Norfolk gazette and publick ledger (Norfolk [Va.]), 1808-12-28 00:00:00

NORFOLK GAZETTE AND PUBLICK LEDGER.  SENT HIC ETIAM SUA PRÆMIA LAUDA
[VOL. V.
WEDNESDAY EVENING, DECEMBER 28, 1808.
NO. 70.]
Foreign Intelligence.
From a London paper received at the office of the Publick Ledger, by the British ship Speculator, Captain L'Amy from Jersey.
LONDON, October 29.
A mail from Corunna was received on Wednesday, containing Spanish papers to the 15th inst.
Dispatches were likewise received by government from Spain, brought by his majesty's ship Rowena. They are dated the 14th inst. and state, that on the preceding day, 150 transports, with 13,000 troops on board, comprising the whole of the expedition under the command of sir David Baird, arrived in perfect safety at Corunna, but a mere matter of formality prevented the troops from being immediately landed. The provisional junta, of that as well as of all the other provinces, having been dissolved, it became necessary to the supreme Central Council, at Madrid, for directions respecting the landing of the troops. During the interval, sir David Baird and a number of officers have landed, and on the evening of the 15th went to the theatre, where they were received with enthusiastic applause.
General sir John Moore, is on his march for Spain with upwards of 20,000 men; and as the remainder of the army at Lisbon is to be sent without loss of time upon the same service, we shall shortly have in active co-operation with the Patriot Spaniards, an army of at least 50,000 British effective troops.
The Spanish gazettes and private letters contain the important intelligence, that the French again evacuated Bilbao on the 30th ult. after plundering the place a third time, but were compelled to return the same day, in consequence of finding their retreat cut off by the different divisions of the Spanish army, the enemy having been completely outflanked. This important fact being communicated to gen. Blake, that brave and judicious officer put his whole army in motion on the 4th inst. and at the date of the last advices from Corunna, intelligence of the surrender of the enemy's division, commanded by gen. Ney in person, (consisting of 14,000 men) was hourly expected.
Yesterday, more Spanish papers and letters were received from Corunna to the 17th inst.; up to which day certainly no action had taken place between the armies, nor was it known at Corunna that any reinforcements to marshal Ney had arrived, though it is stated, in a letter from Plymouth, that the French army had been reinforced with thirty thousand men.
The Supreme Council have published a most interesting account, given by M. Navarro, of the events which took place at Bayonne, immediately after the arrival of king Ferdinand at that place. This gentleman appears to have been the confidential messenger, who was employed by Ferdinand to convey his commands to the persons in whose hands he had left the government. His relation of the circumstances attending his mission, may be considered as a supplement to the exposition of Don Cevallos, given in our paper of the 8th inst. This enlightened and patriotic statesman is to be sent on a special mission to the Austrian, Russian, and Prussian courts, there to exhibit a full representation of the perfidious conduct of France towards Spain, and demand vengeance in the name of the legitimate sovereign of that country.
It was yesterday stated, but we cannot learn from what authority, that the journey of the emperor of Russia to Weimar, for the purpose of meeting Buonaparte, has occasioned so much discontent at Petersburg, that a proposition has been made in his absence, to the dowager and reigning empress, to place themselves at the head of the government, and to set aside both Alexander and his brother, the archduke Constantine. This proposition the two illustrious females are stated wisely to have declined, though they did not scruple to express their marked dissatisfaction with the emperor for condescending to an act of such unbecoming servility.
It is stated that Buonaparte and the emperor Alexander, are not in unison respecting the plans the former wishes to adopt, therefore their co-operation cannot be of long continuance. They have, however, prohibited all commercial intercourse between England and the continental ports under their control.
The late defeat of the Swedish corps under general Boye, has been the cause of considerable dissention at Stockholm and Gottenburgh. His Swedish majesty has disbanded the regiment of guards, composed of young men of the best families, in consequence of some reluctance on their part to renew or continue the action: but as there were but 4000 Swedes to 12,000 Russians, his majesty's resentment is thought unreasonable, and the sense of the people is entirely against the harsh measure that has been resorted to.
Ferdinand VII. and his brother and uncle, it is said, are at Paris—At Paris! Some desperate deed is perhaps in agitation against them.
Wednesday, his majesty arrived at the queen's palace from Windsor, and held a levee, when the following had the honour of being presented to his majesty:
Lieut. gen. Thornton, on his promotion to be second major of the first regiment of guards; Hugh Elliot, esq. &c. being appointed captain general and governor of the Leeward Islands; admiral Tyler, who brought the Russian fleet to England, on his promotion, and return from Lisbon; and his excellency le Chevalier de Bricknowy, the Swedish ambassador, by Mr. Canning. After which his excellency had a private audience of his majesty, and delivered his credentials. He was most graciously received.
Le Chevalier D'Alderberg, the late Swedish ambassador, took leave of his majesty previous to his leaving England.
The king then held a privy council, when it was settled that Parliament should be further prorogued from Tuesday, the first day of November, to Thursday, the 10th day of December. It will then be still further prorogued till the middle of January, when it will meet for the dispatch of business.
Two Gottenburgh mails arrived on Monday.—The Stockholm Gazette contains various official reports of the movements, retrograde and progressive, of the Swedish army in Finland. The Swedes, in the first instance, experienced a severe reverse, but they have since defeated the Russians, and regained what they had lost.
Letters received from Holland state, on the 17th inst., king Louis signed a decree, to prevent all intercourse with this country under pain of death.—This new law, it is said, was dictated by Buonaparte before he left Paris for Erfurth.
Dutch papers to the 18th inst., have been received. The two emperors continue at Erfurth; they have held several conferences, but nothing yet has transpired with respect to their nature. There are frequent parades and entertainments, of which all the numerous nations assembled there regularly partake.
The following is the address voted at the Westminster meeting on Thursday last:—
TO THE KING'S MOST EXCELLENT MAJESTY. May it please your Majesty. We, your majesty's loyal subjects, the inhabitants of the city and liberty of Westminster, beg leave to approach your majesty, and to express our firm persuasion, that the late convention, agreed to by your majesty's commanders in Portugal, no less afflicted your majesty than it disappointed the hopes and expectations of your majesty's faithful people.
That your petitioners were filled with admiration and joy at the valour and success of your majesty's forces in Portugal, as detailed in the Extraordinary Gazette, as published on the second day of September last.
That your petitioners are concerned to observe, that at that time your majesty's commanders had signed preliminaries for a convention, by which the British nation engaged to carry to France the whole of the French army, with their baggage, artillery, and ammunition; that they were not to be considered prisoners of war, but were allowed to act immediately on their return to France, in any place where their services should be required by your majesty's implacable enemy.
We therefore humbly beseech your majesty to direct a full and effective inquiry to be made into all the circumstances which led to the conclusion of a convention, so inconsistent with the brilliant achievement of your armies, on the 17th and 21st of August, that the true causes thereof may be made manifest to your majesty's faithful and affectionate people; and that your majesty will be graciously pleased forthwith to assemble your parliament, that such inquiry may be instituted, as to them, in their wisdom may seem expedient.
COURT OF COMMON COUNCIL.
Yesterday a Court of Common Council was held at Guildhall, to take into consideration his majesty's answer to the City Address upon the convention of Portugal. After the answer had been formally read,
Mr. Waithman rose and expressed his conviction of the impropriety of discussing any observations that might fall from his majesty himself, but the answer in question, he said, must be considered as coming from his majesty's advisers, and consequently was freed from that objection. He said the right of petitioning the throne was one of the privileges which Englishmen should never lose sight of, and he trusted the rebuke the citizens of London had met with, would not make them less strenuous in future to assert a right the constitution had secured to them. The worthy commoner then went into a review of the answer, and commented on it sentence by sentence. He denied that it was inconsistent with British justice, nor did it go to prejudice the parties. All that was said was, that there was blame somewhere, and an enquiry was prayed, that that blame might be traced to its source, and the authors of that disgrace which had been brought upon the country, exposed and brought to justice. Mr. Waithman further observed, that the citizens of London might go the foot of the throne with congratulations as long as they were willing, but as soon as they exercised their right by way of complaint, they were rebuked and sent back. Mr. Waithman next remarked upon the expeditions to Holland and Ferrol, both of which, he said, demanded enquiry, but none had been instituted; and concluded by moving, that his majesty's answer be entered in their journals, and should at same time be accompanied with resolutions to the following effect:
Resolved , That his majesty's answer be entered on the journals. That at the same time this court cannot forbear declaring it as their opinion, that the address and petition presented to his majesty by this court, on Wednesday, the 12th inst., was conceived in the most dutiful and respectful terms; that it is the undoubted right of the subject to petition, and that this right ought at all times to be freely exercised in all matter of public grievance, without obstruction or reproof.
That they are, therefore, at a loss to know by what construction of their said petition, however strained or perverted, his majesty's advisers could attribute to them any intention or desire "to pronounce judgment, without previous investigation."
That they are equally at a loss to know why his majesty's advisers should have deemed it necessary to remind them, "that it was inconsistent with the principles of British justice;" unless to throw an unmerited odium on this corporation, and raise a barrier between them and the crown, on all occasions where their object is free and constitutional enquiry.
That had this court refrained from expressing to his majesty their feelings at the humiliating termination of the campaign in Portugal, they must have ceased to feel—to think—to act as Britons, and have shown themselves unsceptable of that patriotism so essentially necessary for the preservation of their liberties—the maintenance of their national honour—and the independence and security of his majesty's crown and dominions.
They cannot, therefore, sufficiently express their concern, that they should, by any suggestions, have met with obstruction and reprehension in the exercise of their undoubted and invaluable right.
That they particularly regret that his majesty should have been advised to express a hope "that recent occurrences would have convinced them, that his majesty is at all times ready to instruct inquiries on occasions in which the character of the country, or the honour of his majesty's arms is concerned; and that the interposition of the city of London could not be necessary for inducing his majesty to direct due enquiry into a transaction, which had disappointed the hopes and expectations of the nation."
Because it appears, that during the eventful period of the last fifteen years, various enterprises and expeditions have been undertaken, "in which the character of the country, and the honour of his majesty's arms, were concerned," which have grievously failed, and "disappointed the hopes and expectations of the nation," and into which "due enquiry" has not been made. That in one of the recent occurrences to which his majesty's answer refers, it is not known even at the present moment, by whose advice the commander in chief was appointed, or on what account such commander was selected.
That during all these calamitous events, and wasteful profusion of blood and treasure, the public burthens have been patiently borne, and his majesty has been called upon by "the interposition of the city of London," (if their humble supplication must be so termed) to institute enquiries into these failures; although it appears to them that such "interposition" might have been highly necessary and beneficial to the country, and, by promoting "due enquiry," precluded the necessity of their late application.
That during these unhappy reverses, and while his majesty's subjects submitted to so many privations, the most shameful and scandalous abuses and peculations have prevailed, into which due enquiry has not been made so as to bring to justice such great publick delinquents.
That whoever advised his majesty to put so unfavourable and unwarrantable a construction on their late petition, has abused the confidence of his sovereign, and is equally an enemy to his majesty and the just rights of his people.
That they do not attribute guilt to any one, much less do they pronounce judgement without previous investigation. They ask for investigation, prompt and rigid investigation, and the punishment of guilt wherever it may be found.
This was seconded by Mr. Quin, and opposed by Mr. Dixon. Mr. Alderman Birch also opposed the resolutions. Several members delivered their sentiments, after which, the resolutions of Mr. Waithman were put and carried.
Mr. Waithman then proposed an address and petition conformably with the resolutions, praying for a prompt and vigorous enquiry, and that his majesty would convene his parliament, &c.
This motion, however, met with some objection, several of the members wishing to make it a subject of another day's discussion; in consequence of which Mr. Waithman withdrew the motion, and the court, after ordering the resolutions to be published in the papers, adjourned.
The court was more crowded than ever remembered on any former occasion.
The recorder, in reading the resolutions yesterday, at the court of common council, for his majesty's "most gracious answer," read his majesty's "most gracious answer." This produced a loud laugh in the Hall; but many said that they could not see the mistake.
Admiralty Office, October 25.
Copy of a letter from Vice-Admiral Lord Collingwood, commander in chief of his majesty's ships and vessels in the Mediterranean, to the hon. W. W. Poole, dated on board the Ocean, off Cape Pallas, September 5, 1808.
Sir—I enclose for the information of the lords commissioners of the admiralty, two letters which I have received from captain Stewart, of his majesty's ship the Seahorse, dated the 6th and 8th of July, giving the account of his having fallen in with a large Turkish frigate and corvette on the evening of the 5th of that month, off the island of Scopolo, and, after a severe action, taken the Badere Zafer, a Turkish frigate of 52 guns and 500 men—the corvette was not seen in the morning.
The example which captain Stewart has given in this action of gallantry and skill, by which his own ship was so well preserved, while his opponent was ruined, must be highly gratifying to their lordships, and marks the highest state of discipline, and the ability of the officers who conducted it.
I enclose also a letter from captain Hopenstall, of his majesty's sloop Kingfisher, of the 27th of June, informing me that he had captured a French letter of
marque the Hercule, of 12 guns and 57 men, off the coast of Caramania.
I am, &c.
COLLINGWOOD.
His majesty's ship Seahorse, off Skyro, July 6, 1808.
MY LORD—I have had the honour to inform your lordship, that yesterday evening we observed two Turkish men of war and a galley coming round the east end of the Island of Scopolo, towards which we immediately made sail. On coming near enough to make out that they were both single decked ships, I determined to bring them to action, having every confidence in the officers and crew of this ship. The action began at half past nine, the Turks going a little off the wind under easy sail, and continually endeavouring to run us on board; indeed I early saw that their chief attention was directed to this object, and as the largest ship appeared of great force and full of men, I kept this ship in a position not to be boarded. At ten o'clock, observing a good opportunity of more particularly attacking the small ship to advantage, we dropped alongside of her, and after a quarter of an hour's hot fire, at half pistol shot distance, her fire having totally ceased, we left her in a state of the greatest distress and confusion, with her sails mostly down, and just before we had left her she had partly blown up forward. By this time the large frigate, which, from having fallen a little to leeward, had not been able to assist her consort, had again got pretty close up, and the action between us soon recommenced; still so obstinate was the resistance of the Turks, that it was not till a quarter past one we rendered her a motionless wreck. As they now would neither answer nor fire, I conceived it most prudent, knowing the character of these people, to wait for daylight to send on board her. At daylight, observing her colours upon the stump of the mizen-mast, we poured a broadside into her stern, when she struck, and I had the pleasure of taking possession of the Badere Zafer, a very fine frigate of the largest dimensions, carrying 52 long brass guns, 24-pounders on the main-deck, except two, which are 42-pounders, and 12-pounders on the quarter-deck and forecastle. She had a complement of five hundred men, and was commanded by captain Scanderli Kichue Alli, who, I am informed, was only prevented by his own people from blowing her up. Her loss in killed and wounded is prodigious: 165 killed, and 195 wounded; our comparatively small, 5 killed and 10 wounded. Our mizen-mast fell soon after the action, which is the greatest injury we have sustained.
The other ship was named the Alis Fezan, carrying 24 13-pounders and two mortars, commanded by captain Daragardi Alli, with a complement of 230 men. I understand they took most of the men out of the galley before the action, and sent her away.
Having now, my lord, given you the details of this affair, there only remains the pleasant office of recommending to you the officers and ship's company, who, during a tedious night action, where much depended upon working the sails as well as the guns, behaved in a manner, to command my utmost gratitude. The disparity of force, with the loss in the enemy's ships, will prove the greatness of their exertions, to which I shall add, that thirty men were absent from the ship. Mr. Downie, the first lieutenant, is an officer of merit, ability, and experience; and I beg strongly to recommend him to your lordship's protection for promotion. Mr. Lester, master's mate, who has passed, is also very deserving of promotion. Thomas Holly, gunner's mate, and an excellent man, acted as gunner; and, from his conduct, is very deserving of such a situation.
I am now proceeding with the prize for any port I can get first into amongst the islands, as it is with difficulty we can keep her above water.
I have the honour to be, &c.
(Signed) JOHN STEWART.
The right hon. lord Collingwood, Commander in chief, &c.
German Linen for Exportation.
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At their Warehouse in Water-Street, at the corner of Marxwell's wharf, for cash, or approved paper only.
54 packages of German Linen, consisting of
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2 case Sheetings,
1 case Bed-Ticking.
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  40 pieces best Russia Canvass,  700 Straws 1-2 pt. Tumblers,    65 do. Topgallant Duck,  30 doz do. Decanters,    8000 Coffee Bags,  350 pieces excellent Oil Cloth,    3,500 Gunny Bags,  300 pieces Paper Hanging,    90 boxes best Spanish Sogars,  3 cases Port-Wine.    50 boxes English Pipes,   
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Nov. 9.
FOR SALE,
30,000 acres valuable LAND,
situated upon the river Washita, in one of the most fertile parts of Louisiana.—Particulars with regard to local advantages, situation, title, and the most favourable terms to purchasers, will be made known by application to THOMAS TUNNO, in Charleston, or MORRIS MILLER, in Savannah. Feb. 8.

The Editor of this paper not having been able to dispose of his establishment on terms correspondent with publick and private considerations, informs his friends that the Norfolk Gazette and Publick Ledger will be conducted under his direction as heretofore.
The Editor avails himself of the present occasion to request those indebted to him to forward without delay their respective balances; without attention to this request, the continuation of this paper, is a matter which does not depend on the will of the Editor.
Ledger Office, Dec. 24th, 1808.
Call for papers.—The repeated attempts which have been made, for the publication of papers, and documents, without success, are too well known to require a particular notice at this time. Of the importance of those papers, we can only judge, from the assertions of members of congress, and from such parts as have been made publick. It is, however, admitted that the time has arrived, when the people of this nation ought to be informed upon the true state of the foreign relations of this country with the two great belligerents. An embargo, already productive of extensive evil, and threatening universal ruin, has existed for twelve months, with a prospect of continuation; a non intercourse law, which will produce additional distress, is, or will in a few days, be in force, and finally the nation is on the point of being engaged in war with one or both the belligerents. Under such circumstances, ought not the people to be fully informed, before they are precipitated into measures, which lead to such serious and ruinous consequences? The persons in power, will, as they have answered by their votes, reply in the negative, and their constituents must submit.
Before the present party came into power, among other clamours which they raised against their predecessors, was the secrecy observed in conducting publick affairs, and yet it is believed, that there have been more secret communications made by Mr. Jefferson in one session of congress, than were made during the whole twelve years of the federal administration.
After the lapse of nearly thirteen years, gentlemen may require to have their memories refreshed, and if they wish to preserve consistency of character, they will not refuse "papers which may contain something, which would tend to reconcile the people."
Every person who is conversant in publick affairs, will remember the call for papers respecting the British treaty. After this treaty was ratified by both governments, and nearly eighteen months after it had been published, and after it had been discussed until it appeared impossible to throw any new light upon it by discussion, the republican party (as they were called) in congress, brought forward and carried the following resolution: "Resolved, That the President of the United States be requested to lay before this house a copy of the instructions given to the minister of the United States, who negotiated the treaty with Great Britain, communicated by his message of the 1st instant, together with the correspondence relating to the said treaty," to this resolution, the following exception was afterwards added, "Excepting such of the said papers, as any existing negotiation may render improper to be disclosed."
It will be remembered that this resolution, was produced by a message of the President requesting Congress to make the necessary appropriations for carrying the treaty into effect. No reasons were offered for this resolution except by Mr. Giles, who said "If he were to judge of the treaty itself, it would not allay that sensibility which had been raised against it; but he trusted the information, which was called for, would in some sort tend to reconcile the publick mind."
We will here insert an extract from the answer of General Washington refusing the papers, which must satisfy every one of the folly of the demand and of the propriety of the refusal. "The nature of foreign negotiations requires caution; and their success must often depend on secrecy; and even when brought to a conclusion, a full disclosure of all the measures, demands, or eventual concessions which may have been proposed or contemplated, would be extremely impolitic; for this might have a pernicious influence on future negotiations; or produce immediate inconveniences, perhaps danger and mischief, in relation to other powers. The necessity of such caution and secrecy was one cogent reason for vesting the power of making treaties in the President, with the advice and consent of the Senate; the principle on which that body was formed confining it to a small number of members. To admit then a right in the house of representatives to demand, and to have as a matter of course, all the papers respecting a negotiation with a foreign power, would be to establish a dangerous precedent."
"It does not occur, that the inspection of the papers asked for can be relative to any purpose under the cognizance of the house of representatives, except that of an impeachment; which the resolution has not expressed. I repeat that I have no disposition to withhold any information"
which the duty of my station will permit, or the publick good shall require to be disclosed; and, in fact, all the papers affecting the negotiation with Great Britain were laid before the Senate when the treaty itself was communicated for their consideration and advice."
We shall not enlarge on the subject, but every one will draw a conclusion not very honourable to men, who without any reasonable cause would urge a demand for papers not important, and now refuse those which may contain information, "that would in some sort, tend to reconcile the publick mind, at the most eventful crisis of publick affairs, that has occurred since our revolution. Many of those who supported the resolution, which we have mentioned, have retired from publick life, and others are dead, but here follow the names of those who are now in publick life, viz. Messrs. Blount, Clopton, Findley, Macon, Varnum, and Winn, of the present house of representatives; Messrs. Giles, Gregg, Kitchell, Maclay, Moore, Israel Smith, and Samuel Smith, of the present senate; Messrs. Gallatin, Madison, and Dearborn, members of the present administration, and Mr. Duval, the present comptroller.—In 1796, these gentlemen insisted on papers, that they had no right to demand, except for the purposes of an impeachment; in 1807 and 1808, they think the people cannot know too little.
We have been favoured with a London paper of the 29th of October, received by the ship Speculator, capt. L'Amy, from Jersey, extracts from which are in our first page. It would appear that the address of the city of London, censuring the convention in Portugal, has been very unfavourably received by the king, whose answer we have not received, but the proceedings of the city council, in consequence of that answer we have inserted—it breathes a spirit of independence very honourable to the council.
General Prevost's expedition.—We have been, not a little surprized, that this expedition has not excited more attention in this country, particularly in those political centinels to whose vigilance the destinies of this nation are committed. In a London paper of the 29th of October, it is stated, that the expedition under general Prevost, was, by the last advices from Halifax, ready to embark at a moment's warning. The advices from Halifax must have been down to about the 20th; to the 26th of September. The troops under General Prevost were sent out to Halifax, in consequence of the situation of affairs with the United States; in plain words, to be ready to act in case of war. Now we cannot perceive any change in affairs, that renders a war between the two nations less probable at this time than twelve months since; on the contrary, if appearances are to be trusted, the probability is increased. This expedition remained ready to embark, from the latter end of September to the last of November, when it sailed from Halifax. We do not believe that Great Britain wishes a war with the United States, but whether she may not consider it as unavoidable, we do not undertake to say. If she judges from the sentiments of those in power, and the papers under the patronage, and influence of the administration, war, (unless she rescinds her offensive and injudicious orders,) must appear to her unavoidable. Under such circumstances, we confess that we cannot rid ourselves of suspicions that General Prevost's expedition is wholly disconnected with some object towards this country. Great Britain in case of war, has the protection of her Canadian dominions to attend to, and this can be done by calling the attention of the United States to the defence of their own possessions, as well as by sending troops into Canada. With such a view, and considering the connection between Spain and England, New-Orleans appears to be a point to which our government cannot bestow too much attention. A force competent to resist 6000 troops ought to be there, for we should consider it a fatal day, if Great Britain and Spain, should ever act in concert on the Upper and Lower Mississippi.
Averse as we conceive Great Britain, is to war, we believe when she perceives, that it cannot be averted, she will act promptly, and without giving us much notice. It used to be the practice, in what our reformers would call the barbarous ages, for nations to publish a declaration containing the reasons for going to war, by way of apology to the world—it is now the practice to strike first, and make the apology afterwards.
Opposed to our speculations, it may be observed, that should a war between the two countries take place immediately, the United States can make no attack on Nova Scotia until the next spring or summer, consequently that the troops under the command of general Prevost may be employed in the West Indies, or any where else, and have sufficient time to return.
We however must confess that the probability of war increases; and we are happy to understand that government are making vigorous and extensive preparations to meet it by their measures, in which they will find the support of all parties, & none more than by the federalists, whose maxims are, "to avoid war, let us shew that we are prepared for, and not afraid to meet it, that we know our own strength without boasting of it, and that we can respect the strength of another nation without fearing it."
The intelligence received by the way of Havanna,
of the surrender of Joseph Buonaparte and his army is, we fear, incorrect; it will be seen, however, by our London advices, that the army of Marshal Ney, was shut up in Bilboa, and it is not improbable that this army has been obliged to surrender, and upon which the intelligence from Havanna is founded.
We have received no papers north of Richmond by the last two mails, except one from Baltimore.
Mr. Giles's bill, after receiving several amendments from the committee to whom it had been referred, was on the 20th, ordered to a third reading. It must be allowed that no bill ever more needed amendment.
DIED on Friday last, at his seat in the county of Northampton, WILLIAM EYRE, Esq. aged 36 years. If not extensively known, wherever the subject of our present notice was known, he was respected and beloved. The unassuming modesty, and unaffected frankness of his manners, were highly prepossessing, and the integrity, and benevolence of his heart, were certain to justify and improve upon first impressions. To us, the deceased was intimately known, and it is that knowledge of his worth, which makes us feel our inadequacy to express ourselves in terms suitable to his merit. If the afflicted and tender relatives can be consoled under this heavy dispensation, it certainly must be consoling to know, that their departed friend, though green in years, was ripe in virtue and rich in the affections of all to whom he was known.
LAW INTELLIGENCE.
REPORTED FOR THE LEDGER.
District Court of the United States at Norfolk, December, 1808.
The United States vs. Hopkins and others. In debt.
This was an action of debt brought to recover the sum of 1200 dollars, the penalty of the bond given by the defendants for the enrollment of the schooner Caroline.
The declaration set out the bond and the conditions, among which was the following, "and if the said schooner Caroline shall not proceed on a voyage to any foreign port or place without being duly licensed according to law for carrying on the cod or whale fishery, and without obtaining a permit to touch and trade at a foreign port or place during such voyage, or without previously surrendering the said certificate of enrollment to the collector of the district from which such foreign voyage shall be proposed to be made then," &c. This condition it was averred had been broken in this, "that the said schooner Caroline on the day of 1808, proceeded on a foreign voyage, to wit: on a voyage to Antigua, which was a foreign place, without being duly licensed according to law for carrying on the cod or whale fishery, and without obtaining a permit to touch and trade at a foreign port or place during such voyage, and without previously surrendering the said certificate of enrollment to the collector of the district from which such foreign voyage was proposed to be made, viz. to the collector of the port of Norfolk and Portsmouth: by reason whereof the said bond was forfeited and its penalty demandable."
To this declaration there was a general demurrer, in which the United States, having joined—the cause came on to be argued by Hay, district attorney for the plaintiffs, and by Taylor and Tazewell for the defendants.
For the defendants it was contended—that the condition above stated for a breach of which alone this action was brought, was, 1. a condition not authorized by the statute, 2. a condition contrary to the express provisions of the law which permitted and required the bond, 3. a condition hostile to the genius and spirit of all our laws upon the subject of navigation and commerce. And if so, that the condition was void, and no action could be maintained for a breach of it.
In support of these propositions it was said, 1. That the only law which permitted or required any bond to be given for the enrollment of a vessel, was the act of congress passed on the 18th of February 1793, entitled "An act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same"—2 vol. laws U. S. 168. That this statute contained in itself, no direction as to the form or contents of a bond to be given for the enrollment of a vessel, and indeed contained no direct declaration that any bond should be given at all—The second section of that law declares, that "in order for the enrollment of any ship or vessel she shall possess the same qualifications, and the same requisites in all respects shall be complied with as are made necessary for registering ships or vessels, by the act entitled "An Act concerning the registering and recording of ships or vessels," and the same duties and authorities are hereby given and imposed on all officers respectively, in relation to such enrollments, and the same proceedings shall be had in similar cases touching such enrollments."
This law having directed the same requisites in all respects to be complied with, and the same proceedings to be had in the case of an enrollment, as had been required in the case of a register by the act therein referred to, altho' the act concerning the enrolling of vessels contained in itself no specific direction requiring a bond to be taken, or prescribing the form of such bond, yet as the act concerning the registering of vessels did make the execution of a bond a requisite to be complied with and proceeding to be had as in the case of a register; a similar requisite and proceeding was exacted in the case of an enrollment. Expunge this statute from our code and no bond can be required of an enrolled vessel—Admit this statute and the only bond which it requires is a similar bond to that required in the case of a register.
The "Act concerning the registering and recording ships or vessels," which is referred to as above, in its seventh section declares by whom, to whom, in what penalty, and with what condition a bond
for obtaining a register shall be executed.—See 2d vol. Laws U. S. 137.—Compare this bond with that section, and you will discover their precise concordance, until you come to the condition, which is the foundation of the present action, and which is no where to be found in the law—Nay, it would be strange indeed, if we expected to find any such condition in a bond of registry, remembering, as we must do, that the sole inducement for taking a register, is to qualify the vessel which receives it, to proceed on a foreign voyage. This condition, therefore, is not authorised by law.
2. By the 8th section of the Act of Congress, concerning the enrolling vessels, it is provided "that if any ship or vessel enrolled or licensed as aforesaid, shall proceed on a foreign voyage without first giving up her enrollment and license to the collector of the district, comprehending the port from which she is about to proceed on such foreign voyage, and being duly registered by such collector, every such ship or vessel, together with her tackle, apparel and furniture, and the goods, wares and merchandise so imported therein, shall be liable to seizure and forfeiture."—See 2d vol. Acts of U. S. p. 174. By this bond a penalty of twelve hundred dollars, is imposed by the collector for the performance of the very same act. To support this action, then it must be contended, either that the collector, by his penalty, has repealed that imposed by the law, or that the offending individual is subject to two penalties for the same act, one imposed by the collector, the other by the law. But as both these propositions would bestow high legislative authority on a very humble ministerial officer of the executive, it is believed that neither can be contended for, but that it must be admitted that this condition is contrary to the expressed provisions of the statute, which imposes another and a different punishment for this act.
3. To support the third position, viz. that such a condition was hostile to the genius and spirit of all our laws upon the subject of navigation and commerce, the defendant's counsel entered into a critical and historical examination of all these laws. The characters of the various vessels engaged in the trade of the United States were stated, and they were divided into the following classes, to wit: Foreign, Recorded, Registered, Enrolled, and Licensed vessels. The privileges and duties enjoyed by, and imposed upon each of these classes of vessels, were also detailed, and supported by a reference to the various statutes imposing duties on tonnage and goods, and regulating the collection of duties. It was then argued, that Congress, having distinguished these vessels as above, and having endowed them with different privileges, and imposed upon them different duties, it became necessary to establish some standard, whereby the one class might always be distinguished from the other by those who were authorized to exact the performance of these duties, or permitted to grant these privileges. Hence certificates of record, registry, and enrollment were introduced as constituting the sole evidence, and fixing the standard whereby the different characters of vessels were to be ascertained. But as these documents might be misused, and others not entitled to the privileges which followed their possession, might enjoy such privileges by obtaining the documents themselves; to guard against such frauds, bonds were required to be executed by those who first obtained such documents. The sole object of these bonds being to preserve American documents in American hands, the condition of such bonds attained this object, and none other. A reference to the seventh section of the act, before stated, 2d vol. Laws U. S. p. 137, would establish this position.—There it would be found, that the only conditions annexed to a bond of registry, referred to the proper use of her documents, and similar proceedings were directed to be had in the case of enrolled vessels.—These being the only kinds of American vessels which were capable of engaging in foreign trade, and therefore of misusing such documents, the bonds for these, referred to this object only. As to licensed vessels, they being under twenty tons, and incapable of engaging in foreign trade, no misuse of their documents could be had to the detriment of the revenue; and, therefore, no such bonds were exacted from them as were required from the others. Frauds against the publick revenue by smuggling, being the only mischief which such vessels were capable of committing, the condition of the bond executed by those concerned in a licensed vessel, referred to this object, and to none other. Hence it was concluded, that the insertion of such a condition, as was found in the present bond, was hostile to the spirit of all our laws upon the subject of navigation and commerce.
Having established these points, the counsel for the defendants observed, that no argument would be used to prove that such a condition not authorized by the statute, contrary to the expressed will of the Legislature and hostile to the spirit of all our laws upon this subject, was void in itself—This point would be taken as granted, until it should be denied by the counsel for the United States. If the condition was void, no action could be maintained for a breach of a void condition, and therefore as the only breach assigned for the forfeiture of the bond in question was a breach of this condition, the present action could not be maintained, and the demurrer must be established.
The defendants counsel concluded the argument by shewing the absurd effects and tyrannical consequences which would result from permitting public officers to insert in bonds which they have authority to exact from individuals any condition which they thought proper, and which the law neither required nor permitted.
The argument on the part of the defendants being concluded, the court gave their opinion, that the certificate of such registry, shall be solely used for the ship, or vessel, for which it is granted, and shall not be sold, lent, or otherwise disposed of, to any person or persons whomsoever; and that, in case such ship or vessel shall be lost, or taken by an enemy, burnt, or broken up, or shall be otherwise prevented from returning to the port to which she may belong, the said certificate, if preserved, shall be delivered up, within eight days after the arrival of the master, or person, having the charge or command of such ship or vessel, within any district of the United States, to the collector of such district; and that if any foreigner, or any person or persons, for the use and benefit of such foreigner, shall purchase, or otherwise become entitled to the whole, or any part or share of, or interest in, such ship or vessel, the same being within a district of the United States, the said certificate shall, in such case, within seven days after such purchase, change, or transfer of property, be delivered up to the collector of the said district; and that if any such purchase, change, or transfer of property, shall happen, when such ship or vessel shall be at any foreign port or place, or at sea, then the said master, or person having the charge or command thereof, shall, within eight days after his arrival within any district of the United States, deliver up the said certificate to the collector of such district.

ing concluded, Hay, District Attorney, said - That he should not pretend to deny the truth of the concluding argument which had been urged by the defendants, but would admit that a condition in a bond taken by a public officer, which was not authorized by the law, which required the bond was void, and that no action could be maintained for the breach of such a condition. Whether the condition in the present bond was of this description or not he would not pretend to say at present - If the laws referred to by the defendants counsel were the only laws upon the subject, the argument which had been urged was unanswerable. But the bond in question had been taken in pursuance of instructions received by all the collectors in the United States, from the treasury department in the year 1793, shortly after the enactment of the laws which had been referred to by the counsel for the defendants - Supposing that the officer of that department was perfectly acquainted with the law, under which he was acting when these instructions were given, and indeed being convinced of this, not only from the general character of the department itself, but from an universal acquiescence in the form of the bond by every individual who had executed such a bond for 15 years past, he had not deemed it necessary to examine the form of the bond and to compare it with the law which required it upon the present occasion. He therefore hoped the court would allow him some time not only to examine the various acts of congress upon this subject himself, but to consult with the officers of the customs whose duty it was more particularly to attend to such matters, in order to inform himself if there were any other provisions in the laws which had been cited, or any other statutes which applied to this case. The Judge granted this application, and the cause was continued for several days.
On Monday last, Mr. Hay stated to the court, that he had not only made every examination into the subject which he could, but had also applied to the officers of the customs for their aid in this research - It had been in vain, however, for no other laws could be found applicable to the case, but those to which the defendants counsel had referred - The positions for which they had contended under those laws he could not deny, and therefore with the consent of the defendants counsel he should dismiss the cause. This was done accordingly, and at the same time several other causes which had been instituted in similar bonds, were also dismissed. The Judge expressed himself perfectly satisfied with the argument on the part of the defendants, and would have dismissed the prosecution if it had not been done by the consent of the parties.
MR. LLOYD'S SPEECH In the Senate of the United States, November 23, 1808, on Mr. Willoughby's Resolution.
MR. PRESIDENT, I feel impelled, sir, by a sense of duty, and by the observations of the honourable gentleman last up, (Mr. Giles) to make some further remarks on this subject.
When I had the honour before to address the Senate, I did not enter into any numerical statements, which, as a mercantile man, might have been expected from me, of the value of the trade which would yet remain to be prosecuted from the United States, notwithstanding the existence of the French decrees, or the British orders in council; nor did I enter into any detailed examinations of the different degrees of suffering, sustained by different sections of the United States, in consequence of the existing situation of our affairs. The reason why the latter was omitted will be presently mentioned. The reasons for not noticing the former were, that having seen so many details in the newspapers and other ephemeral publications, founded apparently on correct data, that I did not consider it necessary to lay any further statements on this subject before gentlemen who must be so well informed as the honourable members of this house. But, sir, I had other reasons: having been recently introduced into the senate; not being much accustomed to publick speaking, and being very unexpectedly called into debate, I felt desirous to take up as little of the time of the senate as could be done with propriety, being much more disposed to listen to the arguments of other gentlemen, than to obtrude upon them any remarks of my own.
When I objected to the postponement on the first day of the debate, it was not my intention at that time to have expressed my sentiments on this subject; but I had hoped to have heard the gentleman from Virginia, who addressed you yesterday, and whom I had observed taking notes for the purpose. Had I been present and heard the observations of the gentleman from Kentucky, (Mr. Pope) which I have since seen in the newspapers, I should not have objected to the postponement; as it will always afford me pleasure to meet with civility and respect the wishes of any member of the senate.
To do away any erroneous impression which may exist, these observations are not perhaps wholly useless.
When I before rose, sir, no gentleman in opposition to the resolution had then spoken on it; and having risen unexpectedly, I could only rely on conjecture for the grounds of that opposition. When I came to this city, from the general publick impression abroad, my expectation was, that the embargo would be raised. The question then was, if the embargo were raised, what was next to be done? Of the leading gentlemen with whom I conversed, some have said we must have war; that the question would come to this point in a month; some with one of them. As I was not Quixotick enough to think of fighting at the same time with the two nations, who command nearly all the force of Europe, the question, in my mind, for the consideration of congress, was narrowed to this point: ought we to go to war with France or Great Britain? And from this view I made the discrimination between the circumstances of those two powers when I last addressed you: and I have now no hesitation to say, if we must have war, it would, in my opinion, be preferable to have war with France, rather than with Great Britain.
A great deal has been said in relation to the orders in council, and the act of parliament under them, imposing a duty, tax, or tribute - call it as you please - on the transportation of American merchandise from Great Britain to the ports on the continent. I shall say but a few words more on that subject. France says you shall not go to England on any terms - England says you may go to France on certain conditions. Now, sir, as I have been
taught to believe that the whole includes all its parts, I do not see by this how a limited exclusion can be more than a total one. England then had not, in this instance, behaved worse than France - they have both behaved bad enough. Still, after making these observations, I wish not to be misunderstood. The regulation is an offensive one; and if any gentleman will bring in a bill, making it highly penal for any American owner or master of a vessel to purchase this license for proceeding in his voyage from the United States to the ports on the continent, through the medium of Great Britain, or should pay the tax, and proceed, after being coerced into a British port, I will cheerfully unite with him in passing such a law.
With regard to the orders in council, the British say they are measures of retaliation, to be retracted as soon as the decrees which occasioned them shall have been withdrawn on the part of France. Gentlemen say they do not believe these professions - but that Great Britain has deeper and more hostile views than these; that she is jealous of the prosperity of the United States, and fears them as a commercial rival; that she wants to cripple and destroy our trade.
Admitting this to be the fact (and very possibly it may be in part well founded) what does your embargo effect? I contend that it is an act of absolute submission to her. This is strong ground, and I wish to have it noticed. Suppose Great Britain has the dispositions you attribute to her; she will not now attempt to enforce them: she dare not attempt to drive you from the ocean, because her own interests would at this time be materially injured by it. Suppose she were to attempt it, what would be the consequences? Suffer even the merchants to arm their vessels, and her convoys and her minor cruizers would occasionally experience some unpleasant encounters. In adjusting the depending accounts of her merchants with this country, she would sustain some inconvenience; and she would also be obliged to submit to the loss of her colonies on the continent of America, now become doubly dear to her, from their recent prosperity, and from the supplies she is drawing from them for the support of her settlements in the West Indies. Now, sir, what does the embargo effect? By it you are doing for Great Britain, without any inconvenience to her, precisely what she will venture to do for herself - Great Britain says, you shall trade only partially; and you agree to trade not at all. The continuance of the embargo is, therefore, complete submission to her.
Much has also been said about British influence, and certain passages have been read from the memorial of the merchants of Boston, for the purpose, as I suppose, of demonstrating an inconsistency in their opinions in 1806, and at the present time. I have not seen the paper for these two years; but there is no inconsistency in it: the sentiments entertained then are the sentiments entertained now. Great Britain violated our neutral rights: the merchants of Boston complained to their government in pointed terms, and called on it for protection and redress against Great Britain. Was this an evidence of British influence? The charge, however, existed at that time as well as at the present; but the scene is changed; we had not then a Berlin decree, a Milan decree, a Bayonne decree; our vessels had not been wantonly burned on the ocean, nor had we received any letters from Champagne.
And on this subject what says the secretary of state to general Armstrong? He tells him, that "the burning of neutral vessels detained on the high seas is the most distressing of all the modes by which belligerents exert force contrary to right, and in proportion as it is destitute of apology ought at least to be the promptitude and aptitude of redress." Has this redress ever been obtained? To my knowledge or belief it never has. The merchants of Boston, therefore, probably think that a war with France would now be more for the honour and the interest of the United States, than a war with Great Britain. For thinking this, are they justly chargeable with being under British influence? This is an old story. I shall take none of it to myself, nor admit any of its allusions. I challenge any one to produce a shadow of plausibility for any such imputation. I know they were not meant as personal allusions.
Notwithstanding all that has been said, the gentleman from Virginia still considers the embargo as a coercive measure; and if it is not, I know not what good it can effect; and if this good be not effected, then it ought not to be persisted in.
The gentleman seems to think, that by its continuance, Great Britain may still be seriously affected by her want of bread stuff, of timber, of tobacco, or of cotton. Sir, I am sorry that in this discussion we have to refer so much to foreign nations, and sometimes to appear to place their resources in opposition to our own; but I know of no other way, in which to take into consideration the propriety of this embargo, or the effects that are likely to be produced from it. The statements, if correct, must be known to them, if not to ourselves; and we ought also to know them.
The gentleman from Virginia thinks that the want of our bread stuff will affect Great Britain. From his extensive knowledge he must know, that the annual consumption of grain in Great Britain is estimated at about one hundred and fifty millions of bushels: that the whole of our exports, reconverted the flour into wheat, is about seven millions three hundred thousand bushels. Now admitting that every kernel of this grain used to be sent to Great Britain (which is very far from the fact) does the gentleman expect seriously to operate on Great Britain, by retaining within our ports five per cent. of all the grain she consumes? Surely not, sir.
The gentleman also thinks that the want of our timber may affect her. Does he recollect that she now has at command the forests of Sweden, of Canada, Nova Scotia, New Brunswick, and the whole coast of South America? With these resources, is it possible she can want timber? No, sir; and the worst evidence of it for us, is, that she has just laid such a new duty on timber from the United States, as, if the trade were now open, would amount to nearly a total exclusion from it.
Will she want tobacco? There are gentlemen on this floor so much better informed respecting this article, that I shall say little about it. It is not a necessary of life; and what is produced in the West Indies, the Caraccas, the Brazils, and the Spanish provinces, must, I should presume, be sufficient to prevent the embargo from affecting her by this commodity.
Does she want cotton? Yes, sir, she does. Although the mention made by the gentleman, of the
"bad trade at Manchester," is not a very happy illustration of the fact, too lively an interest cannot be paid to this article by the government of the United States. It is the great staple of the country, and more especially of the southern states. Great Britain imports seventy millions of pounds of cotton annually.
The exports from the United States of this article amount to above sixty millions of pounds; of this, Great Britain takes about two-thirds; say, however, she receives from us forty-five, or fifty millions of pounds in a year, and that this supply is very important to her manufacturers: the question then is, whether, if we abstain from all intercourse with her, she can supply herself elsewhere? I fear she can. In addition to the increasing supply of her own West-India colonies, the Brazils can furnish fifteen millions of pounds. The annual export of cotton from the British from Bombay to China, is from fifteen to twenty millions of pounds, which can be sent to Europe with a profit. Here then are at least thirty millions of pounds. The cultivation of cotton in Bengal is progressing; and Spanish America will further increase the stock. But I fear we have in our own neighbourhood, a much more formidable competitor than can arise from any of the aforementioned places: the commerce of the whole coast of Guiana is under the controul of Great Britain; a coast of three hundred miles in extent, as well calculated for the production of the best kind of cotton as any in the world. Until within a few years, it scarcely produced any quantity of importance. It now brings into the market more than fifteen millions of pounds annually, and is considered as being capable of producing, in a few years, more than sixty millions of pounds.
One of the worst effects of the embargo is, that it has trumpeted abroad what we never ought to have divulged: it has taught other nations the secret of their own self-dependance; it has induced them to seek new avenues of commerce, and when we are ready again to trade with them, it is greatly to be feared, that they will not leave their new, to return to their old customers.
The gentleman from Virginia (Mr. Giles) thinks the embargo may be considered as a fortunate measure; that the people in his part of the country are contented with it; that the interior is improving; that Philadelphia has increased, and so have Georgetown and Washington; that the condition of the farmers in his neighbourhood have been ameliorated; they cultivated too much land before; they now raise less produce, but they are better situated. If this reasoning of the gentleman be sound, pursue the amelioration still further, and he will find his countrymen becoming exceedingly wealthy when they possess nothing at all. I am glad, however to hear that any part of our country is in a prosperous situation. I should rejoice were the country whence I came, similarly circumstanced. With us industry is paralyzed; our produce is rotting on our hands, and real estate has become nearly unsaleable. This may in part arise from the difference in the nature of our produce. The principal products of Virginia are, I believe, wheat, corn, and tobacco. The gentleman says our exports are beef and fish. These are among the principal. Cattle not be sold while beef cannot be exported, and must, therefore, be killed and lost, or kept on hand for better times, at an expense exceeding perhaps its value. In little more than twelve months, the fish must return to the ocean in a much more worthless state than it was received from it; while the tobacco of Virginia for a time improves from age, and the grain with care may be kept two or three years without essential injury.
The gentleman from Virginia also says, that the constitution of the United States has mostly benefited the eastern states; that it is immaterial to the southern and western states who are the carriers of their produce; the discriminating duties in favour of American shipping, are nothing to them; that the northern states hold the publick debt; and I understood him to say, that the southern states protect them.
The constitution, sir, was a matter of compact; the partners to which, like the partners to all other contracts of the kind, probably surrendered something of their individual advantages for the general benefit.
Have the middle and eastern states surrendered nothing? For what reason is it that northern citizens, on the floor of the other branch of the legislature, have not an equal representation with southern citizens? It is because it was part of the compact; it was a concession made by the eastern states; and for what? for the protection of their commerce. How was this expectation expressed at the time of the adoption of the constitution? Emblematical representations of commerce and navigation, ships in miniature, were drawn triumphantly through the streets of all the principal sea-ports in the eastern states, as indicative of the expected protection to commerce from its adoption. - Without American navigation, how would southern produce have found a market for the last ten years?
As to the publick debt, it has nothing to do with the question, unless you wish to criminate those who shewed most confidence in the stability of your government.
With regard to protection, sir; against whom do the northern states want protection? they have no internal enemies on their frontiers, against whom they cannot protect themselves. The assistance of the southern states may be useful in protecting their commerce from European enemies. If this can be done, and they can have an open trade, it is all they ask.
The drawing parallels of the different degrees of suffering, in the different sections of the union, is an unpleasant task; but in my opinion my duty requires it. I cannot believe, with the gentleman from Virginia, that any part of the United States is prospering under the present state of things. No, sir, we are all suffering too much. He does not agree with other southern gentlemen, and among them with his colleague. I think he stated that Virginia, he believed, suffered as much as the eastern states. This ought to be understood. For a national object our sufferings ought to be nearly equal. I will therefore make a short statement to shew how the state of Virginia, and the state I in part have the honour to represent, (Massachusetts) are relatively affected by our present situation. They are both great states.
By the returns from the treasury office, it appears, that in the year ending September 30, 1807.
Virginia exported of foreign produce to the amount of, Massachusetts, $ 367,713 13,926,377
Virginia exported of domestic produce to the amount of, 4,303,521
Massachusetts, 6,185,748 thus then Massachusetts exported, of domestic produce, half as much again as Virginia, and more than thirty times as much of foreign merchandise.*
But, sir, take another view of it. Large as it may be, take no account of the whole amount of the exports of Massachusetts as above stated, about twenty millions of dollars; retain in the account all the exports of Virginia, about five millions of dollars: taking it in this confined point of view, which suffers most?
The inhabitants of Massachusetts, in general, cultivate a soil which yields to their unremitting industry the necessaries of life; but affords none of the great staples of the southern states; still they envy not their southern brethren the possession of a happier climate, or more fertile region. They do, however, consider the ocean, which the bounty of God and nature has spread before them, as in some degree their property: they consider the use of it as their birth right, as an inheritance bequeathed to them by their ancestors. Those of them who live on the sea-board look to it as the means of their subsistence: their vessels are therefore to them what his farm is to the Virginian.
Of the whole tonnage of the United States, Massachusetts possesses more than one third. She has 450,000 tons: Virginia has 69,000 tons. Deduct these 69,000 tons, and estimate the residue at two dollars per ton a month, which is about the common rate of charter in times of active employment, and it will give upwards of nine millions of dollars for a year. Discard from this statement nearly one half the sum on account of the embarrassments on our foreign commerce, which might remain after the embargo was raised, for the remnant of the coasting trade which is yet prosecuted, for occasional want of employment, and for other incidental deductions, and there will then be left a sum, lost to the owners of navigation in Massachusetts, not much less than the entire amount of the exports from Virginia, as stated in the returns; with this difference, that the produce of Virginia yet remains, and one half, or one third, or a greater proportion, of its value may be now had, or may be obtained when the embargo shall be raised. Not so with the produce of navigation; that is totally lost; it does not exist, nor remain on hand like cotton or tobacco.
I regret extremely that the situation of different parts of the union is, to my view, so different; and that a sense of my duty to my more immediate constituents requires me to make the contrast: but be it what it may, the independence of the country is to be preserved at all hazards; and the people of Massachusetts will, I trust, always manifest a love of order and of patriotism, which will carry them through every danger which menaces the constitution.
Gentlemen opposed to the resolution say, that those who have brought it forward propose no substitute for the embargo; and that the gentleman from Virginia says, that I in particular have given no intimation on this head. I have no reserve in my opinion on the subject. I am free to say, remove the embargo, suffer the merchants to arm their vessels, put the nation in a state of defence, and assert your well-established and indisputable rights, or perish in the contest.
* How far the coasting trade may vary this statement is uncertain, as there are no documents before congress specifically showing the state of it. On the one hand a considerable quantity of the produce of Virginia is shipped from the seaports of other states; while on the other, Massachusetts also ships to the same ports very large amounts of India and European merchandise, as well as considerable quantities of domestic produce and manufactures. And the India and China trade from Massachusetts alone, must amount to at least two million of dollars more than their proportion of the amount as stated in the documents, owing to the principal part of that trade being prosecuted with specie, which is not included in the returns.
AUCTION. By JAMES TAYLOR, Jr. TOMORROW at 12 o'clock, at his office, for ready money, for the benefit of the concerned, in the cargo of the Schooner Catharine, capt. Balfour, Forty pieces BRITANNIAS, damaged on board said Schooner on her voyage from Philadelphia to Savannah. Dec. 28.
The Pew Holders and Members of Christ Church are requested to meet on Saturday at 12 o'clock, at said Church, on business of importance Dec. 28.
NOTICE. The co-partnership of Brown & Mosely, will be dissolved on the 14th of January next - Those having claims against the concern are requested to present them for settlement, and those indebted will please make payment on or before the 1st of February next James Brown, Basset Mosely. Dec. 28.
The Subscriber being about to leave this State, is anxious to settle his individual affairs Those having claims against him are requested to hand them in for settlement - and those indebted, to make immediate payment. James Brown. Dec. 28.
27,000 feet MAHOGANY, 5 ton LOGWOOD, 3 do. BRAZALETTO, 60 lb. TORTOISESHELL, being the CARGO of the British Schooner Hannah, from Honduras, landing this day on our wharf. And for Sale, by C. & F. Whittle. ** We will barter 300 bds. Petersburg tobacco for colonial produce Dec. 28.
TO HIRE. A Negro Man, Accustomed to plantation work. Apply to the Printer. Dec. 28.
WANTED ON HIRE, A Negro Woman, Boy and Girl. Apply to B. Reynolds. Dec. 28.
The CARGO of the British Schooner Commerce, captain Collins, consisting of COFFEE and SUGAR. For Sale by C. & F. Whittle. Dec. 5.
Newcomb's Packet, will sail for New-York on Sunday next. Dec. 28.

For Freight or Charter, TO NEW-YORK OR BOSTON, The Schooner CORNELIA, Captain Fash, will take freight for either the above ports, provided sufficient quantity offers to make it an object. For terms, apply on board at Machine's wharf. December 24. 31*
BRIG MOSES MYERS. NOTICE. —All those who had an interest in the American Brig Moses Myers, Captain Barclay, Master, or her cargo, captured by the French in the year 1800, on a voyage from Malaga to Norfolk, and re-ca, tiled by the British privateer Rover, and carried into Halifax, Nova Scotia, by applying to the subscriber, will receive their proportion of the funds collected from the receivers, by the agents of the claims, according to a decree of the high court of appeals in Great Britain. Robert Maitland. November 4. 2m
FOR SALE, By the Subscriber, on Reasonable Terms, 10,000 wt. Prime Green COFFEE, in casks, 20,000 wt. good quality, do. in bags, 5,000 wt. do. COCOA, do. 450 boxes Brown Havana SUGARS, 150 do. White do. 100 barrels first quality Muscovado do. 8 hds. second do. do. 85 puncheons Aruba, Grenada and St. Kitts RUM, 56 hds. Martinique and St. Kitts MOLASSES, 40 hds. TENERIFFE WINE, 50 qr. casks do. do. 8 pipes London Particular MADEIRA WINE, 8000 bushels Liverpool SALT, 45 barrels New-England RUM, 90 barrels MACKAREL, 5 tons CORDAGE assorted, 50 barrels BEEF, 30 do. PORK, New York Inspection, 100 boxes COD FISH, 50 DEMIJONS, 100 GIN CASES, 2 crates GIN JUGS, 50 pieces HOLLAND DUCK, 150 cases Bardeaux CLARET, 10 cases OLD HOCK, 50 hds. Richmond TOBACCO, 2,600 barrels Superfine Mayo FLOUR. Moses Myers. Dec 24. 3
FOUR DOLLARS REWARD. Lost from the ship Martin , on the 10th instant, A YAWL, White bottom and yellow mouldings, with the name of the ship on her stern. The above reward will be given to any person who will return the boat to the ship, or deliver her to Christopher Fry. December 24. 3t
MACKINDER & WHITE, OFFER FOR SALE, FOR CASH or APPROVED NOTES, 2000 barrels NAVAL STORES, 100 bales Georgia Upland COTTON, 25 bales New Orleans do. 62 barrels APPLE BRANDY, 8 hds. Richmond TOBACCO, 20 hds. York-River, do. 24 hds. Petersburg, do. 100 barrels Smithfield and Carolina PORK, 22 pipes HOLLAND GIN, 9 pipes COUNTRY GIN, 160 boxes FRESH IMPERIAL } TEAS. and GUNPOWDER } 40 boxes YOUNG HYSON } And 500 bbls. Fresh Alexandria Superfine FLOUR ALSO, A General Assortment of DRY GOODS, suitable to the Season. Nov. 14. cM
THE SUBSCRIBERS Respectfully inform the publick, that they intend, under the auspices of Dr. Haller, to open a SCHOOL , for both sexes on the first of November next, at his Plantation called Chesterville, in the vicinity of Hampton in Elizabeth-City County. They propose to teach the following branches, viz. Reading, Spelling, Writing, English Grammar, Arithmetic and Geography, History, Book-Keeping, Bible Lectures, &c. Languages, comprehending Latin, Greek, French, Italian, &c. Terms of tuition for each pupil of the junior class, embracing the first section, Five Dollars per quarter—For the senior class Eight Dollars per quarter. For such Scholars of both sexes as do not reside in the vicinity of this institution, board may be obtained on very moderate terms in the neighbourhood, or with the manager of Doctor Haller. Young Ladies who wish to be instructed in Music, besides the above mentioned branches, may be accommodated with the use of a Forte Piano, and tuition for ten dollars per quarter. Charles G. Lefrere. Thomas Miller. Chesterville, Elizabeth-City County, } September 24, 1808. 1aw6w
TURKS ISLAND SALT. 3000 bushels Turks Island Salt now on board, the brig Alert , captain Hatchard, from Turks Island, for sale by William Pennock. Dec 21.
FOR SALE, On board the sloop Merit , at Campbell's Wharf, Stone Lime, and first quality English Hay, brought under deck.—The said SLOOP will take freight for any port in the Chesapeake.—Apply to the master on board. Dec 21 3*
The Members of the Dismal Swamp Company, are requested to meet at Suffolk on the 28th of December. That place is preferred for a meeting, because it is a very small distance from the land, and the members will have better opportunity of information as to the whole business of the company than at any other place.—Those who may not attend will be pleased to give powers to others to act for them. William Nelson, } Managers. John Bracken, } Curtin Griffin, } Dec. 2. At the particular request of some of the Members, the Meeting is postponed to the 17th of January, and also Williamsburg appointed instead of Suffolk. Wm. Nelson, J. Bracken, Curtin Griffin. December 19. 117thj
Phoenix Fire-Office, Norfolk. NOTICE. The following Policies issued from this Office expire in the month of December, viz. 283,109 1 283,174 170 175 171 176 172 177 173 178 Richard Taylor, Agent. December 19.
Phoenix Fire Office, No. 13, MARKET-SQUARE, NORFOLK. INSURANCE UPON SHIPS. NOTICE is hereby given that the following premiums only, will henceforward be charged by this company for insurance from fire upon Ships, Vessels, and all Water Crafts, and also upon Cargo on board, in the seaports and rivers of Virginia and North-Carolina.
  One month 12 1/2 cents per $100   Two do. 20 do. do.   Three do. 25 do. do.   Four do. 30 do. do.   Five do. 35 do. do.   Six do. 40 do. do.   Seven do. 45 do. do.   Eight do. 50 do. do.   Nine do. 55 do. do.   Ten do. 60 do. do.   Eleven do. 65 do. do.   Twelve do. 70 do. do.   The above premiums will be charged for any sum not exceeding 40,000 dollars in one risk; but a separate sum must in all cases be specified on the ship and another on the cargo. Richard Taylor, Agent. Dec. 19.
FOR SALE, by the Subscriber, 50 tiers RICE; 50 bales COTTON. GEORGE RAINCOCK. Dec. 16. 1m
FOR RENT, That convenient BRICK HOUSE in Market Square, at present occupied in part by Mr. Fabre—it is well calculated for two Grocery Stores below, and will be nearly fitted above for the residence of families—possession given the first of January. Apply to William A. Armistead. Dec 14. 3w
To be Hired out from 1st of January, A WOMAN, who is an excellent washer and house servant generally, and a good plain cook.—Apply to the Editor of the Ledger. Dec. 14. tf
NOTICE. All persons having claims against the estate of William Cary, deceased, formerly of York-Town, are requested to present them to the subscriber, for settlement; and all those persons who are indebted to the estate of said Cary, are desired to make immediate settlement—No further indulgence can be allowed. Thomas Griffin, adm'r. York-Town, Dec. 7, 1808. 2w
NOTICE. All persons indebted to the estate of Alexander Macauley, deceased, formerly of York-Town, are requested to present their claims to the subscriber, for settlement—Suits will be commenced against all debtors indiscriminately. Thomas Griffin, Surviving trustee of Alex. Macauley, dec. York-Town, Dec. 7, 1808. 2w
Norfolk Borough, At a quarterly session court held the 28th day of November, 1808. The Marine Insurance Company of Norfolk, PLAINTIFFS, Against Felix Corran, Michael Corran, Noble and Arbutnott, & co and Theodore Arbutnott, DEFENDANTS. In Chancery.
The defendant Felix Corran not having entered his appearance and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this commonwealth, on the motion of the plaintiffs by their counsel, it is ordered that the said defendant Felix Corran do appear here on the fourth Monday in February next and answer the bill of the Plaintiffs, and that a copy of this order be forthwith inserted in one of the newspapers printed in this Borough for eight weeks successively, and posted at the front door of the court house of said Borough; and it is further ordered that the defendants Michael Corran, Noble and Arbutnott, & co and Theodore Arbutnott, who have effects of the said Felix Corran in their hands do not pay, convey away or secrete such effects, but retain them until the further order or decree of this court. A Copy, (Teste,) Wm. Sharp, c. c. Dec. 2.
THE Cols appropriated to the reception of Male Patients in the Lunatic Hospital being all full, no more can be received until further notice.—By order of the Court of Directors, William Russel, Clerk. Williamsburg, Nov. 28. 1m Dec 12
FOR RENT, And possession given the 1st day of January, THE HOUSE at present occupied by Mr. Argote, near the Virginia Bank.—Apply to Edward Roberts. December 9. tf
TO BE RENTED, And possession given the 1st of January, THE HOUSE and LOT on Catharine Street, occupied by Mr. Francis S. Taylor, adjoining Mr. John Taylor's. ALSO, The Fire Proof WAREHOUSE on Maxwell's wharf, now in the occupancy of Mr. John Macgowan, to which is attached a valuable privilege with respect to wharfrage. Apply to John Nivison. Nov. 18. 3w
NOTES, According to the form lately ordered by the DIRECTORS of the VIRGINIA BANK, for Sale at the Ledger Office. Nov. 28.
FOR RENT, THE BRICK STORE, Lately occupied by Mrs. Cox, facing the Market. Apply to Messrs. Wood & Hastings, or Robert Taylor, sen'r. Dec. 5.
FALL GOODS. WOOD & HASTINGS, Have just received a general assortment of SEASONABLE GOODS, Which they will sell at very reduced prices for CASH, by Wholesale and Retail, at No 78, Main-street. October 19. tf
COW POCK. DOCTOR BALFOUR informs those persons who have not had the Small Pox, and who are anxious to avert being susceptible of it (as it is said to exist in the county of Princess Ann about Norfolk's Island, and there has been a case in Richmond,) that he has several arms with a genuine vaccine pock, fit to inoculate from. He will take a young man as a Student of physics. Nov. 16. tf
FOR RENT, That delightful little FARM, Belonging to the estate of David Patterson, deceased, situated on Elizabeth River and Tanner's Creek, adjoining the land of the quarantine house, containing about 65 acres, the greatest part of which is cleared and fit for immediate culture; has on it a good comfortable dwelling house, kitchen, &c. for a small family, a most excellent garden, apple and peach orchard, and its convenience to the best fish, oysters, and Norfolk market, must render it desirable and valuable. For terms apply to D. R. Waddy.
ALSO, FOR RENT, A TRACT OF LAND, Containing about 260 acres, in the county of Princess Anne, adjoining the tract now advertised for sale by Mr. Tully Robinson. This tract is well timbered and well worth the attention of a good farmer, who might in a short time put it in a state of high cultivation. And for Hire. A Valuable BLACKSMITH, With a complete set of Tools. For terms apply as above, or to Capt. Thomas Calvert, near Kempsville. Dec. 12. tf
FOR SALE, or will be Bartered for Tobacco, 78 puns. choice Old Denarara RUM, James Young. October 19. tf
FOR SALE, The CARGO of the British brig Euphemia , from Liverpool, 210 ton Stowed SALT. Robert Dickson. Dec. 5.
FOR SALE, or will be Bartered, in part for Tobacco, Flour, or Naval Stores, 150,000 wt. Muscovado SUGAR, 200 hds. MOLASSES, 500 sacks Liverpool SALT, 5000 bushels GALT SALT, superior quality, 25 crates QUEENS WARE. James Young. October 21. tf
NOTICE. All persons indebted to the estate of David Patterson, deceased, are desired to make immediate payment; and those having claims to render them properly attested, to D. R. WADDEY, Adm'r. Nov. 16. tf
FRESH GOODS. WOOD AND HASTINGS, Have just received, Cambricks and Common Callicoes, Cotton Shirts, Cotton Cambricks, Irish Linens, Long Lawns, Linen Cambricks, &c. ALSO, A few pieces of best London Superfine Bread CLOTHS, and most fashionable Coat BUTTONS, which with their Goods on hand, will be sold at very low prices for Cash. September 9. tf
A BARGAIN OFFERED, In a fine and Valuable FARM, in the County of Princess Anne. The Subscriber is disposed to sell his Plantation called LEVEL GREEN, situated in the county of Princess Anne. It contains about 500 acres; and, as it may be advantageously divided into two or three Farms, the subscriber will accommodate a purchaser, in selling either the whole or a part. He will also give a long credit. This tract of Land is certainly the most desirable in the country, lying on the Eastern branch of Elizabeth River, and distant from Norfolk Market only five or six miles by water, and 8 or 9 by land. The soil is excellent, about one half of the tract being cleared land, and fit for immediate culture; the other heavily timbered with Oak, Pine, Ash, and Hickory. It has also the advantage of several good landings. Any one disposed to view the land, and to purchase, may apply, in the absence of the subscriber, to JAMES ROBINSON, or JOHN READ, who reside in the neighbourhood. Tully Robinson. Dec 7. tf
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 Bush-street, in good repair, and very pleasantly situated. Apply to John Granbery. September 14. tf
THE SUBSCRIBER Wishes to Sell, and will Sell or Rent on moderate terms, Leather, Cordage, and Loaf Sugar. The subscriber will hereafter expose for Sale at his Ware-house on Campbell's wharf the above Articles, of the manufacture of Norfolk, at reduced prices for Cash, or on short credits only. Theo. Armistead. He will sell or lease for a term of years, the STORES at the end of Marsden's and Rothery's wharves. Feb. 20. tf
FLOUR. FOR SALE, BY JOHN GRANBERY, AT HIS WARE-HOUSE ON COMMERCE-STREET, A small quantity of very excellent New Flour, in barrels and half-barrels, now on hand, fit for family use, and a regular supply expected from the Columbian Mills—Richmond inspection. CASH given for good new flour barrels and half-barrels. Nov. 9. tf
J. & W. SOUTHGATE, OFFER FOR SALE, For Cash or short credit, at their store, No. 1, corner of Commerce and Main-Street, A General Assortment of GOODS, suitable to the present and approaching season; AMONG WHICH ARE, Superfine Cloths and Cassimeres, 6 and 7-4 coarse Cloths, Flannels, Bays, Cambricks, Thicksets, Corduroys, Blankets, Plains, Habits, Scarlet Cardinals, &c. &c. Kental Cottons in assorted bales, Coarse Hats in assorted boxes, Nails and Spikes of all sizes, F and F glazed Powder and Shot—ALSO, 200 good Broom Rims, 30 Rees Lard, 60 barrels Smithfield Apple Brandy, 100 sacks Liverpool fine Salt, 60 barrels very white Album Salt, 60 barrels good Coffee, Libecaise, 2 grand and 6 small fine toned PIANO FORTES, And a handsome English made GIG and HARNESS, amount new September 21. 3m
FOR SALE In our Ware-House, where the largest vessel can come along side, 15,000 bushels of CORN, 2000 do. do. white, 50 bales Cotton. ALSO, 4000 bushels coarse SALT, 450 sacks Ground Alum do. 45 hogsheads Old Antigua Rum, do. Jamaica do. 40 hogsheads Sugar, 50 barrels do. A few casks excellent Port Wine, Coffee in hogsheads, Madeira Wine, 45 crates Earthenware, Tobacco from several inspections. GEO. MURRAY, & Co. September 9. tf
FOR SALE at my Brew-House, Strong, Table, and Ship BEER, by the hogshead, barrel, and half barrel—a constant supply of bottled PORTER in packages and by the dozen. And in Store, Wines, Liquors, and Groceries, wholesale and retail. Joseph Hayes. Feb 19. tf
TO BE RENTED, AND POSSESSION GIVEN IMMEDIATELY, Several TENEMENTS in the town of Portsmouth—They will be let at REDUCED PRICES, provided good tenants can be had. Also that desirable little FARM, the COTTAGE, near the Town—The House will be in good repair, and the land is rich. William Leigh. Dec. 5. 3w
FOR SALE, 3000 bushels Turk's-Island SALT, New on board the Sloop Juliana , Capt. Stowe. ALSO, 21,000 feet MAHOGANY, A few puncheons Old Antigua Rum, New do. Molasses, Sugars, Indian Meal in barrels. John Granbery. September 21. tf
Boot and Shoe Manufactory. SAMUEL COLEMAN, Opposite the Market, (westward) has received by captain Hand, from Philadelphia, a quantity of the Highest Priced Boot Legs, Vamps, Tops, and other Materials, for his Factory—He has also Sole Leather, which has been in tan seven years; with these, the best workmen he can get, and the greatest care and punctuality, he believes the people of this place and its vicinity, may be as well served as by any factory in the union. His Stock at present is as good as this country can furnish, and he intends to use no other kind, the price of course must be higher, and when the Boots go the money must come, having found in a number of instances that a few days means six or twelve months, and an application even then for the money is ample cause of enmity. He has on hand a large assortment of BOOTS and SHOES. ALSO, SALT, LONDON PORTER, &c. &c. Fresh SHOES from New-York for Ladies, of red, green, and black Morocco, with 1, 2, and 3 laces. JOURNEYMEN WANTED. The best Boot and Shoe Makers, not only such as can, but such as will do the best work in all cases, may meet with as much encouragement in my factory, as in any in this state, for any state in the union north of this. October 3. tf
SAMUEL J. DYCHER, FROM LONDON, Informs the Inhabitants of this Borough and its vicinity, that he intends, carrying on the following Branches of Carving and Gilding. Looking Glass and Picture Frames made to any pattern; as it is reasonable to expect that there is a number of Looking-Glass, Picture Frames, Ornaments, &c. wanting repair and re-gilding, and a risk of sending such articles to the northward, the disadvantage of not being present to have such work executed to suit any particular fancy, the artist flatters himself a liberal publick will encourage him in his profession. Orders from any part of the Borough or Country will be attended to. Prints, Needle Work, and Drawings, framed in burnish gold; black and gilt Edge Frames, with glasses plain or enamelled; and gilt, oval, or square Prints and Paintings cleaned. D. has on hand PATENT PERPETUAL ALMANACKS, the utility of these Almanacks to every description of persons in a continuing the day of every month for 2300 years to come in a second of time, also to give the day that any person was born on; there is upwards of ten thousand already sold, the third part is now engraving in New-York; they may be had in sheets, or framed and glazed to any price or pattern—they have been put in frames from 2, 6, an 18 dollars—Country Merchants or traders supplied upon liberal terms, purchasers will be taught their use in a few minutes. The likeness of GEN. JACKSON, handsomely coloured; also, the likeness of the Rev. HENRY HOLCOMBE; the number of Subscribers in the different States to the above likenesses, it is hoped will induce a liberal publick to encourage the artist in his profession. Bed and Window CORNICE made to any pattern. N. B. One of the persons in the business is in possession of finally eradicating that dreadful malady the GRAVEL; the stone is dissolved let the magnitude of it be ever so great, by a decoction of simple roots; many valuable lives are lost by the operation of cutting. The Poor cured gratis, and persons at a distance supplied with directions. Orders sent to No. 53, Main-street, opposite Mrs. Street's, will be attended to. September 12
NORFOLK: PUBLISHED THREE TIMES A-WEEK, BY WILLIAM DAVIS, FOR THE PROPRIETOR, Opposite the Exchange Coffee-House. Price Six Dollars Yearly, in advance.