Norfolk gazette and publick ledger (Norfolk [Va.]), 1807-04-01 00:00:00

HOUSE OF COMMONS,
February 4.
RESTRICTIONS ON THE TRADE OF FRANCE, BY NEUTRAL VESSELS.
Mr. Percival rose, pursuant to the notice he had given a fortnight since, for the purpose of moving for a paper, which he trusted, when laid before the house, would appear of such a nature, as to deserve the most serious consideration. But though the discussion of the paper in question would be sufficient to open its importance to the view of the house, he thought some apology and explanation was due from him for the pomp and solemnity of introducing a motion of such a nature, in form only a mere motion for a paper, by so long a notice. The paper he meant to move for had been for a considerable time on the table of every coffee-house in London, and on the table of every house throughout the country where a newspaper was received. The paper had been, for the purpose of the most authentic and extensive circulation, published in the Gazette, as the law by which the conduct of the British navy was to be regulated, and to which neutral nations were to be henceforth subject. Under these circumstances, he thought he should be idly trifling with the feelings of the house in giving notice for so distant a day of a motion which, to all appearance, was but a matter of course. It was necessary, therefore, that he should remind those who were present when this matter was spoken of on a former occasion, and that he should inform those who were absent on that occasion, of the cause of this extraordinary length of notice. He had considered the production of the paper as so much a matter of course, that he had at first given but a very short notice of the motion for it; but on his coming down to the house to make that motion, the noble lord opposite (Howick) had very candidly communicated to him his intention to oppose it. He could conceive no possible ground for opposition, except it might be that the publicity already given to the paper in the Gazette, was sufficient to render every one fully acquainted with its contents—but he was prepared to answer, that by representing the propriety of having on the table of the house every paper which it was proposed to make the subject of a parliamentary proceeding. He learned, however, that this was not the ground on which the noble lord meant to withhold the paper. The noble lord in fact acknowledged that any parliamentary proceeding would be most regularly instituted after the paper should have been laid on the table. But the noble lord could not conceive that any measure could be founded by him upon the paper which the noble lord should not hold it his duty to oppose. The noble lord, therefore, would not countenance any such possible motion, even so far as to allow the paper to be placed in a situation in which it could be founded upon it. Under these circumstances he was unwilling to bring the house prematurely to a discussion involving so many extraordinary considerations, and charged with doctrines and principles so entirely new. The abilities of the noble lord opposite, the eloquence with which he always enforced his sentiments, and the influence which justly and naturally belonged to the station, rendered it unwise to oppose him without having first made the preparation which was essential to the discussion which was to result from agitating so important a question under such extraordinary circumstances. But it would be obvious to every one who was acquainted with the principles of parliamentary proceedings, and more strikingly so to those who were acquainted with the principles maintained by the noble lord and his friends, while they sat on the side of the house from which he now addressed the chair, what a novel and extraordinary, what an unparliamentary, what an unconstitutional doctrine it was, that no motion for papers should be offered to the house unless it should, at the same time, be shewn, that no proceeding was to be founded on those papers but such as government would countenance. He hoped the house would not countenance a precedent as different from its former practice as the noble lord's doctrine was from the tenets he and his friends had formerly maintained. He had hoped that the noble lord, when he should have time to reflect upon these matters, would have produced the papers, without waiting to have them moved for—this proceeding was the more naturally to be expected, as the paper related to a measure of government which was already complete, and acted upon, and made public; and as the noble lord acknowledged that the discussion, the propriety of which he did not attempt to deny, would most properly take place after the production of the paper, was it to be endured that the only persons who were not allowed to see the paper, were those who were called upon particularly to discuss them, the representatives of the people, who were to approve or disapprove what was done in the interests of their constituents, were refused the means by which to direct their judgment. This was a proceeding altogether as perfectly unprecedented as it was obviously unprincipled, and if the house would countenance it, it would abandon its best control over the government, its best means of protecting its own rights and the interests of its constituents. It was not objected that the document required was of that voluminous nature to take much time for its preparation, or to give much trouble in the offices—it was not objected that idle curiosity was the motive for calling for the paper, without the intention of founding any proceeding upon it. It was not objected that any mischief would arise to the state from the publication of the paper, for it was as public as it could be already. The subject was acknowledged to be of a magnitude to require the attention of parliament, and the production of the papers was resisted merely upon the ground that no motion was to be founded on it to which govern-
ment was disposed to give its approbation. He was not aware that his intended motion was of such a nature that the house could not entertain it, and he was at a loss to conceive by what arguments the noble lord could prove the measures taken by his majesty's government to be so perfectly satisfactory, that the house could find nothing in them to disapprove. It may be so however; but was no enquiry to precede the resolution of approbation, and was the whole question to be decided upon the authority of his majesty's ministers, and upon their own opinion in their own favor? The argument for refusing the paper was a complete circle.—The paper was not to be produced because sufficient grounds were not laid for a discussion upon it—and no discussion could take place till the paper was produced. The want of grounds for discussion were to preclude the house from having the paper, and the want of the paper was to preclude discussion. Was it not possible that some improvement may be suggested by parliament on the measures adopted by ministers? But even if no possible improvement could be made, it was desirable that the paper should be produced. It was desirable for the credit of ministers—it was desirable for the credit of the measure itself. If it was a wise measure, and of a nature to bear sitting—if it was prudently calculated to attain its object, and that object was great and politic, let that be seen, and the country and the world would be better satisfied with the measure. But if the measure bore another character, that indeed was a ground for throwing impediments in the way of discussion. If there was a conscientiousness of deficiency on the face of the provisions contained in the measure, and if that deficiency had been followed by imperfect execution, that was certainly a very intelligible cause for having investigation. (Loud cries of bear, from the Opposition; while a dead silence prevailed on the Ministerial benches.)—The ostensible grounds on which the production of the paper was to be resisted, were obviously not the real grounds of the opposition. If the resistance of the noble lord arose merely from the fear of giving some countenance to the motion, that it was proposed to be found in the paper, that would be easily avoided, by saying that he consented to its being laid on the table because it was publick, but at the same time to disclaim all countenance of any motion that might be founded upon it. There would have been in this no countenance to his majesty's ministers, no violation of the privileges of the house. If the noble lord had entertained any serious apprehension of publick disturbance by laying the paper on the table, it would have been his duty to examine into the ground of that apprehension; and with the facility which he was sure the noble lord would have afforded, he was sure he would have been enabled to ascertain that no real danger existed. The resistance now offered was in a shape calculated to realize and confirm the mischief that could possibly flow from the production of the paper. It was impossible to discover any sound reason for refusing the papers. But it may perhaps be the object of the noble lord, to try how far his influence and his influence would prevail in despite of reason: how far the house would be disposed blindly to submit its sense and judgment to his opinion. It may be his object to shew those around him, and who had followed him from this side of the house to that, how far he still expected them to follow him. It was as much as if the noble lord had said to them, You have heard how I pressed for papers when we were on the other side of the house; now, in order to shew the versatility of my powers, you shall see with what firmness I will refuse papers for the production of which there are the strongest grounds. Circumstances are changed—the course we have hitherto followed is no longer to be pursued—and I call upon you to shew your faith in me, and to maintain me in the refusal of the papers in defiance of all the principles and all the arguments you have formerly heard from me. There is no one argument to warrant you in such a proceeding, but you will follow still the same standard, and that is enough to settle every doubt, and to satisfy every scruple.—(Hear, hear, from the Oppositionists.) There was another point which it is still more material for the house to look to: for such gross abuse of authority could not be long-lived. The house may be persuaded to sacrifice its rights in the present instance, but there would be a latent principle in the direction which must be fatal to those who forced it. But when a precedent was once established for withholding papers where government did not approve of the proceedings to be founded upon them, Negotiation Papers may be withheld, and the house may be allowed no means but surmise by which to judge of their contents. If any apprehension of unwise proceedings should be entertained, and papers should be called for, for the purpose of investigation, the papers would be refused because there were no grounds, and the grounds could not be shewn till after the production of the papers. I hoped, therefore, that the house would reflect before it would sanction a precedent, pregnant with such mischievous results.—The noble lord opposite had said on a former night, that no taunt should drive him from pursuing what he had held to be his duty on the side of the house on which he sat, however inconsistent with his conduct on the other side. On the occasion to which he alluded, the motion for printing the army estimates, the noble lord had to contend against a special precedent. In the present instance, he had to contend against universal usage, for there was not a single instance before, of a paper of this kind being refused. But it was not with their former principles, but with their present professions, that he wished to compare the conduct of the hon. gentleman opposite; how would their conduct in the present occasion correspond with the desire they professed of giving all possible information, and facilitating every investigation with re-
spect to their conduct? The noble lord opposite (lord H. Petty) had stated as the rule of his conduct, and that of his colleagues, the principle of the Roman philosopher, who wished to live in a house encompassed with glass windows, so that all his actions may be seen from every side. It may now be said to the noble philosopher, there you are in your glass house, but you are so much afraid of the glass being broken, that we must not approach near enough to look at you.—(A loud laugh.) His motive for coming forward with this motion was, the importance of the subject, and a persuasion that the measure which had been adopted were neither so well contrived, nor so well applied, as would be found desirable upon better consideration. He would recite the order of council, and then endeavour to point out how far it was deficient. The order, after reciting the measures adopted by the enemy against our trade, then proceeded to state the measures adopted by us against the enemy in consequence. It stated a right to retaliate to the full amount, in which he perfectly coincided, and whatever hesitation persons particularly conversant with this subject may have in asserting or acting upon a full right of retaliation, he was sure the more the point was examined, the more clear it would be that we had such a right. If the violation that had been offered to us were of an accidental nature, it might perhaps be too severe to involve neutrals in the mischiefs of a retaliation to the full amount. But where the enemy had directly grounded a principle subversive of all the rights of nations, it would be the maddest thing in the world if another belligerent abstained from adopting the same principle as the means of defending itself and annoying its antagonists. France professed not to be bound by what other nations acknowledged to be their common law. Perhaps the French government thought that if they professed to be subject to the laws of nations, other nations also would be subject to them, and there would be a restraint which they did not wish for in this community of code: for if they violated the law, other nations would also violate it, and this would be inconvenient to them, they therefore struck out a new line. The Imperial Decree charged England with departing from the laws of nations, in confiscating ships and property not of the state but individuals, and extending the right of blockade, to a point so totally preposterous, as to be rejected by all the world. The Decree then asserted a right of retaliation, and declares it to be a right, and that until the law of nations was altered, the same on sea as it is on land, that all property shall cease to be considered as neutral, and that all property of legal prize, that all property of the enemy, shall be subject to the same right and practice of capture as if it had been in a state of war. The noble lord was sure that the enemy would be held in a state of war, and that the measures to be adopted with them should be such as would be most effectual. It was desirable that the measures adopted by the enemy should be met by the house, but also, that the measures adopted by the house should be such as would be most effectual, and this was the reason why he had taken up so much time in this explanation. It was next to be considered, the right being established, whether retaliation was wise and politic, and in what degree it ought to be carried into execution. The order of council not only asserted the right, but went further to state, that this was a proper occasion to exercise it. Our right of retaliation was commensurate to the enemy's offence. The question was, to what extent that right should now be exercised? With a view to determine, whether the measures that had been adopted were calculated to answer their purpose, it was necessary to ascertain what that purpose was. He thought the grand object should be, to look for the best means of counteracting the designs of the enemy, and of making him feel the evils of his own injustice. Under these circumstances, he ventured to say, that the part of the enemy's trade, upon which his majesty's government had chosen to exercise his majesty's right of retaliation, was that upon which it could not operate so as to produce any one advantage to us. If any inconvenience fell upon our trade in consequence of the enemy's decree, the first object should be to remove that inconvenience, and to turn it back upon the enemy. Stopping the trade from one enemy's port to another could be attended with no benefit to our trade. The elasticity of commerce itself would be sufficient to prevent any lasting mischief to our trade from the restriction of the enemy, but it might be productive of much present inconvenience. Our merchandise would come into foreign markets at a dearer rate, and with greater inconvenience to the merchant, from the high assurance to be paid against the risque of capture and confiscation. Those articles which were already nearly excluded from foreign markets by their high price, would be of course excluded altogether by this rise. Let us look now whether the object of making the enemy feel the mischief of his own injustice is well enforced. The best mode of doing this, was putting a stop to the enemy's trade, and in this respect the order of council was deficient. Was the coasting trade of the enemy that which it was most material for us to hinder? The enemy's communication from port to port was carried on in small vessels, which ran close in shore under cover of the batteries. We could thus give it little molestation, and in the worst event the matters which were carried by it could be conveyed inland. The wines of Bordeaux could be sent by land carriage to supply the fleet at Brest if we rendered the passage by sea impracticable. If there was any branch of trade in which we could completely prevent the enemy from being supplied with an useful commodity, that was the branch to which our restriction should have applied. It was not for him to suggest which was the fittest branch in this view; it was enough if he shewed the unfitness of that which had been selected. But he thought the best mode of getting rid of the inconveniences cast upon our own trade, and of injuring the enemy was to interrupt the intercourse with his colonies, and if not to deprive him of all communication with them, at least to render it so perilous and so much more expensive, as to give to our commodities better opportunities of introduction and competition. This trade was that which was most easily interrupted, and the interruption of it would lead to embarrassment and distress, from which we alone could give relief. It was desirable not to interrupt the accustomed channels in which neutrals traded, and the colonial trade was that in which they could best attend to particular laws, or treaties. But the colonial trade was certainly that in which neutrals had the least right; and while he disclaimed every intention of glancing at the provisions of the American treaty, he could not help remarking, that the right of retaliation for such measures as may be adopted by the enemy, which the noble lord stated to be expressly reserved in that treaty, was of no use when it was not acted upon. It was therefore desirable, that the order should be reviewed, and that more effective measures should be adopted. Perhaps his majesty's ministers were fearful of offending neutrals, and forbore to act to the full extent, till they should have had communications with them. But they had acted without such communication, and what was to be lamented was, that they had acted with inefficiency. Without notification to neutrals, we may prohibit their ships from proceeding to the enemy's ports, but we may not seize them. He trusted government had not acted so weakly, upon the fear of offending the neutrals; it was a motive of action which they could not avow. But when they negotiated with America, with the non-importation act hanging over their heads; when they continued negotiating after that insulting act was carried into execution, and when they concluded a treaty under such circumstances, whatever they profess, he feared they may have been guilty of improper concessions. There was no reason to apprehend that neutrals would blame us for any measures the enemy might force us to adopt with respect to them; though it was to be hoped they would feel a just hostility against the enemy who are the primary cause of the evil, and who force us to retaliate on them in a manner that involves some injury to our friends. If the measures he alluded to were more efficacious, why were they not adopted? But they were not the only measures he would have recommended. They were measures of direct retaliation which would have the most speedy effect in bringing the enemy to his senses. The enemy has ordered, though his want of power renders the threat but an empty boast, that no vessels of English destination or English connections shall be permitted to pass freely on the seas. We may say nothing shall enter France which shall not first enter here. We may carry this restriction into execution in the whole or in part. We may not prohibit the colonial commerce altogether, but we make the enemy's colonial supplies enter our ports, and pay a duty towards the expenses of the war, and relieving ourselves by discharging him. If the paper was not produced, he should move a resolution that the provisions contained in it were insufficient. He should then leave it to his majesty's ministers to reconsider the measure with the authority of the house for their direction, and to adopt measures more adequate. This being all that he meant ultimately to move, if he had failed, as he well might, in satisfying the house that the measures he suggested were better than those that had been adopted, he trusted he had at least impressed every gentleman with a strong sense that the subject was fit to be entertained. If ministers had no better reason than they had alleged for withholding the paper, it ought to be produced, in order that it may be properly understood, and that more energy may be added if more should be found necessary. He should therefore move, that an humble address be presented to his majesty, praying that he would be graciously pleased to give directions that there be laid before the house a copy of the order of council, of the 7th of January, relative to the trade of neutrals from one enemy's port to another.
The Advocate-General (Sir John Nicholl) was anxious to give his opinion thus early in the debate, in order to keep it as much as possible distinct from the extraneous matter which so many were disposed to involve in the question. He would forbear to follow his learned friend through topics which were foreign to the subject, and many of them of a mere personal nature, which would be best answered by the persons concerned; and others of such a delicate description, that consistently with the public service, they could not now be discussed at length. He was sure that his learned friend was actuated by public duty in respect to whatever he brought forward to the consideration of the house; but when he proposed to discuss a measure of war, entrusted to the discretion of ministers, subject certainly to the revision of Parliament—(Hear, hear, on the opposite side); but in this instance, a measure untried, and liable to be affected in its execution by the disclosure of the views with which it had been adopted, he was sure it would be felt on reflection, that the honourable gentleman had acted imprudently. He was far from wishing to cast any personal reflection on his honourable friend, whose friendship he well knew how to value. The house was generally friendly to the motions for the production of papers. But the paper in question contained orders to the commanders of his majesty's cruisers; and did his honourable friend know of any instance in which an instruction of war was called for by parliament, when it was just issued by government? A case should be made out to shew that there was just

foundation for a subsequent proceeding before such a paper could be produced. It was true the paper was in coffee-houses, and other houses where newspapers were taken in, and it was diffused among the whole of our fleets and cruisers; but it was not for the purpose of keeping it from the knowledge of the house that the production of it was resisted, when it was already perfectly known to every one, and may be discussed this night in the fullest extent, if his honourable friend thought proper. But when it was proposed to interfere with an executive measure, for the purpose of a parliamentary proceeding, a strong ground indeed ought to be shown for the interference. He would now proceed to the paper itself, and the efficacy of it; and with this view he should consider it as actually before the house, with the measures proposed to be adopted upon it. It was not denied that the French decree was subversive of the usage of war, of the rights of all independent nations, but principally of neutrals. That decree proceeded upon false and groundless assertion. It assumed, forsooth, that there was an impropriety on making prize of property not belonging to the state, though for centuries back commercial property had been made prize, with a view to weaken the resources of the enemy, and to strengthen one's own. There was another falsehood in the decree; the assertion that we declared ports to be in a state of blockade where there was no blocking force. The decree proceeded then to declare the British Isles in a state of blockade, and to interdict all commerce with them. His honourable friend agreed that all this was grossly violating of the laws of nations. This friend agreed also in the full right of restoration; and neutral nations could not deny our right of retaliating, if they submitted to what the enemy contrived for the purpose of distressing us. The question this night was, how far this right ought to be carried into execution. Were we to press and crush unoffending merchants by the actual execution of severities to the utmost extent of the enemy's menace? He believed the house would not go with his honourable friend so far, but would rather prefer mild and moderate measures at first, if likely to be efficacious. It became a great and magnanimous nation to be always moderate in the application of its power; and he was sure the house would approve of the reluctance with which his majesty's ministers yielded to the necessity of adopting measures of retaliation upon the enemy which would involve some distress on neutrals. It was denied that some steps in retaliation were necessary, and the question was, how far the steps that had been taken were adequate; his hon. friend said, we ought to have gone the length of interdicting all commerce with France, and suggested some measures which the house was to compare with those of ministers now carrying into execution. It was necessary to allow a fair trial to what ministers had adopted. A total prohibition of all commerce in the produce of the enemy would be attended with the most distressing consequences to the few powers that remained neutral, and perhaps with some mischief to ourselves. Spain, Italy, Holland, the north of Germany, all the coast from the Elbe to the Gulph of Venice, with the exception of Portugal, was under the dominion of France, and all powers that covered this extent of country, were leagued with her in the war; on the other side were Russia, Prussia and Sweden, co-operating with us. The only powers that were neutral, were Austria, which had only the single port of Trieste; Denmark, which had no means of supplying its colonies, or of disposing of its colonial produce, if we carried a general interdict into execution; Portugal, which would feel the same disabilities; and America, with respect to which such an interdict would be the means of infinite distress. He could discover that a jealousy of America was at the bottom of all these complaints. ( Hear, hear! ) But was it to be conceived that we also would not suffer by adopting and enforcing a total interdict? For if we shut the door upon neutral commerce, we must also shut it in a great degree upon our own. If the commerce of neutrals with the continent was stopped, we must be totally debarred from all access to the continental market for their colonial produce, they will not have the means of purchasing from us. America exports to the continental nations, but imports chiefly from Britain. The commerce of neutrals with our enemies was also necessary to us in another view. We wanted some of the produce of the enemy's country for our manufactures; the silks of Italy for instance, and the wools of Spain. We wanted a little of the wines and brandies of France to cheer and comfort us. ( A laugh. ) We wanted the seeds of Holland. France had no maritime power to enforce her decree; but if her intimidation deterred neutrals from coming to us, it would be then time enough to recur to extreme severity. The restriction of the commerce between one part of the enemy and another, was the measure of present retaliation which it was conceived would fall heaviest on the enemy, with the least possible annoyance to neutrals. Much trade was carried on from port to port of the enemy under neutral names. The whole trade of the enemy was in fact carried on under a system of neutralization. This trade from port to port of the enemy, was a trade in which neutrals were not concerned in time of peace, though they had a right to exercise it. Their interference in it increased in proportion as our maritime superiority grew on the destruction of the marine of the enemy. In times when maritime power is nearly balanced, every country carries on this trade on its own bottoms by means of convoys. It was thus carried on in time of peace. The restriction now imposed, while it would be very annoying to the enemy, would still allow to neutrals a gainful commerce, by making their ports the entrepôt between one enemy's port and another. It was honourable to us as a great nation, that in proportion as the enemy was violent, we were moderate. Our moderation would be besides, the means of procuring us supplies of the articles we wanted from the enemy, and of introducing our commodities among them. He would ask, whether the intervention of neutrals would not afford a great facility to what Bonaparte was most hostile to, the introduction of British goods into the countries under his control, and our obtaining from those countries the supplies we want from them. The commerce from port to port, in a line of coast extending from the Elbe to Venice, with the exception of Portugal, could not be carried on by small craft, creeping along shore under the protection of batteries. Small craft could not creep from Amsterdam to Bordeaux, from Bordeaux to Barce-
lona, from thence to Leghorn, and from Leghorn to Venice. The number of vessels employed under the system of neutralization in this extent was very great, and the trade itself was of vital importance to France; and was it to be contended, that the application of our maritime superiority to the prevention of this trade on so vast a line of coast, was a measure that would be attended with no effect, at a time when our cruisers were so numerous on every station, that no ship could move without the greatest risk of being captured.—The learned gentleman then adverted to the opinion of an hon. and learned friend, who presided over the admiralty court relative to the importance and extent of the coasting trade. This was an authority which the house would look to with respect. The opinion had been stated by that learned gentleman in giving judgment in a cause tried before him, and the coasting trade was represented by him as one of the greatest accommodations to any country. Some conception might be formed of the importance of it, if gentlemen would suppose France to be possessed of the same naval superiority, which this country at present had and that the coals of Newcastle were to be brought to the port of London, and every other necessary for the consumption of this great metropolis, in neutral vessels. His honorable and learned friend, therefore, was not correct in stating that the interruption of the coasting trade would be no great injury to France, or that the order of council for that purpose signified nothing. That order was but one step, and an important step of those that would, if necessary, be resorted to for retaliation. From the manner in which the subject had been treated, it might be supposed that no such measure as that of the enemy had ever been resorted to before. But in the administration of that illustrious statesman now no more, and whose loss we regretted as much as any member of that house, much more rigorous measures had been resorted to by the enemy than the present. In the year 1797, after the French had made peace with Austria, and the army which had been arrogantly called the army of England, had been collected at Brest, with a view to turn their whole force against this country—in that year, on the twenty-ninth Nivose, year six, that is, in christian language, on the nineteenth day of January, 1798, a decree was passed by the French government, making all vessels that should be freighted in the whole or in part with English commodities, good prizes. A vessel proceeding from Copenhagen to Tranquebar, or from Lisbon to the Brazils, which had but a single bale of English goods on board, was to be confiscated, if captured by French cruisers. The house would perceive that the former decree was much more atrocious than even the late one. In order to shew what had been the feeling of the neutral nations on the subject of that decree, he need only refer to the speech of the President of the United States on the opening of the session of congress, on the 8th of December, '98, in which he declared, that "As the decree was still in force, in consequence of the failure of an attempt to procure its repeal, he considered it as an unequivocal act of war, and a violation of the independence of nations, and a violation which must be met by a determined resistance." The learned magistrate of America had expressed a similar sense of the aggression in that decree, and gave no ground to suppose that he was less decided on the present occasion. Another consideration which would prove grievous to the trade of this country, should be seen whether the decree of '98 would follow the same course as the decree of '98 had continued to be in force, and though it had been suspended, neutral ships, no vessel was allowed to pass in France, without a certificate from the French consul, or commercial agent, at the port whence it had sailed. Yet that decree had been unnoticed in that instance, and, on the ground of that precedent, it was his opinion that measures should be taken in the present case, except such as would be attended with as little rigour as possible to the trade of neutrals. As to the measure proposed by his honorable and learned friend to be substituted for the order of council, namely, that no ships with colonial produce should be suffered to enter the ports of France—did he suppose that such a measure would be more distressing to the trade of France than to that of neutrals, or to our own trade? It would be injurious to our trade, because the neutrals, by carrying the colonial produce of the enemy, are enabled to export our manufactures in great quantities. The house of commons would not therefore, in the exercise of its inquisitorial powers, interfere with this act of the executive, until it should see what effect would be produced by the measure that had already been resorted to. It was his opinion that the cutting off the coasting trade would be highly distressing to France. But if France should, in the madness of her policy, think of shutting up the remaining neutral ports upon the continent, she should soon find that they are now as necessary to her as to G. Britain. As soon as she should begin to feel the distress arising from the shutting up of these ports, she would again open those ports which were at present in her occupation. It was therefore his opinion, that they should in the first instance make trial of the measure that had been adopted, as they would at all times have it in their power to resort to measures of greater extremity, if such should be found necessary. The adoption of moderate measures in the first instance, would be creditable to the national character, and in the national character consisted in a great degree, the national strength. If the enemy should persist in their decree and attempt to enforce it, then he was convinced that the country had sufficient means, and his majesty's ministers sufficient vigour, to resort to such measures as should be deemed necessary for a complete retaliation. On all these grounds, he thought that no good reason had been stated for the production of the paper.
Lord Castlereagh rose to make a few observations just to shew the grounds of the vote he meant to give on the motion of his honourable friend. It did not appear to him that arguments of any weight had been brought forward to resist the able arguments of his honourable friend, and certainly no parliamentary objection had been stated to the production of a paper, which was already in the hands of every body in the country. The honourable and learned gentleman opposite (Sir John Nichol), who was justly entitled to the confidence of that house, and of the country, had not pro-
duced any sufficient objections against the motion of his learned friend; and, as that honourable gentleman was so fully competent to decide upon this question, he did not suppose that any honourable member who should follow him, would be more successful in the arguments he might bring forward. The right of war he was ready to admit was a prerogative of the crown, but then it was subject to the control of parliament. He contended that his learned friend opposite was bound to make out a case, to shew that the papers ought not to be produced, before he could call upon him, or his honourable and learned friend near him, to make out a case of the paramount necessity for its production. If however they were so called on, their difficulty would not be great, because they could shew that the measure that had been resorted to was inadequate to its professed object. Whatever objection there might be to the production of the paper, on the ground of the adequacy of the measure, or of the delicacy of his majesty's ministers on the subject, they would more properly apply to the proceeding that was to be grounded upon the production of the paper. This question was one of too much importance for any man to bring forward lightly; or unless he could state sufficient ground for the production of the paper. He derived some consolation from the argument of the learned gentleman opposite, that this measure was not final. He was surprised that his learned friend had been so misunderstood, as to have it conceived that the order of council would have no practical effect. On the contrary, he had allowed that it would have a great practical effect; but as the present circumstances of the country, arising out of the order of the French government, were different from any in which it had ever been placed, he contended that more vigorous measures should have been adopted. As to the period of our history, which had been alluded to he should presently shew that the time of the American government had been wasted in negotiations, and intrigues, to corrupt the French ministers. Whatever might be the feelings of government towards America, whatever might be the principles on which the late negotiation had been conducted, these were no reasons for delaying the adoption of more vigorous measures of retaliation against the enemy.—He thought it impossible that the house could form an adequate opinion whether the measure of government was wise or unwise, adequate or inadequate, unless they should look at the state of the country as to its maritime rights. It would be futile for him to dwell in this instance on the importance of its maritime rights to this country, but it was necessary for the house to look a little at the two systems of maritime rights which it had under different circumstances been called on to accede to. They would recollect the claims made by the armed neutrality of 1780 and of 1800, that neutral ships should make free goods, and that neutral vessels sailing under convoy of ships of war should not be molested, and that such claims had been resisted even in war. But the claims advanced by France in the present instance, not only extended to neutrals, but to the free navigation of the mercantile shipping of the enemy. As the claims now urged by France were so much larger than any that had been before made, gentlemen should take it into their consideration, whether they should assist the views of the French government, or support the motion of his learned friend, which would lead to the adoption of such measures as would be adequate to the aggression of the French government. It was his opinion that the object of his honourable friend was only to shew that the order is inadequate to its object. There was a great difference between the situation of this country at present and in 1798. Though France had then conspired against the whole of Europe as she does at present. She had not the central of Holland, it is true, but she had not the ports of the north, Hamburg and the Hanse Towns. She had not extended herself over the whole of Europe. She had the north of Italy, but not the south, or the kingdom of Naples. Her dominion had not been established over Spain, and Portugal was a substantially independent kingdom, and not tributary as at present, when she is allowed to import articles of British produce only by paying a tribute to the French government. The relative situation of Europe had therefore undergone a great change since the year 1789. The influence and the power of the French government had been then great and formidable; but they could not employ with such effect, as at present the pressure of the military force against the commerce of this country; and therefore, a greater forbearance might have been practised toward them than at present. He contended, that considerations of forbearance respecting America, should not induce the house to abstain from adopting, not an act of practical injustice, but the measures which the circumstances of the times required, namely, to warn American vessels, in the first instance, against entering French ports; but not to capture them, unless they should be found contumaciously bent on entering the ports of France. What had been said, therefore, did not appear to them to be any ground why his hon. and learned friend should desist from prosecuting his motion, because it would be obvious, that what was lost to this country by its forbearance, would be gained by France. It was also desirable, that the house should have a more definite statement of that unexplained period that was to elapse between the present measure, and the more vigorous measures, that were to be adopted by government. Notwithstanding the vast superiority of our navy, uncontested and incontestible, France had a surprising facility of importing the produce of her own and the Spanish colonies, to as great an extent as during peace. Unless some measures of more vigorous retaliation should be adopted, she would hereafter have a larger share of this trade than heretofore, because she would not only supply herself with colonial produce, but absolutely have a monopoly of all the continental markets, against the colonial produce of this country. It was impossible for him, with the documents he had, to state to what extent this would take place, but certainly France would be put in a better situation than this country; and the house would be able to judge of this question when aware, that the object of the French government, as stated in her decree, was to annihilate the trade and commerce of this country. It might assist in forming this judgment to look at the amount of colonial produce imported into, and exported from, America in the last year. The gross amount of its imports was of the value of seventy-five millions of dollars, of which twenty-eight millions of dollars value had been re-exported to Eu-
rope, the greater part to France, by fictitious changes of ownership, however it was contrived. The amount of the export he took from an official American document, and the produce reached the ports of France, wherein a revenue was collected upon it, that enabled France to carry on the war against this country; and all this from our forbearance relative to neutrals. If they were to look only to the question of insurance, they could find that a cargo from a French colony to a port of the mother country, without some protection of convoy, can be insured on the same terms as a vessel from Jamaica to Great Britain, whose squadrons cover the ocean. By these means the revenue of France was fed as effectually as in time of peace, and the French government enabled to carry on the war with so much facility and effect. But the learned gentleman opposite had said that we had no right to interfere until we should have ascertained whether America would submit to the aggression of France. Did the hon. gentleman mean to say, that until the American merchant should be afraid to risk his cargo, which he might cover by insurance, lest before its arrival at its destination it should be captured, we should defer taking these vigorous measures, which the measures of the enemy had rendered necessary? that this country was to wait till it should know what might be the representations of the American government at the subject of the extraordinary decree of the enemy? They might, however, judge what would be the representations of the French government, by the conduct which that government had adopted during the last war, when it was every way in a better condition to resist the injustice of the enemy. But if they were to wait till the American government should insist upon those principles, by which the law of nations is upheld, they might wait till doomsday, as, whatever might be their feelings, the commercial people would attend to their commercial interests. Since the publication of this decree, which had been at first general as to all nations, some communication had taken place between the American ministers in this country and the French government, in consequence of which some practical relaxation of the decree had taken place. This was one ground why we should look upon America with jealousy, and it was an aggravation that she had, by a secret understanding with the French government, contrived to take her shipping out of the operation of the decree that was at first general, and placed herself in a situation of connivance with the French government. An American agent might have represented to the French government how little it could gain by the execution of the decree, so far as America was concerned—that France had not the power of intercepting American vessels and therefore as she could not gain much, that she might the more readily take from the Americans the necessity of vindicating their own rights, by resisting the execution of the decree, and leave their neutral flag still to cover French colonial produce. It was not surprising that the deputies of Hamburg, and the Hanse Towns, had failed in their mission to the French ruler—but when the case of America had been stated to him, it was too obvious not to awaken him to a sense of the policy of attending to it. If it should not also awaken his majesty's government to a sense of what they ought to do. Parliament ought to make them alive to the measures which should be adopted in consequence of the aggressions of the French government, and the supineness of his majesty's ministers. On all these grounds he should support the motion of his hon. and learned friend.
(To be continued.)
CONGRESS.
HOUSE OF REPRESENTATIVES.
THURSDAY, February 19.
Debate on the resolution of Mr. Broom.
[CONCLUDED.]
Mr. Gregg (Penn.) rose to move a postponement of the resolution indefinitely. Messrs. Varnum and Sloan both instantly seconded the motion to postpone.
Mr. Newton (Va.) expressed his decided hostility to the motion of postponement. If ever there was a subject worthy of the consideration of the house, it was this. Every subject relative to liberty should be treated with respect by the votaries of liberty. If we can better the condition of our fellow citizens it is our duty to do it. The question is whether the constitution and laws are sufficient to protect the liberty of the people. I will not decide on the conduct of Wilkinson. If he has done wrong let him answer. I will say nothing of indemnity, for if it is announced that he is to be indemnified out of the public treasury, it will be an inducement with juries to give higher damages.
It is said that the quarter whence the resolution comes is suspicious. I am indeed somewhat suspicious of that class of men, and would say with Laocon of Troy— timeo Danaos et dona ferentes . But I will examine whatever is offered, reject the bad and take the good. I will not do as they did when in power, forget the rights of the minority.—God forbid that we should ever imitate the bad examples set us by our predecessors. I congratulate the mover of the resolution that he is at last recanted from his long slumbering political death. I am glad of his illumination, and I render him my thanks for bringing forward this resolution and my support.
I like the amendment. The supreme court after hearing the case for five or six days, are still in doubt with regard to the extent of their jurisdiction. I wish to know what is the law, by whom we are to be tried and where.
Mr. J. Randolph spoke at great length against a postponement. He said the motion would have an effect different from what was contemplated by the mover—it would prolong the discussion. Every member was ready now to say ay or no, on the resolution, and the motion to postpone would give all a right to speak twice more on the subject.
Mr. R. was sorry for the declaration of Mr. Smilie, that he should vote in favour of a postponement. He understood that gentleman to be in favour of the measure, and how could he reconcile a vote to postpone. Can he point out any difference between negating the resolution and postponing it indefinitely? This kind of postponement is only a method of quieting tender consciences; it has been invented to gain the votes of those who had not the courage to put a manly negative to a bill. The essence of both is the same. Suppose a motion were made to postpone indefinitely the petitions of Stephen Sayre or I don't recollect the name (a member suggested Oliver Pollock) Oliver Pollock or

any other of those persons who hang upon us session after session; would not the gentleman from Pennsylvania (Mr. S.) consider it equivalent to a proposition to put an absolute negative? The fact is, there is no difference between an indefinite postponement and a negative, and were I an enemy to the resolution on the table, I would vote against a postponement and then negative it openly and manfully. I hope those gentlemen who are opposed to the resolution will have the candor to vote against a postponement. This motion gives members an opportunity to reject the resolution without appearing to be the open enemies of a measure to secure the right of the citizen—for when they go home and their constituents ask them: Well! what have you done with regard to the habeas corpus resolution? Have you rejected it? Oh! no. We have only postponed it. This motion gives a loop-hole for dishonest members to cheat their constituents.
In reply to some observations of Mr. Bidwell on what Mr. R. had before said relative to the conduct of Chatham and Camden in the case of the proclamation issued to prohibit the exportation of corn, Mr. R. said he merely referred to the case, to show that when the known and acknowledged friends to liberty, intoxicated with power and popularity, quit the true ground, they must expect the cannon of their own battery to be turned against themselves.
In reply to Mr. G. W. Campbell Mr. R. said he was sorry to trouble the house with idle declamation that served only to answer itself. It was however ended at least with the properties of an echo and served as a sufficient reply to the observations of certain gentlemen. From time immemorial a dispute existed between wit and dullness, imagination and judgment, and though some sceptical philosophers have presumed to doubt whether they are always separated, yet the opinion of their incompatibility has prevailed so long that there is not a coxcomb who does not on the strength of his dullness arrogate judgment.
Mr. R. said it was generally his misfortune to come to the house unprepared, and that therefore when he got up to speak he was obliged to say what came first into his head.
Gentlemen give us no opinion and yet they throw out very broad hints. The cases of captains Little and Murray have been cited in support of Wilkinson. Mr. R. considered the cases at some length and insisted that there was no analogy between them, because captains Little and Murray had only obeyed the commanding officer. This case does not therefore apply unless Wilkinson had the orders of the executive to conduct himself as he has done. And is the gentleman from Massachusetts (Mr. Bidwell) preparing the house to receive instructions from the commander in chief? I hope not; I believe not; though my belief is taken up much at random. But will the gentleman (Mr. B.) say, if the conduct of captains Little and Murray was palliated or justified that therefore no blame ought to be attached to the executive who issued those orders?
This whole business is the most unfortunate that could well have happened. If Louisiana had been conquered by arms, the prejudices of the people could not have been stronger against us than these events are calculated to excite. They will lay the foundation of lasting feuds and animosities, unless timely healed by a wise and prudent course of conduct. I will give my opinion here; I would not give it elsewhere; for I am no man's confidential friend in political affairs. I would instantly recall every officer who has been in any wise concerned in fomenting the disturbance at New-Orleans. It will hardly be supposed that I could expect to be any one's successor there, or that my recommendation would avail to procure an office for any of my friends. I would recall every officer who has participated or who has been even suspected to participate in the petty divisions of that country. I would rub out and begin anew.
The people of New-Orleans speaking the French language were told that on the transfer to this country they should taste the sweets of liberty; that lettres de cachet were done away and they were to hear no more of confinement in the tower of Segovia; yet unfortunately among these people the first lesson of military authority is taught. This will not attach them to the United States, and it will prevent every man of reputation and who values his own character from emigrating to that country so as to dissolve the French population.
Suppose such a thing had happened in my, or your (the speaker's) country, the spirit of the people would have settled the business before now. Mr. R. then stated, that in a county in Virginia, which composed a part of the district which he represented, a man in 1798 peaceably enlisting troops for congress, had to leave the county, on account of the general indignation of the people against the army. Such was the spirit of '98, and now we are vindicating military authority. Will any man tell the cause of this change? Mr. R. said he was at a loss.
A gentleman from Massachusetts (Mr. Bidwell) takes the case I put of a member of this house being arrested, and says an action of damages will lie for redress. Suppose the member is murdered, with a man gravely tell me of an action of damages? The habeas corpus is the only writ of the constitution; and is a violation of this magna charta of our liberties to be put on the footing of a common trespass? It needed no ghost to tell us that an action of damages would lie for an illegal arrest, but there are any penalties to enforce a writ of habeas corpus? We want a certain and adequate remedy.
The gentleman from Massachusetts (Mr. B.) is unfortunate in saying that I am an advocate for the punishment of death in all infractions of the writ of habeas corpus, or as he calls it, for small and trivial offences, I know not if I have the words, I have the idea. If I am wrong, the gentleman can correct me. (Here Mr. B. explained, when Mr. R. proceeded.) He understood me right, so far as he goes, but he does not go far enough. I would punish with death a commander in chief who should dare refuse obedience to a writ of habeas corpus, but would I punish the man who is merely an instrument in his hands? you might as well break the musket employed in the service.
Will any man say the commander in chief who sets himself up in array against the constitution is not worthy of death? Whoever commands an army and sets at defiance the constitution, is a traitor. If the facts stated to have taken place at New Orleans are true, Wilkinson is the traitor. Who are traitors? Burr and co. and why? because they attempt to overturn the laws. The commander in chief does the same.
Suppose he puts down Burr to put up some body else; what then? Suppose it is done to gain a momentary éclat—If the commander in chief, after having gone all lengths in treason, now turns against his confederates and endeavours to make his zeal atone for the want of fidelity, he is guilty of double treason; he has violated not only his duty to his country, but even that fidelity which is known among knaves.
The gentleman from Massachusetts (Mr. B.) says this resolution will make the people callous to violations of their rights. Does the gentleman from Massachusetts, or do the house imagine that if we step forward in a case where the habeas corpus has been flagrantly violated, the people will con-
fer the crime which has been perpetrated a pecadillo, and unworthy of notice? No. It was the bounden duty of that and of every friend of the present administration to have come forward and said to the mover of this resolution, we are sorry to say that you have got the start, we will go all lengths with you. There would then have been soon an end to the business.
A gentleman from Massachusetts (Mr. Quincy) has forcibly stated the distinction between the right to the writ of habeas corpus, and the penalties to enforce it. The writ is intended to prevent false imprisonment, and not to punish it. He however omitted one thing. In England the writ is guarded with the sanction of death, and shall it be said that we are less attached to the liberty of the citizen than the people of England? If a judge should there refuse a writ of habeas corpus, he would be impeached and decollated. If the habeas corpus had existed in Stafford's time, and he had been charged with violating the right, what crime was there alleged against him, which would have been considered as more completely proving a settled design to subvert the liberties of the subject. This writ is guarded by attainer, and nothing would now sooner produce an act for this purpose than the violation of the writ, if the people of England possess the spirit of former times.
Mr. Edm. (Verm.) A gentleman from Tennessee (Mr. G. W. Campbell) whom I do not at this moment observe in his place, but will presume that he is attending his duty as a member of the house, and to attract whose attention I will "lift up my voice," in both of his speeches of yesterday, certainly entitled the house to some additional, at least to some explanatory remarks of mine; and although the house would be very willing to relinquish its right, I cannot, as an individual member, consent to part with my portion of the claim.
In the first place that gentleman seemed disposed to announce to the house that I was not so well versed in the law of treason as himself. He said that in treason all are principals, and of course that there can be no accessories. It is very true. The general principle is correct. It has long been settled as a principle of English law, that acts, which in felony, would make one an accessory before the fact in treason, as well as in trespass, render him a principal offender. But there is a humane and liberal principle in the English law upon this subject, which those exclusive republicans who are ready to justify general Wilkinson, by considering the persons accused by him guilty of the actual commission of the crime of treason, either do not know, or are not disposed to adopt. The general principle is subject to this qualification, except in treason, touching the death of the king, &c. In every other kind of treason, it is admitted that offences of an accessory nature may exist, and that they are of a derivative character; some act must be done, to which the offender must be accessory, and from which his guilt is derived; some original and principal traitor may exist, to whom another may be considered, in the first instance as subservient. Although in the event of the prosecution such an offender may be considered as a principal, yet, in his progress towards conviction, which is the case now existing in our own country, he ought, from a principle of natural justice, to be considered merely as in the nature of an accessory, before or after the fact. Otherwise, if the person accused as an accessory were tried before the person who actually committed the act, the very great absurdity and injustice might result, that the accessory agent might be convicted, and he who was the principal could not be tried, because the act of the accessory could not be proved, might be acquitted. This principle is to be found in Foster, Hale, and Hawkins, who may be considered as the classical writers upon criminal jurisprudence in Great-Britain.
On the information that I was ignorant of the law, I should however, have had but little reason to complain. I do not recollect that any one adopted the expression, "champion of the constitution," but myself, and the gentleman spoke of those who announce themselves to the public, as the champions of the constitution and the cause of liberty, merely for the purpose of making a great noise, and of displaying "pictures," calculated to attract the attention, and delude the imagination of the people. I will not presume, although I could with the gentleman were present to give a serious explanation, that he intended to impeach my motives. But something must be said on the subject of pictures and painting. From the extreme difficulty with which the gentleman managed his metaphor, it was obvious to us all that he was no great proficient in the art. And yet he is unquestionably the very best painter of the particular school to which he happens to belong. There is more animation in his figures, there is more nerve in his attitude, there is more glow in his features, there is more grace even in his colouring, than are to be found in the best productions of his associate artists. We have lately heard and read much of what are called in the newspaper cant of the day, a republican majority against a republican minority men, and republican minority against a republican majority men, and republican minority against a republican majority men. The gentleman, probably, wishes to be considered as a "champion" and leader of the majority, composed of found statesmen and logicians, while the minority consists of mere painters and declamatory orators. Be it so. You would not ensure, at the rate of ten guineas per cent, which we are told is the price of insurance of American property in London, since the publication of the famous imperial decree, the final triumph of the school of logicians over that of painters.
But I did not arrogate to myself, the distinction of a "champion of the constitution" in the proper sense of the term—it must be within the recollection of all, that I said I was the champion of the constitution, only as every member of the house was bound by oath to be its defender against usurpation and unauthorised military power.
Mr. Clay (Penn.) was in favour of the resolution, and stated his reasons—The circumstances at Charleston S. C. which attended the refusal to obey a writ of habeas corpus showed the necessity of some further law to enforce the observance of the writ, and if the refusal was by virtue of the military authority of Wilkinson, the subject required investigation.
Mr. C. regretted that party considerations had been introduced into the debate. He considered it as a mere trap to get a few votes. The enemies of the resolution had resorted to the darkest times of federalism for examples to justify the conduct of Wilkinson; but if in these times men were transported or imprisoned, it was done by law, it was done by virtue of a statute of congress. But if a man is seized at New Orleans and transported 2000 miles, and then the question arises whether he shall be sent back for trial, this is worse than the alien law; it is worse than any thing done in federal times. If gentlemen will destroy the rights of the citizen, let them do it boldly and by statute, and not by the quibbling of the bar and by exciting prejudices against their political enemies. Mr. C. said he thought it was a very unfortunate thing for a man to be bred to the bar. It gave him such a turn to quibbling that he lost sight of plain common sense. (Note Messrs. Early, Jackson, Bidwell, G. W. Campbell, Holland, &c. opponents to the resolution, are attornies.) The kidnapping of men as Mr. Eppes had called it, he considered as an infraction of the writ of habeas corpus. It made little difference whether Wilkinson kept his prisoners at New Orleans and refused to obey the writ, or sent them down the river to Balize and then evaded the demand by saying that the prisoners were sent away and could not be had.
There were loud and reiterated calls for the question. After three days debate on the resolution the question for postponing it indefinitely was taken by yeas and nays, and carried by a majority of two—yeas 60, nays 58.
NEW-ORLEANS, February 23. On Friday last, capt. Walter Burling, aid-de-camp to general Wilkinson, reached this city from Vera Cruz. Capt. Burling, we understand, went from Natchitoches to the city of Mexico, and from thence to Vera Cruz, when he took shipping for this place. What was the object of his mission, we know not, nor do we learn whether he brings any news—all we have learnt is, that wherever he went he was received with distinguished attention, and had an interview with the viceroy.
By W. B. LAMB.
On Wednesday the 8th of April, at eleven o'clock, will be sold without reserve, for cash, 4 cases Platilias; 3 do. Listadoes, 3 do. Dowlas; 2 boxes Creas, 19 chests Young Hyson Tea.
At private Sale, 16 hhds. 50 bbls. brown Sugar, 15 tierces, 60 bags Coffee; 10 puncheons Rum, 5 pipes Madeira Wine; 16 bags Pepper; March 3d.
FERGUSON'S Packet will sail for Baltimore the first fair wind.
THE PUBLICK LEDGER.
WEDNESDAY EVENING, APRIL 1, 1807.
We have this day concluded the debate on the motion of Mr. Broom, the fate of which must surprise those who not have been accustomed to take professions for deeds. However we may boast of the superiority of our constitution over the constitution of England, we cannot say that the benefit of the writ of Habeas Corpus is as well secured.
The debate in the British house of commons, to which we alluded to in our last, we commence this day, and shall conclude in our next. It will be found worthy of the attention of the politician in this country, as affording some criteria on which he may found opinions, of what will be the course most likely to be pursued in England, when an account of the rejection of the treaty is received in that country.
DIED—At New Orleans on the 23d ult. MRS. ANN WILKINSON, consort of General Wilkinson.
FROM THE BALTIMORE AMERICAN. TO THE PUBLIC.
As various opinions seem to prevail, respecting several letters published several weeks since in a Norfolke paper, signed Willamez, I deem it my duty to state to the public, that I took the command of the schooner Merchant, at the Havanna, for Baltimore, at the request of capt. Hamilton; and that when ready to sail, captain H. brought all my ship's papers and a number of letters on board, which, without examination or looking over, I tied up all together in a handkerchief: captain H. observed to me, that if I should be boarded by a British Cruiser, I should show all my papers,—When within about a league of Cape Henry I was boarded by an officer from the Melampus frigate and taken on board; and all my papers were looked over, letters opened, and four of them retained; some of which, if not all, signed Willamez; which were all in one package directed to Mr. Williams. Baltimore. I demanded those letters of the officer, but he replied that they were of such consequence to them, that they must retain them.
The foregoing is a correct statement of facts, which should have been published immediately after my arrival, had not circumstances intervened which prevented me.
I am the publick's humble servant, JOHN BIGBY. Baltimore, 25th March, 1807.
FROM THE LONDON GAZETTE.
At the Court of the Queen's Palace, January 17, present the King's Most Excellent Majesty in Council:—
JAMES MONROE, Esq. minister plenipotentiary from the United States of America, having received new letters patent authorizing him, jointly with William Lee, Esq. minister plenipotentiary from the United States, to be present this day a private audience
MONROE, March 28.
WILLIAM LEE.
On this day Mr. Monroe was here on Thursday last, and the publick was carried to remain until Monday next, when he is to be removed
to the city of Washington, where he will receive all the information, respect, and consideration, due to a minister plenipotentiary, and subsequently will not feel ourselves under the necessity of calling to the public until the arrival of the other testimony—If this testimony is found to be true, the laws of the United States will be enforced, and must answer for the same; we will give our aid to publish unauthenticated statements which may tend to prejudice the publick mind, and by inflaming their passions to do no less an injury to the gentleman himself, than to the sacred investigation of justice. Virg. Gaz.
WASHINGTON CITY, March 25. PROCLAMATION.
Whereas by an act entitled "An act to suspend the operation of an act intitled an act to prohibit the importation of certain goods, wares and merchandise, and to remit the penalties incurred under the same," the President of the United States is authorised further to suspend the operation of the said prohibitory act, if in his judgment the public interest should require it: Provided, that such suspension shall not extend beyond the second Monday in December next. And whereas, it is judged for the public interest that such suspension should take place: Now therefore be it known, that I, THOMAS JEFFERSON, President of the United States, by virtue of the authority aforesaid, do hereby suspend the operation of the act entitled "An act to prohibit the importation of certain goods, wares, and merchandise, passed on the eighteenth day of April, one thousand eight hundred and six, until the second Monday of December next.
In testimony whereof, I have caused the seal of the United States to be affixed to these presents and signed the same with my hand. (L. S.) Done at the city of Washington the twenty fourth day of March, in the year of our Lord one thousand eight hundred and seven, and of the sovereignty and independence of the United States of America the thirty first. TH: JEFFERSON.
By the President, JAMES MADISON, Secretary of State.
Gazette Marine Memoranda.
ARRIVED.
Sch'r Elizabeth Margaret, Mallory, 9 days from Havanna. Sugar & Coffee, R. Bowden & Co.—Left there March 19, Ships John Drew, Leffingwell, of New-York, time of sailing uncertain; Calliope, M'Donald, do, to sail next day—Brigs Union, Dunham, Boston, 8 days; Ceres, Brown, New-York, uncertain; Russel, Newton, Newport, do; Mary, Norton, New-York, do.; Parragon, Swan, Philadelphia, 10 days; Three Friends, Cotton, Salem, 5 days—Schooners Triumph, Fallen, Baltimore; Lucretia, Lewis, Warwick, for Boston in 10 days; Tria, Mary, Boston, for New Orleans, next day;
Mary, Urana, Boston, for Philadelphia, in 8 days; Favourite, Potter, Baltimore, uncertain; Adventure, M'Knight, Alexandria, uncertain—Sloop Mercury, Burt, Warren, R. I. 8 days.
The Brig Louisa, M'Namara, 17 days from Jamaica, bound to Alexandria, was driven on shore yesterday on Sewell's Point; as also a schooner and sloop, the schooner is said to be from Fredericksburg with a cargo of wheat.
The ship Charles Carter, Tompkins, of and from this port, arrived off Dover the 6th Feb.
The sch'r Hiram, Gilpin, and brig Fox, Whitney, cleared from Kingston, (Jam.) the 10th March, the former for New York, the latter for Boston. The brig Elizabeth, Dickson, and sch'r Welcome Return, Hurst, both of and from this port, have arrived at Kingston (Jam.) also ship Dunrobin Castle, from this port.
Vessels advertised in a Kingston paper of the 11th March for the United States.
Sch'r Charlotte, Stedman, for Philadelphia, in 9 days; British sch'r Phoebe, for New-York the 13th March; Sch'r Ann, Grant, for New-York about the 20th March.
BOOK AUCTION.
To-Morrow Evening, the 2nd instant, will be continued in Col. Newton's new brick-house, on Main-Street, the sale of a large and general Assortment of BOOKS,
in the different departments of literature. Gentlemen are invited to view the Books on days of sale, from 9 to 2 o'clock—Sale to commence at 7 o'clock in the evening. Francis Smith.
April 1.
On Saturday, the 4th instant, at 10 o'clock, will be sold on Maxwell's wharf, for account of those concerned,
15 Casks of PEASE, received per the sch'r Concord, capt. Shepherd, from New York, 72 do. of PEASE, now landing from the schooner Richmond, capt. Seaman, from New-York—Terms, all sums under 100 dollars cash; over 60 days, approved endorsed negotiable paper. Thomas Willock.
April 1.
Pursuant to a Deed of Trust bearing date on the 26th day of February, 1806, and recorded in the Court of Norfolk Borough, whereby William Deacon assigns unto the subscriber the remainder of an unexpired term of twenty one years (renewable as in the original lease is provided) of, and in
A LOT or parcel of LAND, situated in the Borough of Norfolk and bounded as follows, to wit: beginning on the west side of, and running on Pennock's lane 136 feet, thence on the line of Water-street 40 feet, parallel on the east side with Pennock's lane 136 feet, and from thence on the north side to the place of beginning, the whole making a plot of Land 136 feet long, by 40 wide, together with its appurtenances, Will be Sold, upon the premises, to the highest bidder, at Publick Auction, for an approved noteat 60 days, the unexpired term of and in the said lease, renewable as aforesaid, for the purpose of satisfying a debt due by the said Deacon to Messrs. Donaldson, Thorburn and Company, and the expenses attending the Sale.—The Sale will be made on SATURDAY the 11th instant, at 12 o'clock. L. W. Tazewell, Trustee.
April 1.
For FREIGHT or CHARTER, The ship WILLIAM & MARY, Erasmus Tipling, master—burthen 2,000 barrels. Apply to Noble, & Arbuthnott, & Co. April 1.
A-float, 1,100 bushels of CORN, 5,700 Red Oak hoghead Staves, 4,300 White Oak do. do.—For Sale by Oliveira, Fernandes, & Co. April 1.
A WORK That ought to be in the possession of every MAN.
THE LIFE OF GENERAL WASHINGTON, Complete in 5 volumes 8vo. with an elegant PORTRAIT, and a variety of MAPS, is now ready for subscribers, and a few copies for Sale by JAMES TUCKER.
The following remarks from a late London publication; attest the high opinion entertained of this authentick and interesting work. "The publick will learn with interest that the literary monument which has long been projected to the memory of the most illustrious character of modern times, is at length completed. No apology can be requisite for erecting such a monument to him, who was the first in war, the first in peace, and the first in the hearts of his fellow citizens: to him who was the founder of a great and prosperous empire, and whose moderation and pure patriotism challenge the imitation of all statesmen. This performance of judge Marshall has already been distinguished by the most honorable & unequivocal testimonies; it has been hailed as an acquisition to standard literature; and it has been considered as deserving, in point of execution, a place by the side of Robertson's Charles the Fifth, and as unrivalled in the authenticity of its materials, by any work in the entire compass of history and biography. April 1.
LEWIS AUGIER, Corner of Market-Square, intending to go to New-York in a few days, offers to sell at a very moderate price if cash is paid immediately, viz.
An assortment of Spring GOODS, Consisting of Ginghams, Chambrays, Calicoes, Cambric Dimities, exceedingly fine Cambrics 4-4 and 6-4, cotton and silk Stockings of the best quality, Linen, Book Muslin, very fine linen Pocket Handkerchiefs, Cotton Cassimeres, Russia Sheeting, Ribbons by the box, Irish Linen 4-4 and 7-8, extra long silk Gloves, Pullicat Handkerchiefs, Buck-Skin Gloves, short coloured Silk do. for women, Ticklenburgs, an assortment of Hardware, and a number of articles too tedious to be described. Ladies' Kid and Morocco Shoes, Children and Girls Morocco do. April 1.
A GREAT BARGAIN.
The Subscriber offers for Sale,
THE HOUSE AND LOT,
on which he now resides, being one of the most pleasant situations in the town of Portsmouth, extending 270 feet on South-street, and 119 feet on Green-street; contiguous thereto, is a never-failing spring of the best water in Norfolk county. The stand is equal, if not superior to any in Portsmouth for a Grocery Store, Tavern, &c. as all the wagons, carts, &c. from North-Carolina and the lower parts of Virginia, pass and repass by the door. The premises consist of a very good Dwelling-House, containing two rooms and a passage below, and three rooms above, a very good Kitchen, Dairy, a large Smoke-House, capable of smoking 30,000 wt. bacon; good Stable and Carriage-House; a large Kettle set in brick, capable of scalding 500 hogs per day, with a large and highly improved manured Garden, the whole being well enclosed. For terms, apply to the subscriber on the premises. Edward M. Walter.
Portsmouth, April 1.

The Ship Good Hope, burthen 187 tons, or 1800 barrels, is offered for charter, and can be ready to receive a cargo immediately. For terms apply to the master on board, or to
March 30.
Christopher Fry.
For NANTZ, The good Brig Pandora, burthen 220 tons, having most of her cargo engaged, she will sail in ten days. For freight of a few articles of convenient stowage, or passage, apply to
March 30.
John Newell, jun.
For FREIGHT or CHARTER, The Phil'a built Ship William Penn, coppered, burthen 360 tons, now ready to receive a cargo. Apply to
March 23.
Edward Watson.
For SALE, The Bermudian built copper fastened Brig MARTIN, burthen 135 tons or 1400 barrels, in good order and well found, can be sent to sea at a small expense—a liberal credit will be given.
Also the Cargo of the said Brig, consisting of Superior Antigua Sugars, in hhds. tierces and barrels. Apply to
March 20.
C. & F. Whittle.
For CHARLESTON, The fine new Schooner Ploughboy, Frederick Hall, master, will be ready to sail about the 1st of April, fitted out elegantly as a packet, and intended as a regular trader from this to Charleston and Baltimore. For freight or passage apply to the master on board, or to
March 20.
D. R. Waddey, & co.
Who have just received, 20 barrels Whiskey; 15,000 wt. Coffee, of good quality, which they offer for sale at reduced prices.
March 20.
For Freight or Charter, The Schooner BEAVER, Eben Jordan, master, burthen 106 tons, will be ready to receive a cargo within three days. Apply to the master on board at Gorham's wharf, or to
March 18.
Phinehas Dana.
Who has for Sale landing from said Schooner, 30 hogheads of good SUGAR, and 2 do. Molasses. And in Store, 250 boxes Mould Candles; 6 hhds. and 10 barrels Loaf Sugar.
March 18.
Moses Myers.
For Amsterdam, The elegant new Ship GEORGIANA, Edward Chamberlain, master. For freight apply to
March 6.
Moses Myers.
I want to Charter, A British SHIP, of from 150 to 300 tons. Apply to
March 6.
MOSES MYERS.
For SALE, On board the ship Betsey, from Liverpool. 7,000 bushels coarse Salt 1169 sacks fine do. filled in Liverpool 94 crates Earthenware
March 18.
A MACLURE.
The BETSEY is a fine fast sailing ship, almost new, and will return direct to Liverpool—for freight apply to
March 18.
A MACLURE.
Who has also in store for sale, 58 crates Earthenware, 16 casks Glassware 8 gross Bottles in crates, 16 pipes Cogniac Brandy 8 pipes fine old Sicily Wine, 2 boxes coarse Hats 5 boxes Pipes, 9 boxes Castile Soap 11 cases Anniseed, one dozen each 7 casks Claret Wine.
March 18.
A MACLURE.
The American Ship AMALIE ANTONETTE, Captain Williams, burthen 430 hogheads to tobacco, is offered for Charter by
December 17.
C. & F. Whittle.
Landing from on board the Schooner Weymouth, captain W. W. Weymouth, 10 pipes of old Cogniac Brandy, and a few bundles of Hay, which will be sold low by applying to
March 30.
John Brown, Marsden's wharf.
Five Dollars Reward. Went a-drift, or stolen from the ship Herald, A YAWL, about 16 feet keel, white bottom, black and yellow paint works; wash-board around her, and a staple in her stern post.
March 27.
3
The Subscribers offer for Sale, at their Warehouse, No. 3, Maxwell's wharf, 1000 dozen of CLARET, in cases of from one to six dozen, some of which is of superior quality and the greater part entitled to drawback.
March 16.
Brunet & Thompson. Gt. Lawt
Wants a situation, A Person acquainted with Mercantile Business of almost every description, having acted in the capacity of a Clerk for nearly 9 years: the most respectable reference can be given for his abilities, sobriety, and integrity, by application to Mr. J. Cowper, Editor the Publick Ledger.
March 20.
Gt
NOTICE. All persons having claims against the Estate of DANIEL McPHERSON, deceased, are requested to exhibit them immediately to the Subscriber duly attested those indebted to said estate, are informed that an immediate payment is indispensable.
August 1.
John Mc'Phail, Ex'r.
GERMAN LINEN. To close sundry consignments, I will sell for approved endorsement paper at 4, 6, and 8 months, 45 pieces heavy Ticklenburgs, 90 do. assorted Osnaburgs, 50 do. fine Plaitillas, 24 do. do. Flanders Sheetings, 15 do. do. Shirt Linnen, 350 do. German Rolls, Also low for Cash, 110 boxes Window Glass; 90 do. short Pipes, 7 do. half pint Tumblers; 12000 Bags of various kinds.
March 23.
John C. Nicmeyer.
The subscriber is desirous to contract with some person to supply this Garrison with FUEL for one year from the 1st April next.—Proposals will be received to the 31st March.
John Saunders, Capt. U. S. Art. Commanding
March 13.
125 boxes White Havanna SUGAR, of the first quality, now landing from the Schooner Fanny Sewell, for Sale by
March 13.
Thomas Willock.
March 13.
DR. JAMES BROWN, Begs leave to inform his friends and the publick of Norfolk and its vicinity, that he practices
PHYSICK AND SURGERY, and hopes to merit publick patronage.—He may be consulted at his shop in Main-street, and adjoining Mess. Southgates' store. Feb. 18.
March 13.
For SALE, 370 bags Coffee, 22 bales Cotton, 11 hogheads clayed Sugar, 50 do. Muscovado do.—entitled to drawback and certificate.
10 chests German Goods, consisting of Brit- tannias, Plaitillas, and Crease a la Morlaix—entitled to drawback.
15,000 feet St. Domingo Mahogany, of large dimensions and choice quality; 5000 bushels Liverpool Salt, loose and in sacks; Gosport Rum in hhds. and barrels.
And on a credit of twelve months for approved paper,
12 pipes choice old L. part. Madeira Wine.
James Young.
January 7.
NOTICE.
THOSE who have claims against the estate of BENJAMIN WOLF, deceased, are requested to produce them, and those indebted to make immediate payment to
Angus Martin, Adm'r.
January 7.
NOTICE.
Will be given the sum of Five Dollars for any information respecting the Virginia Bank Stock.
Apply to the Editor of this Paper. Nov. 3.
November 3.
The Subscribers in addition to their general assortment of STIR CHANDLERY and GROCERIES,
have received from the John and Alice, from London,
100 casks Camp and Hoyt's Brown STOUT,
100 pipes choice old L. part. Madeira Wine,
50 casks of Gin, 100 do. of Rum, 100 do. of Brandy,
which they will sell low, and on a liberal credit.
Noble, Arbuthnott, & Co.
October 10.
LOTS for Sale, Lease, &c.
THE Subscriber purposes to lay out and dispose of for Building Lots, either in fee simple or upon ground rent, the whole of that square of GROUND in the Borough of Norfolk, so admirably situated in the centre of the town, and immediately between the two Banks. It extends upon Granby-street about 600 feet, and upwards of 400 on Wolf-street, which leads from the United States Bank into Catharine-street. A survey and plot of the same is preparing, and will be ready for the inspection of purchasers in a few days. In the mean time the proprietor will be glad to hold conferences with those who may incline to purchase, in order that the grounds may be so laid out as best to correspond with their wishes.
Lake Wheeler.
December 12.
All persons having claims against
the late LEWIS REYNOLDS, deceased, are requested to exhibit them to the Subscriber, duly attested, and those indebted to make immediate payment to
York-Town, March 1.
March 1.
NOTICE.
Now landing from the Schooner BEAVER,
64 hhds. Sugar, 100 do. Molasses,
54 bags Coffee; 10 do. do. Salt.
March 6.
The partnership of
kindly being dissolved by mutual consent,
the business of the late firm of Gilliat & Mackinder
is transferred to the sole business of
John Gilliat, who will be responsible for all debts
of the late firm from and after the date of this notice.
March 6.
John Gilliat.
NOTICE.
ALL persons indebted to the Estate of JAMES
DICKINSON, deceased, are desired to come forward; and
those who have any claims against said Estate, to bring them
forward, in order that they may be settled by
Mary Dickinson, Exec'r.
Norfolk, Nov. 3.
November 3.
WHO HAS FOR SALE,
That pleasant place BELL VIEW.
It contains TWO HUNDRED Acres, lying on the lower
end of Barrett's Neck, Nansemond county, between Nanse-
mond River and Chuckatuck Creek, fronting Newport-News,
Hampton Roads, and is about 14 miles from Norfolk by water.
There is on the land two good Dwelling Houses, one of
them a two story frame house, 30 feet square, with a Kitchen,
Wash House, Smoke House and Dairy, a large new Barn
and Stable, and a Carriage House, a Spring House, and a
never failing Spring. The other a new Dwelling House, a
Kitchen, Quarter, &c. with a large Garden newly built of the
best materials, and a good Stable. The land lies high and
level, and is mostly covered with timber: it has a ditch and a
fence from Nansemond to Chuckatuck, which prevents stock
from going off or coming on the land; and is one of the best
places for stock, or equal to any in the country. The price
will hardly exceed the worth of the buildings on the place
if applied for soon. The payment will be expected in
cash, as the terms will be remarkably low.
John Hamilton.
March 18.
NOTICE.
All who may have claims on Mrs.
S. Wright, lately deceased, are requested to forward them
for adjustment to
L. Anderson, P. M.
Feb. 23.
Williamsburg.
FOR RENT,
And possession given the 1st June next, that well known
Tavern.
The Exchange Coffee-House.
Any person inclined to rent may have it furnished with
suitable furniture and servants, or not, as they may think proper.
This house is so well known, that it is unnecessary to
particular description of it is necessary; it is sufficient to ob-
serve that it was built expressly for a publick house.
John Warren.
NOTICE.
The Subscriber having purchased the
Plantation near Hampton, formerly called the Glebe, fore-
warns all persons from cutting wood, or trespassing in any
manner under the penalty of the utmost rigour of the law.
Robert Wills.
March 18.
LAND FOR SALE.
The subscriber is empowered to sell
a Tract of LAND, situate on the south side of the Eastern
Branch of Elizabeth River, and distant about one mile from
the Bridge. The Land near the river is high, and furnishes
a fine view of the town of Norfolk. No site near the town
is better adapted for a country seat. The terms of sale will
be made accommodating to the purchaser.
Robert B. Taylor.
January 23.
FOR SALE,
50,000 white oak hoghead drawn Staves
50,000 red do.
30,000 rough do.
20,000 Cypress Pales
2,000 Cedar and Chinquepin Posts
50,000 building Shingles.
Proby, Harman & Co.
March 2.
FOR RENT,
(And immediate possession given)
That commodious Fire-Proof WARE-
HOUSE, on the North side of Wide Water-street, a few doors
West of Commerce-street, at present in the occupancy of
Mr. R. Gibson.
David Patterson.</