Berkeley and Jefferson intelligencer (Martinsburg, Va.), 1807-11-27 00:00:00

Berkeley and Jefferson Intelligencer.
[No. 37 of Volume IX.]
FRIDAY, November 27, 1807.
[WHOLE No. 443.]
Fresh Fall Goods,
JUST received and now opening by the subscribers—the quantity extensive—the variety fashionable—and terms the most reasonable—the entire selections and purchases made by the acting partner at the Philadelphia Cash Markets, from whose experience and ardent perseverance, to please customers particularly, and the public generally, on the most reasonable terms, it is presumable, the present assortment will exhibit the most flattering recommendations.
From an extensive and late importation of European and East-India manufactures, have been selected the following articles, viz.
 Superfine London Broad Cloths, Common ditto, Brown and mixt Coatings, Forest Cloths, Halfhicks and Kersys, Baize, white, red, green and yellow Flannels, Superfine Scarlet, &c. Cassimeres, Bennet's patent Cord, Do. do. Fancy Waistcoating, Do. Cotton do. White, olive, mixt and black Constitution, &c. Cords, Plain Velvets and Velveteens, assorted, Fancy do. and do. Thickets, A handsome assortment of Woolen and Cotton Hosiery, A handsome assortment of the most fashionable Japanese Tea-Trays, Ladies Head Trimmings, Do. Feathers and Plumes, Plain, Spotted, and Trafalgar Leno Muslins, Do. Spider Net, ditto ditto Shawls and Handkerchiefs, Furniture Calicoes, ditto Tassels, Chintzes and Calicoes, Fancy and plain Ribbons, well assorted, Silk and Cotton Umbrellas, Fancy and plain Silks, for Ladies dresses, Silk Shawls and Handkerchiefs, Cotton Cords and Tassels, Ladies short and extra Long Silk Gloves, 6-4 Cambrick and 3-4 Dimities, complete by assorted, Silk & Cotton Chambroy Muslins ditto do. 6-4 and 3-4 Cambrick Muslins, ditto do. India Muslins, per bale, piece, or yard, ditto Common and Superfine book Muslins, Leghorn Hats and Bonnets, trimmed complete, Plain and figured Silk, ditto, Fancy Satin Straw, ditto, A general assortment of fine Brussels Lace and Edgings, 4-4 and 7-8 Irish Linens, White and brown Russia Sheetings, ditto Ticklenburgs, Country Linen and Twilled Rags, A neat assortment of well finished Jewellery, Mahogany framed Looking Glasses, Common Dressing and pocket, ditto, An elegant assortment of China and Queen's ware, A large assortment of Groceries, Also a quantity of Antietam Iron, completely assorted, Crowley and Blistered Steel, Sheet and Strap Iron. 
They respectfully return thanks for all favours conferred in their line of business since commencement. With a desire to retain a liberal share of public patronage in the Mercantile business, as well as to give general satisfaction, they beg leave to subscribe themselves, the public's most ob't and humble serv'ts, THOMAS C. SMITH, & Co. Martinsburg, October 23, 1807.
N. B. They still offer for sale the House and Lot, occupied by Mr. Levi Price, in which they will give a great bargain. For terms apply to THOMAS C. SMITH.
NOTICE.
A PETITION will be presented to the General Assembly at its next session, praying that a law may pass for the appointment of Commissioners with power to regulate the police of the town of Bath, and to raise, by way of Lottery, or otherwise, a sum of money for the improvement of the Public Square within the same.
October 16, 1807.
PURSUANT to a decree of the County Court of Berkeley, will be sold at public vendue, on Monday the 30th of November next, to the highest bidder for Cash, a Tract of LAND belonging to the estate of Benjamin Hedges, deceased, on which the said Hedges lately lived, and now in the occupancy of his widow, containing 120 acres of Limestone Land, situate on the road leading from Martinsburg to Bath; the greater part of the Land is cleared; there is a Dwelling House, Barn, and an Apple Orchard on it. The above property will be sold subject to the dower of the widow.
 JOHN TURNER,  GEORGE PORTERFIELD,  AARON FARIS,  SAMUEL CUNNINGHAM, 
Commissioners.
October 16, 1807.
P. S. The above Land was advertised for sale on the 17th of August last, but the sale was postponed for want of bidders.
25 Dollars reward.
LOST on Saturday the 10th instant, on the road leading from Martinsburg, by Foreman's Ferry on Potomac river, to William Davis' living in Ringer's Manor, a number of notes of hand wrapped in a piece of newspaper. Whoever finds the same and returns them to me, or secures them in any manner, so that I get them again, shall receive the above reward with thanks from the subscriber.
ALEXANDER PORTERFIELD. Berkeley County, October 16, 1807.
Virginia Lands
For Sale.
THE subscriber offers for sale several Tracts of Limestone Land, of the first rate quality, containing from 150 to 300 acres, well watered and timbered, lying within half a mile of the Potomac river, in Berkeley County, about seven miles above Williamsport and ten from Martinsburg. For terms apply to the subscriber on the premises. GEORGE NEWKIRK. September 18, 1807.
NOTICE.
THOSE who made purchases at the late sale of the property of William Burns, deceased, and gave their notes for the same, are hereby informed that those notes will become due on the 30th instant, by which time it is hoped they will be discharged, as it will not be in my power to give indulgence.
JOHN BURNS, Acting Exr. October 29, 1807.
THEODORE MEMENGER is authorised to settle the accounts of Doctor Edward Conrad, late of this place—Those indebted will oblige by paying the amount of their accounts—Suits will be instituted against such as do not show a disposition to settle. Martinsburg, September 25, 1807.
NOTICE.
ON the 15th of October, 1805, I declined the Mercantile business, I then flattered myself that long before this, it would be in my power to collect all my debts, but so it is, there is yet very considerable debts due to me, I now for the last time request every person indebted to me in any manner whatever, to make payment before the first day of November next, as suits will positively be brought against all those who fail to make payment, on, or before that time.
JAMES CAMPBELL. Sept. 25, 1807.
FOR SALE.
A set of Dobson's edition of the Encyclopaedia. Apply to the Printer.
At a Court of Enquiry assembled on board the United States Ship Chesapeake, in the harbor of Norfolk and State of Virginia, by order of the Hon'ble Robert Smith, Secretary of the Navy of the United States, and continued by adjournment from day to day from Monday the 5th day of October, 1807, until Wednesday the 4th day of November, 1807.
PRESENT.
CAPTAIN ALEXANDER MURRY, President, and
Captains Isaac Hull, and Isaac Chauncy } Members thereof.
The following opinion and report was unanimously given, and directed by the court to be transmitted to the hon. the Secretary of the Navy of the United States.
PURSUANT to an order from the Honorable Robert Smith, Secretary of the Navy of the United States, to Captain Alexander Murry directed, dated the twelfth day of September, in the year of our Lord, one thousand eight hundred and seven, the court proceeded to enquire into the causes of the surrender of the Chesapeake, a frigate of the United States, then under the command of James Barron, Esq. a captain in the navy of the United States, to a British vessel of war, which surrender was made (as is in the said order stated) without that defence being made which might have been expected from the known valor of Americans; and having heard all the evidence adduced, as well by the Judge Advocate, as by the said captain James Barron, and having maturely and thoroughly considered the same, (captain James Barron having declined to offer any defence) REPORT to the honorable the Secretary of the Navy of the United States, as by his said warrant is required, a state of the matters touching the said surrender, together with their opinion thereon, as followeth:
1.—It appears to the court, that the United States ship Chesapeake, then under the command of James Barron, Esq. a captain in the navy of the United States, sailed from Hampton Roads, on an intended cruise in the Mediterranean sea, on the morning of the 22d of June last past, having on board a crew consisting of more than three hundred and seventy men, and completely equipped with every thing necessary for such a ship of war, sailing on such a cruise.
2.—It appears to the court, that captain Barron was appointed commodore of the ships and vessels destined for the Mediterranean service on the 15th day of May last past, and hoisted his broad pendant on board the Chesapeake, the first time he came on board of her after her arrival in Hampton Roads, to wit, on or about the 6th day of June last past.
3.—It appears to the court, that commodore Barron visited the Chesapeake only twice during the period she remained in Hampton Roads, and before he came on board to proceed to sea; on neither of which occasions, did he examine particularly into her state and condition.
4.—It appears to the court, that the guns of the Chesapeake were never exercised before she proceeded to sea; that her crew were quartered but a few days previous to that time, and had never been called to quarters more than three times prior to her sailing for sea.
5.—It appears to the court, that the ship was reported to commodore Barron to be ready for sea on the 17th day of June, that he came on board on the 21st, and that the ship sailed on the morning of the 22d of June last past.
6.—It appears to the court, that antecedent to the sailing of the Chesapeake, there had been received on board of her some persons who had been claimed by the British governments deserters from their service, but who were not ordered to be delivered up by the American officers—That there was also a report in circulation, and generally known on board the Chesapeake, that a threat had been used by the captain of the British ship of war Melampus, to take these men from the Chesapeake—That commodore Barron had full knowledge of the facts that such men were on board his ship, that they had been demanded by
the British government, and had not been delivered up, the court are perfectly satisfied; but no positive evidence has been adduced to prove, that the report of the threat above mentioned was communicated to him before his ship sailed.
7.—It appears to the court, that the Chesapeake in proceeding from Hampton Roads to sea, passed a British squadron at anchor in Lynnhaven Bay, at the time of her passing them were making signals to each other, which was not only reported to commodore Barron by one of his officers but actually observed by himself.
8.—It appears to the court, that the British ship of war Leopard of fifty guns, one of the squadron then at anchor within the limits of the U. States, weighed immediately after these signals were thrown out, and stood to sea.
9.—It does not appear to the court, that at this time there was any vessel in sight, or any other object to induce her to go to sea, but the Chesapeake.
10.—It appears to the court, that at the time the Leopard got under weigh, the wind was at south-south-west, and therefore fair for her to proceed to sea; but that instead of availing herself of this to clear the land, she hauled by the wind, close round Cape Henry, and stood to the south-ward, under easy sail; thereby shewing that it was not her intention to get off the land speedily.
11.—It appears to the court, that after this the wind became light and baffling, and likely to shift, and came out from the eastward; that when this happened, the Leopard shortened sail, and stood to the eastward.
12.—It appears to the court, that after this the wind did come out from about south-south-east, and that the Leopard then having thus got the weather-gage, preserved it, by tacking in shore when the Chesapeake did so in order to get off her pilot, and after the Chesapeake again stood off to the eastward, that the Leopard wore, and bore down for her.
13.—It appears to the court, that when the Leopard tacked and stood in shore, on the same tack with the Chesapeake, that her lower deck ports were all closed up.
14.—It appears to the court, that when the Leopard ran down for the Chesapeake, she rounded to on her starboard quarter, and to windward of her, and that at this time her tompions were out of her guns.
15.—It appears to the court, that commodore Barron was upon deck, observing the Leopard, during the time these manoeuvres were practising, and these appearances exhibited.
16.—The court is of opinion, that the circumstances above stated were in themselves so suspicious, as to have furnished sufficient warning to a prudent, discreet, and attentive officer, of the probable designs of a ship of war conducted in that way, and ought to have induced commodore Barron to have prepared his ship for action, especially with the information he possessed of the situation of his crew generally, of those who had been demanded by the British government particularly, and of the general state of the ship at that time.
17.—It appears to the court, that commodore Barron nevertheless did not order his ship to be cleared for action, and that he did not call his men to quarters.
18.—It appears to the court, that when the Leopard came along side of the Chesapeake, an officer was sent from her, with a communication from capt. Humphries, the captain of the Leopard, to commodore Barron, which the latter could not and did not understand, but very correctly concluded to be a demand with which he ought not and could not comply, and one which, if refused, would be enforced if possible.
19.—It appears to the court, that although such was the situation and impression of commodore Barron at this time, yet that he did not still order his ship to be prepared for action, although ample time was allowed for that purpose, the British officer being detained on board the Chesapeake from 35 to 45 minutes.
20.—The court is of opinion, that the neglect of commodore Barron to prepare his ship for action under such circumstances, is a direct breach of the fourth article of the rules and regulations for

the government of the Navy of the United States, adopted by an act of the Congress of the United States, passed on the 23d day of April, 1800, entitled, "An act for the better government of the navy of the United States."
21.—It appears to the court, that after the British officer left the Chesapeake, bearing a positive refusal from commodore Barron to the demand which had been made by capt. Humphries, and after commodore Barron was himself satisfied that an attack upon his ship would be made, he did not take prompt, necessary and efficient means to prepare his ship for battle—That his first order was merely to clear his gun deck, and the second given after the lapse of some time, was to get his men to quarters, secretly, without beat of drum; although with such a crew as he had on board, and in such a situation as the ship then was, it was not to be expected that such orders could be effectually accomplished.
22.—It appears to the court, that the conduct of commodore Barron during the attack of the Leopard manifested great indecision, and a disposition to negotiate, rather than a determination bravely to defend his ship. That he repeatedly hailed the Leopard during her attack upon him—That he drew his men from their guns to lowering down boats, to send on board of the attacking ship—and that he ordered his first lieutenant from his quarters during the attack, to carry a message on board of the Leopard, at that time firing upon him.
23.—It appears to the court, that during the attack, commodore Barron used language in the presence of his men calculated to dispirit his crew, by ordering them to keep down, that they would all be cut to pieces.
24.—It appears to the court, that commodore Barron ordered the colors of the Chesapeake to be struck, and that they were struck, before a single gun of any kind was fired from her; and that at the time they were so struck, her main deck battery was in a situation which would have enabled the return of a broadside in a very short time.
25.—The court is therefore of opinion, that the Chesapeake was prematurely surrendered, at a time when she was nearly prepared for battle, and when the injuries sustained either on the ship or crew did not make such a surrender then necessary; and that for this commodore Barron falls under a part of the sixth article of the rules and regulations for the government of the navy of the United States, adopted by an act of the Congress of the United States, passed on the 23d day of April, 1800, entitled "An act for the better government of the navy of the United States."
26.—The court is of opinion, that although the conduct of Commodore Barron, before and during the attack of the Leopard, evinced great inattention to his duty and want of decision, yet that during that attack he exposed his person, and did not manifest either by his orders or actions fear, or want of courage.
27.—It appears to the court, that although the Chesapeake might and ought to have been better defended than she was, yet that she was not in a situation at the time of the attack made upon her, to have enabled so gallant a defence being made as might be expected. Some other guns were not securely fitted in their carriages, some of her sponges and wads were too large, but few of her powder horns were filled, her matches were not primed, some of her rammers were not in their proper places, her marines were neither supplied with enough cartridges, or were those which they had of the proper size. None of these circumstances however could have influenced Commodore Barron in striking his colours, because they were not known to him at the time.
28.—The Court is of opinion, that the conduct of all the other officers of the ship, except those whose duty it was to have remedied the deficiencies before stated, and of the crew generally, was proper, commendable and honorable.
A true copy, E. W. TAZEWELL, Judge Advocate.
FOREIGN NEWS.
BOSTON, November 15.
FROM RUSSIA.
Capt. Cleveland who arrived yesterday, sailed from Cronstadt, on the 15th of Sept. There had been a complete change of Ministry, the former Ministers, and many subordinate officers had resigned, in disgust, in consequence of the conclusion of the treaty with France,
which was unpopular. The new administration, are of course rather in favour of France. Apprehensions were entertained of a hostile visit from the British, and defensive preparations were making.
FROM FRANCE.
We have been favoured with papers to the 5th of October, and have made a few translations from them. New measures are adopted for the purpose of restricting British Commerce, which will seriously affect the United States, the only neutral nation. The war is to continue between Denmark and Great Britain—and the former, it appears, are to receive French aid as soon as it can operate.
HAMBURG, Sept. 24.
It is confirmed, that the king of Sweden speaks in strong terms against the English expedition: and is very much affected by the reduction of Copenhagen.
AUGSBURG, Sept. 15.
An embargo has been laid at Leghorn, in order that all English property there may be seized. Similar measures of seizure are to be pursued in all other parts of the independent kingdom of Etruria.
PARIS, Sept. 19.
The French have been put in possession of the Seven Isles by the Russians.
The Crown Prince has refused to ratify the capitulation concluded with the English by the military commander at Copenhagen, and declares that Denmark shall continue at war with England. It is presumed the king will agree with the prince. Consultations have been held with the French general commanding at Hamburg, (Bernadotte) and a Danish agent has been sent to Paris.
LONDON, Sept. 21.
"Mr. Munroe, the American Ambassador, does not at present leave England. He was to have taken his departure from Liverpool, to which place part of his baggage had been forwarded. Since then it has been determined that Mr. Munroe is to continue in this country, to afford his assistance to Mr. Pinkney in the arrangement of the existing differences between the two countries. A note was presented to Mr. Canning, by the American Ambassador, on or about the 7th, to which no answer has yet been given. The delay occasions much speculation. It seems, however, to be the prevailing idea, that a war cannot be averted for many months—yet assurances are effected on American ships at four guineas per cent."
ARTICLES OF CAPITULATION
For the town and citadel of Copenhagen agreed upon between admiral Gambier commander in chief of his Britannic majesty's ships and vessels in the Baltic sea, and lieut. gen. the right hon. lord Cathcart K. T. commander in chief of his Britannic majesty's forces in Zealand, on the one part, and his excellency major general Poiman, knight of the order of Dannebrog, and commander in chief of his Danish majesty's forces in the island of Zealand, on the other part.
Art. 1. When the capitulation shall have been signed and ratified, the troops of his Britannic majesty are to be put in possession of the citadel.
2. A guard of his Britannic majesty's troops shall likewise be placed in the dock yards.
3. The ships and vessels of every description, with all the naval stores belonging to his Danish majesty, shall be delivered into the charge of such persons as shall be appointed by the commanders in chief of his Britannic majesty's forces; and they are to be put in immediate possession of the dock yards, and all the buildings and store houses belonging thereto.
4. The store ships and transports in the service of his Britannic majesty are to be allowed to come into the harbor for the purpose of embarking such stores and troops as they have brought into this island.
5. As soon as the ships shall have been removed from the dock yards, or within 6 weeks from the date of this capitulation or sooner if possible, the troops of his Britannic majesty shall deliver up the citadel to the troops of his Danish majesty, in the state in which it shall be found when they occupy it. His B. M. troops shall likewise, within the before mentioned time, or sooner if possible, be embarked from the island of Zealand.
6. From the date of this capitulation, hostilities shall cease throughout the island of Zealand.
7. No persons whatsoever shall be molested, and all property, public or private, with the exception of the ships and vessels of war and the naval stores before mentioned, belonging to his Danish majesty, shall continue in the full exercise of their authority throughout the island of Zealand; and every thing which shall be done which can tend to produce union and harmony between the two nations.
8. All prisoners taken on both sides shall be unconditionally restored, and those officers who are prisoners on parole shall be released from their effect.
9. Any English property, that may have been sequestered in consequence of the existing hostilities shall be restored to the owners.
The capitulation shall be ratified by the respective commanders in chief, and the ratifications shall be exchanged before 12 o'clock at noon this day.
Done at Copenhagen this 7th day of September, 1807.
ARTHUR WELLESLLEY. HOME POPEHAM. GEORGE MURRAY.
Ratifié par moi, (Signed)
POIMAN.
Latest from FRANCE.
Accounts had been received at Bordeaux, from Mr. Armstrong, at Paris, stating, that a number of American seamen, taken on board of English vessels, during the war had been liberated.
A letter had been received at Bordeaux, from a very respectable source in London, dated Sept. 20, stating, "that nothing definitive had taken place between the American and English governments."
An article under Genoa head of Sept. 15, states, "That the American consul has been arrested, and seals put upon his papers." No reasons were assigned for the arrest; nor is it probable any will be given. Neither by compulsion—or voluntary consent, are the French disposed to give reasons for their conduct at any time.
The Swedish Island of Rugen has been surrendered to the French.
Letters from Paris state, that the boundaries of Louisiana have been settled by the French emperor to the satisfaction of our Minister at Paris.
NORFOLK, November 20.
Yesterday Capt. Tomkins, of the fast sailing ship Pocahontas, of this port, came up to town, having left his ship in the bay bound up to Baltimore, from Liverpool. Capt. T. left Liverpool on the 4th of October, brought London papers to the 1st of that month, and has favored us with a complete file from the 10th September upwards. We have endeavoured to present as much of the contents of these papers, as time and our limits would permit.
With respect to American affairs, we regret to say, that they are by no means in that state for immediate adjustment, that accounts by way of Boston have induced us to imagine. We have given in one view all the more prominent articles upon American affairs, which appeared in the London papers from the 19th to the 29th of September. They are contradictory and of course very unsatisfactory. The false rumour of Mr. Monroe's departure excited much speculation with some agitation. Upon comparing the papers with letters by this ship, and with private information, we think there is no reason to apprehend an unfavourable issue to the negotiation; of which the detention of the Revenge, and Mr. Monroe's stay, are evidences; because if a negotiation was not depending, and which did not promise a favourable result, our ministers would have desisted from all further attempt. Mr. Monroe at one time fully expected to return in the Pocahontas, but was delayed on public affairs. We have the most satisfactory information, that nothing is less desirable in England than a war with the United States.
We understand from good authority, that on the 14th of September, Mr. Monroe delivered a memorial to the British government, demanding a final answer previous to his departure for the United States, for which he was already prepared, and did expect to depart immediately.
At this juncture the intelligence of the surrender of Copenhagen, the disasters in South America, and the measures of France against Portugal, with other important affairs on the continent of Europe, particularly with Russia, so pressed upon the British ministers, as to induce them to solicit Mr. Monroe's in-
dulgence. Mr. Monroe accordingly agreed to remain, and we have good reason to believe that the ultimatum of the British government was delivered on the 5th of October, and moreover we understand, "That no act of hostility will be committed by Great Britain, until this ultimatum has been submitted to, and acted upon by this government."—Of the contents of this ultimatum it would be ridiculous in us to attempt a conjecture, but it is easy to infer that all the demands of our government have not been acceded to, but we venture to assert that the British government have not unequivocally denied any pretensions on its part to search a national ship of the United States.
The disastrous result in South America, has produced much discontent and great loss. Nothing, it appears, could have been less expected.
Accounts to the 15th September had been received from Lisbon, the demands by Buonaparte for money were so great as to determine, it is said, a refusal, and it is added that the court, and many of the principal persons in that country, were preparing to embark for the Brazils.
Apprehensions of a rupture between Britain and Russia, were not so strong as they had been. Dispatches, it is said, of an important nature had just been received which indicated a more pacific disposition, and which the English prints ascribe to the decisive attack on Copenhagen.
ALEXANDRIA, Nov. 23.
A letter from Halifax contains the following postscript—"You will excuse my brevity, when you learn that I am twice a week on duty as a militia man, and that, the past week, I have besides been one day at work on the fortifications."
Another letter from Halifax observes, "Whatever may be the event of the present misunderstanding between England and America, it appears very plain that preparations are making by the British in every quarter for the worst. The organizing of the militia in these provinces, repairing the fortifications, &c. are all in consequence of express orders from Great Britain; and large reinforcements of troops and shipping are expected hither."
Extract of a letter from a respectable house in England, to a gentleman in Baltimore, dated
LIVERPOOL, Sept. 28.
"Notwithstanding the various alarming rumours respecting the result of our unfortunate disagreement with America, some of which, no doubt, are transmitted by letters to you, I cannot from my own judgment, nor from that of those who ought to be well informed on the subject, draw any conclusion less favourable to an amicable adjustment than heretofore; on the contrary, if we consider the general sense of the country, the particular disposition of the present ministers, or, as far as it is known, the temper and progress of the discussions in London, I certainly should risk an opinion that at the present period a war ought to be less apprehended than at any time since the unfortunate affair of the Chesapeake. This opinion I believe is not in unison with that generally sent out to America, and in giving it, I take it for granted that both countries are alike amicably disposed."
CONGRESS.
HOUSE OF REPRESENTATIVES.
November 12.
Mr. Cook said, that some late occurrences had determined the nation to oppose resistance against a proud, haughty, and piratical nation. To do this, various means were necessary; what more so than soldiers. As the former services of many were still unpaid, they would find difficulty in procuring them now. The family of the war-worn soldier was suffering for want, while other people were enjoying the recompence so justly due to his toils. In a public capacity, they should act as in a private, by paying all just and honourable debts. To bring this principle into practice, he moved the following resolution, which was adopted, 94 members rising in favour of it, and a committee of seventeen appointed accordingly.
Resolved, that a committee be appointed to enquire if any, and what description of claims against the United States, are barred by the statute of limitations, which in reason and

justice ought to be provided for by law, and that they report by bill or otherwise.
Mr. G. W. Campbell presented the memorial of a number of persons residing in the states of Tennessee and Georgia, praying that they may be incorporated for the purpose of opening and rendering navigable that part of the river Tennessee, in the Mississippi Territory, known by the name of the Muscle Shoals; and also for the purpose of making certain commercial establishments on the head waters of Tombigby river, adjacent to the Muscle Shoals, and also praying to have the use of a road or roads through the Indian territory, with the assent of the Indian tribes claiming the same.—Referred to a select committee of seven.
Mr. Dana said he had a resolution prepared for the purpose of calling the attention of a committee of this House to a subject materially interesting to the sovereignty of the nation; the committee he wished to instruct was that on aggressions committed in our waters, &c. but as he did not see the chairman of that committee in the House, he should lay it on the table and call it up when the gentleman was present.
The resolution laid on the table was as follows:
Resolved , That the committee, to whom was referred so much of the President's message as relates to aggressions within our ports and waters, to violations of our jurisdiction, and to measures necessary for the protection of our ports and harbours, be instructed to enquire into the expediency of providing for the employment of adequate force to compel the immediate departure of such foreign armed vessels as may be found remaining within the waters of the United States in defiance of any interditory proclamation duly issued by the President of the United States; and that the committee have leave to report by bill or otherwise.
TUESDAY, NOVEMBER 17.
Mr. Blount from the committee to whom was referred so much of the message of the President as relates to aggressions &c. made a report.
The report commences with an expression of sensibility at the outrage committed on the Chesapeake, States the receipt of information relative thereto from the state and navy departments, presents a general view of the circumstances, observes that it might be said to have been incontestibly proved that Wm. Ware, John Strachan, and Daniel Martin are citizens of the United States; but the committee add that they conceive it unnecessary for them or the House, to go into any enquiry on that part of the subject, as in their opinion whether the men taken from the Chesapeake were or were not citizens of the United States, and whether the Chesapeake was or was not within the acknowledged limits of the United States at the time they were taken the character of the act of taking them remains the same.
From the foregoing facts it appears to your committee that the outrage committed on the frigate Chesapeake has been stamped with circumstances of indignity and insult of which there is scarcely to be found a parallel in the history of civilized nations, and requires only the sanction of the government under color of whose authority it was perpetrated to make it just cause of, if not an irresistible call for, instant and severe retaliation. Whether it will receive that sanction or be disavowed and declared an unauthorised act of a subordinate officer remains to be determined by the answer which shall be given to the demand of explanation, that answer, now daily expected, will either sink the detestable act into piracy, or expand it to the magnitude of premeditated hostility against the sovereignty and independence of this nation, and until its true character shall be fixed and known, your committee deem it expedient to decline expressing any opinion as to the measures proper to be adopted in relation to it. But as other acts of aggression have been committed within our ports and waters by British ships of war as well anterior as posterior to this, some of them manifesting the same disregard of our national rights, and seeming to flow from the same contempt for the authority of our laws, and especially as the British squadron, of which the Leopard was one, after being notified of the President's proclamation ordering them to depart from the waters of the U. S. which they knew had been published in conformity to an act of Congress, anchored within the Capes of Chesapeake Bay, and in that situation remained capturing American vessels even within our acknowledged territorial limits, and sending them to
Halifax for adjudication—impressing seamen on board American vessels, firing on vessels and boats of all descriptions having occasion to pass near them in pursuit of their lawful trade, and occasionally denouncing threats, calculated to alarm and irritate the good people of the U. S. particularly the inhabitants of Norfolk and Hampton, all which facts are substantiated by the accompanying documents No. 1 to 6, the committee are of opinion that it is expedient to provide more effectually for the protection of our ports and harbours, but not being prepared to report specifically on that subject, they ask further indulgence of the House, and beg leave to submit for their consideration the following resolution:
Resolved , That the attack of the British ship of war Leopard, on the United States frigate Chesapeake, was a flagrant violation of the jurisdiction of the United States, and that the continuance of the British squadron (of which the Leopard was one) in their waters, after being notified of the proclamation of the President of the United States, ordering them then to depart the same, was a farther violation thereof.
The report was referred to a committee of the whole on Monday.
SENATE.
On Monday the motion, made on the 28th of October, to refer that part of the message of the President which relates to our seaport towns and harbours, &c. was agreed to, and a committee appointed consisting of Messrs. Mitchell, Adams, Sumpter, Milledge and Robinson.
On Tuesday the bill making further appropriations for the support of the navy, &c. was ordered to a third reading without a division.
MARTINSBURG, November 27.
MARRIED —On Tuesday the 17th inst. near Creager's-town, by the Rev. Mr. Dubois, Mr. J. Minghany, of Berkeley County, to Miss Mary Head; and Mr. James Clark, of Jefferson, to Miss Elizabeth Head, both daughters of Mr. William Head, of Frederick County, Maryland.
From the National Intelligencer.
Tuesday on the opening of the house of representatives, Mr. Lyon said some proceedings had come to his knowledge which he wished to expose, which he tho't should be done with closed doors: on which the galleries were immediately cleared conformable to a standing rule of the house.
Mr. Lyon then submitted the following resolution:
Resolved , That provision ought to be made by law, forbidding all transfers of rights of action, and of all monies and other property either real or personal to or by any subject of the crown of Great-Britain, and also forbidding any citizen or resident in the U. S. paying any debt or demand to any such subject.
Mr. Lyon, on offering this resolution, observed that he had understood that Mr. Erskine, the British minister had recently transferred stock possessed by his father to a large amount in the American funds. He said he considered this as a strong indication of hostility on the part of England towards this country. He expressed the opinion that Britain had in numerous instances so infringed the treaty between the two countries that it could no longer be considered as obligatory on the U. S. who consequently possessed the moral right of declining, on her part, to respect those stipulations, whose observance might be injurious to her. He said that he thought it became the U. S. in the present state of affairs, to hold such pledges as she possessed against the acts of injustice which might be committed by Britain, and that by adopting this resolution, she would retain in her hands the means of indemnity, in case such acts should be committed; and if they should not, no injury could ensue from its adoption.
A universal sentiment was unreservedly expressed that such a step at this time was improper. Not a single member supported the resolution; but all censured its imprudence. The general opinion was that if persisted in by the mover, the doors should be instantly opened, and the resolution rejected in public. Mr. Lyon then withdrew the resolution, and the galleries were opened under the understanding that all secrecy was at an end.
The foregoing contains, we believe, a faithful statement of the substance of the discussion; if such indeed it can be called. More cannot be expected.
THE STAR a London paper.
It may not be amiss to observe, that this paper has been uniformly opposed to America; and ever since the affair of the Chesapeake, has breathed hostility on all our demands for satisfaction: while other English prints have advocated the cause of the American government.
It was from the STAR we copied the late alarming news relative to the prospect of a failure of our negotiations with that country—and it is from this paper of the 28th of September, we copy the following remarks on the late interditory of the Dutch government.
[N. Y. Gaz.]
"Bonaparte's system, for some time, has been to employ every means in his power to exclude us entirely from the continent of Europe, and he has now got all the different States so completely under his control that no choice seems to be left this country but to fight him with his own weapons, and destroy at once every vestige or system of neutrality."
"Such we understand to be the determination, for some time past the protection afforded to neutral flags has been of service only to France—in point of fact no neutrality has been permitted by her, but what was for her own benefit—any, so inveterate has been the spirit with which Napoleon's decree of blockade has been enforced, that even neutral vessels which have been captured and brought into British ports, and afterwards released and permitted to prosecute their voyages, have been seized and condemned on entering a French port—for having been in an English harbor on their voyage."
"On this point we have a fact to state which will strike many of our readers with surprise. Several American vessels (some of which we could name were it necessary) have been seized in French ports under the above mentioned circumstances; but the American government have employed no bullying—no threats—nor any intemperate language similar to that with which their journals have been filled against this country. This conduct requires no comment on our part—it requires action, vigour and inflexible adherence to the spirit of those maritime laws by which the commerce of nations used to be governed in times of war—but extended in its principles to meet and counteract the machinations of an enemy, whose conduct is not circumscribed by any of those principles which were formerly allowed to operate for the diminution of the mass of evils which are inseparable from times of hostility."
Extract of a letter dated Philadelphia, November 12th, 1807.
"Col. Burr, Blannerhasset, Bollman, Swartwout, Ogden, and others of the party have been convened in this city for some time. They were in frequent consultation; and occasionally in some bustle."
"Bollman has applied for a passage in a vessel to New-Orleans. There is a rumor of a renovated enterprize under the auspices of a foreign government."
A letter received from captain Felt of Salem, dated at Palermo, mentions the massacre of 15,000 Christians at Constantinople by the Turks.
MORE UNWELCOME NEWS!
Received by the Sally-Barker-Windsor, arrived at Boston from Bordeaux, and bringing French papers to the 5th of October.
Extract of a letter from a house of the first respectability in Antwerp, to another in Bordeaux, dated Sept. 28, and received at Bordeaux, by express, just before the Sally-Barker Windsor, left the latter place.
"We understand an order has been given out by the emperor, to capture every vessel bound to, or from England, and if with cargoes to be considered as good prize. This is a mortal blow to the American commerce; and we fear will lead to a rupture between America and France."
The above letter was corroborated at Bordeaux, by letters direct from Paris of a late date.
A gentleman who came passenger in the Sally-Barker Windsor, informs us, "That two cases of capture, [American] made since, and under the decree of the 21st November, 1806, were brought before the prize court at Bordeaux, a short time before he left the city; but the court had refused to give an opinion, until fresh instructions should be received from the emperor. These instructions were called for by the court, and a question demanded—Whether this decree was to be put in full force against the Americans? His answer was, that
as the Decree contained no exceptions, there should not be any made in its application."
Capt. Gardner, of the Western Trader, arrived at Philadelphia, says he was boarded on the 10th ult. by the British frigate Amethyst, 6 days from Plymouth—The boarding officer informed capt. G. that the Revenge cutter had sailed for the U. S. and that on the day preceding they had spoken a cutter 3 days out, who informed that an embargo had been laid on all American vessels in Plymouth.
In the present Congress, now convened at Washington, one member is White
 Another Green  A third Brown  And one Gray  There is also a Pope  Clark  Knights  Barb  And one Love  Likewise a Taylor  Baker  Butler  Cook  Törner  Chandler  Two Gardiners  A Sawyer  Six Smiths  And a Lion from 
the woods of Kentucky.
[American Citizen.]
FOR SALE, A VALUABLE
Negro Woman,
about 28 years of age, that is well acquainted with every kind of house work.
WILLIAM BENTLEY.
Berkeley county, Nov. 27, 1807.
THE subscriber as Guardian of Magnus Muse, wishes to lease to a good tenant for a term of 5 or 6 years, a valuable FARM in the county of Jefferson, on which is a good log dwelling house, kitchen and about 350 acres of cleared land, 25 or 30 acres of which is in meadow, a fine spring and stream of water running through said farm—The greater proportion of the cleared land is fresh, being but recently cleared—If it would be an accommodation to persons wishing to lease said farm, they can be furnished with slaves on hire to work the same.
The subscriber wishes also to make sale of sixty or seventy acres of small grain, growing on said farm. Apply in Charles-Town, Jefferson county.
WILLIAM TATE.
November 27, 1807.
COMMITTED to the jail of Jefferson county on Friday the 30th inst. a Negro Man who calls himself BILL, about 35 years of age, five feet six or seven inches high, has his right foot froze off from the instep, had on a pair of white homemade trowsers, no shirt, and his other clothing extremely ragged, and indistinguishable.
WILLIAM MALIN, jailor.
Nov. 27, 1807.
NEARLY two years have elapsed since the dissolution of the partnership of Morrow & Brown, during which time I have anxiously been waiting for those persons indebted to said concern to come forward and discharge their respective accounts, in which I have been disappointed—I now request all those indebted to said concern, or to myself in any manner whatever, to make immediate payment to Mr. Robert Worthington, whom I have authorised to receive the same—Those who neglect attending to this notice, within a short time, must calculate upon suits being commenced, as it is impossible to give any longer indulgence.
JOHN MORROW.
Shepherd's-Town, Nov. 27, 1807.
COMMITTED to the jail of Berkeley county, the 4th September last, a mulatto man, who says his name is Peter Waldon, and that he is the property of John Tays, of Kennawa, near Elk town; he is about 37 years of age, about 6 feet high, rather slender made, has large whiskers, and is very talkative—I have reason to believe that he was lately in the Winchester jail from which he effected his escape.
MOSES COLLINS, jailor.
November 27, 1807.

THE FAMISHED MOTHER.  LOUD, loud, blows the wind on the moor, And chill is my path through the snow; An orphan, unfriended and poor, O'er the face of the wide world I go.  Hush, hush, my sweet babe! for thy cry Is more than my anguish can bear; O God! will thy merciful eye Not look on my frantic despair?  At the door of the rich man I knock'd, For plenty was written thereon; But the rich man my poverty mock'd And tauntingly bid me begone.  The passenger witness'd my grief, And he told me he pitted my sigh; But I spurn'd at his proffer'd relief, For lewd was the glance of his eye.  My steps by a banquet-house pass'd, Where guests enter'd joyous and free; I shrank at the wintry blast; But there was no entrance for me.  Thro' the night, and the storm, and the cold, Must I and my little one roam; But ere many moments are told, Shall we both reach a last quiet home.  Cease, baby, thy screaming so wild— There! creep to this half-frozen breast— And now will the mother and child Lie down on the deep snow to rest.
NOTICE.  A BARGAIN may be had in the purchase of the places where John Files and Basil Cross now reside, containing five hundred acres of good lime stone LAND, binding on Opecon-Creek, distant about five miles from this place and six from Shepherd's Town. The buildings are comfortable, with a mill-seat on Opecon.—The title good, the price low and the payments will be made easy to a punctual man. Those who are inclined to buy, may know the terms on application to John Baker, Esq. at Shepherd's Town.  BENJAMIN ODEN. Martinsburg, Nov. 20, 1807.
SIX CENTS REWARD.  RAN away from the subscriber, an apprentice boy named Thomas Bennett, about twelve years of age; had on when he went away a blue roundabout and trowsers. Whoever takes up said apprentice, shall receive the above reward, but no thanks.  JOHN DAUGHERTY. Shepherd's Town, Nov. 20, 1807.
NOTICE  To all whom it may concern.  WHEREAS Charles M'Kewan lodged with the subscriber, sometime since, for collection, in order to pay some of his debts, a note of James Morrow to the said Charles for £20, due the first of October last, which note was lost or mislaid. This is therefore to inform all persons from collecting or taking up assignment of the said note, and the said Morrow from paying all, or any part of said note, as he will be called on for payment of the same.  MICHAEL M'KEWAN. 13th Nov. 1807.
Public Sale.  PURSUANT to the last will and testament of Edward Watkins, deceased, will be sold at public auction, at Colpeper Court-House, on the first day of January next, about forty five choice healthy Virginia born slaves, Men and Women, Boys and Girls, mostly young and very likely; sundry articles of household furniture, twelve months credit will be allowed the purchaser, who must execute bonds with approved security for the purchase money, before any property will be delivered.  WILLIAM PENDLETON, Ex'r Berkeley County, Virginia, July 31, 1807.
The following BLANKS, printed with NEW and ELEGANT TYPE, are always kept for sale at this Office: DEEDS, Common BONDS, CONSTABLE'S BLANKS, Promissory NOTES, &c.
FALL and WINTER GOODS.  THE subscribers inform their friends (customers at a distance) and the public in general, that they are now opening, at their store (by the Market House) in Shepherd's Town, a very extensive and complete assortment of  Fresh Woolen Goods, together with the most elegant assortment of  Nice Fancy Goods, ever opened in this part of the country; all which they will sell very cheap, by wholesale and retail.  JAMES & JOHN LANE.
P. S. They continue to give the highest price in Cash for Hides and Skins—and have prime Soap, Upper and Harness Leather, with nice Calf-Skins and Boot-Legs for sale.  Shepherd's Town, Novr. 13, 1807.
REV. J. J. WILMER, being detained, on account of settlement, will be at hand to wait on the People; and promises advantage, to a few orderly Pupils, who will attend, with dispositions, to receive instruction, through the winter.  Martinsburg, 13th Nov. 1807.
GAVIN & Wm. HAMILTON, TOBACONISTS—Philadelphia.  RETURN their thanks to their friends and former customers in the Country Towns, and inform them they will hereafter decline soliciting their favours personally, or by their agent, and refer them for their future supplies of Snuff, to the wholesale dealers in Baltimore, George Town, Alexandria, Fredericksburg, Richmond, Petersburg, and Norfolk, or to themselves in Philadelphia, at prices considerably reduced from the former.  November 13, 1807.
COMMITTED to the jail of Jefferson County, on the 31st day of October last, a negro man who calls himself JIM, and says he belongs to a gentleman of the name of Smith in the state of Georgia, who had lately been in the state of Maryland purchasing slaves—He appears to be about 22 years old, five feet 9 or 10 inches high, stout made, has long wool, and a small scar over his right eye—His clothes are so old and ragged, it is impossible to describe them—He is a very artful fellow, and it is difficult to get the truth out of him.  WILLIAM MALIN. November 13, 1807.
ONE CENT REWARD.  RAN away from the subscriber an apprentice boy named Jacob Davis; he is about twelve years old, rather slender in his person, and stutters considerably. He took with him some clothing not particularly recollected. I will give the above reward, but no thanks, for returning him.  WILLIAM GREGORY. Martinsburg, November 13, 1807.
Notice is hereby given  To all persons in Berkeley County, Virginia, that are or were indebted to me, which I have assigned to Walter Turner, not to pay him or his agents, any money as aforesaid, that they have not paid; for they in justice are not his property, as I have lately found a discharge from him and his wife for the consideration for which the bonds were assigned on Maj. John Robinson and Mr. Robert Christy, and the other assignments were made for him to collect the money for me; I had lost the receipts as aforesaid, and was not able to prove the contents, and he came from Chincoteague and tormented me when I was in confusion, so that I consented to assign them to him; but since I have found it I have applied to him to release the claim and to amend our accounts before the trial of the suit in Berkeley, in which said debts are contested, but he still refuses.  ROBERT WILCOX. November 13, 1807.
L. Price  Has just finished opening a large supply of  New Goods, which were purchased principally for Cash, and will be sold unusually low. His late purchases comprise the following articles: Upwards of 30 pieces Flannels, assorted, and lower than they have ever been sold in this place before. Brown Molekin Coating, for Ladies' Coats, Silk Gloves, assorted, Cambric Dimities, assorted, Elegant Tabby Velvets and Trafalgar Vest-Shapes, Cotton Laces, assorted, Soap and Upper Leather, &c. &c.  His assortment is now very complete. Martinsburg, October 16, 1807.
Public Sale.  BY virtue of a deed of trust executed by Ephraim Lowman to Philip P. Wilson, Esq. and the subscriber, for the purpose of securing and indemnifying John Robinson, one of the deputy sheriffs of Berkeley County, who became liable to pay a considerable sum of money for said Lowman, in consequence of indulgencies extended by said Robinson to said Lowman, and for the purpose of raising the amount which said Robinson is liable to pay for said Lowman, as expressed in said deed, and the cost and charges of carrying said trust into effect, will be exposed to public sale, for ready money, on the 2d of December next, at twelve o'clock, on the premises, several Tracts of LAND lying and being in the County of Berkeley, on the waters of Sleepy Creek, about eight miles from Bath, and two miles from the river Potomack; on one of said Tracts of Land, I am informed, there is an excellent Saw Mill, a Grist and Merchant Mill, three Dwelling Houses and other convenient buildings. The several Tracts I am informed are adjoining each other, and contain in the whole upwards of six hundred acres, more than one half thereof is well timbered, and convenient to the Saw Mill; about eighty acres of the Land is cleared; there are several good springs on said Land. The situation of the Saw Mill is supposed to be equal to any in this country; all plank, &c. sawed at the Mill, can be taken from thence to the City of Washington, &c. by water. Mr. Lowman, who lives on the premises, will shew the same to any person or persons wishing to purchase, who may call on him before the day of sale.  ELISHA BOYD, Surviving Trustee. November 8, 1807.
For Sale,  A pair of large, handsome and well broke  OXEN, JOHN B. CRAGHILL. Oct. 23, 1807.
WILL be sold on the 7th day of December next, at the house of the subscriber, one waggon, four horses and gears, by virtue of a deed of trust, executed by Jacob Lanceskus to the subscriber, to secure the sum of seven hundred and fifty dollars, to a certain Samuel Harris, or so much thereof as may be necessary to raise the sum of seven hundred and fifty dollars. Terms of sale to be cash, where a good and sufficient conveyance will be given, by  JACOB ALLSTAT, Trustee. Nov. 6, 1807.
Public Sale.  WILL be sold at public auction, on the 1st day of December next, if fair, if not, the next fair day, at the late dwelling house of Absolem Miller, deceased, in Berkeley County, a large stock of Horses, Cattle, Hogs and Sheep, with a large variety of Household and Kitchen Furniture, a quantity of Wheat, Rye and Corn, a great variety of Farming Utensils, a number of Books, &c. Nine months credit will be given, on bond with approved security. Due attendance will be given by  WILLIAM B. KING, Adm. November 5, 1807.
Fresh Fall Goods.  THE subscriber has now open and ready for sale, in addition to those recently received,  A large and general assortment of  Fall and Winter Goods, Liquors and Groceries, of the first quality,  all of which will be sold uncommonly low, for Cash or Country Produce, or on a short credit to punctual customers.  JAMES FAULKNER. Martinsburg, November 6, 1807.
New Goods.  THE subscriber has just finished opening a large supply of  Winter Goods, which, added to his former stock, makes his assortment very complete, all which he will sell very Cheap.  WILLIAM B. KING.  N. B. I wish to sell all my stock of GOODS now on hand; any person wishing to purchase, will find it their interest to call, as I will sell on good terms.  Wm. B. KING. Mill Creek, November 6, 1807.
TANNING.  THE subscriber respectfully informs his friends, and the public generally, that he still continues the TANNING business on the property formerly occupied by John O'Ferrall, at which place he keeps a supply of good LEATHER of every kind.—He will pay the highest price in Cash for Hides, Skins and Bark.—He hopes to give satisfaction to every person who may please to favour him with their custom.  GEORGE HAM. Martinsburg, November 6, 1807.
SIX DOLLARS REWARD.  STRAYED or stolen from the subscriber's place, in Alleghany County, Maryland, near Bealinger's old mill, a BLACK MARE, with a star in her forehead, and her right hind foot white, the same foot something thicker than the other, is six years old and about fourteen hands high, is a natural trotter, has been constantly used to the saddle and rides remarkably well.—She was raised by John Bell near Smithfield, and lately belonged to George Little of Martinsburg, and she is supposed to be somewhere in Berkeley County. I will give the above reward to any person who will take up said mare, and give me information thereof, so that I get her again. If stolen, I will give twenty dollars reward, in case the mare is restored and the thief convicted.  JOHN FINCKBONE. November 6, 1807.
WEAVING  Done and executed, by G. W. Bond, at John Bond's residence, in Martinsburg, November 6, 1807.
MARTINSBURG, Berkeley County, Virginia; Printed and published by JOHN ALBURTIS.
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