Berkeley and Jefferson intelligencer (Martinsburg, Va.), 1807-12-11 00:00:00

Berkeley and Jefferson Intelligencer.
[No. 29 OF VOLUME IX.]
FRIDAY, December 11, 1807.
[WHOLE NO. 445.]
Tuesday, November 10. Debate on the Bill, making further appropriation for the support of the Navy, during the year 1807.
[CONTINUED.]
Mr. Thomas wished the chairman to state the question before the house, that gentlemen might see how far they wandered from it.
The chairman stated the question to be on the rising of the committee in order to report the bill.
Mr. Newton said, he rose merely to state to the committee a matter of fact; and when he had stated that fact, he thought he would be justified in the inference he should draw from it. Considerable preparations had been made in the part of the country which he had the honour to represent in consequence of the outrage which had been committed. He knew it to be a fact that citizens of that district had furnished articles for the service of the United States, and rendered important services, and that they were now anxiously waiting for the passage of this law, that they might receive the monies which would become due to them under its sanction. This being the fact in his district, he had no doubt the same fact existed in other parts of the United States. He did not know that the executive of the United States had purchased or paid a cent for salt-petre; but as the United States were indebted to citizens in his district, the probability was that they were indebted in other parts of the union.
Mr. G. W. Campbell said, he would make but a few additional remarks on this subject; the committee of ways and means had conceived they had done their duty by taking the only means in their power to acquire information. He was surprised that there could be a division of sentiment among the members of the house with regard to the manner of making this appropriation. He declared that he still held the same principles he had always maintained, so far as respected specific appropriations; but a case might happen in which they might be dispensed with as cases of exigency required extraordinary remedies. After making some remarks on what had been said respecting heretical doctrines and deviations from republican principles, he assured the gentleman on his right (Mr. Randolph) that he was the last whose political principles he should follow. The gentleman from Connecticut had said the house were called upon to make appropriations, but had not been specifically informed what expenditures they were to cover. The objects of the appropriations had been detailed to the house by the letter from the secretary of the navy, and by members on the floor. It did not appear to be the desire of the gentleman to know for what particulars the expenditures had been made, but whether they were actually paid for or not; this he must say, appeared to him perfectly immaterial, and that if the occasion was sufficient to justify the expenses incurred, the appropriation was proper and ought to be made. He thought the taking money from an appropriation to one object, and applying it to another, might be admitted in such an emergency which might also warrant the executive in incurring expenses not authorized by law.
Mr. Randolph observed, that he understood the gentleman from Tennessee to say, that he should not apply to him for instruction for political principles. He would assure the gentleman he was one of the last persons he should wish to instruct; and when he wanted pupils, he should not solicit him to become one. Mr. R. said he had been involved in this debate prematurely. He had heard the order of the day stated from the chair, and no person called it up. He then walked out of the house in search of a book; from the extraordinary echo of this large room, there being great difficulty in hearing and being heard, when he returned he had not distinctly understood the question.
He wished to be understood as giving his vote upon the same ground with his friend and colleague who had just sat down. The expense having been incurred by the patriotism of our citizens, it would be an indelible disgrace not to discharge it. But in doing this he did not mean to commit himself as voting
for a navy, or the expenses arising out of a navy, except in a case such as the present, where a debt had been actually incurred.
The gentleman from Pennsylvania had agreed with him perfectly in professions; he had therefore nothing more to do than to ask him, as he had heretofore done, to act with him. This gentleman, as indeed, every other gentleman had taken a wide range on this question. In the first place, the expenses were not authorized by law; an inquiry had been made why these were incurred without authority, and a reason assigned that there was a great crisis, an insult had been received which every man must feel—in short, the circumstances were such that the legislature ought to have been convened. The gentleman from Pennsylvania had urged as a reason for their not being convened, that our health might be endangered by coming here so early in the season. He wished his old friend from Pennsylvania, he hoped he might be permitted to call him so, would convey them to a place where they might be convened without danger. Another reason was, that they would have been convened at a time when they would have felt a deep and particular sense of national indignity. Mr. R. said he thought they ought to have been summoned then, and not to have suffered this impression to be weakened. There was a time when that gentleman & some other gentlemen, in discussing a subject which they called British aggressions, were as warm as he was disposed to be temperate; now that gentleman was as temperate as he was warm. Which had the better reason? He deemed it to be the interest of this nation to preserve peace with all mankind; to hold the balance of humanity with a steady hand. He had before deemed it the interest of the country to be at peace with Great Britain for reasons which he had before urged on that floor, and which he would not state again, but now, tempora mutantur . The nation had received a blow. The President had been insulted in his palace by the minister of one foreign power and now had received a blow on his cheek from the navy of another.
Mr. Smith said that he was perhaps more temperate than his friend from Virginia; but he hoped when that gentleman arrived to his period of life, he would be equally temperate with him. Yet he did possess a temper, and could display it when our violated rights were the subject. Mr. S. then alluded to an ancient nation who were wont to discuss great national questions twice, once when they were drunk, that they might not want spirit, and once when they were sober, that they might not be deficient in prudence. And he did believe, however others thought, prudence required a temperate course, and that they ought not to have been under the immediate influence of passion when they took their seats on this occasion.
The question was now taken on the rising of the committee, and carried. The amendments, agreed to in committee, were all agreed to without a division, excepting that making an appropriation for timber, on which the House divided—ayes 103; when the bill was ordered to a 3d reading to-morrow.
Wednesday, Nov. 11.
The question being on the final passage of the bill and the yeas and nays on the passage being called for.
Mr. F. Montgomery said that as the yeas and nays had been required he should exercise the right of assigning reasons for the vote he was about to give. This bill provided for extraordinary expenses incurred in the navy department since the 22d June last. These extraordinary expenses had resulted from the cowardly attack committed by the Leopard on the Chesapeake. This act, marked with such daring and atrocious circumstances, had excited the detestation of every American; one sentiment on this subject pervaded the union. The president of the United States had adopted firm, energetic and dignified measures on the occasion; amongst others, those which had occasioned the expenses for which this bill provides. He had heard no complaint that the conduct of the executive was defective either in prudence or energy. He was authorized, and he exercised the authority vested in him by
law, to call out the marine corps to its full complement. He had exercised the authority given to him by the act of 1806, in preparing the gun-boats for service, the sense of the nation and the exigency of the times called upon him to do so. Other expenses incident to calling out the marine corps and manning gun-boats, were comprised under the different articles of clothing, &c. These extraordinary expenses the president was authorized to incur; the state of the country justified him in exercising that authority, and Mr. M. was of opinion that the honour of the nation called upon the house to make the appropriation. Then as to these extraordinary expenses which had been incurred, there could be no difficulty; their honour was at stake for the payment. There was another item which he presumed would meet with as little difficulty as any other; he was instructed to say, as a member of the committee of ways and means that the provisions specified in the bill were used by the militia called out for the protection of the port most in danger.—Was there any member in the house who would hesitate to make an appropriation of 31,000 dollars for that purpose.
At this important juncture, when our country was in danger, the executive had examined the state of the several departments; in the war department there were sufficient supplies of military stores; in the navy department there were none except a few pounds of powder. At this alarming crisis, the country being threatened with war, the people looked up to the president for energetic conduct, he did not hesitate to make expenditures to supply these necessaries for the department. Of the navy department there was more required than of the war department, because the outrage had been committed on the ocean. What more prudent, more correct conduct than that of the president could be wished, or what more could the people expect, than that he should have made these necessary provisions of ordnance and military stores, and timber for gun-boats? The president had judged it expedient to make preparation; and the state of affairs had called for a warlike attitude; for, said Mr. M. we have learnt from our departed Washington, that to command peace we must be prepared for war; the president had acted upon this principle, which the house would no doubt approve. There was no law at that time, nor had any law yet been passed, to authorize the purchase of these articles; but the president of the United States, when his country was in danger, hesitated not to take upon himself the credit and proper responsibility. Upon these items what was the language of the president of the United States, contained in the message delivered to us? Strong and forcible, and clearly showing the necessity for incurring these expenses; "The moment our peace was threatened, I deemed it indispensable to secure a greater provision of those articles of military stores, with which our magazines were not sufficiently furnished. To have awaited a previous and special sanction by law, would have lost occasions which might not be retrieved. I did not hesitate therefore to authorize engagements for such supplements to our existing stock as would render it adequate to the emergencies threatening us; and I trust that the legislature feeling the same anxiety for the safety of our country so materially advanced by this precaution, will approve when done, what they would have seen so important to be done, if then assembled."
Mr. M. hoped his trust was well founded; that the Legislature, feeling the same anxiety for the public safety so materially promoted by this precaution, would declare that this was what they would have done had they been in session. He asked, had the President of the United States passed over this great emergency, and failed to make these preparations, ought he not to have been censured for a neglect of duty? As these articles therefore had been purchased because the interest and safety of the country required them, and the expenses had been incurred for the public safety, the house could not hesitate to give their sanction to the appropriation.
If it had been asked by a gentleman from Massachusetts, whether these ar-
ticles were actually paid for; if paid for, out of what monies had the payment been made. As a member of the committee of ways and means, he could declare that not one cent had been actually paid. The president had said, that he had authorized engagements for these articles: the government was pledged for them; and the house were as strongly called on by faith and honor to make appropriation for them as they were bound to do in the case of the marine corps.
Mr. M. said it had been asked by another gentleman, perhaps from Connecticut, whether the timber mentioned was for general naval purposes, or gun-boats only? At this important crisis, when hostilities were menaced, it had been thought prudent to lay up a stock of timber for building gun-boats and it was accordingly done; but in laying it up, it had been contracted for, and prepared in such a manner as to answer any naval purposes. If our differences should be amicably settled, and it was not required that gun-boats should be erected, the materials would still be on hand for the use of any naval purpose.
It had been stated, he believed by a gentleman from Virginia, that appropriations had been anticipated; that this was not the language held by the President of the U. S. or these the principles defended by him in his first communication made to Congress in 1801: Mr. M. said, he admired the principle laid down by the gentleman; appropriations should never be anticipated but in extreme cases. The principle was in general correct; but he would ask the gentleman from Virginia, who had taken this ground yesterday, if a case could not occur in which it might be departed from? He would ask any gentleman need there exist a stronger case than the present to justify such a departure? He believed not.
They had been told by a gentleman from Connecticut, that in the manner in which they were now acting, in making appropriations, they were justifying the measure upon arguments resorted to by the former administration. God forbid, said he, that we should take any of the principles of the former administration for our rule of conduct. The present measure stood on firm ground; the exigencies of the times had justified the anticipation, and not the example of the former administration.
They had been told by a gentleman yesterday, that our navy had been disgraced by this outrage. True, if the officer of the degraded vessel instead of a verbal answer from the mouth of his trumpeter, had sent a metal one from the mouth of his cannon, the honour of the navy of the U. S. would have been preserved. That officer and his conduct were now under investigation; but from the courage, character, and patriotism of the officers of our navy the country might be assured, that if occasion offered, they would retrieve its reputation.
It had been said that the government had received two marked insults from foreign powers; he presumed one case alluded to was that of the Spanish minister; if he was wrong in this idea, he wished to be corrected. This minister began to show his Spanish airs to our homespun government; he was informed that a demand would be made for his recall. If it should be thought that I am incorrect in this, said Mr. M. resort to the department of state, where the facts may be obtained. What was the conduct of this ex-minister? Did he dare to persist in his insolence? No; he meanly solicited our government not to write on or represent his conduct to the Spanish government. Our government granted his solicitations; if they got rid of him, it was immaterial in what manner. After he had thus obtained his point, what was his conduct? He came within the city of Washington, contrary to the understanding which had taken place. Did the government then put up with his behaviour? He received, on the contrary, an intimation that his company could be dispensed with. In the course of a few days he slunk off to Philadelphia. Under such circumstances, he presumed no American would feel the dignity of the nation injured in this case.
In the other case, it had been said we
Mr. Nichols

had received a blow, and a blow only? No murder had been committed. The reeking blood of our fellow citizens and the insulted dignity of the nation called for satisfactory retribution, or speedy retaliation. If retribution, is refused, then the constitution did not vest the power in the president of the United States to resent the injury; it did vest it in the congress of the United States. If such a crisis should take place, they would meet it with energy and firmness, and use every exertion to efface the insult.
The present measure now under consideration, said Mr. M. is the first defensive measure presented for our determination. If we give this measure a quibbling, quarking, or reluctant affirmation, the people will be disappointed in their hopes. I have no apprehension that we shall do so; I believe the contrary. I have no doubt but that the patriotic characters here called together on the exigency of the moment, and to whom is intrusted the honour of the nation, will realize all the wishes of the people.
Mr. M. concluded by saying, that, feeling conscious of the rectitude of his intentions, as far as his feeble abilities would permit, he had discharged his duty to his constituents, and to himself. Mr. Randolph hoped the time would come—and that very soon—when we should have an opportunity of going into a regular discussion of the points touched upon by the gentleman from Maryland, and of some others. He trusted that, in the first place, the question would be regularly brought before the House—and the late experiment had thrown considerable light upon the subject—whether the United States ought to maintain a navy, and to what extent? Whether an establishment which for years had proved a moth in the public purse, and which, when the exigency of the moment called for its last exertions, had proved only a conductor of dishonor to the nation, deserved to be cherished with the tenderness and supported at the expense, which had hitherto been lavished upon it. He hoped this question would be fairly decided—for strange as it might appear, this great point had never been directly settled, since the present administration came into office, but had heretofore been determined in an oblique, collateral way. He hoped too the question would be discussed how far the present state of our political relations abroad, had grown out of the proceedings of the memorable session of 1805—6, and how far (perhaps this might prove the only opportunity for such a discussion) the measures taken by the executive upon the capture of the Chesapeake comported with the wishes and expectations of the people, and with the maxims of a sound, dignified and enlightened policy.
The gentleman from Maryland, who had just sat down, allowed that the position contended for yesterday in opposition to the practice of contracting public debts or expending public money illegally, were in the general good, but seemed to consider them liable to many and great exceptions. On this subject he would produce an authority which would shew what had been the opinion of the republican party, when they were out of power, and how far it supported the doctrine which gentlemen had now undertaken to defend. Here Mr. Randolph quoted Gallatin on the Finances of the United States, page 81. "Another irregularity has once taken place upon an extraordinary occasion. Altho' the President of the U. S. was authorised to call out the militia to suppress insurrections, no monies were appropriated for that service. When the western insurrection took place, until Congress had covered the expenditures of the expedition by an appropriation made only on the 31st of Dec. 1794, the expenses were defrayed out of the monies appropriated for the military establishment. Yet even the principle, by which the specific appropriations for the several objects of the military establishment have been considered as a general grant for the whole, could not authorise the application of a part of that grant to the expenses of that expedition. No further discretion had been claimed by virtue of that principle than that of indistinctly applying the whole sum appropriated by law to any of the objects enumerated and specified under distinct heads in the law itself. But, as the militia called out to suppress an insurrection make no part of the military establishment, the expenses attending such a call were not among the various objects enumerated in the law making appropriations for the military establishment. The monies drawn from the treasury on that occasion were paid
out of a fund appropriated for other and distinct purposes; they were not drawn agreeably to the Constitution, in consequence of any appropriation made by law. It might be a defect in the law, authorising the expense, not to have provided the means; but that defect should have been remedied by the only competent authority, by convening Congress. The necessity of the measure, may, in the mind of the executive have superceded every other consideration. The popularity of the transaction" (and, he might have added of the agent) "may have thrown a veil over its illegality, but it should by no means be drawn hereafter into precedent."
Mr. Randolph believed that the opinion which he had just read would bear him fully out in the principles which he had laid down yesterday as those on which the old whig or republican minority in Congress had acted, on which they had specifically as well as virtually pledged themselves to the nation to continue to act, and which when they deserted they deserved the reprobation of every honest mind. Can any man pretend to say that the western insurrection, in the very infancy of this government, presented a case of less public exigency than the capture of the Chesapeake? And yet the then President of the U. S. for having illegally defrayed the expense of that expedition, instead of convoking the legislature and acting under its authority, had deservedly received the censure—not of the multitude, for they were with him—but of the thinking few. He was condemned by the reflecting part of the community, and the system on which he acted, and which his successor had subsequently pushed to the most extravagant lengths, was finally arrested by the public voice.
In a preceding part of his work (p. 79) the Secretary passes some deserved strictures on the practice of mingling appropriations. "The appropriations heretofore made for the military establishment have been subdivided into a number of separate heads making specific and distinct appropriations for the pay of the army, for its subsistence, for clothing, &c. and it was supposed that the monies thus distinctly appropriated were respectively applied to the specific objects, for which they were appropriated. It however appears by a letter from the Secretary of the Treasury of May 1796, that by far the greatest part of the expenditures for the military department are found by experience to be unsusceptible of that particular distribution which is observed in the issues of monies appropriated to other objects; and this appropriation for military purposes ought to be considered as a general grant of such sums as the public service is found to require, to be issued according to exigencies, & applied & accounted for pursuant to law." The House will recollect that at this time we had not that other department which has since proved yet more unsusceptible of any economical regulation, or legal control. The Secretary of the treasury goes on to say "It would seem that, if those appropriations are considered by the treasury department, as general, of which grants, to be issued according to exigencies that or some other executive department is to judge; and if, therefore, the monies specifically appropriated to one head of service are applied to another head, they are not applied and accounted for pursuant to law. Such a mode is undoubtedly liable to great abuses: it deceives the legislature who, when appropriating one hundred thousand dollars for the defensive protection of the frontiers, did not think that the treasury would assume a power to apply them to the quarter master or any other department. It deprives the legislature from any control, not only over the distribution of the monies amongst the several heads of service, but even over the total sum to be expended. For the million and a half of dollars, appropriated for the annual support of six thousand men, the nominal establishment, may be spent in the same time, and in fact has actually been expended within 14 months for the 3,500 men who constituted the effective establishment. The same abuse has, for a considerable time, prevailed in England, where it has, at several periods, been taken notice of, and did lately produce a motion of impeachment against the ministers."
"On the other hand it is impossible, for the legislature to foresee, in all its details, the necessary application of monies; and a reasonable discretion should be allowed to the proper executive department. The most proper way would perhaps be, not to enter into so many details, not to make specific appropriations for every distinct head of service,
but to divide the general appropriations under a few general heads only, allowing thereby a sufficient latitude to the executive officers of government, but confining them strictly to the expenditure under each of those general heads, to the sum appropriated by law."
The two cases noticed by Mr. Gallatin, were the mingling or lumping of appropriations, and the expenditure of money on objects authorised by law, but for which there was no appropriation.—The present case not only embraced those two, but another, and much stronger case than any which Mr. Gallatin had imagined;—the expenditure of money not only without an appropriation, but upon objects not previously authorised by law.
But Mr. Randolph said it was asserted that the articles were not paid for—that contracts only had been made for them. So much the worse. In point of principle there was no difference between contracting an illegal disbursement of money. But in point of economy, there was a great difference against the former. If these articles had been bought with cash, they would have cost less.—Merchants all over the world looked for profit. Would they deliver upon contract, to be paid some months hence, provided Congress approved, their Saltpetre, for instance, at a cash price—at a time too of eminent danger of war, and when every article of military equipment must be expected to rise enormously in value. He could not see in such a procedure (granting the fact to be so, of which he doubted) a theme for eulogy on the economy of men in office, or any mark of promptitude to provide for the public defence, which could be done effectually by the legislature alone.
He put it to the candor of a gentleman from Maryland, to say whether, if the President had pursued a different course, had met the public expectation and convened Congress, he could not have found in the respect shown by the Executive for the laws and the constitutional rights of that house, by a prompt recurrence to the only source of legitimate authority, a more ready and natural defence of his conduct than that which he had laboriously but fruitlessly taxed his ingenuity to produce. The gentleman's argument proved too much.—The more he magnified the danger of the crisis to justify an illegal and unconstitutional expenditure of the public money, the more clearly did he demonstrate the necessity of convening Congress. But, Sir, when the call for an immediate preparation to meet the emergency of the times, is diuin'd into our ears, will any man pretend to say that such preparations has been made—that we are now prepared for war? Could any gentleman bring himself to believe, that a few pounds of Saltpetre had put the nation in a posture of defence—or that we had any other preparation than that which stout and willing hearts afforded? The measures which had been taken were, as respected a violation of the constitution and laws, certainly efficient, but in relation to defence, next to nothing. We were nearly in the same state of preparation as two years ago, when the non-importation law, that panacea of political empiricism, came into vogue.—So late as the last session of Congress, the house had been told by a gentleman from Massachusetts, not now in his place, that this law had already done wonders—that until it had passed, Great Britain would not listen to any proposition from our ministers, but no sooner was it enacted than her ears were opened, and a disposition manifested to grant our demands. But a regular course of this nostrum had ended, as all quackery was sure to do, in an aggravation of the disease. The gentleman from Maryland had said something which he could not distinctly hear, concerning the Spanish minister. He hoped the gentleman did not consider him as an apologist of Spain or her minister. He had warned the house two years ago of the consequence of truckling to Spain, of the inevitable effect of such mean submissions on the conduct of other nations towards us. What then was prophecy is now history.
A fear had been expressed that if a reluctant assent were given to this bill we should disappoint the hopes of the people. Mr. R. said he did give a reluctant assent. Because it was a measure of defence? No, because it was a half measure, a mere make believe, a tub to the political whale, something like the famous act for raising volunteers which had generated such confusion in our militia system, that in fact it could not be executed—because more especially the expense had been illegally incurred. But he would be the last to give a reluctant assent to vigorous and efficient
measures originated in a constitutional way, which might be deemed essential to the national defence or to the vindication of the national honor. If instead of waiting the slow return of the Revenge, congress had been assembled immediately on the attack of the Chesapeake, to provide for the common defence, he would have given his warmest assent to any measure that could have been devised for retrieving the national honor. For if any thing was worth going to war for it was a nation's honor, since it is inseparable from a nation's safety.
[Debate to be continued.]
CONGRESS. HOUSE OF REPRESENTATIVES.
December 4.
A message was received from the Senate, by Mr. Otis, their Secretary, informing the House that they had passed a bill making an appropriation for the more effectual defence of the ports and harbors of the U. S.
Dec. 5.
The bill from the Senate, making an appropriation for the more effectual defence of the ports and harbors of the U. S. was read twice and referred to the same committee of the whole to whom was referred the bill for fortifying our ports and harbors and building gun-boats.
FOREIGN NEWS.
LONDON, October 2.
Master Rose proceeds on a special mission to the United States. We have no doubt that he is a man of much promise, from the importance of the mission assigned to him. Some, however, are inclined to think that he springs from too bad a root ever to expand into a flower of real merit.
Letters from Copenhagen state, that 7 of the first mercantile houses in that city had stopped payment.
It was reported yesterday, that our troops in Sicily had evacuated that island, and gone to Malta and Egypt.
Several private letters received from Lisbon, by the Albion, mention the probability of an insurrection among the populace, if the prince regent should persist in his determination in shipping himself and his treasures for the Brazils.—This we think extremely likely to happen; not that we imagine the Portuguese would much care what would become of their prince; but we think they must be roused when they see the treasure about being conveyed away.
We are astonished that our wise ministers in their anxiety to save every thing from the grasp of Buonaparte, should have overlooked the old silver and other valuables with which the Convents and Churches of Lisbon abound—the same reasons may be urged for seizing them which have been for seizing on the Danish fleet, &c. viz. the probability of their falling into the hands of the French Emperor. With respect to the honor of the thing, we do not think those who have ordered the Danes to be pillaged of a quantity of old iron and fire wood, would blush at it.
We are sorry to learn that it is a prevailing opinion, with persons who have access to the best information from Russia, that the ascendancy of French politics in the government of that country can no longer be doubted. It is even reported by an American vessel arrived in 15 days from St. Petersburg, that an embargo has been laid on all British ships in the Russian dominions. For the truth of intelligence coming through such a channel, we would by no means pledge ourselves; but it received considerable credit this morning on change.
Austria, it is probable, will not long remain mistress of the provinces contiguous to the Adriatic. The possessions of Istria, if not of Carnioli also, is necessary to the views of France, and if required by her at present must be surrendered. Some arrangement of this nature is suggested in a demi-official paper.—The paragraph states "That the dominions of the Emperor of Austria are about to undergo a change, that they are to be narrowed to the east, and widened to the west." The French, indeed, appear to exercise all the right incidental to complete occupation already; they have caused the ports of Trieste, and Fiume to be shut against us.
Prince Korakin, who concluded and signed the treaty of Tilsit, has been raised to the rank of a field marshal.
A vessel arrived at Luvnerstadt from Cronstadt, the master of which relates, that before he left that place, the Empe-

for Alexander had three times visited Cronstadt, for the purpose of viewing the experiments made on a vessel at some small distance, by the fire from the fortifications, that, should a British fleet appear, the inhabitants might learn how far the port of Cronstadt could afford protection. The Russians were highly elated with the success of these experiments, but expressed themselves very unwilling to go to war with England; the merchants in particular openly declared their determination to oppose it by every means in their power.
NEW-YORK, November 25.
Neutral Rights. —In our file of London papers just received, we perceive a Proclamation of the King of Prussia, which he had issued in consequence of a stipulation with Napoleon at the late Treaty of Tilsit. This Proclamation subjects to confiscation the innocent goods of neutrals, in neutral bottoms, which may arrive in the Prussian dominions, in a fair course of trade, if only they have voluntarily touched at an English port, or been driven in by stress of weather, or forcibly captured and carried in; in short "under any circumstances or any pretences whatever." Had Prussia chosen to make an internal regulation that she would no longer trade with England, it was competent for her so to do, and restraining herself, she might restrain others from enjoying the same trade. Of this, though we might feel it as an inconvenience, we should not complain of it as an infringement of strict right; but that she should condemn the property of neutrals to confiscation , and the persons of individuals to "severe criminal punishment" for an involuntary act, in which they no way participate, and for which they cannot possibly by any rule of morality be accountable, is a stretch of injustice and iniquity that contravenes every law of God and man.
All the letters from New Orleans, received at the post office yesterday, by mail were opened!—What does this mean?
New-York, Dec. 4.
By the ship Calypso , Capt. Burke, who arrived at this port last night from Bordeaux, we have been favored with Paris papers to the 10th Oct. but do not find that they contain any interesting intelligence.
Capt. B. informs, that on the 22d Oct. in lat. 46, long. 7, he was boarded by the British frigate La Revolutionnaire , then in company with the Pomona frigate, who having hoisted several signals; the officer of the La Revolutionnaire , informed Capt. B. that the telegraphs of the frigate, intimated the capture of 10 sail of the line of the Russian fleet, off the Dardanelles.
A letter is said to have been received in this city from London, dated Oct. 17, informing that Denmark had concluded with France an alliance offensive and defensive against Great Britain.
London, Oct. 16.
The appointment of Mr. G. H. Rose, who kissed hands yesterday, is not to succeed Mr. Erskine as minister to the U. States. It does not interfere with that gentleman's ministry. Mr. Rose is going on a special mission.
Cowes, Oct. 16.
Mr. Muroa, surgeon of the Chesapeake, arrived here yesterday morning express from London, and immediately proceeded on board the Revenge , an American schooner, Capt. Reeves, which vessel has been lying here some time, waiting his return. The Revenge sailed this morning on her return to America.
HUNTINGDON, (Penn.) Nov. 19.
Dark Day. —Thursday last, was the most remarkable Dark Day, that has ever been witnessed by the citizens of this place.—The darkness occasioned by the Eclipse of the Sun, in June 1806, was nothing in comparison to that of Thursday. The court, which was then sitting—tavern keepers, and many private families, were obliged to light candles at eleven o'clock in the forenoon, and keep them burning for nearly 2 hours: the fowls went to roost, and every thing had completely the appearance of night. Indeed, it was the opinion of some, that the court ought to have suspended "the business of the country," as there was every appearance of a sudden termination of earthly affairs, and that they, as well as all others, would soon have to appear before a higher tribunal. The morning had been foggy
and the atmosphere extremely cloudy, but whether that could have occasioned the total darkness at noon, we cannot pretend to say.
BALTIMORE, December 1.
We are authorised to say, that the secretary of state has received a letter from Mr. Patterson consul at Nants, stating that a merchant of that city had just received information from high authority at Paris, that count Tottstoy had arrived and had offered the mediation of Russia to effect a peace between France and Great Britain; that it was believed that such an offer would not have been made unless the emperor Alexander had previously known, that it would be well received by both parties; and further, that Russia was determined against every act of hostility with Great Britain. It was believed at Paris, that Lord St. Helens was already appointed by the government, to proceed to that city.
ALEXANDRIA, December 8.
IMPORTANT.
In addition to the information, in the London papers, received by the Leopard , arrived at N. York, and published in this days Register, we have the pleasure to assure our readers that we have perused private letters of as late date as the 17th of October, from respectable houses in London to their correspondents in this city, which state that there were the strongest reasons for believing in an amicable adjustment of our differences with G. Britain—that the mission of Mr. Rose as envoy extraordinary to the U. S. was expressly made to effect this desirable purpose—that the appointment of sir John Borlase Warren, who is considered one of their best admirals, and an accomplished gentleman to succeed admiral Berkeley on the American station is made from the same conciliatory motives—and that it was understood the blockade of their enemies ports would not (as had been some time ago supposed) be rigorously enforced—and under this impression these letters advise a continuance of shipments—On the 17th of October advice had reached London, that a treaty offensive and defensive had been concluded between France & Denmark, and all hopes of a reconciliation with the latter power were at an end.
Combining these advices with opinions recently expressed from the highest authority at Washington, we are led to the pleasing conclusion that the governments of the U. States and G. Britain will prefer the peace and prosperity of their respective countries to war or desolation—the statement of the ARMOUR purport of Mr. Canning's note as given in the National Intelligencer, and published in this day's Register, to the contrary notwithstanding.
Extract of a letter from a respectable merchant in Edinburg, to his correspondent in New-York.
"What will be the event of a negotiation between your country and this, I cannot say: our landed gentlemen are not averse to war, as the Americans pour in too much wheat and flour, the great body of the farmers are of the same mind neither will it much affect our poor manufacturers as the number of men taken away to be soldiers and sailors, keep wages very high and our home consumption and internal trade, though it might have had a considerable effect on our manufactures if you had prohibited our goods twelve months ago, it will have little effect on our laboring poor now, as the state employs all for volunteers, soldiers and sailors."
NORFOLK, Dec. 6.
We are told that on Sunday Morning a British 74 and two frigates anchored in Lynnhaven Bay; that officers every day since then landed from them near the Pleasure-House; that an inhabitant in the neighbourhood of the Pleasure-House, (whose name we do not, at present wish to mention) has had the temerity of supplying them with some necessaries; intimation of which has been given to Brig. gen. Matthews.
DAVID LENOX, Esq. is chosen President of the Bank of the United States, vice Mr. WILLING, resigned.
The comet is now scarcely visible. It is rapidly receding from the sun, on its journey into regions beyond the ken of the human optics. It was seen in England about the same time discerned here.
[Bost. Cent.]
MARTINSBURG, December 11.
Married, on the 8th instant, by the Rev. Mr. Wilmer, Mr. James Reed to Miss Christena Runner.
We learn that our government received no letters from Mr. Munroe by the British Packet lately arrived. It was before known that on the 7th of September, Mr. Munroe addressed a note to Mr. Canning, in consequence of his instructions by the Revenge , complaining of the aggression on the Chesapeake, calling on that government for reparation of the wrong, and for a final discussion and understanding on their claim to take whomsoever they chuse to call their seamen, wherever found; and assuring him at the same time that he was authorised to concur in arrangements liberally calculated to take away all ground for that practice—It is now rumoured that the answer was,
That, by the President's Proclamation, we had taken the business of satisfaction for the aggression on the Chesapeake, so far into our own hands; that still however the British government was ready to enter into a discussion of that act if it could be done separately, leaving their general claim to future negotiation; but as Mr. Munroe considered himself unauthorised to settle this act separately, that government would enter with him into no explanations concerning it, but would send a minister to this place for special purpose.
[National Intelligencer.]
Dispatches have, we understand, been received from Mr. Munroe, dated October 10.
[Ibid.]
The Leopard , Capt. Jordan, arrived at New-York from Liverpool, brings papers of that place to the 19th, and London papers to the 18th of October.
Mr. Rose, formerly private Secretary to Mr. Pitt, has been appointed special envoy to this country, and had, says the Courier of the 15th, taken leave of the king previous to his departure.
Mr. Munroe left London on the 14th Oct. for Cowes, to embark on board the Augusta for the U. States.
Admiral Sir John Borlase Warren, is appointed to succeed Admiral Berkeley on the American station.
The Courier of the 17th of Oct. says, "A proclamation will, it is reported, appear in this night's Gazette : requiring all the sailors of the United Kingdom of Great Britain and Ireland, in the employ of any foreign power, to leave the same, and return to G. Britain and Ireland, under pain of being considered, in the event of their refusal, deserters, and to be treated as such, after a limited time."
The news, given from Portugal, is various and even contradictory. It appears certain that the ministers of France and Spain had withdrawn from Lisbon. But an official intimation of this had been published at Lisbon, connected with a declaration of the hope that this event would not be followed by hostilities. Other accounts say that the Portuguese government were on the eve of departing for the Brazils—others that the French were about to invade the country; and others that the ports of Portugal had been actually shut against the English.
The English mission to the Ottoman Porte had entirely failed, and the Emperor of Morocco had determined, it is said, to withhold all supplies from Gibraltar.
The temper of the Russian court is represented as extremely hostile to G. Britain, and it was reported that an embargo had been actually laid in the Russian ports on all English vessels.
A report was current at Cronstadt on the 27th of Sept. that Lord Collingwood had received orders to possess himself of the Russian fleet in the Mediterranean.
The Senate of the United States, on Friday last, on John Smith, of Ohio, presenting himself for the purpose of taking his seat, after some debate, adopted the following resolution:
Resolved , That a committee be appointed to enquire whether it be compatible with the honor and privileges of this House, that John Smith, a Senator from the state of Ohio, against whom bills of indictment were found at the Circuit Court of Virginia, held at Richmond in August last, for treason and misdemeanor, should be permitted any longer to have a seat therein, and that the committee do enquire into all the facts regarding the conduct of Mr. Smith.
as an alleged associate of Aaron Burr, and report the same to the Senate.
WILL be sold at Public Auction , on Wednesday the 23d instant, at the plantation of Capt. Benjamin Strother, deceased, the personal estate of the said deceased, consisting of Horses, Cattle, Sheep and Hogs, a quantity of Corn and Rye, Grain in the ground, Farming Utensils, Waggon and Gears, Cart and a pair of Oxen, a set of Blacksmith's tools, a good Family Chariot with harness, and a variety of Household and Kitchen Furniture, too numerous to particularize. A credit of twelve months will be given, the purchaser giving bond with approved security.
THOMAS GRIGGS, } Adm's. JOSEPH CRANE, } Jefferson County, Dec. 11, 1807.
Pork wanted.
THE subscribers will give a generous price, for a large quantity of
Heavy Fat PORK,
in Cash, or Goods, if preferred. JAMES & JOHN LANE. Shepherd's Town, Dec. 11, 1807.
STRAYED from the subscriber's plantation, some time last spring, a brown FILLY, three years old, with a star in her forehead—it is not recollected whether either of her feet were white or not, had no brand; she was seen in June, near the Swan-Pond, in company with an iron gray stud colt. Any person who will return her, shall be compensated for trouble and expenses.
DAVID HUNTER.
December 11, 1807.
Negroes to hire.
FOR hire, to the highest bidder, on the first day of January next, for one year, at my dwelling house, sundry SLAVES, belonging to the estate of James Strode, deceased, consisting of Men, Women and Children. Bonds with approved security will be required, and further terms made known by HENRY BEDINGER, } Ex'rs. ABRAHAM SHEPHERD, } Berkeley County, Dec. 11, 1807.
Land for Rent.
THE subscriber will rent for the ensuing year, or a longer term, that tract of Land lying near Martinsburg, which was conveyed to Col. Moses Hunter, deceased, by the Executors of Gen. Adam Stephen, with the exception of the Mill and Meadow adjoining it. As the Land is well known, it is believed unnecessary to describe either its quality or situation.
HENRY St. G. TUCKER.
I shall also want on the first of April for the ensuing year, an
OVERSEER,
who can come well recommended for industry and capacity for his business. To such an one liberal wages will be given.
In the absence of the subscriber Mrs. Ann Hunter will be so obliging as to act for him.
HENRY St. G. TUCKER.
December 11, 1807.
Darkersville Fulling Mill
Is now in complete order, and furnish- ed with every necessary article for dressing CLOTH, in the neatest man- ner, and for Drying good Colours of eve- ry description. Persons who favour the subscriber with their custom, may de- pend on having their work done in ten days or two weeks from the time it is brought to the Fulling Mill, near Buc- kle's own, or to William Long's Store in Martinsburg.
December 11, 1807.
FOR SALE,
A good Milch Cow.
Inquire of the Printer.
Dec. 11, 1807.

FOR SALE, A VALUABLE Negro Woman, about 38 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 250 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 20th instant, a Negro Man who calls himself BILL , about 33 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—I hope 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 Walden , 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.
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 Potomak 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.
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.
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, Halfthicks and Kerseys, Baize, white, red, green and yellow Flannels,
Superfine Scarlet, &c. Cassimeres, Bennet's patent Cord,
Do. do. Fancy Waistcoats, Do. Cotton do.
White, olive, mixt and black Constitution, &c. Cords,
Plain Velvets and Velvetteens, assorted, Fancy do. and do. Thickets,
A handsome assortment of Woolen and Cotton Hosiery,
A handsome assortment of the most fashionable Japaned 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, completely assorted,
Silk & Cotton Chambray 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 Sattin Straws, ditto,
A general assortment of fine Brussels Lace and Edgings, 4-4 and 7-8 Irish Linens, White and brown Russia Sheetings, ditto Ticklingburgs, Country Linen and Twilled Bags, 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.
Berkeley, ss. February Court, 1805.
Michael M'Kewan, Complainant,
AGAINST
Abraham Davenport, and
Adrian Davenport, } Defendants,
IN CHANCERY.
THE defendant, Adrian Davenport, not having entered his appearance agreeable to an 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 Complainant by his Counsel, it is ordered, that said Adrian Davenport, do appear here on the Monday after the third Tuesday in February next, to answer the bill of the Complainant, and that a copy of this order be forthwith inserted in the Berkeley and Jefferson Intelligencer for two months successively, and published at the door of the Court-House of said County.
A Copy. Teste, DAVID HUNTER , c.s.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 Seal, Upper and Harness Leather, with nice Calf-Skins and Boot-Legs for sale. Shepherd's-Town, Novr. 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 comprize 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,
Cambrick Dimities, assorted,
Elegant Tabby Velvets and Trafalgar Vest-Shapes,
Cotton Laces, assorted,
Seal and Upper Leather, &c. &c. His assortment is now very complete. Martinsburg, October 16, 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.
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 with the same.
October 16, 1807.
NOTICE.
A BARGAIN may be had in the purchase of the place where John Filer 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.
Public Sale.
PURSUANT to the last will and testament of Edward Watkins, deceased, will be sold at public auction, at Culpeper 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, Esq. Berkeley County, Virginia, July 31, 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.
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 Chillicothe 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 answers before the trial of the suit in Berkeley, in which said debts are contested, but he still refuses.
ROBERT WILCOX. November 13, 1807.
MARTINSBURG, Berkeley County, Virginia; Printed and published by JOHN ALBURTIS.
TERMS OF THE INTELLIGENCER.
THE price of this Paper is two dollars per annum, one dollar payable at the time of subscribing, and one when the year expires. Distant subscribers pay for the whole year in advance. The price of Advertisements, to non-subscribers, is one dollar per square for three weeks insertion, and for continuance after that time 25 cents per week: Subscribers will continue to receive a reduction of one-fourth on their Advertisements.