; and that proper overtures on her part will be met by our government in the same magnanimous spirit that has hitherto distinguished us among the nations of the earth. The saviter in modo and the fortiter in re, should always be our motto; uniting in the American character the Grecian polish with the Roman dignity. (Monitor.)
BRITISH PARLIAMENT.
HOUSE OF COMMONS—March 6.
AMERICAN AFFAIRS.
[Debate on Mr. Whitbread's motion, for an address to his majesty, praying that he would adopt without delay such measures as may best tend to the immediate re-establishment of commercial intercourse with the UNITED STATES.]
[CONCLUDED.]
Mr. Canning would not trespass on the patience of the house at so late an hour, but he must beg leave to observe, that most of what had been observed upon the subject before the house, led to no practical conclusion, led to no recommendation of measures which it would be thought safe and politic to adopt. Almost all he had heard was lost in vagueness of conjecture, or splendour of declamation.—The question really was between England and France; not between England and America; and if the question involved matters of a delicate nature, which were not inconsiderably or prematurely to be exposed, the fault was with those who called for the papers, and provoked the discussion; not with those, who while they deemed it their duty to shrink from no inquiry into their conduct, still felt the impropriety of being forced into explanations, which it were more prudent to postpone. He most certainly should have opposed the production of those papers had they not already appeared in print in another country, because he was sensible, that the discussion of them was premature, and that they were in a shape not for fit & seasonable discussion. The blame, as he had already observed, must rest with those who recommended it, and would enforce a parliamentary consideration of an incomplete and undecided question. The right hon. gentleman then proceeded to argue the question of the justice and the right, as well as of the policy and expediency of maintaining the principles upon which the British government had acted with regard to America, under the circumstances of the French decrees. These principles were the grounds of the orders in council of 7th January, 1807. A ground not only of retaliation, but of self defence; a ground therefore, which the gentlemen opposite him would not be disposed to contend against. Upon that ground his majesty's present ministers had found the question—upon that ground they felt it incumbent on them to support it. And here he begged leave to appeal to the principles and the language of the order by his

ble predecessor (lord Grey,) whose authority, he did not imagine the gentleman opposite him, would dispute. Much was said about the observance of the law of nations. He would not say that the orders in council were an exact application of it: he would allow they were rather an extension of that law; but an extension called for and justified by the new order of things that had arisen in the world. The Berlin decrees were evidently acts of hostility against England: as such England must have met them. Under the pretence of a municipal regulation, these were intended to exclude British commerce from every port; but that they had none of the features of ordinary municipal regulations, which obtain in peace as well as in war.
France was all along the original aggressor, in this respect, though she effected to pay us the compliment of a priority of wrong. The right hon. Secretary next argued to shew, that the orders in council were not the real cause of the American embargo. This appeared to be the case, from the acknowledgment of Mr. Pinkney, who confessed the embargo to be only a measure of precaution, and as such, not the consequence of any measure to which we had adopted, but a guard against what we were lately to adopt. As to the offer of repealing the embargo if England revoked her orders in council, nothing could be more hollow than the ground upon which that offer had been made. Should we repeal our orders, America would revoke her embargo, and go to war with France, if France refused to repeal her decrees! But when? that was the question. America certainly held out that expectation, but it was for an indefinite time. It was to ascertain this particular point, that he had been anxious, and had required that every thing connected with that question should be recorded in written documents—loose conversation he did not think himself justified in depending upon. The grounds of negotiation he had to submit not being to his own judgment but to that of his colleagues, and therefore it was indispensable for him to have them reduced to a fixed form. Besides he was admonished by what had already taken place in America, where these conversations had been misstated in the American newspapers, which in that country were made, and considered as the vehicles of government authority. Those who accused ministers of a disclination to adopt pacific measures respecting America, must surely have lost sight of the line, temper and manner in which his majesty's government had acted towards America since differences had unfortunately arisen between the two governments. Had they not sent a special mission to explain and apologise for the affair of the Chesapeake; and was not the mere sending of a special mission to such an effect ever deemed a sufficient atonement even by the proudest nations? Yet even there, was not the vessel that carried out the minister compelled to submit to the degrading ceremonial imposed by the embargo? In short, we had rather gone too far, than done too little. We twice offered to negotiate; yet the Non-importation act was not revoked. Would the late administration have done more? The present discussion, however, was imprudent, at a time negotiation was pending for the adjustment of differences.
Lord Henry Petty replied to the various arguments of the last speaker. He dwelt on the effect produced in America by the letter of Mr. Canning, to Mr. Pinkney, dated the 23d September, 1805. That communication reached America previous to the election—a time in a democratic country of great heat and political zeal. What was its effect? It was to be traced in the following circumstances.—It was well understood that in the various states, previous to the election of a president, each state elected an inspector, to whom was delegated the vote of that state for the election of a chief magistrate. It was well known that on the appointment of the inspectors, previous to the late election, for a President, persons from the federal, otherwise the English interest, were almost universally returned. But such was the effect of the able and well timed communication of the secretary for foreign affairs, that the whole publick mind of America was insulted by his ill placed irony; that the consequence was, that a revolution of publick opinion took place, by which the party in America presumed not most friendly to English influence, was intrusted with the sovereignty of that important empire. The American government in the late negotiation, as was obvious from the papers on the table, evinced a friendly disposition towards this country, and a contrary one towards France. She offered to take off her embargo in respect to this country, if we would rescind towards her our Orders in Council. And if we were disposed to this proposition, and only hesitated from a doubt of her sincerity, why was not some endeavour made in the course of the negotiation, to secure the expulsion of American ships from French ports and obtain the consent of the American government for ourselves to secure that point, by making prize of all vessels of that nation, found approaching the ports of the enemy. It was the obvious policy of this country to excite hostilities between France and America, and this would be the almost inevitable consequence of a cessation of the embargo in favour of England, while it was continued towards France. He coincided fully in the sentiments of Mr. Grattan, and voted for the address.
Mr. G. Rose, jun. entered into some explanation, upon the business of his diplomatic mission to America, and said, that notwithstanding the sole object of his embassy was to make satisfaction in the affair of the Chesapeake, he found it impracticable to conclude the business without leading to protracted discussions, the nature of which were incompatible with the honour of this country. And even the very vessel on board of which he went, was not suffered to remain in an American port, but under the direction of the commissioner of customs, and in such station as he should point out.
Mr. Whitehead expressed his determination not to avail himself of that privilege, to which, as the original mover, he was entitled. However, he could more freely dispense with the exercise of the right, inasmuch as every argument that was used by his opponents was ably met by the honourable friends who supported him; and where there was such a manifest deficiency in meeting his observations, he could not, at that hour, trespass on the house, even for the purpose of exposing the absurdity of such attempts.
Amidst loud cries for the question, the house divided on the motion—For the Address 83—Nos 145. Majority 62. The house adjourned at 7 o'clock.
VIRGINIA BANK STOCK. WANTED TO PURCHASE, VIRGINIA BANK STOCK, For which Cash will be given. Application to be made to the SECRETARY of the MARINE INSURANCE COMPANY.
JOHN GRANBERRY, President Office of the Marine Insurance Company of Norfolk, Dec. 14.
Russia and Ravens DUCK. 80 pieces of prime quality, for sale by the Subscriber on a credit and at a reduced price, if immediate application is made on board the William & Mary, Baltimore Packet.
THE PUBLICK LEDGER.
WEDNESDAY EVENING, MAY 3, 1809.
VIRGINIA ELECTIONS. —Although we have no official returns, it is now ascertained that Messrs. Lewis, Swoope, Stephenson, and Breckenridge, four decided federalists are elected to Congress; and Messrs. Randolph, Gray, and Sheffey, minority republicans, are also elected.
The federalists have failed in three of their candidates, but they have shown that the sound principles of federal republicanism are not extinguished in the antient dominion. And it is also proved in seven districts out of twenty-two that the majority are opposed to the measures of the last administration.
Our intelligence via Boston, is of great importance. We have not time to make any remarks on the intelligence given, but War between Austria and France is now inevitable , indeed we have no doubt that it has already commenced.
The vessel by which the intelligence from France was received, had 27 days passage, was bound to Philadelphia, has dispatches for Washington, was ordered to make for the first port.
Congressional Returns, as far as received. ROCKINGHAM DISTRICT.
  Swoope. Smith.    Pendleton, 183 120  Hardy, 266 40  Bath, 19 majority.  Rockingham, 127 610  
The Petersburg Intelligencer of yesterday, says: "We have received the "Staunton Censor" of the 26th, which states that Jacob Swoope, the federal candidate in the Augusta district, is elected by a majority of 188 over Mr. Smith, the republican candidate."
ESSEX DISTRICT.
  J. T. Woodford. John Roane.    Caroline County, 314 155  
GREENBRIER DISTRICT.
  Wilson. Breckenridge.    Rockbridge, 338 314  Botetourt, 78 351  Giles, 97 63  
MONONGALIA DISTRICT.
  N. Linsley. J. G. Jackson.    Ohio County, 169 167  Wood, 72 107  Harrison, 219 409  Monongalia, 284 320  
WYTHE DISTRICT.
  Sheffey. Preston.    Wythe, 280 37  Montgomery, 299 97  Russell, 72 majority  
DIED —This morning, Capt. FLEEMAN G. COL-LINS, late of Liverpool, Nova-Scotia.
BOSTON, April 26.
VERY LATE FROM FRANCE.
The French letter of marque L'Esperence, capt. Deplace, arrived here yesterday, in a short passage from Bordeaux. A French gentleman, a passenger, politely favoured us with a file of French papers to the 19th of last month; and a manuscript copy of a new imperial decree. A few translations from the papers and the decree, will be found below.
The accounts from the European continent, in these papers, are nearly a month later than before received. War between France and Austria had not commenced, though the declaration of it was daily expected. The French ambassador, and the ministers of the confederation of the Rhine, had quitted Vienna; and all the troops in the North, under the control of Buonaparte, were in motion—100,000 of the troops, which were in Spain, had returned into France; and were moving towards Bavaria. The emperor was in Paris at the last date. We find but little mention made of Russia; and that little did not indicate any thing like her taking a part in the war against Austria. The peace between Turkey and England is attributed in the Paris papers to the interference of Austria.
The tidings from Spain, are late. Saragossa surrendered the 24th February, after a memorable siege: the particulars of which fill three papers: About 10,000 of the garrison had passed Bayone. The south of Spain had not been overrun; nor had Cadiz been invested. The French had entered Oporto (Portugal) and were advancing on Lisbon. The Brest fleet, at the latest date, remained near Rochfort.
On the subject of American affairs, these papers are wholly silent. An imperial decree, affecting a part of our vessels in France, will be found under the translations. To understand it, it will be recollected, that the French, have long detained American vessels under various pretences: But some time since an embargo was laid on all American vessels in the ports of France. The new decree only effects such as were detained by this general embargo. They are permitted to return direct to the United States, giving bonds. The others are still detained.
The above arrival gave rise to numerous vague reports yesterday, but they were destitute of foundation in truth. We have seen nothing which looks like an accommodation with France; or the abrogation of her decrees.
TRANSLATIONS.
Vienna, Feb. 23. —The Wurtemberg and Bavarian ambassadors are about to quit this capital. The different corps of our army are to be commanded by the Archduke, and by generals Lichtenstein, Rosam-burg, Klenau, Kallowart, and Bellegarde.
Feb. 26. The great military promotions announced a few days since, have been followed by others. Gen. Meerfeldt has been sent into Gallacia, where he will have a command.
The enumeration of the horses in this city and environs is now making. Several thousands will be wanted by government for the service of the artillery.
The young Counts de Kinsky and de Traisma-nhoff, have demanded of the archduke Charles, to serve near his person in quality of volunteers. March 1. His excellency gen. Androssy has taken leave of our court, on his return to Paris.—He passed Augsburg the 6th March, and continued his route without stopping.
Petersburg, Jan. 16. —The Austrian ambassador, Prince Schwarzenberg, has had his first audience of his majesty, and had a conference of an hour and an half with him in his closet.
Paris, March 22. The Vienna Court Gazette
continues to give all the absurdities of the English journals. The manner in which the events in Turkey are recounted, prove evidently that Austria has contributed all in her power to the peace between the Porte and England. Mr. Adair, formerly ambassador to the Austrian court, when he left Vienna, had letters of recommendation to the Austrian Internuncio at Constantinople.
The Vienna Court Gazette states, that several Saxon regiments had marched into the Duchy of Warsaw, while the Westphalians are marching towards Thuringo.
Augsburg, March 1. —The head quarters of gen. Oudinot's corps are in this city. Three Bavarian corps are to be formed in Tyrol, on the Inn, and in the Upper Palatinate.
Augsburg, March 7. —We learn that several Englishmen have arrived at Trieste, and shew themselves publicly. A British courier, lately debarked there, and proceeded hastily to Vienna. For some time very frequent communications have been made between Austria and England, by way of Trieste.
An Austrian train of artillery has arrived at Egra, in Bohemia.
We learn that an Austrian corps has shown itself on the banks of the Inn, on the side of Passau. For this cause the court of Munich has ordered its troops in Swabia and Franconia to join those in Bavaria, who are to concentrate on the Iser. The garrisons of Ulm and Augsburg are already on their march.
Nuremberg, March 7. All the Bavarian troops are marching to the Inn.
The famous intriguer Genz has arrived in Vienna; probably to draft the Austrian manifesto. M. Stein is also at Vienna.
Burgos, (Spain) March 5. General Sebastiani pursues his success. Marshals Junot and St. Cyr are approaching Valencia, which it is expected will not make any defence.
Saragossa surrendered the 19th February, to the Duke of Montebello (Lasnes.) Such of the garrison as would not swear allegiance to Joseph I. were to be sent prisoners of war into France.
IMPERIAL DECREE
of February 25, 1809.
Art. 1. American vessels which have been detained in the ports of the empire, solely by the (French) embargo, are permitted to return directly to the United States. This favour is not extended to such vessels as have been detained on account of irregular papers, or from any other cause.
Art. 2. The vessels, the embargo on which is thus raised, shall be placed in the disposition of M. Gen. Armstrong, minister plenipotentiary of the United States, to guarantee their direct return to that country. The bonds given on their departure shall only be cancelled by certificates of our consuls, &c. in America, that their cargoes were landed therein, and were composed only of the productions or industry of our empire; and that no part of them was the produce of the soil, of the colonies, or of the commerce of England.
From the N. Y. Gazette.
LAW.
The following is the report of an eminent counselor, of the decision of the Court of King's Bench, in the case of the Swift, under embargo, in this port:
The court gave judgment in the case on the American embargo, on Thursday last.
As they had not given any previous intimation of their intention to give judgment on that day; and as it was the last day for delivering declarations of the last term, it so happened that I was not down in court when judgment was given.—But I found, on enquiry, that the ground of giving judgment for the defendant in Maury vs. Shedden, was, that when any act is done by the government of any country, it is to be considered in the same light as if all the subjects of the country had individually concurred in doing the act; and as the plaintiff could not have recovered upon a policy when he had personally occasioned the loss, against which he sought to be indemnified; so, neither could he recover where his government had occasioned it; for that he was identified, with his government, and the consequences as to third persons, were to be considered in the same point of view as if he had himself contributed to laying on the embargo.
The two other cases of Conway and Davidson, vs. Forbes, and Conway and Davidson, vs. Gray, which were insurances by British subjects, who were consignees of cargoes shipped by American subjects, and upon which they had accepted and paid bills drawn on account of the cargoes, depended in part upon the same general principles as that of Maury vs. Shedden; but it was contended that there was a distinction in favour of the plaintiffs, on account of their having a beneficial interest as consignees of the cargoes, and having paid bills upon them.—But the court thought that distinction would not bear them out; for the insurance must be considered as being substantially made on account of the owners of the cargoes, who were Americans; and that the plaintiffs should not afterwards apply a policy which was originally made for the benefit of other persons to their own purposes, merely because they had obtained a subordinate interest in the cargoes by paying bills upon the faith of their coming into their possession and control. They said if the plaintiffs had specially insured their interest as consignees, as a distinct subject of insurance unconnected with the general ownership of the cargoes, it might have admitted of a different consideration; but that they would give no opinion upon the effect of such insurance; and that that was not the case where the insurance was general.
(Signed)
J. LITTLEDALE, Gray's Inn, Feb. 15, 1809.
Gazette Marine Memoranda.
ARRIVED.
Ship Bayard, Wood, 5 days from Newport, R. I. Ballast, C. Fry. Sloop Eliza, Pratt, 5 days from New-York.
PORT OF NORFOLK AND PORTSMOUTH.
CUSTOM-HOUSE—ENTERED.
Ship Bayard, Wood, Newport. Sloop George, Dennett, New York. Eliza, Pratt, do.
CLEARED.
Sch'r Robin, Foote, Newburyport. Eagle, Van-Name, New-York.
A YOUNG MAN
Of respectable connexions, and possessing a competent knowledge of business, is desirous of a situation at Supercargo; the most satisfactory recommendations can be given. A line addressed to A. B. and left at this Office, will be immediately attended to.
May 3.
It being the opinion of the Danish
Consul General, PETER PEDERSEN, Esq. "That it is improper for the same individuals to hold Consular appointments from Sweden and Denmark, whilst these nations are at war." In consequence whereof, I this day resign my appointment of Danish Vice Consul for the State of Virginia.
Francis S. Taylor. May 1.
NORFOLK THEATRE.
This Evening, (Wednesday) May 3d,
Will be presented,
(For the first time here) a celebrated Drama, called
THE WANDERER;
Or, The Rights of Hospitality.
Gustavus Adolphus, (Heir Apparent to the Throne of Sweden) Mr. Spear; Sigismund, (Son to John late King) Mr. Green; Count Valdestein, Mr. Fox; Count Sparre, Mr. Young; Baron, (Col in the Swedish army,) Mr. Clark; Serjeant, Mr. Utt; Olaus, Mr. Clough; James, Mr. Byrne; Ramsay, (a Scotchman in Valdestein's service,) Mr. Ringwood; Countess Valdestein, Mrs. Placide; Christina, Mrs. Young; Officers and Soldiers, Gentlemen of the Company.
After the Play, will be presented the Interlude of
SYLVESTER DAGGERWOOD;
Or, The Mad Dunstable Actor.
Sylvester Daggerwood, (with a Comick Song) Mr. West; Fustian, Mr. Ringwood; John, Mr. Byrne.
To which will be added, the Comick Farce of
High Life Below Stairs.
Lovel, Mr. Green; Freeman, Mr. Clough; Philip, Mr. Ringwood; Sir Harry, Mr. West; Lord Duke, Mr. Spear; Tom, Mr. Clark; Coachman, Mr. Utt; Kingston, Mr. Byrne; Fisher, Mr. Placide; Kitty, Mrs. Placide; Cook, Mrs. Utt; Lady Charlotte, Mrs. Clark; Lady Bob, Mrs. Simpson.
During the Entertainment, A Mock Minuet, by Mrs. Placide, and Mr. West.
Doors to be opened at 6, and the curtain to rise precisely at 7 o'clock.
Tickets to be had at the Office of the Theatre.
Subscribers will please send as usual to Mrs. West for their Tickets.
Sales at Auction.
Auction at Gosport.
In consequence of recent orders,
On Friday, the 5th of May, will po-
sitively be sold for the benefit of the underwriters, the ba-
lance of the Ship Cleopatra's Cargo, viz.
186 bags Sea-Island, 150 do. Upland
COTTON.
The Sale will commence at 12 o'Clock, precisely—Boats
will be provided, and will leave the Ferry Wharf at eleven
o'Clock—Terms, Cash.
May 3
On Friday the 5th day of May next,
WILL BE SOLD,
At 11 o'Clock, at the House lately occupied by Mr. JOHN
NEWELL, on Smith's Point,
60 dozen, 40 demijohns, 40 four gallon bottles, and
1 hogshead
London particular Madeira WINE,
which was selected for private use, is of choice quality and
very old.
A few dozen excellent Claret Wine—Terms, approved
Notes at 120 days for sums over 100 dollars.
Francis Smith, V. M.
Who offers at Private Sale,
850 barrels fresh ground superfine Alexandria Flour,
570 do. Prime New-York Pork,
200 do. Tar, 67 barrels Turpentine, 50 bbls. Herrings,
12,000 wt Green Coffee, 4 cases fine and coarse Hats,
50 kegs Lard, 50 boxes Mould Candles, and 40 boxes Soap.
April 26.
For Freight or Charter,
The substantial and fast-sailing Brig's
PALLAS,
Ephraim Willcox, master, burthen 242 tons, or 300 blds.
tobacco; she is double decked, sheathed, and newly grained.
The port of Liverpool would be preferred, and she is
now ready to receive a cargo. For terms apply to Captain
Willcox, or
N. HERON.
May 3.
Portsmouth Sugar-House.
The present Proprietors of this establish-
ment finding a larger capital necessary to carry it on success-

SALT. quantity of coarse SALT, suited for the fisheries, on board the Ship Jeanie. And Liverpool Blown SALT , on board the Ship Highlander, for sale on accommodating terms, taken from along side. Robert Dickson. March 20.
PATENT ILLUMINATORS, OR Sky-Lights for Shipping, &c. Giving a more general Light than the common Sky-Light, with one half the expense; and are equally applicable to the state-room, steerage and forecastle, as in the cabin—they are neither liable to break or be damaged by the common traffic of the deck. Apply to E. Sturtevant, Agent. March 10.
TAKE NOTICE, That we have applied to the President and Directors for the renewal of SIX NOTES of the Bank of the United States, at Norfolk, the one moiety whereof is, viz. B. No. 4082, dated Philadelphia, 2d June, 1800—dollars 50 C. 3820, dated Philadelphia, 2d June, 1800 50 E. 727, dated Philadelphia, 6th Jan. 1804 50 F. 819, dated Philadelphia, 6th Jan. 1804 50 F. 922, dated Philadelphia, 6th Jan. 1804 50 F. 1688, dated Philadelphia, 6th July, 1804 50 payable to Robert Taylor, or bearer, at the Office of Discount and Deposit, at Norfolk. A HANDSOME REWARD will be given to any person who may have found the counterparts of the above Notes, and will deliver them to us. MACKINDER & WHITE. March 10.
BANK NOTES LOST. R. No. 805, U.S. Office Discount and Deposit, Norfolk, payable to Robert Taylor, President, or bearer, and dated 7th October, 1808, for dollars 100 S. 842, ditto 7th October, 1808, for 100 G. 901, ditto 6th January, 1804, for 50 Dollars 250 I do certify that the Notes mentioned in the foregoing list, were on the 6th instant enclosed by Mr. Warner L. Wormeley, under cover, sealed with the initials W. L. W. on red wax, and directed to "Doctor Elisha Hall, Fredericksburg," that the letter was put into the package for Fredericksburg, which was made up on the night; but the mail not arriving, the bundle (at Mr. Wormeley's request) remained untied till morning, when the package was tied and put into the postman's bag, which was, in the presence of Mr. Wormeley, locked and delivered to the carrier. John Chew, P. M. Middlesex. ss. JOHN CHEW, this day made oath before me, a magistrate for said county, to the truth of the above certificate, in due form. Given under my hand the 3d March, 1809. Henry Heffernan. Any person to whom the above Notes, or any of them may be offered, is requested to stop them, and give information to Mr. Warner L. Wormeley, of Urbanna; Dr. Elisha Hall, of Fredericksburg, or Warren Ashley. March 6.
FOR SALE, The CARGO of the Schooner Cervo, D. Mourande, Master, from St. Jago de Cuba, COFFEE, in barrels and bags, of the first quality. SEGARS, in boxes— Now Landing at Commerce-Street Wharf. John Granbery. January 23.
For Sale, by the Subscriber, 50,000 weight of Navy BREAD, 20,000 Superfine Pilot, do. 3,000 Ship, do. 250 quarter barrels CRACKERS. Also, 400,000 well burnt BRICKS, 2,000 bushels STONE LIME, Stephen Harris. PILOT BREAD of superior quality for family use. Feb. 13.
A BARGAIN OFFERED, In a fine and Valuable FARM, in the County of Princess Anne. THE Subscriber is disposed to sell his Plantation called LEVEL GREEN, situated in the county of Princess Anne. It contains about 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 disposed to view the land, and to purchase, may apply, in the absence of the subscriber, to JAMES ROBINSON, or JOHN READ, who reside in the neighbourhood. Tully Robinson. Dec. 7.
THE SUBSCRIBER Wishes to Sell, and will Sell or Rent on moderate terms, That very excellent Wharf and Lot, in the town of Gosport, at present occupied by William Smith; the Wharf, Ware Houses, and Dwelling-House are all in good repair. Thirteen Lots in the Town of Suffolk; And the following Property in Norfolk, Two good Fire-Proof Warehouses on the Eastern side of Commerce-Street, Nos 4 and 6. Two Dwelling-Houses and Lots on Boush-Street, in good repair, and very pleasantly situated. Apply to John Granbery. September 14.
FOR SALE, 40 pun. choice old Demarara RUM, 200 hogsheads MOLASSES, 100,000 wt. Muscovado SUGAR, 200 boxes Havana brown SUGAR, 82 do. do. white do. 6000 bushels Exuma and Cadiz SALT, 150 sacks Liverpool do. 30 cases GLASSWARE, consisting of Tumblers, Decanters, and Wine Glasses, 15 cases QUEENSWARE, consisting principally of Plates and Dishes, 480 pieces CHEQUES and LISTADOES, 40 box CASTILE SOAP; 14 bales CORKS, GIN in cases, and Gosport RUM. James Young. March 18.
Eagle Fire Company of New-York. Office of the Company, No. 59, Wall Street. PROPOSALS For Insuring Houses, Buildings, Stores, Ships in Harbour, Goods, Wares, and Merchandise, FROM LOSS OR DAMAGE BY FIRE.
THE Legislature of the state of New-York, having incorporated the Eagle Fire Company of New-York, with a capital of five hundred thousand dollars, (with the liberty of increasing the same, if the business of the company should require it, to one million of dollars.) for the sole purpose of insuring buildings, and every kind of personal property from loss or damage by FIRE; and the capital of five hundred thousand dollars having all been paid, or secured to be paid, according to law: the directors feel a particular satisfaction in offering to their fellow-citizens, throughout the United States, the means of security against that kind of loss which frequently, in an UNEXPECTED MOMENT, involves in destruction the earnings of a life of industry and frugality, and reduces the independent and affluent, together with their families, to poverty and distress. To provide an additional guard against calamities of this nature, has been the primary motive of this INSTITUTION; and the directors engage to conduct its concerns, with a fairness, candour and liberality, which will justly entitle it to the confidence and patronage of the publick.
* * * No insured person will be liable to make good the losses of others; but in case of fire, the sufferer will be fully indemnified.—The Company also make good losses on property burnt by Lightning.
Classes of Hazards, and Rates of Annual Premiums for Insurance against Fire.
NO. I. HAZARDS OF THE FIRST CLASS. Brick or Stone buildings, covered with slate, tiles, or metal. Goods hazardous, and not hazardous, contained in such buildings. 62 1-2 cents per 100 dollars per annum, for sums not exceeding 10,000 dollars in one risk.
NO. II. HAZARDS OF THE SECOND CLASS. Brick or Stone buildings, covered with wood. Goods hazardous, and not hazardous, contained in such buildings. 93 3-4 cents per 100 dollars per annum, for sums not exceeding 10,000 dollars in one risk.
NO. III. HAZARDS OF THE THIRD CLASS. Buildings, the sides of which are part of brick or stone, and part of wood. Goods hazardous, and not hazardous, contained in such buildings. 125 cents per 100 dollars per annum, for sums not exceeding 10,000 dollars in one risk.
NO. IV. HAZARDS OF THE FOURTH CLASS. Buildings, the sides of which are entirely of wood. Goods hazardous, and not hazardous, contained in such buildings. 187 1-2 cents per 100 dollars per annum, for sums not exceeding 10,000 dollars in one risk. Ships in Port, or their Cargoes, Ships Repairing or Building, may be insured against Fire.
This manner of classing hazards will give a general idea of the rates of insurance, but there will necessarily be an increase of premium in all cases where the local situation, and other circumstances, increase the risk: such as joining, or being contiguous to wooden buildings, or buildings occupied in carrying on hazardous business—distance from water—no engines or firemen in the town or place, &c. &c.—The premiums may also, in some cases, be reduced on wooden buildings in the country, when standing single or detached, or attended with circumstances of peculiar security:—But in all cases, if the sum to be insured on or in the same building exceeds 10,000 dollars, an additional premium will be required. Soap Boilers, Tallow Chandlers, Brewers, Maltsters, Bakers, Rope Makers, Sugar Refiners, Distillers, Chemists, Varnish Makers, Stable Keepers, Tavern Keepers, China, Glass, or Earthenware Sellers, Oil and Colourmen, Turpentine Works, Paper Mills, Printing Houses, Coopers, Carpenters, Cabinet Makers, Coach Makers, Boat Builders, Ship Chandlers, Apothecaries, Theatres, Mills and Machinery, and all Manufacturers that use Fire Heat, are deemed extra hazardous, and must be particularly described in the policy; and for all such risks an additional premium will be required.
Conditions of Insurance.
I. All applications for Insurance must be made at the office of the company, in writing; and the subject offered for Insurance accurately described. II. If the property offered for insurance is within the district of a surveyor of this company, he will examine and report thereon; but if not within any such district, then the applicant must himself furnish an accurate and just description thereof, viz. of what materials each building is constructed; whether occupied as private dwellings, or how otherwise; where situated; the name of the present occupier; how situated with respect to other buildings. And in the insurance of goods, wares and merchandise, the place where the same are deposited, is to be described; also, whether such goods are of the kind denominated hazardous, and whether any manufactory is carried on in the premises, all which is to be certified and attested in such manner as the nature of the case may admit. And if any person or persons shall insure his or their buildings or goods, and shall cause them to be described in the policy otherwise than they really are, so as the same be charged at a lower premium than is herein proposed; or if such description be false or fraudulent, such insurance will be void and of no effect.
III. Goods held in trust, or on commission, are to be declared as such; otherwise the policy will not extend to cover such property.
IV. Every Policy of Insurance, made by this Company, shall be sealed with its seal, and signed by the President and Secretary; and the person for whose interest the insurance is made, must be declared and named therein; nor can any Policy, or interest therein, be assigned but by consent of the Company, expressed by endorsement made thereon.
V. No Insurance will be considered as made or binding, until the Premium is paid.
VI. Persons insuring Property with this Company, and who have already made other Insurance on the same property, shall give notice thereof in writing, at the Company's Office, before, or at the time of the execution of the Policy; and persons who, after insuring Property with this Company, have Insurance made on the same property elsewhere, shall, with all reasonable diligence, notify the same in writing at the Office of the Company, and have the same endorsed on the policy, or otherwise acknowledged in writing; in default whereof, the Policy shall cease, and be of no effect: and in case of loss, each party insuring shall be liable to the payment of a rateable proportion of the loss or damage which may be sustained.
VII. No loss or damage by fire will be paid, that may happen or take place in consequence of any invasion, civil commotion, riot, or military or usurped power whatever.
VIII. Books of Accounts, Written Securities, Notes, Bills, Bonds, Deeds, Ready Money, or Bullion, cannot be insured. IX. Jewels, Plate, Medals, or other Curiosities, Paintings and Sculptures, are not included in any insurance, unless such articles are specified in the policy.
X. All persons insured by this Company, sustaining any loss or damage by fire, are forthwith to give notice to the Company, and as soon after as possible, to deliver in as particular an account of their loss or damage, signed with their own hands, as the nature of the case will admit of, and make proof of the same by their oath or affirmation, and by their books of accounts, and other proper vouchers, as shall be reasonably required: and shall make oath, whether any and what other insurance is made on the same property; and shall procure a certificate, under the hand of a magistrate, notary public, or clergyman, most contiguous to the spot where the fire happened, and not concerned in such loss, that they are acquainted with the character and circumstances of the person or persons insured; and do know, or very likely believe, that he, she, or they, really, and by misfortune, and without fraud or evil practice, have sustained by such fire, loss and damage to the amount therein mentioned; and until such affidavits and certificates are produced, the loss shall not be payable:—Also, if there appears any fraud, or
false swearing, the claimant shall forfeit his claim to restitution or payment, by virtue of his policy. XI. In case any difference shall arise, touching any loss or damage, it may be submitted to the judgment of Arbitrators, indifferently chosen, whose award in writing shall be binding on the parties. And when any loss or damage shall happen, the company shall pay for the same, in sixty days after the loss shall have been ascertained and proved, without allowance of discount, fees, or any deduction whatever. XII. Insurance may be made for seven years, by paying the premium for six years, and for a less number of years than seven, a reasonable discount will be allowed.
The Subscriber being appointed Surveyor for the Eagle Fire Company, upon application, will survey and value, such buildings, (or property contained therein) upon which Insurance may be required. Francis Foster, Church-Street, Norfolk. Feb 13.
Norfolk Borough: At a Hastings Court held the 27th day of February, 1809. THOMAS HOLLIDAY, Compt. against WILLIAM SMELLY, LITTLETON W. TAZWELL and PETER DALEY, In Chancery. Dfts.
THE defendant William Smelly, not having entered his appearance and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this commonwealth: On the motion of the complainant by his counsel, it is ordered that the said defendant William Smelly, do appear here on the fourth Monday in May next, and answer the bill of the complainant, and that a copy of this order be forthwith inserted in one of the newspapers printed in this Borough for eight weeks successively, and posted at the front door of the courthouse of said Borough; and it is further ordered that the defendants Littleton W. Tazwell and Peter Daley, who have effects of the said William Smelly in their hands, do not pay, convey away or secret such effects, but retain them until the further order or decree of this court.
A Copy,—Teste, Wm. Sharp, c. c. March 3.
Norfolk Borough: At a Hastings Court held the 27th day of February, 1809. Richard Gernon, Complainant, against William and Anthony M. Buckley, In Chancery. and Shanks and Binford, Dfts.
THE defendants William and Anthony M. Buckley, not having entered their appearance, and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that they are not inhabitants of this commonwealth: On the motion of the complainant by his counsel, it is ordered that the said defendants William and Anthony M. Buckley, do appear here on the fourth Monday in May next, and answer the bill of the complainant, and that a copy of this order be forthwith inserted in one of the newspapers printed in this Borough for eight weeks successively, and posted at the front door of the courthouse of said Borough; and it is further ordered that the defendants Shanks and Binford, who have effects of the said William and Anthony M. Buckley in their hands, do not pay, convey away or secret such effects, but retain them until the further order or decree of this court.
A Copy,—Teste, Wm. Sharp, c. c. March 3.
Norfolk Borough: At a Hastings Court held the 27th day of February, 1809. THEODORICK ARMISTEAD, Compt. against NICHOLAS PETERSON and CHRISTOPHER FRY, In Chancery. Dfts.
THE defendant Nicholas Peterson, not having entered his appearance and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this commonwealth: On the motion of the complainant by his counsel, it is ordered that the said defendant Nicholas Peterson do appear here on the fourth Monday in May next, and answer the bill of the complainant, and that a copy of this order be forthwith inserted in one of the newspapers printed in this Borough for eight weeks successively, and posted at the front door of the courthouse of said Borough; and it is further ordered that the defendant Christopher Fry, who has effects of the said Nicholas Peterson in his hands, do not pay, convey away or secret such effects, but retain the same until the further order or decree of this court.
A Copy,—Teste, Wm. Sharp, c. c. March 3.
Norfolk Borough: At a Hastings Court held the 27th day of February, 1809. JOHN WALLACE, Compt. against JAMES BROWN, & Co. of Philadelphia, and ALEXANDER MACLURE, In Chancery. Dfts.
THE defendants James Brown, & Co. not having entered their appearance and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that they are not inhabitants of this commonwealth: On the motion of the complainant by his counsel, it is ordered that the said defendants James Brown, & Co. do appear here on the fourth Monday in May next, and answer the bill of the complainant, and that a copy of this order be forthwith inserted in one of the newspapers printed in this Borough for eight weeks successively, and posted at the front door of the courthouse of said Borough; and it is further ordered that the defendant Alexander MacLure, who has effects of the said James Brown, & Co. in his hands, do not pay, convey away or secret such effects, but retain them until the further order or decree of this court.
A Copy,—Teste, Wm. Sharp, c. c. March 3.
Norfolk Borough: At a Hastings Court held the 27th day of February, 1809. STEPHEN G. WILLS, Compt. against JONATHAN LAYCOCKS and PETERSON BROWN, administrators, &c. of John D. White, deceased, and WARREN ASHLEY, In Chancery. Dfts.
THE defendants Jonathan Laycocks and Peterson Brown, not having entered their appearance and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that they are not inhabitants of this commonwealth: On the motion of the complainant by his counsel, it is ordered that the said defendants Jonathan Laycocks and Peterson Brown, do appear here on the fourth Monday in May next, and answer the bill of the complainant, and that a copy of this order be forthwith inserted in one of the newspapers printed in this Borough for eight weeks successively, and posted at the front door of the courthouse of said Borough; and it is further ordered that the defendant Warren Ashley, who has effects of the said Jonathan Laycocks and Peterson Brown, administrators as aforesaid, in his hands, do not pay, convey away, or secret such effects, but retain them until the further order or decree of this court.
A Copy,—Teste, Wm. Sharp, c. c. March 3.
NOTES OF HAND, according to the new form established by the Directors of the Office of Discount and Deposit of the Bank of the United States, for sale at this office.
DR. ROBERTSON'S Celebrated Stomachick Elixir of Health. Which has proved by experience, to be the most valuable medicine, ever yet offered to the publick for curing the Gout, Cramp, and wind in the Stomach; also a certain cure for the Dysentery, or Bloody Flux, Cholera Morbus, severe Chills, and all other diseases of the bowels, a dose never fails to remove a cold if taken soon after its first appearance. It is habitual to carrying off superfluous bile, removing aches, &c. &c. The following certificates are selected from the many respectable ones lately received by the proprietor, and are now in his possession.
Certificate of Mr. William Julian, carpenter and builder No. 69, South Fifth-Street, Philadelphia.
SIR—My wishes to promote the interest of superior merit, and to afford consolation to the afflicted, induces me to request you will pay my case before the publick, as an incontrovertible proof of the astonishing efficacy of Dr. Robertson's invaluable Stomachick Elixir of Health. I do hereby certify, that I was seized most violently with the dysentery, or bloody flux, which reduced me so much that I was confined to my bed, and became so weak that I could not move without assistance. My situation at that time became seriously alarming, as no relief could be obtained, I was given over, and even death would have been desirable to me, had not a friend of mine, who by chance called to see me, who had just recovered from a similar complaint, though not so severe as mine. He informed me that he was cured by taking Dr. Robertson's Stomachick Elixir of Health, and advised me to send to you for a bottle. I immediately did so, and by following your instructions given with the bottle, before I had taken half a bottle, I found myself much relieved, and my disorder greatly abated, and by continuing to take it, in one week I was able to walk out, and in less than a fortnight was able to attend to my business.
I therefore recommend every family to be provided with this invaluable medicine, particularly those who live at a distance from the country, where assistance cannot be immediately obtained. As I am convinced that Dr. Robertson's Stomachick Elixir of Health, is the most effectual remedy in the world. I have since recommended it to several of my friends in similar complaints, who have always been relieved immediately after taking it. Should any person with to be more fully convinced of my case, I will with pleasure explain it to them by applying to me. I am with a due sense of the benefit I have received thro' the efficacy of your medicine, Sir, your humble servant, WM JULION.
Certificate of Mr. George Stokes, South Water Street Philadelphia.
SIR—For the benefit of the afflicted, I think proper to inform you that Dr. Robertson's Elixir of Health, has been to me, of the most essential service. I had been a long time afflicted with a pain in my stomach, and continual head aches, attended with a sickness at the stomach, which brought on a vomiting and lax, which continued on me until I became in a very weak state, without being able to get any relief, until I tried one bottle of Dr. Robertson's Elixir of Health, which entirely cured my disorder, except a weakness and want of appetite, for which I have since taken Dr. Robertson's Stomachick Wine Bitters, which quite restored my strength and appetite, and I now enjoy better health than I experienced for many months before.—As I consider your medicine to have been the means of saving my life, I solicit you to publish my case for the benefit of others, who by abiding by the directions given with your invaluable medicines, will embrace the same means by which I have happily effected my recovery. I am, Sir, your obedient servant, GEORGE STOKES.
Certificate of Mr. John T. Solomon, Sixth near Race-Street, Philadelphia.
SIR—For the good of the publick and benefit of the afflicted, I think proper to inform you, that having laboured for upwards of six months, under a very bad cough, attended with a difficulty of breathing, paleness of my breath and face, and a sickness at my stomach; having lost all appetite, I became so very much reduced in my strength as to be unable to walk. I was considered in a consumption, and given up for a lost man. In this hopeless situation I had recourse to Dr. Robertson's Stomachick Elixir of Health, and to my great astonishment, before I had taken one bottle, found myself very much relieved. I expected a great quantity of phlegm, which has eased me of one of the most violent coughs that ever man had; I have taken it regularly ever since, and now find myself completely recovered, and shall certainly, for the benefit received, recommend it as far as I can, believing it to be a most efficacious medicine in the above complaint. I am, Sir, with great respect, Your obliged humble servant, JOHN T. SOLOMON.
Certificate of Mr. John Lee, Philadelphia.
DEAR SIR—By the administration of Dr. Robertson's Elixir of Health, and that the publick may be acquainted with the good effect I have received from it, I wish you to publish the following: About a fortnight ago I was seized with the influenza, or a violent cold attended with a pain in my limbs, and a violent cough, which settled on my lungs, and having been for some time before in a weakly state, I expected a consumption must soon have followed, had I not been advised to try Dr. Robertson's Elixir of Health, which has effectually removed my complaint, and I now feel better health than I have for some time before. It is impossible to say too much in favour of this invaluable medicine, as I am clearly convinced it is the most efficacious remedy ever offered to the publick, in the above complaint. I am, Sir, your obliged servant, JOHN LEE.
The above Medicine is sold wholesale and retail by the proprietor, T. W. DYOTT, No. 11, North Second-Street, Philadelphia; and by appointment at BONSAL & CONRAD'S Book Store, Norfolk; and at SOMIRVELL & CONRAD'S, Petersburg. May 23. lawly
NOTICE. THE Partnership of T. & W. A. ARMISTEAD is this day dissolved by consent of parties. The settlement of its concerns devolve on W. A. ARMISTEAD, who is authorised to grant discharges, and on whom all persons having claims against the Firm, are requested to call. January 5.
W. A. Armistead and George Kelly, have entered into Co partnership. Their business will be conducted under the Firm of ARMISTEAD & KELLY. January 16.
Landing on Commerce-Street wharf, from on board the British Brig Point Shares, from Havana, 239 boxes SUGARS, 87 hogsheads } Prime Muscovado Sugar, 14 barrels } 112 bags GREEN COFFEE—For Sale by Moses Myers. March 3.
NORFOLK: PUBLISHED THREE TIMES A-WEEK, BY WILLIAM DAVIS, FOR THE PROPRIETOR, Opposite the Exchange Coffee-House. Price Six Dollars Yearly, in advance.