Norfolk gazette and publick ledger (Norfolk [Va.]), 1808-12-16 00:00:00

NORFOLK GAZETTE AND PUBLIC LEDGER. SINT HIC ETIAM SUA PRÆMIA LAUD.
[VOL. V.
FRIDAY EVENING, DECEMBER 16, 1808.
NO. 66]
MR. GILES'S SPEECH, Delivered in Senate of the United States, on Thursday, 24th November, 1808, on the Resolution of Mr. Hillhouse, to repeal the Embargo Laws.
[Continued from our last.] It is asked, sir, how do the embargo laws operate on France? It is readily admitted, that the commercial connexion between the United States and France, is not of such a nature as to make a suspension of it to operate as injuriously to France, herself, particularly in the interior, as on Great Britain. But our commerce cannot be deemed unimportant to France in the feeble state of her navy.
The French West India islands too, have felt the pressure with great severity. They are at this moment in a state of blockade. There are probably two objects in this blockade—the one to reduce the French islands for want of provisions—the other to seize upon our merchant ships, which it was presumed would hasten thither upon raising the embargo.
But, sir, gentlemen are very much alarmed at an expression in a late French expose—they have made some general allusions to it, but in so vague a manner, as not to be understood with precision. As I am always fond of a correct statement of facts, I will read the expression probably alluded to. "The Americans, a people who involve their fortunes, their prosperity and almost their existence in commerce, have given an example of a great and courageous sacrifice. They have suspended by a general embargo, all commerce and all navigation, rather than shamefully to submit to that tribute, which the English impose on the navigation of all nations."
It is only on this side the Atlantick, that we hear it described as a weak or a wicked measure. But what of all this sir. Will this French expression change the real character of the measure? shall we change our own opinions of the true character of the measure because the French government has thought proper to pronounce an opinion upon it? Are we to abandon our own right of judging of our own measures, because the French government officiously undertakes to judge for us? Sir, to me it is perfectly indifferent, what the French government thinks upon the subject; I shall take the liberty of exercising my own judgment upon it, perfectly exempt from any extraneous influence whatever.
Mr. Canning, sir, has also undertaken to say something respecting the character of the embargo laws. Let us hear what he says upon the subject. "If considered as a measure of impartial hostility against both belligerents, the embargo appears to his majesty to have been manifestly unjust as according to every principle of justice that redress ought to have been first sought from the party originating the wrong. And his majesty cannot consent to buy off that hostility, which America ought not to have extended to him, at the expense of a concession made, not to America, but to France."
If, as it has more generally been represented by the government of the United States, the embargo is only to be considered as an innocent, municipal regulation, which affects none but the United States themselves, and with which no foreign state has any concern; viewed in this light, his majesty does not conceive that he has the right or the pretension to make any complaint of it; and he has made none."
His majesty would not hesitate to contribute, in any manner in his power to restore to the commerce of the United States its wonted activity; and if it were possible to make any sacrifice for the repeal of the embargo, without appearing to deprecate it as a measure of hostility, he would gladly have facilitated its removal as a measure of inconvenient restriction upon the American people."
Let me now ask you, Mr. President what feelings must rush themselves into your bosom upon hearing this last, this arrogant insinuation? what be the feelings of every war-worn veteran, who has so long enjoyed the pleasing consciousness of having been instrumental in achieving his country's independence, who must be the stalking horse of every young American who has not yet degenerated from his father's virtues? Do you not see, sir, in this sentence almost a direct overture of the interference of his most gracious majesty in our political concerns? Do you not see the vain and idle effort to encourage discontent by the expression of his majesty's good disposition to interpose his good offices to relieve the American people from the inconvenient restrictions imposed on them by their own government? What indignity, what insult could be greater upon the American people? what could more clearly demonstrate the insinuation, the intoxication of Mr. Canning's mind, produced by the unfortunate flood of misinformation which had poured in upon him?
the American people will repel the overture with indignation, with disdain; and, sir, as a sure and pleasing anticipation of this result, I rejoice to see the indignant sentiment manifested by the gentleman from Delaware (Mr. White.) It was the more honourable to him, sir, because it was the triumph of his American feelings over a host of prejudices which I fear he is surrounded with. I always knew that gentleman to be a patriot and when it shall become necessary, I expect to see him among the foremost in the ranks of honour, in the defence of his country's rights.
Yes, sir, this insulting overture will doubtless burst the strong prejudices of thousands of other American patriots, who will rally to the standard of their own government, and will teach Mr. Canning, how little he knows the American character, or the American sensibility, when he thus ventures to insult it.
Sir, the sentiments contained in this extraordinary note of Mr. Canning's, are not new to me. I have seen them for some months, in some of the Boston newspapers—it contains nothing more than the ridiculous intimations contained in them, reduced to the form of a diplomatic note, not at all improved, nor defined, nor better calculated to effect their object, by the sarcastic insolence of Mr. Canning.
Upon an impartial review of the whole of this part of the subject, Mr. president, I think I am warranted in the conclusion, that the embargo laws have not been without materially beneficial effect upon both the belligerents—that they have presented strong appeals to the interests of both; but that these appeals have not produced their complete effect; I have no hesitation in saying, sir, that when the proper time shall arrive, if these orders and decrees should unfortunately be persevered in, I shall, for one, be ready to make still stronger appeals to their interests—appeals limited only by the whole force and energy of the nation.
I think also, sir, I am warranted in concluding, that if the embargo laws have failed of complete success, their failure has been owing to extraordinary causes which could neither have been foreseen nor anticipated at the time of the adoption of the measure, and therefore cannot furnish any imputation against its policy or wisdom.
Permit me, now, sir, to make some observations upon the general character of this measure, as well as replies to some of the more general objections brought against it. I have said, sir, that there are no substitutes for the embargo, but war or submission . I will now proceed to prove this position—a repeal of the embargo without a substitute, is submission , if with a substitute, it is war . Gentlemen in the opposition, seem fully sensible of the delicacy and urgency of this part of the question. When pressed for their substitute, they manifest vast reluctance in producing it.
The gentleman from Delaware, indeed told us, that he was not the pioneer of the administration; I never knew he was called upon to act in that character; but I hope he will not voluntarily act as the sapper or the miner of the administration, especially when he must behold the administration assailed by the most powerful belligerents in the world, unfortunately aided I fear, too, sir, by an host of domestic sappers and miners, and under-miners in the bargain. I am sure, sir, the gentleman will not take upon himself such a character. The gentleman, however, did not withhold from us an intimation which could not be mistaken. It was war with France. The question, therefore, as to him is at an end upon this point. War is the substitute.
But the gentleman from Connecticut (Mr. Hillhouse) after protesting against furnishing any substitute, intimates merely that he is in favour of an armed commerce. Why, sir, do gentlemen in the opposition manifest such a reluctance in producing a substitute, if they have it? They seem to be labouring under an impression that this is a mere question, between themselves and the administration; an unimportant question of ins and outs. The question is certainly of a very different description. It is a question between this nation and foreign nations. It is involving our national existence, and independence, and the dearest rights of the people.
Let me tell these gentlemen, sir, that the people have a right to demand a substitute from them, if they had one; not merely a vague insinuation to fill up a chasm in a defective argument, but a written proposition, reduced to form, presented for serious consideration; that every word may be strictly examined, and all its bearings seen; then, sir, we should be in a state of preparation to make a choice between such a substitute and the measures of the administration.
Besides, sir, if this obligation were disregarded, every rule of civility, every principle of common sense, would require a substitute. If you criticise upon a sentence in writing, the criticism is incomplete until you show a better. In law pleadings, if you object to a plea, as defective, you are bound to show a better. And certainly, sir, the magnitude of the question, does not lessen the obligation imposed by the ordinary rules of common sense. Again, sir, I hardly could have supposed, that gentlemen of such lofty pretensions to wisdom and talents, would have contented themselves with finding fault, without furnishing the proper correction. This inactive conduct, this doing nothing for the people, in these dangerous and critical times, can furnish but a poor claim to the people's gratitude and applause.
But, sir, I will consider the gentleman's substitute, even with the glimmering views of it, which he has presented. His substitute is an armed commerce. Would he extend to acts of reprisal? If so, it is immediate war. Would he stop short of that? It would still be war, but of a more inefficient kind. If our vessels are to arm, I presume their arms are
to be used in self defence; they would be used against both the belligerents. In the present temper of Great Britain, the first gun fired in a spirit of hostility, even with a blank cartridge, or if it were a pop gun, would be instant war. It would be the signal to her navy to seize upon the whole of our commerce, which would be spread upon the ocean, the moment of raising the embargo. The gentleman's substitute, I, therefore, believe to be war, and war of the most inefficient kind. A repeal of the embargo, without a substitute, is submission. Submission to what! to colonization, to taxation, to tribute!
That this is the true character of the British orders and acts of parliament, we not only know from the measures themselves, but we know it was so understood in the British parliament, at the time of their adoption. As an evidence of this fact, let me call your most serious attention, sir, to some of the observations made in the parliament, at the time of their adoption, particularly the observations of lord Grenville in the house of lords.
His lordship said, "as to the duties proposed to be levied under these orders of council, he should only say, that when the peace of 1782 took place, he never thought he should have lived, or that the British parliament should have lived to see the day when a proposition should be made to tax America!" And when a similar suggestion was made in the house of commons, what was Mr. Canning's reply? Did he deny the object? No, sir; but begged the gentlemen in the opposition not to tell the secret to the Americans! Hush, gentlemen, was in substance his reply. Thus adding indignity and insult to the arrogant pretension. Upon this part of the subject, I shall make no comment. It is impossible to improve the eloquence of this parliamentary language! It must strike deep into the heart of every true American!
The gentleman from Connecticut (Mr. Hillhouse) says, no tribute will be paid, because there will be no inducement to pay it. France will not receive vessels into her ports. It is admitted that the tribute is imposed; and to avoid the payment of it we are to look to France: to give up our national character, and our national honour to the safe keeping of the French emperor. [The gentleman rose to explain. He protested against making any such inference.] This was admitted. He only stated the facts, and I supplied the inference. The inference from the facts I deem irresistible. I despise, sir, this miserable subterfuge. Let us act like a nation of freemen. We should be gainers by it upon the most economical calculation in pounds, shillings and pence. Our national character is now worth more than the delusive gains held out by this miserable commerce; and would sell for more in every market; submit to this disgraceful tribute, it would not be worth a cent, and would not sell for it in any market.
The gentleman from Connecticut (Mr. Hillhouse) says, that the embargo is submission to the mandates of both France and Great Britain, and therefore dishonourable. He makes this statement, France says, you shall not trade with Great Britain—Great Britain says, you shall not trade with France—and we say, we will not trade with either, and therefore gratify both. The fallacy of this argument consists in the mis-statement. France says you may trade with me, and I am anxious you should do so, but you shall not trade with Great Britain; we say, we will not trade with you, nor with Great Britain. Now, sir, is this yielding to the mandate, or gratifying the wish of France? Certainly not. Great Britain uses the same language, and meets with the same reply. Now I contend that we have neither yielded submission, nor gratified the wish of either; but have resisted the wishes and mandate of both; and I have no doubt that both are astonished at the honourable and dignified attitude we have assumed and hitherto persisted in.
But, sir, the gentleman intimates, that the government of the United States, has suspended a rod over the head of Great Britain, and asks, whether any American would negotiate with a rod suspended over his head? Let me ask in turn, sir, if the gentleman's proposition is not submission; not indeed, while the rod is suspended over our heads; but whilst it is applied with the most unrelenting severity to our backs? I was really hurt, sir, to see that any gentleman could make an observation which would bear the most distant tint of an apology for Great Britain; and I cannot conceive how any gentleman can reconcile it to himself, when he reflects upon the many outrages committed by Great Britain against the United States, before even any attempt was made to do ourselves justice—and that those outrages were increased, in proportion to our patience under them.
The gentleman from Massachusetts (Mr. Lloyd) expresses his fears of some design for the destruction of commerce. He tells us, our commerce has grown to an enormous size, and warns us that it is not to be trifled with. The gentleman from Connecticut, too, tells us, that the avowed, was not the real objects, of the embargo laws; and that he so prophesied at the time of passing them—that their real object was to encourage manufactures at the expense of commerce. This charge of insincerity is a serious one. It is of a nature to impose a restraint upon the feelings, against making the merited reply. It has excited my surprise, more than anything I ever heard fall from that gentleman; and the only apology I can find for it, is, that he unfortunately prophesied it. It is a painful effort of the mind to admit ourselves false prophets. By this time, it is impossible, but the gentleman must be convinced, that this was a false prophecy. He reminds me of two-tines in Hudibras:
"A man convinc'd against his will, Is of the same opinion still."
The gentleman must be convinced, but retains the same opinion. Sir, whether it be a suspicion, or whatever delusion the gentleman is labouring under, I peremptorily deny the existence of the fact he has insinuated. How has it happened, that the commerce of the United States has become so enormous; but from the fostering and protecting influence of the federal government? What act of hostility against commerce, has ever been shown by the government? I challenge the gentleman to name one, or a single act from the southern members unfavourable to our commercial prosperity. On the other hand, have we not always concurred in the stimuli given to commerce by discriminating duties, both on tonnage and merchandise, by the drawback system? and many other acts not material now to mention. It has been from these causes, added to the enterprise of our people, that commerce has arrived to such a pitch of prosperity. They certainly do not warrant the charge brought against the government.
But what has excited my surprise, more than anything else, respecting this suggestion, is that the delusion upon the gentleman's mind should be so strong as to banish his recollection of the local interests of the different states in the union. He seems to suppose that the southern are manufacturing states—This is not the fact. The fact is, that the commercial are, also the manufacturing states. The southern states are agricultural and commercial, not manufacturing except in the household way; and that is not the species of manufacturing that has excited the gentleman's alarm. The peculiar organization of society in the southern states, will, for a long time, forbid large establishments of domestic manufactures. This is the kind which gives the gentleman much alarm; and, in this kind, the southern states have no local interests whatever. They have, however, an essential interest in commerce, although, generally, the merchants carrying it on, may not reside within them. The agriculturists know, that a prosperous commerce is essential to good prices, and, therefore, they have always contributed to its protection and prosperity. In this state of facts, the gentleman may find a perfect security against his extravagant, and unfounded jealousies. But the gentleman is alarmed, because he has discovered, in the President's replies to sundry addresses from the manufacturers expressions of satisfaction at their prosperity and improvement in the manufacturing system. But the President has no where expressed an intimation, or a wish, that this improvement, or prosperity, should be encouraged and promoted at the expense of commerce. And if he were to indulge so extraordinary an inclination, he could not expect to get a vote south of Potomac, in favour of the system. Suppose the merchants had addressed the president, in the days of their prosperity, would he not have expressed his satisfaction at the circumstance? And would such expression have been just ground, or any ground, of alarm, and jealousy to the manufacturer? Certainly not, sir. Every patriot must rejoice at the prosperity of each, and every class of citizens.
Indeed, sir, did not the gentleman himself, in the course of his observations, with laudable animation, express his high satisfaction at the doings of his own legislature, giving encouragement to colonel Humphries, in his attempts at introducing manufactures into the state of Connecticut? Proceedings highly honourable both to the legislature & colonel Humphries; and which I have also seen with great satisfaction. But, sir, would it be correct to infer from this circumstance, that commerce is to be assailed and prostrated? Such an inference would be as idle and absurd in this case, as it is in relation to the views of the general government. Indeed, sir, I concur perfectly with the gentleman in the opinions he has expressed upon the manufacturing system, in relation to the commercial. I have taken more pains in repelling this extraordinary jealousy or suspicion, in the hope that in correcting the public sentiment, in this respect, it would, at the same time, dissipate a great portion of the objections to the embargo laws, which seem to me at this time, to be imperiously demanded, by the extraordinary crisis of our foreign relations.
I am now approaching a part of this subject, Mr. President, which fills me with regret. I know its delicacy, sir, and deeply regret the necessity which impels the examination of it. It is however rendered indispensable, perhaps, by exterior events; but certainly by observations made in the course of this debate. I allude, sir, to the inexecution of the embargo laws; or, rather, sir, to the suggested incapacity of the government to enforce their observance. The gentleman from Connecticut (Mr. Hillhouse) tells us, directly, that the government has not power to enforce the execution of these laws. The gentleman from Massachusetts (Mr. Lloyd) even points out the mode of resistance. He tells us they may be resisted, first, by town meetings, then by petitions, then by legislative resolutions, and finally, by insurrections and rebellions. [Mr. Lloyd rose to explain. He said, "he did not say that this would be the course of events. He only stated them, abstractly, as probable results from those laws."] The gentleman is correct in his statement. I meant to be understood, as stating his observations in that way. It cannot escape observation, however, Mr. president, that this is the practical process now going on in the state, the gentleman has the honour to represent.
It is submitted to the patriotism and good sense of those gentlemen to determine, whether mentioning these circumstances, even in that way, may not have some tendency to produce effects, which must be so much deprecating by all; and permit me to hope, sir, by none more than by those gentlemen. And whether, sir, they are not calculated to keep up the delusions in foreign nations, which, I be-

lieve in God, to be the principal causes of our embarrassments. These circumstances were the less to be expected from a gentleman who, a few years ago, arrogated to himself the exclusive appellation of lover of order and good government, whilst their political opponents were denounced as anarchists and disorganizers, and not even possessing virtue and honesty enough to be trusted with the public treasury. This, sir, was an imposing appellation; and as long as its sincerity was confided in, it preserved these gentlemen in the dominion of the United States.
It was hardly to have been expected that these gentlemen would now be found the first to sound the alarm in favour of anarchy and confusion; nor was it to have been expected, sir, that the eastern states, which were the first to press the constitution upon us, and which have reaped a golden harvest from its operations, should be the first to wish to absolve themselves from its sacred obligations.
But, Mr. President, I believe this government does possess power sufficient to enforce the embargo laws. The real character of our government seems to be entirely misunderstood by foreigners, and not fully appreciated by some of our own citizens. It has all the strength of execution with the most despotic governments upon earth. It is aided too by the knowledge of every citizen; that when its will is pronounced, it is the fair expression of the will of the majority. The checks of this government, are exclusively upon its deliberations, not upon its powers of execution. So far from it, that the constitution has expressly provided, that the government should possess all means necessary and proper for executing its specified powers. There is no limitation whatever upon the means for executing the general will, when fairly and deliberately pronounced. Nothing could be more absurd, than to suppose, that after so many checks had been imposed upon deliberation in pronouncing the public will, after that will was thus pronounced, that any means whatever for its execution should be withheld.
Again, sir, the fundamental principle of our government is, that the majority shall govern. This principle is known and respected by every citizen, and by none more than the people of Massachusetts. They are taught to respect it from the cradle to the grave. First in their own meetings—then in the legislature—and finally in the general government. They know too well the fatal consequences of resisting it. I have perfect confidence, therefore, in the people of Massachusetts; and, if their electioneering leaders and partisans, should unfortunately stimulate some of them into insurrection, I have no doubt but that the militia of that state, when lawfully called on, will obey the call, and do their duty. Such a movement would share the fate of all similar attempts, which have preceded it; & its only consequence would be, that its authors, as they would be the first to merit the fate, so they would be the first victims of it. But, sir, I have little apprehensions from these threats of insurrection and rebellion, for other reasons.
The peculiar interests of the people of Massachusetts, forbid the attempt. A few leaders may, perhaps, postpone their interests to their love of power. But few, however, could enjoy the power under any new order of things, and the people at large would soon see that their interests were sacrificed to the indulgence of this insatiable ambition of the few.
To be continued.
IMPORTANT.
Committee Chamber, November 14, 1808.
DEAR SIR, I am instructed by the committee appointed to consider the several embargo laws, &c. to request you to lay before them with as little delay as possible, such information as your department affords upon the following questions.
First. What measure would be most effectual in preventing the violations or evasions of the several embargo laws; and enforcing a due observance thereof?
Second. Can any of the inconveniences of the present system be remedied by further modifications; and what modifications would effect that object?
Be pleased, sir, to accept, assurances of any high consideration and regard, (Signed) W. B. GILES.
Hon. Albert Gallatin, Secretary of the Treasury.
Treasury Department, November 24, 1808.
SIR, Indisposition has prevented an earlier answer to yours of the 14th inst.
For better preventing coasting vessels regularly cleared from violating the embargo, two measures appear necessary:—
1st. That the amount of the bonds should be increased.
2dly. That neither captures, distress, or any other accident should be admitted as a plea, or be given in evidence on trial.
By the first regulation the temptation of going to a foreign port, in hopes that the profit on the sale of the cargo will indemnify for the forfeiture of the penalty will be done away. By the second, every expectation of escaping the payment of the penalty under fraudulent pretence will be disappointed; and the power of remitting the penalties in the few cases of unavoidable accident which may occur, will remain as heretofore, and as in other cases with the treasury.
I would also submit the propriety of placing under the control of the president, that power of detention vested in the collectors by the act of the 25th April last. That subject has been a source of complaint and difficulty. It has been the uniform practice from the establishment of the government of the United States to give positive instruction to the collectors respecting the execution of the laws, and which they were bound to obey unless a different construction should be established by a legal decision. This indeed was essentially necessary in order to secure an uniform construction and execution of the laws. But the provision now alluded to makes the detention to rest on the opinion of each collector and this must necessarily produce a great diversity in the manner in which the power should be executed. All has been done that could be done to obviate that evil; and the president being authorized to decide on the detentions when made, the opportunity was taken to inform the collectors of what in his opinion should be a proper cause of detention. This however could be given only as opinion, and operate as a recommendation, and not as an order. Nor does it appear practicable to establish uniformity, and to prevent partiality, and either laxity or too great severity in practice, unless the power of prescribing general rules in that respect, by which the collectors will be bound to abide, be vested in the president.
I am aware that there is another mode of evasion by regular coasting vessels which will not be prevented by either of the preceding provisions. Either whilst in port or on their way down our rivers and bays, coasting vessels may receive articles not entered on their manifest, which may be put on board other vessels lying off the coast for that purpose.
But it is not perceived that any legal provision can prevent that infraction, nor that any other remedy can be found than the vigilance of the officers. Another general regulation will however be suggested, perhaps useful as a permanent measure, but which would at all events, under existing circumstances, give additional security for the observance of the laws and afford some relief to our own seamen: to wit, a prohibition to employ any aliens either as masters or part of the crew of any coasting vessel.
It is still more difficult to guard against violations by vessels departing without clearance in defiance of the laws. The following provisions, on mature consideration, appear the most efficient that can be devised against infractions which is the more necessary to repress, as they may daily be expected to increase, and threaten to prostrate the law and government itself.
1st. To forbid expressly, under pain of forfeiture (the penalty now being only implied) the lading of any vessel without the permission of the collector, and without the bond for a coasting voyage being previously given; authorising the collectors to refuse permission, unless the object be that of a lawful coasting or fishing voyage. The great number of vessels now laden and in a state of readiness to depart, shews the necessity of this provision. If there be cases in which the indulgence of converting vessels into ware-houses ought to be granted, there will be no hardship, where the intention is fair, to require a bond similar to that given for a coasting voyage. And the collectors should likewise, in such cases, be expressly authorized to take such efficient precautions as will put it out of the power of such to sail without warning.
2d. In order to prevent those fraudulent sales of vessels by which ostensible owners of no responsibility are substituted to those from whom penalties might be recovered, it is necessary to provide that those owners of vessels whose names appear on the register or license, should continue to be reputed as such, and liable to the penalties in case of infraction of the laws, until the register or license shall have been regularly granted by the collector to the purchaser. And in every such case of purchase, a sufficient bond that the embargo shall not be infringed, to be previously required.
3. The power to seize unusual deposits now vested in the collectors of districts adjacent to the territories of foreign nations, should, as was contemplated in the bill passed by the house of representatives, be extended to all the districts. That this is an arbitrary power, which nothing but the unremitting efforts in some places to evade the law can possibly justify, cannot be denied; and it should, like that of detention, be placed under the control of the president, and be executed only in conformity with such general rules as he would prescribe.
4. Exclusively of the assistance which may be derived from gun boats and from the armed vessels of the United States, it would be advisable to authorize the collectors to add to a or twelve cutters to the service of each district. Fast sailing vessels of from 12 to 16 water, requiring only from fifteen to twenty men each, are mostly wanted, and would, for the object contemplated, be as useful as the largest frigates.
5. It is with regret that the necessity of authorising, on the application of the collectors, an immediate call of the local physical force of the country, must also be stated. But such partial acts of violence as have taken place in some of the sea ports cannot be prevented by the circuitous manner in which the publick force must now be brought out in support of the laws. And no doubt exists that the mass of the citizens, whether they approve or disapprove of the embargo, would, in every port, instantaneously suppress any such outrage, provided they can be called upon to act in a legal manner.
Some other provisions appear also necessary for the purpose of carrying the laws more completely into effect along our land frontiers.
1. The exportation of specie by land should be expressly prohibited.
2. The power of detaining deposits should be so expressed as to leave no doubt of the authority to detain waggons and other carriages laden and actually on their way to a foreign territory. Although I cannot perceive any reason for the distinction, it has been supposed in one of the districts that the law which authorised the detention of flour, beef or pot-ash, deposited in a warehouse did not extend to the case of their being deposited in a waggon, although evidently on its way to Canada.
3. The offence now punishable by law is that of exportation. This is not consummated till after the property has been actually carried beyond the lines, where, being in a foreign jurisdiction, it cannot be seized; so that forfeiture, which is the most efficient penalty, can never apply to exportations by land; and no bond being required as in the case of vessels, the only remedy is the uncertain one of recovering penalties against apparent offenders, who either abscond or have no property. How far it may be practicable to make the act of preparing the means of exportation punishable, or to provide some other remedy, is submitted to the committee.
But it must also be observed, that every degree of opposition to the laws, which falls short of treason, is now, with but few exceptions, an offence undefined and unprovided for by the laws of the United States; whence it follows that such offences remain unpunished when the state authorities do not interfere. The necessity of defining those offences by law as misdemeanors, and of providing an adequate punishment appears obvious.
They leave here to add, that it does not appear necessary to continue any longer the indulgence granted to the British merchants to import for the use of the Indians, articles of which the importation is generally prohibited by law; as that privilege is liable to great abuse, and affords just ground of dissatisfaction to American citizens. Whether it is advisable to continue the permission given to those Indian traders to export furs and pel-
try, is a question to be decided by political considerations.
The last branch of the subject to which I at present call the attention of the committee, relates to interruptions and certain injurious proceedings attempted under colour of law.
1. Vexatious suits are brought against collectors, which not only perplex faithful officers, but have the effect of intimidating others, and prevent an energetic performance of their duties. The only provisions which have occurred to me on that subject, are to enable the collectors who may be sued, always to remove the cause before a court of the United States; to make a certificate issued by the proper authority, that there was reasonable cause of detention, protect them against damages in case of detentions, in the same manner as is now provided in case of seizures; and to provide for the safe keeping and restoring when proper, and on security being given, the vessels and property which may be detained.
2. Attempts have in several instances been made to wrest from the collectors by writs of replevin issued by state courts or officers, property detained or seized by said collectors, or which, in any other manner, is in their possession in conformity with some law of the United States. It is evident that such attempts, if submitted to, would defeat not only the embargo, but also the revenue laws of the United States; that whenever property is by virtue of a law of the United States in the possession of a collector, marshal, or any other of their officers, no process in rem which will take the property away, whether of replevin, attachment or any other, can be legally issued by a state authority; and that the sheriff or other person executing the same, must be considered as a mere trespasser, and be resisted accordingly. But there is no other way at present to resist such illegal process, but actual force. And it appears necessary that another remedy should be afforded, by providing a summary mode of superseding any such process thro' the interference of the courts and judges of the United States; and by making it penal for any sheriff, or other person, to execute the same, or in any manner to attempt to take property which by virtue of any law of the United States is in the collector's possession.
3. In some instances where vessels and cargoes libelled for infractions of the embargo have been restored to their owners on their giving security for the appraised value, the valuations have been so low as to reduce the forfeiture to an inconsiderable sum, thereby defeating altogether the law. It is suggested that this might be prevented by a provision authorising and directing the district judges to set aside, on motion of the district attorney, such valuations whenever in their opinion falling short of the true value.
4. On the subject of the mandamus I will only observe that, in the only instance which it has taken place, the court, supposing they had jurisdiction, could not, from the manner in which the question was brought before them, have decided otherwise than they did: but that it is desirable that the question of jurisdiction, as it relates either to the courts in whom the power ought to be vested, or to the courts to which it should extend, should be precisely defined by law.
I have not in this communication taken into consideration the technical defects of the existing embargo laws, because prosecutions do not fall within my immediate cognizance, and I do not feel competent to the task of pointing out the necessary alterations. Measures have, however, been taken to procure on that subject and from the proper sources, information which will hereafter be laid before the committee.
To the remaining enquiry of the committee, whether the inconveniences of the present system may not in some degree be removed, I can only answer generally, that a law which lays such extraordinary restrictions as the embargo, cannot be carried into effect without imposing serious inconveniences even on the domestic intercourse of the United States; and that these must necessarily be increased in proportion to the opposition and efforts to evade or violate the law. It has already been stated that provisions which will render the bond given by coasting vessels a complete security against violations of them, will diminish the necessity and extent of more arbitrary restrictions. An authority to permit, on proper security being given, such vessels when they arrive in port, to keep their cargoes on board, would afford some relief. And I think that the credit on duties accruing on the importation of certain articles, which was allowed by the act of the 10th March last, should be extended to all importations of the same articles made after the passing of the act, those made in vessels which sailed under special permission only excepted. With respect to this last class of importations, as they were permitted by special indulgence, as it is understood that it has been impossible in many cases to prevent its being abused, and as in almost all the parties having a species of exclusive privilege have made sufficiently profitable voyages, the propriety, particularly in the existing situation of the revenue, of allowing them also the advantage of an extended credit on duties, is not perceived.
I have the honour to be, With great respect, Sir, your obedient servant, ALBERT GALLATIN. Hon. W. B. Giles, Chairman of a Committee of the Senate.
VIRGINIA BANK STOCK.
WANTED TO PURCHASE, VIRGINIA BANK STOCK, For which Cash will be given. Application to be made to the SECRETARY of the MARINE INSURANCE COMPANY. JOHN GRANBURY, President. Office of the Marine Insurance Company of Norfolk, Dec. 14.
THE CARGO of the British Brig Meanwell, from St. Kitts—Consisting of Prime SUGAR and MOLASSES, For Sale, by C. & F. Whittle. Dec. 5.
THE CARGO of the British Schooner Commerce, captain Collins, consisting of COFFEE and SUGAR, For Sale by C. & F. Whittle. Dec. 5.
THE PUBLICK LEDGER.
FRIDAY EVENING, DEC. 16. 1808.
Presidential Election as far as received.
FOR PRESIDENT.
   Madison. Pinckney.     Virginia, 24   North-Carolina, 11 3   Maryland, 9 2   Pennsylvania, 20   Jersey, 8   72 5  
FOR VICE-PRESIDENT.
   Clinton. King.     Virginia, 24   North-Carolina, 11 3   Maryland, 9 2   Pennsylvania, 20   Jersey, 8   72 5  
MR. GALLATIN'S REPORT.—There are circumstances, which produce such an extraordinary effect upon the passions and feelings, as prevent expression. Such was our situation with regard to this report, when we first received it, nor have we yet recovered from our astonishment.
Upon giving the report an attentive perusal, we cannot conceive any thing that has been said, or written upon the subject, furnishes stronger reasons for a discontinuance of the embargo, than are contained in this document. The questions propounded to Mr. Gallatin, did not require his opinion of the embargo, as an original measure, but only to state what in his opinion, would be the best means for preventing violations, and enforcing obedience. And to these questions Mr. Gallatin has answered. The embargo laws, according to the report of Mr. Gallatin cannot be enforced without resorting to means which will be regarded with horror, and cannot be practised without violations of all those principles of government, and civil rights, which have been cherished by every real American. To sum up in a few words the opinion of Mr. Gallatin, it amounts to this, that from the oppressive nature of the embargo, it cannot be enforced without arming the executive, and the collectors, with the disposable force of the country, without placing the collectors and their officers, beyond the control of law for an abuse of power, without taking away the jurisdiction of the state judiciary in certain cases, and finally without the exercise of arbitrary power. We trust that we do not misrepresent the obvious meaning of Mr. Gallatin, and sure we are that we have not enumerated many other dangerous measures, which are suggested in the report.
The reader is requested to remember the predictions of those who have opposed the embargo.—They said, that from its oppressive nature, it would be evaded, and that it was too severe an appeal to the patriotism of the nation. Mr. Quincy, and other members of Congress, have said that it could not be enforced. No person understood those gentlemen as saying, that it was impossible to enforce the embargo laws, under any circumstance. No person has ever denied, or for a moment doubted, that it could be enforced, provided arbitrary power was exercised, and the principles of our constitution disregarded.
Every person of common observation, must well understand, that an arbitrary government, is best calculated to carry its measures into complete effect. Buonaparte furnishes us with an example of the effects of a system of arbitrary power. He has nearly annihilated all commerce in France, and the countries under his control, but he has not been able to effect this without means which no American who has witnessed them, or who has heard of them, would wish to see, resorted to in this country. A host of military tyrants, police officers, and their accompaniments, spies, and informers, domiciliary visits, with severe pains and penalties, all united, have nearly produced obedience to his self-denying, and self-destroying ordinances. Are such means contemplated in America? Let us pause a moment, before we advance from whence we cannot return. The introduction of the measures, such as are suggested in the report, may, and no doubt will, answer the end proposed. It is of the nature of power to accumulate, and like the ball of snow, which gathers more as it becomes larger, so power becomes more extensive and durable, when armed with force.
That the means are justified by the end, is a maxim that cannot be admitted in a nation, governed by a free constitution, whose operations are limited in its formation. These are a few of the impressions which this report has made upon our minds. We shall not enlarge upon the subject, until we see the bill which has been reported by Mr. Giles. By many it is hoped that the bill will not be conformable to the report; but when we remember that the same gentleman recommended a suspension of the Habeas Corpus, without any constitutional necessity, we are not sanguine in our hopes. Our country is certainly in an awful situation; but we do not think that any thing will be preferable to the measures suggested in this report. War with Great Britain would be infinitely more advisable, because the freedom of our constitution would survive its effects, and we should remain a free people.

We have conceived it to be our duty to present our readers with the Speech of Mr. Giles, without being deterred by its great length, and hope to conclude it in our next. Mr. Giles insists that the embargo will in the end coerce Great Britain into our views; as to France he candidly admits that she cares nothing about it; he might have gone further, and said, that she approved it.
The Liverpool prices current have become important documents, when pressed into the service of a Senator of the United States, from being heretofore subjects of merriment for those who were best acquainted with them. These prices current, and the remarks, which are annexed to them, have usually been more noticed for the ingenious variety of expression, than for any solid information which they contained, but it is natural for those who wish to sustain their measures to catch at any thing however trifling. If Mr. Giles relies upon such information, he will find himself as much deceived as the merchant who makes shipments upon the information of printed prices current.
Mr. Giles says that the labourers, and mechanics of our cities, have employment plenty, and provisions cheap, and that their condition was never better. Many sorrowful hearts, can attest the truth of this assertion. It is lamentable that the real state of the country should be disguised. — What will Mr. Giles say, when informed that at the moment we are writing, three hundred persons are added in this town to the list of poor supported by publick bounty? — besides as many more by private charity, and, we fear, the still greater number who suffer from the pride which forbids them to solicit aid.
Mr. Giles says that the opposition to the embargo, has made Great-Britain persevere in her injustice. The measure was more abused by its friends than its foes. It was not ten days in operation before the Legislature of Virginia proclaimed its oppressive character, by making it a cause for suspending, or impeding the course of justice. Other Legislatures have followed the example of Virginia, which has become so extensive, that the course of civil justice is almost suspended. The persons who generally have supported these measures, are friends, and not opposers of the embargo.
SALEM, Dec. 6. In the Mohawk, from Liverpool, came passenger captain Folger, late master of the American brig Acorn, seized and condemned in France, under the Berlin Decree; captain Waterman, late of the Mentor, of New-York, which was burnt by the French ruffians at sea, under the barbarous decrees of their master; and another gentleman.
Captain Folger informs us, that he left Paris the 30th of August, and escaped in an open boat from St. Maloes on the 18th of September, after a severe struggle with the guard boats. While he was at Paris, large bodies of troops were marching from the camps near that city for Spain, and it was represented that Buonaparte was sending forward upwards of eighty thousand men for the conquest of that kingdom for his brother Joseph. There can indeed be no doubt but he will exert all the force he can spare from other objects for this purpose. Capt. F. represents, that the conduct of the French prize courts is most infamous—that they do not even observe the forms that decency might require to cover their injustice—and that he has actually seen the summary process of the condemnation of several vessels, with so little ceremony or deliberation, that there was not even a pen put to paper in the business.
Captain Waterman, of the Mentor, belonging to New York, was from a Spanish port in the Mediterranean; on his passage he was boarded from an English man of war, but suffered to proceed without any endorsement of papers; afterwards he had the misfortune to meet with two French frigates, and was boarded from one of them—after examination, they were about dismissing him, when one of his sailors (a foreigner, who now called himself a Frenchman) informed of their having been spoke by the English, on which capt. W. was required to alter his declaration, or they would burn his vessel, and he and his crew be made prisoners of war—but he refused to make any alteration, and remonstrated against their yielding to the testimony of such a fellow, against all other circumstances—but in vain; part of the Mentor's cargo was taken out, the crew carried on board the frigate, and in the night, captain W. was invited upon deck to behold his ship in flames!
On board the frigate they were treated worse than the English prisoners; they were afterwards carried into France—marched to Brest and imprisoned—from thence through other prisons to Verdun—his mate and some of his people hand-cuffed on their march. At length after a tedious correspondence with general Armstrong, and assurances from him that he had done every thing in his power by petitions for their release, Captain W. insisted that he should demand, in the name of his country: it was finally obtained, after being a prisoner nearly five months, from March to July, during which time he had been the tenant of thirty-two different prisons!
Such is the treatment Americans receive at the hands of France—our ships plundered and burnt on the ocean—our fellow-citizens carried into captivity loaded with irons, imprisoned, and treated like slaves; while the arms of our country are turned only against our citizens, and the doors of secrecy are closed upon the enormities of the universal robber, to whom in America we burn incense as the head of the "enlightened government of France!"
BOSTON, December 7. Arrivals in this port, via Salem, from Liverpool, and at Newport, from Spain, have given us European articles to a very late date. We must confine ourselves to a short summary.
The success of the patriotic cause in Spain had not been checked. At the last date, the French army in the north of Spain, was apparently penned in the nook, formed by a small part of Navarre, part of Biscay, and the little districts of Alava and Guip-
ascoa:—And if the Spanish accounts be correct, while the French right was menaced by Blake, and their centre by Castanos, Palafox had turned their left flank, and had penetrated through Navarre, by Pampluna, into their rear. To which the Coruna accounts add, that the patriot army was in motion, and that a general attack was to be made on the whole French line, the 24th or 25th October, before further reinforced. In the south of the peninsula, the French were confined to, and surrounded in Barcelona; and the patriot army in that quarter was receiving reinforcements. The Spaniards appeared as resolute as they were prudent; and their spirits were unabated. The central Junta had been organized, and were adopting the most spirited measures to rid their country of the enemy, and establish the independence of Spain. The French were receiving reinforcements in Spain and the vicinity, but it did not dampen the Spanish confidence.
NEW YORK, December 9.
Foreign. —By the schooner Friendship, capt. Dofiver, who arrived this morning, in 41 days from Liverpool, we have received our regular files of London papers and Lloyd's Lists, to October 26. The leading articles in these papers, were anticipated in the Commercial Advertiser of last evening, by the arrival at Boston. Our papers contain the articles of amnesty between Russia and Sweden, and a number of Spanish and Portuguese state papers, which shall be given hereafter.
The London Courier of October 21st. contains the following remark on president Jefferson's reply to the Boston Memorial:
"The answer of Mr. Jefferson to the inhabitants of Boston, who prayed for a suspension of the embargo (which we inserted yesterday, and have republished to-day), is such as we expected.—There is an actual moderation of tone and temper in it, which it is hoped will reconcile the Americans to a measure, which, without doing any injury to the belligerents powers, at least to England, is rapidly working the ruin of the American trade—it will require, however, much greater talents than Mr. Jefferson possesses, to make the people of America look with applause upon an act which may well be called an act of suicide. Is it not as great an absurdity as if a man were to give himself a mortal wound, and then exclaim, "see how I am revenged on the person whom I hate." Though that veil, however, of moderation and sensibility for the distress of the American merchants, it is easy to see that Mr. Jefferson's sentiments are hostile to us, and that he does not view the exertions of the Spanish patriots with any feelings of satisfaction. Observe, that in his style of address towards America, he always places us first—"The orders of England, and the Decree of France and Spain," as if our orders had been the consequence of the decrees, instead of having been the consequence of them. He endeavours to keep out of sight that the trade with Spain is perfectly free to general commerce, that the English have not prevented the neutral commerce, and that the Spanish government alone, the American government, or the United States, can lay an embargo on the trade with her colonies. It is a fact, that the United States, by a brother of the President, has been in the habit of supplying the British ministers in Spain, with information respecting the American and Spanish trade. It is a fact, that Mr. Jefferson, in reply to a communication from them before the close of the last session, declared that the United States were ready to trade with Spain from the moment that Spain showed her hostility to the tyrant of Europe; and that no circumlocution through England was henceforth required of them. But this Mr. Jefferson most unfairly keeps out of sight.—He keeps out of sight, too, every thing which is cheering and animating with respect to Spain.—"In Spain, indeed, a contest for the government appears to have arisen."—Expressions that would give the people of America to understand, that the contest in Spain was between two domestick factions struggling for the direction of affairs—that parties had arisen in the state which had thrown every thing into anxiety and confusion. He does not, as he ought to have done, state that in Spain there is but one party, the party of the whole people determined to throw off a foreign yoke, and to keep out a foreign tyrant—that it is all Spain fighting against Buonaparte, who wishes to impose on the Spaniards a king whom they are determined not to accept. We should have thought that the American president, who boasts of ruling over a free people, would have scarcely been able to have found words sufficiently animating to express his joy at such a prospect—that giving a gigantic form to liberty, he would have depicted her bestirring the vast Atlantick, sustaining with one hand the independence of America, and grasping with the other the energies of Spain, to direct them against her oppressor. But no! All is cold and cheerless in Mr. Jefferson's letter—he sees nothing great or glorious in the struggle—it is merely "a contest for government!"
SPAIN.
CORUNNA, (Gallicia) Oct. 6.
The Supreme Junta has published an official letter from gen. Blake, dated H. Q. Quincoeres, 30th September, giving an account that Marshal Ney, had made a feint with the army under his command, with intent to fall on our force in Bilbao, with treble its force—but the patriot division, under Portago, apprised of the movement, made good its retreat, with its artillery and baggage, to Salbado. The French re-entered Bilbao the 27th. The measures taken by the Spanish army, in consequence of this movement, were the most judicious.
It will be recollected, that in August, the French took possession of Bilbao, and pillaged it. It was afterwards re-taken by the Spaniards, as appears by the following official note from gen. Blake, to the Junta of Gallicia:
"By a private letter which I have just received from major-general Marquis de Portago, written yesterday in Bilbao; that said general advises me of his having entered that town the same morning, after an engagement, which lasted three hours, and our loss in which was but very trifling. He bestows much praise on the conduct of his division, and promises to send me, as speedily as possible, the particulars of the above operation."
"The inhabitants received the Spanish troops with peculiar joy, and proceeded immediately to proclaim Ferdinand VII. I think it right to communicate to you the above intelligence, altho' I am not yet able to give a detailed account, which I am expecting every moment."
"God preserve your Highness many years." "JOACHIM BLAKE." "Head-Quarters, Trespaderne, Sept. 21, 1808." October 10. On the 30th ult. (three days after the capture) the French attempted to quit Bilbao, but were obliged to return. We may therefore expect their retreat to be cut off; that our army will fall upon Ney, and his 14,000 men; and that our arms will have a glorious day. Generals Cuesta and P. Llamos have formed a junction, and 9,000 Asturians are at Reynosa.
On the 4th at day break gen. Blake's army, at Quincoeres (not far from Bilbao) was in motion.—Castanos, with 22,000 (of which 7000 are cavalry) is at Logrona; Palafox, with 18,000 men, is advancing by Roncesvalles towards Fonterabia, to cut off the retreat of the French, by Irun."
October 13.
This morning a British convoy, of 140 sail, with 13,000 troops, under sir David Baird, arrived here. It was expected their disembarkation would commence immediately—but the Provincial Junta having been dissolved, it is necessary that the sanction of the Supreme Central Junta should be obtained, before the troops can land. An express has gone to Madrid for the purpose. Gen. Baird has landed. We expect also 5000 cavalry from England. As soon as the transports are cleared, they will proceed to Lisbon, to bring part of the English troops from thence; the whole of which are to act with gen. Blake.
"Gen. Castanos has been appointed commander in chief of the Spanish forces. General Cuesta has resigned."
OFFICIAL.
From the President of the Central Junta, to Gen. Castanos.
Most Honoured Sir, In the Supreme Government of the Kingdom, a memorial has been received from your excellency pointing out the difficulties which in your opinion oppose themselves to the establishment of a military council, the necessity of which, in the judgment of your excellency is, that the Inspectors should have a seat in it; and lastly, that your feelings and honour do not permit you to remain any longer at Madrid; in consequence the Junta have resolved that your excellency should be informed, that it has already signified its orders to the members absent, and it doubts not that they will delay their journey, which is destined to a service so important: that the inspectors shall be called to the council when they shall think proper, in which case they will have a vote in it; and finally, that the Junta cannot but recognize in the exposition of your excellency relative to your march to the army, all the delicacy of which the most delicate soldier is susceptible.
The say of your excellency in Madrid was useful and essential, since from it have resulted the formation of plans and measures most proper for carrying on the war against our enemies, intelligence of their situation, that of the forces which your excellency commanded, and the superior discipline due in a great measure to the penetration and military talents of your excellency, and ultimately the union of operations of all the armies, which happily has been arranged during the continuance of your excellency at Madrid, and at the side of the Supreme Junta. Envy and detraction cannot asperse motives to pure, nor shade the merit, which in the present state of affairs your excellency has recently gained in the service of the country; and the Supreme Junta, which knows it to be so, will give your excellency proofs of it on every occasion that offers, and on those which it shortly expects in consequence of the determination of your excellency to place yourself at the head of your army, which it highly approves; since on that and on the acknowledged military talents and patriotism of your excellency, the Junta has founded the hope of the quick expulsion of the enemy from our country;—the nation waits for it with unspeakable anxiety, and has placed its eyes on your excellency, already accustomed to similar undertakings.
May God preserve your excellency many years. The Count DE FLORIDA BLANCA. Aranjuez, 1st Oct. 1808. To his Excellency Seignor Don F. X. Castanos.
MADRID, Oct. 1.
It is reported that the diplomatic hero of the day, his excellency Don Pedro Cevallos, defender of the innocence of our beloved Ferdinand, and, in short, a true Spaniard, full of honour and greatness of soul, proceeds to Austria, Russia and Prussia, to represent to those courts, and to all Europe, the perfidy of Napoleon, of which he was himself a witness at Bayonne, and to require justice of every nation.
The Spanish Troops in Portugal.
The following is the speech of general Beresford, on returning the sword of the Spanish general Lagune, of which he had been perfidiously deprived by the French at Lisbon, at the time the Spanish troops were disarmed in that city:
"Seignor General—The scene which this day affords, excites in me most lively pleasure—and in restoring to these brave soldiers their arms, I have the honour of presenting to your excellency this sword, to be delivered to its owner; placing it in the hand of a Spaniard, is giving it to a man of valour, with the assurance that he will use it in the cause of glory and honour. Take it, Seignor General, and with these brave troops to whom I am now going to restore their arms, of which they were deceitfully deprived by a treacherous enemy, who dare not seize them openly—go, avenge them, and also your country, which the same enemy has treated with a perfidy never before experienced by any people. In the mean time, Seignor General, go, conduct these troops, that they may pursue the gallant actions which your heroic nation has already performed, as they have finally to accomplish the desires of the English people—of seeing Spain free, it being now our sole wish that the Spanish and English nations may always have united and allied."
To these observations general Lagune replied: "General, it gives me the greatest satisfaction to receive at the hands of your excellency, the arms of which the Spanish nation was stripped by the deepest perfidy, and cunning; and in the name of my sovereign Lord Don Ferdinand VII. (whom God preserve) I return you my most grateful thanks." "The cause which unites and impels us, is a secure pledge of the noble sentiments which animate the two nations, and ought to assure your excellency, that the general wish of my countrymen is solely directed to the total destruction of the common ene-
my. May the Almighty grant, that a durable peace may be the fruit of our labours, and concede to us the happiness that the defenders of their country and their families may enjoy!"
Turning to the brigadier Don Romoy Gamboa, he delivered him his sword, with some observations suitable to the occasion. This commander seizing it, swore to "conquer or die for Ferdinand VII. his religion and his country." The drums then beat, and all the officers and chiefs assembled, when he thus addressed them:
"Friends and unfortunate companions in arms! Our infamous imprisonment has ceased: we can now hasten to the defence of our country. Our beloved Ferdinand VII. is proclaimed king of Spain and the Indies by common consent: although he remains in France, his joyful subjects have sworn to die or conquer in defence of so just a cause. Let us then arm our soldiers, and let it always be our object to defend our king, our religion, and our country, incessantly repeating, Viva Ferdinand VII. Vencer o Morir."—(Conquer or die.)
The chiefs and officers putting their right hands on the hilt of the swords, swore never to repose till they had seen their beloved Ferdinand VII. re-established on his throne; returning to their posts, they delivered the arms to their respective companies.
JUNOT'S ARMY.
LONDON, Oct. 27.
The convention for the surrender of Junot's French army, has been duly executed. All the plunder was, however, taken from them by a military committee. The first division sailed for France about the 15th September. The number surrendered by the capitulation, was 3 generals, 667 officers, 176 sergeants, 23,526 soldiers, infantry; and 1063 cavalry, 161 conductors. Their loss in the previous battles, was 6639. On the same day the last division embarked; when the Portuguese flag was hoisted on all the castles, and mutual congratulations took place between the English, Spanish, and Portuguese.—Junot was followed to the shore by thousands of the populace hooting at him. He was protected from injury by the English officers. The city was illuminated. The Portuguese government was immediately re-established; and the intendant general Lucas De Scarray Silva began to exercise his functions. At the last dates we have not heard of the arrival of these troops in France; the first division was left much dispersed, making towards Quiberon Bay; the second division probably reached Rochefort about the 20th instant.
VALUABLE PROPERTY.
Will positively be Sold, by virtue of three deeds in trust executed by Robert Gibson and David Patterson, deceased, to secure a sum of money to Robert B. Taylor, transferred to D. R. Waddey, and by him transferred to Beverly Bayton:
WILL BE SOLD, for cash, on TUESDAY the 17th instant, at the Exchange Coffee House, at 11 o'clock, That fine large fire proof WAREHOUSE in wide Water Street, lately occupied by said R. Gibson. The House & Lot, in Duke-Street, at present in the occupancy of R. Gibson—and that large WOOD DWELLING HOUSE on TOWN-Point, Main-Street, lately occupied by R. B. Taylor and at present in the occupancy of D. R. Waddey.
James Taylor, jr. Thos. Armistead, Trustees.
Dec. 16.
To close a consignment, will be sold on Saturday the 17th inst. before the market house, for ready cash, at 12 o'clock, if just, if not, the first fair day the next week,
20 puns. N. E. RUM & 5 bls BEEF. Christopher Fry.
Dec. 14.
2
FOR SALE,
By virtue of four separate deeds in trust from Bart. Yates, to satisfy sundry claims, will be sold at Gloucester Courthouse, on Saturday the 24th instant, for ready money,
Four likely young NEGRO MEN, two of them are very excellent Blacksmiths, the third a Carpenter, and the fourth accustomed to different sorts of labour—These negroes are under most excellent characters. William Jones, Exr. of John Cullet, decd. tds
December 9
FOR SALE,
The armed and fast sailing Schooner TRIMMER, of 121 tons burthen, now lying between Marsden's and Commerce Street Wharves. She has some entirely new sails and can be ready for sea in three days. For terms apply to James & Thos. Tucker.
Dec. 16.
Just received, and for sale on board the brig Samuel, at the end of Campbell's wharf, Lime, Codfish, Mackerel, Pickled Lobsters, Beef, Cheese, Potatoes, Shoes, and a few excellent Grindstones.
Dec. 16.
5
FOR SALE, by the Subscriber,
50 tierces RICE; 30 bales COTTON. GEORGE RAINCOCK.
Dec. 16.
1m
FOR RENT,
That convenient BRICK HOUSE in Market Square, at present occupied in part by Mr. Fabre—it is well calculated for two Grocery Stores below, and will be neatly fitted above for the residence of families—possession given the first of January. Apply to William A. Armistead.
Dec 14
3
To be Hired out from 1st of January, A WOMAN, who is an excellent washer and house servant generally, and a good plain cook.—Apply to the Editor of the Ledger.
Dec. 14.
1f
The Regular Packet Schooner PLOUGHBOY, Captain Hall, will sail for Charleston on Sunday next.
Deagle's Packet, will sail for Baltimore first fair wind.
NOTES,
According to the form lately ordered by the Directors of the VIRGINIA BANK, for Sale at the Ledger Office. Nov. 23.

BRIG MOSES MYERS. NOTICE. All those who had an interest in the American Brig Moses Myers, Master, or her cargo, captured by the French in the year 1800, on a voyage from Madeira to Norfolk, and re-captured by the British privateer Rover, and carried into Halifax, Nova Scotia, by applying to the subscriber, will receive their proportion of the funds collected from the recaptors, by the agents of the claimants, according to a decree of the high court of appeals in Great Britain. Robert Maitland. November 4.
Boot and Shoe Manufactory. SAMUEL COLEMAN, Opposite the Market (westward) has received by captain Hand, from Philadelphia, a quantity of the Highest Priced Boot Legs, Vamps, Tops, and other Materials, for his Factory. He has also some leather, which has been in for seven years; with these, the best workmen here, and the greatest care and attention, he believes the people of this place and its vicinity, may be as well supplied as any factory in the Union. His Stock at present is as good as the country can furnish, and he intends to use no other kind, the price of course must be higher, and when the Boots go the money must come, having found in a number of instances that a few days means six or twelve months, and an application even then for the money is ample cause of enquiry. He has on hand a large assortment of BOOTS and SHOES. SALT, LONDON PORTER, &c. &c. Fresh SHOES from New-York for Ladies, of red, green, and black Morocco, with 1, 2, and 3 ties. JOURNEYMEN WANTED. The best Boot and Shoe Makers, not only such as can, but such as will do the best work in all cases, may meet with as much encouragement in my factory, as in any in this state, for any state in the Union north of this. October 3.
NOTICE. All persons having claims against the estate of William Cary, deceased, formerly of York Town, are requested to present them to the subscriber, for settlement; and all those persons who are indebted to the estate of said Cary, are desired to make immediate settlement—No further indulgence can be allowed. Thomas Griffin, adm'r. York-Town, Dec. 7. 1808.
NOTICE. All persons indebted to the estate of Alexander Marmey, deceased, formerly of York Town, are again called upon for settlement of their debts—Suits will be commenced against all debtors indiscriminately. Thomas Griffin, Surviving trustee of Alex. Marmey, dec. York-Town, Dec. 7. 1808.
The Members of the Dismal Swamp Company, are requested to meet at Suffolk on the 28th of December. That place is preferred for a meeting, because it is a very small distance from the land, and the members will have a better opportunity of information as to the whole business of the company than at any other place—Those who may not attend will be pleased to give powers to others to act for them. William Nelson, } Managers. John Bracken, } Corbin Griffin, } Dec. 2.
Norfolk Borough, At a quarterly session court held the 28th day of November, 1808. The Marine Insurance Company of Norfolk, Against Felix Corran, Michael Corran, Noble and Arbuthnot, & co. and Theodore Armitage, DEFENDANTS. The defendant Felix Corran not having entered his appearance and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this commonwealth, on the motion of the plaintiffs by their counsel, it is ordered that the said defendant Felix Corran do appear here on the fourth Monday in February next and answer the bill of complaint, and that a copy of this order be forthwith inserted in one of the newspapers printed in this Borough for eight weeks successively, and posted at the field door of the courthouse of said Borough—and it is further ordered that the defendants Michael Corran, Noble and Arbuthnot, & co. and Theodore Armitage, who have effected the said Felix Corran in their hands do not pay, convey away or secret such effects, but retain them until the further order or decree of this court. A C. F. (Teste,) Wm. Sharp, c. c. Dec. 2.
NOTICE. The co-partnership of PRUNET & THOMPSON, will be dissolved on the 31st inst. All persons having demands against the said firm, will present their accounts for settlement, and those indebted, will please make payment to Wm. H. Thompson, who is authorized to settle the accounts of said concern. Henry Brunet, Wm. H. Thompson, Norfolk, Dec 2.
FLOUR. FOR SALE BY JOHN GRANBERRY, AT HIS WARE-HOUSE ON COMMERCE-STREET, A small quantity of very excellent New Flour, in barrels and half-barrels, now on hand, fit for family use, and a regular supply expected from the Cambrian Mills—Richmond inspection. CASH given for good new flour barrels and half-barrels. Nov. 9.
FOR SALE On board the British ship Holiday, Capt. Marshall, just arrived from Liverpool, 355 tons Stowed SALT, 145 do. do. do. 100 crates well assorted Earthenware, and 12 dozen Mats—by C. & F. WHITTLE. September 5.
'FOR RENT, A Convenient Dwelling House on the Main-Street, near the Bridge, next door to Mrs. Archer. Also, That commodious House on Catharine-street, at present occupied by Mr. James Dykes, and joining the subscriber; they have excellent gardens, and all convenient out-houses. Also, A very convenient Dwelling-House, just finished, on Commerce-street. For terms apply to James Tucker. August 15.
FOR SALE. Little England Plantation, near Hampton, containing 555 acres of excellent land, about 300 of which are cleared, the remainder under wood, with a Dwelling House, Offices, &c. This Plantation has many advantages over most others in the low country. There is a wharf within fifty yards of the house, with sufficient water for any vessel to lie at that can come into Hampton Creek, and the advantage to a farmer of having every thing conveyed to and from so considerable a market as Norfolk by water, is a circumstance of the first consideration. There is an excellent Pump in the farm-yard, with a well sufficient to water any fleet that may generally be in Hampton Roads; from this pump there are water-ways to the wharf, by which a boat can load from 10 to 12 tons of water in two hours—It yielded the late proprietor at one time 700 dollars in twelve months. The Plantation is most completely fenced by double ditches, staked, and wattled, with some hedges—In short, the House, Offices, and Land, are in such perfect neat and good order, that any person purchasing the place would not have a cent to lay out on it. Those who may wish to view the premises will please apply to Dr. Ward, at Little England—For terms or other particulars, apply to William H. Thompson. N. B. The Negroes, Stock, and Farming Utensils, will be sold with or without the Plantation. October 7.
FOR SALE, 30,000 acres valuable LAND, situated upon the river Washita, in one of the most fertile parts of Louisiana—Particulars with regard to local advantages, situation, title, and the most favorable terms to purchasers, will be made known by application to THOMAS TUNNO, in Charleston, or MORRIS MILLER, in Savannah. Feb. 3.
Richard Jeffrey & Co. No 66, Main-street, corner of Bank-Street, have just received from London, per the ship Planter, An assortment of MEDICINES, of the first quality. Also, a few hundred weight refined Salt Petre, Hardham's Snuff, No. 2, and 37, in 1-2 and 1-4 pound canisters; Violet, Benzoin, Windsor and Shaving Soap, Evan's Best Crown Lances, Tooth Brushes of superior kind, Refined Liquorice, &c. They have on hand, and are in daily expectation of receiving from Amsterdam, all kinds of GLASS WARE, suitable to Apothecaries. MEDICINE CHESTS for ships and family use, with printed directions, put up as usual.
FOR SALE In our Ware-House, where the largest vessel can come along side, 15,000 bushels of CORN, 2000 do. do. white, 30 bales Cotton. Also, 4000 bushels coarse SALT, 150 sacks Ground Allum do. 45 hogsheads old Antigua Rum, do. Jamaica do. 40 hogsheads Sugar, 80 barrels do. A few casks excellent Port Wine, Coffee in hogsheads, Madeira Wine, 45 crates Earthenware, Tobacco from several inspections. GEO. MURRAY, & Co. September 9.
THE SUBSCRIBER Wishes to Sell, and will Sell or Rent on moderate terms, That very excellent Wharf and Lot, in the town of Gosport, at present occupied by William Smith the Wharf, Ware-Houses, and Dwelling-House are all in good repair. Thirteen Lots in the Town of Suffolk; And the following Property in Norfolk, Two good Fire-Proof Warehouses on the Eastern side of Commerce-Street, Nos. 4 and 6. Two Dwelling-Houses and Lots on Boush-street, in good repair, and very pleasantly situated Apply to John Granbery. September 14.
NOW LANDING On our Wharf, and for Sale on a liberal credit, from on board the British Schooner Commerce, Capt. Collins, from Jamaica, A Cargo of high proof RUM. C. & F. Whittle. September 2.
Leather, Cordage, and Loaf Sugar. The subscriber will hereafter expose for Sale at his Warehouse on Cornhill's wharf the above Articles, or sub manufacture of Norfolk, at reduced prices for Cash, or on short credits only. Theo. Armistead. He will sell or lease for a term of years, the STORES at the end of Commerce and Rothery's wharves. TO RENT And immediate possession given, The HOUSE and LOT , with a spacious Garden, on Duke street, at present occupied by Mr. John Stratton. Apply to William Flume & Co. Nov. 25.
TO RENT. The LIVERY STABLES lately occupied by Lewis Armistead, on Wolf street, opposite the United States Bank—attached to which is a comfortable single two story Dwelling House, and another building which at times has served as a kitchen to the dwelling, or as a blacksmith or farrier's shop to the stable. The whole together, or either separately, will be rented on moderate terms, and possession given immediately. Luke Wheeler. Nov. 25.
FALL GOODS. WOOD & HASTINGS, Have just received a general assortment of SEASONABLE GOODS, Which they will sell at very reduced prices for Cash, by Wholesale and Retail, at No 76, Main-street. October 19.
FOR SALE at my Brew-House, Strong, Table, and Ship BEER, by the hogshead, barrel, and half barrel—and a constant supply of bottled PORTER in packages and by the dozen. Wines, Liquors, and Groceries, wholesale and retail. Joseph Hayes. Feb. 18.
We have for SALE on our Wharf, 200 hogsheads MOLASSES, 52 do. do. superior quality Muscovado Sugars, 37 do. do. inferior do. 558 bags Guadalupe Coffee; 10 puncheons Rum, 60,000 wt Jamaica Coffee, in hds. barrels and bags, 10,000 do. Laeuva do. 80 hds. Raisins, 20 cases superior quality Claret, 6000 bushels Itea, 8500 do. St. Ubes, 2500 do. Turks-Island, and 5000 do. coarse Liverpool Salt, 10 pipes old Madeira Wine; 4 do. Country Gin, 50 barrels Rye Whiskey; 50 hds. Philadelphia Porter, 1 new 14 inch Cable 120 fathoms. C. & F. Whittle. July 13.
FOR SALE, On board the British ship John, capt. Gilmer, just arrived from Liverpool, 250 Tons STOVE SALT, loose and in sacks. 50 crates QUEEN'S WARE—By C. & F. Whittle. October 24.
FOR SALE, or will be Bartered for Tobacco, 78 puns. choice Old Demarara RUM, James Young. October 19.
COW POCK. DOCTOR PALFOUR informs those persons who have not had the Small Pox, and who are anxious to avoid being susceptible of it as it is said to exist in the county of Princess Anne about Nott's Island, and there has been a case in Richmond, that he now has several arms with a genuine vaccine pock, fit to inoculate from. He will take a young man as a Student of phy-sick. Nov. 16.
TO BE RENTED, AND POSSESSION GIVEN IMMEDIATELY, Several TENEMENTS in the town of Portsmouth—They will be let at REDUCED PRICES, provided good tenants can be had. Also that desirable little FARM , in the Cottages, near the Town—The House will be in good repair, and the land is rich. William Leigh. Dec. 5.
THE BRICK STORE, Lately occupied by Mrs. Cox, facing the Market. Apply to Messrs. Wood & Hastings, or Robert Taylor, sen'r. Dec. 5.
CAUTION. THE PUBLICK are cautioned against crediting any of the crew of the Ship John, of Liverpool, as I will not be responsible for any debts they may contract. John Gilmer, Master of the Ship John. Nov. 18.
FOR SALE, 3000 bushels Turk's-Island SALT, Now on board the Sloop Julian a, Capt. Stowe. Also, 21,000 feet MAHOGANY, A few puncheons Old Antigua Rum, New do. Molasses, Sugars, Indian Meal in barrels. John Granbery. September 21.
SUGARS. 200 boxes White and Brown Cuba SUGARS, For Sale, by Cocke & Sanford. Dec. 12.
THE Cells appropriated to the reception of Male Patients in the Lunatic Hospital being all full, no more can be received until further notice.—By order of the Court of Directors, William Russell, Clerk. Williamsburg, Nov. 28.
FOR RENT, That delightful little FARM, Belonging to the estate of David Patterson, deceased, situated on Elizabeth River and Tanner's Creek, adjoining the land of the quarantine house, containing about 60 acres, the greatest part of which is cleared and fit for immediate culture; has on it a good comfortable dwelling-house, kitchen, &c. for a small family, a most excellent garden, apple and peach orchard, and its convenience to the best fish, oysters, and Norfolk market, must render it desirable and valuable. For terms apply to D. R. Waddy.
ALSO, FOR RENT, A TRACT OF LAND, Containing about 260 acres, in the county of Princess Anne, adjoining the tract now advertised for sale by Mr. Tully Robinson. This tract is well timbered and well worth the attention of a good farmer, who might in a short time put it in a state of high cultivation. And for Hire, A Valuable BLACKSMITH, With a complete set of Tools. For terms apply, as above, or to Capt. Thomas Calvert, near Kempsville. Dec. 12.
FOR SALE, 10,000 bushels Coarse SALT. Mackinder & White. December 9.
FOR RENT, And possession given the 1st day of January, The HOUSE at present occupied by Mr. Argote, near the Virginia Bank—Apply to Edward Roberts. December 9.
FOR SALE, And a Bargain given, The LOT in the rear of Mr. Nivison's dwelling house, on which are two excellent two story Brick Houses, one of them at present occupied by Mr. Thomas Lawson, and the other vacant. For terms apply to Brunet & Thompson. Dec. 9.
A BARGAIN OFFERED, In a fine and Valuable FARM, in the County of Princess Anne. The Subscriber is disposed to sell his Plantation called LEVEL GREEN, situated in the county of Princess Anne. It contains about 500 acres; and, as it may be advantageously divided into two or three Farms, the subscriber will accommodate a purchaser, in selling either the whole or a part. He will also give a long credit. This tract of Land is certainly the most desirable in the county, lying on the Eastern branch of Elizabeth River, and distant from Norfolk Market only five or six miles by water, and 8 or 9 by land. The soil is excellent, about one half of the tract being cleared land, and fit for immediate culture; the other heavily timbered with Oak, Pine, Ash, and Hickory—It has also the advantage of several good landings—Any one disposed to view the land, and to purchase, may apply, in the absence of the subscriber, to JAMES ROBINSON, or JOHN READ, who reside in the neighbourhood. Tully Robinson. Dec. 7.
To BURWELL WILKS, Esq. Brunswick County. Sir, HAVING seen a challenge directed by you to Gen. Ridgely of Maryland, wherein you except no horse which he might name—I will run my Colt Sir Solomon by Tickle Toby, against your celebrated Horse Potomac by Diomed, or any other horse in the United States of America, four mile heats, agreeable to the New-Market rules, over the NEW Course at Norfolk, on the first Tuesday in June, 1809, for the sum of Five Thousand Dollars, or any other amount which you may choose to name. I will also bind myself to procure you good Stables and Litter, and pay all reasonable expenses. Calcb Boush. Princess-Anne, Dec. 5, 1808.
P. S. I shall expect to hear from you through the same medium, on or before the first day of February next. C. B.
FOR SALE, The CARGO of the British brig Euphemia, from Liverpool, 210 ton Stowed SALT. Robert Dickson. Dec. 5.
TO BE RENTED, And possession given the 1st of January, The HOUSE and LOT on Catharine Street, occupied by Mr. Francis S. Taylor, adjoining Mr. John Taylor's. ALSO, The Fire Proof WAREHOUSE on Maxwell's wharf, now in the occupancy of Mr. John Mawgaw, to which is attached a valuable privilege with respect to wharfage. Apply to John Nivison. Nov. 18.
FOR SALE, or will be Bartered, in part for Tobacco, Flour, or Naval Stores, 150,000 wt. Muscovado SUGAR, 200 hds. MOLASSES, 500 sacks Liverpool SALT, 5000 bushels Cadiz SALT, superior quality, 25 crates QUEEN'S WARE. James Young. October 21.
NOTICE. All persons indebted to the estate of David Patterson, deceased, are desired to make immediate payment; and those having claims to render them properly attested, to D. R. WADDEY, Adm'r. Nov. 16.
NORFOLK: PUBLISHED THREE TIMES A-WEEK, BY WILLIAM DAVIS, FOR THE PROPRIETOR, Opposite the Exchange Coffee-House. Price Six Dollars Yearly, in advance.
NOTES OF HAND, According to the new form established by the Directors of the Office of Discount and Deposit of the Bank of the United States, for sale at this office.