Norfolk gazette and publick ledger (Norfolk [Va.]), 1808-03-09 00:00:00

From the American Daily Advertiser.
IMPORTANT LAW INTELLIGENCE.
Supreme Court of the United States, February Term, 1808.
Present, MARSHALL, Chief Justice. CUSHING, CHASE, WASHINGTON, JOHNSTON, and LIVINGSTON, Justices. FITZSIMMONS, Plaintiff in Error, } vs. THE NEWPORT INSURANCE COMPANY.
ERROR from the circuit court for the district of Rhode Island. The action was brought on a policy of insurance, upon the brig John, captain Barker, for a voyage from Charleston to Cadiz, warranting the brig to be American property; and stipulating that the underwriters should not be answerable for any seizure on account of illicit trade. On the trial in the circuit court, the jury found a special verdict (on which judgment was rendered in favour of the defendants, the underwriters) containing the following facts:
"We find that the plaintiff on the 12th day of July, 1800, caused himself to be insured five thousand dollars, on the brigantine John of that value, belonging to the plaintiff, on a voyage from Charleston to Cadiz, according to the policy and memorandum."
"That the said brig sailed from Charleston under the command of R. Barker, with orders to proceed to Cadiz, on the 18th day of June, 1800: That being arrived off Cadiz, the brigantine was brought to by the British fleet employed in the blockade of Cadiz; which port was then blockaded by the fleet of the king of Great Britain; of which the said R. Barker was notified by captain Elphinstone, commander of the Hector ship of war, one of the said fleet of the blockade of Cadiz, and was warned by him not to proceed to, nor attempt to enter said port: That on the back of the register of the said brigantine John, is the following indorsement, viz. 'Warned not to enter Cadiz or St. Lucar, as they are blockaded; but has permission to enter any other port;' dated 'Swiftsure, July 26, 1800,' and signed by 'B. H. Nowell, captain of the Swiftsure, one of the ships of the blockading squadron;'—but the said Barker had no notice of said indorsement, until after the condemnation of the said brig, hereafter mentioned."
"That the mate of the said brig, and four of the seamen belonging to her, were taken out of the said brig, and a prize master and men sent on board her, from the blockading squadron—that the said brig was detained by the said fleet from the 16th day of July, when she was first stopped as aforesaid, till the 27th day of July, 1800; when captain Barker was sent for on board the admiral sir R. Bickerton's ship—and the said admiral informed him, 'We have thoughts of setting you at liberty; and in case we do, and deliver you your vessel and papers, what course will you steer; or what port will you proceed for?' To which Barker's answer was, that 'in case he got no new orders, he should continue to steer by his old ones'—upon which the admiral said, 'That is sufficient—I shall send you to Gibraltar for adjudication.'
"That on the said 27th day of July, the said brig, without being liberated, was sent into Gibraltar, where she arrived the 7th day of August, 1800; and was there libelled in the vice admiralty court—and on the 27th day of August the following sentence of condemnation was pronounced: The judge having heard the said claimant, together with the sundry examinations taken in preparatory in the cause, and the papers & documents found on board said brig, at the time of the capture and delivered in to the register upon oath; and having further heard the parties, &c. rejected the claim, and declared the brig to have been cleared out for Cadiz, a port actually blockaded by the arms of our sovereign lord and king; and that the master of said brig persisted in his intention of entering that port, after warning from the blockading force not to do so, in a direct breach and violation of the blockade thereby notified; and pronounced the said brig and cargo, by virtue thereof, or otherwise, subject and liable to confiscation, and condemned the same as good and lawful prize to our sovereign lord and king."
"We further find, that the plaintiff duly and seasonably abandoned to the defendants, all his interest and claim to the said brig to the amount insured: That the first notice the said R. Barker had of the blockade aforesaid, was from the commander of the ship that stopped him off Cadiz aforesaid: That there was no knowledge or report of said blockade at Charleston, nor did said blockade exist, at the time of the said brig sailing from thence."
The cause was argued on the 1st, 2d, and
3d of February by Mr. Dallas, for the plaintiff in error, and Mr. Rawle, for the defendant, upon the points stated in the opinion of the court, which was delivered by the chief justice, in the following terms:
MARSHALL, Chief Justice. This suit is instituted to recover from the underwriters, the amount of a policy insuring the brig John, on a voyage from Charleston to Cadiz. The vessel was captured on her passage by a British squadron, then blockading that port; was sent into Gibraltar for adjudication; and was there condemned by the court of vice admiralty as lawful prize. The assured warrants the vessel to be American property; and the defence is, that this warrant is conclusively falsified, by the sentence of condemnation. The points made for the consideration of the court are,
 1st. Is the sentence of a foreign court of admiralty conclusive evidence, in an action against the underwriters, of the facts it professed to decide? If so,  2d. Does this sentence, upon its face, falsify the warranty contained in the policy? If not,  3d. Does the special verdict exhibit facts, which falsify the warranty? 
The question on the conclusiveness of a sentence of a foreign court of admiralty, having been more than once elaborately argued, the court reluctantly avoids a decision of it at present. But there are particular reasons which restrain one of the judges from giving an opinion on that point; and another case has been mentioned, in which it is said to constitute the sole question: so that in that case it will, of course, be determined.
Passing over the consideration of the first point, therefore, the court proceeded to enquire, whether this cause could be decided on second and third points?
Admitting, for the present, that the sentence of a foreign court of admiralty is conclusive, with respect to what it professes to decide, does this sentence falsify the warranty contained in this policy, that the brig John is American property?
The sentence declares "the said brig to have been cleared out for Cadiz, a port actually blockaded by the arms of our sovereign lord the king; and that the master of the said brig persisted in his intention of entering that port, after warning from the blockading force not to do so, in a direct breach and violation of the blockade thereby notified." The sentence, then, does not deny the brig to have been American property; but, it is contended by the counsel for the underwriters, that a ship warranted to be American, is implied warranted to conduct herself, during the voyage, as an American; and that an attempt to enter a blockaded port, knowing it to be blockaded, forfeits that character. This position cannot be controverted. It remains, then, to enquire, whether the sentence proves the brig John to have violated the laws of blockade, that is, whether the cause of condemnation is alleged in such terms, as to shew that the vessel had forfeited her neutral character; or in such terms as to shew its insufficiency to support the sentence.
The fact of clearing out for a blockaded port, is, in itself, innocent, unless it be accompanied with a knowledge of the blockade. The clearance therefore, is not considered as the offence: the persisting in the intention to enter that port, after warning by the blockading force, is the ground of the sentence. Is this intention, if evidenced by no fact whatever, a breach of blockade? The question is to be decided by a reference to the law of nations, and to the treaty between the U. States and Great Britain.
Vattel says, "All commerce is entirely prohibited with a besieged town. If I lay siege to a place, or only form the blockade, I have a right to hinder any one from entering; and to treat as an enemy, whoever attempts to enter the place, or carry any thing to the besieged, without my leave." B. 3. S. 177. The right to treat the vessel as an enemy, is declared by Vattel to be founded on the attempt to enter; and certainly, this attempt must be made by a person knowing the fact.
But this subject has been precisely regulated by the treaty between the United States and Great Britain, which was in force, when this condemnation took place. That treaty contains the following clauses: "And where as it frequently happens, that vessels sail for a port or place belonging to an enemy, without knowing that the same is either besieged, or blockaded, or invested; it is agreed, that every vessel so circumstanced, may be turned away from such port, or place, but she shall not be detained, nor her cargo, if not contraband, be confiscated, unless after notice she shall again attempt to enter; but she shall be permitted to go to any other port, or place, she may think proper." This treaty is conceived to be a correct exposition of the law of nations: Certainly it is admitted by the parties to it, as between themselves, to
be a correct exposition of that law; or to constitute a rule in the place of it.
Neither the law of nations, nor the treaty, admits of the condemnation of the neutral vessel, for the intention to enter a blockaded port, unconnected with any fact. Sailing for a blockaded port, knowing it to be blockaded, has been, in some English cases, construed into an attempt to enter that port; and has therefore, been adjudged a breach of the blockade, from the departure of the vessel. Without giving any opinion on that point, it may be observed, that, in such cases, the fact of sailing is coupled with the intention; and the sentence of condemnation is founded on an actual breach of blockade. The case assigned, would there be a justifiable case; and it would be for the foreign court alone to determine, whether the testimony supported the allegation, that the blockade was broken. Had this sentence averred, that the brig John had broken the blockade; or had attempted to enter the port of Cadiz, after warning from the blockading force; the cause of condemnation would have been justifiable; and without controverting the conclusiveness of the sentence, the assured could not have entered into any enquiry respecting the conduct of the vessel. But this is not the language of the sentence. An attempt to enter the port of Cadiz is not alleged; but persisting in the intention, after being warned not to enter it, is alleged as the cause of condemnation. This is not a good cause under the treaty. It is impossible to read that instrument, without perceiving a clear intention in the parties to it, that after notice of the blockade, an attempt to enter the port must be made, in order to subject the vessel to confiscation. By the language of the treaty it would appear, that a second attempt, after receiving notice, must be made, in order to constitute the offence, which will justify a confiscation. "It is agreed (says the instrument) that every vessel so circumstanced (that is, every vessel sailing for a blockaded port, without knowledge of the blockade) may be turned away from such port, or place; but she shall not be detained, nor her cargo, if not contraband, confiscated, unless, after notice, she shall again attempt to enter." These words strongly import a stipulation, that there shall be a free agency, on the part of the commander of the vessel, after receiving notice of the blockade; and that there shall be no detention, nor condemnation, unless, in the exercise of that free agency, a second attempt to enter the invested place shall be made.
It cannot be necessary to state the testimony, which would amount to evidence of such second attempt. Lingering about the place, as if watching for an opportunity to sail into it; or the single circumstance of not making immediately for some other port; or, possibly, obstinate and determined declarations of a resolution to break the blockade; might be evidence of an attempt, after warning, to enter the blockaded port. But whether these circumstances, or others, may, or may not, amount to evidence of the offence, the offence itself is attempting again to enter; and "unless, after notice, she shall again attempt to enter," the two nations expressly stipulate, that "shall not be detained, nor her cargo, if not contraband, be confiscated." It would seem, as if aware of the excesses, which might be justified by converting intention into offence, the American negotiator had required the union of fact with intention, to constitute the breach of blockade.
The cause of condemnation, then, described in this sentence, is one, which, by express compact between the United States and Great Britain, is an insufficient cause, unless the intention was manifested in such manner as, in for construction, to be equivalent to an attempt to enter Cadiz, after knowledge of the blockade. This not being proved by the sentence itself, the parties are let into other evidence.
However, conclusive, then, the sentence may be of the particular facts which it alleges, those facts amounting in themselves to a justifiable cause of condemnation, the court must look into the special verdict, which explains what is uncertain in the sentence. The special verdict, shews, that the vessel was seized on her approaching the port of Cadiz, without previous knowledge of the blockade; that she never was turned away, and "permitted to go to any other port, or place;" that she was "detained" for several days, a d then sent for adjudication, without being ever put into the possession of her captain and crew, so as to enable her either "again to attempt to enter" the port of Cadiz, or to sail for some other port; that while thus detained, the commander of the blockading squadron drew the captain of the John into a conversation, which must be termed insidious, since its object was to trepan him into expressions, that might be construed into evidence of an intention to sail for Cadiz, sh d he be liberated; and the commander, availing himself of some equivocal, unguarded, and perhaps, indiscreet answers, on the part of the captain, the vessel was sent in for adjudication, and on those expressions was condemned.
The court is of opinion, that these facts do not amount to an attempt again to enter the port of Cadiz; and, therefore, do not amount, under the treaty between the United States and Great Britain, to a breach of the blockade of Cadiz. The sentence of the court of vice admiralty in Gibraltar, consequently, is not considered as falsifying the warranty, that the brig John was American property: or as disabling the assured from recovering against the underwriters in this action; and the testimony in the case shews, that the blockade was not broken.
The judgment of the circuit court is to be reversed with costs. And it is to be certified to that court, that judgment is to be entered on the special verdict for the Plaintiff.
THE SUBSCRIBERS
Offer for Sale at their Store on Campbell's wharf, the following Articles, low for cash or approved Notes at 60 and 90 days,
 10 hhds. choice old Antigua RUM,  20 do. 3d proof Rum; 4 pipes old Port Wine,  2 pipes old Cognac Brandy; 2 do. choice Hollands Gin,  4 do. New-York Anchor Gin; 5 qr. casks Sherry Wine,  10 barrels Apple Brandy; 10 hh's second quality Sugar,  3 hogsheads Loaf Sugar; 10 barrels Pennington's do.  10,000 lbs. prime Green Coffee,  20 hhds choice retailing Molasses; 4 ton assorted Bar Iron,  20 Kegs F and FF Gun Powder; 2 ton Shot assorted,  100 boxes choice mould Candles,  30 do. Philadelphia made Soap; 10 do. English Mustard,  25 do. choice Figs; 4 do. half pint Tumblers,  20 barrels Whiskey; Alexandria and Richmond fine and superfine Flour—and a general assortment of 
Ship Chandlery, Cordage, &c.
Bowden & Milhado.
March 4
All those having claims against the Estate of JAMES VOGEL, deceased, are requested to render their accounts properly attested; and those indebted are desired to make immediate payment.
Francis Teterel, Adm'r. Williamsburg, March 4. 3*
FOR SALE,
A Tract of LAND lying on Pagan Creek, in the County of Isle of Wight, two miles above Smithfield by water, the whole about 1000 acres—it is so situated that it may conveniently be sold in different parcels; about 450 acres of it is bounded for near two miles by Pagan Creek, with a valuable marsh, and three convenient landings accessible to any vessel that can go to Smithfield; this piece lying between Pagan Creek and a large branch thereof, may be inclosed to itself by a fence of about half a mile; separated from this tract by the branch above mentioned is about 100 acres, part of which is well timbered, with a good landing for vessels. It is unnecessary to describe all the advantages and conveniences of this Land, as it is presumed no person will purchase without viewing it. It may be seen by applying to Mr. George Braswell, living on the premises, and the terms made known by Thomas Pierce, Esq. of Smithfield.
Another Tract containing 711 acres, in Isle of Wight County; this Land lays very level, and the soil well adapted to corn; but as it is entirely Wood Land, and within 10 or 12 miles of market, the advantages must be obvious—the Land may be seen by applying to Mr. John Eley, adjoining it, and the terms made known by application to the subscriber at South Quay.
Also, a Tract containing 537 acres within two miles of South Quay, in Nansemond County; this Tract is good Corn Land, and well adapted for raising stock; with it may be had one half of a Saw and Grist Mill now in operation, about a mile from it, which will render the timber valuable, as there is a ready market for all that can be sawed. For terms, &c. apply to the Subscriber. For the greater part of the above property young Negroes will be taken at a generous price.
John Dorlon. South Quay, February 24, 1808. Lawton
FOR SALE,
75 tierces prime green Jam. Coffee, And a few puncheons 5 and 6 years old Antigua Rum; Loaf and Brown Sugar in hogsheads, and barrels: a few sets Table China; fine and superfine Flour, &c.
Harrison Allmand.
January 4
At the Old CUT-NAIL Manufactory, corner of Main and Church-streets, the subscriber keeps on hand constant supply, and can furnish at short notice, any quantity of
Nails, Flooring Brads and Sprigs,
At the following reduced prices, by the Keg—for cash only, viz.—
  8, 10, 12, and 20d Nails and Brads at 7 1-2d lb.   6d. Nails, 9 1-2d   4d. do. 2s. 9d. m. or 11d   3d. do. 2s. 3d. or 12d   Sheathing, do. 7 1-2d   6d. Sprigs, 4s. 6d per M.   6d. do. 2s. 9d   2d. and 3d. do. 2s. 3d 
He offers also for cash only—
HOOP IRON ASSORTED.
Thos. Seaman.
Thomas H. Parker,
Offers for Sale,
His Great-Bridge MILL,
newly fitted up to run two pair of stones.—The advantages of this mill are very great, only ten miles from Norfolk, and situated on a never failing stream; although she works at present only two pair of stones, yet the stream affords an abundant supply for ten pair.—Also, a MILL (known by the name of Bell's Mills) about two miles farther, now in complete order, running one pair of stones and two faws.—This Mill is supplied with water from very extensive swamps, and in wet season very plentifully; at this place there is a store, the situation of which, for a lumber store, is equal if not superior to any in that part of the country.—This Mill can be supplied with excellent timber from a tract of land only one mile distant from it, which the subscriber also offers for sale. This tract contains between 3 and 600 acres, almost entirely covered with timber; the soil, the subscriber confidently believes, is not inferior to any in the lower part of Virginia.—Any person purchasing this Plantation would have the benefit of a reed swamp, within three miles of it, in which any number of cattle may be kept fat during the whole winter. October 5. tf

Letters or packages for the Judge of the District (United States,) are to be directed at York-Town, and the postage paid.
POLITICAL REFLECTIONS. No. III. ADDRESSED TO THE PEOPLE OF THE UNITED STATES.
As the designs of France, in relation to America, were in their nature of a kind to shun the light; so the means for effecting her designs necessarily partook of the same duplicity. Informal intimations were to be given, that France was not unfavourable to the American cause. The officers of France were to be publicly prohibited from entering into the military service of the United States; whilst at the same time men of deep political discernment and consummate intrigue, were to be selected and sent over, to offer their services, as it were, in defiance of the government of their country. This was to be a pretext for pretensions of extraordinary zeal in our cause, and was well calculated to suppress every suspicion, which might otherwise have arisen in our bosoms, that they were serving the particular and perhaps unfriendly views of their own nation and government.
Those who recollect any thing of the transactions of those days, cannot have forgotten the inundation of foreign adventurers, which then poured in upon us. Congress, as well as the Commander in Chief, were embarrassed with incessant offers of services, and propositions of vain projectors. The publick confidence was bestowed on some, but whether deservedly in all instances, may we not be permitted to doubt at this day?
As a specimen of the information, which was to be collected and transmitted, in conformity with the memoir of Mons. Turgot, the publick attention is solicited to the following passage from a Letter, addressed by a general officer* in the service of the United States to the Count de St. Germain, minister of war in France at that period.† The author was at the time of his coming over to America a colonel in the service of France; after his return he was raised to the same confidential station of minister of war in that nation. The Letter bears date—"Camp at White Marsh, four leagues from Philadelphia, 12th Nov. 1777"—and as indicative of its nature is headed in the following manner,—"Pour vous seulement, Monseigneur."—"In confidence to you alone, my Lord."—It begins with a reference to previous information, which had been transmitted by the writer, and after giving an account of certain recent transactions and of the situation of the American and British armies, it proceeds in the following terms.
"Now after the experience of this campaign, it is natural to put this question—Will the Americans succeed in obtaining their liberty, or not? In France where you can only form your judgment from events as they appear at a distance; you will answer in the affirmative; we on the spot, who have seen how things have gone, think differently. To speak plain, it has not been owing to the good conduct of the Americans, that the campaign upon the whole has terminated rather fortunately, but to the fault of the English."
The writer next proceeds to review, what he considered as errors on the part of the British, and to conjecture what might probably have been the result, had those errors been avoided. Having taken that review, he then proceeds as follows.
"However since the events, which depend on the skill of generals, cannot be foreseen, they should make no part of the conjectures, which we may form for the future. Let us pay attention solely to the number of troops, and I would hazard my opinion, that if the English could have here thirty thousand men, they ought to reduce the Country. A second cause, which might hasten that reduction, and even effect it alone, is the want of warlike stores, and the necessaries of life. With respect to the requisites for carrying on war, the Americans want almost every thing."
A description then follows of the former situation of the Americans, and of the habits and dispositions supposed to grow out of that situation, which rendered their existing circumstances both novel and irksome to them. The writer then declares not only a general imbecility of character, but also a disinclination to support the cause to which we were engaged.
"It is then necessary (says he) that France, to accomplish this revolution, should furnish this people with every requisite to lessen the hardships of war. True it is, it will cost some millions; but they will be laid out in annihilating the power of England, which despoiled of her colonies, without a Navy, and without commerce, will lose her importance, and leave France without a rival."
* Gen. Du Portail. † For this Letter see Appendix to Stedman's History of the American War.
"Nevertheless (continued he) there are some, who think France would not find her account in liberating the English colonies, and that she would run a risk of losing her own. But to any one acquainted with this country, it is evident, that a long course of time must elapse, before it would be in a condition to conduct a fleet to make conquests. The jealousies between the provinces, (the seeds of which are already sown) will have divided them into as many interests, as states; so that no one of them will be to be feared."
"It may be asked, whether to bring about the revolution in America, it would not be advisable for France to make a treaty with the United States, and in concert with them, cross over twelve or fifteen thousand men? That would be the way to mar all. The people here, tho' at war with the English, (we see it every day) and in spite of all France has done, and means to do for them, would prefer a reconciliation with the English, rather than receive the forces of those, whom they have the most reason to fear.—(prefereroit de se reconcilier avec les Anglois, plutot que recevoir de forces deceux, qu'ils ont le plus raison de craindre) or if they should consent at first, it would not be long before the natural antipathy between the two nations would manifest itself by the most terrible dissensions. Whoever has the advantage of that information, which is to be derived from a personal residence in this country, must know the thing to be impracticable."
"There is yet another project to examine. In the event of France being obliged to carry on the war openly against the English, might not she, in concert with Congress, attempt Canada? From the preceding observation it is natural to suppose, Congress would not accede to such an arrangement.—The neighbourhood of the French would give them an entire distaste to that liberty, which they would believe themselves incapable of defending for any length of time; and if dependence be their fate, they had rather be dependent on the English.—(El dependance pour dependance, ils aimeroient mieux dependre des Anglois)."
The writer then enters into a disquisition, whether, if a war should take place between France and Britain, it would be more advantageous to France to attack the British islands in the West-Indies, or to dislodge the British from their remaining continental possessions in America: his decision is in favour of the attack upon the islands. He then proceeds and concludes in the following manner.—"If France does not declare war, she should employ the best means which policy may suggest to prevent the English from ever having more than twenty-five thousand men here. We had not more than thirty thousand in the whole of this campaign, to wit, the army of Mr. Washington never exceeded fifteen thousand, that of general Putnam five or six thousand, that of Mr. Gates ten thousand.—Should it be necessary to increase the whole one third, I do not know that it could be done."
"I have perhaps, Sir, entered into too tedious a detail; but you will pardon the length of my dissertations, caused solely by the anxiety I have felt to satisfy your desires, and to render my stay here as useful as in my power to make it."
Had an illustration of the manner, in which an agent conformably to the memoir of Mons. Turgot, ought to conduct himself been desired, a specimen more apposite could scarcely have been devised. This letter bears, in various instances, a manifest relation to the suggestions of that memoir.
Was it for instance the policy of France "to endeavour to know every thing that passed" among us, "avoiding, however, every thing that might lead to a suspicion, that they had here any direct or characterized agent?"
We find in this letter, information minute in its details, interesting in its selection of objects, transmitted in a manner and from a character, to escape all suspicion—"et pour vous seulement, Monseigneur."
The object suggested by Mons. Turgot as the first wish of France, was the subjugation of the colonies by England after a contest, which was to effect the ruin of all their resources; in order that England might lose all the advantages before derived from them—in peace by the increase of her commerce—in war by the addition of their strength.
The information contained in this letter, assures the government of France, that in the estimation of the writer "thirty thousand" British troops would be competent to our speedy subjugation: it is therefore recommended, "that the best means which policy can suggest, should be employed to prevent the English from ever having more than twenty-five thousand men here."—But to that amount from its specification, there seems to have been no objection.
If thirty thousand men were sufficient for our compleat subjugation, what means more effectual "for the ruin of all our resources" could have been devised, than for us to have been continually harassed by a force, deficient only by one sixth part of what was deemed competent for that subjugation?—Such amongst other things were the services "that France had done, and meant to do for us," and yet we were to be censured for our jealousy of a power, which it is admitted "we had the most reason to fear."—"Qu'ils ont le plus raison de craindre."
The effects of the independence of the United States in producing "a complete revolution in all
the political and commercial relations between Europe and America," which also Turgot had suggested as cause of apprehension, seem not to have made an equal impression on the mind of the writer; because in his opinion, "the jealousies between the provinces (the seeds of which are already sown) will have divided them into as many different interests, as states, so that no one of them will be to be feared." The event, therefore, which Turgot thought "infinitely probable" was matter of little anxiety to the writer: he consequently earnestly presses the indirect supplies, of which Turgot had spoken; but still in such measure as might only "lessen the hardships of war," and prevent us from succumbing. "True it is (said he) it will cost us some millions, but it will secure the point, which "above all things" was to be guarded against, and it would be laid out in effecting an object, which above all others had long been the favourite object of France, that is, "in annihilating the power of England, which despoiled of her colonies, without a navy, and without commerce, would lose her importance, and leave France without a rival to pursue her plans for subjugating the whole world."
Who that now looks back, and retraces the scenes then passing by the lights, which time has since disclosed: who that considers the power, by which we were openly assailed on the one hand, and the insidious views with which a seeming support was afforded on the other:—who that estimates the disproportion of our means to contravene dangers so great, can do otherwise than acknowledge, with the illustrious character, who then guided our affairs, that our cause was indeed favoured of Heaven, or it could not have succeeded as it did?
Such being the plan of policy prescribed by France to herself in relation to our country at that early period, let us proceed in briefly tracing such other parts of her conduct towards us, as have been since well ascertained, down to the commencement of her late revolution, when, as some had fondly persuaded themselves, France was regenerated and a new era began. Thus we shall be able to discern, whether her subsequent conduct indicated a departure from her previous principles.
By Captain Boush, who left New-York on Sunday, and arrived here yesterday, we have received Saturday's paper of that city, they are barren of intelligence. The marine lists contain an account of captures both by the French and English. All vessels bound to any British port, are now captured by the French, as the invincible fleets of the emperor have blockaded all the British ports. A few months since there was scarcely a French privateer in the European seas, they now literally swarm.—Quere, what has brought them out now? English or American ships?
Captain Bond of the ship Venus, in 7 days from Bermuda, has favoured us with Bermuda papers, from which the extracts are made, which are published in this day's Ledger. Admiral Berkeley has at length sailed for England, and is not appointed to the Jamaica station, as was reported.
Communication from Jackson's Correspondent at Washington, dated Feb. 25.—"The negotiation with Mr. Rose has been resumed—great confusion prevails in the cabinet—Gallatin is denounced by the friends of the President and Mr. Madison. Mr. Monroe's open opposition and threatened publication of his mission to England, with a vindication of his conduct, in signing the late treaty, have produced great alarm—and, in truth, the executive has not energy to face common difficulties or dangers." N. Y. Gazette.
State of our affairs with Great-Britain.—While the public is so much alive to the various and contradictory rumours respecting the probable issue of Mr. Rose's mission; rumours which, in our belief, are industriously circulated by the friends of the administration, for the purpose of lulling the public and gaining time, the editor would think it unpalatable in him to withhold any information so material and so interesting as that which he is now about to communicate; and he would think it equally unpardonable to communicate it, if he was not morally certain of its being perfectly correct. We shall make our statement in direct, affirmative language, for we are very confident it will never be contradicted from any quarter deserving credit.
Mr. Rose, probably suspecting that the indecisive and unsatisfactory language held by our minister was meant to amuse, some day last week had an interview with him for the express purpose of coming to a precise explanation, that he might understand distinctly his real situation. At this interview, Mr. Rose put to Mr. Madison this plain question; in substance:
Supposing, sir, that I should now, in the name of my government, offer yours proper and ample reparation for the affair of the Chesapeake, and to disembarrass the question of all possible difficulty, we will suppose the reparation offered to be perfectly satisfactory; am I to understand, that, this being done and accepted by the American government, the president would then recalc the proclamation interdicting British ships of war from your ports and harbours?
To which Mr. Madison immediately gave in substance, the following answer: an answer, which we venture to say, will astonish, at least, THE PEOPLE OF THE EASTERN STATES.
No Sir: I tell you frankly, the President would not. The attack on the Chesapeake is by no means considered by us as the sole [or principal] cause of complaint against Great Britain, and I shall admit to you, that if that affair had not happened, the president would, in all probability, have soon issued a proclamation of similar import. The proclamation is, therefore, not to be rescinded till all cause of complaint is removed.
* I include this in crotchets, because my memory does not enable me to be so certain about it.
We suspect that when discerning men, among even Mr. Jefferson's friends, come to see this, they will one and all exclaim, "Can he be so infatuated?—Can he be so totally ignorant of the sentiments of the American people as to believe, for a moment, that they will support him in a course so untenable, so unwarrantable, so unjust, so preposterous?"—But we forbear for the present. N. Y. E. Post.
Another Traitor in Custody.
We have now before us a letter from Detroit, dated January 23, 1808, from which we are permitted to extract the following:
"I presume you have heard that we have three companies in this place called into actual service—two of infantry and one of riflemen. A few days ago, a complaint was lodged by the attorney-general, against Stanley Griswold, Esq. secretary of the Michigan territory, for enticing and procuring men to desert from this detachment. He has been arrested at the suit of the United States, and a court of enquiry is now holding before justices M'Dougal, May, and Richard Smith. It is suggested that should the magistrates think proper to bind him over, he will go into confinement. In this case he will lose his offices of secretary of the territory, collector of the port, and commissioner of the land board. He is, you will perceive, well supplied with offices; but the ambition and avarice of some men can never be satisfied. We have amongst us a few turbulent and designing men who are disturbing our tranquility. I hope they will not succeed in overthrowing our territorial government. N. Y. Paper.
From the North American.
The following extract of a letter, from a gentleman at Washington to the editor, is a faithful picture of the present political crisis. We recommend to our readers to give it an attentive perusal, and on account of the means of information and luminous observation of the writer, to consider it as an epitome of the politics that actuate and control the cabinet at Washington.
Washington, 22d February, 1808.
"For some days a total stop has been put to the negotiations between the executive and Mr. Rose. The indisposition of Mr. Madison had delayed the final cessation. The British packet and the American advice-boat have at length orders to sail; and the messengers were sent off on Saturday morning, to carry the dispatches for these several vessels.—The British packet will sail with those of the minister to his government, and the Osage, with those of our government to France.
It was not until Friday evening that Mr. Rose surrendered the hope of making an accommodation with our executive. Every thing that honour and justice could demand, has been offered. An appeal was made to the common interest of the two countries: a common danger was represented to threaten both; that alike in the possession of a FREE government, the same fate would attend both; that the downfall of the supremacy of England on the ocean, would only be the prelude to the subjugation of America; that England might remain free and maintain her own independence, when America was overwhelmed by a confidence in her own security. Our government has taken high ground, and recedes not an inch. The spirit of accommodation exists only on the side of the British, and on ours a temper is manifested that forbids even humiliation to hope. Nothing but the destruction of the mistress of the ocean seems to be able to appease the inflexible pride of the cabinet of Washington. In the rancour of their personal enmity, they would first degrade Great-Britain and then suffer her to be destroyed, although we follow her destinies and find our own destruction in hers. It was required on the part of the British, that a suspension of the operation of the proclamation should be made, whilst the negotiation was pending: that as the proclamation was a measure of retaliation exercised for redress, and redress was now offered, the proclamation should sleep, until amends were made by Mr. Rose, sent as a messenger of peace and friendship for that purpose. This was refused, unless Mr. Rose would previously state what that compensation was; which would have been to waive the point of honour, and to submit to degrade his nation by appearing in the character of a suppliant. Another point made by our executive, was to blend together the two questions of "satisfaction for the insult offered to the national flag, in the case of the Chesapeake," and "an arrangement for the search for British seamen on board of our merchantmen." By thus coupling the two questions together our government took a ground that was calculated at once to stop all proceedings, unless the British government was willing to seal its destruction, by conceding to us the essence of her existence, viz. the power of commanding the services of her seamen.
For as the question was not to be separated, and, as such, required in its copulative operation an unlimited acceptance or rejection, it placed the government of the United States, in a situation of saying to Great-Britain, you must either consent to give up the right of search in our merchantmen, and do this as an atonement for the attack upon the Chesapeake; or you must refuse to surrender the right of taking your seamen from on board our merchantmen, and in doing so, refuse to heal the wounded honour of America by the attack on the Chesapeake. In either case our purpose is answered; for if you yield the right to take your seamen, and thereby silence the clamour raised about the Chesapeake, we will unman your fleets. If you refuse to yield the right, and yet offer satisfaction for the attack on the Chesapeake, we will not treat with you:—we will force you from the waters of the United States:—we will deny you the rights of hospitality:—we will shut out your manufactures from our ports:—we will starve your colonies, and coerce you in every point within our power, until your subjugation shall be effected by France. In either situation, whether the negotiation, as it is placed by us be accepted or rejected, we think your destruction is certain. The position assumed by our government was, under existing circumstances, a measure unavoidable; for inclined as it is to France, any other step would have deranged the labour of years, under which our French politics have been formed.
For it is well known that the British minister, previously to the departure of Mr. Monroe from London, signified "his regret for the attack made on the Chesapeake," that "the act was unauthorised," and "the right disclaimed." The executive possessed the note some time before the last message of

the president to congress, yet no notice is taken of it. The reason is obvious; it would have calmed the publick mind, which views this point as the only one that can justify a rupture with Great-Britain. Let it be known, that she has not only denied the aggression to have been committed by her authority, but disclaims in the most unequivocal terms the right of taking her seamen, even though mutineers and deserters, from on board our national ships; and you drive the executive from the only ground they can stand upon; you dissolve the charm by which publick feelings directs its rage against Great Britain; and, which, like an anodyne, lulls us into tranquility, which France is violating every right we claim as a nation, free and independent; and whilst the Sampson of Europe is about to pull down the fabric of our republick.
Such are the rumours of the day: and should they prove true, they involve consequences at which the stoutest heart may feel appalled, without the imputation of timidity. It is thought that Mr. Rose will be compelled to leave the country, that all appearance may cease of an eventual accommodation; and that France may know the exact dependence she can have upon us for a co-operation in her views.
What adds to the general consternation is, the intelligence, said to be received by the executive, of the appearance of a number of French officers in the territory of Orleans. Some time since it was announced that these officers were expected; it is now said that the last advices from gov. Claiborne say they are arrived. The arrival of gen. Moreau had not taken place, but was looked for in a few days. His progress down the river had been slow, as he stopped at several places on the way. Whether his visit be in co-operation with the officers already there, is yet to be determined; it is too much to be feared that it forms a part of that system, which is calculated to make the territory of the United States the scene of war, and its government an object for destruction. By some it is thought, that the fate of Spain is to be subsequent to that of the United States; that whilst Spain has its king on the throne, he may aid the emperor Napoleon, with a detachment of the army of Mexico, for the subjection of New Orleans; and with the same army the emperor will afterwards possess himself of Mexico. The French officers now at New Orleans may be on the look-out, preparatory to striking the blow. They may be sounding the people, viewing the approach to Orleans, and exploring the route to Mexico.
Amidst these manifold dangers, the executive alone looks round without fear or dismay. Although loud and reiterated the call upon the president for information touching our foreign relations, not a word escapes to warn us of our danger, or to call upon us to resist the threatening attack.
A resolution is now before the house, moved by Mr. Vandyke, requesting such information as the president may deem proper to make, thereby to enable the house to judge of the necessity of augmenting the military establishment. This necessary and reasonable call is opposed, and will it is feared be rejected, whilst at the same time the pages of the back-stairs are soliciting those who call for information, to join in the vote for a military force, which the president will not take upon himself to say is necessary. The bill for increasing the military establishment is a half way measure, fitted neither for peace nor war. It is to consist, so far as I can understand the bill, of six thousand regulars, and 25,000 militia from the volunteer corps, to be called into actual service and be encamped. With this force we are to meet a foe, who strikes like lightning, and who sweeps a country with a devastation like an overwhelming tempest.
Had I time I would give you the state of opinions relating to the election of our next president. I will soon write to you upon this subject. Mr. Monroe is coming out with a mass of evidence on facts that will alarm and astonish the country. Adieu, I must to the house.
Yours &c.
WASHINGTON CITY, March 2.
The city was yesterday full of reports, announcing the fall of New Orleans before the potent arms of col. Burr and gen. Moreau, between whom an alliance was patched up to give plausibility to the story. We have sought information at every source from which it was to be expected, and can confidently say there is not the least foundation for this rumour. Intelligence from New Orleans is received down to the first week in February, when every thing in that quarter was tranquil.
The Senate have, without division, sanctioned the nomination of WILLIAM PINKNEY, minister resident at the court of London.
CASE OF JOHN SMITH—Tuesday, March 1—the day appointed for hearing his defence on the resolution of expulsion. Mr. Smith did not himself appear. His counsel applied for further time, and stated that Mr. Smith was desirous of obtaining testimony from the Mississippi and Orleans territories, &c. The Senate took no other order on this application than the reference to a select committee of various depositions addressed to their secretary.
List of Promotions and Appointments in the Corps of Engineers made on the 23d day of Feb. 1808.
 Lt. Col. Jonathan Williams promoted to the rank of Colonel.  Maj. Jared Mansfield, do. do. Lt. Col.  Captain Alexander Macomb, do. do. Major.  Capt. Joseph G. Swift, do. do. Major.  1st. Lt. George Baneford, do. do. Captain.  1st. Lt. Wm. McRee, do. do. Captain.  2d. Lt. Charles Gratiot, do. do. Captain.  2d. Lt. Eleazer D. Wood, do. do. 1st. Lieut.  2d. Lt. Wm. Partridge, do. do. 1st. Lieut.  2d. Lt. Prentice Willard, do. do. 1st. Lieut.  Joseph G. Totten, } Appointed second Lieuts.  Cadet Samuel Babcock, }  Cadet Daniel A. A. Buck, }  Cadet Sylvanus Thayer, } 
A bill has been brought into the Senate, and one of a like tenor in the House of Representatives, authorising the President to raise, in addition to the present force, five regiments of infantry, one regiment of riflemen, one regiment of light artillery, and one regiment of cavalry. The bill has gone through committee of the whole in the House of Representatives without opposition.
CHARLESTON, February 25.
The ship Boyne, capt. Safford, sailed from this port 81 days ago, with a cargo of cotton, &c. bound to Bordeaux. On the 31st of December, (being then within 21 miles of Cordovan Light House) was bro't to by the British frigate Tribune, capt. Leonard, who warned capt. S. of entering at Bordeaux; at the same time informing him, that every port of France, Spain, Portugal, or the Mediterranean, was under a state of blockade; but gave him permission to enter at any port under the jurisdiction or at amity with Great Britain. Capt. S. thought it most adviseable to return to this port. The following is the indorsement made by captain Leonard, on the Mediterranean Pass of the Boyne.
"You are hereby warned from entering any port in France, and all her dependencies, Portugal, Spain, the Italian and Mediterranean ports, and the colonies of France and Spain; but to proceed to any port in the united kingdom.
"Given under my hand, on board his majesty's ship Tribune, at sea, the 30th Dec. 1807.
"JAMES LEONARD, Master of the Tribune."
NEW-YORK, March 2.
A letter from London mentions, that the British government had contracted for a large quantity of flour, rice, &c. to be sent out to the West-Indies. So that it appears an embargo here was anticipated.
March 3.
LATEST FROM FRANCE.
By the arrival of the ship Pamplico, capt. Milner, the Editors of the New-York Gazette have received Paris papers to the 6th of January inclusive; but they contain but little news. She left Nantz on the 16th of January, at which time an embargo was hourly expected. There had been for some time and continued, an embargo on all vessels at Bordeaux, Rochelle, and Antwerp.
It appears from the French Gazettes, that intelligence from Denmark announced that an English squadron, under the command of admiral Hood, had presented itself before Marstrand, a city of Sweden, and demanded the occupation of that port and fortress.
The French emperor arrived at Paris on the 1st of January. During his stay in Italy, he nominated Mr. Roederer, minister of finance of the kingdom of Naples, grand officer of the legion of honour.
It is also stated that there had been a violent earthquake on the coast of Barbary, particularly at Algiers, which continued half an hour, and did much damage.
We are informed by a passenger in the Pamplico, that Buonaparte was soon to visit the sea ports of France, and was expected at Bordeaux in a few days.
March 5.
Letters from London so late as January 12th have been received by the packet. These letters from most intelligent sources, concur in the opinion, that a negotiation for peace is certainly about to commence between England and France.
BERMUDA, February 13.
His majesty's ship Triumph, Capt. Sir Thomas Hardy, arrived on Monday last from the Chesapeake; and on Tuesday the Bermuda, Capt. Lyran, from New-Providence, having under convoy the brig Nassau, Gibson, with a detachment of the 99th regiment, under the command of Major Darling.
February 20.
At a respectable meeting of the inhabitants of St. George's, on Tuesday last, the following address to vice-admiral Berkeley, upon his quitting this station, was agreed to, and was presented the next day, by a committee consisting of Edward Goodrich, William B. Todd, and John Trott, Esquires. The admiral was pleased to return the subjoined answer.
To the Hon. George Craufield Berkeley, Vice Admiral of the White, and commander in Chief of His Majesty's Ships and Vessels on the North American station.
The Address of the inhabitants of the town of St. George, in Bermuda.
"Sir—Understanding that you propose to embark in a few days for your return to Europe, we, the inhabitants of St. George, request that you will be pleased to accept this sincere testimonial of our respect and esteem.
"Permit us on this occasion to express the grateful sense we shall ever retain of the hospitality and urbanity uniformly manifested in your intercourse with the inhabitants, while we thankfully acknowledge your professional exertions for the great interests of the community, and more particularly for the protection given to trade and navigation, by exempting our seamen from impressment, by appointing convoys, and other dispositions of the squadron under your command, and for your decided measures to prevent the naval force in those seas from being diminished by the seduction of mariners from his majesty's service.
"It is with heartfelt satisfaction that we consider your marked attention to the great and increasing importance of these islands and harbours, and your unremitting endeavours to make improvements, from which incalculable advantages may be expected to result to the British empire.
"It is our fervent wish, Sir, that you, your lady and family, may be favoured with a safe and pleasant passage to your country, and that you may there receive the applause of a grateful people, and the approbation of the best of sovereigns.
Signed by order of the meeting.
EDWARD GOODRICH, Chairman."
Bermuda, February 16, 1808.
To the Inhabitants of the Town of St. George's, Bermuda, in reply to their Address to the Honourable Vice-Admiral Berkeley.
"GENTLEMEN,
"It is with the most lively sensations of gratitude that I receive this testimonial of your esteem, which conveys so forcible an approbation of my publick and private conduct since I have had the honour to command on this station; I should however be unworthy of the praise which this Island, as well as his majesty's other colonial possessions in America, have been kind enough to bestow, if I attempted to claim any particular merit, from those endeavours to promote the true interests of my country, and uphold the dignity of its flag, which, I am certain, any other officer in his majesty's ser-
vice entrusted with so important a command would have equally attempted.
"The importance of these Islands to Great-Britain must naturally arrest the attention of any man, who has the welfare of his country at heart, and it in the strict performance of my duty, and in the investigation of those means, which are necessary to their improvement and security, I have at the same time obtained the approbation of so loyal and respectable a community as the inhabitants of this place, I must feel doubly gratified.
"The kind and friendly wishes, of a virtuous and good people, will, I trust, prove a safeguard to myself and family in our return to England, and I can with truth assure the inhabitants of Bermuda, that in whatever situation of life I am placed, a strict attention to their real interests, prosperity, and welfare, will ever be uppermost in my thoughts and mark my sense of gratitude.
"I have the honour to remain with the greatest esteem and regard your very faithful hble. serv't.
G. C. BERKELEY."
St. George's, Bermuda,
Feb. 17, 1808.
Tuesday arrived his majesty's ships Milan, capt. Sir Robert Laurie, and Aolus, capt. Lord William Fitzroy, the former from a cruise and latter from Grenada.
February 27.
Sailed this day, for England, his majesty's ship Leopard, of 50 guns, Vice-Admiral Berkely, Capt. Humphreys; and the Triumph, of 74 guns, Captain Sir Thomas Hardy, for Madeira.
CONGRESS.
HOUSE OF REPRESENTATIVES.
February 24.
[JUDGE HUNTING.]
Mr. Whitehill presented a resolution of the legislature of Pennsylvania, instructing their senators, and requesting their representatives in congress to use their endeavours to have the constitution of the United States so amended, that the judges of the courts thereof shall be appointed for a term of years, and shall be removed by the President on an address of a majority of both houses; and that in all cases of impeachment a majority of the senate shall be necessary to conviction.
Mr. Whitehill moved that the resolution be referred to a committee of the whole on the state of the union.
Mr. Milner* said he observed that the resolution was signed only by the speakers of the senate and house of representatives of Pennsylvania, whereas the constitution of that state required that all resolutions should be signed by the governor, as well as the laws. He protested against the resolution, as not expressing the sense of the legislature of Pennsylvania in a legal form.
Mr. Whitehill withdrew his motion, and moved that the resolution lie on the table.
Mr. Smilie* agreed that the resolution had not a legal form, but contended that it was of the same effect as if it had! It was true every joint resolution of the two houses of Pennsylvania must go to the governor for his signature; as both houses knew very well that the governor would not sign this resolution they were therefore obliged to adopt this method.
Mr. J. Clay* renewed the motion to recommit the resolution, on the ground that a resolution to the same effect was already before that committee. The resolutions were certainly entitled to respect. With respect to the objection that it had not a legal form, it was the most absurd he had ever heard. The resolution was not a legislative act, it was merely an expression of opinion. Would any man suppose, that if the two houses had met for the purpose of nominating electors, they ought to have the signature of the governor? It might as well be contended, that a certain combination which had lately taken place in this city ought to have had the signature of the president.
Mr. Kelly* contended that the house had nothing to do with this resolution.
Mr. J. Clay inquired whether a commitment of the resolution to a committee of the whole, who already had the same subject before them, was not usual and proper course of proceeding?
Mr. Milner observed, that although the resolution began "Resolved by the senate and house of representatives of the commonwealth of Pennsylvania," it was not a legislative act, according to the constitution of Pennsylvania. What then was it? Could a number of individuals of that state resolve themselves into the legislature? He contended also, that the resolution did not comport with the constitution of the United States and therefore was not entitled to the notice of the house.
Mr. Dana said, he understood the allusion of the gentleman from Pennsylvania, (Mr. J. Clay) relative to a combination in this city; but if the accounts in the newspapers were correct, the persons who had here assembled, had divested themselves of their legislative capacities and acted only as individuals although they took great care to admit none in the meeting but members of congress. He should like, however to see the members from Pennsylvania agreeing among themselves upon this subject.
Messrs. Durell, Barker and Goldsborough, also spoke against the commitment; and Messrs. Holland, Marion and Findley, in favour of it.
The question was then taken by ayes and noes on committing the resolution, and carried, ayes 82, noes 27.
Mr. Findley, from the committee of elections, presented a detailed report on the subject of Mr. Key's being a pensioner of Great-Britain. [It will be recollected that a charge was made some time ago in the house, that Mr. Key was now a pensioner as an half pay officer of Great-Britain, for his services during the revolutionary war.] The report concludes by observing that the committee see no reason for altering their former report, which was favourable to Mr. Key's election.
* Those marked thus (*) are from Pennsylvania.
Translated for the N. Y. Mercantile Advertiser. From Paris papers to 4th Jan.
NAPOLEON, by the grace of God and the constitutions, emperor of the French, king of Italy, protector of the confederation of the Rhine, to all to whom these presents shall come, greeting:
Willing to give a particular proof of our satisfaction to our good city of Venice, we have conferred and do confer by these letters patent to our beloved
son Prince Eugène Napoleon, our presumptive heir to the crown of Italy, the title of Prince of Bologne. Given in our Royal Palace at Milan, 20th December, 1807, &c.
NAPOLEON, by the grace of God, &c. Willing to give a particular proof of our satisfaction to our good city of Bologne, we have conferred and do confer by these presents, the title of Princess of Bologne to our beloved grand daughter the princess Josephine. Given in our Royal Palace of Milan, 20th Dec. 1807.
NAPOLEON, by the grace of God, &c. Desirous to requite the service which Mr. Melzi, chancellor and keeper of the seals of our kingdom of Italy, has rendered to us, in every instance in the publick administration wherein he has been employed, for the good of the people and our crown, and to reward the highest talents and most rigid integrity; remembering that he was the first Italian who brnt us on the field of battle at Lodi, the keys and the wishes of our good city of Milan; we have resolved to confer on him the title of Duke of Lodi, to be possessed by him and his male heirs, either natural or adopted, by or order of primogeniture, intending that the case of adoption shall be submitted to our approbation, or to that of our successors.
We order that the list of the landed property which we have annexed to the Duchy of Lodi, be sent to our grand-judge of the court of appeal of the place where they are situated there to be recorded, in order that no one may pretend ignorance thereof; it being our intention that this property be excepted from the dispositions of the Napoleon Code, and possessed always and altogether by titulars of the Duchy as making an integral part of the same.
The present letters patent shall be registered, &c. Given in our royal palace of Milan, 20th December, 1807, &c.
Gazette Marine Memoranda.
ARRIVED.
Ship Venus, Bond, 7 days from Bermuda, Ballast, Warren Ashley.—Left there brigs Elizn, Mitchell, of New York; Matilda, Ogleby, of do. ship Bordeaux, of do. and a Swedish ship from Boston, all detained.—Ship Destiny of New York, to sail in 3 days for Norfolk; sek'r Liberty, —, discharging.—Spoke, March 5, in lat. 34, 36, long 71, 30, brig Saunders, and ship Piscattaway, both from Madeira, bound to New York.
Sloop Venus, Boush, 54 hours from New-York.
To-Morrow at 11 o'Clock, will be Sold at my Office, Two likely NEGRO MEN. Terms, Cash. W. M. B. LAMB.
March 9.
On Friday the 11th instant, at twelve o'Clock, will be Sold on Commerce-Street wharf, 60 hogheads choice St. Kitts RUM. For all sums under 200 dollars cash; at ve 200 dollars 60 days; above 500 dollars 60 and 90 days—approved endorsed notes.
For Cash, 20 barrels prime Green COFFEE. S. MARKS, Jun.
March 7.
By virtue of a Deed in trust from Thomas H. Parker to Lattimore Halstead, will be Sold on the premises at Publick Auction, for ready money, on Saturday the 2d day of April next,
All that Tract of LAND and appurtenances, in the County of Norfolk, near the Borough, which David Pierce sold and conveyed to the said Thomas H. Parker, containing seventy-five acres more or less, and which is now in the occupancy of Thomas Williamson and L. Simon. THE TRUSTEE.
March 7.
By virtue of a Deed in Trust, executed by Thomas Gibbons and Ann his wife, bearing date the 14th day of September, 1805, to John Patterson and Thomas Smitt, to secure the payment of one thousand two hundred and two dollars and ninety four cents, with interest from the date of said deed, due Richard Billings, together with all legal costs and charges necessarily incurred by carrying the said deed into effect, WILL BE SOLD at Matthews Court House, on the second Monday in March next, being Court Day, at Publick Auction, for ready money,
The Tract of LAND, conveyed to us in trust by the deed aforesaid, containing two hundred and twenty acres, more or less, situated, lying, and being in the country of Mathews aforesaid, on North River, whereon the said Thomas Gibbons lately resided, and which was formerly the property of Doctor Frederick W. Hearn, deceased, and by him purchased of John Hayes. By the Trustees.
February 4.
NOTICE.
We the Subscribers forewarn all persons from crediting any of the crews of the Bremen Ship Patriot Groning and Bremen, without an order in writing from us.
Matthias Probst, Master of the Bremen Ship Patriot Groning. John Conrad Dorman, Master of the Bremen Ship Bremen.
March 9.
FOR SALE, 10 hhds. and 185 barrels Martinico GREEN COFFEE, of very superior quality. JAMES YOUNG.
March 7.
PIANO FORTE.
The Ladies of Norfolk are respectfully informed, that MR. SOTHEREN has arrived here from Baltimore, and will be happy to wait on those who wish to take lessons on that instrument—Any commands left at the Eagle Tavern, Market Square, will be attended to. March 7.
NOTICE.
The Subscriber and ANNE CORSON, his wife, having parted by mutual consent, this is to forewarn all persons from trusting her on his account, as he will not pay any debts of her contracting. William Corson.
NOTES OF HAND,
according to the new form established by the Directors of the office of the Bank of the United States, for sale at this office.

FOR BOSTON. The Schooner SATURN , Capt. Collin, can take a few hundred barrels on freight if application be soon made to the master at Marsden's wharf, or
C. FRY. Who offers for Sale at reduced prices, A quantity of Cheese; N. E. Rum, in hogsheads and barrels; Country Gin; Hollands do.; and a few bundles good Hay. March 2.
6000 bushels Stoved SALT, 50 crates well assorted Earthenware—For Sale on board the ship Sally , by A. Maclure. March 2.
The Subscriber offers for Sale, 78 puncheons well flavoured RUM, A few pipes Old Bordeaux Brandy, and 28 hogsheads choice retailing Molasses. Phinehas Dana. March 3.
THE COTTAGE, A small Farm handsomely improved in the neighbourhood of Portsmouth, commanding a beautiful view of Norfolk harbour is offered for Rent—and the HOUSE lately occupied by Doctor Leigh, pleasantly situated near the Ferry Wharf, in Portsmouth. Apply to Mr. William Pritchard, or JAMES YOUNG. March 2.
AT PRIVATE SALE, BY S. MARKS, JUN. 60 hogsheads St. Kitt's RUM. March 2.
NOTICE. All those who are indebted to the estate of WILLIAM THOMPSON , deceased, of Little England, are required to make immediate payment, and those who may have claims against said estate are desired to render them, legally attested to William H. Thompson. Feb. 29.
NOTICE. All persons having claims against the Estate of DANIEL COOK , deceased, of Nansemond County, are requested to bring them in on or before the first day of May next; those indebted to the estate, are requested to make immediate payment, wishing to settle the estate as soon as possible. Mary Cook, Admr'x. N. B. Whereas Bartholomew Redmon, of Norfolk Borough, having a bond in his possession, which was given by Daniel Cook and Edward Frith, jointly, for the sum of 3000 dollars or thereabouts; Edward Frith being exonerated, and the said Redmon refusing to give me up the bond, although there is not one shilling due on account of it, I caution all persons from receiving the said bond in any way whatever, as this notice will be plead in bar against it. Western Branch, Nansemond County, Feb. 17, 1808.
The sum mentioned in the above should be as follows:—two Bonds dated 11th day of July, 1804, the one payable the 11th day of January, and the other on the 11th day of July, 1805—each in the penal sum of two thousand dollars, conditioned for the payment of one thousand dollars each, both given jointly as above specified; which bonds or either of them, I again caution all persons from receiving in any way whatever, as this notice will be plead in bar against the payment thereof. Mary Cook. March 2.
Council Chamber, February 25, 1808. THE EXECUTIVE will receive on the 25th of March next, Proposals for constructing sufficient and proper Carriages for mounting all the pieces of Artillery belonging to this Commonwealth, at which time drafts of the most approved models, in conformity to which, the said carriages are to be constructed, will be submitted to the inspection of all persons disposed to contract for the same. The Executive will probably furnish all the necessary timber, and will have the iron work done at the Penitentiary—Subjoined is a list of the pieces intended to be mounted. Daniel L. Hylton, Clerk of the Council.
6 Brass Cannon 32 pounders, 9 Iron do. 24 do. 1 do. do. 18 do. 1 do. do. 12 do. 1 do. do. 6 do. 4 do. do. 4 do. 2 do. do. 3 do. 10 or 15 others of different sizes.
Received per Schooner Traveller , from Boston, and for Sale, By EDWARD CLARK, 10 tons small, flat, and square Bar Iron, 100 bundles assorted Nail Rods. Nov. 18.
200 boxes Mould CANDLES, 30 half boxes brown Soap, 10 boxes white do. 60 bags Coffee, 3 tiers do. prime green, 4 hogsheads and 10 barrels loaf Sugar, 12 do. Muscovado do. 10 quarter casks Old Sherry Wine, 2 hds. Old L. P. Madeira do. 3 hds. Red Port, 50 do. retailing Molasses, 15 crates well assorted Queen's Ware, Country Rum and Gin in hds. and pipes—For Sale by Phinehas Dana. June 8.
For RENT, A commodious small DWELLING, with all suitable out-houses and a good garden, pleasantly situated on Smith's Point. Possession may be had on the first of November. P. Barraud. October 5.
For RENT, The Store, Compting-Room & Cellar, at present occupied by Messrs. Wood & Hastings, no. 90, Main-street. Apply to Thomas Willock. August 24.
For RENT, (And immediate possession given,) The Brick-House, Store, and Cellars, at the corner of Gilbert's Lane, on Main-street, near the market, an excellent stand for a Dry Good or Grocery Store. Apply to Niemeyer & Von Kapff. December 28.
Just received for Sale, 25 qr. casks Gordon's old Sherry Wine, 20 boxes Hyson Tea, 30 do. superior quality Young Hyson, 20 pipes Holland Gin, 20 do. Country do. Mackinder & White.
WOOD & HASTINGS, No. 76, Main-Street, Have just received an additional supply of Staple and Fancy GOODS, Among which are Black Silk Velvet; Tabby, do.; Black Silk Florentine; Silk Handkerchiefs; do. Fancy Shawls; Convex Navy Buttons; fashionable Coat do.; a variety of French Goods; 2 trunks Cambric Muslins; 2 cases Linens; 2 bales Cotton Checks; 1 do. Gilla Handkerchiefs; 5 do. India Cottons, assorted, some very fine for Shirtings; a variety of Woollens. They have also on hand a general and extensive assortment of WOOLLEN GOODS. Every description of fancy Muslins and Dresses; Velvets; Constitution and President's Cords; Dimities; Carpets; Hosiery, &c. &c. On consignment, just received, Hussar and Backstrap BOOTS; Ladies' Kid and Morocco Shoes; Mens' coarse do.; coarse and fine Hats. The above GOODS will be sold at very reduced prices for Cash, or und-ubted credit, by wholesale and retail. December 11.
Now landing from on board the Schooner Mohawk, Roger Quarles, master, from Leghorn, 120 hogsheads Bordolease CLARET, 96 casks Roll Brimstone, 100 boxes Castile Marbled Soap, 50 tin boxes Saffron, 5 cases Florence Silks of all colours, a great many black, 2 hds. shelled Almonds, 100 half chests Lucea Oil, of 30 flasks, 100 boxes Lucea Oil, 12 bottles each, 3 cases Chip Hats. For Sale by William Pennock. October 12.
For SALE, 2 elegant Bay Horses, a complete match, 2 do. grey do. do. 1 remarkable fine bay, and one very excellent grey Horse—For which, Notes of the Bank of Newbern and Cape-Fear, or Proc. Money will be taken in payment—Apply at the Office of the Publick Ledger. Sept. 25.
THE SUBSCRIBER Has removed to the brick store at the head of Campbell's wharf, fronting said wharf and Wide Water-street, where he offers at wholesale or retail his assortment of Groceries and Ship Chandlery, Among which are 14 hogsheads Muscovado SUGAR, 1 do. and 6 barrels loaf do. 6 do. Antigua, Jamaica, and Grenada Rum, 3 pipes French Brandy, 2 hds. and 6 bbls Rye Whiskey, 4 barrels Apple Brandy, 1 do. Peach do. 10 hds. Coffee, Imperial, Hyson, Young Hyson, and Souchong Teas, Pepper, Pimento, and Nutmegs, Madeira, Sherry, and Port Wines, London and Philadelphia Porter, English Cheese, Bar Iron and Castings, Nail and Spike Rods, German Steel, Powder and Shot, Tar, Pitch & Turpentine, Paints and Oil, black and bright Varnish, Canvas and Cordage, Nails and Spikes. Also just received, 20 boxes Lemons, 12 half bbls. Beef Tongues, 20 kegs Tongues and Sounds, 40 kegs and 2 bbls. Salmon, 5 bbls. Mackerel, 15 cases Sallad Oil, 1 cask Currants, 10 boxes Olives, Capers and Anchovies, 6 dozen bottles Cayenne Pepper, 3 do. do. Pickled Peppers, 30 boxes Soap, 20 boxes Candles, 50 barrels Alexandria superfine and fine Flour. John D. Haldane. July 31.
For SALE, 73 punch. choice Antigua RUM, 30 do. Grenada do. 600 bushels CORN, 80,000 drawn White and Red Oak STAVES, 60 barrels Pork. George Wilson. November 4.
For SALE, Imported in the Galliot Fortune , captain Norton, from Teneriffe, 100 pipes and 90 hds. L. P. Teneriffe WINE, of superior quality. Apply to Phinehas Dana. September 28.
Coarse Liverpool SALT, For Sale on board the Ship Courtney , capt. Bryant, lying at my wharf. Apply to William Pennock. Who has on hand, Liverpool Blown and Cadiz SALT. September 16.
Landing from the ship Planter, and for sale at the subscriber's, at a low advance, A parcel of Woollens, Bed Ticks, Hosiery, and other GOODS. Thomas Blanchard. September 28.
NOTICE. I am again compelled to solicit all those indebted to the estate of PHILIP COLLINS , deceased, to make immediate payment, as no longer indulgence can be given. Jane Collins, Admr'x. December 9.
WANTED for the Ship Sheffield, A CARPENTER; also, two young LADS, from 14 to 15 years of age, as apprentices, not to go in the cabin or to cook. Apply to Josiah Cowper. December 9.
For SALE, 4000 bushels Ground Allum SALT, And a few well assorted crates of EARTHENWARE. George Murray & Co. December 7.
Leather, Cordage, and Loaf Sugar. The subscriber will hereafter expose for Sale at his Warehouse on Campbell's wharf the above Articles, of the manufacture of Norfolk, at reduced prices for Cash, or on short credits only. Theo. Armistead. He will sell or lease for a term of years, the STORES at the end of Marsden's and Rothery's wharves. Feb. 20.
For SALE at my Brew-House, Strong, Table, and Ship BEER, by the hogshead, barrel, and half barrel—and a constant supply of bottled PORTER in packages and by the dozen. And in Store, Wines, Liquors, and Groceries, wholesale and retail. Joseph Hayes. Feb. 18.
Alexandria Mountain FLOUR. A few barrels Superfine , do. for family use (Carlisle brand) in barrels and half bbls. for Sale—Apply to Caton & Veale. February 26.
NOTICE. I shall attend at the Court-House on Friday morning the 11th of March, for the purpose of paying the Artillery and Infantry Companies of this Borough, late in the service of the United States, under the command of Brigadier General Thomas Mathews—and on the following Monday I shall attend at the Court-House in Portsmouth, for the purpose of paying the Companies of that place. Robert C. Jennings, Acting as Pay-Master. February 29.
For CASH or approved Discountable Paper, 20 bales best Russia CANVAS, 1 do. Ravens Duck; 1 do. Matras Tickings, 65 packages German Linen—For Sale by Niemeyer & Von Kapff. February 26.
Fresh Imperial TEA. Just received 17 boxes fresh Imperial TEA, of the present year's importation—Also on Hand, 25 tons assorted BAR IRON, 80 barrels and a few hogsheads Muscovado Sugar, 40 barrels and bags Green Coffee; 25 hds. old Antigua Rum, 20 hds. Molasses; 8 pipes French Brandy, 10 crates assorted Queen's Ware, A few quarter casks of Sherry and Teneriffe Wine, Whiskey in barrels; Loaf Sugar, New-York prime Pork and Beef; 30 casks Cheese, A few barrels Mackerel; Soap; Candles; Demijohns, &c. For Sale by Jennings & Roddey. February 26.
COCKE & SANFORD, Have received eighteen hogsheads and eighteen barrels Loaf and Lump SUGAR, which they offer for Sale on very moderate terms. On hand of their last importation, 2 bales flaxen OZNABURGS, 1000 wt. Seine Twine; 1 bale assorted Blue Cloths, 1 bale superfine Navy Blue Cloth, 2 boxes well assorted Irish Linens, Irish and Dutch Sheetings and Dowlas, 2 Trunks Cotton Hosiery; 1 case Dimities, 2 do. assorted Nankeenets and Grandrells, 3 do. Calicoes; 2 do. Cotton Cambricks, 1 box French Cambricks and Handkerchiefs, 2 cases Mens' and 1 do. Childrens' fashionable Beaver Hats. Feb. 24.
FRESH SHOES. E. STURTEVANT, No. 77, Main-Street, Has now landing from the Schooner Mary Ann , capt. Luce, 22 trunks, barrels, and casks of Ladies', Gentlemens', and Childrens' SHOES. February 19.
NOTICE. The partnership of Ellis & Sprigg , of Hampton, is this day by mutual consent dissolved—all persons indebted to the said firm are requested most earnestly to come forward and pay their respective balances to Mr. C. Sprigg; and all those who have claims against said firm, to produce them to said C. Sprigg for settlement. Samuel Ellis, Per his Attorney in fact, Robert Gibson, Corbin Sprigg. Hampton, February 17.
For SALE, 5 cases only of superior PIGEON-EYE CHAMPAIGN. Apply to the Editor of this Paper. Dec. 16.
New SHOES from New-York.
SAMUEL COLEMAN, Offers for Sale such as have been generally sold in retail at 9s. and 8s. 3d. for 7s. 6d.; those at 15s. for 13s. 6d. except of Morocco leather; Ladies' Morocco Slippers at 8s. 3d. for 7s. 6d. and in nearly the same ratio for every other kind of Shoes, where the former prices will bear reduction. VERNON'S BOOTS, which are well known to command higher prices in Baltimore than Boots made by any other person there—reduced to 11 dollars for fair tops, and 9 dollars for Hessian Boots, such as he himself sells in retail for 12 and 10 dollars. BUTTER at 17 cents in nice order; a few tons of Iron; a few hundred bushels of ground Allum Salt; India Cottons; Brown Sugar, &c. &c. as low as they can be sold for a profit, for Cash. Feb. 17.
BOOTS. Elegant Hussar & Backstrap BOOTS Just received and for Sale by Wood & Hastings, Opposite Market Square Feb. 8.
6000 bushels St. Ubes SALT—afloat. IN STORE, 35 puncheons 3d and 4th proof Antigua Rum, 100 hogsheads Sugar, principally Antigua, 40,000 wt. Green Coffee; 850 Demijohns, 7,500 bushels coarse Salt; 100 barrels Rye Whiskey, 30 tiers London Brown Stout, 20 hogsheads Philadelphia Ale and Porter, 150 barrels superfine and fine Flour; 40 kegs fresh Raisins, 10 pipes London particular Madeira Wine, fit for use, 600 ready made Check Shirts; 20 hds. Petersburg Tobacco, 50 barrels Pork; 100 barrels Sugar; a few cases Hemmitage For Sale on liberal terms by C. & F. Whittle. February 6.
NOTICE. The Copartnership of RICHARD BOWDEN , & Co. having expired, Richard Drummond is authorised to receive and pay the debts of said concern. Moses Myers, Richard Bowden, Richard Drummond. February 2.
Cognac Brandy, Hollands Gin, Country do. in pipes, Rice in tiers and half tiers—For Sale by C. & F. Whittle. February 24.
FOR SALE, Just received by Deagle's Packet from Baltimore , 150 bags of good Green COFFEE. Wilson, Cunningham & Co. February 6.
All persons to whom the Subscriber is indebted, are requested to make known the amount of their claims immediately. Wm. Hartshorne, Jun. January 13.
One Hundred Dollars Reward. RAN-AWAY from the Subscriber, on the 26th December last, a Mulatto Man named TONEY , a Blacksmith by trade; he is about 24 years of age, 5 feet 10 inches high—had on when he went away a dark cloth suit coat and pantaloons—his right foot has been broken, which causes him to limp, and is much larger than the other—He travelled in the stage from Edenton to Suffolk, the 28th ult. I have understood he went by the name of Benjamin James while in Suffolk—I expect he will endeavour to pass as a free man. The above reward will be given to any person who will secure him in any jail so that I get him again, and all reasonable charges paid if delivered to me in Plymouth, North-Carolina. JOHN WALKER. January 8.
For SALE, 45,000 wt. good COFFEE in bags, 94 puncheons old St. Kitts RUM. MOSES MYERS. January 8.
NOTICE. The Subscribers have removed to the Ware-House, No. 6, on Newton's wharf, formerly occupied by Messrs. John D. Haldane, & Co. JENNINGS & RODDEY. January 8.
MACKINDER & WHITE, Have received from London in the ship Planter , and Nabby, from Liverpool, their Fall and Winter GOODS. The best superfine Black, Navy Blue, and fashionable mixed Cloths, Calimeres, Patent Cords, Swansdown, black silk Florentine, Gentlemen's patent silk and beaver Hats; Ladies' Trafalgar, Calabria, Buenos Ayres, and Cottage beaver Bonnets; Childrens' beaver Caps and Bonnets; Ladies' plain and fancy Kid and Morocco Shoes; red and black Morocco Nelson's comforts; Gentlemen's Hessian and Spanish Boots, and dress Shoes and Pumps; superior rich gold Epaulettes; lace and silver Fringe; plain, tamboured, and Leno Muslin for dressings; Calicoes, Chambrays, and Ginghams; rose and striped Blankets; Kendal Cottons; strong white Plains; mixed Fearnoughts; Flannels; Manchester Cords; blue and trab Plains; Dimities and Marseilles; 4.4 Irish Linens; 5-4 and 6-4 Sheetings; Hosiery; Cutlery in boxes assorted; coarse Hats do.; Nails; Window Glass, &c. The above are offered for sale by wholesale or retail, at the lowest terms for Cash or approved paper.
The Subscribers have removed to the Brick Warehouse on Merchant's Wharf, and have on hand for Sale, 100,000 W. O. lhd. drawn STAVES, 100,000 red do. do. do. 40,000 rough do. do. do. 50,000 do. barrel do. do. 10,000 pipe do. do. do. 500,000 sail Shingles; 100,000 building do. 10,000 three feet do.; 5,000 Garden Pales, 5,000 Chinquapin and Cedar Posts. And also for Rent, A commodious WAREHOUSE. Proby, Harmanon, & Co. January 11.
Now landing from the Schooner Prudence Mary, from New-York, 17 hds. first quality SUGARS, 54 barrels prime Pork, city inspection, 70 boxes Mould Candles; 5 hds. double refined Sugar, 5 pipes Brandy; 25 reams Writing Paper, 2 trunks fine and coarse French Lace, which will be sold at a low rate for Cash. Apply at No. 1, Commerce-street to William Hull, Jun. October 16.
Just got to Hand. 22 chests Hyson TEA, will be sold low for cash. George Wilson. Nov. 18.
For SALE, by the Subscriber, 34 hogsheads WHISKEY, 50 crates Earthenware; 10 casks Glass do. 65 boxes 8 by 10, 37 do. 10 by 12 Window Glass, 16 grove Wine Bottles; 18 boxes Castile Soap, 1 hogshead and 5 barrels Philadelphia Loaf Sugar, 10 hds. Petersburg, 2 do. Richmond, and 4 do. York River Tobacco; 15 bales Cotton, 38 whole and 9 half tiers Rice. A. Maclure. November 13.
One Hundred Dollars Reward. RAN-AWAY last October from the Subscribers, living in Monroe County, two Mulatto Men, ISAAC CONNER and WILLIAM CONNER , (brothers) both very bright mulattoes. Isaac is about 5 feet 7 or 8 inches high, stout and well made, is marked on the under lip with a small reddish spot, and a scar on his forehead occasioned by the stroke of a whip; on one of his feet there is also a scar made by an axe; he is 22 years of age. Bill is 20 years of age, about 5 feet 10 inches high, also stout and active, and wore his hair in a cue of 6 or 8 inches in length. It is supposed they will attempt to get to Norfolk, as they have some acquaintances there, and were heard of in the neighbourhood of Williamsburg in company with some free mulattoes, who lives on Queen's Creek. Whoever confines them in jail so that we get them again, shall be entitled to the above reward. John Handley, Martin Franklin. N B Being very fair, they will no doubt attempt to pass for free men. Feb. 10.
At Private Sale, By S. MARKS, Jun. Corner of Commerce and Water-street, 10 hds. Antigua, 12 do. N. E. 50 barrels do. RUM, 30 hds and 20 barrels Sugar; 10 pipes Country Gin, 8 pipes Cognac Brandy; 150 boxes Mould Candles, 10 boxes Spermaceti Candles; 4 bales striped Blankets, 3 bales Blue Duffles; 1 do. fine Cloths; 2 do. blue Plains, 2 do. Rugs; 1 do. Check Shirts, 54 do. Ticklenburgs and Oznaburgs; 3 do. Hessians, 1 trunk Madras Handkerchiefs. October 24.
For RENT, The DWELLING-HOUSE on Granby-street, belonging to captain Vickery, next door to Robert Boush, Esq.—possession will be given on the first day of January next. For terms apply to Alexander Wilson. December 18.
First quality Jamaica COFFEE. Just received and for Sale, 77 tiers and 24 barrels prime Green COFFEE. James & Thomas Tucker. December 28.
NORFOLK: PUBLISHED THREE TIMES A-WEEK, BY WILLIAM DAVIS, FOR THE PROPRIETOR, Opposite the Exchange Coffee-House. Price Six Dollars yearly, in advance.